Law Commons^™

Other People's Patriot Acts: Europe's Response To September 11, Kim Lane Scheppele

Faculty Scholarship at Penn Carey Law

After September 11, many countries changed their laws to make it easier to fight terrorism. They did so in part because the United Nations Security Council passed Resolution 1373 under its Chapter VII powers. The resolution required all Members of the United Nations to criminalize terrorism, to prevent their territory from being used to plan or promote terrorism, to crack down on terrorism financing, to tighten up immigration and asylum procedures and to share information about terrorists and terrorist threats with other states. This article examines what happened to the Security Council mandate when it got to Europe by first …

A Realpolitik Defense Of Social Rights, Kim Lane Scheppele

Faculty Scholarship at Penn Carey Law

Social rights are controversial in theory, but many constitutions feature long lists of social rights anyway. But how can poor states ever hope to realize these rights? This article examines the practical bargaining over social rights that occurs when countries go broke and international financial institutions step in to direct internal fiscal affairs. Constitutional Courts can give their own governments leverage in bargaining with the IMF by making strong decisions defending social rights just at those moments. Because of the IMF's commitment to the rule of law, it is hard for the IMF to insist as part of the conditionality …

Corporate Anatomy Lessons, David A. Skeel Jr.

Faculty Scholarship at Penn Carey Law

No abstract provided.

Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank

Faculty Scholarship at Penn Carey Law

No abstract provided.

The Recently Revised Marriage Law Of China: The Promise And The Reality, Charles J. Ogletree Jr., Rangita De Silva De Alwis

Faculty Scholarship at Penn Carey Law

In April 2001, the Standing Committee of the Ninth National People's Congress (NPC), China's highest legislative body, passed the long-debated and much awaited amendments to the Marriage Law on the closing day of its twenty-first session. As stated by one PRC commentator, "In the 50 years since the founding of the New China, there has not been any law that has caused such a widespread concern for ordinary people."'

Even though the recent revisions to the marriage laws have been hailed as some of the most significant and positive changes in family law in China, thus far no empirical evaluation …

The Unfulfilled Promise Of Korean Telecommunications Reform, Christopher S. Yoo

Faculty Scholarship at Penn Carey Law

The deployment of telecommunications services in Korea represents one of the great technological success stories of the developing world. In a remarkably brief period, the penetration of local telephone service, wireless telephony, and broadband technologies has soared to among the highest levels in the world. The history of Korean telecommunications thus provides a useful case study for other developing countries seeking to expand and modernize their telecommunications infrastructures. At first blush, the explosive growth of telecommunications services has appeared to go hand in hand with the liberalization of Korea's telecommunications markets. A review of the history of Korean telecommunications reform …

The Conceptual Jurisprudence Of The German Constitution, William Ewald

Faculty Scholarship at Penn Carey Law

No abstract provided.

Atypical Pneumonia And Ambivalent Law And Politics: Sars And The Response To Sars In China, Jacques Delisle

Faculty Scholarship at Penn Carey Law

No abstract provided.

Pari Passu And A Distressed Sovereign's Rational Choices, William W. Bratton

Faculty Scholarship at Penn Carey Law

No abstract provided.