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Penn State Law

2012

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Articles 1 - 30 of 92

Full-Text Articles in Law

Where To Begin Researching International Sports Law, Rebecca Mattson Dec 2012

Where To Begin Researching International Sports Law, Rebecca Mattson

Law Library Faculty Works

In this article, the author discusses selected sources for researching international sports law.


Foreword, Amy C. Gaudion Nov 2012

Foreword, Amy C. Gaudion

Penn State Journal of Law & International Affairs

No abstract provided.


Jlia Editorial Board & Staff Nov 2012

Jlia Editorial Board & Staff

Penn State Journal of Law & International Affairs

No abstract provided.


To Forgive And Forget: How Reconciliation And Amnesty Legislation In Afghanistan Forgives War Criminals While Forgetting Their Victims, Sara L. Carlson Nov 2012

To Forgive And Forget: How Reconciliation And Amnesty Legislation In Afghanistan Forgives War Criminals While Forgetting Their Victims, Sara L. Carlson

Penn State Journal of Law & International Affairs

More than three decades of war and hundreds of thousands killed or brutalized by the actions of warlords and insurgent commanders vying for power comprise the backdrop of modern Afghanistan. As Afghanistan continues toward a new era, seeking democracy in a country where tribal affiliations and ethnic groups often usurp any sense of patriotism, the reconciliation of armed fighters while providing an adequate grievance process for victims of war crimes must take priority in the process adopted to unify the Islamic Republic of Afghanistan. This comment explores the current attempt by the Islamic Republic of Afghanistan to provide a system ...


International Activity And Domestic Law, Adam I. Muchmore Nov 2012

International Activity And Domestic Law, Adam I. Muchmore

Penn State Journal of Law & International Affairs

This essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.


The Full Story Of United States V. Smith, America’S Most Important Piracy Case, Joel H. Samuels Nov 2012

The Full Story Of United States V. Smith, America’S Most Important Piracy Case, Joel H. Samuels

Penn State Journal of Law & International Affairs

This article explores the seminal United States Supreme Court decision of United States v. Smith (1820). Smith, an early piracy case, has influenced developments in both domestic and international law on piracy, universal jurisdiction, and a range of broader themes. This article is the first to explore the context within which the case arose, as well as the circumstances of the case itself. In addition to the details of the case, the story of the men prosecuted for their cruise aboard the vessel known as the Irresistible in the late spring and early summer of 1819 also offers a window ...


Remarks On Counterstrike, Eric Schmitt Nov 2012

Remarks On Counterstrike, Eric Schmitt

Penn State Journal of Law & International Affairs

After 9/11, the United States government was forced to think differently about terrorism and the nation’s ability to respond to attacks. Eric Schmitt and Thom Shanker address many of the intricacies faced by officials at the White House, the State Department and the Pentagon in their book Counterstrike. In this essay, transcribed from remarks given on March 21, 2012 at the Clarke Forum for Contemporary Issues at Dickinson College, Schmitt discusses how the U.S. government’s policies toward Al Qaeda and terrorism in general have evolved in the ten-year period following the attacks.


Remarks, The Big Picture: Beyond Hot Spots & Crises In Our Interconnected World, Anne-Marie Slaughter Nov 2012

Remarks, The Big Picture: Beyond Hot Spots & Crises In Our Interconnected World, Anne-Marie Slaughter

Penn State Journal of Law & International Affairs

The picture of foreign policy as seen by the United States has changed dramatically over the last few decades. The United States now faces a world far more interconnected and integrated than the foreign policy landscape of the Cold War and its immediate aftermath. Instead of one or two super power centers, the world today is made up of multiple global and regional power centers. This essay, transcribed and adapted from remarks given by Anne-Marie Slaughter on March 15, 2012, at the Dickinson School of Law of the Pennsylvania State University, examines the shift to a multi-polar world of foreign ...


International Order After The Financial Crisis, Harold James Nov 2012

International Order After The Financial Crisis, Harold James

Penn State Journal of Law & International Affairs

How is international order built, and how is it legitimate, in a world in which political and economic foundations are rapidly shifting? What are the consequences of the rise of major new powers for the structure and the functioning of the international system? Great wars or great financial crises have in the past led to disorientation about the moral foundations of society, domestically and internationally. The paper examines parallels with the Great Depression, and in particular the weakening of multilateralism and of small political units, and the strengthening of large powers with hegemonic claims. The paper then turns to an ...


The Growing Dark Side Of Cyberspace ( . . . And What To Do About It), Ronald Deibert Nov 2012

The Growing Dark Side Of Cyberspace ( . . . And What To Do About It), Ronald Deibert

Penn State Journal of Law & International Affairs

Cyberspace – the global environment of digital communications – surrounds and embodies us entirely, 24 hours a day, 7 days a week. We are always on, always connected: emailing, texting, searching, networking, and sharing are all now as commonplace as eating, breathing, and sleeping. But there is a dark side to cyberspace - hidden contests and malicious threats - that is growing like a disease from the inside-out. This disease has many symptoms, and is being reinforced by a multiplicity of disparate but mutually reinforcing causes. Some of these driving forces are unintended byproducts of the new digital universe into which we have thrust ...


The Rise Of Transparency And The Decline Of Secrecy In The Age Of Global And Social Media, P.J. Crowley Nov 2012

The Rise Of Transparency And The Decline Of Secrecy In The Age Of Global And Social Media, P.J. Crowley

Penn State Journal of Law & International Affairs

News reporting of a wide range of sensitive government policies, operations, and internal deliberations has raised understandable concerns that U.S. national security is being compromised. In response, there is an increase in investigations and prosecutions and proposed legislation to plug government leaks. But a broader reality may be at work. In the increasingly interconnected and transparent world of the Internet, Facebook, Twitter, satellite television, WikiLeaks, omniscient cellphones and technology-enhanced revolutions such as the Arab Awakening, governments have lost their ability to control the flow of information. More people have access to more information, with the ability to communicate anything ...


The Balance Of Power, Public Goods, And The Lost Art Of Grand Strategy: American Policy Toward The Persian Gulf And Rising Asia In The 21st Century, Flynt Leverett, Hillary Mann Leverett Nov 2012

The Balance Of Power, Public Goods, And The Lost Art Of Grand Strategy: American Policy Toward The Persian Gulf And Rising Asia In The 21st Century, Flynt Leverett, Hillary Mann Leverett

Penn State Journal of Law & International Affairs

An important driver of relative decline in America’s international standing is the failure of its political elites to define reality-based foreign policy goals and to relate the diplomatic, economic, and military means at Washington’s disposal to realizing them—the essence of “grand strategy.” For several decades, American policy has been pulled in opposite directions by two competing models of grand strategy. In one—the leadership model—America maximizes its international standing by adroitly managing regional and global power balances and promoting the processes of economic liberalization known collectively as globalization. In the second model—the transformation model—America ...


International Activity And Domestic Law, Adam I. Muchmore Nov 2012

International Activity And Domestic Law, Adam I. Muchmore

Journal Articles

This invited essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.


Immigration Relief For Victims Of Abuse And Domestic Violence, Penn State Law Immigrants' Rights Clinic, Centre County Women's Resource Center Jul 2012

Immigration Relief For Victims Of Abuse And Domestic Violence, Penn State Law Immigrants' Rights Clinic, Centre County Women's Resource Center

Center for Immigrants' Rights Clinic Publications

Advocates and attorneys who work with victims of domestic violence need to understand the dynamics of power and control and how they affect the safety of their clients. This understanding is especially important in working with non-citizen victims who often face additional hurdles compared to American citizens. The Center for Immigrants' Rights has published "Immigration Relief for Victims of Abuse and Domestic Violence," a toolkit to help practitioners in representing immigrant victims of domestic abuse.


Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand Jul 2012

Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand

Arbitration Law Review

No abstract provided.


At&T Mobility And Faa Over-Preemption, Jill Gross Jul 2012

At&T Mobility And Faa Over-Preemption, Jill Gross

Arbitration Law Review

No abstract provided.


The Misapplication And Misinterpretation Of Forum Non Conveniens, Mohita K. Anand Jul 2012

The Misapplication And Misinterpretation Of Forum Non Conveniens, Mohita K. Anand

Arbitration Law Review

No abstract provided.


I Agreed To What?: Protecting Consumers From Unfair Practices In Binding Consumer Arbitration, Laura Mangotta Jul 2012

I Agreed To What?: Protecting Consumers From Unfair Practices In Binding Consumer Arbitration, Laura Mangotta

Arbitration Law Review

No abstract provided.


Foreward, Nicholas Fox Jul 2012

Foreward, Nicholas Fox

Arbitration Law Review

No abstract provided.


The Battle Over Class Action: Second Circuit Holds That Class Action Waiver For Antitrust Actions Unenforceable Under The Federal Arbitration Act, Dustin Morgan Jul 2012

The Battle Over Class Action: Second Circuit Holds That Class Action Waiver For Antitrust Actions Unenforceable Under The Federal Arbitration Act, Dustin Morgan

Arbitration Law Review

No abstract provided.


For Better Or Worse: Surviving Divorce Through Alternative Dispute Resolution, Teleicia J. Rose Jul 2012

For Better Or Worse: Surviving Divorce Through Alternative Dispute Resolution, Teleicia J. Rose

Arbitration Law Review

No abstract provided.


Arbitration And The Marcellus Shale, Zach Morahan Jul 2012

Arbitration And The Marcellus Shale, Zach Morahan

Arbitration Law Review

No abstract provided.


The 2012 International Chamber Of Commerce Rules Of Arbitration: Meeting The Needs Of The International Arbitration Community In The 21st Century, Meeran Ahn Jul 2012

The 2012 International Chamber Of Commerce Rules Of Arbitration: Meeting The Needs Of The International Arbitration Community In The 21st Century, Meeran Ahn

Arbitration Law Review

No abstract provided.


Fundamentals Of Labor Arbitration, Christen L. Rafuse Jul 2012

Fundamentals Of Labor Arbitration, Christen L. Rafuse

Arbitration Law Review

No abstract provided.


Executive Board Jul 2012

Executive Board

Arbitration Law Review

No abstract provided.


The Ninth Circuit Grapples With The Arbitrability And Unconscionability Of Mmwa Claims, Amanda Miller Jul 2012

The Ninth Circuit Grapples With The Arbitrability And Unconscionability Of Mmwa Claims, Amanda Miller

Arbitration Law Review

No abstract provided.


At&T Mobility V. Concepcion And The Antidiscrimination Theory Of Faa Preemption, Hiro N. Aragaki Jul 2012

At&T Mobility V. Concepcion And The Antidiscrimination Theory Of Faa Preemption, Hiro N. Aragaki

Arbitration Law Review

No abstract provided.


Are Arbitrators Right Even When They Are Wrong?: Second Circuit Upholds Arbitral Ruling Allowing Implicit Reference To Class Arbitration, Dustin Morgan Jul 2012

Are Arbitrators Right Even When They Are Wrong?: Second Circuit Upholds Arbitral Ruling Allowing Implicit Reference To Class Arbitration, Dustin Morgan

Arbitration Law Review

No abstract provided.


Seventh Circuit Comes To Arbitrator's Defense In Clarifying Narrow Scope Of Arbitrator 'Evident Partiality' Under Section 10 Of The Federal Arbitration Act, Mallary Willat Jul 2012

Seventh Circuit Comes To Arbitrator's Defense In Clarifying Narrow Scope Of Arbitrator 'Evident Partiality' Under Section 10 Of The Federal Arbitration Act, Mallary Willat

Arbitration Law Review

No abstract provided.


Dedication Jul 2012

Dedication

Arbitration Law Review

No abstract provided.