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Penn State Law

2016

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Articles 1 - 30 of 49

Full-Text Articles in Law

The Prudential Carve-Out Clause: Is Risk The New Corrupt Moral?, John Anwesen Sep 2016

The Prudential Carve-Out Clause: Is Risk The New Corrupt Moral?, John Anwesen

Penn State Journal of Law & International Affairs

No abstract provided.


International Legal Instruments And New Judicial Principles For Restitution Of Illegally Exported Cultural Properties, Ho-Young Song Sep 2016

International Legal Instruments And New Judicial Principles For Restitution Of Illegally Exported Cultural Properties, Ho-Young Song

Penn State Journal of Law & International Affairs

No abstract provided.


Caught In The Act But Not Punished: On Elite Rule Of Law And Deterrence, Francesca Jensenius, Abby Wood Sep 2016

Caught In The Act But Not Punished: On Elite Rule Of Law And Deterrence, Francesca Jensenius, Abby Wood

Penn State Journal of Law & International Affairs

No abstract provided.


Abused, Abandoned, Or Neglected: Legal Options For Recent Immigrant Women And Girls, Meaghan Fitzpatrick, Leslye Orloff Sep 2016

Abused, Abandoned, Or Neglected: Legal Options For Recent Immigrant Women And Girls, Meaghan Fitzpatrick, Leslye Orloff

Penn State Journal of Law & International Affairs

No abstract provided.


The Forgotten Victim: Men And Domestic Violence - Issues For The I-360 Petition, Christine Grant Sep 2016

The Forgotten Victim: Men And Domestic Violence - Issues For The I-360 Petition, Christine Grant

Penn State Journal of Law & International Affairs

No abstract provided.


Domestic Violence Victims Need Support At State Level, Rep. Scott Conklin Sep 2016

Domestic Violence Victims Need Support At State Level, Rep. Scott Conklin

Penn State Journal of Law & International Affairs

No abstract provided.


Violence Against Women Symposium And Collected Works Sep 2016

Violence Against Women Symposium And Collected Works

Penn State Journal of Law & International Affairs

No abstract provided.


National Treasure: A Survey Of The Current International Law Regime For Underwater Cultural Heritage, Christian Hoefly Aug 2016

National Treasure: A Survey Of The Current International Law Regime For Underwater Cultural Heritage, Christian Hoefly

Penn State Journal of Law & International Affairs

No abstract provided.


Addressing The Problem Of Implementing The Hague Abduction Convention On The Civil Aspects Of International Child Abduction Between The U.S. And Mexico, Breanna Atwood Aug 2016

Addressing The Problem Of Implementing The Hague Abduction Convention On The Civil Aspects Of International Child Abduction Between The U.S. And Mexico, Breanna Atwood

Penn State Journal of Law & International Affairs

No abstract provided.


The Aftermath Of United States V. Texas, Shoba S. Wadhia Aug 2016

The Aftermath Of United States V. Texas, Shoba S. Wadhia

Journal Articles

On June 23, 2016, the Supreme Court issued a 4-4 ruling in the immigration case of United States v. Texas, blocking two “deferred action” programs announced by President Obama on November 20, 2014: extended Deferred Action for Childhood Arrivals (DACA Plus) and Deferred Action for Parents of Americans and Legal Residents (DAPA). The 4-4 ruling by the justices creates a non-precedential non-decision, upholding an injunction placed by a panel of federal judges in the Fifth Circuit Court of Appeals. While the future of these programs remains uncertain in the long term, the immediate effects are pronounced, as millions of …


Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French Jun 2016

Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French

Journal Articles

On March 18, 2016, and March 22, 2016, a jury awarded Terry Bollea (a.k.a Hulk Hogan) a total of $140 million in compensatory and punitive damages against Gawker Media for posting less than two minutes of a video of Hulk Hogan having sex with his best friend’s wife. The award was based upon a finding that Gawker intentionally had invaded Hulk Hogan’s privacy by posting the video online. The case has been receiving extensive media coverage because it is a tawdry tale involving a celebrity, betrayal, adultery, sex, and the First Amendment. The case likely will be remembered by most …


The Insurability Of Claims For Restitution, Christopher French May 2016

The Insurability Of Claims For Restitution, Christopher French

Journal Articles

Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (e.g., a claim for the disgorgement of ill-gotten gains)? This article answers those questions. It does so by first answering the question of whether claims for restitution are covered under the terms of liability insurance policies. Then, after concluding that they are, it addresses the question of whether claims for restitution should be insurable as a matter of public policy and insurance law theory. There are long-standing legal and equitable principles that, on the one hand, dictate that a wrongdoer should not be allowed to benefit …


Practitioner's Toolkit On Cancellation Of Removal For Lawful Permanent Residents, Penn State Law Immigrants' Rights Clinic, Pennsylvania Immigration Resource Center May 2016

Practitioner's Toolkit On Cancellation Of Removal For Lawful Permanent Residents, Penn State Law Immigrants' Rights Clinic, Pennsylvania Immigration Resource Center

Center for Immigrants' Rights Clinic Publications

Created on behalf of the Pennsylvania Immigration Resource Center (PIRC), the toolkit is a resource for immigration attorneys representing lawful permanent residents who are facing removal from the United States.


The Hegemonic Arbitrator Replaces Foreign Sovereignty: A Comment On Chevron V. Republic Of Ecuador, Camille Hart May 2016

The Hegemonic Arbitrator Replaces Foreign Sovereignty: A Comment On Chevron V. Republic Of Ecuador, Camille Hart

Arbitration Law Review

No abstract provided.


Qui Tam Claims - A Way To Pierce The Federal Policy On Arbitration?: A Comment On Sakkab V. Luxottica Retail North America, Inc., Lauren Picciallo May 2016

Qui Tam Claims - A Way To Pierce The Federal Policy On Arbitration?: A Comment On Sakkab V. Luxottica Retail North America, Inc., Lauren Picciallo

Arbitration Law Review

No abstract provided.


The Current State Of Arbitrator Ethics And Party Recourse Against Grievances, Shari Maynard May 2016

The Current State Of Arbitrator Ethics And Party Recourse Against Grievances, Shari Maynard

Arbitration Law Review

No abstract provided.


Uncitral Transparency: An Examination Of The 2014 Arbitration Transparency Rules And Their Effect On Investor-State Environmental Disputes And Economic Fairness, Kayla Kelly-Slatten May 2016

Uncitral Transparency: An Examination Of The 2014 Arbitration Transparency Rules And Their Effect On Investor-State Environmental Disputes And Economic Fairness, Kayla Kelly-Slatten

Arbitration Law Review

No abstract provided.


Drafting Lessons From The Recent Past: Avoiding The Pitfalls Of Recent Litigants When Drafting Arbitration Agreements, Shari Maynard May 2016

Drafting Lessons From The Recent Past: Avoiding The Pitfalls Of Recent Litigants When Drafting Arbitration Agreements, Shari Maynard

Arbitration Law Review

No abstract provided.


Arbitration Or Litigation? Private Choice As A Political Matter, Ronald A. Brand May 2016

Arbitration Or Litigation? Private Choice As A Political Matter, Ronald A. Brand

Arbitration Law Review

The Federal Arbitration Act and New York Convention solidified U.S. law on arbitration and have together been read by the courts to result in a strong federal policy in favor of arbitration. Party autonomy to choose a court for resolution of a private dispute came later in the United States, but now receives similar deference in the courts, largely as a result of the 1972 Supreme Court decision in Bremen v. Zapata. What began as a body of federal common law on the recognition and enforcement of foreign judgments now is found in state statutes and common law which, …


Medical Malpractice Arbitration: Not Business As Usual, David Allen Larson May 2016

Medical Malpractice Arbitration: Not Business As Usual, David Allen Larson

Arbitration Law Review

No abstract provided.


Religious Arbitration Agreements In Contracts Of Adhesion, Jeff Dasteel May 2016

Religious Arbitration Agreements In Contracts Of Adhesion, Jeff Dasteel

Arbitration Law Review

No abstract provided.


Approaching "Dangerous" Territory: The Implications Of Directv V. Imburgia And The Current Scope Of U.S. Arbitration Law, Stephanie Lapple May 2016

Approaching "Dangerous" Territory: The Implications Of Directv V. Imburgia And The Current Scope Of U.S. Arbitration Law, Stephanie Lapple

Arbitration Law Review

No abstract provided.


What Now?: Divorce Mediation In The Wake Of Legalizing Same-Sex Marriage, Lindsay Simonson May 2016

What Now?: Divorce Mediation In The Wake Of Legalizing Same-Sex Marriage, Lindsay Simonson

Arbitration Law Review

No abstract provided.


Arbitrators' Neutrality In The United Kingdom And The United States, Susanna Chehata May 2016

Arbitrators' Neutrality In The United Kingdom And The United States, Susanna Chehata

Arbitration Law Review

No abstract provided.


Mediation Advocacy: Representing Clients In Mediation, Jonathan R. Vaitll May 2016

Mediation Advocacy: Representing Clients In Mediation, Jonathan R. Vaitll

Arbitration Law Review

No abstract provided.


Arbitration: Creature Of Contract, Pillar Of Procedure, Hiro N. Aragaki May 2016

Arbitration: Creature Of Contract, Pillar Of Procedure, Hiro N. Aragaki

Arbitration Law Review

No abstract provided.


Sixth Circuit Deferential Treatment Of Notice In Employment Arbitration Agreements: A Comment On Tillman V. Macy's Inc., Caroline Myrdek May 2016

Sixth Circuit Deferential Treatment Of Notice In Employment Arbitration Agreements: A Comment On Tillman V. Macy's Inc., Caroline Myrdek

Arbitration Law Review

No abstract provided.


Balancing Federal Arbitration Policy With Whistleblower Protection: A Comment On Khazin V. Td Ameritrade, Faith Van Horn May 2016

Balancing Federal Arbitration Policy With Whistleblower Protection: A Comment On Khazin V. Td Ameritrade, Faith Van Horn

Arbitration Law Review

No abstract provided.


The Continuing Pro-Arbitration Trend In India: A New Global Hub?, Matthew Maragulia May 2016

The Continuing Pro-Arbitration Trend In India: A New Global Hub?, Matthew Maragulia

Arbitration Law Review

No abstract provided.


The Swiss Supreme Court On The Use Of Secretaries And Consultants In The Arbitral Process, Tracey Timlin May 2016

The Swiss Supreme Court On The Use Of Secretaries And Consultants In The Arbitral Process, Tracey Timlin

Arbitration Law Review

No abstract provided.