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Full-Text Articles in Law

Brief For Justice Richard J. Goldstone As Amicus Curiae In Support Of Petitioner, Sarah Paoletti Sep 2017

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 Jun 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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. Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

Masthead

University of Pennsylvania Journal of International Law

No abstract provided.


Can Big Data Revolutionize International Human Rights Law?, Galit A. Sarfaty Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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. Jan 2017

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 Jan 2017

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 …