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2012

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Full-Text Articles in Law

The Normative Underpinnings Of Taxation, Sagit Leviner Dr. Dec 2012

The Normative Underpinnings Of Taxation, Sagit Leviner Dr.

Sagit Leviner Dr.

Questions about the appropriate rules and mechanisms of taxation are, first and foremost, questions concerning the nature of society. What can be taxed, what cannot, for what purpose, when, and how, are all matters that go to the heart of society and, in particular, concern society’s underlying beliefs and values vis-à-vis the meaning and attainment of justice. This Article explores the role of normative values and theory in tax policymaking. It suggests that a candid elaboration of normative perspectives, and how they shed light on taxation, could lead to a better understanding of society as well as a better ...


Sex Ratio In Mumbai, Professor Vibhuti Patel Dec 2012

Sex Ratio In Mumbai, Professor Vibhuti Patel

Professor Vibhuti Patel

Gender equity has been a prominent aspect of equity concerns in public policy. The gender dimension has led to widespread advocacy and focused attention on equity in other than economic areas, such as education, health, decision-making, violence against women and political participation. The human development approach offers a capability-based approach to gender equity in development that is a departure from traditions focused on income and growth. Gender concerns have given the approach the power and flexibility to encompass aspects of inequality that would otherwise go unremarked. Its sensitivity to gender in turn has made it sensitive to a range of ...


Impostos E Alternativas, Paulo Ferreira Da Cunha Dec 2012

Impostos E Alternativas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

O Tribunal Constitucional terá que muito provavelmente apreciar o OGE para 2013. Será uma prova decisiva para a nossa democracia e a II República. Façamos entretanto um recuo e lembremos, ainda que muito sucintamente, os problemas de legitimação de qualquer tributação, e o contrato social para que remete. Será também que, como se dizia nos tempos da "dama de ferro", "there is no alternative"? Há sempre alternativas. Por isso é que há política e não mera tecnocracia. Há sempre Política. E sempre pode haver outras políticas, desde que haja políticos com coragem, imaginação e competência.


Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco Dec 2012

Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco

Master's Theses

Following the establishment of the European Parental Leave Directive (96/34/EC), the female employment rate in Italy is still ranked the third lowest in the European Union (EU) and Italian women continue to do twice as much household work as Italian men. Parents, especially women, struggle to find a balance between professional work and their family lives in a society that encourages the traditional gendered roles of the housewife and the breadwinner. The following study is a theoretical analysis of the Parental Leave Directive and the potential domestic influences that may prevent Italy from progressing socially towards gender equality ...


Arizona’S Senate Bill 1070: A Case Study On State-Sponsored Immigration Policy, Ryan Murphy Dec 2012

Arizona’S Senate Bill 1070: A Case Study On State-Sponsored Immigration Policy, Ryan Murphy

Master's Theses

This study assesses the origins of Arizona’s state-sponsored immigration policy. It attempts to identify the social dynamics within Arizona that contributed to the overwhelming public support for SB 1070. Since it has been two years after the law was passed, this analysis determines what impact the law has had thus far within the state. Finally, it postulates the future of Arizona’s immigration policy.


Re-Evaluating Peacebuilding In The Democratic Republic Of Congo: A Case Study In Dongo, Wilita Sanguma Dec 2012

Re-Evaluating Peacebuilding In The Democratic Republic Of Congo: A Case Study In Dongo, Wilita Sanguma

Master's Theses

Re-evaluating Peacebuilding in the Democratic Republic of Congo: A case study in Dongo

The Democratic Republic of Congo (Congo) is a country rich with natural resources centered in the heart of Africa. Since the colonial era, the country has seen more bloodshed than peace and development. From 1996 to 2003, Congo experienced the worst conflict since World War II, with over six million people dead. Despite having the largest United Nations peacekeeping troops present; Congo continues to be plagued by violence. This research thesis argues that the international community failed to promote a lasting peace in Congo because the international ...


Massa E Elite. Uma Lição Da 'Renascença Portuguesa', Paulo Ferreira Da Cunha Dec 2012

Massa E Elite. Uma Lição Da 'Renascença Portuguesa', Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Há muitos mitos e preconceitos sobre o elitismo e o seu papel em democracia. Confunde-se elite com oligarquia, por exemplo. Desde a Antiga Grécia que os regimes mais perfeitos eram mistos, em que não havia um único princípio a governar, mas vários. Hoje que as manifestações enchem as ruas e as massas podem ter maior protagonismo (já o estão a ter) é preciso refletir sobre o papel das massas e de como se relacionam com as elites. Um contributo para essa reflexão está já no movimento da Renascença Portuguesa, que se encontra em tempo de comemoração, mas também revisitação crítica ...


Gaming The System: Bio-Economics, Game Theory, & Fisheries Management, Richard A. Grisel Dec 2012

Gaming The System: Bio-Economics, Game Theory, & Fisheries Management, Richard A. Grisel

Richard A Grisel

This paper argues that game theory provides powerful, effective new tools to analyze externalities that occur in the context of strategic, multi-party, interactive decision-making. I will attempt to treat this as a non-technical paper and avoid the complex mathematics better left to economists and mathematicians. Instead, a more achievable goal is to illustrate how high-seas open-access fishing is virtually identical to a game situation, treat the fundamentals of game theory, and demonstrate that game theoretic analyses are well-suited and fruitful for designing effective policy responses to fisheries management, particularly with respect to the straddling stocks problem. Indeed, one seminal fisheries ...


Global Feminism: Feminist Theory’S Cul-De-Sac, Elora Halim Chowdhury Dec 2012

Global Feminism: Feminist Theory’S Cul-De-Sac, Elora Halim Chowdhury

Elora Halim Chowdhury

Global feminism has been critical of the earlier notion of "global sisterhood" and its uncritical attachment to commonalities of women's oppression around the world. However, in this article I argue that global feminism curiously remains inadequately accountable for its differential attitude toward issues of difference and inequality among communities within the U.S. versus those alleged differences and inequalities across the U.S. borders. Consequently, global feminism, using a universal human rights paradigm, constructs for itself the role of the heroic savior, reminiscent of colonialist civilizing mission (Abu-Lughod 2002) and in line with current U.S. imperialist interventions. Strategies ...


The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw Dec 2012

The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw

Scott Titshaw

Much has been written about the possible effects on different-sex marriage of legally recognizing same-sex marriage. This article looks at the defense of marriage from a different angle: It shows how rejecting same-sex marriage results in political compromise and the proliferation of “marriage light” alternatives (e.g., civil unions, domestic partnerships, or reciprocal beneficiaries) that undermine the unique status of marriage for everyone. In the process, it examines several aspects of the marriage debate in detail. After describing the flexibility of marriage as it has evolved over time, the article focuses on recent state constitutional amendments attempting to stop further ...


Natural Law, Slavery, And The Right To Privacy Tort, Anita L. Allen Dec 2012

Natural Law, Slavery, And The Right To Privacy Tort, Anita L. Allen

Faculty Scholarship at Penn Law

In 1905 the Supreme Court of Georgia became the first state high court to recognize a freestanding “right to privacy” tort in the common law. The landmark case was Pavesich v. New England Life Insurance Co. Must it be a cause for deep jurisprudential concern that the common law right to privacy in wide currency today originated in Pavesich’s explicit judicial interpretation of the requirements of natural law? Must it be an additional worry that the court which originated the common law privacy right asserted that a free white man whose photograph is published without his consent in a ...


Patching The Ark: Improving Legal Protection Of Biological Diversity, Holly Doremus Nov 2012

Patching The Ark: Improving Legal Protection Of Biological Diversity, Holly Doremus

Holly Doremus

Critiques the species-by-species approach of the 1973 Endangered Species Act (ESA) and discusses more holistic alternatives; US.


The Rhetoric And Reality Of Nature Protection: Toward A New Discourse, Holly Doremus Nov 2012

The Rhetoric And Reality Of Nature Protection: Toward A New Discourse, Holly Doremus

Holly Doremus

No abstract provided.


Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus Nov 2012

Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus

Holly Doremus

The George W. Bush Administration has been criticized by scientists for its use of science in the policy arena generally, and for politicizing science. However, the problem is more one of the scientizing of politics, as the administration has shown that the rhetoric of science can be used defensively, as a barrier to regulation. Key methods used by the administration to pursue its strategy of defensive science in natural resource management are detailed. A more normatively defensible, and a more politically effective, strategy for conservationists would emphasize the need to bring transparency and a commitment to updating into the regulatory ...


Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ Surveyed By Percent Of Words In Source, Peter J. Aschenbrenner Nov 2012

Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ Surveyed By Percent Of Words In Source, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In the last of three articles, OCL surveys the deployment of ‘constitution’ through The Federalist Papers, the bank bill debates and the remainder of Madison’s life (post-presidency). Numeric values for hits are computed for the range of semantic values, with the focus being constitution = text (locatable in only one place) competing with constitution = government. A net score is proposed which measures the effort an author has expended to ‘cleanse’ his semantic palette by employing one semantic value over a competing value.


Openbaarheid Van Rechtspraak En Het Verwerken Van Persoonsgegevens : Categorisch Denken Vermijden, Ronny Saelens, Paul De Hert, Serge Gutwirth Nov 2012

Openbaarheid Van Rechtspraak En Het Verwerken Van Persoonsgegevens : Categorisch Denken Vermijden, Ronny Saelens, Paul De Hert, Serge Gutwirth

Serge Gutwirth

Openbaarheid van Rechtspraak en het verwerken van persoonsgegevens : categorisch denken vermijden !


Da Universidade. Reflexão Jurídica Em Tempo De Crise, Paulo Ferreira Da Cunha Nov 2012

Da Universidade. Reflexão Jurídica Em Tempo De Crise, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Há princípios constitucionais para as Universidades. É bom que tal não se esqueça num tempo em que a Constituição está, mais que metida na gaveta, apedrejada todos os dias. E há princípios de bom senso, também. A Universidade não pode ser desvirtuada nem por asfixia financeira, nem por burocracia antidemocrática, nem por modismos que distraiam os professores (e até os estudantes) dos fins naturais e primaciais que tem: aprender e ensinar.


Foreword, Amy C. Gaudion Nov 2012

Foreword, Amy C. Gaudion

Penn State Journal of Law & International Affairs

No abstract provided.


Jlia Editorial Board & Staff Nov 2012

Jlia Editorial Board & Staff

Penn State Journal of Law & International Affairs

No abstract provided.


To Forgive And Forget: How Reconciliation And Amnesty Legislation In Afghanistan Forgives War Criminals While Forgetting Their Victims, Sara L. Carlson Nov 2012

To Forgive And Forget: How Reconciliation And Amnesty Legislation In Afghanistan Forgives War Criminals While Forgetting Their Victims, Sara L. Carlson

Penn State Journal of Law & International Affairs

More than three decades of war and hundreds of thousands killed or brutalized by the actions of warlords and insurgent commanders vying for power comprise the backdrop of modern Afghanistan. As Afghanistan continues toward a new era, seeking democracy in a country where tribal affiliations and ethnic groups often usurp any sense of patriotism, the reconciliation of armed fighters while providing an adequate grievance process for victims of war crimes must take priority in the process adopted to unify the Islamic Republic of Afghanistan. This comment explores the current attempt by the Islamic Republic of Afghanistan to provide a system ...


International Activity And Domestic Law, Adam I. Muchmore Nov 2012

International Activity And Domestic Law, Adam I. Muchmore

Penn State Journal of Law & International Affairs

This essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.


The Full Story Of United States V. Smith, America’S Most Important Piracy Case, Joel H. Samuels Nov 2012

The Full Story Of United States V. Smith, America’S Most Important Piracy Case, Joel H. Samuels

Penn State Journal of Law & International Affairs

This article explores the seminal United States Supreme Court decision of United States v. Smith (1820). Smith, an early piracy case, has influenced developments in both domestic and international law on piracy, universal jurisdiction, and a range of broader themes. This article is the first to explore the context within which the case arose, as well as the circumstances of the case itself. In addition to the details of the case, the story of the men prosecuted for their cruise aboard the vessel known as the Irresistible in the late spring and early summer of 1819 also offers a window ...


Remarks On Counterstrike, Eric Schmitt Nov 2012

Remarks On Counterstrike, Eric Schmitt

Penn State Journal of Law & International Affairs

After 9/11, the United States government was forced to think differently about terrorism and the nation’s ability to respond to attacks. Eric Schmitt and Thom Shanker address many of the intricacies faced by officials at the White House, the State Department and the Pentagon in their book Counterstrike. In this essay, transcribed from remarks given on March 21, 2012 at the Clarke Forum for Contemporary Issues at Dickinson College, Schmitt discusses how the U.S. government’s policies toward Al Qaeda and terrorism in general have evolved in the ten-year period following the attacks.


Remarks, The Big Picture: Beyond Hot Spots & Crises In Our Interconnected World, Anne-Marie Slaughter Nov 2012

Remarks, The Big Picture: Beyond Hot Spots & Crises In Our Interconnected World, Anne-Marie Slaughter

Penn State Journal of Law & International Affairs

The picture of foreign policy as seen by the United States has changed dramatically over the last few decades. The United States now faces a world far more interconnected and integrated than the foreign policy landscape of the Cold War and its immediate aftermath. Instead of one or two super power centers, the world today is made up of multiple global and regional power centers. This essay, transcribed and adapted from remarks given by Anne-Marie Slaughter on March 15, 2012, at the Dickinson School of Law of the Pennsylvania State University, examines the shift to a multi-polar world of foreign ...


International Order After The Financial Crisis, Harold James Nov 2012

International Order After The Financial Crisis, Harold James

Penn State Journal of Law & International Affairs

How is international order built, and how is it legitimate, in a world in which political and economic foundations are rapidly shifting? What are the consequences of the rise of major new powers for the structure and the functioning of the international system? Great wars or great financial crises have in the past led to disorientation about the moral foundations of society, domestically and internationally. The paper examines parallels with the Great Depression, and in particular the weakening of multilateralism and of small political units, and the strengthening of large powers with hegemonic claims. The paper then turns to an ...


The Growing Dark Side Of Cyberspace ( . . . And What To Do About It), Ronald Deibert Nov 2012

The Growing Dark Side Of Cyberspace ( . . . And What To Do About It), Ronald Deibert

Penn State Journal of Law & International Affairs

Cyberspace – the global environment of digital communications – surrounds and embodies us entirely, 24 hours a day, 7 days a week. We are always on, always connected: emailing, texting, searching, networking, and sharing are all now as commonplace as eating, breathing, and sleeping. But there is a dark side to cyberspace - hidden contests and malicious threats - that is growing like a disease from the inside-out. This disease has many symptoms, and is being reinforced by a multiplicity of disparate but mutually reinforcing causes. Some of these driving forces are unintended byproducts of the new digital universe into which we have thrust ...


The Rise Of Transparency And The Decline Of Secrecy In The Age Of Global And Social Media, P.J. Crowley Nov 2012

The Rise Of Transparency And The Decline Of Secrecy In The Age Of Global And Social Media, P.J. Crowley

Penn State Journal of Law & International Affairs

News reporting of a wide range of sensitive government policies, operations, and internal deliberations has raised understandable concerns that U.S. national security is being compromised. In response, there is an increase in investigations and prosecutions and proposed legislation to plug government leaks. But a broader reality may be at work. In the increasingly interconnected and transparent world of the Internet, Facebook, Twitter, satellite television, WikiLeaks, omniscient cellphones and technology-enhanced revolutions such as the Arab Awakening, governments have lost their ability to control the flow of information. More people have access to more information, with the ability to communicate anything ...


The Balance Of Power, Public Goods, And The Lost Art Of Grand Strategy: American Policy Toward The Persian Gulf And Rising Asia In The 21st Century, Flynt Leverett, Hillary Mann Leverett Nov 2012

The Balance Of Power, Public Goods, And The Lost Art Of Grand Strategy: American Policy Toward The Persian Gulf And Rising Asia In The 21st Century, Flynt Leverett, Hillary Mann Leverett

Penn State Journal of Law & International Affairs

An important driver of relative decline in America’s international standing is the failure of its political elites to define reality-based foreign policy goals and to relate the diplomatic, economic, and military means at Washington’s disposal to realizing them—the essence of “grand strategy.” For several decades, American policy has been pulled in opposite directions by two competing models of grand strategy. In one—the leadership model—America maximizes its international standing by adroitly managing regional and global power balances and promoting the processes of economic liberalization known collectively as globalization. In the second model—the transformation model—America ...


Understanding Imf Stand-By Arrangements From The Perspective Of International And Domestic Law: The Experience Of Venezuela In The 1990s, Gabriel Garcia Nov 2012

Understanding Imf Stand-By Arrangements From The Perspective Of International And Domestic Law: The Experience Of Venezuela In The 1990s, Gabriel Garcia

Dr Gabriel Garcia

During the 1990s, international financial institutions such as the World Bank and the International Monetary Fund (IMF) promoted the so-called 'Washington Consensus'. One of the premises of the consensus was that developing countries needed to embrace a market economy and build a legal system supportive of the rule of law in order to promote progress and defeat poverty. The onset of financial crises across South America and the inability of governments to deal with problems derived from this financial meltdown provided the proitious conditions for the IMF to implement its agenda of promoting a market economy and the rule of ...


Brisa De Anomia - Da Constituição Real Ao Quotidiano Incompetente, Paulo Ferreira Da Cunha Nov 2012

Brisa De Anomia - Da Constituição Real Ao Quotidiano Incompetente, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Há vários sintomas de mal estar social, todos sabemos. Desde uma Constituição que parece ter passado a nominal ou semântica em algumas dimensões ao menos, não por culpa sua mas de quem a deveria cumprir, até ao esboroar das relações laborais e ao crescendo da insatisfação laboral de quem trabalha, a par do crescendo do desemprego, ou à falta de boa fé contratual... Sente-se ainda que muitos serviços estão a funcionar mal, mercê da precaridade dos contratos dos trabalhadores, promovidos a verdes colaboradores muitas vezes... Ainda parece, em geral, viver-se sob a lei, mas já há muitas bolsas de torto ...