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Globalizing Justice: Critical Perspectives on Transnational Law and the Cross-Border Migration of Legal Norms

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Overview

Essays assessing the impact of globalization on law and court systems across the world.

Globalization is a far-reaching and multifaceted phenomenon whose effects on law are just beginning to be appreciated fully. Globalizing Justice examines the effects of globalization on law and court systems in the developed and developing worlds. How has the global spread of legal norms changed the relationship between international, supranational, and national courts? How are transnational and international legal norms transmitted and received? The contributors utilize a variety of approaches—historical, comparative, normative, and empirical—to expose the extensive effects of globalization in areas such as human rights, universal criminal jurisdiction, citizenship, and national sovereignty. This volume sheds light on the global spread of information and the cross-border migration of legal ideas across the world to further open up the discussion of globalization in the social sciences.

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Editorial Reviews

From the Publisher
Donald W. Jackson is Herman Brown Professor of Political Science at Texas Christian University and the author of Even the Children of Strangers: Equality under the U.S. Constitution. Michael C. Tolley is Associate Professor of Political Science at Northeastern University and the coauthor (with Christopher J. Bosso and John H. Portz) of American Government: Conflict, Compromise, and Citizenship. Mary L. Volcansek is Professor of Political Science at Texas Christian University and the author of Constitutional Politics in Italy: The Constitutional Court.
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Product Details

Meet the Author

Donald W. Jackson is Herman Brown Professor of Political Science at Texas Christian University and the author of Even the Children of Strangers: Equality under the U.S. Constitution.

Michael C. Tolley is Associate Professor of Political Science at Northeastern University and the coauthor (with Christopher J. Bosso and John H. Portz) of American Government: Conflict, Compromise, and Citizenship.

Mary L. Volcansek is Professor of Political Science at Texas Christian University and the author of Constitutional Politics in Italy: The Constitutional Court.

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Table of Contents

List of Tables ix

Preface and Acknowledgments xi

Introduction Donald W. Jackson Michael C. Tolley Mary L. Volcansek 1

Part I Transnational Influences on the U.S. Supreme Court

Chapter 1 The U.S. Supreme Court's Use of Comparative Law in the Construction of Constitutional Rights David M. O'Brien 7

Chapter 2 Foreign Law in American Jurisprudence: An Empirical Study Francine Banner Ken Miller Doris Marie Provine 27

Chapter 3 Foreign Law in Domestic Courts: Different Uses, Different Implications Christopher A. Whytock 45

Part II The Rise of Transnational Criminal Jurisdiction

Chapter 4 Legitimacy and the Exercise of Universal Criminal Jurisdiction Donald W. Jackson 67

Chapter 5 International and Transnational Law, Sovereignty, and Hegemonic Power Donald W. Jackson 83

Chapter 6 The Promotion of International Criminal Law: Evaluating the International Criminal Court and the Apprehension of Indictees Lilian A. Barria Steven D. Roper 101

Part III Transnational Influences on Rights, Citizenship, and Democratization

Chapter 7 The Globalization of Human Rights Norms: Understanding the Opportunities and Limits of International Law and Transnational Activism Hans Peter Schmitz 121

Chapter 8 Rights and the Limits of Transnational Solidarity in Europe Lisa Conant 141

Chapter 9 International Imposition and Transmission of Democracy and the Rule of Law: Lessons from Central America Rachel Bowen 161

Chapter 10 The Role of International Actors in Promoting Rule of Law in Uganda Joseph M. Isanga 179

Part IV Transnational Law and the Boundaries of Sovereignty

Chapter 11 Blurring Sovereignty: The Human Rights Act of 1998 and British Law Mary L. Volcansek 201

Chapter 12 Fundamental Rights, the European Court of Justice, and European Integration Michael C. Tolley 217

Chapter 13 Spreading the Word: Australia's National Human Rights and Equal Opportunity Commission as Transnational Legal Entrepreneur Rhonda Evans Case 235

Chapter 14 Judicial Globalization: How the International Law of Human Rights Changed the Argentine Supreme Court Walter F. Carnota 255

Conclusion Donald W. Jackson Michael C. Tolley Mary L. Volcansek 267

List of Contributors 279

Index 283

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