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Articles 1 - 30 of 73
Full-Text Articles in Law
The One-Year Asylum Deadline And The Bia: No Protection, No Process, Penn State Law Immigrants' Rights Cliinic, Human Rights First, National Immigrant Justice Center
The One-Year Asylum Deadline And The Bia: No Protection, No Process, Penn State Law Immigrants' Rights Cliinic, Human Rights First, National Immigrant Justice Center
Center for Immigrants' Rights Clinic Publications
The right to seek asylum from persecution is a fundamental and long-recognized human right. The United States committed to protecting refugees in 1967 when it signed the Protocol relating to the Status of Refugees and later enacted legislation to incorporate the Protocol’s key provisions into domestic law. Despite these commitments, in 1996 Congress enacted a filing deadline for asylum applications which has resulted in potentially denying protections to thousands of legitimate refugees.
Volume 29 - Issue 2: Table Of Contents
Volume 29 - Issue 2: Table Of Contents
Penn State International Law Review
No abstract provided.
Jus Cogens As A Vision Of The International Legal Order, Dr. Markus Petsche
Jus Cogens As A Vision Of The International Legal Order, Dr. Markus Petsche
Penn State International Law Review
No abstract provided.
Mr. Pendleton's Rainbows: On The Value Of Teaching Abroad, Kate E. Bloch
Mr. Pendleton's Rainbows: On The Value Of Teaching Abroad, Kate E. Bloch
Penn State International Law Review
No abstract provided.
It's Not You, It's Me: An Analysis Of The United States' Failure To Uphold Its Commitment To Oecd Guidelines For Multination Enterprises In Spite Of No Other Reliable Alternatives, Matthew H. Kita
Penn State International Law Review
No abstract provided.
Hold 'Em Or Fold 'Em: Gambling Laws In Asia, Adam Shapiro
Hold 'Em Or Fold 'Em: Gambling Laws In Asia, Adam Shapiro
Penn State International Law Review
No abstract provided.
Competition Policy And Consumer Protection Policy In Jordan, Hetham Hani Abu Karky
Competition Policy And Consumer Protection Policy In Jordan, Hetham Hani Abu Karky
Penn State International Law Review
No abstract provided.
Should China Adopt Taiwan's Mandatory Share Doctrine?, Ya-Hui Hsu
Should China Adopt Taiwan's Mandatory Share Doctrine?, Ya-Hui Hsu
Penn State International Law Review
No abstract provided.
Volume 29 - Number 1: Table Of Contents
Volume 29 - Number 1: Table Of Contents
Penn State International Law Review
No abstract provided.
Introduction To The Aals Symposium On The Role Of Law Schools And Law School Leadership In A Changing World, Louis Del Duca, Gianluca Gentili
Introduction To The Aals Symposium On The Role Of Law Schools And Law School Leadership In A Changing World, Louis Del Duca, Gianluca Gentili
Penn State International Law Review
No abstract provided.
Volume 28 - Number 4: Table Of Contents
Volume 28 - Number 4: Table Of Contents
Penn State International Law Review
No abstract provided.
Legislating The Appearance Of Equality In Korea: The Law And Politics Of We-Hwa-Gahm, Ilhyung Lee
Legislating The Appearance Of Equality In Korea: The Law And Politics Of We-Hwa-Gahm, Ilhyung Lee
Penn State International Law Review
No abstract provided.
The Icc's Jurisdiction Over War Crimes In Internal Armed Conflicts: An Insurmountable Obstacle For China's Accession?, Jing Guan
Penn State International Law Review
No abstract provided.
Medellin, The President's Foreign Affairs Power And Domestic Law, A. Mark Weisburd
Medellin, The President's Foreign Affairs Power And Domestic Law, A. Mark Weisburd
Penn State International Law Review
In this article, Professor Weisburd explores the implications of Medellin v. Texas for the President's authority to affect domestic law through reliance on his authority to conduct the foreign affairs of the United States. He argues that the Court was correct to reject arguments that, on the facts of the case, the President could look to a delegation of authority from Congress or from the Senate as treaty-maker, or that President could treat the matter as resting on his power to settle claims against foreign governments, or that the President's obligation to "take care that the laws be faithfully executed" …
Are Bits Representing The "New" Customary International Law In International Investment Law?, Patrick Dumberry
Are Bits Representing The "New" Customary International Law In International Investment Law?, Patrick Dumberry
Penn State International Law Review
No abstract provided.
Human Trafficking From An International Protection Perspective: Probing The Meaning Of Anti-Trafficking Measures For The Protection Of Trafficking Victims, With Special Regard To The United Kingdom, Hannah Simon
Penn State International Law Review
The Council of Europe Convention on Action against Trafficking in Human Beings (ECAT) entered into force in the U.K. on the 1 April 2009. This event led to the belief that Britain's adherence will considerably improve the protection of trafficking victims in the country. In light of such expectations, this study examines which implications anti-trafficking measures may have on the legal protection of trafficking victims, while concentrating on new legal developments in the U.K. The paper analyses first the response of the anti-trafficking framework to international protection needs, and second, considers the scope of an alternative protection regime, namely, of …
The Secret World Of Child Sex Tourism: Evidentiary And Procedural Hurdles Of The Protect Act, Mark Orndorf
The Secret World Of Child Sex Tourism: Evidentiary And Procedural Hurdles Of The Protect Act, Mark Orndorf
Penn State International Law Review
No abstract provided.
Ukraine: Not Putting Itself On The Right Track For Map?, Kate Klunk
Ukraine: Not Putting Itself On The Right Track For Map?, Kate Klunk
Penn State International Law Review
No abstract provided.
Reading The Morton Memo Federal Priorities And Prosecutorial Discretion, Shoba Wadhia
Reading The Morton Memo Federal Priorities And Prosecutorial Discretion, Shoba Wadhia
Shoba Sivaprasad Wadhia
On June 30, 2010, the Deputy Assistant Secretary for Immigration and Customs Enforcement (ICE), John Morton, issued a memo to the agency that reflected the Obama administration’s oft repeated intent to focus removal efforts on serious offenders. Morton noted: In light of the large number of administrative violations the agency is charged with addressing and the limited enforcement resources the agency has available, ICE must prioritize the use of its enforcement personnel, detention space, and removal resources to ensure that the removals the agency does conduct promote the agency's highest enforcement priorities, namely national security, public safety, and border security. …
Probability, Individualization, And Uniqueness In Forensic Science Evidence: Listening To The Academies, David H. Kaye
Probability, Individualization, And Uniqueness In Forensic Science Evidence: Listening To The Academies, David H. Kaye
Journal Articles
Day in and day out, criminalists testify to positive, uniquely specific identifications of fingerprints, bullets, handwriting, and other trace evidence. A committee of the National Academy of Sciences, building on the writing of academic commentators, has called for sweeping changes in the presentation and production of evidence of identification. These include some form of circumscribed and standardized testimony. But the Academy report is short on the specifics of the testimony that would be legally and professionally allowable. This essay outlines possible types of testimony that might harmonize the testimony of criminalists with the actual state of forensic science. It does …
What Is '(Im)Partial Enough' In A World Of Embedded Neutrals?, Nancy A. Welsh
What Is '(Im)Partial Enough' In A World Of Embedded Neutrals?, Nancy A. Welsh
Journal Articles
The Supreme Court’s decision in Caperton v. A. T. Massey Coal Co. highlighted the fragility of judicial independence and impartiality in the United States. A similar, less-noticed fragility of independence and impartiality exists among the arbitrators, mediators and administrative hearing officers who resolve an increasing number of disputes. Everywhere one looks, there is unremarked yet remarkable evidence of the rise of - embedded neutrals, particularly in uneven contexts between one-time and repeat players. This phenomenon becomes particularly worrisome when the embedded neutral’s role is due to their special relationship with the repeat player, and the one-time player is not as …
From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel S. Terry
From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel S. Terry
Journal Articles
This article provides a comprehensive overview of the treatment of legal services in the United States’ international trade agreements. Although many individuals are now familiar with the General Agreement on Trade in Services (GATS), far fewer realize that legal services are included in at least fifteen international trade agreements to which the United States is a party. This article begins by identifying those trade agreements and other developments including the 2009 Legal Services Initiative of the Asia Pacific Economic Cooperation (APEC). The article continues by explaining the structure of the GATS and comparing its provisions to the provisions found in …
Deferring Ineffectiveness Claims To Collateral Review: Ensuring Equal Access And A Right To Appointed Counsel, Thomas M. Place
Deferring Ineffectiveness Claims To Collateral Review: Ensuring Equal Access And A Right To Appointed Counsel, Thomas M. Place
Journal Articles
The article addresses a problem in criminal procedure that leaves an increasingly large number of defendants without a remedy to protect their right to effective assistance of counsel at trial and on direct appeal. The problem stems from the decision of states to move ineffectiveness claims from direct appeal to the post-conviction process and the fact that over half the states limit access to post-conviction remedies to defendants who are in custody. If the defendant’s prison sentence is completed during the period direct appeal is pending, or, in some jurisdictions, before the collateral review process is completed, the defendant is …
The Lesson Of The Irish Family Pub: The Elder Clinic Path To A More Thoughtful Practice, Katherine C. Pearson
The Lesson Of The Irish Family Pub: The Elder Clinic Path To A More Thoughtful Practice, Katherine C. Pearson
Journal Articles
In this article, the Director of the Elder Law Clinic at Pennsylvania State University provides insight into the development of Elder Law as a unique discipline by tracking the history and challenges faced by her program as it approaches ten years of operation. A core focus of the Elder Law clinic, beyond practical experience, is to expose its students to the ethical issues confronted in Elder Law practice. Students in the clinic combine classroom discussions with practical experience representing clients, thereby becoming better prepared for their professional futures, while also gaining appreciation for the special concerns of the elderly client. …
An Introduction To The Financial Action Task Force And Its 2008 Lawyer Guidance, Laurel S. Terry
An Introduction To The Financial Action Task Force And Its 2008 Lawyer Guidance, Laurel S. Terry
Journal Articles
The Financial Action Task Force (FATF) is a thirty-eight-member intergovernmental organization whose mission is to fight money laundering and terrorism financing; the U.S. is a founding member of the FATF. The FATF is best known for its 40 Recommendations, many of which are directed towards various kinds of “gatekeepers” who are in a position to facilitate or inhibit money laundering and terrorism financing. (These were previously known as the 40+9 Recommendations). Lawyers are among those to whom the FATF’s recommendations apply. This article provides the introduction for the Journal of the Professional Lawyer’s Symposium about the application of the FATF …
I Could Have Been A Contender: Summary Jury Trial As A Means To Overcome Iqbal's Negative Effects Upon Pre-Litigation Communication, Negotiation And Early, Consensual Dispute Resolution, Nancy A. Welsh
Journal Articles
With its recent decisions in Ashcroft v. Iqbal and Bell Atlantic v. Twombly, the Supreme Court may be intentionally or unintentionally “throwing the fight,” at least in the legal contests between many civil rights claimants and institutional defendants. The most obvious feared effect is reduction of civil rights claimants’ access to the expressive and coercive power of the courts. Less obviously, the Supreme Court may be effectively undermining institutions’ motivation to negotiate, mediate - or even communicate with and listen to - such claimants before they initiate legal action. Thus, the Supreme Court’s recent decisions have the potential to deprive …
Private Regulation And Foreign Conduct, Adam I. Muchmore
Private Regulation And Foreign Conduct, Adam I. Muchmore
Journal Articles
Current U.S. policy on safety regulation for imported food is based largely on ex post measures. Several reform proposals seek to strengthen the ex ante component of this regulatory program. These proposals rely on one or more of three basic strategies: direct extraterritorial regulation; delegation of regulatory authority to private entities; and delegation of regulatory authority to foreign government agencies. This paper explores the ability of each strategy to respond to several principal-agent problems relevant to imported-food safety: the regulatory license problem; interest group capture; and the reality of bribery and threats in many food-exporting countries. Through the lens of …
The Role Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia
The Role Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia
Journal Articles
The concept of "prosecutorial discretion" appears in the immigration statute, agency memoranda and court decisions about select immigration enforcement decisions. Prosecutorial discretion extends to decisions about which offenses or populations to target; whom to stop, interrogate, and arrest; whether to detain or release a noncitizen; whether to initiate removal proceedings; and whether to execute a removal order; among other decisions. Similar to the criminal context, prosecutorial discretion in the immigration context is an important tool for achieving cost-effective law enforcement and relief for individuals who present desirable qualities or humanitarian circumstances. Yet there is a dearth of literature on the …
Iqbal And Supervisory Immunity, Kit Kinports
Iqbal And Supervisory Immunity, Kit Kinports
Journal Articles
Prior to the Supreme Court’s 2009 decision in Ashcroft v. Iqbal, the federal courts generally acknowledged that high-ranking government officials could be held liable for the constitutional injuries inflicted by their subordinates, though they differed on the appropriate standard of supervisory liability. In Iqbal, the Supreme Court called this case law into question, holding that constitutional tort liability hinges on proof that each defendant, “through the official’s own individual actions, has violated the Constitution.” The Court’s cursory treatment of this issue, without the benefit of briefing or oral argument, was based entirely on the misguided assumption that the doctrine of …
Decriminalizing Border Crossings, Victor C. Romero
Decriminalizing Border Crossings, Victor C. Romero
Journal Articles
An international border crosser should only be deemed a criminal if the United States government can prove that, with requisite criminal intent, she engaged in an act aside from crossing the border that would constitute a crime. No longer should crossing the border be a strict liability criminal offense. Doing so will restore balance to the civil immigration system, conserve scarce enforcement resources to target truly criminal behavior, enhance our standing abroad, and help heal our racially-polarized discourse on immigration policy.