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Articles 1 - 30 of 64
Full-Text Articles in Law
Foreword, Amy C. Gaudion
Foreword, Amy C. Gaudion
Penn State Journal of Law & International Affairs
No abstract provided.
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
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
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
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 …
Remarks On Counterstrike, Eric Schmitt
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
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
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
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 …
The Rise Of Transparency And The Decline Of Secrecy In The Age Of Global And Social Media, P.J. Crowley
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 from …
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
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 seeks not to manage power balances but …
Foreward, Nicholas Fox
Keynote Address, John D. Feerick
The Pca's Optional Rules For Arbitration Of Disputes Relating To Outer Space Activities: Bringing Arbitration To Infinity And Beyond, Jesse Baez
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
Arbitration Law Review
No abstract provided.
Tenth Circuit Affirms The District Court's Original Decision To Compel Arbitration In An Appeal Made By The Appellant After Losing In Arbitration, Skipper Dean
Arbitration Law Review
No abstract provided.
When A Waiver Isn't Really A Waiver: Eleventh Circuit Establishes New Standard For Waiver Of Right To Arbitrate After Filing Of Amended Complain, Dustin Morgan
Arbitration Law Review
No abstract provided.
The Misapplication And Misinterpretation Of Forum Non Conveniens, Mohita K. Anand
The Misapplication And Misinterpretation Of Forum Non Conveniens, Mohita K. Anand
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
Arbitration Law Review
No abstract provided.
Fundamentals Of Labor Arbitration, Christen L. Rafuse
Fundamentals Of Labor Arbitration, Christen L. Rafuse
Arbitration Law Review
No abstract provided.
Mediating International Child Abduction Cases: The Hague Convention, Michele Merritt
Mediating International Child Abduction Cases: The Hague Convention, Michele Merritt
Arbitration Law Review
No abstract provided.
Concepcion And Preemption Under The Federal Arbitration Act, Ian D. Mitchell, Richard A. Bales
Concepcion And Preemption Under The Federal Arbitration Act, Ian D. Mitchell, Richard A. Bales
Arbitration Law Review
The Supreme Court held in AT&T Mobility v. Concepcion that a California law declaring class arbitration waivers unconscionable was preempted because it stood as an "obstacle to the accomplishment and execution of the full purposes and objectives" of the Federal Arbitration Act. The Court's Concepcion decision was necessarily based on implied preemption, because the FAA contains no express preemption clause and because there was no textual conflict between the FAA and the California law. Concepcion
At&T Mobility V. Concepcion And The Antidiscrimination Theory Of Faa Preemption, Hiro N. Aragaki
At&T; Mobility V. Concepcion And The Antidiscrimination Theory Of Faa Preemption, Hiro N. Aragaki
Arbitration Law Review
No abstract provided.
Arbitration Innumeracy, Christopher R. Drahozal
Arbitration Innumeracy, Christopher R. Drahozal
Arbitration Law Review
No abstract provided.
The Fallout From At&T Mobility V. Concepcion: Parameters Established By The Interpretation Of Lower Courts, Terry F. Moritz
The Fallout From At&T; Mobility V. Concepcion: Parameters Established By The Interpretation Of Lower Courts, Terry F. Moritz
Arbitration Law Review
No abstract provided.
Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand
Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand
Arbitration Law Review
No abstract provided.
Book Review: Lucy Reed, Jan Paulsson, And Nigel Blackaby, Guide To Icsid Arbitration (2d Ed., 2011), Jack J. Coe Jr.
Book Review: Lucy Reed, Jan Paulsson, And Nigel Blackaby, Guide To Icsid Arbitration (2d Ed., 2011), Jack J. Coe Jr.
Arbitration Law Review
No abstract provided.
The New French Arbitration Law: One Step Forward, Two Steps Back?, Jesse Baez
The New French Arbitration Law: One Step Forward, Two Steps Back?, Jesse Baez
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
Arbitration Law Review
No abstract provided.