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Articles 1 - 30 of 31
Full-Text Articles in Law
Guilty As Charged: Malcolm X And His Vision Of Racial Justice For African Americans Through Utilization Of The United Nations International Human Rights Provisions And Institutions, Charles Lewis Nier Iii
Guilty As Charged: Malcolm X And His Vision Of Racial Justice For African Americans Through Utilization Of The United Nations International Human Rights Provisions And Institutions, Charles Lewis Nier Iii
Penn State International Law Review
No abstract provided.
Women's Rights And International Dialogue, Maria De Los Angelos Moreno
Women's Rights And International Dialogue, Maria De Los Angelos Moreno
Penn State International Law Review
No abstract provided.
Dangerous Offender Legislation: A Short Term Solution To A Long Term Problem, Amy M. Lageman
Dangerous Offender Legislation: A Short Term Solution To A Long Term Problem, Amy M. Lageman
Penn State International Law Review
No abstract provided.
Gambling To Be Competitive: The Gorton Amendment And International Law, Brian C. O'Donnell
Gambling To Be Competitive: The Gorton Amendment And International Law, Brian C. O'Donnell
Penn State International Law Review
No abstract provided.
Terror At The Emperor's Birthday Party: An Analysis Of The Hostage-Taking Incident At The Japanese Embassy In Lima, Peru, Dr. Ranee K.L. Panjabi
Terror At The Emperor's Birthday Party: An Analysis Of The Hostage-Taking Incident At The Japanese Embassy In Lima, Peru, Dr. Ranee K.L. Panjabi
Penn State International Law Review
No abstract provided.
Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont
Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont
Penn State International Law Review
No abstract provided.
Illicit Arms Trafficking, Corruption, And Governance In The Caribbean, Ivelaw L. Griffith
Illicit Arms Trafficking, Corruption, And Governance In The Caribbean, Ivelaw L. Griffith
Penn State International Law Review
No abstract provided.
Drugs And Corruption In Latin America, Olukonyinsola Ajayi
Drugs And Corruption In Latin America, Olukonyinsola Ajayi
Penn State International Law Review
No abstract provided.
Protecting The Golden Goose: Canadian Union Security Agreements And Competitiveness In The Age Of Nafta, John H. Taylor Iii
Protecting The Golden Goose: Canadian Union Security Agreements And Competitiveness In The Age Of Nafta, John H. Taylor Iii
Penn State International Law Review
No abstract provided.
On The Trail Of A Spectre-Destabilisation Of Developing And Transitional Economics: A Case Study Of Corruption In Nigeria, Ryan James
Penn State International Law Review
No abstract provided.
Computer Software & Copyright Law: The Growth Of Intellectual Property Rights In Germany, Geoffrey S. Kercsmar
Computer Software & Copyright Law: The Growth Of Intellectual Property Rights In Germany, Geoffrey S. Kercsmar
Penn State International Law Review
No abstract provided.
The Internet In China: Embarking On The "Information Superhighway" With One Hand On The Wheel And The Other Hand On The Plug
Penn State International Law Review
No abstract provided.
The Foreign Corrupt Practices Act Within The American Response To Domestic Corruption, Henry H. Rossbacher, Tracy W. Young
The Foreign Corrupt Practices Act Within The American Response To Domestic Corruption, Henry H. Rossbacher, Tracy W. Young
Penn State International Law Review
No abstract provided.
Corruption-A General Review With An Emphasis On The Role Of The World Bank, Ibrahim F.I. Shihata
Corruption-A General Review With An Emphasis On The Role Of The World Bank, Ibrahim F.I. Shihata
Penn State International Law Review
No abstract provided.
The Latent Efficiency Of Fraudulent Transfer Law, Marie T. Reilly
The Latent Efficiency Of Fraudulent Transfer Law, Marie T. Reilly
Journal Articles
A creditor holding a claim against a debtor typically holds the right, subject to the debtor's default, to obtain a judgment against the debtor, liquidate the debtor's assets, and apply the proceeds against his claim. If the debtor's assets are insufficient to satisfy the creditor's claim, the creditor is usually, but not always, out of luck. Under limited circumstances, a creditor can reach property the debtor transferred to a third party and apply the value of such property to satisfy his claim. The creditor can undo the transfer and obtain the property or its value from the transferee as though …
Congruence Principle Applied: Rethinking Equal Protection Review Of Federal Alienage Classifications After Adanrand Constructors, Inc. V. Peña, Victor C. Romero
Congruence Principle Applied: Rethinking Equal Protection Review Of Federal Alienage Classifications After Adanrand Constructors, Inc. V. Peña, Victor C. Romero
Journal Articles
This article suggests that the Supreme Court's 1995 decision in Adarand Constructors, Inc. v. Peña constitutes a starting point for a renewed dialogue on the intersection of race, noncitizens' rights, and immigration law.
Part I of this Article examines the historical foundations of the plenary power doctrine up to the current dichotomy between judicial review of state and federal alienage classifications under equal protection. Part II reviews the Adarand decision, arguing that Justice O'Connor's congruence principle provides the bulwark for a revision of judicial review of federal legislation, especially in light of the historical and continuing perception of Asian- and …
Altering The Balance Between State Sovereignty And Competition: The Impact Of Seminole Tribe On The Antitrust State Action Immunity Doctrine, Susan Beth Farmer
Altering The Balance Between State Sovereignty And Competition: The Impact Of Seminole Tribe On The Antitrust State Action Immunity Doctrine, Susan Beth Farmer
Journal Articles
In the post-Seminole Tribe world, the legal analysis in situations where states have chosen regulation over competition, supplanting the free functioning of markets, will diverge depending upon the identity of the defendant. If a state, its agencies, or departments are the named defendants, the broader Eleventh Amendment analysis controls and claims for damages against government entities must be dismissed on the ground of sovereign immunity. If the defendant is a private firm, the narrower State Action Doctrine, which has been crafted to balance true exercise of state sovereignty against the goal of competition, provides immunity for private defendants. As …
Equal Protection Held Hostage: Ransoming The Constitutionality Of The Hostage Taking Act, Victor C. Romero
Equal Protection Held Hostage: Ransoming The Constitutionality Of The Hostage Taking Act, Victor C. Romero
Journal Articles
This Article contends that, following the Supreme Court's lead in Adarand Constructors, Inc. v. Peña and City of Cleburne v. Cleburne Living Centers, Inc., the continuing maltreatment of noncitizens in this country requires that federal alienage classifications be reviewed with the same strict, or at least heightened rational basis, scrutiny applied to state legislation.
Part II of this Article describes the 1979 Hostage Taking Convention and sets forth some of its provisions in an effort to better understand the impetus for the HTA. Part III examines the legislative history of the HTA and briefly describes the Yunis case as …
Romanian Bankruptcy Law: A Central European Example, Samuel Bufford
Romanian Bankruptcy Law: A Central European Example, Samuel Bufford
Journal Articles
Romania now has one of the best-drafted bankruptcy laws in Central and Eastern Europe. The new Romanian bankruptcy law went into effect on August 26, 1995 and replaced the previous bankruptcy provisions in §695-987 of the Romanian Commercial Code, which was translated from the Italian Commercial Code of 1884 and enacted in 1887. While the commercial code fell into disuse during the Communist era, it was never repealed. After the Romanian revolution and the demise of Nicolae Ceauşescu at the end of 1989, the commercial code as well as the civil code remained good law and needed only to be …
Balancing State Sovereignty And Competition: An Analysis Of The Impact Of Seminole Tribe On The Antitrust State Action Immunity Doctrine, Susan Beth Farmer
Balancing State Sovereignty And Competition: An Analysis Of The Impact Of Seminole Tribe On The Antitrust State Action Immunity Doctrine, Susan Beth Farmer
Journal Articles
The great impact of the Seminole Tribe v. Florida decision will likely be felt in the range of federal causes of action that have exclusive remedies in federal court. Antitrust cases are among such causes of action. In seeking to avoid antitrust liability, defendants have invoked the protections of the antitrust state action doctrine, which immunizes only that anticompetitive activity imposed and supervised by states. This immunity bars suits against state and private actors alike. After Seminole Tribe, state defendants will escape all antitrust liability, whether or not the traditional requirements of the state action doctrine have been met. …
The Buck Does Not Stop Here: Supervisory Liability In Section 1983 Cases, Kit Kinports
The Buck Does Not Stop Here: Supervisory Liability In Section 1983 Cases, Kit Kinports
Journal Articles
The appropriate standard for supervisory liability in Section 1983 cases has been a source of considerable disagreement among federal courts of appeals. In the absence of established Supreme Court authority on the subject, courts have rejected vicarious and negligence liability in favor of a higher culpability requirement, but they have not agreed on precisely what form this higher standard should take. In this article, the Author addresses the need for a uniform standard consistent with the statute's twin goals of compensating the victims of constitutional violations and deterring constitutional infractions.
The author notes at the outset that lower courts have …
The Misunderstood Alliance Between Sports Fans, Players, And The Antitrust Laws, Stephen F. Ross
The Misunderstood Alliance Between Sports Fans, Players, And The Antitrust Laws, Stephen F. Ross
Journal Articles
The baseball strike and the ongoing hostilities between the players' association and owners have evoked criticism and frustration among fans and others. Although the players successfully defeated the owners' most recent attempts to reduce major league competition, the threat of future imposition of competitive restraints by the owners remains. In this article Professor Stephen F. Ross argues that blanket restraints on the market for players affirmatively inhibit on-the-field competition and consequently offend the Sherman Act.
The article begins with the proposition that monopsony - price-fixing behavior by buyers', rather than sellers' cartels - implicates the Sherman Act. Restraints on competition …
The Role Of Arbitration In Resolving Transnational Disputes: A Survey Of Trends In The People’S Republic Of China, Catherine A. Rogers, Frederick Brown
The Role Of Arbitration In Resolving Transnational Disputes: A Survey Of Trends In The People’S Republic Of China, Catherine A. Rogers, Frederick Brown
Journal Articles
The purpose of this Essay is to provide investors and practitioners with a realistic overview of the strengths and limitations of international arbitration in China. Part I of this Essay provides some general comments about the economic, social, and cultural reasons why arbitration is a popular choice among both international investors and Chinese nationals. Part I concludes that arbitration can only provide a partial solution to the ills of China’s legal system. Part II examines how the observations in Part I manifest themselves in recent developments affecting arbitration in China. Part III examines the range of efforts by foreign investors …
Introduction To This Symposium And A Guide To Issues In Mergers And Acquisitions, Samuel C. Thompson Jr.
Introduction To This Symposium And A Guide To Issues In Mergers And Acquisitions, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
New Conventions On Extradition In The European Union: Analysis And Evaluation, G. Vermeulen, T. Vander Beken
New Conventions On Extradition In The European Union: Analysis And Evaluation, G. Vermeulen, T. Vander Beken
Penn State International Law Review
No abstract provided.
The Political Offence Exception And Terrorism: Its Place In The Current Extradition Scheme And Proposals For Its Future, R. Stuart Phillips
The Political Offence Exception And Terrorism: Its Place In The Current Extradition Scheme And Proposals For Its Future, R. Stuart Phillips
Penn State International Law Review
No abstract provided.
The Crucifix Case: Germany's Everson V. Board Of Education?, Lark E. Alloway
The Crucifix Case: Germany's Everson V. Board Of Education?, Lark E. Alloway
Penn State International Law Review
No abstract provided.
After The "Peace Process:" Israel, Palestine, And Regional Nuclear War, Louis Rene Beres
After The "Peace Process:" Israel, Palestine, And Regional Nuclear War, Louis Rene Beres
Penn State International Law Review
No abstract provided.
United States Extradition Process: Changes In Law To Address Constitutional Infirmity, Benjamin N. Bedrick
United States Extradition Process: Changes In Law To Address Constitutional Infirmity, Benjamin N. Bedrick
Penn State International Law Review
No abstract provided.