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Articles 1 - 30 of 1401

Full-Text Articles in Law

Prosecuting With Compassion, Defending With Power: Progressive Prosecutors And The Case For Rehabilitative Justice, Cody Mcgraw May 2021

Prosecuting With Compassion, Defending With Power: Progressive Prosecutors And The Case For Rehabilitative Justice, Cody Mcgraw

Penn State Journal of Law & International Affairs

No abstract provided.


Suspended Sentencing In Spain: Why Their Model Could Alleviate Some Of America's Worst Federal Prison Issues, Ryan Lamon May 2021

Suspended Sentencing In Spain: Why Their Model Could Alleviate Some Of America's Worst Federal Prison Issues, Ryan Lamon

Penn State Journal of Law & International Affairs

No abstract provided.


Plastic Prohibition: The Case For A National Single-Use Plastic Ban In The United States, Margaret Kolcon May 2021

Plastic Prohibition: The Case For A National Single-Use Plastic Ban In The United States, Margaret Kolcon

Penn State Journal of Law & International Affairs

No abstract provided.


A Functional Framework To Balance Accountability With The Needs Of International Organizations:International Organization Immunity Post-Jam, Trillium Chang May 2021

A Functional Framework To Balance Accountability With The Needs Of International Organizations:International Organization Immunity Post-Jam, Trillium Chang

Penn State Journal of Law & International Affairs

Prior to 2019, international organizations were untouchable. These larger-than-life entities touch almost every corner of the international arena. Yet historically, international organizations enjoyed absolute immunity from liability in U.S. fora.


Champions Of Justice: The Role Of Civil Society In The International Criminal Court's Preliminary Examination And Investigation Into The Situation In Georgia, B. Aloka Wanigasuriya May 2021

Champions Of Justice: The Role Of Civil Society In The International Criminal Court's Preliminary Examination And Investigation Into The Situation In Georgia, B. Aloka Wanigasuriya

Penn State Journal of Law & International Affairs

In August 2008, an armed conflict erupted between Georgia and Russia in the pro-Russian breakaway region of South Ossetia. An estimated 850 lives were lost, and more than 100,000 civilians fled their homes during the conflict. On August 14, 2008, the Prosecutor of the International Criminal Court (ICC) announced the commencement of a preliminary examination into the situation in Georgia. Progress was slow. However, on January 27, 2016, Pre-Trial Chamber I granted authorization to the Prosecutor to open an investigation into the situation. In Georgia, despite the presence of the necessary domestic legislative framework for prosecuting international crimes, national ...


Decreasing Unintentional War: Governance Considerations For Regulating Lethal Autonomous Weapons Systems, Aiden Warren, Alek Hillas May 2021

Decreasing Unintentional War: Governance Considerations For Regulating Lethal Autonomous Weapons Systems, Aiden Warren, Alek Hillas

Penn State Journal of Law & International Affairs

While the introduction of futuristic technologies will establish new options and precedents for state responses to security scenarios, there are important lessons to be drawn from prior crises. Beginning with a case study of newly sworn-in leaders during their first major foreign policy ‘test,’ this article envisions changes to such security scenarios with reference to the development of policies on Lethal Autonomous Weapons Systems (LAWS). Leadership perceptions and the politics of human versus machine error, or sharing accountability of fault by states, is considered in the context of a detailed thought experiment. The second section of the article identifies enhanced ...


Reinterpreting The Reinterpretation: Collective Self-Defense As Constitutional Fidelity, C.D.A Evans, Aviel Menter May 2021

Reinterpreting The Reinterpretation: Collective Self-Defense As Constitutional Fidelity, C.D.A Evans, Aviel Menter

Penn State Journal of Law & International Affairs

As currently interpreted, Article 9 of the Japanese Constitution requires Japan’s Self-Defense Forces (JSDF) to operate in a purely defensive capacity. Recently, however, the United States has increasingly asked Japan to participate in joint military operations, in which Japanese forces would defend not only themselves, but also their American allies. This raises an important legal question: does Article 9 permit the JSDF engage in this kind of collective self-defense? Former Prime Minister Abe Shinzo believed so. After a government panel of legal experts found that collective self-defense was consistent with Article 9, the Abe administration adopted the panel’s ...


Foreward May 2021

Foreward

Penn State Journal of Law & International Affairs

No abstract provided.


Table Of Contents May 2021

Table Of Contents

Penn State Journal of Law & International Affairs

No abstract provided.


Dedication May 2021

Dedication

Penn State Journal of Law & International Affairs

No abstract provided.


Jlia Editorial Board & Staff May 2021

Jlia Editorial Board & Staff

Penn State Journal of Law & International Affairs

No abstract provided.


The Global Trade Accountability Act And Its Effects On Congressional Power And International Trade, Dallas Kephart Feb 2021

The Global Trade Accountability Act And Its Effects On Congressional Power And International Trade, Dallas Kephart

Penn State Journal of Law & International Affairs

No abstract provided.


Solving The Fentanyl Problem Beyond The Border: A Call For An International Solution, Agneta Hendershot Feb 2021

Solving The Fentanyl Problem Beyond The Border: A Call For An International Solution, Agneta Hendershot

Penn State Journal of Law & International Affairs

No abstract provided.


The Genie Is Out Of The Bottle: What Do We Wish For The Future Of Ai?, Kelly Carman Feb 2021

The Genie Is Out Of The Bottle: What Do We Wish For The Future Of Ai?, Kelly Carman

Penn State Journal of Law & International Affairs

No abstract provided.


The Globalization Of Hate: Are Domestic Terrorism Laws Sufficient To Quell New Threats From Alt-Right Lone-Wolf Extremists?, Jason J. Sullivan-Halpern Feb 2021

The Globalization Of Hate: Are Domestic Terrorism Laws Sufficient To Quell New Threats From Alt-Right Lone-Wolf Extremists?, Jason J. Sullivan-Halpern

Penn State Journal of Law & International Affairs

No abstract provided.


Refusing To Concede The Election: Defending Democracy By Expanding The G7 Rapid Response Mechanism, Taylor Hayes Feb 2021

Refusing To Concede The Election: Defending Democracy By Expanding The G7 Rapid Response Mechanism, Taylor Hayes

Penn State Journal of Law & International Affairs

The past decade is rife with examples of actions by nefarious groups to improperly interfere in democratic elections around the world, and it is time that democratic nations band together to effectively combat these interference efforts. More than two dozen nations around the world have fallen victim to some form of election interference. The United States and its allies have traced many of these interference campaigns to state actors, particularly the Russian government.

In 2018, the Group of Seven (G7) announced the creation of a Rapid Response Mechanism (G7 RRM). The aim of the G7 RRM is to limit the ...


An Evaluation Of The Water-Energy-Food Nexus And Its Alignment With The Sustainable Development Goals, Waseem Ahmad Qureshi Feb 2021

An Evaluation Of The Water-Energy-Food Nexus And Its Alignment With The Sustainable Development Goals, Waseem Ahmad Qureshi

Penn State Journal of Law & International Affairs

Since 2011, the water–energy–food (WEF) nexus has become a popular term, widely deliberated upon by policymakers and scholars alike around the world. It has been referred to with different acronyms, depending upon their foci of interest: WEF for hydro-centric researchers; EFW for energy securitization policy researchers; and FEW for agrarian-based policy frameworks. By contrast, environmentalists, who like to include the variable of climate change within the nexus to use it as a primary element of research, prefer to call it the CLEW (climate–land–energy–water) nexus. This paper is an attempt to explain the WEF nexus in ...


"Ufo": When The American Doctrine Of Ripeness Visited Israel, Mohammed S. Wattad Feb 2021

"Ufo": When The American Doctrine Of Ripeness Visited Israel, Mohammed S. Wattad

Penn State Journal of Law & International Affairs

As part of the gradual preparation for the incorporation of the American ripeness doctrine into Israeli law, it has been justified on a number of grounds. A fundamental discussion of the scope of the doctrine may be found in three important legal cases, which coined the term “the ripeness doctrine, Israel style.” A review of these cases reveals that while there is widespread consensus among the Israeli Supreme Court justices regarding the actual adoption of the ripeness doctrine, there is disagreement – and even confusion – regarding the manner of its implementation. In this article, I would like to present a principled ...


Foreword Feb 2021

Foreword

Penn State Journal of Law & International Affairs

No abstract provided.


Table Of Contents Feb 2021

Table Of Contents

Penn State Journal of Law & International Affairs

No abstract provided.


Dedication Feb 2021

Dedication

Penn State Journal of Law & International Affairs

No abstract provided.


Jlia Editorial Board & Staff Feb 2021

Jlia Editorial Board & Staff

Penn State Journal of Law & International Affairs

No abstract provided.


Ethnic Inferencing: The Unanswered Question Of S And Marper V. United Kingdom, Jamie Jones Sep 2020

Ethnic Inferencing: The Unanswered Question Of S And Marper V. United Kingdom, Jamie Jones

Penn State Journal of Law & International Affairs

No abstract provided.


From Isolation To Independence: A Comparison Study Of Juvenile Solitary Confinement Practices In The United States And Germany, Claire Banks Sep 2020

From Isolation To Independence: A Comparison Study Of Juvenile Solitary Confinement Practices In The United States And Germany, Claire Banks

Penn State Journal of Law & International Affairs

The “tough on crime” mentality originating in the 1980’s resulted in a crackdown of juvenile offenders for categorically non-dangerous crimes, leaving many to fend for themselves in high security prisons. An even more harrowing reality, tens of thousands of juvenile offenders in those state and federal prisons today are placed in solitary confinement for week or months on end. Extensive research indicates that solitary confinement has devastating effects on human development, mental soundness, and emotional coping – effects that, unsurprisingly, are much more devastating for juveniles than adults – signaling a desperate need for change. Looking to Germany as a model ...


Is This Belt One Size Fits All? China's Belt And Road Initiative, John C. Byrnes Sep 2020

Is This Belt One Size Fits All? China's Belt And Road Initiative, John C. Byrnes

Penn State Journal of Law & International Affairs

Widely considered one of the largest and most ambitious infrastructure projects in human history, China’s Belt and Road Initiative [BRI] has made major headway since its inception in 2013. Although the BRI is formally adopted under the Chinese Communist Party Constitution as an initiative to secure “shared growth through discussion and collaboration,” the BRI is much more than these words convey. This Comment briefly introduces an overview of the BRI, including its components and early research on its effects on participating countries and regions. The Comment then conducts an in-depth analysis of four countries who have participated in the ...


The Role Of International Human Rights Law In The Adjudication Of Economic, Social, And Cultural Rights In Africa, John Mukum Mbaku Sep 2020

The Role Of International Human Rights Law In The Adjudication Of Economic, Social, And Cultural Rights In Africa, John Mukum Mbaku

Penn State Journal of Law & International Affairs

Since the adoption of the Universal Declaration of Human Rights in 1948, there has been significant progress in the recognition and protection of human rights around the world. The international community has, since 1948, adopted several treaties, which impose obligations on States Parties to make certain that the human and fundamental rights of their citizens are recognized and fully protected. Although human rights are considered the domain of international law, international legal scholars have argued that national governments—that is, the governments of States Parties—must function as the mechanisms for enforcing international human rights law. However, in order for ...


Hassle-Free Travel: Myrie V. Barbados And Freedom Of Movement In Caricom, Jane E. Cross Sep 2020

Hassle-Free Travel: Myrie V. Barbados And Freedom Of Movement In Caricom, Jane E. Cross

Penn State Journal of Law & International Affairs

No abstract provided.


A Tale Of Two Cities: Lhasa And Hong Kong In The Shadow Of Mao, Steven D. Mewha Sep 2020

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 Sep 2020

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 ...


Foreword Sep 2020

Foreword

Penn State Journal of Law & International Affairs

No abstract provided.