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Journal

Law and Politics

2013

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Articles 1 - 30 of 127

Full-Text Articles in Law

Crowdfunding For Biotechs: How The Sec’S Proposed Rule May Undermine Capital Formation For Startups, Brian J. Farnkoff Dec 2013

Crowdfunding For Biotechs: How The Sec’S Proposed Rule May Undermine Capital Formation For Startups, Brian J. Farnkoff

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


Symposium - The U.S.-Iranian Relationship And The Future Of International Order Nov 2013

Symposium - The U.S.-Iranian Relationship And The Future Of International Order

Penn State Journal of Law & International Affairs

No abstract provided.


2012-13 Jlia Masthead Nov 2013

2012-13 Jlia Masthead

Penn State Journal of Law & International Affairs

No abstract provided.


Protecting Shareholders From Themselves: How The United Kingdom’S 2011 Takeover Code Amendments Hit Their Mark, Matthew Peetz Nov 2013

Protecting Shareholders From Themselves: How The United Kingdom’S 2011 Takeover Code Amendments Hit Their Mark, Matthew Peetz

Penn State Journal of Law & International Affairs

Kraft’s takeover of Cadbury in 2011 caused considerable uproar in the United Kingdom. The political outcry caused significant amendments to the United Kingdom’s regulatory framework over mergers and acquisitions, the so-called, Takeover Code. These changes to the Takeover Code were made to help relieve pressure on target companies during takeover situations, and to correct the imbalance of power in favor of bidding companies that the political community had perceived during the Kraft-Cadbury takeover. After the changes were made, but before they were implemented, the business community expressed concern that these added regulations would be detrimental to the M&A market as …


The Case Of Christmas Island: How International Law Affects The Australian-Malaysian Refugee Deal, Ria Pereira Nov 2013

The Case Of Christmas Island: How International Law Affects The Australian-Malaysian Refugee Deal, Ria Pereira

Penn State Journal of Law & International Affairs

In July 2011, Australia and Malaysia entered into an arrangement in which Australian asylum seekers would be removed to neighboring Malaysia to have their asylum claims processed. Following widespread criticism in the media, Australia’s High Court ruled that such a deal violated Australia’s refuges protection laws. While this ruling should have put an end to the deal, Australia’s Immigration Minister indicated that the agreement might nevertheless be feasible. Policy makers proposed amending Australian domestic immigration laws to allow the deal to go forward unencumbered. A bill to amend Australia’s Migration Act was subsequently introduced. As it currently stands, Australian law …


The Cost Of Fear: An Analysis Of Sex Offender Registration, Community Notification, And Civil Commitment Laws In The United States And The United Kingdom, Kate Hynes Nov 2013

The Cost Of Fear: An Analysis Of Sex Offender Registration, Community Notification, And Civil Commitment Laws In The United States And The United Kingdom, Kate Hynes

Penn State Journal of Law & International Affairs

Sex offenders are often seen as a notorious group in both the United States and the United Kingdom. The public opinion of the masses has often found its way into the laws which restrict the privacy and freedoms of many sex offenders. This comment will examine the often divergent trends in lawmaking and judicial authority in both countries in regard to sex offender registration, community notification, and civil commitment. Further, the comment will study the lasting effects on the sex offender population and potential civil rights implications.


How Precipitous A Decline? U.S.-Iranian Relations And The Transition From American Primacy, Hillary Mann Leverett Nov 2013

How Precipitous A Decline? U.S.-Iranian Relations And The Transition From American Primacy, Hillary Mann Leverett

Penn State Journal of Law & International Affairs

This essay is grounded in two basic propositions. The first is that the greatest strategic challenge facing the United States is extricating its foreign policy from a well-worn but deeply counterproductive quest for hegemonic dominance in critical areas of the world, especially the Middle East. The second is that Washington’s handling of its relations with the Islamic Republic of Iran constitutes a crucial test of America’s capacity to put its foreign policy on a more productive and realistic trajectory. Since the Islamic Republic’s founding in 1979, Washington has refused to understand and accept the basic model underlying its political order—the …


The Prohibition On The Use Of Force For Arms Control: The Case Of Iran’S Nuclear Program, Mary Ellen O'Connell, Reyam El Molla Nov 2013

The Prohibition On The Use Of Force For Arms Control: The Case Of Iran’S Nuclear Program, Mary Ellen O'Connell, Reyam El Molla

Penn State Journal of Law & International Affairs

International law does not permit the use of military force against Iran to attempt to end its nuclear program. The resort to military force in international relations is covered first and foremost by Article 2(4) of the United Nations Charter. Article 2(4) is a general prohibition on resort to force that includes resort to military force for arms control, including nuclear weapons control. The Charter has two express but limited exceptions to the ban on military force. A state that is the victim of a significant armed attack may use force in necessary and proportional self-defense; the United Nations Security …


Caroline Revisited: An Imagined Exchange Between John Kerry And Mohammad Javad Zarif, James W. Houck Nov 2013

Caroline Revisited: An Imagined Exchange Between John Kerry And Mohammad Javad Zarif, James W. Houck

Penn State Journal of Law & International Affairs

In 1837, sailors of Great Britain's Royal Navy sank the American ship the Caroline over Niagra Falls. Great Britain justified the incident the preemptive strike as an act of self-defense. Diplomats of the two nations negotiated a legal framework to guide future preemptive uses of force. In the face of twenty-first century nuclear weapons, however, the Caroline framework seems outdated and impractical. To date, Iran continues to develop their nuclear program, while refusing international inspectors full access to their centrifuges. The United States is committed to keeping a nuclear weapon out of Iran's hands. The United States and Iran …


Iran's Nuclear Program And International Law, Daniel H. Joyner Nov 2013

Iran's Nuclear Program And International Law, Daniel H. Joyner

Penn State Journal of Law & International Affairs

In this article, Professor Daniel Joyner analyzes the legal arguments on both sides of the Iran nuclear issue. The article address what the sides regard as the relevant sources of international nuclear law, and their respective interpretations of these sources law. Professor Joyner argues that Iran’s case illustrates warped and incorrect legal interpretations of the Nuclear Nonproliferation Treaty and other sources of law, and a prejudicial and inconsistent application of the law by the West and by the International Atomic Energy Agency. The article posits that this warped interpretation of NPT obligations has led to a bleak future for the …


Npt: A Pillar Of Global Governance, Richard Butler Nov 2013

Npt: A Pillar Of Global Governance, Richard Butler

Penn State Journal of Law & International Affairs

The NPT is regarded as the cornerstone of nuclear arms control. It is the sole, widely agreed commitment in international law, to a world free of nuclear weapons. This fact and its operational mechanisms, establish NPT as a pillar of global governance. Any breakout from it, such as the development of nuclear weapons by Iran, a non-nuclear weapons state party to NPT, would jeopardize the future of the treaty and deeply harm the structure of contemporary global governance. If it chooses to do so, Iran cannot be prevented from taking such action by threatening it with the use of force, …


The Iranian Nuclear Issue, The End Of The American Century, And The Future Of International Order, Flynt L. Leverett Nov 2013

The Iranian Nuclear Issue, The End Of The American Century, And The Future Of International Order, Flynt L. Leverett

Penn State Journal of Law & International Affairs

How the U.S.-Iranian competition for influence in the Middle East plays out will have profound consequences not just for the Middle East, but also for the legal frameworks, rules-based regimes, and mechanisms of global governance that shape international order in the 21st century. This is particularly true with regard to U.S.-Iranian disagreements over the Islamic Republic’s nuclear activities. Strategic competition between America and Iran and its implications for international order play out against a backdrop of the progressive diminution of U.S. leadership in world affairs. Relative decline challenges the United States to share the prerogatives of global governance, especially …


Foreword, Amy C. Gaudion Nov 2013

Foreword, Amy C. Gaudion

Penn State Journal of Law & International Affairs

No abstract provided.


State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim Nov 2013

State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim

Seattle University Law Review

Since the Citizens United decision in 2010 reduced Congress’s ability to constitutionally regulate money in elections, proponents of campaign finance reform have looked for alternative ways to achieve the goals of greater transparency and reduce the amount of money spent in federal elections. In the three years since Citizens United, the amount of money spent in federal campaigns has increased exponentially. In fact, the total amount of money spent in federal elections has nearly doubled since 2000. Citizens United represents a serious blow to the traditional methods used to restrict the amount of money in politics: limitations on the amounts …


The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali Nov 2013

The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali

Seattle University Law Review

On June 15, 2012, President Obama made an announcement that changed the lives of millions. Effective immediately, the Obama administration would implement a new program—what would come to be known as Deferred Action for Child-hood Arrivals (DACA)—offering eligible undocumented young people both a two-year respite from the haunting possibility of deportation as well as the eligibility to apply for employment authorization. While millions were elated by the President’s announcement, he also faced harsh criticism. Many claimed that his action exceeded federal statutory limits, exceeded his Executive powers, and usurped congressional authority. Still others, anxious to see comprehensive immigration reform implemented, …


The Appointment And Removal Of William J. Marbury And When An Office Vests, Saikrishna Bangalore Prakash Nov 2013

The Appointment And Removal Of William J. Marbury And When An Office Vests, Saikrishna Bangalore Prakash

Notre Dame Law Review

Scholars have ignored the most important question in one of the most famous constitutional law cases, obscuring the machinations that spawned the dispute. This Article sheds light on the events that precipitated Marbury v. Madison and also explains when an appointment vests. Thomas Jefferson famously refused to deliver a commission to William J. Marbury, causing the latter to seek a writ of mandamus from the Supreme Court. The received wisdom supposes that Jefferson’s refusal rested on the grounds that Marbury had not been appointed a justice of the peace precisely because he never had received a commission. In fact, Jefferson’s …


Israel's Constitutional Tragedy, Menachem Lorberbaum Oct 2013

Israel's Constitutional Tragedy, Menachem Lorberbaum

Touro Law Review

No abstract provided.


Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston Oct 2013

Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston

Touro Law Review

No abstract provided.


Friends With Benefits: Measuring Corruption In Politics After Citizens United, Patrick Eoghan Murray Oct 2013

Friends With Benefits: Measuring Corruption In Politics After Citizens United, Patrick Eoghan Murray

North Carolina Central Law Review

No abstract provided.


Democracy And The Right To Vote: Rethinking Democratic Rights Under The Charter, Yasmin Dawood Oct 2013

Democracy And The Right To Vote: Rethinking Democratic Rights Under The Charter, Yasmin Dawood

Osgoode Hall Law Journal

This article addresses the Supreme Court of Canada’s theory of democracy and the right to vote. After setting forth the Court’s general approach to democracy, I develop a new conceptual framework for the Court’s approach to democratic rights. First, I argue that the Court has adopted a “bundle of democratic rights” approach to the right to vote. By this I mean that the Court has interpreted the right to vote as consisting of multiple democratic rights, each of which is concerned with a particular facet of democratic governance. Second, I claim that the democratic rights recognized by the Court are …


Community Of Interest Methodology And Public Testimony, Karin Macdonald, Bruce E. Cain Aug 2013

Community Of Interest Methodology And Public Testimony, Karin Macdonald, Bruce E. Cain

UC Irvine Law Review

No abstract provided.


Redistricting Commissions In The Western United States, Peter Miller, Bernard Grofman Aug 2013

Redistricting Commissions In The Western United States, Peter Miller, Bernard Grofman

UC Irvine Law Review

No abstract provided.


The Consequences Of Consequentialist Criteria, Nicholas O. Stephanopoulos Aug 2013

The Consequences Of Consequentialist Criteria, Nicholas O. Stephanopoulos

UC Irvine Law Review

No abstract provided.


The Federal Election Commission As Regulator: The Changing Evaluations Of Advisory Opinions , Michael M. Franz Aug 2013

The Federal Election Commission As Regulator: The Changing Evaluations Of Advisory Opinions , Michael M. Franz

UC Irvine Law Review

No abstract provided.


Introduction: Foxes, Henhouses, And Commissions: Assessing The Nonpartisan Model In Election Administration, Redistricting, And Campaign Finance, Richard L. Hasen Aug 2013

Introduction: Foxes, Henhouses, And Commissions: Assessing The Nonpartisan Model In Election Administration, Redistricting, And Campaign Finance, Richard L. Hasen

UC Irvine Law Review

No abstract provided.


The Policy Views Of Partisan Election Officials, David C. Kimball, Martha Kropf, Donald Moynihan, Carol L. Silva Aug 2013

The Policy Views Of Partisan Election Officials, David C. Kimball, Martha Kropf, Donald Moynihan, Carol L. Silva

UC Irvine Law Review

No abstract provided.


America’S Top Model: The Wisconsin Government Accountability Board, Daniel P. Tokaji Aug 2013

America’S Top Model: The Wisconsin Government Accountability Board, Daniel P. Tokaji

UC Irvine Law Review

No abstract provided.


Are Ballot Titles Biased? Partisanship In California’S Supervision Of Direct Democracy, Christopher S. Elmendorf, Douglas M. Spencer Aug 2013

Are Ballot Titles Biased? Partisanship In California’S Supervision Of Direct Democracy, Christopher S. Elmendorf, Douglas M. Spencer

UC Irvine Law Review

No abstract provided.


Virtue Over Party: Samuel Randall’S Electoral Heroism And Its Continuing Importance, Edward B. Foley Aug 2013

Virtue Over Party: Samuel Randall’S Electoral Heroism And Its Continuing Importance, Edward B. Foley

UC Irvine Law Review

No abstract provided.


Do State Ethics Commissions Reduce Political Corruption? An Exploratory Investigation, Kayla Crider, Jeffrey Milyo Aug 2013

Do State Ethics Commissions Reduce Political Corruption? An Exploratory Investigation, Kayla Crider, Jeffrey Milyo

UC Irvine Law Review

No abstract provided.