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Articles 1 - 23 of 23
Full-Text Articles in Law
Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero
Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero
Journal Articles
The purpose of this article is to describe the post-9/11 world for noncitizen students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to walk the fine line between providing fair access to postsecondary education to noncitizen students and guarding against the possibility that such institutions are being used as a springboard for terrorist activity.
Critical Race Theory In Three Acts: Racial Profiling, Affirmative Action, And The Diversity Visa Lottery, Victor C. Romero
Critical Race Theory In Three Acts: Racial Profiling, Affirmative Action, And The Diversity Visa Lottery, Victor C. Romero
Journal Articles
The usual debates surrounding multiculturalism pit individual rights against group grievances in a variety of contexts including racial profiling, affirmative action, and the diversity visa lottery, often with seemingly contradictory results. Liberals often favor affirmative action but decry both racial profiling and the diversity visa lottery, while many conservatives hold the opposite view. Critical race theory provides a unique alternative to stock liberal and conservative arguments, allowing one to draw meaningful and persuasive distinctions among these seminal issues surrounding law enforcement, education, and immigration policy.
Proxies For Loyalty In Constitutional Immigration Law: Citizenship And Race After September 11, Victor C. Romero
Proxies For Loyalty In Constitutional Immigration Law: Citizenship And Race After September 11, Victor C. Romero
Journal Articles
The purpose of this article is to share some thoughts about using citizenship and race as proxies for loyalty in constitutional immigration discourse within two contexts: one historical and one current. The current context is the profiling of Muslim and Arab immigrants post-September 11, and the historical context is the distinction the Constitution draws between birthright and naturalized citizens in the Presidential Eligibility Clause.
The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor C. Romero
The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor C. Romero
Journal Articles
Leading civil rights advocates today lament the degree to which current immigration law fails to maintain family unity. The recent passage of the Child Citizenship Act of 2000 is a rare bipartisan step in the right direction because it grants automatic citizenship to foreign-born children of U.S. citizens upon receipt of their permanent resident status and finalization of their adoption. Congress now has before it the Family Reunification Act of 2001, which aims to restore certain procedural safeguards relaxed in 1996 to ensure that foreign-born parents are not summarily separated from their children, many of whom may be U.S. citizens. …
Decoupling 'Terrorist' From 'Immigrant': An Enhanced Role For The Federal Courts Post 9/11, Victor C. Romero
Decoupling 'Terrorist' From 'Immigrant': An Enhanced Role For The Federal Courts Post 9/11, Victor C. Romero
Journal Articles
Since the terrorist attacks of September 11, 2001, Attorney General John Ashcroft has utilized the broad immigration power ceded to him by Congress to ferret out terrorists among noncitizens detained for minor immigration violations. Such a strategy provides the government two options: deport those who are not terrorists, and then prosecute others who are. While certainly efficient, using immigration courts and their less formal due process protections afforded noncitizens should trigger greater oversight and vigilance by the federal courts for at least four reasons: First, while the legitimate goal of immigration law enforcement is deportation, Ashcroft's true objective in targeting …
Devolution And Discrimination, Victor C. Romero
Devolution And Discrimination, Victor C. Romero
Journal Articles
This essay explores the issue of whether discrimination against two historically disadvantaged groups - racial minorities, on the one hand, and gays and lesbians, on the other - might increase or decrease should the federal immigration power devolve to the individual states. I conclude that while the lack of uniformity that accompanies immigration law devolution might lead to undesirable results in welfare reform and criminal law enforcement, and would likely not stem the tide of racism, it might lead to the opening of opportunities for gay Americans to petition their binational partners for immigration benefits. Such a development would turn …
Making Sense Of Successor Liability, Marie T. Reilly
Making Sense Of Successor Liability, Marie T. Reilly
Journal Articles
A firm that buys assets from another firm ordinarily does not acquire liability to the seller's creditors simply by buying its assets. This ordinary rule is subject to important exceptions. The buyer's consent triggers an exception. If a buyer agrees to assume the seller's liability to third parties, it is for that reason liable. This article considers a more controversial exception - successor liability. When a court decides that an asset acquirer should be treated as a "successor" to the transferor, it is liable for the transferor's debts as though it were the transferor.
Right To Write - Free Expression Rights Of Pennsylvania's Creative Students After Columbine, Barbara Brunner
Right To Write - Free Expression Rights Of Pennsylvania's Creative Students After Columbine, Barbara Brunner
Journal Articles
This comment analyzes the current state of students' free speech rights in the context of creative writing assignments and examines potential First Amendment applications to the Pennsylvania System of School Assessment (PSSA), a statewide, mandatory, standards-based exam administered to Pennsylvania public school students. The PSSA, which currently contains a writing assessment for students in sixth, ninth, and eleventh grades requiring students to write essays in response to prompts, is scored anonymously by private entities under contract with the Pennsylvania Department of Education. Those private subcontractors have "red-flagging" procedures in place to identify essays containing imagery or themes that indicate imminent …
Proposals To Expel Palestinians From The Occupied Territories As Catalyst For A Civil Adjudication Campaign, Catherine A. Rogers
Proposals To Expel Palestinians From The Occupied Territories As Catalyst For A Civil Adjudication Campaign, Catherine A. Rogers
Journal Articles
I begin in Part II with a brief sketch of the history of stated policies to expel Palestinians from what is now Israel and the Occupied Territories, and then examine recent proposals that have been made and actions that have been taken to implement modern re-articulations of those historic policies. In Part III, I then review the grounds on which international law proscribes mass expulsions of indigenous and occupied peoples. While international law governing this issue is clear in its application and has been overwhelmingly endorsed by the larger international community, international law seems to have little influence on Israel's …
The Exercise Of Contract Freedom In The Making Of Arbitration Agreements, Thomas E. Carbonneau
The Exercise Of Contract Freedom In The Making Of Arbitration Agreements, Thomas E. Carbonneau
Journal Articles
A universal principle of contemporary arbitration law is that contract plays a vital role in the governance of arbitration. The vitality of that role can vary by legal system, court,statute, or treaty. Nonetheless, party agreement often provides the most significant rules for regulating arbitrations and conducting arbitral proceedings. This is especially true in international commercial arbitration. There, the lack of a functional transborder legislativeand adjudicatory process made contract the principal source of law for internationalcommercial transactions and arbitrations. Although law-making is more possible withinindividual national legal systems, the rule of contract freedom is also firmly established inmatters of domestic arbitration. …
Dna Identification Databases: Legality, Legitimacy, And The Case For Population-Wide Coverage, David H. Kaye, Michael E. Smith
Dna Identification Databases: Legality, Legitimacy, And The Case For Population-Wide Coverage, David H. Kaye, Michael E. Smith
Journal Articles
Over the past decade, law enforcement authorities have amassed huge collections of DNA samples and the identifying profiles derived from them. Large DNA databanks routinely help to identify the guilty and to exonerate the innocent, but as the databanks grow, so do fears about civil liberties. Perhaps the most controversial policy issue in the creation of these databases is the question of coverage: Whose DNA profiles should be stored in them? The possibilities extend from convicted violent sex offenders to all convicted felons, to everyone arrested, to the entire population. This Article questions the rationales for drawing the line at …
The Case For Tax Sparing Along With Expanding And Limiting The Subpart F Regime, Samuel C. Thompson Jr.
The Case For Tax Sparing Along With Expanding And Limiting The Subpart F Regime, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
Volume 21 - Number 2: Table Of Contents
Volume 21 - Number 2: Table Of Contents
Penn State International Law Review
No abstract provided.
The Difficulty Of Regulating Reprodutive And Therapeutic Cloning: Can The United States Learn Anything From The Laws Of Other Countries, Suzanne H. Rhodes
The Difficulty Of Regulating Reprodutive And Therapeutic Cloning: Can The United States Learn Anything From The Laws Of Other Countries, Suzanne H. Rhodes
Penn State International Law Review
No abstract provided.
Dedication, Zane E. Finkelstein
Dedication, Zane E. Finkelstein
Penn State International Law Review
No abstract provided.
The Italian Intelligence Establishment: A Time For Reform, Vittorfranco S. Pisano
The Italian Intelligence Establishment: A Time For Reform, Vittorfranco S. Pisano
Penn State International Law Review
No abstract provided.
The Role Of International Law In The Kashmir Conflict, Brian Farrell
The Role Of International Law In The Kashmir Conflict, Brian Farrell
Penn State International Law Review
No abstract provided.
Free Speech On The World Wide Web: A Comparison Between French And United States Policy With A Focus On Uejf V. Yahoo Inc., Pamela G. Smith
Free Speech On The World Wide Web: A Comparison Between French And United States Policy With A Focus On Uejf V. Yahoo Inc., Pamela G. Smith
Penn State International Law Review
No abstract provided.
General Index - Volumes 16-21 - 1997-2003
General Index - Volumes 16-21 - 1997-2003
Penn State International Law Review
No abstract provided.
New Recommendations On International Human Research: Can Minimum Standards Prevent The Exploitation Of Vulnerable Human Subjects In Developing Countries, Rebecca A. Finkenbinder
New Recommendations On International Human Research: Can Minimum Standards Prevent The Exploitation Of Vulnerable Human Subjects In Developing Countries, Rebecca A. Finkenbinder
Penn State International Law Review
No abstract provided.