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1272 full-text articles. Page 1 of 50.

Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan 2017 Penn State Law

Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan

Penn State Journal of Law & International Affairs

No abstract provided.


Air Traffic Control: How Mexican Cartels Are Utilizing Drones To Traffic Narcotics Into The United States, Britton Shields 2017 Penn State Law

Air Traffic Control: How Mexican Cartels Are Utilizing Drones To Traffic Narcotics Into The United States, Britton Shields

Penn State Journal of Law & International Affairs

No abstract provided.


Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat 2017 Penn State Law

Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat

Penn State Journal of Law & International Affairs

No abstract provided.


The Innocent Combatant: Preserving Their Jus In Bello Protections, Mark "Max" Maxwell, Richard V. Meyer 2017 Penn State Law

The Innocent Combatant: Preserving Their Jus In Bello Protections, Mark "Max" Maxwell, Richard V. Meyer

Penn State Journal of Law & International Affairs

No abstract provided.


Maintaining Individual Liability In Aml And Cybersecurity At New York's Financial Institutions, Harry Dixon 2017 Penn State Law

Maintaining Individual Liability In Aml And Cybersecurity At New York's Financial Institutions, Harry Dixon

Penn State Journal of Law & International Affairs

No abstract provided.


A Research Agenda To Improve Decision Making In Cyber Security Policy, Benjamin Dean, Rose McDermott 2017 Penn State Law

A Research Agenda To Improve Decision Making In Cyber Security Policy, Benjamin Dean, Rose Mcdermott

Penn State Journal of Law & International Affairs

No abstract provided.


The Cyber Longbow & Other Information Strategies: U.S. National Security And Cyberspace, Gary D. Brown 2017 Penn State Law

The Cyber Longbow & Other Information Strategies: U.S. National Security And Cyberspace, Gary D. Brown

Penn State Journal of Law & International Affairs

No abstract provided.


Masthead, 2017 Penn State Law

Masthead

Penn State Journal of Law & International Affairs

No abstract provided.


War In The 21st Century And Collected Works, 2017 Penn State Law

War In The 21st Century And Collected Works

Penn State Journal of Law & International Affairs

No abstract provided.


Race And Justice Outcomes: Contextualizing Racial Discrimination And Ferguson, Jason M. Williams 2017 Montclair State University

Race And Justice Outcomes: Contextualizing Racial Discrimination And Ferguson, Jason M. Williams

Ralph Bunche Journal of Public Affairs

While scores of literature may hint at the tumultuous relationship between the criminal justice system and Blacks, such literature, however, fail to assess, comprehensively, the intersectional purpose of present criminal justice processes and race. This paper will examine contemporary applications of justice along racial lines. It is argued that current justice outcomes are advantageous to the status quo. It is no secret that the American system of justice has a race problem; however, if the goal is to administer justice then, as this paper argues, the current system needs to be seriously examined and rebuilt. The paper also argues that ...


Twenty Reasons To Publish In Dignity, Donna M. Hughes 2017 University of Rhode Island

Twenty Reasons To Publish In Dignity, Donna M. Hughes

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Limits To The Independent Anti-Corruption Commission Model Of Corruption Reform: Lessons From Indonesia, Leslie Gielow Jacobs, Benjamin B. Wagner 2017 Pacific McGeorge School of Law

Limits To The Independent Anti-Corruption Commission Model Of Corruption Reform: Lessons From Indonesia, Leslie Gielow Jacobs, Benjamin B. Wagner

Leslie Gielow Jacobs

No abstract provided.


Affording Fundamental Rights, Julie E. Cohen 2017 Georgetown University Law Center

Affording Fundamental Rights, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

Mireille Hildebrandt’s Smart Technologies and the End(s) of Law (2015) raises questions for law that are best characterized as meta-institutional. This review essay considers the implications of Hildebrandt’s work for the conceptualization of fundamental rights. One consequence of the shift to a world in which smart digital technologies continually, immanently mediate and preempt our beliefs and choices is that legal discourses about fundamental rights are revealed to be incomplete along a dimension that we have simply failed to recognize. To remain effective in the digital age, rights discourse requires extension into the register of affordances.


Newsroom: Law Scholarships For Syrian Refugees 01-26-2017, Karen Sloan, Roger Williams University School of Law 2017 National Law Journal

Newsroom: Law Scholarships For Syrian Refugees 01-26-2017, Karen Sloan, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Securing The Rule Of Law Through Interpretive Pluralism: An Argument From Comparative Law, Richard Stith 2017 Valparaiso University

Securing The Rule Of Law Through Interpretive Pluralism: An Argument From Comparative Law, Richard Stith

Richard Stith

Can law rule? For law to rule, it must be enforced. But when law is enforced, not it but its enforcers may rule. To bind those enforcers firmly to the law, they, too, would have to be subjected not only to law but also to a still stronger force—which itself may then be lawless. The very effort to secure the rule of law appears to lead instead to ever more powerful human rulers.

Put another way: If we abolish the police and the courts, in order to leave people truly “not under man but under God and the law ...


Imperio Del Derecho Versus Imperio De Los Jueces, Richard Stith 2017 Valparaiso University

Imperio Del Derecho Versus Imperio De Los Jueces, Richard Stith

Richard Stith

¿Es posible el imperio del derecho (rule of law)? El derecho, para imperar, debe ser impuesto. Pero cuando es impuesto, puede no ser el derecho mismo sino aquellos que lo imponen quienes imperen. Para sujetar estas autoridades firmemente al derecho, ellas también tendrían que estar sometidas no sólo al derecho mismo sino a una fuerza aún más poderosa que podría ser igualmente arbitraria. De este modo, el sólo esfuerzo por asegurar el imperio del derecho conduce a la creación de potenciales tiranos cada vez más poderosos.

Dicho de otro modo: si se suprimen la policía y los tribunales de justicia ...


Exile And Election: The Case For Barring Exiled Leaders From Contesting In National Elections, Fizza Batool 2017 Washington University School of Law

Exile And Election: The Case For Barring Exiled Leaders From Contesting In National Elections, Fizza Batool

Washington University Global Studies Law Review

During the twentieth century, the world witnessed a series of regime changes. Dictatorships, military coups, and fascist governments were rejected in favor of democratic values and principles. This change in governance seems to have continued into the twenty-first century, albeit with some major challenges in the implementation of a democratic system in States. One of the more alarming trends has been exiled leaders returning to their State to contest national elections despite facing serious criminal charges. This causes the developing democratic State’s legitimacy of governance, free and fair elections, accountability, and transparency to be threatened. Fragile States struggling to ...


What Investigative Resources Does The International Criminal Court Need To Succeed?: A Gravity-Based Approach, Stuart Ford 2017 John Marshall Law School

What Investigative Resources Does The International Criminal Court Need To Succeed?: A Gravity-Based Approach, Stuart Ford

Washington University Global Studies Law Review

There is an ongoing debate about what resources the International Criminal Court (ICC) needs to be successful. On one side of this debate are many of the Court’s largest funders, including France, Germany, Britain, Italy, and Japan. They have repeatedly opposed efforts to increase the Court’s resources even as its workload has increased dramatically in recent years. On the other side of the debate is the Court itself and many of the Court’s supporters within civil society. They have taken the position that it is underfunded and does not have sufficient resources to succeed. This debate has ...


The Law Of Interpretation, William Baude, Stephen E. Sachs 2017 Duke Law School

The Law Of Interpretation, William Baude, Stephen E. Sachs

Faculty Scholarship

How should we interpret legal instruments? How do we identify the law they create? Current approaches largely fall into two broad camps. The standard picture of interpretation is focused on language, using various linguistic conventions to discover a document's meaning or a drafter's intent. Those who see language as less determinate take a more skeptical view, urging judges to make interpretive choices on policy grounds. Yet both approaches neglect the most important resource available: the already applicable rules of law.

Legal interpretation is neither a subfield of linguistics nor an exercise in policymaking. Rather, it is deeply shaped ...


Rethinking Counterterrorism In The Age Of Isis, Sahar F. Aziz 2016 Texas A&M University School of Law

Rethinking Counterterrorism In The Age Of Isis, Sahar F. Aziz

Sahar F. Aziz

Failing states are havens for terrorism. A toxic combination of social, economic, and political crises attract violent extremist groups to establish bases in these lawless areas. As the groups grow in strength, the violence spreads from the immediate vicinity to the nation, region, and sometimes even other continents. One need only look to the terrorist attacks in New York, London, Madrid, and Paris as proof that terrorists operating out of failing states eventually set their sights on attacking Western capitals. Although the underlying causes of terrorism are often local, the violence is no longer constrained within a particular country or ...


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