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Full-Text Articles in Law

Border Orientation In A Globalizing World, Beth A. Simmons, Michael R. Kenwick Oct 2022

Border Orientation In A Globalizing World, Beth A. Simmons, Michael R. Kenwick

All Faculty Scholarship

Border politics are a salient component of high international politics. States are increasingly building infrastructure to ‘secure’ their borders. We introduce the concept of border orientation to describe the extent to which the State is committed to the spatial display of capacities to control the terms of penetration of its national borders. Border orientation provides a lens through which to analyze resistance to globalization, growing populism, and the consequences of intensified border politics. We measure border orientation using novel, geo-spatial data on the built environment along the world’s borders and theorize that real and perceived pressures of globalization have resulted …


Why Aim Law Toward Human Survival, John William Draper Feb 2022

Why Aim Law Toward Human Survival, John William Draper

Librarian Scholarship at Penn Carey Law

Our legal system is contributing to humanity’s demise by failing to take account of our species’ situation. For example, in some cases law works against life and supports interests such as liberty or profit maximization.

If we do not act, science tells us that humanity bears a significant (and growing) risk of catastrophic failure. The significant risk inherent in the status quo is unacceptable and requires a response. We must act. It is getting hotter. When we decide to act, we need to make the right choice.

There is no better choice. You and all your relatives have rights. The …


The Runaway Presidential Power Over Diplomacy, Jean Galbraith Jan 2022

The Runaway Presidential Power Over Diplomacy, Jean Galbraith

All Faculty Scholarship

The President claims exclusive control over diplomacy within our constitutional system. Relying on this claim, executive branch lawyers repeatedly reject congressional mandates regarding international engagement. In their view, Congress cannot specify what the policy of the United States is with respect to foreign corruption, cannot bar a technology-focused agency from communicating with China, cannot impose notice requirements for withdrawal from a treaty with Russia, cannot instruct Treasury officials how to vote in the World Bank, and cannot require the disclosure of a trade-related report. And these are just a few of many examples from recent years. The President’s assertedly exclusive …