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Political Science

2015

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Articles 1 - 30 of 75

Full-Text Articles in Law and Politics

Making Ends Meet: Using A Market-Based Approach To Incentivize Foreign Vessels To Comply With The Air Emission Standards Of Marpol Annex Vi, Xiaoxin Shi Dec 2015

Making Ends Meet: Using A Market-Based Approach To Incentivize Foreign Vessels To Comply With The Air Emission Standards Of Marpol Annex Vi, Xiaoxin Shi

Penn State Journal of Law & International Affairs

No abstract provided.


One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada, Matthew Johnson Dec 2015

One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada, Matthew Johnson

Penn State Journal of Law & International Affairs

No abstract provided.


The Protection Of Intellectual Property Licenses In Insolvency: Lessons From The Nortel Case, Anthony Duggan, Norman Siebrasse Dec 2015

The Protection Of Intellectual Property Licenses In Insolvency: Lessons From The Nortel Case, Anthony Duggan, Norman Siebrasse

Penn State Journal of Law & International Affairs

No abstract provided.


Judicial Implementation Of South Africa’S New Business Rescue Model: A Preliminary Assessment, Patrick C. Osode Dec 2015

Judicial Implementation Of South Africa’S New Business Rescue Model: A Preliminary Assessment, Patrick C. Osode

Penn State Journal of Law & International Affairs

No abstract provided.


High-Tech Companies And The Decision To “Go Public”: Are Backdoor Listings (Still) An Alternative To “Front-Door” Initial Public Offerings?, Erik P.M. Vermeulen Dec 2015

High-Tech Companies And The Decision To “Go Public”: Are Backdoor Listings (Still) An Alternative To “Front-Door” Initial Public Offerings?, Erik P.M. Vermeulen

Penn State Journal of Law & International Affairs

No abstract provided.


Commercial Law And The Public Interest, Jay Lawrence Westbrook Dec 2015

Commercial Law And The Public Interest, Jay Lawrence Westbrook

Penn State Journal of Law & International Affairs

No abstract provided.


The Colombian Simplified Corporation: An Empirical Analysis Of A Success Story In Corporate Law Reform, Francisco Reyes Dec 2015

The Colombian Simplified Corporation: An Empirical Analysis Of A Success Story In Corporate Law Reform, Francisco Reyes

Penn State Journal of Law & International Affairs

No abstract provided.


The Natural Person, Legal Entity Or Juridical Person And Juridical Personality, Elvia Arcelia Quintana Adriano Dec 2015

The Natural Person, Legal Entity Or Juridical Person And Juridical Personality, Elvia Arcelia Quintana Adriano

Penn State Journal of Law & International Affairs

No abstract provided.


Justifications For Ucc Article 9’S Treatment Of Deposit Accounts: A Comparative Note, Catherine Walsh Dec 2015

Justifications For Ucc Article 9’S Treatment Of Deposit Accounts: A Comparative Note, Catherine Walsh

Penn State Journal of Law & International Affairs

No abstract provided.


The Role Of Party Autonomy In The Enforcement Of Secured Creditor’S Rights: International Developments, Anna Veneziano Dec 2015

The Role Of Party Autonomy In The Enforcement Of Secured Creditor’S Rights: International Developments, Anna Veneziano

Penn State Journal of Law & International Affairs

No abstract provided.


Party Autonomy And Consumer Arbitration In Conflict: A “Trojan Horse” In The Access To Justice In The E.U. Adr-Directive 2013/11?, Norbert Reich Dec 2015

Party Autonomy And Consumer Arbitration In Conflict: A “Trojan Horse” In The Access To Justice In The E.U. Adr-Directive 2013/11?, Norbert Reich

Penn State Journal of Law & International Affairs

Arbitration clauses in consumer contracts have been subject to controversy in many jurisdictions; recent U.S. and Canadian Supreme Court case law have been used as examples. European Union (E.U.) law, which originally excluded arbitration in general from the Brussels/Rome regimes, has recently taken a mixed, and to some extent limited, approach by including Alternative Dispute Resolution (ADR) entities “imposing” a solution in its recent ADR Directive 2013/11. There seems to be an indirect encouragement to develop consumer arbitration schemes in E.U. Member States as a second route to justice. It is too early to evaluate this new and somewhat clandestine …


Lessons And Best Practices For Designers Of Fast Track, Low Value, High Volume Global E-Commerce Odr Systems, Louis F. Del Duca, Colin Rule, Brian Cressman Dec 2015

Lessons And Best Practices For Designers Of Fast Track, Low Value, High Volume Global E-Commerce Odr Systems, Louis F. Del Duca, Colin Rule, Brian Cressman

Penn State Journal of Law & International Affairs

The momentum behind development of global online fast track low value high volume dispute resolution (hereafter ODR) continues to accelerate. Consumer and business groups around the world are promoting fair, proportionate, effective, online, fast track redress for low value high volume cross border e-commerce disputes. As a result, there will continue to be increasing demand for a variety of effective ODR systems design and procedural rules. Best practices developed by entities like eBay and lessons learned from the work of UNCITRAL Working Group III can be helpful in developing framework models for fast track low value high volume e-commerce ODR …


The Good, The Bad, And The Ugly In Distribution Contracts: Limitation Of Party Autonomy In Arbitration?, Pilar Perales Viscasillas Dec 2015

The Good, The Bad, And The Ugly In Distribution Contracts: Limitation Of Party Autonomy In Arbitration?, Pilar Perales Viscasillas

Penn State Journal of Law & International Affairs

No abstract provided.


Limits On Party Autonomy In International Commercial Arbitration, Giuditta Cordero-Moss Dec 2015

Limits On Party Autonomy In International Commercial Arbitration, Giuditta Cordero-Moss

Penn State Journal of Law & International Affairs

No abstract provided.


An Institutional Approach To The Creation Of Innovation Ecosystems And The Role Of Law, Toshiyuki Kono, Kazuaki Kagami Dec 2015

An Institutional Approach To The Creation Of Innovation Ecosystems And The Role Of Law, Toshiyuki Kono, Kazuaki Kagami

Penn State Journal of Law & International Affairs

No abstract provided.


The Hague Principles, The Cisg, And The “Battle Of Forms”, Peter Winship Dec 2015

The Hague Principles, The Cisg, And The “Battle Of Forms”, Peter Winship

Penn State Journal of Law & International Affairs

No abstract provided.


From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva Dec 2015

From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva

Penn State Journal of Law & International Affairs

No abstract provided.


Aziz Case And Unfair Contract Terms In Mortgage Loan Agreements: Lessons To Be Learned In Spain, Immaculada Barral-Viñals Dec 2015

Aziz Case And Unfair Contract Terms In Mortgage Loan Agreements: Lessons To Be Learned In Spain, Immaculada Barral-Viñals

Penn State Journal of Law & International Affairs

No abstract provided.


Should Clauses Prohibiting Assignment Be Overridden By Statute?, Louise Gullifer Dec 2015

Should Clauses Prohibiting Assignment Be Overridden By Statute?, Louise Gullifer

Penn State Journal of Law & International Affairs

No abstract provided.


International B2b Contracts - Freedom Unchained?, Ingeborg Schwenzer, Claudio Marti Whitebread Dec 2015

International B2b Contracts - Freedom Unchained?, Ingeborg Schwenzer, Claudio Marti Whitebread

Penn State Journal of Law & International Affairs

No abstract provided.


On The Intellectual History Of Freedom Of Contract And Regulation, Hans-W. Micklitz Dec 2015

On The Intellectual History Of Freedom Of Contract And Regulation, Hans-W. Micklitz

Penn State Journal of Law & International Affairs

No abstract provided.


Foreword, Mary Hiscock, Hans-W. Micklitz Dec 2015

Foreword, Mary Hiscock, Hans-W. Micklitz

Penn State Journal of Law & International Affairs

No abstract provided.


Seventeenth Biennial Meeting Of The International Academy Of Commercial And Consumer Law Dec 2015

Seventeenth Biennial Meeting Of The International Academy Of Commercial And Consumer Law

Penn State Journal of Law & International Affairs

No abstract provided.


Clean Bill Of Lading In Contract Of Carriage And Documentary Credit: When Clean May Not Be Clean, Časlav Pejović Dec 2015

Clean Bill Of Lading In Contract Of Carriage And Documentary Credit: When Clean May Not Be Clean, Časlav Pejović

Penn State Journal of Law & International Affairs

No abstract provided.


The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna Dec 2015

The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna

Master's Theses

Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21st century and it affects everyone. By using …


Campaign Finance Makes America Go ‘Round: Individual Campaign Contributions And The Effects Of Citizens United On The American Election System, Geneva Sherman Dec 2015

Campaign Finance Makes America Go ‘Round: Individual Campaign Contributions And The Effects Of Citizens United On The American Election System, Geneva Sherman

Student Scholar Symposium Abstracts and Posters

How political campaigns are financed directly affects every citizen in the United States. This can be attributed to the fact that campaign money is correlated to the laws that pass through congress and the interests that are taken into consideration. After the passage of Citizens United in 2010, campaign donation caps were lifted to allow for virtual unregulated money in politics with PACs, Super PACs and 501(c)(4)s. Although the 2010 passage of Citizens United has increased the influence of corporate and wealthy interests, individual campaign donations represent a major percentage of funds raised and are heavily relied upon. The present …


Contra Politanism: Against The Moral Teleology Of Political Forms, Jacob T. Levy, Stefan Sciaraffa, François Tanguay-Renaud Oct 2015

Contra Politanism: Against The Moral Teleology Of Political Forms, Jacob T. Levy, Stefan Sciaraffa, François Tanguay-Renaud

François Tanguay-Renaud

Jacob T. Levy, Tomlinson Professor of Political Theory Professor of Political Science Associate member, Department of Philosophy, McGill University, talks about forms of political organization, moral purposes, and the influence of social technologies.

Respondent: Stefan Sciaraffa, McMaster University


Proposition For Ending The Crisis In Syria: Concurrent Devolution Of Power Regionally And Military Action Against Genocidal Fighters Nationally, Ahmed Souaiaia Sep 2015

Proposition For Ending The Crisis In Syria: Concurrent Devolution Of Power Regionally And Military Action Against Genocidal Fighters Nationally, Ahmed Souaiaia

Ahmed E SOUAIAIA

Syria's civil war is on a path to world war. Should Russia, like the Friends of Syria, take part in the military action in Syria and Iraq, the region will enter a new phase that could change the geopolitics of the region. However, Russia' military build up could force a political solution for a crisis that is impacting all many countries around the world.


All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek Aug 2015

All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek

Alev Dudek

Approximately 13 percent of the U.S. population — nearly 40 million — is foreign-born, of which about 6 percent are naturalized U.S. citizens. Given the positive image associated with immigrants — the “nation of immigrants” or “the melting pot” — one would assume that all Americans in the U.S.A., natural born or naturalized, have equal worth as citizens. This, however, is not necessarily the case. Despite U.S. citizenship, naturalized Americans are seen less than equal to natural born Americans. They are often confused with “foreign nationals.” Moreover, their cultural belonging, allegiance, English-language skills, as well as other qualifications, are questioned.


Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson Aug 2015

Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson

International Human Rights Law Journal

This paper examines the main legal elements of corporate criminal responsibility for involvement in serious human rights violations, focusing specifically on the mens rea, or mental element requirement of a crime. It analyzes in detail what it means for a business to be complicit, the degree of knowledge corporations and their officials must have to be implicated in accomplice liability, and a case study demonstrating the consequences of such liability on corporations.