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Learning From Our Mistakes: The Belfast Project Litigation And The Need For The Supreme Court To Recognize An Academic Privilege In The United States, Kathryn L. Steffen 2014 Penn State Law

Learning From Our Mistakes: The Belfast Project Litigation And The Need For The Supreme Court To Recognize An Academic Privilege In The United States, Kathryn L. Steffen

Penn State Journal of Law & International Affairs

Through the Belfast Project, researchers sponsored by Boston College began to compile an oral history of the period of violent political conflict in Northern Ireland known as “The Troubles” in a series of interviews. The interviewees’ participation in the project was conditioned on a strict promise of confidentiality. However, when authorities in the United Kingdom became suspicious that the interviews contained evidence of criminal activity, the United Kingdom, pursuant to a Mutual Legal Assistance Treaty, requested the United States to subpoena the materials on its behalf. Satisfaction of the subpoena would mean not only turning over the interview recordings, but ...


National Security And The Protection Of Constitutional Liberties: How The Foreign Terrorist Organization List Satisfies Procedural Due Process, Aaron Schwartz 2014 Penn State Law

National Security And The Protection Of Constitutional Liberties: How The Foreign Terrorist Organization List Satisfies Procedural Due Process, Aaron Schwartz

Penn State Journal of Law & International Affairs

Foreign terrorist organizations pose a real and constantly evolving threat to U.S. national security. The Foreign Terrorist Organization (FTO) List seeks to temper that threat by extending the U.S. government an effective legal tool to identify and sanction members of terrorist organizations and those who support them. At the same time, however, the government must also ensure that its efforts to protect U.S. citizens do not trample constitutionally protected rights. This comment begins by exploring the FTO List's authorizing legislation and the policy and goals of that legislation. The comment then reviews and analyzes a series ...


Third Time’S The Charm: Will Basel Iii Have A Measurable Impact On Limiting Future Financial Turmoil?, Erin Pentz 2014 Penn State Law

Third Time’S The Charm: Will Basel Iii Have A Measurable Impact On Limiting Future Financial Turmoil?, Erin Pentz

Penn State Journal of Law & International Affairs

The Great Recession of 2008 caused banking failures around the globe. The Basel Committee on Banking Supervision responded swiftly to create new minimum capital requirements for financial institutions in hopes of preventing additional failures and warding off future crises. Although the new capital standards that Basel III proposes are a step in the right direction, those standards alone will not be sufficient to prevent future bank failures in times of economic decline. Rather, true financial sector stability requires adequate capitalization of all institutions in terms of quality and quantity of capital, a strong regulatory framework, and a limitation on the ...


International Institutions And The Resource Curse, Patrick Keenan 2014 Penn State Law

International Institutions And The Resource Curse, Patrick Keenan

Penn State Journal of Law & International Affairs

Many countries that are richly endowed with natural resources have failed to turn that resource wealth into sustained development. In many places, a small coterie of elites has become rich while most citizens see little benefit from their country’s vast resource wealth. A principal cause of this problem, often called the resource curse, is weak domestic institutions that permit leaders to enrich themselves and ignore the development needs of the country. From this, most scholars and policymakers have concluded that the way to fix the resource curse is to reform domestic institutions.

This article challenges the conventional wisdom and ...


The Arab Spring’S Four Seasons: International Protections And The Sovereignty Problem, Jillian Blake, Aqsa Mahmud 2014 Penn State Law

The Arab Spring’S Four Seasons: International Protections And The Sovereignty Problem, Jillian Blake, Aqsa Mahmud

Penn State Journal of Law & International Affairs

In December 2010, public demonstrations erupted throughout the Middle East against autocratic regimes, igniting a regional political transformation known as the Arab Spring. Depending on events, modern international criminal and humanitarian law provided certain protections to vulnerable populations. However, international law did not provide a uniform degree of protection to civilians and combatants who faced similar circumstances. This Article argues for a uniform standard of protections for all populations affected by armed conflict, war crimes, and crimes against humanity. It evaluates each of five major Arab Spring uprisings (Tunisia, Bahrain, Egypt, Syria, and Libya) and describes the legal protections that ...


The Impact Of The Icty On Atrocity-Related Prosecutions In The Courts Of Bosnia And Herzegovina, Yaël Ronen 2014 Penn State Law

The Impact Of The Icty On Atrocity-Related Prosecutions In The Courts Of Bosnia And Herzegovina, Yaël Ronen

Penn State Journal of Law & International Affairs

The International Criminal Tribunal for Yugoslavia was not mandated to proactively promote domestic prosecutions of war-related crimes. However, its operation may have had some impact on domestic proceedings concerning war-related crimes in Bosnia and Herzegovina. The object of this article is to identify and explain this impact, with respect to qualitative (institutional legal capacities), quantitative (rates of prosecution and trends in sentencing), and normative (the adoption and application of criminal law norms) benchmarks.


The Limits Of Judicial Idealism: Should The International Criminal Court Engage With Consequentialists Aspirations?, Sharam Dana 2014 Penn State Law

The Limits Of Judicial Idealism: Should The International Criminal Court Engage With Consequentialists Aspirations?, Sharam Dana

Penn State Journal of Law & International Affairs

Idealism about what international criminal justice mechanisms can achieve has lead to ideologically driven judicial decision-making in international criminal law (ICL). ICL idealism manifests itself in the belief that international criminal prosecutions can achieve an awesome array of goals. These include retribution, deterrence, reconciliation, rehabilitation, incapacitation, restoration, building a historical record, preventing revisionism, expressive and didactic functions, crystallizing international norms, general affirmative prevention, establishing peace, preventing war, vindicating international law prohibitions, setting standards for fair trials, combating impunity, and more. Ironically, this idealistic overreach, although usually well intended, has actually contributed to the politicization of the international judicial process.

The ...


No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations,, Dermot Groome 2014 Penn State Law

No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations,, Dermot Groome

Penn State Journal of Law & International Affairs

The conduct and quality of investigations pursued by the Office of the Prosecutor of the International Criminal Court has come under increasing scrutiny and criticism from judges on the Court. Criticism is directed at the time and length of investigations; the quality of the evidence advanced in court; the inappropriate delegation of investigative functions, and the failure to interview witnesses in a way that is consistent with the Prosecution’s obligation to conduct investigations fairly under Article 54 of the Rome Statute. This essay explores these criticisms and concludes that the judges are justified in their concerns regarding the Prosecution ...


Foreword, Claudio Grossman 2014 Penn State Law

Foreword, Claudio Grossman

Penn State Journal of Law & International Affairs

No abstract provided.


The Civil Codes Of Libya And Syria: Hybridity, Durability, And Post-Revolution Viability In The Aftermath Of The Arab Spring, Dan E. Stigall 2014 SelectedWorks

The Civil Codes Of Libya And Syria: Hybridity, Durability, And Post-Revolution Viability In The Aftermath Of The Arab Spring, Dan E. Stigall

Dan E Stigall

The Arab Spring sent shockwaves through the political landscape of the Middle East and North Africa and upended long-standing authoritarian regimes throughout the region in rapid succession. Among the many countries touched by the Arab Spring, however, Libya and Syria have been among the most profoundly impacted, experiencing institutional deficits that complicate efforts to resolve ongoing conflicts and now threaten regional stability.

The effects of such instability pose a threat to the international community, making the stabilization of these countries a matter of international concern. In order to transition from conflict to peace and sustainable development in Libya and Syria ...


Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio 2014 Liberty University

Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio

Senior Honors Theses

The increased incorporation of targeted killing, primarily through the use of unmanned aerial vehicles, into United States policy raises salient questions regarding its consistency with the U.S. Constitution. This paper contrasts interpretations of constitutional due process with the current legal framework for conducting targeted killing operations. The Fifth Amendment to the Constitution establishes the due process owed to U.S. citizens. This paper determines that the killing of Anwar al-Awlaki, an American citizen, was accomplished in a manner inconsistent with constitutional due process and demonstrates an over-extension of executive branch power. This paper examines one scholarly recommendation that seeks ...


Holding Rhode Island Strip Club Owners Accountable, Donna M. Hughes Dr. 2014 University of Rhode Island

Holding Rhode Island Strip Club Owners Accountable, Donna M. Hughes Dr.

Donna M. Hughes

For almost 30 years (1980-2009) there were no laws against indoor prostitution in Rhode Island. During that time, being an owner of a strip club where prostitution occurred in the private booths or being a landlord for a massage parlor that was really a brothel were shady, but legal, ways to make money. During the same time, there was no comprehensive law against human trafficking and there was no law banning underage girls from stripping in the clubs.


The Rule Of Law And The Judicial Function In The World Today, Diarmuid F. O’Scannlain 2014 Notre Dame Law School

The Rule Of Law And The Judicial Function In The World Today, Diarmuid F. O’Scannlain

Notre Dame Law Review

The world’s oldest written constitution still in effect has many inspiring lines, but perhaps the one that most stirs the souls of the patriotic appears in Article 30. Delineating a familiar separation of powers, that Article forbids the legislative, executive, and judicial branches from swapping or mixing functions. “[T]o that end”—and here’s the line—“it may be a government of laws and not of men.” John Adams, the author of that line and most of the rest of the Constitution of the Commonwealth of Massachusetts, penned those words in 1779, eight years before the adoption of ...


Iran Denies Education Rights To Bahá’Ís, Milad Haghani 2014 Western University

Iran Denies Education Rights To Bahá’Ís, Milad Haghani

Western Journal of Legal Studies

The Bahá’í are members of an independent monotheistic religion that originated in the 19th century. The Bahá’í faith constitutes the largest religious minority in Iran. Since the revolution of 1979, the Iranian government has sought to systematically deprive the Bahá’í community of their right to post-secondary education through various administrative practices. These actions are part of a larger persecution scheme that has resulted in more than 200 executions and numerous imprisonments since the 1979 revolution. This paper explores the nature of a number of human rights laws that bind Iran to recognize the right of its ...


Anarchy, Status Updates, And Utopia, James Grimmelmann 2014 University of Maryland Francis King Carey School of Law

Anarchy, Status Updates, And Utopia, James Grimmelmann

Faculty Scholarship

Social software has a power problem. Actually, it has two. The first is technical. Unlike the rule of law, the rule of software is simple and brutal: whoever controls the software makes the rules. And if power corrupts, then automatic power corrupts automatically. Facebook can drop you down the memory hole; Paypal can garnish your pay. These sovereigns of software have absolute and dictatorial control over their domains.

Is it possible to create online spaces without technical power? It is not, because of social software’s second power problem. Behind technical power there is also social power. Whenever people come ...


Self-Interest And Sinecure: Why Law School Can’T Be “Fixed” From Within, David Barnhizer 2014 Cleveland State University

Self-Interest And Sinecure: Why Law School Can’T Be “Fixed” From Within, David Barnhizer

David Barnhizer

The issue of how best to do a legal education is being approached as if it were an intellectual and pedagogical question. Of course in a conceptual sense it is. But from a political and human perspective (law faculty, deans and lawyers) it is a self-interested situation in terms of how does this affect me? The reality is that for law faculty and deans it is mainly a life style, status, economic benefit and political situation in which the various interests protected by the traditional faculty slot placeholders [as well as the non-traditional practice-oriented teachers) are being masked by self-serving ...


Law, Objectives Of Government And Regimes Of Truth: Foucault’S Understanding Of Law And The Transformation Of The Law Of The Eu Internal Market, Leila Brännström 2014 Lund University, Faculty of Law

Law, Objectives Of Government And Regimes Of Truth: Foucault’S Understanding Of Law And The Transformation Of The Law Of The Eu Internal Market, Leila Brännström

Leila Brännström

Drawing on Security, Territory, Population and The Birth of Biopolitics, this article aims, firstly, to consolidate our understanding of Foucault’s engagement with law by fleshing out his approach to law and by clarifying that he distinguishes between different kinds of law on the basis of the objectives that law serves and the regime of truth that it embodies. Secondly, using this understanding, the article proceeds to analyze the transformation of EU internal market law in the last few decades and to argue that this body of law today performs the tasks of law in neoliberal government as pointed out ...


The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell 2014 University of New Hampshire

The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell

Communication Scholarship

This chapter is a reexamination of the Writs of Assistance speech by James Otis. In particular, it is a reconsideration of the evidence upon which rests the historical reputation of Otis’s address. Are the claims by historians who credit Otis with sparking the Revolutionary movement in colonial America warranted or not? That reassessment begins with a detailed review of the nature and function of writs of assistance within the political, legal, and economic environment of colonial Massachusetts. It then turns to an analysis of the legal dispute over writs of assistance in the 1761 trial. From there we will ...


The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan 2014 Chapman University School of Law

The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan

Donald J. Kochan

This Article is a first-of-its-kind application of public choice theory to recently developing theories of virtue jurisprudence. Particularly, this Article focuses on not-yet-developed theories of aretaic (or virtue-centered) legislation. This Article speculates what the contours of such theories might be and analyzes the production of such legislation through a public choice lens. Any virtue jurisprudence theory as applied to legislation would likely demand that the proper ends of legislation be deemed as “the promotion of human flourishing” and the same would constitute the test by which we would determine the legitimacy of any legislation.

As noble as virtuous behavior, virtuous ...


The Elaborate Paper Tiger: Environmental Enforcement And The Rule Of Law In China, Erin Ryan 2014 SelectedWorks

The Elaborate Paper Tiger: Environmental Enforcement And The Rule Of Law In China, Erin Ryan

Erin Ryan

In recent decades, the eyes of the world have been trained on China’s remarkable feats of rapid economic development. Yet the enormous environmental toll associated with China’s growth has also drawn global attention, as Chinese air and water quality plummet to historic lows. Epic levels of environmental degradation have fueled a growing domestic consensus that China must do better at reconciling these competing goals. This article reviews the contemporary challenges facing the second wave of environmental governance in China.

In the first wave of environmental governance, the government promulgated a series of environmental statutes that seem comprehensive—at ...


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