Author Archives: oneditor
Non-governmental Organizations, Prevention, and Intervention in Internal Conflict: Though the Lens of Darfur
This Note argues that cases like the humanitarian crisis and the conflict in Darfur, Sudan, present an intrastate collective action problem that has not been satisfactorily addressed by a traditional multilateral approach. Instead, the Darfur crisis demonstrates the need for … Continue reading
Globalization of Law Firms: A Survey of the Literature and a Research Agenda for Further Study
The international expansion of law firms plays a critical role in understanding the business of law and the nature of globalization. This article responds to the articles by Carole Silver and Len Bierman and Michael Hitt on law firm expansion … Continue reading
Local Matters: Internationalizing Strategies for U.S. Law Firms
The local nature of legal systems reduces the harmonizing impact that globalization has generated in other sectors of the economy. Despite the continuing importance of local differences and institutions, the world in which law and lawyers operate is increasingly connected, … Continue reading
Global Law: A Legal Phenomenon Emerging from the Process of Globalization
This article addresses the following question: Is Global Law merely a trendy theory, or are there concrete and factual elements allowing submission of irrefutable evidence of a movement toward the creation of a stand-alone international legal system? In this piece, … Continue reading
The Globalization of the Legal Profession
On April 6, 2006, the Indiana University School of Law—Bloomington served as host to a long overdue conversation on how economic globalization is reshaping the legal profession. Participants included academics from law and business, managing partners, practicing lawyers, in-house counsel, … Continue reading
Lawyers as Sanctifiers: The Role of Elite Law Firms in International Business Transactions
Globalization has fundamentally accelerated and altered business transactions. The search for low labor costs and cheap raw materials has led to a proliferation of international transactions, and large, international law firms are called on to participate in complex transactions helping … Continue reading
Ethical Codes and Cultural Context: Ensuring Legal Ethics in the Global Law Firm
There are doubtless many practical and professional problems that arise in the global legal practice, but this paper suggests that not least of these are issues of legal ethics, in part generated by the global context and not easily amenable … Continue reading
The Globalization of Legal Practice in the Internet Age
The Internet’s global reach has had a significant impact on the legal profession. This essay explains a few of the key developments in this area, including: competition fueled by outsourcing legal work to lower-wage earning lawyers around the world, “virtual … Continue reading
Laïcité in the United States or The Separation of Church and State in a Pluralist Society
American separation of church and state is much more exigent than French laïcité, in that it prohibits the state from helping one or all religions in any manner; either in making religious representatives accredited and recognized political interlocutors in political … Continue reading
Modern Condottieri in Iraq: Privatizing War from the Perspective of International and Human Rights Law
The publication in April 2004 of the shocking photos depicting Iraqi prisoners that had allegedly been abused by U.S. military personnel took world opinion by surprise. The question was raised how this could have happened and whether U.S. military personnel … Continue reading
Using Global Themes to Reframe the Bioprospecting Debate
The objective of this Note is to use global themes and perspectives to aid in reframing the bioprospecting debate. The current state of this debate, its problems, and proposed solutions are reviewed. In looking at the impact of local responses … Continue reading
Why Religion in Politics Does Not Violate la Conception Américaine de la Laïcité
La conception Américaine de la laïcité consists principally of a constitutional norm-the nonestablishment norm-and of the law that the U.S. Supreme Court has developed in the course of enforcing the norm. The nonestablishment norm forbids government-both the national government and … Continue reading
Dependency by Law: Poverty, Identity, and Welfare Privatization
Privatization of welfare reflects the political pressure to limit public responsibility for protection of social citizenship. Recent welfare reforms incorporate three classic market-like privatization mechanisms-contracting out services, forcing allocation of a limited pool of benefits, and deregulation. Deregulation entails strategic … Continue reading
Church and State in the United States: Competing Conceptions and Historic Changes
This article, originally written for a French audience, attempts to explain the American law of church and state from the ground up, assuming no background information. Basic legal provisions are explained. The relevant American history is periodized in three alignments … Continue reading
The Forgotten Threat: Private Policing and the State
What do Disneyland, the Abu Ghraib U.S. military prison, the Mall of America, and the Y-12 nuclear security complex in Oak Ridge, Tennessee have in common? They have wildly different purposes, but they share a common characteristic as employers of … Continue reading
Separation of Church and State in the United States: Lost in Translation?
In this article, the absence of an American equivalent to the French word laícité becomes an ethnographic opening to an exploration of the church-state divide in the U.S. context. Drawing on classic social theory, sociological accounts, and current events, I … Continue reading