Law Commons^™

Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia

Ahmed E SOUAIAIA

The 'Arab Spring' that began in 2011 has placed a spotlight on the transfer of political power in Islamic societies, reviving old questions about the place of political dissent and rebellion in Islamic civilization and raising new ones about the place of religion in modern Islamic societies.

In Anatomy of Dissent in Islamic Societies, Ahmed E. Souaiaia examines the complex historical evolution of Islamic civilization in an effort to trace the roots of the paradigms and principles of Islamic political and legal theories. This study is one of the first attempts at providing a fuller picture of the place of …

Avoiding The Subject: The Opium War, Opium-Markets, And The Exclusion Of Chinese Laborers In The United States, Canada, And Mexico, Olivia L. Blessing

Olivia L Blessing

The 19th century saw significant increases in the number of Chinese immigrants entering North America, most significantly on the west coast of the United States. Already facing increasing divide amongst the American population over the issue of the Opium Wars and the resulting Opium-addiction amongst the Chinese, the United States found itself now confronting the problem in the form of immigrant workers. Although the Opium Wars and the issue of the Chinese Opium Dens were highly disputed outside the courts, the State and Federal courts surprisingly avoided discussing the topic in their legislative discussions surrounding the Chinese Exclusion Act of …

A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili

UNLV Theses, Dissertations, Professional Papers, and Capstones

The death penalty has been a contested issue throughout American history. The United States has been executing offenders since Jamestown became a colony in 1608 (Allen & Clubb, 2008). Since that time, many issues have been raised about the death penalty including whether or not it is moral, discriminatory, or a deterrent.

This study examines the history of executions, including lynchings, in the United States from 1608 to 2009 using a variety of sociological theories on law and society. Some of the research questions that guide this project are:

* What is the nature of change in the relative prevalence …

Is The Law Of Armed Conflict Outdated?, Sibylle Scheipers

The US Army War College Quarterly: Parameters

No abstract provided.

Commentaries And Replies, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Economic Statecraft: China In Africa, Douglas W. Winton

The US Army War College Quarterly: Parameters

No abstract provided.

Rebalancing Us Military Power, Anna Simons

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

A War Examined: Operation Iraqi Freedom, 2003, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

The True Tragedy Of American Power, Isaiah Wilson Iii

The US Army War College Quarterly: Parameters

No abstract provided.

The Coming Financial Wars, Juan C. Zarate

The US Army War College Quarterly: Parameters

No abstract provided.

Repurposing Cyber Command, Frank J. Cilluffo, Joseph R. Clark

The US Army War College Quarterly: Parameters

No abstract provided.

Artile Index, Vol. 43, 2013, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

What The Qdr Ought To Say About Landpower, Francis G. Hoffman

The US Army War College Quarterly: Parameters

No abstract provided.

Redirecting Us Diplomacy, James Goodby, Kenneth Weisbode

The US Army War College Quarterly: Parameters

No abstract provided.

Defeating Violent Nonstate Actors, Robert J. Bunker

The US Army War College Quarterly: Parameters

No abstract provided.

Confronting Africa's Sobels, Robert L. Feldman, Michel Ben Arrous

The US Army War College Quarterly: Parameters

No abstract provided.

Waging Financial War, David J. Katz

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Symposium - The U.S.-Iranian Relationship And The Future Of International Order

Penn State Journal of Law & International Affairs

No abstract provided.

2012-13 Jlia Masthead

Penn State Journal of Law & International Affairs

No abstract provided.

Protecting Shareholders From Themselves: How The United Kingdom’S 2011 Takeover Code Amendments Hit Their Mark, Matthew Peetz

Penn State Journal of Law & International Affairs

Kraft’s takeover of Cadbury in 2011 caused considerable uproar in the United Kingdom. The political outcry caused significant amendments to the United Kingdom’s regulatory framework over mergers and acquisitions, the so-called, Takeover Code. These changes to the Takeover Code were made to help relieve pressure on target companies during takeover situations, and to correct the imbalance of power in favor of bidding companies that the political community had perceived during the Kraft-Cadbury takeover. After the changes were made, but before they were implemented, the business community expressed concern that these added regulations would be detrimental to the M&A market as …

The Case Of Christmas Island: How International Law Affects The Australian-Malaysian Refugee Deal, Ria Pereira

Penn State Journal of Law & International Affairs

In July 2011, Australia and Malaysia entered into an arrangement in which Australian asylum seekers would be removed to neighboring Malaysia to have their asylum claims processed. Following widespread criticism in the media, Australia’s High Court ruled that such a deal violated Australia’s refuges protection laws. While this ruling should have put an end to the deal, Australia’s Immigration Minister indicated that the agreement might nevertheless be feasible. Policy makers proposed amending Australian domestic immigration laws to allow the deal to go forward unencumbered. A bill to amend Australia’s Migration Act was subsequently introduced. As it currently stands, Australian law …

The Cost Of Fear: An Analysis Of Sex Offender Registration, Community Notification, And Civil Commitment Laws In The United States And The United Kingdom, Kate Hynes

Penn State Journal of Law & International Affairs

Sex offenders are often seen as a notorious group in both the United States and the United Kingdom. The public opinion of the masses has often found its way into the laws which restrict the privacy and freedoms of many sex offenders. This comment will examine the often divergent trends in lawmaking and judicial authority in both countries in regard to sex offender registration, community notification, and civil commitment. Further, the comment will study the lasting effects on the sex offender population and potential civil rights implications.

How Precipitous A Decline? U.S.-Iranian Relations And The Transition From American Primacy, Hillary Mann Leverett

Penn State Journal of Law & International Affairs

This essay is grounded in two basic propositions. The first is that the greatest strategic challenge facing the United States is extricating its foreign policy from a well-worn but deeply counterproductive quest for hegemonic dominance in critical areas of the world, especially the Middle East. The second is that Washington’s handling of its relations with the Islamic Republic of Iran constitutes a crucial test of America’s capacity to put its foreign policy on a more productive and realistic trajectory. Since the Islamic Republic’s founding in 1979, Washington has refused to understand and accept the basic model underlying its political order—the …

The Prohibition On The Use Of Force For Arms Control: The Case Of Iran’S Nuclear Program, Mary Ellen O'Connell, Reyam El Molla

Penn State Journal of Law & International Affairs

International law does not permit the use of military force against Iran to attempt to end its nuclear program. The resort to military force in international relations is covered first and foremost by Article 2(4) of the United Nations Charter. Article 2(4) is a general prohibition on resort to force that includes resort to military force for arms control, including nuclear weapons control. The Charter has two express but limited exceptions to the ban on military force. A state that is the victim of a significant armed attack may use force in necessary and proportional self-defense; the United Nations Security …

Caroline Revisited: An Imagined Exchange Between John Kerry And Mohammad Javad Zarif, James W. Houck

Penn State Journal of Law & International Affairs

In 1837, sailors of Great Britain's Royal Navy sank the American ship the Caroline over Niagra Falls. Great Britain justified the incident the preemptive strike as an act of self-defense. Diplomats of the two nations negotiated a legal framework to guide future preemptive uses of force. In the face of twenty-first century nuclear weapons, however, the Caroline framework seems outdated and impractical. To date, Iran continues to develop their nuclear program, while refusing international inspectors full access to their centrifuges. The United States is committed to keeping a nuclear weapon out of Iran's hands. The United States and Iran …

Iran's Nuclear Program And International Law, Daniel H. Joyner

Penn State Journal of Law & International Affairs

In this article, Professor Daniel Joyner analyzes the legal arguments on both sides of the Iran nuclear issue. The article address what the sides regard as the relevant sources of international nuclear law, and their respective interpretations of these sources law. Professor Joyner argues that Iran’s case illustrates warped and incorrect legal interpretations of the Nuclear Nonproliferation Treaty and other sources of law, and a prejudicial and inconsistent application of the law by the West and by the International Atomic Energy Agency. The article posits that this warped interpretation of NPT obligations has led to a bleak future for the …

Npt: A Pillar Of Global Governance, Richard Butler

Penn State Journal of Law & International Affairs

The NPT is regarded as the cornerstone of nuclear arms control. It is the sole, widely agreed commitment in international law, to a world free of nuclear weapons. This fact and its operational mechanisms, establish NPT as a pillar of global governance. Any breakout from it, such as the development of nuclear weapons by Iran, a non-nuclear weapons state party to NPT, would jeopardize the future of the treaty and deeply harm the structure of contemporary global governance. If it chooses to do so, Iran cannot be prevented from taking such action by threatening it with the use of force, …

The Iranian Nuclear Issue, The End Of The American Century, And The Future Of International Order, Flynt L. Leverett

Penn State Journal of Law & International Affairs

How the U.S.-Iranian competition for influence in the Middle East plays out will have profound consequences not just for the Middle East, but also for the legal frameworks, rules-based regimes, and mechanisms of global governance that shape international order in the 21^st century. This is particularly true with regard to U.S.-Iranian disagreements over the Islamic Republic’s nuclear activities. Strategic competition between America and Iran and its implications for international order play out against a backdrop of the progressive diminution of U.S. leadership in world affairs. Relative decline challenges the United States to share the prerogatives of global governance, especially …