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The Provost\u27s Path: How More Than 200 Scholars Reached the Top Academic Job on Campus, and Where They Went Next
Get PDFFor professors who have risen through the ranks of academic administration, serving as provost lets them broaden their reach. Provosts set an institution’s academic vision, supervise deans, oversee accreditation, create strategic plans, and manage budgets, among other things. It’s also a job with cachet on campus. The provost, second in command, is widely recognized as having a job that is a steppingstone to other high-profile positions, particularly a college presidency.
In more ways than one, the provost’s role is a pivotal one, and even more so at the sprawling academic enterprises that are the nation’s top research institutions
#PersonalJurisdiction: A New Age of Internet Contacts
Get PDFThis Article explores the complicated relationship between minimum contacts and the modern internet. Part I traces the development of modern personal jurisdiction analyses in the areas of both specific and general jurisdiction. Interesting in this historical overview is the increased reliance on predictability, even as courts have recognized that advanced technologies and infrastructure have made the maintenance of lawsuits infinitely easier than in the days before International Shoe.7 Part II then explores the intersection between personal jurisdiction and the internet as well as the rise of the so-called Zippo “interactivity” test for jurisdiction in cases involving websites. Although Zippo has represented the cornerstone of internet-based jurisdiction since its publication in 1997, there are several problems with the test, including incorrect applications in the area of general jurisdiction and inconsistent applications when websites contain advertisements, contact information, or other possible interactive features.
Part III examines the changing nature of the modern internet and the move from Web 1.0 to Web 2.0.8 This change has brought with it increased interactivity in online experiences, including the rise of social media. These changes have made it difficult to continue to apply the Zippo analysis as it currently exists. Accordingly, Part IV of this Article proposes a shift in the manner in which courts should think about personal jurisdiction and website interactivity. Specifically, this Article proposes that courts should move away from interactivity-based analyses to a more holistic analysis that examines the defendant’s expectations based on the increased global presence of the internet and traditional notions of fairness.
The analytical framework proposed by this Article seeks to do two things. First, the framework eliminates inconsistent applications of the Zippo test. An examination of the case law reveals that websites with many of the same features are now being classified differently in various jurisdictions. Second, the framework attempts to lay a sustainable groundwork that can withstand future technological innovations. It is without question that the internet has changed substantially since the time of Zippo in 1997. However, the future holds even greater changes for the way in which users communicate online and receive information. Addressing these changes now will lay a sustainable groundwork for the near future, when the web will become more semantic, more personal, and even more ubiquitous
An Alternative Path to Rule of Law? Thailand\u27s Twenty-First Century Administrative Courts
Get PDFThis study examines why courts made sense to those who established them and how the courts\u27 authority is being utilized. For relatively powerless and resource-poor litigants, barriers to litigation may be many, but when these barriers are overcome, administrative courts exercise extraordinary influence, even when they fail to render a decision fully vindicating a plaintiffs legal rights. Administrative courts serve multiple functions, not only by exercising power, in the famed words of Chief Justice Marshall, to say what the law is, 13 but also by decentering the concentrated power of Thailand\u27s insular and tradition bound ministries as well as its politicians. Binding decisions can exercise what Michael Dowdle calls concurrent jurisdiction to counter concentrated executive or political control over policy making through authority of their own that is directed to enforcing the rule of law. Courts\u27 convening power requires officials to engage other stakeholders and to attend to the consequences of policy from other perspectives. Finally, courts possess expressive functionality by providing a forum in which citizens\u27 interpretations of policy and new perspectives on state authority can sometimes be communicated to others when political space is limited. 14 Each of these functions create an alternative center of power and opportunities for change. In practice, the impact of a court system depends on a web of actors that includes judges, bureaucrats, police, prosecutors, potential litigants, and supporting networks, and may extend far beyond to global sources, ideological influence, and material support.
Understanding how judges, litigants, and other actors have adapted to the administrative courts requires context. Our examination is both top down and bottom up. 15 We emphasize the courts\u27 institutional origins and development, and we consider how the courts\u27 authority is perceived and deployed by judges, potential litigants, and their advocates. The factors influencing the mobilization of litigation and how courts draw officials and citizens together through a web of courtcentered relationships are then discussed. Parts II and III describe the history of the courts\u27 origins to lay bare the political contingencies that determined the power given the courts as the Thai state underwent political transitions. Part II places the administrative courts in historical perspective, describing the development of courts in Thailand and their place in relation to the monarchy (the government\u27s symbolic core) and the powerful bureaucratic state. Part III describes the constitutional and statutory powers given to the administrative courts. Part IV describes the administrative courts in action. We present a statistical overview of cases filed since the administrative courts opened in 2001 and an analysis of the courts\u27 caseload. The caseload of the courts shows that litigation is concentrated in a few areas of government administration, and litigants typically have a continuing relationship with government regulators or are government officials themselves.
More surprising is the increasing frequency of environmental rights litigation where litigants have little familiarity with government regulation and limited means or knowledge to litigate. In Part V, we undertake a case study of one type of litigation\u27s development to illustrate the dependence of and effectiveness of litigation for rights on a system of support structures. 16 Thailand lacks many of the supporting institutions and practices typical of developed Western democracies, such as a politically savvy and powerful legal profession, a rightsconscious judiciary, influential public and private organizations supporting litigation for rights, and public consciousness of rights. Yet following constitutional reform, rights-oriented litigation emerged in the administrative courts through the efforts of a small, self-sustaining community of activist attorneys. We describe the career of a leading environmental litigator and his network and the mutually constructive effects of the outcomes of this litigation on the support structures for the courts.
A concluding Part VI draws on the foregoing analysis to address a question posed by many Western observers of new judicial systems: Do new administrative courts provide an alternative path for the rule of law? We find that under both democratic and military rule, the administrative courts have provided a means of accountability accessible to ordinary Thai citizens. We identify factors that influenced this possibility and provide starting points for comparisons with the courts of other developing countries as well as with judicial systems in developed democratic states
Trump, Trade, and Trabajo: Renegotiating Nafta\u27s Labor Accord In A Fraught Political Climate
Get PDFQuitting the Trans-Pacific Partnership (TPP) and demanding renegotiation of the North American Free Trade Agreement (NAFTA)- along with its supplemental labor pact, the North American Agreement on Labor Cooperation (NAALC)-were among the first actions of the new U.S. Administration in 2017. NAFTA renegotiations concluded for the time being-in October 2018 with announcement of the United States-Mexico-Canada Agreement (USMCA) to replace NAFTA.
Controversial proposals on the bargaining table contained important implications for employment, labor rights, and labor standards in North America. This paper reviews the status of negotiations, the risks of losing the first-ever international instrument linking trade and labor standards (despite its flaws), and the options for preserving and strengthening trade-labor linkage in a new agreement.
NAFTA renegotiation is a moving target, hard to hit in a definitive way given the volatility of the U.S. administration. Throughout 2017 and 2018, each week brought new tweets, new twists, and new threats to undo NAFTA. Less than three weeks after celebrating the USMCA, President Donald Trump threatened to cancel it if Mexico did not stop migrants from Central America moving toward the U.S. border. When Democrats re-took control of the U.S. House of Representatives in the November 2018 mid-term elections, some Democratic party leaders said they would block approval of the new trade agreement unless stronger labor protections were added.
The version of this paper published in the Indiana Journal of Global Legal Studies will likely be overtaken by later events. But the hope is that even a partial analysis of the renegotiation process can clarify the potential effects on workers and employers in North America and broaden debates about the relationship between trade and labor rights.
Following this Introduction, Part II of the paper looks at NAFTA\u27s labor side agreement and the resulting standards and obligations, institutional structure, and complaint mechanism. It also reviews labor rights advocates\u27 use of the complaint system to advance their interests and a sample of cases to convey the strengths and weaknesses of the system.
Part III moves to discussion of the current status of negotiations, continued flaws and failures in the three countries\u27 labor law system, and challenges negotiators face in crafting a new labor accord. It also looks at key elements of post-NAFTA trade-labor agreements with other countries to see how they might influence the renegotiation process.
Part IV examines how a renegotiated NAALC accord can fix flaws in the original and add new features to advance workers\u27 rights. Part V argues for the continuing vitality of the labor agreement and reviews key elements of the labor chapter in the new USMCA
Commencement calls for review of annual milestones
Get PDFThis weekend is a time of celebration in Bloomington, as we welcome friends and family of the Class of 2019 for our annual commencement ceremony. It’s an important milestone in our students’ lives. Commencement is also a time for looking back. The past year saw several significant milestones for the IU Maurer School of Law. I’d like to touch on just a few of them in this month’s column
Indiana University\u27s storied past
Get PDFIndiana University celebrates its bicentennial this year, and the excitement is building on the Bloomington campus. Although the Maurer School of Law is a few years younger – we were founded in 1842 – we are joining the festivities with a yearlong list of events that honor our past and look toward the future. .
