Globalization
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The Center for the Study of the Novel is pleased to present a discussion of Professor Joseph Slaughter's new book, Human Rights Inc: The World Novel, Narrative Form, and International Law.  Prof. Slaughter (Columbia) will be in conversation with Prof. Saikat Majumdar (Stanford) and Prof. Michael Rubenstein (UC Berkeley) in the Terrace Room of the English Department (Building 460, Room 426) on Friday, November 20th, at 3:30 pm.  A reading selection from this book is available as a pdf by email request and in hard copy on the second floor of the English Department, under the grad mailboxes.

Human Rights Inc is, in Simon Gikandi's words, "one of the most intense and intelligent reflections on the relation between the novel and human rights....a model of how students and scholars of literature can respond to the great humanitarian crisis of our time and transform the culture of human rights itself."

Joseph Slaughter is Associate Professor of English and Comparative Literature at Columbia University.  He teaches and publishes in the fields of postcolonial literature and theory, African, Caribbean, and Latin American literatures, postcolonialism, narrative theory, human rights, and 20th-century ethnic and third world literatures. His many publications include articles on the narrative foundations of human rights in Human Rights Quarterly, "Humanitarian Reading" in Humanitarianism and Suffering, torture and Latin American literature in Tulsa Studies in Women's Literature, ethnopsychiatry, Nigerian literature, and globalization in African Writers and Their Readers, colonial narratives of invoice in Emerging Perspectives on Chinua Achebe, city space and the national allegory in Research in African Literatures, human rights, multiculturalism, and the contemporary Bildungsroman in Politics and Culture, a short story translation of Argentine Elvira Orphée's "Descomedido" in The Southwest Review, as well as a co-authored article on contemporary epistolary fiction and women's rights in Women, Gender, and Human Rights. His essay, "Enabling Fictions and Novel Subjects: The Bildungsroman and International Human Rights Law," appeared in a special issue on human rights of PMLA (October 2006) and was honored as one of the two best articles published in the journal in 2006-7; another, "The Textuality of Human Rights: Founding Narratives of Human Personality," was named a winner in the Interdisciplinary Law and Humanities Junior Scholar Workshop held at UCLA in 2004. He has co-edited a special issue on "Human Rights and Literary Form" of Comparative Literature Studies.

Terrace Room
Margaret Jacks Hall / Building 460
Department of English
Stanford University

Joseph Slaughter Author, "Human Rights Inc: The World Novel, Narrative Form, and International Law" Speaker
Saikat Majumdar Speaker Stanford University
Michael Rubenstein Speaker University of California at Berkeley
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The significant increase in the role of international trade in the economic development of nations over the last few decades has been accompanied by a considerable increase in the number of commercial disputes as well. In India too, rapid globalization of the economy and the resulting increase in competition has led to an increase in commercial disputes. At the same time, however, the rate of industrial growth, modernization, and improvement of socio-economic circumstances has, in many instances, outpaced the rate of growth of dispute resolution mechanisms. In many parts of India, rapid development has meant increased caseloads for already overburdened courts, further leading to notoriously slow adjudication of commercial disputes. As a result, alternative dispute resolution mechanisms, including arbitration, have become more crucial for businesses operating in India as well as those doing businesses with Indian firms.

Keeping in mind the broader goal of exploring links between the quality of legal performance and economic growth, this paper is an attempt to critically evaluate arbitration in India as a legal institution. To this end, this paper presents an empirical inquiry into the state of arbitration, as well as a more theoretical examination of the political economy and arbitration as developed and practiced in India. In sum, although the huge influx of overseas commercial transactions spurred by the growth of the Indian economy has resulted in a significant increase of commercial disputes, arbitration practice has lagged behind. The present arbitration system in India is still plagued with many loopholes and shortcomings, and the quality of arbitration has not adequately developed as a quick and cost-effective mechanism for resolution of commercial disputes.

In this paper, the evolution of arbitration law and practice in India has been explored. Part I of this paper lays out the basics of arbitration in India, with a brief discussion of its history, the statutes that govern arbitration, the types of arbitration practiced, the enforcement of arbitral awards, and the costs of arbitration as compared to those of litigation. Part II explores the working of arbitration in India, while Part III is a critical analysis of the success of arbitration under the 1996 Act. Part IV briefly examines arbitration practice across regions, and the relationship between arbitration and commercial growth. Finally, Part V offers a series of recommendations for improving arbitration practice in India.

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PGJ Fellow 2009-2010
Allegra.jpg

Allegra received her Ph.D. in Modern Thought and Literature from Stanford and her J.D. from Yale Law School. After law school, Allegra clerked for the Honorable M. Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit and served as an Arthur Liman Public Interest Fellow providing pro bono representation to immigrants detained at the California-Mexico border. As a Liman Fellow, Allegra also conducted research on the intersections of U.S. criminal and immigration policies. 

Allegra’s Ph.D. dissertation, entitled Exporting U.S. Criminal Justice: Crime, Development, and Empire After the Cold War, addressed the globalization of U.S. criminal procedural and transnational crime control models. In her dissertation, she systematically examined the range of U.S. government programs engaged in foreign criminal justice reform and the functions these programs fulfilled in terms of fashioning a regime for global governance and neoliberal restructuring during the 1990s and beyond.

At Stanford, Allegra worked to revise and publish her dissertation manuscript and continued her research on the criminalization of migration policy and criminal justice and development.

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Pharmaceutical policies are interlinked globally, yet deeply rooted in local culture. The newly published book Prescribing Cultures and Pharmaceutical Policy in the Asia-Pacific, edited by Karen Eggleston, examines how pharmaceuticals and their regulation play an important and often contentious role in the health systems of the Asia-Pacific.

In this colloquium, contributors to Prescribing Cultures discuss how the book analyzes pharmaceutical policy in China, Korea, Japan, Thailand, Taiwan, Australia, and India, focusing on two cross-cutting themes: differences in “prescribing cultures” and physician dispensing; and the challenge of balancing access to drugs with incentives for innovation.

As Michael Reich of Harvard University says in his Forward to Prescribing Cultures,

“The pharmaceutical sector…promises great benefits and also poses enormous risks.… Conflicts abound over public policies, industry strategies, payment mechanisms, professional associations, and dispensing practices—to name just a few of the regional controversies covered in this excellent book.

The tension between emphasizing innovation versus access -- a topic of hot debate on today’s global health policy agenda -- is examined in several chapters…

This book makes a special contribution to our understanding of the pharmaceutical sector in China… Globalization is galloping forward, with Chinese producers pushing the pace at breakneck speed. More and more, our safety depends on China’s ability to get its regulatory act together…”

The colloquium features presentations by Naoko Tomita (Keio University), Anita Wagner (Harvard University), and Karen Eggleston (Stanford FSI Shorenstein Asia-Pacific Research Center). They will give specific examples of how pharmaceutical policy serves as a window into the economic tradeoffs, political compromises, and historical trajectories that shape health systems, as well as how cultural legacies shape and are shaped by the forces of globalization.

Oksenberg Conference Room

Anita Wagner Speaker Harvard University
Naoko Tomita Speaker Keio University
Karen Eggleston Speaker Stanford University
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A book by John W. Meyer and about John W. Meyer, reviewing four decades of scholarship and current work. Georg Krucken and Gili S. Drori also adds an essay on the theoretical and empirical contribution of Meyer's institutional theory, placing it within the broader context of contemporary social theory, globalization research, and organizational studies in both in the United States and Europe.

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Globalization creates lucrative opportunities for traffickers of drugs, dirty money, blood diamonds, weapons, and other contraband. Effective countermeasures require international collaboration, but what if some countries suffer while others profit from illicit trade? Only international institutions with strong compliance mechanisms can ensure that profiteers will not dodge their law enforcement responsibilities. However, the effectiveness of these institutions may also depend on their ability flexibly to adjust to fast-changing environments.

Combining international legal theory and transaction cost economics, this book develops a novel, comprehensive framework which reveals the factors that determine the optimal balance between institutional credibility and flexibility. The author tests this rational design
paradigm on four recent anti-trafficking efforts: narcotics, money laundering, conflict diamond, and small arms. She sheds light on the reasons why policymakers sometimes adopt suboptimal design solutions and unearths a nascent trend towards innovative forms of international cooperation which transcend the limitations of national sovereignty.

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Since World War II, a major element of globalization has involved the expansion of human rights norms, rules, and institutions.  This broad movement represents a dramatic shift from earlier emphases on the rights and duties of citizens of national states.  The human rights movement stresses universal and global rights, and the general responsibility to support these rights anywhere in the world, independent of national sovereignty boundaries.  This research project focuses both on the expansion of the human rights movement at the global level and the impact of the movement on

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Joshua Cohen's Program on Global Justice (PGJ), which explores issues at the intersection of political norms and global political-economic realities, has joined CDDRL Center Director Larry Diamond has announced.  Cohen, a professor of political science, philosophy, and law, came to Stanford from the Massachusetts Institute of Technology (M.I.T.) in 2006 to launch a new program on global justice at FSI.

The aim of his program, Cohen said, "is to build dialogue and research that integrates political values - toleration, fairness, and the common good - into discussions about human rights, global governance, and access to such basic goods as food and clean water."  "These issues of global politics are all ethically consequential," Cohen points out, "and addressing them well requires a mix of philosophical thought with the best current social-scientific research."

CDDRL Director Diamond and Associate Director for research Kathryn Stoner joined in saying "We are delighted to welcome Josh Cohen to our team.  His path-breaking work bridges the normative, empirical, and policy dimensions of our Center's ongoing concerns for democracy, equitable economic development, and the rule of law."

Under Cohen, the Global Justice Program's largest effort has focused on the Just Supply Chains project. As globalization of production creates a need for new models of fair treatment for workers in global supply chains, fresh thinking is also needed on the role of unions, the rights of workers to associate, and the role of trade agreement in promoting just working conditions.

Cohen, Diamond, and Terry Winograd, Stanford professor of computer science, have also initiated a the new Program on Liberation Technology which brings together Stanford colleagues from computer science and applied technology with social scientists to explore ways that new information technologies can improve economic, political, and social conditions in low income countries, and materially improve human lives. As Cohen and Diamond note, Liberation Technology "seeks to understand how information technology can be used to defend human rights, improve governance, empower the poor, promote economic development, and pursue of variety of other social goods."  

A prolific author, Cohen has written extensively on issues of democratic theory, especially the theory of deliberative democracy, and implications of that idea for personal liberty. He is the author with Joel Rogers of On Democracy (1983), Rules of the Game (1986), and Associations and Democracy (1995). A volume of his selected papers, Philosophy, Politics, Democracy is forthcoming from Harvard University Press, and his Rousseau: A Free Community of Equals, is forthcoming from Oxford University press.  

Cohen is also the editor of Boston Review, a bi-monthly magazine of political, cultural, and literary ideas, and has edited 18 books that grew out of forums that appeared in the Review. He moderated the Global Poverty and Development Course offered by Google.org in 2007 for google.com employees. The ten week-course addressed issues ranging from growth and globalization to education and urbanization, and can still be watched on YouTube.

Diamond, Stoner-Weiss, and Cohen are part of the distinguished Stanford faculty group who lead the Just Supply Chains each summer.  This highly competitive program each year selects from 600-800 applicants some 30 rising leaders from major transitioning countries such as Russia, Iran, Iraq, Pakistan, Afghanistan, Nigeria, Kenya, and Zimbabwe and brings them to Stanford to examine and foster linkages among democracy, sustainable economic development, and good governance. As Diamond and Cohen point out, in today's challenging environment, putting new information technologies to socially, politically, and economic constructive uses is a powerful tool and of growing interest to many of these rising leaders from transitioning countries.   

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