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Full-Text Articles in Law
Sex Trend Or Sexual Assault?: The Dangersof "Stealthing" And The Concept Ofconditional Consent, Melissa Marie Blanco
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 …
Courts, Backlash, And Social Change: Learning From The History Of Prigg V. Pennsylvania, Jeffery M. Schmitt
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 resolve …
Inconceivable: Status, Contract, And The Search For A Legal Basis For Gay Lesbian Parenthood, Libby Adler
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
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 …
“Everyone Gets Their First Dv Free”: Proposition 57’S Neglect Of Domestic Violence, Shivanjali A. Sewak
“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 …
Religious State Constitution Preambles, Allan W. Vestal
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 …
The President Vs. Some Old Goat: The Justiciability Of War-Powers, Kazi S. Ahmed
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 …
Equity And Amateurism: How The Ncaaself-Employment Guidelines Are Justifiedand Do Not Violate Antitrust Law, Taylor O'Toole
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 remain …
Book Review: Business And Commercial Litigation In Federal Courts (Fourth), Roger Z. Bollman
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
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.
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
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
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
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
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
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
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
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
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
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
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
Anti-Conversion Laws And The International Response, Meghan G. Fischer
Penn State Journal of Law & International Affairs
No abstract provided.
Table Of Contents
Penn State Journal of Law & International Affairs
No abstract provided.
Jlia Masthead 2017-2018
Penn State Journal of Law & International Affairs
No abstract provided.
Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt
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 …
Opening A Window For Chinese Ad Hoc Arbitration, Meng Chen
Opening A Window For Chinese Ad Hoc Arbitration, Meng Chen
Arbitration Law Review
No abstract provided.
Fifth Circuit Sides With The Nfl In The Hotly-Contested Ezekiel Elliott Suspension: A Comment On National Football League Players Association V. National Football League, Nicole A. Wheeler
Fifth Circuit Sides With The Nfl In The Hotly-Contested Ezekiel Elliott Suspension: A Comment On National Football League Players Association V. National Football League, Nicole A. Wheeler
Arbitration Law Review
No abstract provided.
Player 3 Has Entered The Game: Arbitration Comes To The Esports Industry, Ryan Boonstra
Player 3 Has Entered The Game: Arbitration Comes To The Esports Industry, Ryan Boonstra
Arbitration Law Review
No abstract provided.