Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- International Human Rights Law (3)
- B2B (1)
- B2C (1)
- CISG (1)
- Children's Rights (1)
-
- Collective action (1)
- Comparative contract law (1)
- Contract (1)
- Convention on Contracts for the International Sale of Goods (1)
- Convention on the Rights of the Child (1)
- Corporate Complicity (1)
- Crime control (1)
- Criminal law (1)
- Curricular reform (1)
- Curriculum (1)
- Democratic theory (1)
- Disproportionate penalties (1)
- Double jeopardy (1)
- Entrapment (1)
- Exclusionary rule (1)
- Experiential learning (1)
- Failures of justice (1)
- Freedom of contract (1)
- Global welfare (1)
- Human Rights (1)
- Humanitarian Organizations (1)
- Humanitarian Principles (1)
- Identity formation (1)
- Innovation (1)
- International Criminal Court (1)
- Publication
- Publication Type
Articles 1 - 30 of 45
Full-Text Articles in Rule of Law
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
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.
International Activity And Domestic Law, Adam I. Muchmore
International Activity And Domestic Law, Adam I. Muchmore
Adam I. Muchmore
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.
Compared To What? Judicial Review And Other Veto Points In Contemporary Political Theory, David Watkins, Scott E. Lemieux
Compared To What? Judicial Review And Other Veto Points In Contemporary Political Theory, David Watkins, Scott E. Lemieux
Political Science Faculty Publications
Many democratic and jurisprudential theorists have too often uncritically accepted Alexander Bickel’s notion of “the countermajoritarian difficulty” when considering the relationship between judicial review and democracy; this is the case for arguments both for and against judicial review. This framework is both theoretically and empirically unsustainable. Democracy is not wholly synonymous with majoritarianism, and judicial review is not inherently countermajoritarian in the first place.
In modern democratic political systems, judicial review is one of many potential veto points. Since all modern democratic political systems contain veto points, the relevant and unexplored question is what qualities might make a veto point …
And Then There Were Two: Why Is The United States One Of Only Two Countries In The World That Has Not Ratified The Convention On The Rights Of The Child?, Mark Engman
International Human Rights Law Journal
Twenty-five years ago, the United Nations General Assembly (‘U.N. General Assembly’) unanimously adopted the Convention on the Rights of the Child (hereinafter the “CRC”), which became the most widely accepted human rights treaty in history. Today, every nation in the world is a party to the CRC – except for two: Somalia, and the United States. This article will analyze the politics behind America’s failure to ratify this treaty. That may seem a little out of place in a law journal, but in reality the United States’ (‘U.S.’) acceptance or rejection of international law is as much a matter of …
Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?, Scott Paul, Elizabeth Holland
Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?, Scott Paul, Elizabeth Holland
International Human Rights Law Journal
Humanitarian organizations are fundamentally concerned with addressing the suffering of civilians. The decision by an armed actor to resort to force can result in greater protection or greater harm, and has at least as significant an impact on civilian lives as any decision made during the conduct of hostilities. Yet, humanitarian organizations rarely publicly advocate for or against the use of force. This article explores the perceived and actual limitations that humanitarian principles place on the public advocacy of humanitarian organizations regarding the recourse to force. It begins with a discussion of the relevant legal framework and explication of the …
Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala
Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala
International Human Rights Law Journal
Sri Lanka’s 26-year civil war against the Liberation Tigers of Tamil Eelam came to a bloody end in May 2009, amidst allegations of war crimes and crimes against humanity on both sides. Since then, Tamils in the diaspora, long accused of funding the war, have become vocal proponents for war crimes accountability. Some might label certain forms of diaspora advocacy as “lawfare” or “long-distance nationalism.” However, these labels fail to account for the complex memories and identities that shape diaspora advocacy for accountability today. In order for Sri Lanka to move forward from decades of conflict, transitional justice mechanisms to …