Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Politics (46)
- Social and Behavioral Sciences (45)
- Political Science (43)
- International Law (41)
- Arts and Humanities (40)
-
- History (39)
- International and Area Studies (39)
- Public Affairs, Public Policy and Public Administration (39)
- Transnational Law (38)
- Diplomatic History (37)
- History of Science, Technology, and Medicine (37)
- Social History (37)
- International Trade Law (36)
- Constitutional Law (13)
- Agriculture Law (12)
- Natural Resources Law (12)
- Courts (11)
- Law and Society (10)
- Comparative and Foreign Law (9)
- Jurisprudence (9)
- Judges (8)
- Legal Profession (8)
- Public Law and Legal Theory (8)
- Oil, Gas, and Mineral Law (7)
- Civil Rights and Discrimination (6)
- Human Rights Law (6)
- First Amendment (5)
- International Relations (5)
- Institution
-
- Penn State Law (36)
- Selected Works (12)
- Roger Williams University (5)
- SelectedWorks (5)
- Cleveland State University (4)
-
- DePaul University (4)
- The University of Akron (3)
- The Peter A. Allard School of Law (2)
- University of Michigan Law School (2)
- Western New England University School of Law (2)
- Western University (2)
- Brooklyn Law School (1)
- Claremont Colleges (1)
- Columbia Law School (1)
- Duke Law (1)
- New York Law School (1)
- Northwestern Pritzker School of Law (1)
- Osgoode Hall Law School of York University (1)
- Saint Louis University School of Law (1)
- Union College (1)
- University at Buffalo School of Law (1)
- University of Baltimore (1)
- University of Dayton (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Pittsburgh School of Law (1)
- University of Richmond (1)
- University of Washington School of Law (1)
- Vanderbilt University Law School (1)
- William & Mary Law School (1)
- Keyword
-
- Rule of law (13)
- Rule of Law (6)
- Constitutional Law (4)
- Judges (4)
- Constitution (3)
-
- International Human Rights Law (3)
- Law (3)
- Legal education (3)
- Magna Carta (3)
- Authority (2)
- Canada (2)
- Civil rights (2)
- Constitutional law (2)
- Courts (2)
- Federalism (2)
- Governance (2)
- Human Rights (2)
- Judicial independence (2)
- Judicial review (2)
- Jurisprudence (2)
- Law and Society (2)
- Lawyers (2)
- Legal Profession (2)
- Legal profession (2)
- Legislation (2)
- Politics, language, democracy, public law and legal theory, law and society, speech intimidation, speech repression, identity roups, jurisprudence, (2)
- Public Law and Legal Theory (2)
- Separation of powers (2)
- Terror (2)
- Terrorism (2)
- Publication
-
- Penn State Journal of Law & International Affairs (36)
- Faculty Scholarship (6)
- David Barnhizer (4)
- International Human Rights Law Journal (4)
- Life of the Law School (1993- ) (4)
-
- Akron Law Review (3)
- Articles (3)
- All Faculty Publications (2)
- All Faculty Scholarship (2)
- Donald J. Kochan (2)
- Electronic Thesis and Dissertation Repository (2)
- Jamie Cameron (2)
- Adam I. Muchmore (1)
- Amartya Shrivastava (1)
- Articles & Chapters (1)
- CMC Senior Theses (1)
- Centre Institute for Public Policy Research (CIPPR) (1)
- Charles W. Collier (1)
- Christopher Kutz (1)
- Donald L. Beschle (1)
- Honors Theses (1)
- Jack Tsen-Ta LEE (1)
- James M. Cooper (1)
- James R Maxeiner (1)
- Journal Articles (1)
- Law Faculty Publications (1)
- Law School Blogs (1)
- Malcolm Feeley (1)
- Michael P. Seng (1)
- Northwestern University Law Review (1)
- Publication Type
Articles 1 - 30 of 96
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.
Emergency Takings, Brian Lee
The Syracuse Conference On A World Rule Of Law: American Perspectives - An Introduction, Malcolm M. Feeley
The Syracuse Conference On A World Rule Of Law: American Perspectives - An Introduction, Malcolm M. Feeley
Malcolm Feeley
No abstract provided.
Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K B Tan, Jack Tsen-Ta Lee
Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K B Tan, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
Magna Carta became applicable to Singapore in 1826 when a court system administering English law was established in the Straits Settlements. This remained the case through Singapore’s evolution from Crown colony to independent republic. The Great Charter only ceased to apply in 1993, when Parliament enacted the Application of English Law Act to clarify which colonial laws were still part of Singapore law. Nonetheless, Magna Carta’s legacy in Singapore continues in a number of ways. Principles such as due process of law and the supremacy of law are cornerstones of the rule of law, vital to the success, stability and …
Dealing With Dirty Deeds: Matching Nemo Dat Preferences With Property Law Pragmatism, Donald J. Kochan
Dealing With Dirty Deeds: Matching Nemo Dat Preferences With Property Law Pragmatism, Donald J. Kochan
Donald J. Kochan
The Clarity Of Reasonableness Since Dunsmuir: Mission (Mostly) Accomplished, Ryan D. Robb
The Clarity Of Reasonableness Since Dunsmuir: Mission (Mostly) Accomplished, Ryan D. Robb
Electronic Thesis and Dissertation Repository
This project develops an interpretive account of the single reasonableness standard as it has evolved in the Canadian Supreme Court case law since its introduction in New Brunswick (Board of Management) v. Dunsmuir. My analyses show, contrary to the bulk of the academic commentary, that reasonableness is a clear and coherent standard of review. Specifically I show that in the eyes of the Court, interference owing to unreasonableness is required only when decisions are not justified in the context of the legal framework. Unjustified decisions demand interference because they are arbitrary in the sense that the powers of the …
Abstract Principle V. Contextual Conceptions Of Harm: A Comment On R. V. Butler, Jamie Cameron
Abstract Principle V. Contextual Conceptions Of Harm: A Comment On R. V. Butler, Jamie Cameron
Jamie Cameron
This comment provides a critique of the Supreme Court of Canada's decision in R. v. Butler, which held that section 163(8) of the Criminal Code, defining obscenity, is a reasonable limit on freedom of expression under section 1 of the Canadian Charter of Rights and Freedoms. Before discussing the Charter, the Court expanded the scope of section 163(8) to include a prohibition against sexually explicit material that is degrading or dehumanizing. Initially, the author is critical of the Court's methodology, which enlarged section 163(8) at the expense of expressive freedom, without even mentioning the Charter. Once the Court had interpreted …