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Jost Delbrück: A Reflection
In: German yearbook of international law: Jahrbuch für internationales Recht, Band 63, Heft 1, S. 79-81
ISSN: 2195-7304
The Transnationalization of Domestic Law: A Perspective from the United States
In: presented to INTERNATIONALIZATION OF ADMINISTRATIVE LAW CONFERENCE, Université Paris II Panthéon-Assas, May 2018
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Globalization and the Privatization of Welfare Administration in Indiana
In: Indiana Journal of Global Legal Studies, Band 20, Heft 1
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Privatization and Democracy: Resources in Administrative Law
In: GOVERNMENT BY CONTRACT, Jody Freeman and Martha Minow, eds., Harvard University Press, 2009
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Globalization from the Ground Up: A Domestic Perspective
In: Law and Governance, Vol. 2, Beverly Crawford, ed., Praeger Press, 2008
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The Globalizing State
he primary purpose of this Article is to consider the relationship of globalization to domestic law, a topic that, for the most part, has been neglected by the legal literature to date. In so doing, this Article shall develop the concept of the globalizing state, a theory of the state based on states' new roles in furthering global competitiveness, as well as the transformative effects of these new roles on the state itself. This Article refers to globalization as an interpretive approach to issues no longer classifiable--or even understandable--in terms of classic dichotomies of domestic and global, public and private, or federal and state. The integration of local and national economies with the global economy, the changing role of the state, the creation of new mixtures of public and private power, and the increasing importance of denationalized sources of law, have significantly changed the meaning of such concepts as "domestic," "private," or "local." The "local" must now be understood as one modality in a complex global process, rather than a unified place or jurisdiction. This Article concludes that when choices of interpretive approaches to constitutional doctrines exist, those approaches that preserve, increase, or further the flexibility of decision-makers' responses to the global economy should be preferred. Not unlike the New Deal era when the Court had to confront new issues arising from society's political responses to a newly emerging nationally integrated economy, the Court today decides issues against a backdrop of an increasingly integrated global economy. An analysis of the public/private distinction and recent federalism decisions will show that it is important that courts resist constitutional approaches that unnecessarily limit change or new power-sharing approaches to both new and old issues. While it may seem ironic, some of the deferential, constitutional interpretive approaches forged by the Court during the New Deal era may, in fact, be best suited for the political experimentation now ...
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Symposium issue: Above the boundaries: ozone depletion, equity, and climate change
In: Law & policy, Band 15, S. 1-74
ISSN: 0265-8240
Fire Power: Constitutional Limits and Institutional Norms Governing the United States President's Power of Removal
In: Penser le droit a partir de l'individu: Melanges en l'honneur d'Elisabeth Zoller (Dalloz, 2018)
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The Human Side of Public-Private Partnerships: From New Deal Regulation to Administrative Law Management
In: Iowa Law Review, Band 102
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Prison Privatization and Inmate Labor in the Global Economy: Reframing the Debate Over Private Prisons
In: Fordham Urban Law Journal, Band 42
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The Domestic Face of Globalization: Law's Role in the Integration of Immigrants in the United States
In: Indiana Legal Studies Research Paper No. 196
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Working paper
Administrative law
In: Hornbook series