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Corporate Social Responsibility (Csr) In Islamic Banks In The Light Of Sharia: A Comparative Study Of Islamic And Western Perspectives In Saudi Arabia, Mohammed Abdullah Alshubrumi Dec 2018

Corporate Social Responsibility (Csr) In Islamic Banks In The Light Of Sharia: A Comparative Study Of Islamic And Western Perspectives In Saudi Arabia, Mohammed Abdullah Alshubrumi

SJD Dissertations

The focus of this study is the concept of corporate social responsibility (CSR), social justice and business ethics in relation to Sharia. The key role that Sharia plays in shaping CSR principles in business and society is explored and the related concepts of Ummah (Muslim community) and brotherhood in Islam are highlighted. In addition, Islamic social responsibility in both its mandatory (zakat) and voluntary (sadaqah, waqf, quard al-hassan) forms as practiced over centuries in Muslim society are considered. Further, the study provides significant insights into the Islamic transactions jurisprudence (fiqh al-mu'amalat).

Against this background, CSR in its current incarnation ...


Inconceivable: Status, Contract, And The Search For A Legal Basis For Gay Lesbian Parenthood, Libby Adler Sep 2018

Inconceivable: Status, Contract, And The Search For A Legal Basis For Gay Lesbian Parenthood, Libby Adler

Penn State Law Review

With the fight for same-sex marriage in the rearview mirror, legal advocates have turned their attention to legally securing parenting rights for gay and lesbian people against this new landscape. Adults in same-sex couples often share parenting responsibilities for children who are biologically related only to one of them. What, short of adoption, should establish the legal tie between a child and a non-biologically related adult? A consensus answer to that question has emerged among scholars and advocates of gay and lesbian family law: intent to parent and socially functioning as a parent. Using as an entry point the recent ...


Lawyer As Soothsayer: Exploring The Important Role Of Outcome Prediction In The Practice Of Law, Mark K. Osbeck Sep 2018

Lawyer As Soothsayer: Exploring The Important Role Of Outcome Prediction In The Practice Of Law, Mark K. Osbeck

Penn State Law Review

Outcome prediction has always been an important part of practicing aw. Clients rely heavily on their attorneys to provide accurate assessments of the potential legal consequences they face when making important decisions (such as whether to accept a plea bargain, or risk a conviction on a much more serious offense at trial). And yet, notwithstanding its enormous importance to the practice of law (and notwithstanding the handsome legal fees it commands), outcome prediction in the law remains a very imprecise endeavor.

The reason for this inaccuracy is that the three principal tools lawyers have traditionally relied on to facilitate outcome ...


Religious State Constitution Preambles, Allan W. Vestal Sep 2018

Religious State Constitution Preambles, Allan W. Vestal

Penn State Law Review

The nation would benefit from Americans becoming more tolerant and respectful of the faith decisions of others. One modest step toward such a reconciliation would be to amend the religiously exclusionary language of almost all of our state constitution preambles.

Forty-five of the states have preambles that include references to the Christian God. Typical is the Pennsylvania provision: “We, the people of the Commonwealth of Pennsylvania, grateful to Almighty God for the blessings of civil and religious liberty, and humbly invoking His guidance, do ordain and establish this Constitution.” Such language either excludes non-Christians from the class of “we, the ...


“Everyone Gets Their First Dv Free”: Proposition 57’S Neglect Of Domestic Violence, Shivanjali A. Sewak Sep 2018

“Everyone Gets Their First Dv Free”: Proposition 57’S Neglect Of Domestic Violence, Shivanjali A. Sewak

Penn State Law Review

Domestic violence is one of the most prevalent crimes in American society, permeating every social class, ethnic group, and political party. Some batterers, like former NFL player Ray Rice, are thrust into the spotlight when news of their battering goes public. For every incident that is reported, however, many more go unreported. This fact alone highlights the inherent danger of domestic violence. For a crime of this magnitude, the natural consequence would seem to be a lengthy prison sentence. In California, however, crimes of domestic violence are not classified as “violent” crimes under the Penal Code. The word “violence” is ...


Sex Trend Or Sexual Assault?: The Dangersof "Stealthing" And The Concept Ofconditional Consent, Melissa Marie Blanco Sep 2018

Sex Trend Or Sexual Assault?: The Dangersof "Stealthing" And The Concept Ofconditional Consent, Melissa Marie Blanco

Penn State Law Review

"I do not wish [women] to have power over men; but over themselves" - Mary Wollstonecraft'

To have power over themselves, women must possess bodily autonomy in the sexual and nonsexual aspects of their life. Unfortunately, however, the nonconsensual removal of a condom during otherwise consensual sex, otherwise referred to as "stealthing," poses significant dangers to this autonomy. To respond to these dangers, several state lawmakers have proposed legislation to classify stealthing as rape. Feminist scholars, however, warn against over-criminalizing sexual conduct to ensure that the pleasurable experience of consensual sex is not negated.

To strike a balance between the dangers ...


Courts, Backlash, And Social Change: Learning From The History Of Prigg V. Pennsylvania, Jeffery M. Schmitt Sep 2018

Courts, Backlash, And Social Change: Learning From The History Of Prigg V. Pennsylvania, Jeffery M. Schmitt

Penn State Law Review

Scholars have repeatedly looked to the history of cases like Dred Scott, Brown, and Roe for guidance on whether courts should issue broad decisions on contentious issues. Some scholars contend that these cases triggered backlash that undermined the very causes the Court sought to promote, while others minimize the Court's role in creating backlash and emphasize the decisions' positive results. This Article contributes to this debate by providing a new account of the social and political consequences of Prigg v. Pennsylvania. The Court in Prigg rendered a broad interpretation of the Fugitive Slave Clause that was not necessary to ...


Equity And Amateurism: How The Ncaaself-Employment Guidelines Are Justifiedand Do Not Violate Antitrust Law, Taylor O'Toole Sep 2018

Equity And Amateurism: How The Ncaaself-Employment Guidelines Are Justifiedand Do Not Violate Antitrust Law, Taylor O'Toole

Penn State Law Review

The NCAA's longstanding tradition of amateurism is a pillar of the NCAA that has been regularly challenged by student-athletes and the public. The NCAA has set forth numerous guidelines to safeguard this tradition, including the Self-Employment Guidelines, which provide that a student-athlete may not use his or her name, image, likeness, or reputation as an NCAA athlete in the promotion of his or her business. The Self-Employment Guidelines have become particularly relevant and controversial recently, as the NCAA has found student-athletes to be ineligible based on these Guidelines, and has warned future studentathletes against these practices in order to ...


The President Vs. Some Old Goat: The Justiciability Of War-Powers, Kazi S. Ahmed Sep 2018

The President Vs. Some Old Goat: The Justiciability Of War-Powers, Kazi S. Ahmed

Penn State Law Review

"Where-ever law ends, tyranny begins. . . - John Locke'

The Constitution of the United States divides the nation's warpowers between Congress and the President. Specifically, the Constitution vests Congress with the legislative power to declare war and the President with the executive power to conduct war. Recently, however, the President has dominated this constitutional framework. Congress has largely acquiesced to the President unilaterally engaging the nation's armed forces abroad, and as a result, the President now has quasi-unilateral war-making authority.

Notwithstanding the War Powers Resolution, Congressmen and service members alike have sought judicial intervention to enjoin the President from unilaterally ...


Book Review: Business And Commercial Litigation In Federal Courts (Fourth), Roger Z. Bollman Jun 2018

Book Review: Business And Commercial Litigation In Federal Courts (Fourth), Roger Z. Bollman

Penn State Journal of Law & International Affairs

No abstract provided.


Failing Our Workers: How The Fmla And Rfra Disadvantage Female Workers In The United States When Compared To Their European Union Counterparts, Penelope Scudder Jun 2018

Failing Our Workers: How The Fmla And Rfra Disadvantage Female Workers In The United States When Compared To Their European Union Counterparts, Penelope Scudder

Penn State Journal of Law & International Affairs

No abstract provided.


One Size Fits All: Unaccompanied Alien Children And The Right To Appointed Counsel, Ginny Nunez, Esq. Jun 2018

One Size Fits All: Unaccompanied Alien Children And The Right To Appointed Counsel, Ginny Nunez, Esq.

Penn State Journal of Law & International Affairs

No abstract provided.


Child Soldiers In Myanmar: Role Of Myanmar Government And Limitations Of International Law, Prajakta Gupte Jun 2018

Child Soldiers In Myanmar: Role Of Myanmar Government And Limitations Of International Law, Prajakta Gupte

Penn State Journal of Law & International Affairs

No abstract provided.


The "Leniency Epidemic": A Study Of Leniency Granted To Convicted Rapists In America And Australia, Kathleen Tierney Jun 2018

The "Leniency Epidemic": A Study Of Leniency Granted To Convicted Rapists In America And Australia, Kathleen Tierney

Penn State Journal of Law & International Affairs

No abstract provided.


A Prescription To Cure The High Cost Of Pharmaceuticals In America, Anthony J. Jensen Jun 2018

A Prescription To Cure The High Cost Of Pharmaceuticals In America, Anthony J. Jensen

Penn State Journal of Law & International Affairs

No abstract provided.


U.S. Policy In The Arctic: The Implications Of The South China Sea Arbitration Award On American Policy And Unclos, Brian Finneran Jun 2018

U.S. Policy In The Arctic: The Implications Of The South China Sea Arbitration Award On American Policy And Unclos, Brian Finneran

Penn State Journal of Law & International Affairs

No abstract provided.


How Principles Of Sharia Law Could Encourage Savings By America's Poor, Joseph M. Ruth Jun 2018

How Principles Of Sharia Law Could Encourage Savings By America's Poor, Joseph M. Ruth

Penn State Journal of Law & International Affairs

No abstract provided.


Vigilante "Justice": The Need For An International Response To End President Duterte's Lawless Antidrug Campaign In The Philippines, Daniel Sawey Jun 2018

Vigilante "Justice": The Need For An International Response To End President Duterte's Lawless Antidrug Campaign In The Philippines, Daniel Sawey

Penn State Journal of Law & International Affairs

No abstract provided.


Untangling The Complicated Relationship Between International Humanitarian Law And Human Rights Law In Armed Conflict, Waseem Ahmad Qureshi Jun 2018

Untangling The Complicated Relationship Between International Humanitarian Law And Human Rights Law In Armed Conflict, Waseem Ahmad Qureshi

Penn State Journal of Law & International Affairs

No abstract provided.


A Conceptual Incongruence Between International Laws Of Self-Defense And The International Core Crime Of Aggression, Salar Abbasi Jun 2018

A Conceptual Incongruence Between International Laws Of Self-Defense And The International Core Crime Of Aggression, Salar Abbasi

Penn State Journal of Law & International Affairs

No abstract provided.


Nato, The Eu, And The Arab Refugee Crisis, Shams Al Din Al Hajjaji Jun 2018

Nato, The Eu, And The Arab Refugee Crisis, Shams Al Din Al Hajjaji

Penn State Journal of Law & International Affairs

No abstract provided.


Pushing A Right To Abortion Through The Back Door: The Need For Integrity In The U.N. Treaty Monitoring System, And Perhaps A Treaty Amendment, Andrea Stevens Jun 2018

Pushing A Right To Abortion Through The Back Door: The Need For Integrity In The U.N. Treaty Monitoring System, And Perhaps A Treaty Amendment, Andrea Stevens

Penn State Journal of Law & International Affairs

No abstract provided.


Anti-Conversion Laws And The International Response, Meghan G. Fischer Jun 2018

Anti-Conversion Laws And The International Response, Meghan G. Fischer

Penn State Journal of Law & International Affairs

No abstract provided.


Foreward Jun 2018

Foreward

Penn State Journal of Law & International Affairs

No abstract provided.


Table Of Contents Jun 2018

Table Of Contents

Penn State Journal of Law & International Affairs

No abstract provided.


Dedications Jun 2018

Dedications

Penn State Journal of Law & International Affairs

No abstract provided.


Jlia Masthead 2017-2018 Jun 2018

Jlia Masthead 2017-2018

Penn State Journal of Law & International Affairs

No abstract provided.


Arbitration In Saudi Arabia: The Reform Of Law And Practice, Saleh Mubarak Bin Abbadi Apr 2018

Arbitration In Saudi Arabia: The Reform Of Law And Practice, Saleh Mubarak Bin Abbadi

SJD Dissertations

Arbitration, as a modern Western form of dispute resolution, has become an important feature of international commercial transactions and contracts. Saudi Arabia ratified the New York Convention and enacted a new Law of Arbitration in 2012. This dissertation evaluates arbitration in Saudi Arabia, focusing on the adoption of international standards in relevant local laws and court practices. The dissertation also considers the weight of Saudi laws, traditions, and social values to gauge the extent to which arbitration as practiced can be integrated into the Saudi legal system.

The dissertation highlights the necessity of cultivating a supportive environment for arbitration in ...


A Competency Model For Judges, Talip Aydin Apr 2018

A Competency Model For Judges, Talip Aydin

SJD Dissertations

Throughout most modern and contemporary legal scholarship there appears an unbridgeable division between two dominant approaches to judicial decision making. Put succinctly, legal scholars argue that there exist either objective, foundational, ultimate groundings for legal theory and decisions or legal theory and practice inevitably follow a path to relativism and skepticism.

This dissertation argues for a theory of evaluation grounded in the Pragmatic, practical ontology and epistemology. Grounding the theory in this fashion avoids the philosophical views of extreme objectivism and extreme subjectivism. In contrast to these conventional stances, which are rooted in philosophical dualism, the view argued for in ...


Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt Apr 2018

Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt

Arbitration Law Review

Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in collective bargaining agreements, can agree to dispute resolution by an independent arbitrator, whose decision is reviewed deferentially by judges. Where employees or members of an association are governed by its internal rules, in contrast, they often agree contractually to submit internal disputes to an association officer or committee. In this circumstance, the common law governing private associations affords judicial review that is more limited than a civil dispute, but more searching than is the case for ...