{"title":"Democracy Down Under: A Comparative Look at Australian and American Electoral Systems","authors":"Matthew K. Duncan","doi":"10.18060/7909.0048","DOIUrl":"https://doi.org/10.18060/7909.0048","url":null,"abstract":"One of the challenges that every democracy faces is determining how to structure its electoral system. It is an intense subject of debate, with political theorists grappling with what electoral system is ideal from a normative context. Electoral design is an important issue because scholars have described elections as “the key hallmark to democracy.” The social science literature at both the aggregate and micro levels has indicated that “[d]ifferent electoral systems produce different outcomes.” In describing his ideal electoral system, the British political theorist John Stuart Mill once said that adopting the single-transferable vote (STV) would be “among the very greatest improvements yet made in the theory and practice of government.” While originally designed by Thomas Hare of England in 1857, the goal of this system is for legislatures to be composed politically to precisely reflect each political group’s strength in the electorate. For instance, if the United States’ electorate was 40 percent Democratic, 40 percent Republican, and 20 percent independent, the objective of an STV system would be for Congress to have 40 percent of its representatives be Democrats, 40 percent of its representatives be Republicans, with nearly 20 percent of its representatives elected as independents. While the United States is a nation divided politically, the current Congress is by no means reflective of the electorate’s political views. For instance, even though President Obama was comfortably re-elected and the House Democrats","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114762094","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Selling Citizenship to the Highest Bidder: A Proposal to Reform the United States EB-5 Investor Visa Program","authors":"Taylor C. Byrley","doi":"10.18060/7909.0047","DOIUrl":"https://doi.org/10.18060/7909.0047","url":null,"abstract":"","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125813994","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Reservation as a Means of Reconciliation: A Comparative Analysis of the CEDAW and the Fundamental Tenets of the Vatican as Church and State","authors":"M. Newell","doi":"10.18060/7909.0040","DOIUrl":"https://doi.org/10.18060/7909.0040","url":null,"abstract":"","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123069667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"In Search of Refuge: The United States' Domestic and International Obligations to Protect Unaccompanied Immigrant Children","authors":"Megan Smith-Pastrana","doi":"10.18060/7909.0041","DOIUrl":"https://doi.org/10.18060/7909.0041","url":null,"abstract":"","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"326 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133471948","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"An International Case for the United States Adopting a Qualified Privilege for Source Confidentiality","authors":"Bennett D. Fuson","doi":"10.18060/7909.0039","DOIUrl":"https://doi.org/10.18060/7909.0039","url":null,"abstract":"","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131864288","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Clipping the Stork's Wings: Commercial Surrogacy Regulation and its Impact on Fertility Tourism","authors":"Katherine Voskoboynik","doi":"10.18060/7909.0043","DOIUrl":"https://doi.org/10.18060/7909.0043","url":null,"abstract":"","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127895032","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Kosher Babies: How Israel's Approach to IVF Can Guide the United States in Fighting Separation of Church and State Abuses","authors":"Tyler J Smith","doi":"10.18060/7909.0042","DOIUrl":"https://doi.org/10.18060/7909.0042","url":null,"abstract":"","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116714920","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The ICC and the Security Council: How Much Support is There for Ending Impunity?","authors":"S. Ford","doi":"10.2139/SSRN.2573855","DOIUrl":"https://doi.org/10.2139/SSRN.2573855","url":null,"abstract":"The Article explores the relationship between the International Criminal Court (ICC) and the United Nations Security Council in the context of the ICC Prosecutor's recent decision to suspend her investigation into crimes committed in Darfur. Given that the situation in Darfur was referred to the ICC by the Security Council, what does the suspension of the investigations say about the relationship between the court and the Council? Despite persistent Security Council paralysis, there is broad support for the ICC within the Council. In fact, but for the threat of a Russian or Chinese veto, it is very likely that the Security Council would already have acted to apply pressure to Sudan to encourage Sudanese cooperation with the court. Support for the ICC is also widespread within the General Assembly. Essentially, support for the court and for ending impunity is quite broad while opposition to the court is very narrow. This bodes well for the eventual success of the court, although the short to medium term is likely to be marked by continued paralysis.","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"42 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129948954","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Enforcing the Rome Statute: Evidence of (Non) Compliance from Kenya","authors":"Y. Dutton","doi":"10.18060/7909.0034","DOIUrl":"https://doi.org/10.18060/7909.0034","url":null,"abstract":"26 Indiana International and Comparative Law Review 7 (2016)","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127835561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Wrongs, Rights, and Remedies: A Yankee Romp in Recent European Tort Law","authors":"Richard J. Peltz-Steele","doi":"10.18060/7909.0038","DOIUrl":"https://doi.org/10.18060/7909.0038","url":null,"abstract":"This article explores developments in European tort law reported by country at the 2015 European Tort Law Institute. Reported developments were selected for recurring themes and compared with analogous problems in U.S. tort law. Though by no means a statistical survey, the reports are indicative of contemporary issues of interest to informed European lawyers and educators. The recurring themes were (a) damages valuation and compensation for life and death; (b) multiple liabilities; (c) interplay of tort and insurance; (d) official liability and civil rights; and (e) consumer class actions. Analyzing these threads, the article concludes (1) that U.S. and European courts reason similarly on common problems in tort logistics, but differ in justification for employing equity and policy norms; (2) that U.S. and European courts similarly tend to defer to tort legislation, though differ in willingness to imbue statutory construction with normative discretion; and (3) that at least the sampled European courts exhibited a greater willingness than is common among U.S. courts to champion individual causes against the state. These comparisons afford an opportunity to study legal systems of variable geographic and cultural origin, and of common law and civil code tradition, as they wrestle with the simple yet intractable problem of how society should respond to civil wrongs.","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128339894","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}