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Articles 1 - 27 of 27

Full-Text Articles in Law

Conflicts Of Interest: The Dutch Position, Floris Bannier Sep 2008

Conflicts Of Interest: The Dutch Position, Floris Bannier

Penn State International Law Review

No abstract provided.


Protection Of Attorney-Client Privilege In Europe, Prof. Taru Spronken, Jan Fermon Sep 2008

Protection Of Attorney-Client Privilege In Europe, Prof. Taru Spronken, Jan Fermon

Penn State International Law Review

No abstract provided.


Volume 27 - Number 2: Table Of Contents Sep 2008

Volume 27 - Number 2: Table Of Contents

Penn State International Law Review

No abstract provided.


U.N. Peacekeeping After Rwanda: Lessons Learned Or Mistakes Forgotten?, Crystal Faggart Sep 2008

U.N. Peacekeeping After Rwanda: Lessons Learned Or Mistakes Forgotten?, Crystal Faggart

Penn State International Law Review

No abstract provided.


The Paradox Of Professionalism: Global Law Practice Means Business, Christopher J. Whelan Sep 2008

The Paradox Of Professionalism: Global Law Practice Means Business, Christopher J. Whelan

Penn State International Law Review

No abstract provided.


Application Of California's Modified Substantial Relationship Test To International Law Firm Conflict Of Interest: Creative Solution Or Can Of Worms?, Ellen A. Pansky Sep 2008

Application Of California's Modified Substantial Relationship Test To International Law Firm Conflict Of Interest: Creative Solution Or Can Of Worms?, Ellen A. Pansky

Penn State International Law Review

No abstract provided.


U.S. National Security Implications Of The U.N. Convention On The Law Of The Sea, Christopher Shiraldi Sep 2008

U.S. National Security Implications Of The U.N. Convention On The Law Of The Sea, Christopher Shiraldi

Penn State International Law Review

No abstract provided.


Foreword, Laurel S. Terry Sep 2008

Foreword, Laurel S. Terry

Penn State International Law Review

No abstract provided.


Ethical Considerations Relating To Outsourcing Of Legal Services By Law Firms To Foreign Service Providers: Perspectives From The United States, James I. Ham Sep 2008

Ethical Considerations Relating To Outsourcing Of Legal Services By Law Firms To Foreign Service Providers: Perspectives From The United States, James I. Ham

Penn State International Law Review

No abstract provided.


Lawyers, Symbols, And Money: Outside Investment In Law Firms, Milton C. Regan Jr. Sep 2008

Lawyers, Symbols, And Money: Outside Investment In Law Firms, Milton C. Regan Jr.

Penn State International Law Review

No abstract provided.


At The Intersection Of Legal Ethics And Globalization: International Conflicts Of Law In Lawyer Regulation, Hans-Jurgen Hellwig Sep 2008

At The Intersection Of Legal Ethics And Globalization: International Conflicts Of Law In Lawyer Regulation, Hans-Jurgen Hellwig

Penn State International Law Review

No abstract provided.


Preserving The Corporate Attorney-Client Privilege: Here And Abroad, Robert J. Anello Sep 2008

Preserving The Corporate Attorney-Client Privilege: Here And Abroad, Robert J. Anello

Penn State International Law Review

No abstract provided.


The Development Of Nato Ebao Doctrine: Clausewitz's Theories And The Role Of Law In An Evolving Approach To Operations, Colonel Jody M. Prescott Jun 2008

The Development Of Nato Ebao Doctrine: Clausewitz's Theories And The Role Of Law In An Evolving Approach To Operations, Colonel Jody M. Prescott

Penn State International Law Review

No abstract provided.


Reining In Rambo: Prosecuting Crimes Committed By American Military Contractors In Iraq, Christopher D. Belen Jun 2008

Reining In Rambo: Prosecuting Crimes Committed By American Military Contractors In Iraq, Christopher D. Belen

Penn State International Law Review

No abstract provided.


Volume 27, Number 1: Table Of Contents Jun 2008

Volume 27, Number 1: Table Of Contents

Penn State International Law Review

No abstract provided.


The Westernization Of Chinese Bankruptcy: An Examination Of China's New Corporate Bankruptcy Law Through The Lens Of The Uncitral Legislative Guide To Insolvency Law, Steven J. Arsenault Jun 2008

The Westernization Of Chinese Bankruptcy: An Examination Of China's New Corporate Bankruptcy Law Through The Lens Of The Uncitral Legislative Guide To Insolvency Law, Steven J. Arsenault

Penn State International Law Review

No abstract provided.


The Emergence Of Transnational Constitutionalism: Its Features, Challenges And Solutions, Jiunn-Rong Yeh, Wen-Chen Chang Jun 2008

The Emergence Of Transnational Constitutionalism: Its Features, Challenges And Solutions, Jiunn-Rong Yeh, Wen-Chen Chang

Penn State International Law Review

No abstract provided.


Does "Made In China" Translate To "Watch Out" For Consumers? The U.S. Congressional Response To Consumer Product Safety Concerns, Julia A. Phillips Jun 2008

Does "Made In China" Translate To "Watch Out" For Consumers? The U.S. Congressional Response To Consumer Product Safety Concerns, Julia A. Phillips

Penn State International Law Review

No abstract provided.


On Armed Conflict, Human Rights, And Preserving The Rule Of Law In Latin America, Luz E. Nagle Jun 2008

On Armed Conflict, Human Rights, And Preserving The Rule Of Law In Latin America, Luz E. Nagle

Penn State International Law Review

No abstract provided.


U.S. Immigration Policy: Contract Or Human Rights Law?, Victor C. Romero Jan 2008

U.S. Immigration Policy: Contract Or Human Rights Law?, Victor C. Romero

Journal Articles

The current immigration debate often reflects a tension between affirming the individual rights of migrants against the power of a nation to control its borders. An examination of U.S. Supreme Court precedent reveals that, from our earliest immigration history to the present time, our immigration policy has functioned more like contract law than human rights law, with the Court deferring to the power of Congress to define the terms of that contract at the expense of the immigrant's freedom.


Under Arrest: Immigrants' Rights And The Rule Of Law, Shoba S. Wadhia Jan 2008

Under Arrest: Immigrants' Rights And The Rule Of Law, Shoba S. Wadhia

Journal Articles

The discussion is broken down into four parts. First, I will review some basic historical points and terminology. Second, I will describe some of the government's immigration enforcement policies following the comprehensive immigration reform ("CIR") debate and the human consequences and concerns behind such policies. Third, I will describe the relevant legal authorities for arresting and detaining noncitizens. Finally, I will provide some recommendations for moving forward.


In Good Times And In Debt: The Evolution Of Marital Agency And The Meaning Of Marriage, Marie T. Reilly Jan 2008

In Good Times And In Debt: The Evolution Of Marital Agency And The Meaning Of Marriage, Marie T. Reilly

Journal Articles

A married person sometimes acts solely for herself and at other times on behalf of her spouse. If she incurs debt solely for herself, then only she is liable to the creditor. If, however, she incurs debt both for herself and on behalf of her spouse, both are liable – the debtor directly and the spouse indirectly by imputed liability. Before married women’s property reform, imputed marital liability followed from marital status. As marriage changed to recognize the legal individuality of both spouses, so too did the scope of a spouse’s imputed liability for the debts of the other ...


Criminal Procedure In Perspective, Kit Kinports Jan 2008

Criminal Procedure In Perspective, Kit Kinports

Journal Articles

This Article attempts to situate the Supreme Court's constitutional criminal procedure jurisprudence in the academic debates surrounding the reasonable person standard, in particular, the extent to which objective standards should incorporate a particular individual's subjective characteristics. Analyzing the Supreme Court's search and seizure and confessions opinions, I find that the Court shifts opportunistically from case to case between subjective and objective tests, and between whose point of view - the police officer's or the defendant's - it views as controlling. Moreover, these deviations cannot be explained either by the principles the Court claims underlie the various constitutional ...


Commercial Peace And Political Competition In The Crosshairs Of International Arbitration, Thomas E. Carbonneau Jan 2008

Commercial Peace And Political Competition In The Crosshairs Of International Arbitration, Thomas E. Carbonneau

Journal Articles

This article examines the mixed effect of arbitration upon the generation of international law norms; in particular, how arbitration can generate private law norms so effectively and yet still face strong resistance in public international law processes and controversies. The work of arbitration for international commercial litigation has been nothing less than spectacular. In both the private international and domestic civil contexts, arbitration has provided viable remedial solutions and functional adjudication when the law was either nonexistent or incapacitated. It has supplied a workable and adaptable trial system, which-on the international side-could also generate substantive legal norms. Arbitration thereby has ...


The Revolution In Law Through Arbitration, Thomas E. Carbonneau Jan 2008

The Revolution In Law Through Arbitration, Thomas E. Carbonneau

Journal Articles

My subject is arbitration. I explore how its re-emergence during the last forty years has revolutionized the thinking about, and the practice of, law. The development of a "strong federal policy favoring arbitration" cast aside traditional acceptations about law and adjudication. The rule of law-the human civilization associated with law and the legal process-has been profoundly, perhaps irretrievably, altered by the rise of arbitration. The landmark cases in labor and employment arbitration- Alexander v.Gardner-Denver Company (the "old time religion") and Gilmer v. Interstate/JohnsonLane Corporation (the "new age" thinking)- attest to the enormous distance that separates past and present ...


Case Comment - People V. Nelson: A Tale Of Two Statistics, David H. Kaye Jan 2008

Case Comment - People V. Nelson: A Tale Of Two Statistics, David H. Kaye

Journal Articles

In recent years, defendants who were identified as a result of a search through a database of DNA profiles have argued that the probability that a randomly selected person would match a crime-scene stain overstates the probative value of the match. The statistical literature is divided, with most statisticians who have written on the subject rejecting this claim. In People v. Nelson, the Supreme Court of California held that when the random-match probability is so small as to make it exceedingly unlikely that any unrelated individual has the incriminating DNA profile, this statistic is admissible in a database-search case. In ...


Takeover Regulation As A Wolf In Sheep's Clothing: Taking U.K Rules To Continental Europe, Marco Ventoruzzo Jan 2008

Takeover Regulation As A Wolf In Sheep's Clothing: Taking U.K Rules To Continental Europe, Marco Ventoruzzo

Journal Articles

Aesop was an optimist. In his cautionary fable that inspired the famous admonition about wolves in sheep's clothing, the predator intentionally dons a sheep's fleece in order to sneak up on a lamb. His disguise, it turns out, is so effective that he ends up being mistaken for the real thing and killed by another wolf. According to Aesop, even the most effective fraud can turn against its perpetrator, and justice be done. The results are not always so salutary with other clandestine predators, including legal rules that appear aimed at protecting vulnerable groups, but instead provide valuable ...