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Articles 1 - 30 of 31
Full-Text Articles in Law
Brief For Justice Richard J. Goldstone As Amicus Curiae In Support Of Petitioner, Sarah Paoletti
Brief For Justice Richard J. Goldstone As Amicus Curiae In Support Of Petitioner, Sarah Paoletti
All Faculty Scholarship
Amicus curiae herein argue the present petition for a writ of certiorari should be granted as it rightly questions the very legitimacy of the military commission used to try Petitioner based on a theory of equality. International and comparative law further bolster Petitioner’s argument that the Military Commissions Act’s establishment of a segregated criminal justice system in which only non-citizens are subject to military commission jurisdiction violates the equal rights of Petitioner and all non-citizens subject to its jurisdiction.
Equality is a central principle undergirding human rights law that pre-dates the founding of the United Nations and the drafting of …
Cooperative And Uncooperative Foreign Affairs Federalism, Jean Galbraith
Cooperative And Uncooperative Foreign Affairs Federalism, Jean Galbraith
All Faculty Scholarship
This book review argues for reorienting how we think about federalism in relation to foreign affairs. In considering state and local engagement in foreign affairs, legal scholars often focus on the opportunities and limits provided by constitutional law. Foreign Affairs Federalism: The Myth of National Exclusivity by Michael Glennon and Robert Sloane does precisely this in a thoughtful and well-crafted way. But while the backdrop constitutional principles studied by Glennon and Sloane are important, so too are other types of law that receive far less attention. International law, administrative law, particular statutory schemes, and state law can all affect how …
Does Judicial Independence Matter? A Study Of The Determinants Of Administrative Litigation In An Authoritarian Regime, Wei Cui
University of Pennsylvania Journal of International Law
No abstract provided.
Conceptualizing Famine As A Subject Of International Criminal Justice: Towards A Modality-Based Approach, Randle C. Defalco
Conceptualizing Famine As A Subject Of International Criminal Justice: Towards A Modality-Based Approach, Randle C. Defalco
University of Pennsylvania Journal of International Law
No abstract provided.
Spinning Straw Into Gold: Incorporating The Business And Human Rights Agenda Into International Investment Agreements, Barnali Choudhury
Spinning Straw Into Gold: Incorporating The Business And Human Rights Agenda Into International Investment Agreements, Barnali Choudhury
University of Pennsylvania Journal of International Law
No abstract provided.
The Public Defender As International Transplant, John D. King
The Public Defender As International Transplant, John D. King
University of Pennsylvania Journal of International Law
No abstract provided.
Genocide And Belonging: Processes Of Imagining Communities, Adeno Addis
Genocide And Belonging: Processes Of Imagining Communities, Adeno Addis
University of Pennsylvania Journal of International Law
No abstract provided.
Refugees, Rights, And Responsibilities: Bridging The Integration Gap, Megan J. Ballard
Refugees, Rights, And Responsibilities: Bridging The Integration Gap, Megan J. Ballard
University of Pennsylvania Journal of International Law
No abstract provided.
Treaty Penumbras, Kishanthi Parella
Treaty Penumbras, Kishanthi Parella
University of Pennsylvania Journal of International Law
No abstract provided.
Soft Law's Failure On The Horizon: The International Code Of Conduct For Outer Space Activities, Jack M. Beard
Soft Law's Failure On The Horizon: The International Code Of Conduct For Outer Space Activities, Jack M. Beard
University of Pennsylvania Journal of International Law
No abstract provided.
A Typology Of Privacy, Bert-Jaap Koops, Bryce Clayton Newell, Tjerk Timan, Ivan Škorvánek, Tomislav Chokrevski, Maša Galič
A Typology Of Privacy, Bert-Jaap Koops, Bryce Clayton Newell, Tjerk Timan, Ivan Škorvánek, Tomislav Chokrevski, Maša Galič
University of Pennsylvania Journal of International Law
No abstract provided.
The Occupation Of The Law: Judiciary-Legislature Power Dynamics In Palestinians' Tort Claims Against Israel, Gilat J. Bachar
The Occupation Of The Law: Judiciary-Legislature Power Dynamics In Palestinians' Tort Claims Against Israel, Gilat J. Bachar
University of Pennsylvania Journal of International Law
No abstract provided.
Accountability For "Crimes Against The Laws Of Humanity" In Boxer China: An Experiment With International Justice At Paoting-Fu, Benjamin E. Brockman-Hawe
Accountability For "Crimes Against The Laws Of Humanity" In Boxer China: An Experiment With International Justice At Paoting-Fu, Benjamin E. Brockman-Hawe
University of Pennsylvania Journal of International Law
No abstract provided.
Law As A Prism Into National Identity: The Case Of Mishpat Ivri, Isaac Roszler
Law As A Prism Into National Identity: The Case Of Mishpat Ivri, Isaac Roszler
University of Pennsylvania Journal of International Law
No abstract provided.
Combating Impunity: The Private Military Industry, Human Rights, And The “Legal Gap”, Natasha Arnpriester
Combating Impunity: The Private Military Industry, Human Rights, And The “Legal Gap”, Natasha Arnpriester
University of Pennsylvania Journal of International Law
No abstract provided.
The Internationalization Of Sources Of Labor Law, James J. Brudney
The Internationalization Of Sources Of Labor Law, James J. Brudney
University of Pennsylvania Journal of International Law
No abstract provided.
Saving The Korean Securities Class Action, Benjamin Joon-Buhm Lee
Saving The Korean Securities Class Action, Benjamin Joon-Buhm Lee
University of Pennsylvania Journal of International Law
No abstract provided.
Conflict Constitution-Making In Libya And Yemen, Darin E.W. Johnson
Conflict Constitution-Making In Libya And Yemen, Darin E.W. Johnson
University of Pennsylvania Journal of International Law
No abstract provided.
The Public Sector Ombudsman In Greater China: Four “Chinese” Models Of Administrative Supervision, Stephen Thomson
The Public Sector Ombudsman In Greater China: Four “Chinese” Models Of Administrative Supervision, Stephen Thomson
University of Pennsylvania Journal of International Law
No abstract provided.
The Black Box Of International Civil Servant Accountability: Searching For Order In The Disordered United Nations System, Allison Kowalski
The Black Box Of International Civil Servant Accountability: Searching For Order In The Disordered United Nations System, Allison Kowalski
University of Pennsylvania Journal of International Law
No abstract provided.
Security Interests In Book-Entry Securities In Japan: Should Japanese Law Embrace Perfection By Control Agreement And Security Interests In Securities Accounts?, Kumiko Koens, Charles W. Mooney Jr.
Security Interests In Book-Entry Securities In Japan: Should Japanese Law Embrace Perfection By Control Agreement And Security Interests In Securities Accounts?, Kumiko Koens, Charles W. Mooney Jr.
University of Pennsylvania Journal of International Law
No abstract provided.
Survival Of Only The Fittest Social Groups: The Evolutionary Impact Of Social Distinction And Particularity, Helen P. Grant
Survival Of Only The Fittest Social Groups: The Evolutionary Impact Of Social Distinction And Particularity, Helen P. Grant
University of Pennsylvania Journal of International Law
No abstract provided.
Recognition And Enforcement Of Foreign Provisional Orders In The United States: Toward A Practical Solution, S. Nathan Park
Recognition And Enforcement Of Foreign Provisional Orders In The United States: Toward A Practical Solution, S. Nathan Park
University of Pennsylvania Journal of International Law
No abstract provided.
Masthead
University of Pennsylvania Journal of International Law
No abstract provided.
Can Big Data Revolutionize International Human Rights Law?, Galit A. Sarfaty
Can Big Data Revolutionize International Human Rights Law?, Galit A. Sarfaty
University of Pennsylvania Journal of International Law
No abstract provided.
The Contours Of Permissionless Innovation In The Outer Space Domain, Matthew Schaefer
The Contours Of Permissionless Innovation In The Outer Space Domain, Matthew Schaefer
University of Pennsylvania Journal of International Law
No abstract provided.
Legal Innovation In Investment Law: Rhetoric And Practice In Emerging Countries, Sonia E. Rolland, David M. Trubek
Legal Innovation In Investment Law: Rhetoric And Practice In Emerging Countries, Sonia E. Rolland, David M. Trubek
University of Pennsylvania Journal of International Law
No abstract provided.
A Carrot Or A Stick? Strengthening The Rule Of Law With A Stick: Failure To Enforce Sexual Assault Laws As A Crime Against Humanity, Naomi Harlin Goodno
A Carrot Or A Stick? Strengthening The Rule Of Law With A Stick: Failure To Enforce Sexual Assault Laws As A Crime Against Humanity, Naomi Harlin Goodno
University of Pennsylvania Journal of International Law
No abstract provided.
Immovable-Associated Equipment Under The Draft Mac Protocol: A Sui Generis Challenge For The Cape Town Convention, Benjamin Von Bodungen, Charles W. Mooney Jr.
Immovable-Associated Equipment Under The Draft Mac Protocol: A Sui Generis Challenge For The Cape Town Convention, Benjamin Von Bodungen, Charles W. Mooney Jr.
All Faculty Scholarship
UNIDROIT is in the process of adopting a fourth Protocol under the umbrella of the Cape Town Convention, the MAC Protocol, which will cover mining, agricultural and construction equipment. This article addresses a challenge faced by the MAC Protocol that was not encountered in the development of the previous Protocols - the potential for MAC equipment to be associated with immovable property in ways that result in the holder of an interest in the immovable property acquiring an interest in the associated MAC equipment under the law of the State in which the immovable property is located. The article first …
Making Treaty Implementation More Like Statutory Implementation, Jean Galbraith
Making Treaty Implementation More Like Statutory Implementation, Jean Galbraith
All Faculty Scholarship
Both statutes and treaties are the “supreme law of the land,” and yet quite different practices have developed with respect to their implementation. For statutes, all three branches have embraced the development of administrative law, which allows the executive branch to translate broad statutory directives into enforceable obligations. But for treaties, there is a far more cumbersome process. Unless a treaty provision contains language that courts interpret to be directly enforceable, they will deem it to require implementing legislation from Congress. This Article explores and challenges the perplexing disparity between the administration of statutes and treaties. It shows that the …