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- Penn State Journal of Law & International Affairs (29)
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Articles 31 - 60 of 127
Full-Text Articles in Law
On The Politics Of Societal Constitutionalism, Emilios Christodoulidis
On The Politics Of Societal Constitutionalism, Emilios Christodoulidis
Indiana Journal of Global Legal Studies
This paper is an internal critique of the theory of societal constitutionalism as developed by Gunther Teubner, with a specific emphasis on the constitutional and the political dimensions of the theory. As critique it focuses on the arguably unacknowledged dangers of co-option: the danger that constitutionalization, as an ongoing process, undercuts what we typically associate with the constitutional, which is its framing function; that this problem is accentuated when it comes to the transnational; and that its reflexivity runs the danger of market capture, in which case it remains only nominally political. The danger of market capture for societal constitutionalism …
One Redeeming Quality About The 112th Congress: Refocusing On Descriptive Rather Than Evocative Short Titles, Brian Christopher Jones
One Redeeming Quality About The 112th Congress: Refocusing On Descriptive Rather Than Evocative Short Titles, Brian Christopher Jones
Michigan Law Review First Impressions
The consensus with regard to the 112th Congress is that it was a massive failure: the Congress passed fewer laws than in previous years, and the contemptuous debates over the debt ceiling and the so-called "fiscal cliff" did not win this Congress many supporters. So what redeeming qualities could have been present in such an irredeemable Congress? I believe that there was at least one: a returning focus on descriptive short titles for laws, rather than a perpetuation of the evocative and tendentious short titles that have been commonplace over the past couple of decades. A recent publication of mine …
Striking A Balance: The Speech Or Debate Clause’S Testimonial Privilege And Policing Government Corruption, Jay Rothrock
Striking A Balance: The Speech Or Debate Clause’S Testimonial Privilege And Policing Government Corruption, Jay Rothrock
Touro Law Review
No abstract provided.
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
The Behavior Of The French Army During The Dreyfus Affair, General André Bach
The Behavior Of The French Army During The Dreyfus Affair, General André Bach
Touro Law Review
Focuses on the how the French army participated in and influenced the Dreyfus affair. There are three main areas in which the French army played a large role: the incident of espionage, the legal case, and lastly, the political ramifications.
Section 501(C)(4) Advocacy Organizations: Political Candidate-Related And Other Partisan Activities In Furtherance Of The Social Welfare, Terence Dougherty
Section 501(C)(4) Advocacy Organizations: Political Candidate-Related And Other Partisan Activities In Furtherance Of The Social Welfare, Terence Dougherty
Seattle University Law Review
In the wake of the 2012 presidential election, tax and political law lawyers are left with a number of unanswered questions concerning the political activities of tax-exempt organizations. Despite the importance of these questions, there are striking gaps in the authority of federal tax law governing the conduct of political candidate and other partisan-related activities by tax-exempt organizations. Assuming activities in furtherance of partisan interests are activities that support private interests, I consider what this authority may tell us about the permissibility of Section 501(c)(4) organizations engaging in partisan political activities and having as a constitutive purpose a partisan political …
Political Campaigning And The Airways, Harrop Freeman, Stewart Edelstein
Political Campaigning And The Airways, Harrop Freeman, Stewart Edelstein
Pepperdine Law Review
No abstract provided.
Nonprofit Organizations, For-Profit Corporations, And The Hhs Mandate: Why The Mandate Does Not Satisfy Rfra's Requirements, Jonathan T. Tan
Nonprofit Organizations, For-Profit Corporations, And The Hhs Mandate: Why The Mandate Does Not Satisfy Rfra's Requirements, Jonathan T. Tan
University of Richmond Law Review
No abstract provided.
Environmental Regulation And The Doctrine Of Scientific Uncertainty: A Case Study Of The Epa's Cancellation Of 2, 4, 5-T, Wendy Wagner
Environmental Regulation And The Doctrine Of Scientific Uncertainty: A Case Study Of The Epa's Cancellation Of 2, 4, 5-T, Wendy Wagner
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Disadvantages To Turkey’S Eu Accession: Turkish Perspective, Madison Campbell, Elisa Demartino
Disadvantages To Turkey’S Eu Accession: Turkish Perspective, Madison Campbell, Elisa Demartino
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Future Stability In The European Union: Realism, Constructivism, And Institutionalism, Maya Swisa
Future Stability In The European Union: Realism, Constructivism, And Institutionalism, Maya Swisa
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Jlia 2:1
Penn State Journal of Law & International Affairs
There is an ever widening gap between conflict resolution policy makers and scholars—a tragedy given practitioners’ dire need for new ideas to help resolve deadly conflicts and the growing knowledge researchers have to share. Research tends to swing like a pendulum between analytic and rigorous methods and accessible and relevant approaches. We reject this tradeoff. We believe that research can be simultaneously rigorous and relevant, and analytic and accessible. Given the devastating loss of life associated with armed conflict, the need for translating research results into policy prescriptions is especially strong in peacemaking. The goal of this issue of the …
“The Living Are Getting Rarer”: The Causes And Consequences Of The International Trade In White Rhinoceros Horns Under The Convention On International Trade In Endangered Species, Alisha Falberg
Penn State Journal of Law & International Affairs
In 2012, more than 400 South African white rhinoceros were poached and killed for their horns. The horns, used in ancient Asian medicines, are falsely believed to cure diseases. They are currently worth thousands of dollars on the black market because the white rhinoceros is an endangered species and the trade in its horns is strictly regulated under the United Nations Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).The two countries at the center of this crisis are South Africa, where the majority of the world’s white rhinoceros live and are being poached, and Vietnam, …
Consequences Of The Arab Spring: How Shari’Ah Law And The Egyptian Revolution Will Impact Ip Protection And Enforcement, Stephen S. Zimowski
Consequences Of The Arab Spring: How Shari’Ah Law And The Egyptian Revolution Will Impact Ip Protection And Enforcement, Stephen S. Zimowski
Penn State Journal of Law & International Affairs
Egypt’s recent revolution sent shockwaves through the international community, and almost immediately political pundits began to ponder its effect on Middle Eastern stability. To date, post-revolution Egypt has struggled to regain its political stability and implement the democratic government its citizens demand. The eventual nature of the new Egyptian government will have a substantial impact not only on the region’s stability but also on international trade. As such, this comment will examine the likely impact of a new Egyptian regime on intellectual property rights and protections in Egypt. The comment explores the role of Shari’ah Law in lawmaking and Shari’ah …
We Can Work It Out: Putting Our Best Foot Forward In International Higher Education Initiatives, Julie Rowland
We Can Work It Out: Putting Our Best Foot Forward In International Higher Education Initiatives, Julie Rowland
Penn State Journal of Law & International Affairs
A global economy requires globally competitive workers and global citizens.This need has generated supranational higher education initiatives through organizations such as the European Union and the Asia-Pacific Economic Cooperation. These initiatives promote student mobility across borders by harmonizing higher education systems between member nations. To demonstrate how the U.S. can become more involved in international higher education initiatives, this comment will first give an overview of the history of these initiatives globally. The comment explores the legal and soft governance mechanisms involved in international initiatives and the feasibility of their application to the U.S. A description of the structures of …
2012-13 Jlia Masthead, Jlia Masthead
2012-13 Jlia Masthead, Jlia Masthead
Penn State Journal of Law & International Affairs
No abstract provided.
Mediation – Its Potential And Its Limits: Developing An Effective Discourse On The Research And Practice Of Peacemaking, Dennis C. Jett
Mediation – Its Potential And Its Limits: Developing An Effective Discourse On The Research And Practice Of Peacemaking, Dennis C. Jett
Penn State Journal of Law & International Affairs
This article looks at the various contributions to this issue of the Penn State Journal of Law & International Affairs. The contributors have analyzed the potential and limits of mediation, but have focused on a number of different aspects of that process. The analytic research relevant to conflict situations will be most useful, however, if the recommendations offered for how to bring conflicts to an end can actually be of use to practitioners in the field. The approach of this article is therefore to consider how policymakers might employ these recommendations as they pursue the goal of peace. It …
Ethnic Conflict: An Organizational Perspective, Victor Asal, Jonathan Wilkenfeld
Ethnic Conflict: An Organizational Perspective, Victor Asal, Jonathan Wilkenfeld
Penn State Journal of Law & International Affairs
To talk about the behavior of others is to generalize especially if that behavior is perceived to be negative. As researchers who have studied ethnic discrimination and ethnic conflict for close to two decades, we have noticed, anecdotally at least, that this penchant for generalization is rampant in discussions of ethnic politics. Journalists and academics tend to talk about one or another ethnic group’s involvement in violence without specifying a political organizational agent. This kind of generalization is a serious obstacle to understanding conflicts and identifying solutions because it prevents policymakers and academics from getting at the messy reality of …
When States Mediate, Molly M. Melin
When States Mediate, Molly M. Melin
Penn State Journal of Law & International Affairs
Militarized conflict is one of the most devastating of all human activities. The international community’s response to conflict occurrence can significantly affect the number of casualties, the extent of resulting devastation and even the outcome of the conflict. State responses range from conflict management, whereby third parties actively engage in resolving the conflict; joining, whereby states become an additional disputant; or remaining uninvolved. One of the most common active third-party responses is to act as a mediator, a role using consensual, nonbinding and nonviolent means of conflict management and resolution. This paper explores the policy of state-led mediation, its strengths …
The Politics Of International Arbitration And Adjudication, Stephen E. Gent
The Politics Of International Arbitration And Adjudication, Stephen E. Gent
Penn State Journal of Law & International Affairs
Arbitration and adjudication have proven to be effective means of producing long-lasting settlements on contentious issues, but states are generally reluctant to use such legal forms of dispute resolution, especially in resolving issues of national security. To understand when policymakers can and should promote the use of legal mechanisms, they need to understand the political reasons behind the reluctance of states to use these forums. This essay identifies five factors that significantly influence the willingness of states to relinquish decision control and pursue arbitration or adjudication: third-party bias, salience, uncertainty, bargaining power, and armed conflict. To promote the use of …
Using The Right Tool For The Job: Mediator Leverage And Conflict Resolution, Kyle Beardsley
Using The Right Tool For The Job: Mediator Leverage And Conflict Resolution, Kyle Beardsley
Penn State Journal of Law & International Affairs
In international dispute mediation, a one-size-fits-all view of mediation may actually inhibit effective conflict resolution. Mediators must especially tailor the level of leverage to the needs of the situation. This essay first considers existing studies that have found both potential benefits and risks of heavy-handed third-party involvement as a conflict-management strategy. It then considers a few illustrative cases to demonstrate the importance of making sure that the tools of mediation fit the context. Finally, it concludes with a discussion of how sustained post-conflict peacekeeping and peacebuilding can reduce the risks of leverage in mediation.
Intractable Syria? Insights From The Scholarly Literature On The Failure Of Mediation, J. Michael Greig
Intractable Syria? Insights From The Scholarly Literature On The Failure Of Mediation, J. Michael Greig
Penn State Journal of Law & International Affairs
The conflict in Syria has been ongoing since March 2011, but to date has resisted third-party diplomatic efforts. This failure of mediation is despite the fact that numerous actors in the international system have interests both in Syria and the Middle East at large. The human toll of the conflict, which has produced large numbers of civilian casualties and considerable human suffering, creates even deeper urgency for effective conflict management in Syria. In this paper, I apply insights drawn from the scholarly literature on conflict management and civil wars to the Syrian conflict to explain why mediation efforts have thus …
Who Should Be At The Table?: Veto Players And Peace Processes In Civil War, David E. Cunningham
Who Should Be At The Table?: Veto Players And Peace Processes In Civil War, David E. Cunningham
Penn State Journal of Law & International Affairs
Civil wars contain a set of actors that have the ability to block settlement and continue the war on their own. When they contain more “veto players,” conflicts are much longer and negotiations are more likely to break down. The rate of success of international efforts to resolve multi-party civil wars is much lower than when there is only one rebel group fighting the government. This article discusses implications for peacemakers designing responses to conflicts with multiple veto players. Negotiations in these conflicts are most likely to lead to a peace agreement that successfully ends the war if they include …
Deceptive Results: Why Mediation Appears To Fail But Actually Succeeds, Scott Sigmund Gartner
Deceptive Results: Why Mediation Appears To Fail But Actually Succeeds, Scott Sigmund Gartner
Penn State Journal of Law & International Affairs
International disputes receiving third-party mediation are less likely to result in peace treaties than those negotiated bilaterally between the disputants. When belligerents do settle, mediated agreements are more likely to fail. Is mediation detrimental to conflict resolution? No. Third-party mediation represents a highly effective, but costly, means of peacemaking. Disputants recognize its costs and only employ mediation when they are unable to resolve a conflict between themselves, creating a “selection effect.” As a result, mediators are selected for the toughest cases – those least likely to end peacefully and mostly likely to result in fragile agreements. When the difficulty of …
Research On Bias In Mediation: Policy Implications, Isak Svensson
Research On Bias In Mediation: Policy Implications, Isak Svensson
Penn State Journal of Law & International Affairs
One of the most important and disputed questions within the field of international mediation concerns the issue of bias. The question of bias cuts to the core of what mediation is and the ways in which mediators can help the parties reach peace. Focusing on research on the role of neutrality and bias in international peace diplomacy in civil wars, this article draws out the policy implications of my own empirically-based work on the role of bias in the mediation of internal armed conflicts. This article suggests that neutrality should not be part of the definition of mediators, …
The Lack Of Coordination In Diplomatic Peacemaking, Birger Heldt
The Lack Of Coordination In Diplomatic Peacemaking, Birger Heldt
Penn State Journal of Law & International Affairs
The increased number of peacemaking actors during the past twenty years is accompanied by an increased amount of peacemaking, but also a low success rate. This article focuses on recent emerging conflicts. It finds that peacemaking is prevalent, but is often not coordinated with regard to choice of tools (mediation, arbitration, etc.), or the agenda or the issues of the talks. This lack of coordination has for many years been recognized as detrimental and may partly explain the low success rate. The article suggests that policymakers need to have a long-term strategy to address the coordination problem, part of which …
Foreword, I. William Zartman
Foreword, I. William Zartman
Penn State Journal of Law & International Affairs
No abstract provided.
Translating Scholarship Into Policy, Scott Sigmund Gartner, Amy C. Gaudion
Translating Scholarship Into Policy, Scott Sigmund Gartner, Amy C. Gaudion
Penn State Journal of Law & International Affairs
There is an ever widening gap between conflict resolution policy makers and scholars—a tragedy given practitioners’ dire need for new ideas to help resolve deadly conflicts and the growing knowledge researchers have to share. Research tends to swing like a pendulum between analytic and rigorous methods and accessible and relevant approaches. We reject this tradeoff. We believe that research can be simultaneously rigorous and relevant, and analytic and accessible. Given the devastating loss of life associated with armed conflict, the need for translating research results into policy prescriptions is especially strong in peacemaking. The goal of this issue of the …
Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia
Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia
Touro Law Review
This Article provides an overview of the current arguments presented by advocates who seek to establish a right to counsel for indigent tenants in eviction proceedings and assesses the strength of those arguments in the current political, social, and economic milieu. It is beyond question that the overwhelming majority of low-income tenants are unrepresented in proceedings in which their homes are in jeopardy and having counsel in such proceedings often prevents eviction and homelessness. Preventing those evictions reduces the human cost of homelessness, saves government substantial money by not having to provide shelter to the homeless, and preserves the stock …
Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson
Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.