Law Commons^™

On The Systemic Importance Of Digital Platforms, Lindsay Sain Jones, Tim R. Samples

University of Pennsylvania Journal of Business Law

No abstract provided.

Transaction Costs In Common Ownership, Kenneth Khoo

University of Pennsylvania Journal of Business Law

No abstract provided.

A Comprehensive Approach To Crypto Regulation, Brett Hemenway Falk, Sarah Hammer

University of Pennsylvania Journal of Business Law

No abstract provided.

Exploiting Seabed Law, Stephen Cody, Jeffrey Feldmann

University of Pennsylvania Journal of International Law

Private companies and sovereign States have begun mining the deep sea for polymetallic nodules that contain precious minerals, including cobalt, nickel, copper, and magnesium. In 2021, the small island nation of Nauru triggered a procedural “two-year rule” that requires the International Seabed Authority (ISA) to finalize regulations for deep sea mining (DSM) or consider the provisional approval of commercial exploitation applications. This two-year deadline passed in July 2023 without any resolution. ISA Members States continue to debate a precautionary moratorium on deep sea mining operations in light of inadequate scientific and environmental information about deep sea ecosystems. Meanwhile, advocates argue …

Legal Gender Recognition In Nepal And Comparative Context, Holning Lau, Mara Malagodi

University of Pennsylvania Journal of International Law

The Supreme Court of Nepal was a groundbreaker when it ruled in Pant v. Nepal (2007) that people have the right to change their gender on identity documents based on “self-feelings” and “self-determination” as opposed to medical or other criteria. At the time, no other national apex court or national government had so clearly prioritized self-determination as the guiding principle for resolving matters concerning gender identity. The decision in Pant, however, focused on people of “third gender,” in other words people who identify as neither male nor female. Now, the Supreme Court of Nepal is considering the case of a …

Climate Neutrality And Sustainability In International Trade, Rafael Leal-Arcas, Luis Ulloa Martinez, Victory Abang, Krishma Kapur, Saffron Greenwood, Konstantinos Chatzopoulos, Archana Nair, Lisa Schoettmer

University of Pennsylvania Journal of International Law

No abstract provided.

Judging China: The Chinese Legal System In U.S. Courts, Donald Clarke

University of Pennsylvania Journal of International Law

No abstract provided.

Trademark Restrictions As Instruments Of Public Health Retrenchment, Patricia L. Judd

University of Pennsylvania Journal of International Law

No abstract provided.

Post-Pandemic Constitutionalism: Covid-19 As A Game-Changer For “Common Principles”?, Arianna Vedaschi, Chiara Graziani

University of Pennsylvania Journal of International Law

No abstract provided.

Lay Bare Its Hidden Frame: The Deprivation Of Foreign Isis Fighter's Citizenship In Denmark, The Netherlands, And The United Kingdom, Helena Von Nagy

University of Pennsylvania Journal of International Law

With the rise of ISIS came the return of banishment. Ministers for security, immigration, or justice in many European countries now may revoke individuals’ citizenships based on the suspicion of their involvement with ISIS. Despite the universality of human rights, citizenship plays a fundamental role in international human rights law and protections. It is the key legal connection between the individual and the human rights system. Appropriately, that human rights law protects against the arbitrary deprivation of citizenship. However, those same treaties empower States with the option to remove individuals’ citizenship if they act in ways prejudicial to the interests …

Economic Inequality In The Age Of Human Rights, Daniel Benoliel

University of Pennsylvania Journal of International Law

The monstrous pendulum of inequality in the twenty-first century swings sideways amid welfare economics and egalitarianism. Horizontal inequalities embodied by pro-poor policy on grounds such as gender, race, and disability, have long been core international human rights concerns. Yet, gross inequalities in economic status, nationally and globally, are still poorly conceptualized by legal scholars, policymakers, and practitioners.

In search of a policy lever, this article argues that as far as economic theory goes, neither theoretical nor empirical economic research adequately correlates economic inequalities and growth. That is, beyond horizontal inequalities concerning the extreme poor. As economic research remains inept in …

Sanctions, Nukes And Juche: Franchising In North Korea, Robert W. Emerson, Jason R. Parnell

University of Pennsylvania Journal of International Law

No abstract provided.

Getting Involved In The Technology Sector: The Role Of Sovereign Wealth Funds And Their Challenges To International Economic Governance, Mengjing Kong

University of Pennsylvania Journal of International Law

No abstract provided.

From Global Databases To Global Norms? The Case Of Cultural Property Law, Amnon Lehavi

University of Pennsylvania Journal of International Law

No abstract provided.

Debt Textualism And Creditor-On-Creditor Violence: A Modest Plea To Keep The Faith, Eric Talley, Sneha Pandya

University of Pennsylvania Law Review

No abstract provided.

Peaceful Purposes Reservations In The Law Of The Sea Convention And The Regulation Of Military Exercises Or Maneuvers In The Exclusive Economic Zone, Henrique Marcos, Eduardo Cavalcanti De Mello Filho

University of Pennsylvania Journal of International Law

No abstract provided.

Legal Systems Inside Out: American Legal Exceptionalism And China’S Dream Of Legal Cosmopolitanism, Matthew S. Erie

University of Pennsylvania Journal of International Law

No abstract provided.

Rethinking Ocean Exclusivity: The Case Of Human Rights, Naama Omri, Gershon Hasin

University of Pennsylvania Journal of International Law

No abstract provided.

The International Norm Against Unjust Enrichment And State Enrichment Through The Harmful Conduct Of Private Parties, Ariel Zemach

University of Pennsylvania Journal of International Law

States are often enriched by the flow to their coffers of wealth accrued to private actors through internationally harmful conduct such as overfishing, acts causing transboundary air or marine pollution, cyber attacks, and international corruption. A portion of the wealth acquired by private actors through such conduct is often passed on to the State through its tax system. This article argues that this form of income to the State triggers the application of the international norm against unjust enrichment. Under the international law of unjust enrichment, such income could give rise to a duty of restitution owed by the enriched …

Relational Human Rights Responsibility, Joyce De Coninck

University of Pennsylvania Journal of International Law

When a private corporation cooperates with States as well as international organizations, and conduct stemming from this cooperation results in international human rights violations, who can be held legally responsible?

This Article dissects systemic deficiencies in the traditionally state-centric human rights regime and challenges its inadequacies when dealing with contemporary forms of transnational cooperative governance. Transnational cooperative governance refers to modes of cooperation in which States, and different non- State actors work together in addressing transnational concerns that cannot be adequately regulated by any one of these actors alone.

Using border management cooperation between HawkEye 360, the European Union, and …

(Re)Constructing An International Crime: Interpreting Sexual Victimhood In The Rohingya Genocide And Beyond, David Eichert

University of Pennsylvania Journal of International Law

This Article argues that legal actors use narratives of gendered violence to generate intelligible victimhood categories when investigating and prosecuting sexual harm. Building upon several critical legal traditions, I argue that lawyers working on issues of sexual violence are constantly engaged in a dual process of interpretation wherein they attempt to confirm (1) if a sexual crime has occurred, and (2) whether the crime is severe enough to deserve inclusion in justice efforts. Instead of understanding this process as a simple “investigation” into a pre-existing reality, I argue that legal actors constitute both the crime and the identities of the …

Navigating A Human Rights Roadblock: Making The Case For The Women's Equality Act, Mostafa El-Harazi

University of Pennsylvania Journal of International Law

The fight to protect women’s rights is critical now more than ever. The World Bank has noted that women throughout the world “have only three quarters of the legal rights afforded to men.”1 On the domestic front in the United States, the battleground remains fraught with blows to the women’s rights movement, especially on the heels of the COVID-19 pandemic and the rollback of reproductive rights. Statements made by the Biden Administration in support of global women’s rights, for example, have been met with inadequate action on the legislative front; the most pertinent standstill has come from the fight over …

Abstaining From Abstention: Why Younger Abstention Does Not Apply In 42 U.S.C. § 1983 Bail Litigation, Alezeh Rauf

University of Pennsylvania Law Review

No abstract provided.

Efficacious Answers To The Non-Pro Rata Workout, Vincent Buccola

University of Pennsylvania Law Review

No abstract provided.

The Conflict Among African American Penal Interests: Rethinking Racial Equity In Criminal Procedure, Trevor G. Gardner

University of Pennsylvania Law Review

No abstract provided.

End To "Unincorporated Territory": The Pseudonym For Puerto Rico's Second-Class Citizenship, Carolina Tirú Vega

University of Pennsylvania Law Review

No abstract provided.

Status-Based Prosecution: Conflict, Confusion And The Quest For Coherence, John K. Cornwell

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Constitutional Backfires Everywhere, Sarah L. Swan

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Education For Learners With Disabilities As A Social Right, Dimitris Anastasiou, Ilias Bantekas

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Challenging The Constitutionality Of Qualified Immunity, Taylor Kordsiemon

University of Pennsylvania Journal of Constitutional Law

No abstract provided.