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Arab Media Regulations: Identifying Restraints On Freedom Of The Press In The Laws Of Six Arabian Peninsula Countries, Matt J. Duffy 2014 Berkeley Law

Arab Media Regulations: Identifying Restraints On Freedom Of The Press In The Laws Of Six Arabian Peninsula Countries, Matt J. Duffy

Berkeley Journal of Middle Eastern & Islamic Law

No abstract provided.


Law As Faith, Faith As Law: The Legalization Of Theology In Islam And Judaism In The Thought Of Al-Ghazali And Maimonides, Shlomo C. Pill 2014 Berkeley Law

Law As Faith, Faith As Law: The Legalization Of Theology In Islam And Judaism In The Thought Of Al-Ghazali And Maimonides, Shlomo C. Pill

Berkeley Journal of Middle Eastern & Islamic Law

No abstract provided.


Migrant Workers' Access To Justice At Home: Nepal, Sarah Paoletti, Eleanor Taylor-Nicholson, Bandita Sijapati, Bassina Farbenblum 2014 University of Pennsylvania Law School

Migrant Workers' Access To Justice At Home: Nepal, Sarah Paoletti, Eleanor Taylor-Nicholson, Bandita Sijapati, Bassina Farbenblum

Faculty Scholarship

Nepal’s citizens engage in foreign employment at the highest per capita rate of any other country in Asia, and their remittances account for 25 percent of the country’s GDP. The Middle East is now the most popular destination for Nepalis--nearly 700,000 were working in the Middle East in 2011 on temporary labor contracts. For some Nepalis, working abroad provides much-needed household wealth. For others, their contributions to Nepal come at great personal cost. Migrant workers in the Gulf, for example, routinely report wage theft, lack of time off and unsafe and unhealthy working conditions. Some migrant workers ...


The Appeal Of Icsid Awards: How The Aminz Appellate Mechanism Can Guide Reform Of Icsid Procedure, Christopher Smith 2014 University of Georgia School of Law

The Appeal Of Icsid Awards: How The Aminz Appellate Mechanism Can Guide Reform Of Icsid Procedure, Christopher Smith

Georgia Journal of International & Comparative Law

No abstract provided.


2014 Seri Outreach - Eremo Monte Giove May 30-31, 2014, michele faioli 2014 SelectedWorks

2014 Seri Outreach - Eremo Monte Giove May 30-31, 2014, Michele Faioli

Michele Faioli

No abstract provided.


Workshop Libro Verde Bilateralità 26.5.14 Roma, michele faioli 2014 SelectedWorks

Workshop Libro Verde Bilateralità 26.5.14 Roma, Michele Faioli

Michele Faioli

No abstract provided.


Toward Greater Guidance: Reforming The Definitions Of The Foreign Corrupt Practices Act, Matthew M. Muma 2014 University of Michigan Law School

Toward Greater Guidance: Reforming The Definitions Of The Foreign Corrupt Practices Act, Matthew M. Muma

Michigan Law Review

The Foreign Corrupt Practices Act of 1977 is the cornerstone of the United States’ efforts to combat the involvement of U.S. companies and individuals in corruption abroad. Enforced by both the Securities and Exchange Commission (“SEC”) and the Department of Justice (“DOJ”), the Act targets companies and individuals that pay bribes to “foreign officials,” a nebulous category of persons that includes everyone from foreign cabinet members to janitors at companies only partially owned by a foreign state. After only sporadic enforcement in the early years of the Act’s existence, the SEC and DOJ now bring many cases annually ...


Jlia 3:1 - The Future Of International Criminal Justice, 2014 Penn State Law

Jlia 3:1 - The Future Of International Criminal Justice

Penn State Journal of Law & International Affairs

No abstract provided.


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 Consequentialist Aspirations?, Shahram Dana 2014 Penn State Law

The Limits Of Judicial Idealism: Should The International Criminal Court Engage With Consequentialist Aspirations?, Shahram 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 have 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.


A Family Tradition: Giving Meaning To Family Unity And Decreasing Illegal Immigration Through Anthropology, Micah Bennett 2014 Maurer School of Law: Indiana University

A Family Tradition: Giving Meaning To Family Unity And Decreasing Illegal Immigration Through Anthropology, Micah Bennett

Indiana Law Journal

My Note explores the family-preference provisions of the Immigration and Nationality Act and argues that they are far too limited, especially in light of the “family unity” policy that underscores the law. Using Mexico as a model, the Note relies on the discipline of anthropology to explain that family inherently drives immigration, and it refers to an allegory from a Mexican immigrant to demonstrate how the INA is ineffective. It then argues that immigration law could learn from anthropology—both its scholarship and its disciplinary ideals—to craft a more effective and better informed immigration law, which would further the ...


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 ...


Culture Wars: Rate Manipulation, Institutional Corruption, And The Lost Normative Foundations Of Market Conduct Regulation, Justin O'Brien 2014 Seattle University School of Law

Culture Wars: Rate Manipulation, Institutional Corruption, And The Lost Normative Foundations Of Market Conduct Regulation, Justin O'Brien

Seattle University Law Review

The global investigations into the manipulation of the London Interbank Offered Rate (Libor) have raised significant questions about how conflicts of interest are managed for regulated entities contributing to benchmarks. An alternative framework, which brings the management of the rate process under direct regulatory supervision, is under consideration, coordinated by the International Organization of Securities Commissions taskforce. The articulation of global principles builds on a review commissioned by the British government that suggests rates calculated by submission can be reformed. This paper argues that this approach is predestined to fail, precisely because it ignores the lessons of history. In revisiting ...


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