Law Commons^™

International Commercial Arbitration Law And Practice In Thailand, Parada Kaewparadai

SJD Dissertations

International Commercial Arbitration is one of the essential mechanisms that support and facilitate international trade transactions, especially when the parties are from different nations. Since it is an alternative dispute resolution that provides a final and binding award that is enforceable through the national courts mostly everywhere around the world, it becomes the most popular dispute resolution for international enterprises. Arbitration has been in existence in Thai Laws for centuries, but its role has been minimal as litigation is the primary adjudicate method of the country. However, in the past twenty years, arbitration has been developing rapidly since Alternative Dispute …

Targeting Civilians, Daniel Ivo Odon

SJD Dissertations

No abstract provided.

Voluntary Petition For Non-Individuals Filing For Bankruptcy

Catholic Dioceses in Bankruptcy

No abstract provided.

Foreword

Penn State Journal of Law & International Affairs

No abstract provided.

Table Of Contents

Penn State Journal of Law & International Affairs

No abstract provided.

Dedication

Penn State Journal of Law & International Affairs

No abstract provided.

Masthead

Penn State Journal of Law & International Affairs

No abstract provided.

The Push For Corporate Human Trafficking Compliance Under The Trends Of Global Legislation, Adam Banks

Penn State Journal of Law & International Affairs

No abstract provided.

Throwing A Flag On Roger Goodell’S Heavy Hand: A Comparison Of Nfl And Fifa Discipline And Dispute Resolution Mechanisms, Sean W. Pie

Penn State Journal of Law & International Affairs

No abstract provided.

Wherever We Go, We Leave A Trail: Surveillance And Sousveillance In The United States And United Kingdom, Allison Amatuzzo

Penn State Journal of Law & International Affairs

No abstract provided.

It’S Dark And Hell Is Hot: Third Party Complicity In Jus In Bello Detainee Abuse And Torture, Charles L. Deibel, Ii

Penn State Journal of Law & International Affairs

“‘Do not try to do too much with your own hands.’”

Obtaining Relief Under The Convention Against Torture: On The Issue Of Volition, Thomas F. Brier, Jr., Esq.

Penn State Journal of Law & International Affairs

No abstract provided.

“Foreign Agents,” Sovereignty, And Political Pluralism: How The Russian Foreign Agents Law Is Shaping Civil Society, Alexandra V. Orlova

Penn State Journal of Law & International Affairs

During the 1990s, many Russian non-governmental organizations (“NGOs”) secured foreign funding and participated in transnational advocacy networks. However, in the early 2000s, Russian authorities attempted to regain control over foreign-funded NGOs’ activities, presenting these NGOs as national security threats. The 2012 Russian Foreign Agents Law and the resulting 2018 challenge before the European Court of Human Rights reflect contemporary Russian political rhetoric that views Western governments and their agents, including NGOs, as threats to Russian sovereignty and national security. However, legal challenges also de-politicize the issues by forcing all parties into the framework of legal argument, reflecting the decline of …

Legalization And Norm Internalization: An Empirical Study Of International Human Rights Commitments Eliciting Public Support For Compliance, Matthew D. Kim, Ph.D.

Penn State Journal of Law & International Affairs

Past studies argue that states abide by international human rights laws because the ratification of human rights treaties elicits public demand for compliance. Yet, the extent to which human rights treaties affect public support for compliance is unclear. At times, legalization of norms seems to elicit substantial public support for compliance, but at other times, legalization seems to have little effect. This study incorporates the life cycle of norms to arrive at a deeper understanding of the conditions in which international legal commitments to human rights generate public support for compliance with human rights norms. Using a series of survey …

The Big Data Revolution And Its Impact On The Law: Introduction, Christopher C. French

Penn State Law Review

Introduction to Penn State Law Review's Symposium on Big Data. This article disucsses the impact of "Big Data," defined as "the collection of large amounts of data or information and the ability to analyze it in a meaningful way," on different people. Big Data's influence on people's behavior, insurers, social media and information sharing raise significant issues regarding privacy and people's rights to their own data. The debate on this issue is ongoing, and its importance is further heightened with the rise of Big Data.

For Sale: Window To The Soul Eye Tracking As The Impetus For Federal Biometric Data Protection, Ian Taylor Logan

Penn State Law Review

Eye tracking has existed as an important tool in numerous fields since the 1950s. Today, eye tracking hardware is smaller, cheaper, and more accurate than ever. As a result, eye tracking is anticipated to be ubiquitous within Virtual Reality (VR) headsets as a way to increase calibration accuracy, as well as the user's sense of immersion. Despite the importance of eye tracking data to the fields of marketing, behavioral science, and neuroscience, sparse literature has been published regarding the privacy implications of collecting such data from unwary consumers in an age where the collection of data through Intemet-connected devices is …

A Shot In The Dark: The Need To Clearly Define A Lawyer's Obligations Upon The Intentional Receipt Of Documents From An Anonymous Third Party, Mitchell James Kendrick

Penn State Law Review

"[R]ight is right, and wrong is wrong, and a body ain't got no business doing wrong when he ain't ignorant and knows better." Model Rule of Professional Conduct 4.4(b) was adopted because lawyers sometimes receive confidential or privileged information that was mistakenly sent or produced by opposing parties or their lawyers. Under Rule 4.4(b), if a lawyer knows or reasonably should know that such information was sent inadvertently, then the lawyer is required to notify the sender. However, the ABA has made clear that Rule 4.4(b) does not apply when a lawyer is the intentional recipient of such information. As …

Reining In Commercial Exploitation Of Consumer Data, Max N. Helveston

Penn State Law Review

The collection and use of consumer data by commercial entities has quickly transitioned from being an obscure topic to a headlining issue in leading media outlets. The burgeoning societal awareness of how digital devices are collecting and transmitting data about individuals has led to growing concerns about how this information is being used, stored, and sold. Legal scholars have identified insurance as one of the market sectors where commercial use of individuals' data could be particularly harmful to consumers. They have argued that, if left unrestricted, insurers would use Big Data analytics in ways that would decrease marginalized populations' access …

The Role Of Satellites And Smart Devices: Data Surprises And Security, Privacy, And Regulatory Challenges, Anne Toomey Mckenna, Amy C. Gaudion, Jenni L. Evans

Penn State Law Review

Strava, a popular social media platform and mobile app like Facebook but specifically designed for athletes, posts a "heatmap" with consensually-obtained details about users' workouts and geolocation. Strava's heatmap depicts aggregated data of user location and movement by synthesizing GPS satellite data points and movement data from users' smart devices together with satellite imagery. In January of 2018, a 20-year-old student tweeted that Strava's heatmap revealed U.S. forward operating bases. The tweet revealed a significant national security issue and flagged substantial privacy and civil liberty concerns. Smart devices, software applications, and social media platforms aggregate consumer data from multiple data …

Models For Predicting Business Bankruptcies And Their Application To Banking And Financial Regulation, James Ming Chen

Penn State Law Review

Models for Predicting Business Bankruptcies and Their Application to Banking and Financial Regulation

Deferred-Interest Credit For What Ails You: A Proposal For Regulation Of Healthcare Providers Under The Pennsylvania Credit Services Act, Jacob Wonn

Penn State Law Review

In self-pay healthcare markets-such as dentistry, fertility care, and cosmetic surgery-patients commonly finance their treatment on credit. For this reason, many providers in these markets have partnered with thirdparty medical creditors to offer their patients financing options. These medical creditors appeal to patients through deferred-interest financing plans that allow borrowers to avoid owing interest if they pay off their full balance within a given time period; however, patients who fail to do so are charged exorbitant interest rates. Unfortunately, patients frequently enter into these credit agreements without an accurate understanding of the terms and conditions, and providers are not currently …

Privacy And Informed Consent For Research In The Age Of Big Data, David M. Parker, Steven G. Pine, Zachary W. Ernst

Penn State Law Review

Big Data collections derived from medical records present regulatory and privacy challenges while holding significant promise for advancements in biomedical research. The growth of Big Data has been spurred by technological advances and the increasing use of electronic medical records. In this article, we explore how the concept of a rights to privacy and confidentiality for research subjects has developed, through both HIPAA and the Common Rule, as well as in the European Community's General Data Protection Regulation (GDPR). We analyze how developments in regulations governing human subjects research reflect both a heightened societal concern for individual privacy and confidentiality …

Drug Dealer Or Murderer? Pennsylvania's Approach To Drug Delivery Resulting In Death, Stormie B. Mauck

Penn State Law Review

Drug overdoses are rapidly increasing and are now tragically one of the leading causes of death of young adults in Pennsylvania. To combat this problem, Pennsylvania began aggressively charging individuals responsible for distributing drugs that were the cause of an overdose death under Section 2506 of the Pennsylvania Criminal Code: Drug Delivery Resulting in Death. The crime-which was originally classified as thirddegree murder but is now a first-degree felony-requires that the defendant acted recklessly in distributing drugs to another person, and carries a maximum prison sentence of 40 years. As drug addiction rates continue to soar across the country, many …

Dear Prisoners-Be Prepared To Be Gawkedat: Other Prisoners Watching You Stripnaked Is Reasonably Related To Penologicalinterests, Or Is It?, Kenzie Ryback

Penn State Law Review

The Fourth Amendment states that citizens have the constitutional right to privacy, which includes being free from unreasonable searches. When citizens become prisoners, however, their rights, including their Fourth Amendment right against unreasonable searches, may be limited. For example, the Supreme Court upheld the constitutionality of blanket strip search policies in correctional institutions. The Supreme Court, however, cautioned that an unreasonably conducted strip search is unconstitutional if the strip search does not pass the reasonableness test. Because the Supreme Court has only reviewed cases involving privately conducted strip searches, the federal circuit and district courts have faced a new challenge: …

Alternative Dispute Resolution: Toward A Clear, Reliable And Effective Dispute Resolution System In Saudi Arabia, Ahmad Bedaiwi

SJD Dissertations

Saudi Arabia has declared its post-oil economic plan: Vision 2030 seeks to make the Kingdom "a global investment powerhouse" and disentangle national economic growth from oil revenues. This dissertation argues that jurisdictions like Saudi Arabia that hope to foster hospitable environments for foreign investment and efficient trade systems must establish effective dispute resolution systems that all business parties can trust. Alternative Dispute Resolution (ADR) mechanisms fit perfectly in this context. ADR has become increasingly prevalent and popular around the world; indeed, arbitration and other means of ADR have become universal methods for resolving disputes in international commerce.

Determining whether the …

Bridging The Gap Between Daca And The Dream: The Bridge Act, What It Means, And Why It Matters, Ellen E. Findley

Penn State Journal of Law & International Affairs

No abstract provided.

Clarity In The Code Du Travail: The Plain Language Movement, French Legislative Drafting, And President Macron’S Collective Bargaining Reform, Adam Boyd

Penn State Journal of Law & International Affairs

Although the French Code is known as concise and elegant, the French Labor Code, or the Code du Travail, is not.1 Recent reform to the Code du Travail provides a chance to study Plain Language use in France in 2017. This Comment briefly introduces what Plain Language is, its goal of making the law easier to read, and the international movement to implement Plain Language legal reforms. The Comment then introduces a summary of the French legal system relevant to discussion of the Code du Travail, including how legislation is passed and the structure of a French statute. Next, the …

“One Is The Loneliest Number”: A Comparison Of Solitary Confinement Practices In The United States And The United Kingdom, Daniella Johner

Penn State Journal of Law & International Affairs

No abstract provided.

American Immigration: A Path Of Return To A Pre-Modern Ideal Of Open Immigration Policy, Zachary J. Carls

Penn State Journal of Law & International Affairs

No abstract provided.

The Mystery Of The Corporate Veil: Comparing Anglo-American Jurisdictions, Peter N. Levenberg, Sc

Penn State Journal of Law & International Affairs

No abstract provided.