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Articles 1 - 30 of 6736

Full-Text Articles in Law

The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan Jun 2023

The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan

Theses and Dissertations

The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …


A Fraying Patchwork Quilt: International Law And Plastic Pollution, Dr. Gerry Nagtzaam Jun 2023

A Fraying Patchwork Quilt: International Law And Plastic Pollution, Dr. Gerry Nagtzaam

Villanova Environmental Law Journal

No abstract provided.


Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco Jun 2023

Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco

Villanova Environmental Law Journal

No abstract provided.


On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams Jun 2023

On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams

Villanova Environmental Law Journal

No abstract provided.


A Non-Exhaustive Overview Of Various Aspects Of Power And Power Dynamics From A Chinese Perspective: Governmental Power, Private Power, And Personal Power, Asen Velinov May 2023

A Non-Exhaustive Overview Of Various Aspects Of Power And Power Dynamics From A Chinese Perspective: Governmental Power, Private Power, And Personal Power, Asen Velinov

University of St. Thomas Law Journal

No abstract provided.


Wholesale-Level Clemency: Reconciling The Pardon And Take Care Clauses, Paul J. Larkin May 2023

Wholesale-Level Clemency: Reconciling The Pardon And Take Care Clauses, Paul J. Larkin

University of St. Thomas Law Journal

No abstract provided.


The Prerogative Of Mercy In Minnesota: Current Clemency Process And Recent Trends, Karl C. Procaccini May 2023

The Prerogative Of Mercy In Minnesota: Current Clemency Process And Recent Trends, Karl C. Procaccini

University of St. Thomas Law Journal

No abstract provided.


Clemency: Redeeming The Soul Of America, Cynthia W. Roseberry May 2023

Clemency: Redeeming The Soul Of America, Cynthia W. Roseberry

University of St. Thomas Law Journal

No abstract provided.


An Introduction To Clemency's Importance, Mark Osler May 2023

An Introduction To Clemency's Importance, Mark Osler

University of St. Thomas Law Journal

No abstract provided.


The “Deliberate Indifference” Standard Of Mental Health Care: How It Fails Unaccompanied Minors Seeking Asylum, Karina Virk May 2023

The “Deliberate Indifference” Standard Of Mental Health Care: How It Fails Unaccompanied Minors Seeking Asylum, Karina Virk

Penn State Journal of Law & International Affairs

No abstract provided.


Must China Pay? How Claims Against China For Covid-19 Reveal Flaws In The International Legal System That Make Accountability Impractical, Talia Danielle Sturkie May 2023

Must China Pay? How Claims Against China For Covid-19 Reveal Flaws In The International Legal System That Make Accountability Impractical, Talia Danielle Sturkie

Penn State Journal of Law & International Affairs

No abstract provided.


Semi-Presidentialism: A Pathway To Democratic Backslide, Connor Mcafee May 2023

Semi-Presidentialism: A Pathway To Democratic Backslide, Connor Mcafee

Penn State Journal of Law & International Affairs

No abstract provided.


A Path For Cooperation Between Law Schools In China And The United States, Bryant Walker Smith, Ying Wang, Leighton Carlock, Karman Lucero May 2023

A Path For Cooperation Between Law Schools In China And The United States, Bryant Walker Smith, Ying Wang, Leighton Carlock, Karman Lucero

Penn State Journal of Law & International Affairs

No abstract provided.


Enforcing Arbitral Awards Against States And The Defense Of Sovereign Immunity From Execution: A U.S. Perspective, Ylli Dautaj May 2023

Enforcing Arbitral Awards Against States And The Defense Of Sovereign Immunity From Execution: A U.S. Perspective, Ylli Dautaj

Penn State Journal of Law & International Affairs

No abstract provided.


The Jus Ad Bellum In Cyberspace: A New Framework, M. Walker Brunner May 2023

The Jus Ad Bellum In Cyberspace: A New Framework, M. Walker Brunner

Penn State Journal of Law & International Affairs

No abstract provided.


Taking Exception To Criminal Justice Reforms That Fail To Transform: Using Transitional Justice To End The Carceral State, Angela A. Allen-Bell May 2023

Taking Exception To Criminal Justice Reforms That Fail To Transform: Using Transitional Justice To End The Carceral State, Angela A. Allen-Bell

Penn State Journal of Law & International Affairs

No abstract provided.


Foreword May 2023

Foreword

Penn State Journal of Law & International Affairs

No abstract provided.


Table Of Contents May 2023

Table Of Contents

Penn State Journal of Law & International Affairs

No abstract provided.


Dedication May 2023

Dedication

Penn State Journal of Law & International Affairs

No abstract provided.


Amending Amendments: Digital Colonialism, Bill C-11, And Assessing The Call For Improvement, Kayla Victoria Destiny Clarke May 2023

Amending Amendments: Digital Colonialism, Bill C-11, And Assessing The Call For Improvement, Kayla Victoria Destiny Clarke

Major Papers

Media scholars Nick Couldry and Ulises Mejias (2019) define digital colonialism as the “term for the extension of a global process of extraction that started under colonialism and continues through industrial capitalism, culminating in today's new form: instead of natural resources in labor, what is now being appropriated is human life through its conversion into data” (p. 22). This research will critically analyze the Canadian government’s ill-received Bill C-11: the Amended Consumer Privacy Protection Act by using digital colonialism as a conceptual framework to reveal the Bill’s essential limitations. It will consist of two sections: 1) an in-depth exploration of …


Political Theory And The Volunteer: Lessons From Kahn’S Ethnography Of ‘Our Unhappy Politics’, Benjamin Berger May 2023

Political Theory And The Volunteer: Lessons From Kahn’S Ethnography Of ‘Our Unhappy Politics’, Benjamin Berger

All Papers

This article offers a reading of Paul Kahn’s Democracy in Our America that places this intimate “work of local political theory” in a central position in the landscape of his political thought. The article argues that the figure of the volunteer, as it appears in the volume, holds a space for love and meaning—and for political happiness—that secures for it a critical role in the system of beliefs and practices that sustain self-government in the United States. That framing draws the volunteer into relationship with Kahn’s thinking about the family, the veteran, and law. But it also means that the …


Abortion In America After Roe: An Examination Of The Impact Of Dobbs V. Jackson Women’S Health Organization On Women’S Reproductive Health Access, Natalie Maria Caffrey May 2023

Abortion In America After Roe: An Examination Of The Impact Of Dobbs V. Jackson Women’S Health Organization On Women’S Reproductive Health Access, Natalie Maria Caffrey

Senior Theses and Projects

This thesis will examine the limitations in access to abortion and other necessary reproductive healthcare in states that are hostile to abortion rights, as well as discuss the ongoing litigation within those states between pro-choice and pro-life advocates. After analyzing the legal landscape and the different abortion laws within these states, this thesis will focus on the practical consequences of Dobbs on women’s lives, with particular attention to its impact on women of color and poor women in states with the most restrictive laws. The effect of these restrictive laws on poor women will be felt disproportionately due to their …


Prostitution And Pornography: Reforming A Perspective, Mayce Combs May 2023

Prostitution And Pornography: Reforming A Perspective, Mayce Combs

Helm's School of Government Conference

Happiness is a subjective emotion that can quickly be twisted by the depravity of humanity’s sinful nature. Human trafficking deprives an individual’s natural right to life, liberty, and their pursuit to happiness. Of the two divisions of human trafficking, sex trafficking, especially involving children, is the most despicable and most evolved. The United States and further the state of Virginia is a crucial player in combating human trafficking. While there are currently many successful tactics state governments and nonprofit groups are utilizing in order eliminate human trafficking there are further more intense strategies the Virginia State Government should implement. One …


Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady May 2023

Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady

Helm's School of Government Conference

Although only four departments at the United States’ founding, the American bureaucracy has expanded to address nearly every issue of public life. While these agencies are ostensibly under congressional oversight through monetary allowance and the supervision of the President as part of the executive branch, they consistently usurp their discretionary authority and bypass the Founders’ design of legislative power vested solely in a bicameral legislature.

The Supreme Court holds an indispensable role in mitigating the overreach of bureaucratic agencies. However, despite their obligation to protect the rights of the American people, the courts’ inability to hold bureaucrats accountable has diluted …


Trade, Globalism, And The American System, Johnny B. Davis May 2023

Trade, Globalism, And The American System, Johnny B. Davis

Helm's School of Government Conference

No abstract provided.


Renovating America's Electrical Grid: Renewable Sources And Resilient Delivery, Justin O'Hare Giffee May 2023

Renovating America's Electrical Grid: Renewable Sources And Resilient Delivery, Justin O'Hare Giffee

Student Theses 2015-Present

Since the late 1800s, America’s electrical grid systems have relied primarily upon fossil fuels for sources of electricity. Due to the outdated structural foundations and glaring holes in distribution networks, the existing electrical grids struggle with electricity escaping, and modern issues such as cybersecurity, resilience, and weather-related events associated with climate change. This essay discusses ongoing problems with current electric grid systems and aims at explaining the importance of incorporating renewables as a solution for these problems into a new grid system. In the first chapter, a detailed explanation is provided regarding the current issues present in America's grid systems. …


A Path To Achieve European Energy Security, Nicholas Wolf May 2023

A Path To Achieve European Energy Security, Nicholas Wolf

Student Theses 2015-Present

The apparatus of Europe’s energy security has collapsed. The Russian Federation’s invasion of Ukraine, hydrocarbon market turmoil, and the ever-growing threat of climate change has thrust the continent into crisis. As the risks of severe recession, acute energy shortages, and climatic disasters have begun to materialize, the member states of the European Union (EU) have been left scrambling to secure novel energy supplies. In the short-term, these developments pose severe risks to the EU and its member states. Yet, opportunity often presents itself in the midst of hardship, and the European Energy Crisis of 2022 is no different. This essay …


Mentoring Programs: An Answer To The Cultural & Social Challenge Of Juvenile Rehabilitation, Isaiah Franqui May 2023

Mentoring Programs: An Answer To The Cultural & Social Challenge Of Juvenile Rehabilitation, Isaiah Franqui

Helm's School of Government Conference

The juvenile delinquency epidemic in the United States has been approached using many methods. This paper is an attempt to showcase one method that is often glanced over, but may provide the best solution yet. A new promising outlook for the overall well-being of juveniles within the criminal justice system is the formation of mentoring programs. These programs connect at-risk youth and/or current juvenile delinquents to a mentor who, in turn, can help shift the direction of their lives. They often take place within community centers throughout the day and can present themselves in a number of different methods. Through …


Privacy Lost: How The Montana Supreme Court Undercuts The Right Of Privacy, Kevin Frazier May 2023

Privacy Lost: How The Montana Supreme Court Undercuts The Right Of Privacy, Kevin Frazier

Seattle Journal of Technology, Environmental & Innovation Law

In 1972, Montanans ratified a new constitution that included a “right of privacy.” The plain text of the provision fails to express the intent of the Framers who not only intended to afford Montanans a right, but also to impose a responsibility on the State to continuously and thoroughly examine State practices in light of evolving means of invading residents’ privacy. This intent has gone unrealized despite the fact that the intent of the Framers is clear, readily available, and the primary source state courts ought to use when interpreting the Constitution. This article delves into the transcripts of the …


Vertical Farming: A Bottom-Up Approach, Michael Martinez May 2023

Vertical Farming: A Bottom-Up Approach, Michael Martinez

Seattle Journal of Technology, Environmental & Innovation Law

The twenty-first century will require innovative solutions to address the effects of climate change. Vertical farming is one solution that could help conserve a significant amount of freshwater and reduce the agricultural industry’ s overuse of pesticides and intensive tilling practices, which contributes to soil erosion and pesticide runoff. There has been significant investment in vertical farming in every region of the United States; however, the cost to produce foods with vertical farming remains more costly than traditional farming, which is in large part due to the substantial amount of electricity needed to power all the technology required to grow …