Law Commons^™

Book Review: Business And Commercial Litigation In Federal Courts (Fourth), Roger Z. Bollman

Penn State Journal of Law & International Affairs

No abstract provided.

Failing Our Workers: How The Fmla And Rfra Disadvantage Female Workers In The United States When Compared To Their European Union Counterparts, Penelope Scudder

Penn State Journal of Law & International Affairs

No abstract provided.

One Size Fits All: Unaccompanied Alien Children And The Right To Appointed Counsel, Ginny Nunez, Esq.

Penn State Journal of Law & International Affairs

No abstract provided.

Child Soldiers In Myanmar: Role Of Myanmar Government And Limitations Of International Law, Prajakta Gupte

Penn State Journal of Law & International Affairs

No abstract provided.

The "Leniency Epidemic": A Study Of Leniency Granted To Convicted Rapists In America And Australia, Kathleen Tierney

Penn State Journal of Law & International Affairs

No abstract provided.

A Prescription To Cure The High Cost Of Pharmaceuticals In America, Anthony J. Jensen

Penn State Journal of Law & International Affairs

No abstract provided.

U.S. Policy In The Arctic: The Implications Of The South China Sea Arbitration Award On American Policy And Unclos, Brian Finneran

Penn State Journal of Law & International Affairs

No abstract provided.

How Principles Of Sharia Law Could Encourage Savings By America's Poor, Joseph M. Ruth

Penn State Journal of Law & International Affairs

No abstract provided.

Vigilante "Justice": The Need For An International Response To End President Duterte's Lawless Antidrug Campaign In The Philippines, Daniel Sawey

Penn State Journal of Law & International Affairs

No abstract provided.

Untangling The Complicated Relationship Between International Humanitarian Law And Human Rights Law In Armed Conflict, Waseem Ahmad Qureshi

Penn State Journal of Law & International Affairs

No abstract provided.

A Conceptual Incongruence Between International Laws Of Self-Defense And The International Core Crime Of Aggression, Salar Abbasi

Penn State Journal of Law & International Affairs

No abstract provided.

Nato, The Eu, And The Arab Refugee Crisis, Shams Al Din Al Hajjaji

Penn State Journal of Law & International Affairs

No abstract provided.

Pushing A Right To Abortion Through The Back Door: The Need For Integrity In The U.N. Treaty Monitoring System, And Perhaps A Treaty Amendment, Andrea Stevens

Penn State Journal of Law & International Affairs

No abstract provided.

Anti-Conversion Laws And The International Response, Meghan G. Fischer

Penn State Journal of Law & International Affairs

No abstract provided.

Foreward

Penn State Journal of Law & International Affairs

No abstract provided.

Table Of Contents

Penn State Journal of Law & International Affairs

No abstract provided.

Dedications

Penn State Journal of Law & International Affairs

No abstract provided.

Jlia Masthead 2017-2018

Penn State Journal of Law & International Affairs

No abstract provided.

Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?, Susan Saab Fortney

Susan S. Fortney

If you ask legal ethics scholars what they remember about Louis D. Brandeis's judicial confirmation hearings, most would point to the manner in which he responded to questions about his representation of persons with perceived conflicts of interest. Louis Brandeis responded to challenges by stating that he was "counsel for the situation. Some use this comment when examining problems associated with a single lawyer representing multiple clients in the same transaction. Others believe that Brandeis may have been referring to a type of intermediary role in which lawyers attempt to adjust the rights and interests of multiple clients with potentially …

Implementing Restorative Justice Programs In The Cal Poly Community, Bryce R. Fauble Iii

Liberal Arts and Engineering Studies

This paper is the result of a year-long senior project for the Liberal Arts and Engineering program at California Polytechnic State University. This paper attempts to educate the reader on what Restorative Justice is, why it faces challenges in the United States, and how it has been implemented, both in the United States and outside of it. In addition, this paper describes my own experience with implementing Restorative Justice Programs with both the city of San Luis Obispo and California Polytechnic State University. This experience includes the challenges that I faced along the way, and how these challenges are indicative …

State Court Litigation: The New Front In The War Against Partisan Gerrymandering, Charlie Stewart

Michigan Law Review Online

Partisan gerrymandering is the process of drafting state and congressional districts in a manner that gives one political party an advantage over another. The end goal is simple: help your party win more seats or protect existing ones. The tactic is as old as the United States. In 1788, Patrick Henry convinced the Virginia state legislature to draw the 5th Congressional District to pit his rival James Madison against James Monroe. The term “gerrymander” itself is a hybrid: in 1810, democratic Governor Gerry signed a partisan redistricting plan into law—one that contained a district that infamously looked like a salamander. …

The Case For Effective Environmental Politics: Federalist Or Unitary State? Comparing The Cases Of Canada, The United States Of America, And The People’S Republic Of China, Justin Fisch

University of Michigan Journal of Law Reform

Federalism, by its nature, is a segmented system of governance. The Canadian and American constitutional orders are divided along very clear lines of jurisdictional authority between levels of government. Environmental issues, by their nature, are holistic in scope—they transcend borders, governments, jurisdictions, and authorities. For this reason, one might assume that a unitary state would be better positioned to tackle them. Is this justified? This Article examines the Chinese unitary state, in comparison to the federalist systems in Canada and the United States of America, to discern whether a unitary government can better manage issues plaguing the environment.

Essay: Corporate Triplespeak: Responses By Investor-Owned Utilities To The Epa’S Proposed Clean Power Plan, Alan R. Palmiter

Brooklyn Law Review

During the year following the EPA’s proposed Clean Power Plan to regulate CO2 emissions in the power sector, the largest investor-owned electric utilities engaged in a curious triplespeak. Employing the moral language of political conservatives, the utilities focused on whether and how the EPA had transgressed its “traditional” regulatory role, thus altering the “structure” of energy federalism and potentially “degrading” orderly power supplies. In disclosure filings with the Securities and Exchange Commission, the utilities used the moral language of political libertarians, focusing on the “financial risks” that federal government “intervention” poses to efficient power “markets” and to the “freedom” of …

When At Loggerheads With Customary International Law: The Right To Run For Public Office And The Right To Vote, Thompson Chengeta

Brooklyn Journal of International Law

Many populist demagogues in America and Europe have spoken; and continue to speak; against human rights in their campaigns for political office. This article discusses the factors that have contributed to the current wave of populism; and the nature of the challenges that are presented by populism to democracy; human rights; and constitutionalism from an international human rights law perspective. It also focuses on President Donald Trump; who was voted President of the United States; even after he clearly and publicly indicated his support for torture and his intentions to approve it in the United States. To that end; the …

Implicit Bias's Failure, Samuel Bagenstos

Articles

The 2016 presidential election was a coming-out party of sorts for the concept of implicit bias-and not necessarily in a good way. In answering a question about race relations and the police during the vice-presidential debate, Mike Pence introduced the topic. Offering his explanation for why the Fraternal Order of Police had endorsed the Trump-Pence ticket, Pence said:

Whistleblowers—A Case Study In The Regulatory Cycle For Financial Services, Ronald H. Filler, Jerry W. Markham

Brooklyn Journal of Corporate, Financial & Commercial Law

The Securities and Exchange Commission and the Commodity Futures Trading Commission were directed by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) to create whistleblower protection programs that reward informants with massive bounty payments. At the time of its passage, the Dodd-Frank Act was a highly controversial statute that was passed on partisan lines. Its whistleblowing authority was one of its “most contentious provisions.” As the result of the 2016 elections, the Dodd-Frank Act has come under renewed attack in Congress and by the new Trump administration. The stage is being set for possible repeal of …

1911 Triangle Factory Fire — Building Safety Codes, Paul H. Robinson, Sarah M. Robinson

All Faculty Scholarship

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.

They offer some incredible stories about how people, good and bad, change the world around …

American Exceptionalism In Mass Incarceration, Isabell Murray

Global Honors Theses

American exceptionalism is often positively connotated; America’s exceptionalism often refers to the nation’s unique, progressive ideals of liberty during the nation’s founding, as well as the premise of a free Democratic Republic. While the United States of America has many positive and exceptional qualities, this research illustrates an unfortunate exceptional American quality: the mass incarceration of over 2.3 million people in the United States of America. This paper reviews the literature to understand the evolution of mass incarceration on the basis of three lines: the United States’ history of race, the nation’s governmental structure and the development of policy. Additionally, …

Foreword, Daniel B. Rodriguez

Northwestern University Law Review

No abstract provided.

Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley

Texas A&M Law Review

This Article revisits the state action doctrine, a judicial invention that shields “private” or “non-governmental” discrimination from constitutional scrutiny. Traditionally, this doctrine has applied to discrimination even in places of public accommodation, like restaurants, hotels, and grocery stores. Born of overt racial discrimination, the doctrine has inflicted substantial injustice throughout its inglorious history, and courts have continuously struggled in vain to coherently apply the doctrine. Yet, the United States Supreme Court has not fully insulated “private” or “horizontal” relations among persons from constitutional scrutiny. The cases in which it has applied constitutional norms to non-governmental actors should be celebrated rather …