Law Commons^™

A Tale Of Two Cities: Lhasa And Hong Kong In The Shadow Of Mao, Steven D. Mewha

Penn State Journal of Law & International Affairs

No abstract provided.

The Rise Of American Conservatism In Israel, Rafi Reznik

Penn State Journal of Law & International Affairs

The American fascination with the link between interpretive methodology and political ideology rarely reaches beyond its borders. This Article offers a comparative case study, which converses with the American example—Israel. A twofold argument is offered to facilitate this conversation. First, the Article identifies a shift in the ideological climate of the Supreme Court of Israel, manifested in the rise of a new interpretive method. For the first time, the interpretive theory prevailing in Israel, Purposive Interpretation, faces a viable competitor. The Article unpacks the challenges posed by the new theory, termed Purposive Originalism, in methodology as well as underlying understanding …

Foreword

Penn State Journal of Law & International Affairs

No abstract provided.

Table Of Contents

Penn State Journal of Law & International Affairs

No abstract provided.

Dedication

Penn State Journal of Law & International Affairs

No abstract provided.

Jlia Editorial Board & Staff

Penn State Journal of Law & International Affairs

No abstract provided.

Getting The Most Out Of Extractive Industries Transparency: How A More Explicit Treatment Of Political Considerations Could Strengthen The Impact Of Transparency Efforts, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

Work on transparency in the extractive industries (EI) has achieved important successes over the last two decades. For example, significant commitments to disclosure have been secured, the volume of publicly available information about critical activities has increased considerably, and norms around certain information being in the public domain have been established. There is also a growing library of use cases for this information. Nonetheless, important work remains to be done to translate these efforts into impact.

Political context is crucial to determining the fate of transparency efforts. Therefore, grappling with political context more effectively will also be key to unlocking …

Despite Eld’S Lengthy Statement On Ge2020, Some Key Questions Remain Unanswered, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Singaporeans went to the polls on July 10 amid an unprecedented set of public health and safety precautionary measures put in place to prevent the spread of Covid-19 infections. Among other things, GE2020 would also be remembered for long queues at some polling stations and the less than positive voter experience. There was also the first-ever extension of polling hours nationwide by two hours to 10pm.

Lawyers Democratic Dysfunction, Leah Litman

Articles

As part of the symposium on Jack Balkin and Sandy Levinson’s Democracy and Dysfunction, this Article documents another source of the dysfunction that the authors observe—elite lawyers’ unwillingness to break ranks with other elite lawyers who participate in the destruction of various norms that are integral to a well-functioning democracy. These network effects eliminate the possibility of “soft” sanctions on norm violators such as withholding future professional advancement. Thus, rather than enforcing norms and deterring norm violations, the networks serve to insulate norm violators from any meaningful accountability.

Forward: State Enforcement In An Interstate World, Margaret H. Lemos

BYU Law Review

“State Enforcement in an Interstate World” is an important topic—fully deserving of all the attention it has received. Past commentators on this topic have generally treated the federal government as a unitary entity. Building on prior work on the subject, this Article explores the polycentric nature of federal regulatory authority and shows how cooperation and rivalry have long been dominant realities of the modern administrative state. The Article discusses how these dynamics complicate analysis of state enforcement in an interstate world and identifies strategies for reducing the frequency and magnitude of the seemingly inevitable conflicts.

‘Moules & Frites’: De Valtònyc A Josep Miquel O La Transformació D’Un Bandoler Adolescent, Antoni Pizà

Publications and Research

A mitjans de maig del 2018, la Policía Nacional de Palma va crear un dispositiu preventiu per evitar la fuga del raper (cantant, músic, rimador, provocador) Josep Miquel Arenas Beltrán (Sa Pobla, 1993) conegut com a Valtònyc. L’artista acabava de ser condemnat per l’Audiencia Nacional i el Tribunal Supremo a tres anys i mig de presó i una multa de tres mil euros. Els càrrecs eren tan greus com inaudits: enaltiment del terrorisme i humiliació de víctimes, calúmnies i injúries a la Corona i amenaces a un individu.

The Rise And Fall Of Clean Air Act Climate Policy, Nathan Richardson

Michigan Journal of Environmental & Administrative Law

The Clean Air Act has proven to be one of the most successful and durable statutes in American law. After the Supreme Court’s 2008 decision in Massachusetts v. EPA, there was great hope that the Act could be brought to bear on climate change, the most pressing current environmental challenge of our time. Massachusetts was fêted as the most important environmental case ever decided, and, upon it, the Environmental Protection Agency under President Obama built a sweeping program of greenhouse gas regulations, aimed first at emissions from road vehicles, and later at fossil fuel power plants. It was the most …

Undefeated - Women In Politics Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Women in Politics poster

Women identified are Geraldine Ferraro, Ella Grasso, Hillary Clinton, Minnie Buckingham Harper, Charlene Marshall, Victoria Woodhull, Kama Harris. A description of Suffrage Buttons is included

Is This A Christian Nation?: Virtual Symposium September 25, 2020, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

One Step Forward, Two Steps Back: The Retrogression Of Governance Reform And Anti-Corruption Measure In Indonesia 1999–2001, Vishnu Juwono

Jurnal Politik

There were high hopes that Gus Dur, after being appointed by the People Consultative Assembly (MPR) in 1999, would bring significant governance reform and more progressive anti-corruption measures for the first time because two top leaders (Gus Dur and Megawati) were from the opposition in the New Order era. This paper attempts to evaluate the governance reform and anti-corruption measures in 1999–2001. This paper argues that there was a valuable opportunity to push for further governance reforms and a bolder anti-corruption drive, as there was a legitimate political top leadership stemming from the free-and-fair election in 1999 embodied in the …

It’S Whose Party? Accurately Defining Political Parties In First Amendment Cases, Makade Claypool

BYU Law Review

No abstract provided.

Here’S Everything Libertarians Like Russ Diamond Get Wrong About Mask-Wearing, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

An Anishinaabe Tradition: Anishinaabe Constitutions In Ontario, Leaelle N. Derynck

Electronic Thesis and Dissertation Repository

Constitutionalism is an Anishinaabe legal tradition. This thesis explores modern Anishinaabe constitutions in Ontario, as they connect to traditional constitutionalism while meeting the unique governing needs of contemporary Anishinaabe First Nations communities. I address the scholarly and legal context in which these constitutional documents have been produced and shed an empirical light on these understudied legal instruments. Two questions shape this thesis: 1) what are the defining characteristics of Anishinaabe constitutions in Ontario; and, 2) what is their function within Anishinaabe communities? To answer these questions, I review both ratified and draft Anishinaabe constitutional documents of member communities of the …

N.Y.’S James Is Right To Go After The Nra For Fraud And Malfeasance. Seeking To Dissolve It Is A Step Too Far., Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Who Is A Refugee?: Twenty-Five Years Of Domestic Implementation And Judicial Interpretation Of The 1969 Oaw And 1951 Un Refugee Conventions In Post-Apartheid South Africa, Tiyanjana Maluwa, Anton Katz

Indiana Journal of Global Legal Studies

As a party to the UN Refugee Convention and the OAU Refugee Convention, South Africa is obligated to apply international refugee law when addressing the protection needs of asylum seekers in the country. The Refugees Act, 1998 encapsulates the cardinal principles of the two conventions. This essay discusses how government officials and judges have interpreted and applied these principles in asylum application cases. These cases demonstrate that officials are either not always fully conversant with the legal obligations, incumbent upon the government, arising from both international law and domestic law or purposefully ignore them. For the most part, officials tend …

Authority And The Globalisation Of Inclusion And Exclusion: Author Meets Readers, Hand Lindahl, Christine Bell Prof, Friedrich Kratochwil, Hans-W. Micklitz, Carlos Thiebaut, Bert Van Roermund

Indiana Journal of Global Legal Studies

Authority is written against the background of intense resistance to globalization processes by a range of political movements and grassroots organizations. These processes are complex and have a variety of dimensions. One of these is the emergence of global legal orders, which I define, in a rough and ready manner, as relatively autonomous legal orders that claim or aspire to claim global validity for themselves. They too-most obviously the World Trade Organization (WTO)-are the butt of resistance. Whatever its forms and aspirations, resistance to globalization is fueled by their peculiar dynamic. Indeed, emergent global legal orders spawn massive exclusion when …

14th Parliament Has Weighty Duty Steering Singapore Into Post-Covid-19 Future, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In more ways than one, the five-year term of Singapore’s 14th Parliament has been and will be defined even before it begins. How this institution of the people’s representatives leads the nation amid the raging Covid-19 global pandemic and positions Singapore for the post-Covid world matters immensely.

Voting By Mail: Issues And Resources, Virginia A. Neisler

Law Librarian Scholarship

As the world navigates the worst pandemic in living memory, America has been faced with the prospect of holding a federal presidential election amid a public health crisis. In the spring of 2020, when the coronavirus began to spread rapidly in the United States, election officials in many states opted to extend absentee voting deadlines or postpone elections altogether to reduce the risk of disease transmission. In anticipation of a resurgence of COVID-19 in the fall, the scheduled November election has caused concern for many officials who have searched for potential solutions to make the upcoming presidential election safer.

Aspects Of Precolonial Isoko Socio-Political Relations With Their Neighbours In South Central Nigeria, Uwomano Benjamin Okpevra

International Review of Humanities Studies

This work focused on aspects of pre-colonial Isoko socio-political relations with their neighbours in the Niger Delta region of South Central Nigeria. It attempts to illuminate the nexus between internal and external dynamics and the concomitant changes and continuities in Isoko relations with their Urhobo, Ijaw, Ukwuani and Aboh neighbours. The work is premised on the historical method and interpretations deploying primary and secondary data to achieve its objective. The study concludes that intergroup relations in the region is largely influenced by their somewhat common ancestral origin; geographical contiguity; a shared common environmental and cultural practices; and the experience of …

The Death Of Non-Resident Contribution Limit Bans And The Birth Of The New Small, Swing State, George J. Somi

William & Mary Bill of Rights Journal

New Hampshire’s 1st Congressional District race in 2018 featured an eye-popping number: 96.7. That figure represents the percentage of candidate Maura Sullivan’s individual contributions derived from out-of-state, non–New Hampshire donors. In August 2018, of the $1.37 million USD of individual contributions that Sullivan had raised, only 3.3%—$46,648 USD—originated from in-state contributors. Sullivan had received individual donations amounting to $497,405 USD from Boston, $216,359 USD from New York City, $101,562 USD from the Washington, D.C. metropolitan area, and $92,371 USD from San Francisco.

In nearby Maine, campaign finance reports filed on October 15, 2019, with the Federal Election Commission (FEC) indicate …

In Harrisburg And D.C., The Gop Meddling With Our Courts Is A Threat To Democracy, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The International Health Regulations (2005), The Threat Of Populism And The Covid-19 Pandemic, Kumanan Wilson, Sam F. Halabi, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The global response to the COVID-19 pandemic has laid bare weaknesses and major challenges in the international approach to managing public health emergencies. Populist sentiment is spreading globally as democratic nations are increasing their support for or electing governments that are perceived to represent “traditional” native interests. Measures need to be taken to proactively address populist sentiment when reviewing the IHR (2005) effectiveness in the COVID-19 pandemic. We discuss how populism can impact the IHR (2005) and conversely how the IHR (2005) may be able to address populist concerns if the global community commits to helping states address public health …

The Firm-Perceived Contingencies To Political Strategy, Jessica Zeiss, Les Carlson

Association of Marketing Theory and Practice Proceedings 2020

Because assumptions that firm decisions to manage external politics revolve around traditional resources and capabilities (e.g., capital, technology) impede environmental management theories, this research explores additional antecedents, i.e., perceived uncertainty, firm political infrastructure. Study One qualitative data support ideas related to management as a matter of a firm’s perceptually constructed environment among deterministic firms. Study Two quantitative data find a strategic choice firm orientation is developed through management structures (e.g., specialized staff, routines), despite post-hoc analyses confirming both firm types operate in similar environments. Combined, these studies disconfirm traditional resources as a driver of firm political activity. Moreover, Study Two …

Empirical Evidence Of The Marketing And Corporate Political Activity Interface In Firm Strategy, Jessica Zeiss

Association of Marketing Theory and Practice Proceedings 2020

This qualitative research seeks to shed light on the manner in which marketing and corporate political activity (CPA) interface through senior-level managers acting as key informants. Relying on transcendental phenomenology (n = 41) and grounded theory (n = 402) methods, respectively, Study One uncovers a set of activities difficult to distinguish as either marketing or politics, i.e., legitimacy branding, with Study Two invalidated legitimacy branding as a traditional political strategy. Legitimacy branding’s key characteristics –1) branded reputations, 2) nonmarket targets, 3) for proactive control – position it as marketing-based CPA. While such strategy is generally consistent with previous findings, they …

Pandemic Response As Border Politics, Michael R. Kenwick, Beth A. Simmons

All Faculty Scholarship

Pandemics are imbued with the politics of bordering. For centuries, border closures and restrictions on foreign travelers have been the most persistent and pervasive means by which states have responded to global health crises. The ubiquity of these policies is not driven by any clear scientific consensus about their utility in the face of myriad pandemic threats. Instead, we show they are influenced by public opinion and preexisting commitments to invest in the symbols and structures of state efforts to control their borders, a concept we call border orientation. Prior to the COVID-19 pandemic, border orientation was already generally …