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2018

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Full-Text Articles in Law

Decriminalization Of Prostitution Policy: Amnesty International Punishes A Dissenting Member, Marcia R. Lieberman Sep 2018

Decriminalization Of Prostitution Policy: Amnesty International Punishes A Dissenting Member, Marcia R. Lieberman

Dignity: A Journal of Analysis of Exploitation and Violence

In 2016, Marcia Lieberman, a local group coordinator for Amnesty International, USA, was expelled by the board of directors for speaking out publicly against the new Policy on the Decriminalization of Sex Work. Amnesty used a little-known rule that prohibits a member from publicly opposing a position that Amnesty has taken. Lieberman writes about her experience and her view that Amnesty violated its fundamental principle of protecting free speech to silence her dissent.


Parameters – Full Issue – Spring 2018, Usawc Parameters Jun 2018

Parameters – Full Issue – Spring 2018, Usawc Parameters

The US Army War College Quarterly: Parameters

FEATURES: Special Commentary. “Right vs. Right: Personal Beliefs vs. Professional Obligations” by Linell A. Letendre and Martin L. Cook. Illusions of Victory. "LTG MacFarland: Insights on Illusions of Victory and Iraq” by Russell W. Glenn. “Avoiding Nation-Building: From Nixon to Trump” by Dominic Tierney. 21st Century Political Warfare. “Countering Russian Meddling in US Political Processes” by James P. Farwell. “Countering Russian Disinformation” by Timothy P. McGeehan. “Victory without Casualties: Russia’s Information Operations” by T. S. Allen and A. J. Moore. Special Relationships. “Brexit and the Anglo-American Security and Defense Partnership” by James K. Wither. “Brexit and Transatlantic Security” by Arthur …


Election Administration Within The Sphere Of Politics: How Bureaucracy Can Facilitate Democracy With Policy Decisions, Nicholas S. Martinez May 2018

Election Administration Within The Sphere Of Politics: How Bureaucracy Can Facilitate Democracy With Policy Decisions, Nicholas S. Martinez

FIU Electronic Theses and Dissertations

Public bureaucracy finds itself in a strange place at the intersection of political science and public administration. Political science finds that, within representative democracy, discretion granted to bureaucrats threatens the nature of democracy by subverting politicians who represent the will of the people – bureaucracy vs democracy. At the same time, public administration holds that, in the interest of promoting democracy, bureaucracy should be objective in its implementation of policy in a way that eliminates the influence of politics from decision-making – politics vs bureaucracy. Those positions are seemingly contradictory in nature. From one perspective, bureaucracy is undemocratic because it …


Protecting San Francisco Residents From The Wolves Of Wall Street: A Case Study, Jessica Lindquist May 2018

Protecting San Francisco Residents From The Wolves Of Wall Street: A Case Study, Jessica Lindquist

Master's Projects and Capstones

This research conducts the first deep data analysis of the public complaints filed to the Consumer Financial Protection Bureau's Consumer Complaint database by San Francisco residents. The case study highlights how consumer financial harms are a citywide problem: San Franciscans living at every income level and in every part of the city are struggling to resolve their financial issues with the wolves of Wall Street, the financial services industry. The recommendations center on what the city, particularly the San Francisco Office of Financial Empowerment, can do at a local level now that the Trump administration is focused on deregulating the …


Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program Jan 2018

Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program

Texas A&M Law Review

At a time when the U.S. refugee admissions program is under serious threat and the world’s displaced population is at its highest, this Report sets forth extensive recommendations regarding the United States’ role in protecting vulnerable refugees and compliance with its commitments under domestic and international law that together safeguard people fleeing persecution and fearing return to torture. The Report also identifies key national security reasons for supporting and enhancing the refugee program in keeping with U.S. foreign policy priorities. Additionally, the Report provides an in-depth discussion of the robust, multistep security-assessment mechanisms already in place for screening refugees; offers …


Tincher Unmasked, Frank J. Vandall Jan 2018

Tincher Unmasked, Frank J. Vandall

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.


The Rise Of Trump And The Death Of Civility, Keith Bybee Jan 2018

The Rise Of Trump And The Death Of Civility, Keith Bybee

Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University

According to supporters and opponents alike, Donald Trump has been an unconventional candidate and president. In this article, I evaluate the relationship between Trump’s unconventional behavior and the requirements of civility. I provide a definition of civility, and I explain why it makes sense to relate Trump’s actions to civil norms. I then discuss how civility is enacted, I examine criticisms of civility’s triviality, and I explore the ways in which civility may repress dissent and maintain hierarchy. Although I consider the degree to which Trump’s actions are strategic, I ultimately argue that Trump’s incivilities should be understood as an …


Masthead Jan 2018

Masthead

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.


A Jewish State And A State For All Of Its Citizens: Addressing The Challenge Of Israel’S Arab Citizens, Samuel Estreicher Jan 2018

A Jewish State And A State For All Of Its Citizens: Addressing The Challenge Of Israel’S Arab Citizens, Samuel Estreicher

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.


Issue Preclusion In Employment Arbitration After Epic Systems V. Lewis, Samuel Estreicher, Lukasz Swiderski Jan 2018

Issue Preclusion In Employment Arbitration After Epic Systems V. Lewis, Samuel Estreicher, Lukasz Swiderski

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.


Phantom Regulation: New Supreme Court Algorithm Changing Executive Power, Steven Ferrey Jan 2018

Phantom Regulation: New Supreme Court Algorithm Changing Executive Power, Steven Ferrey

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.


The Role Of The Teaching Scholar In Politically Charged Times, Marianne M. Jennings Jan 2018

The Role Of The Teaching Scholar In Politically Charged Times, Marianne M. Jennings

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.


Fcc Reorganization: How Replacing Silos With Functional Organization Would Advance Civil Rights, David Honig Jan 2018

Fcc Reorganization: How Replacing Silos With Functional Organization Would Advance Civil Rights, David Honig

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.


Masthead Jan 2018

Masthead

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.


Autonomous Vehicles: Problems And Principles For Future Regulation, Jeremy A. Carp Jan 2018

Autonomous Vehicles: Problems And Principles For Future Regulation, Jeremy A. Carp

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.


Liberty And Security: A Balanced Approach, Fritz Alhoff Jan 2018

Liberty And Security: A Balanced Approach, Fritz Alhoff

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.


The Sessions Memorandum And The Laws Of Physics: How Ag Sessions’ Policy On Federal Charging Could Accelerate An Emerging Doctrine Of Statutory Interpretation Based On Principles Of Over-Criminalization And Abuse Of Prosecutorial Discretion, Adeel Mohammad Bashir Jan 2018

The Sessions Memorandum And The Laws Of Physics: How Ag Sessions’ Policy On Federal Charging Could Accelerate An Emerging Doctrine Of Statutory Interpretation Based On Principles Of Over-Criminalization And Abuse Of Prosecutorial Discretion, Adeel Mohammad Bashir

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.


Implementing A Public Health Perspective In Fda Drug Regulation, Patricia J. Zettler, Margaret Foster Riley, Aaron S. Kesselheim Jan 2018

Implementing A Public Health Perspective In Fda Drug Regulation, Patricia J. Zettler, Margaret Foster Riley, Aaron S. Kesselheim

Faculty Publications By Year

There is, without question, a public health crisis in the United States arising from both illicit and prescription opioid misuse, addiction, and overdose. The Food and Drug Administration (FDA) is one regulator with an important role to play in minimizing the harms associated with prescription opioids, while also ensuring that prescription opioids are available for the evidence-based management of pain. One question, however, is to what extent the agency can consider in its decisions to approve opioids and keep existing ones on the market the provider and patient behaviors contributing to the epidemic. This is, in part, because FDA’s approval …


How The United States Withdrawal From The Trans-Pacific Partnership Benefits China, Daniel C. K. Chow, Ian Sheldon, William Mcguire Jan 2018

How The United States Withdrawal From The Trans-Pacific Partnership Benefits China, Daniel C. K. Chow, Ian Sheldon, William Mcguire

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.


Originalism And The General Concurrence: How Originalists Can Accommodate Entrenched Precedents While Reining In Commerce Clause Doctrine, William James Seidleck Jan 2018

Originalism And The General Concurrence: How Originalists Can Accommodate Entrenched Precedents While Reining In Commerce Clause Doctrine, William James Seidleck

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.


“Long Past Time”: Cedaw Ratification In The United States, Rangita De Silva De Alwis, Amanda Martin Jan 2018

“Long Past Time”: Cedaw Ratification In The United States, Rangita De Silva De Alwis, Amanda Martin

University of Pennsylvania Journal of Law and Public Affairs

More than 70 years after Eleanor Roosevelt pioneered the drafting of the Universal Declaration of Human Rights, the US has not ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW or what is known as the global Bill of Rights for Women). The Trump administration is planning measures such as paid parental leave and child care legislation which are supported by the CEDAW. Despite the Trump administration's caution about human rights treaties, we argue that an enlightened self-interest on the part of the administration will draw it towards the CEDAW ratification despite the ratification being …


The Economics Of Immigration Reform, Howard F. Chang Jan 2018

The Economics Of Immigration Reform, Howard F. Chang

All Faculty Scholarship

In this article, I draw upon economic theory and recent empirical work on the economic and fiscal effects of immigration to evaluate some recent proposals for immigration reform in terms of their effects on the economic welfare of natives in the United States. In particular, I consider the Reforming American Immigration for a Strong Economy (RAISE) Act, a bill that would cut immigration to half of its current level. President Donald Trump has endorsed the RAISE Act and has insisted that many of its provisions be part of any legislation legalizing the status of unauthorized immigrants granted relief under the …