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Articles 1 - 19 of 19
Full-Text Articles in Law
Mcnaghten Rules Ok? The Need For Revision Of The Automatism And Insanity Defenses In English Criminal Law, R. D. Mackay
Mcnaghten Rules Ok? The Need For Revision Of The Automatism And Insanity Defenses In English Criminal Law, R. D. Mackay
Penn State International Law Review
There has been a resurgence of interest in the codification of "craziness" both in the United States and in England. Most recent legislative reforms in the United States have followed in the wake of the jury's verdict in the Hinckley case, whilst in England renewed interest in revising the insanity defense has been prompted by a report to the Law Commission on the codification of the criminal law. The purpose of this article is first to briefly review relevant reforms in the United States; second to critically analyze the present legal position in England; third to discuss English reform proposals; …
Volume 5 - Number 2: Table Of Contents
Volume 5 - Number 2: Table Of Contents
Penn State International Law Review
No abstract provided.
The United States Customs Service's Regulation Of Grey Market Imports: Does It Preserve The Broad Protections Afforded By Section 526 Of The Tariff Act Of 1930?, Pierrette Alyssa Newman
The United States Customs Service's Regulation Of Grey Market Imports: Does It Preserve The Broad Protections Afforded By Section 526 Of The Tariff Act Of 1930?, Pierrette Alyssa Newman
Penn State International Law Review
This Comment will evaluate whether the current import regulation of grey market goods is necessary in light of modern trademark theory. Section II gives an overview of the functions of a trademark, discusses registration procedures, and considers the effect of parallel imports in the international marketplace. Section III examines the relevant statutory provisions governing the importation of genuine goods, while Section IV analyzes the recent legislative attempt to codify Customs regulations and the impact this bill would have on the rights of the United States trademark owner as opposed to the consumer's interests. The Comment concludes by evaluating proposed solutions …
The Legality Of Nuclear Arms Under International Law, David M. Corwin
The Legality Of Nuclear Arms Under International Law, David M. Corwin
Penn State International Law Review
This Article will examine different uses of nuclear weapons and will assess the legality of these uses under positive and customary international law. It will conclude that any nuclear weapon would be encompassed by the prohibition against gas and other related weapons. In addition, it will conclude that in all but its most limited uses, weapons would cause unnecessary suffering, would fail to discriminate between combatants and noncombatants, and would violate the territoriality of neutrals. Even when defenses to violations of international law are available, this Article will demonstrate that the realities associated with the use of nuclear weapons necessitate …
Horizons International V. Baldridge, Glenn M. Campbell
Horizons International V. Baldridge, Glenn M. Campbell
Penn State International Law Review
No abstract provided.
Developments In European Product Liability, Ferdinando Albanese, Louis F. Del Duca
Developments In European Product Liability, Ferdinando Albanese, Louis F. Del Duca
Penn State International Law Review
The eight questions discussed in this article are as follows: (1) Why is new legislation needed in the field of product liability? (2) What should be the basis of a new regime of product liability? (3) Who should be liable? (4) What products should be subject to a new regime of product liability? (5) Who should be entitled to sue? (6) What defenses shall be allowed? (7) What damage should be compensated? (8) How long should the producer's liability last?
The International Fallout From Chernobyl, Victoria Riess Hartke
The International Fallout From Chernobyl, Victoria Riess Hartke
Penn State International Law Review
This Comment will examine the nuclear reactor accident at Chernobyl and its legal consequences in the international arena. In examining these consequences, several important doctrines of international law will also be discussed.
"It Is Better To Enter A Tiger's Mouth Than A Court Of Law" Or Dispute Resolution Alternatives In U.S.-China Trade, Steven N. Robinson, George R.A. Doumar
"It Is Better To Enter A Tiger's Mouth Than A Court Of Law" Or Dispute Resolution Alternatives In U.S.-China Trade, Steven N. Robinson, George R.A. Doumar
Penn State International Law Review
This article examines the influence Chinese attitudes toward law have upon the various methods of dispute resolution in United States-China trade. It concludes that, although reasonably effective mechanisms for the resolution of disputes are available, the primary emphasis of counsel should be to prevent the dispute from occurring through promoting informed negotiation of the original contract.
Self Doubts On Approaching Forty: The United Nations' Oldest And Only Collective Security Enforcement Army, The United Nations Command In Korea, Samuel Pollack
Self Doubts On Approaching Forty: The United Nations' Oldest And Only Collective Security Enforcement Army, The United Nations Command In Korea, Samuel Pollack
Penn State International Law Review
This paper discusses an anomaly: the United Nations Command in Korea - an international armed force established in 1950 by U.N. member states. Originally, designed to restore international peace and security in Korea, it has recently been questioned by the world organization that gave it life. The author reviews the culmination of events that resulted in the UNC's creation and its continuing viability as an international peace keeping tool.
Another Look At The Eec Judgments Convention: Should Outsiders Be Worried?, Bruce M. Landay
Another Look At The Eec Judgments Convention: Should Outsiders Be Worried?, Bruce M. Landay
Penn State International Law Review
This article addresses the problems of "exorbitant" jurisdiction under the EEC Judgments Convention. Specifically, the author discusses the threat that Article 4 of this document may be used by EEC members to exercise in personam jurisdiction against non-member states. The history and usage of "exorbitant" jurisdiction are discussed, with reference to its legal development, its application under the EEC convention, and its importance in terms of the Hague Draft Convention.
Coimterpurchase Contracts And Their Contractual Issues, Joseph J. Van Dort, Eliard Friese
Coimterpurchase Contracts And Their Contractual Issues, Joseph J. Van Dort, Eliard Friese
Penn State International Law Review
This article introduces the three main forms of countertrade, offering an overview of the legal problems attendant upon entering into a countertrade and counterpurchase agreement. Various contract provisions are examined, and an explanation is given as to the impact· of each.
Thinning Air, Better Beware: Chlorofluorocarbons And The Ozone Layer, Melissa S. Lobos
Thinning Air, Better Beware: Chlorofluorocarbons And The Ozone Layer, Melissa S. Lobos
Penn State International Law Review
This comment reviews the significant international measures taken to study, regulate and curtail problems caused by chlorofluorocarbons in the ozone layer, including the adoption of the "Montreal Protocol on Substances that Deplete the Ozone Layer" by twenty-four countries and the European Economic Community in September, 1987. Universal acceptance is proposed in order to solve the major problems of enforcing· regulatory actions, and to foster the development of alternatives to chlorofluorocarbons.
Ordinary People: Soviet-American Transnational Marriage And The International Implications Of Divided Spouses, Julia T. Garrett
Ordinary People: Soviet-American Transnational Marriage And The International Implications Of Divided Spouses, Julia T. Garrett
Penn State International Law Review
They are indeed ordinary people. This comment examines the problem of divided spouses and blocked marriages within the framework of international law and the complex realties of superpower politics between the United States and Soviet Union. The author utilizes illustrative cases, suggests remedies, and discusses the possible future international implications of leaving the issue unresolved.
Lions Over The Throne - The Judicial Revolution In English Administrative Law By Bernard Schwartz, N. David Palmeter
Lions Over The Throne - The Judicial Revolution In English Administrative Law By Bernard Schwartz, N. David Palmeter
Penn State International Law Review
No abstract provided.
Volume 6 - Number 1: Table Of Contents
Volume 6 - Number 1: Table Of Contents
Penn State International Law Review
No abstract provided.
Re-Evaluating Alien Exclusion In Light Of Aids, Kerry E. Voss
Re-Evaluating Alien Exclusion In Light Of Aids, Kerry E. Voss
Penn State International Law Review
The Immigration and Naturalization Service has adopted an AIDS testing program to screen individuals requesting permanent status in the United States. The comment discusses this complex disease and the accompanying legal ramifications on immigration law, given the traditional bases for exclusion of aliens.