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Full-Text Articles in Law
Rights, Respect, Responsibility: Advancing The Sexual And Reproductive Health And Rights Of Young People Through International Human Rights Law, Janine Kossen
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Mediation Of Special Education Disputes In Pennsylvania, Sonja Kerr, Jenai St. Hill
Mediation Of Special Education Disputes In Pennsylvania, Sonja Kerr, Jenai St. Hill
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Colorblind Education Reform: How Race-Neutral Policies Perpetuate Segregation And Why Voluntary Integration Should Be Put Back On The Reform Agenda, Jamie Gullen
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Youth Courts: Lawyers Helping Students Make Better Decisions, Gregory Volz, David Keller Trevaskis, Rachel Miller
Youth Courts: Lawyers Helping Students Make Better Decisions, Gregory Volz, David Keller Trevaskis, Rachel Miller
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Against All Odds: Community And Policy Solutions To Address The American Youth Crisis, Kisha Bird
Against All Odds: Community And Policy Solutions To Address The American Youth Crisis, Kisha Bird
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Pure Software In An Impure World? Winny, Japan's First P2p Case, Ridwan Khan
Pure Software In An Impure World? Winny, Japan's First P2p Case, Ridwan Khan
East Asia Law Review
In 2011, Japan’s Supreme Court decided its first contributory infringement peer-to-peer case, involving Isamu Kaneko and his popular file-sharing program, Winny. This program was used in Japan to distribute many copyrighted works, including movies, video games, and music. At the district court level, Kaneko was found guilty of contributory infringement, fined 1.5 million yen, and sentenced to one year in prison. However, the Osaka High Court reversed the district court and found for Kaneko. The High Court decision was then affirmed by the Supreme Court, which settled on a contributory infringement standard based on fault, similar to the standard announced …
Courtroom Drama With Chinese Characteristics: A Comparative Approach To Legal Process In Chinese Cinema, Stephen Mcintyre
Courtroom Drama With Chinese Characteristics: A Comparative Approach To Legal Process In Chinese Cinema, Stephen Mcintyre
East Asia Law Review
While previous “law and film” scholarship has concentrated mainly on Hollywood films, this article examines legal themes in Chinese cinema. It argues that Chinese films do not simply mimic Western conventions when portraying the courtroom, but draw upon a centuries-old, indigenous tradition of “court case” (gong’an) melodrama. Like Hollywood cinema, gong’an drama seizes upon the dramatic and narrative potential of legal trials. Yet, while Hollywood trial films turn viewers into jurors, pushing them back and forth between the competing stories that emerge from the adversarial process, gong’an drama eschews any recognition of opposing narratives, instead centering on the punishment of …
War On The Korean Peninsula? Application Of Jus In Bello In The Cheonan And Yeonpyeong Island Attacks, Seunghyun Sally Nam
War On The Korean Peninsula? Application Of Jus In Bello In The Cheonan And Yeonpyeong Island Attacks, Seunghyun Sally Nam
East Asia Law Review
The media often reports that the Korean Peninsula is ‘technically at war’, but there is still uncertainty surrounding the issue of whether the Korean Peninsula is, as a matter of law, in a state of war. This legal issue has now become particularly important as the International Criminal Court released a statement on December 6, 2010 in which it opened a preliminary examination of whether the sinking of the South Korean warship, the Cheonan, which was found to be a result of a torpedo attack from a North Korean submarine, and artillery attacks from North Korea that occurred near Yeonpyeong …
Can The States Keep Secrets From The Federal Government, Robert A. Mikos
Can The States Keep Secrets From The Federal Government, Robert A. Mikos
University of Pennsylvania Law Review
No abstract provided.
Tailoring Discovery: Using Nontranssubstantive Rules To Reduce Waste And Abuse, Joshua M. Koppel
Tailoring Discovery: Using Nontranssubstantive Rules To Reduce Waste And Abuse, Joshua M. Koppel
University of Pennsylvania Law Review
No abstract provided.
Take Care That The Laws Be Faithfully Litigated, Parker Rider-Longmaid
Take Care That The Laws Be Faithfully Litigated, Parker Rider-Longmaid
University of Pennsylvania Law Review
No abstract provided.
The Missed Opportunity Of United States V. Jones: Commercial Erosion Of Fourth Amendment Protection In A Post-Google Earth World, Mary G. Leary
The Missed Opportunity Of United States V. Jones: Commercial Erosion Of Fourth Amendment Protection In A Post-Google Earth World, Mary G. Leary
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Can You Handle The Truth? Compelled Commercial Speech And The First Amendment, Jenniver M. Keighley
Can You Handle The Truth? Compelled Commercial Speech And The First Amendment, Jenniver M. Keighley
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Due Process Limitations On Rule 23(B)(2) Monetary Remedies: Examining The Source Of The Limitation In Wal-Mart Stores, Inc. V. Dukes, Megan E. Barriger
Due Process Limitations On Rule 23(B)(2) Monetary Remedies: Examining The Source Of The Limitation In Wal-Mart Stores, Inc. V. Dukes, Megan E. Barriger
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Padilla V. Kentucky: Overcoming Teague's "Watershed" Exception To Non-Retroactivity, Jennifer H. Berman
Padilla V. Kentucky: Overcoming Teague's "Watershed" Exception To Non-Retroactivity, Jennifer H. Berman
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Equality Federalism: A Solution To The Marriage Wars, Mae Kuykendall
Equality Federalism: A Solution To The Marriage Wars, Mae Kuykendall
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Diversity Within Racial Groups And The Constitutionality Of Race-Conscious Admissions, Vinay Harpalani
Diversity Within Racial Groups And The Constitutionality Of Race-Conscious Admissions, Vinay Harpalani
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Transformative Properties Of Fdr's Court-Packing Plan And The Significance Of Symbol, Laura A. Cisneros
Transformative Properties Of Fdr's Court-Packing Plan And The Significance Of Symbol, Laura A. Cisneros
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Unlikely Beginnings Of Modern Constitutional Thought, Louise Weinberg
Unlikely Beginnings Of Modern Constitutional Thought, Louise Weinberg
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Improving Cross-Border Investment Regulation: A Case Study Of China's Largest And Least Known Sovereign Wealth Fund, Margalit Faden
Improving Cross-Border Investment Regulation: A Case Study Of China's Largest And Least Known Sovereign Wealth Fund, Margalit Faden
East Asia Law Review
This paper highlights current problems in the international regulatory regime governing sovereign wealth funds by examining Chinese-funded Safe Investment Company’s equity investments into three Australian banks. It proceeds by analyzing how the operative laws and international agreements governing those investments--Hong Kong law, Australian law, the New York Convention, and customary international law—fail in part to adequately regulate the cross-border investments of one of the largest and most opaque sovereign wealth funds in the world. Assessment of existing legal oversight and Hong Kong’s strict absolute sovereign immunity stance leads to the conclusion that the Safe Investment Company’s investments must be closely …
What The New Deal Settled, Jamal Greene
What The New Deal Settled, Jamal Greene
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Is Gifting Dead In Chapter 11 Reorganizations? Examining Abxolute Priority In The Wake Of The Second Circuit's No Gift Rule In Re Dbsd, Michael Carnevale
Is Gifting Dead In Chapter 11 Reorganizations? Examining Abxolute Priority In The Wake Of The Second Circuit's No Gift Rule In Re Dbsd, Michael Carnevale
University of Pennsylvania Journal of Business Law
No abstract provided.
Obstacles To Integrative Medicine: The Case Of Traditional Chinese Medicine In Taiwan, Chih-Hsiung Chen
Obstacles To Integrative Medicine: The Case Of Traditional Chinese Medicine In Taiwan, Chih-Hsiung Chen
East Asia Law Review
The model of regulations on Traditional Chinese Medicine (TCM) in Taiwan is often categorized as “equalization” or “non-discriminatory,” though in reality the TCM practice is unequally regulated or even marginalized. The thesis of this Article is that medical licensing law in Taiwan played a major role in marginalizing TCM in the medical system and thus delayed the acceptance of TCM by orthodox medicine. First, this Article will describe the “separate-but-equal” doctrine in determining the scope-of-practice issue of TCM regulations. The doctrine exclusively defines the practice boundaries of TCM doctors, thereby obstructing the modernization of TCM practices. Some examples indicate this …
Symposium Introduction, Craig L. Jackson
Symposium Introduction, Craig L. Jackson
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Beyond Seperation In Federalism Enforcement: Medicaid Expansion, Coercion, And The Norm Of Engagement, Charlton C. Copeland
Beyond Seperation In Federalism Enforcement: Medicaid Expansion, Coercion, And The Norm Of Engagement, Charlton C. Copeland
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Were “It” To Happen: Contract Continuity Under Euro Regime Change, Robert Hockett
Were “It” To Happen: Contract Continuity Under Euro Regime Change, Robert Hockett
University of Pennsylvania Journal of International Law
No abstract provided.
The Limiting Principle Strategy And Challenges To The New Deal Commerce Clause, Craig L. Jackson
The Limiting Principle Strategy And Challenges To The New Deal Commerce Clause, Craig L. Jackson
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Man On The Flying Trapeze, Barry Cushman
The Man On The Flying Trapeze, Barry Cushman
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Transaction Account Fees: Do The Poor Really Pay More Than The Rich?, Julie Andersen Hill
Transaction Account Fees: Do The Poor Really Pay More Than The Rich?, Julie Andersen Hill
University of Pennsylvania Journal of Business Law
No abstract provided.
Trademark Apologetic Justice: China's Trademark Jurisprudence On Reputational Harm, Xuan-Thao Nguyen
Trademark Apologetic Justice: China's Trademark Jurisprudence On Reputational Harm, Xuan-Thao Nguyen
University of Pennsylvania Journal of Business Law
No abstract provided.