Law Commons^™

Anti-Carceral Human Rights Advocacy, Chi Adanna Mgbako, Nate Johnson, Vivienne Bang Brown, Megan Cheah, Kimya Zahedi

University of Pennsylvania Journal of Law and Social Change

The theory of carceral abolition entered the mainstream during the 2020 global protests for Black lives. Abolition calls for divestment from carceral institutions like police and prisons in favor of the expansion of social and economic programs that ensure public safety and nurture community well-being. Although there is little scholarship explicitly linking abolition to international human rights, there are scholars and advocates who implicitly echo abolitionist theories by critiquing the international human rights regime's overreliance on criminal law. These critics argue that relying on carceral institutions to address impunity for human rights abuses and promote gender justice does little to …

Masthead

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Let's Talk About Sex (Work): The Irony Of Partial Decriminalization Of Sex Work, Linda S. Anderson

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

California High: A Note On Enforcement Of The Harrison Act, Lawrence M. Friedman, Omar Vasquez Duque

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Why Do Public Students In High School Get More Free Speech Protection Than In Universities? A Comparative Analysis Of “Off-Campus” Free Speech In Secondary School And Post-Secondary Public Schooling, Madeline Feldman Fenton

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Insanity-Plea Bargains: A Constitutionally And Practically Good Idea?, Sarah J. Goodman

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Constitutional Whodunnits: Maintaining Section 1983 And Bivens Suits Against Unidentified State Actors, Samuel Rossum

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Interbranch Equity, Jonathan Shaub

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

The Unfinished Revolution For Immigrant Civil Rights, Allison B. Tirres

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Internet Human Rights, Michael J. Kelly, David Satola

University of Pennsylvania Journal of Law and Social Change

The rate at which Internet connectivity is spreading is matched only by the increasing amount of time people spend online. Today over 5 billion humans access the Internet; the overwhelming majority of them engage in social media, and almost all of them live out key aspects of their daily lives digitally. Human rights are universal in the sense that they apply to everyone, everywhere. And while there are indicators that they apply in cyberspace, how they apply is a different story.

Now, as the Universal Declaration of Human Rights (UDHR) turns 75, we wonder how many of those rights accompany …

Socio-Philosophical Ontology: Supraorganic Emergence Of Social Reality, René Reich-Graefe

University of Pennsylvania Journal of Law and Social Change

This article develops and defends a general theory of supraorganic emergence of social reality which, as a base model, is also claimed to causally underpin all instances of sociolegal emergencenamely, the collectivist and wholistic organizational process of a given society that, over large, intergenerational timescales, produces sociolegal rules and practices in terms of legal-system social institutions on the one hand (for example, the first-tier legal recognition and organization of businesses as partnerships and corporations) and legal-system social laws on the other hand (for example, the second-tier legal recognition and organization of certain intra-business fiduciary duties among business owners and managers). …

War, Shelly Aviv Yeini

University of Pennsylvania Journal of International Law

No abstract provided.

International Tax Reform: Who Gets A Seat At The Table?, Assaf Harpaz

University of Pennsylvania Journal of International Law

No abstract provided.

The Shift In Power Distribution And Its Influence On The Law Of The Sea, Youngmin Seo

University of Pennsylvania Journal of International Law

Power and its distribution have always been the central themes of international law, yet international lawyers have paid limited attention to the correlation between power shifts and legal change. Notably, international law effectively operates when balance of power is sustained. With this qualification, this paper examines the relationship of international law with the change in power distribution, arguing that international law should proactively attend to power in order to contribute to the peaceful reconfiguration of the international system. Furthermore, this paper explores the mechanism of power shift being transmitted to law shift and specifically adduces the process and effectiveness of …

Examining The Inadequacy Of The Gatt's Rules-Exceptions Paradigm In The Fight Against Climate Change: The Case For A Wto Climate Waiver, Sarah Ahmad

University of Pennsylvania Journal of International Law

With the gradual deterioration of climate change, the World Trade Organization (“WTO”) faces a dilemma: how much leeway can the institution give its members to pursue trade-restrictive climate action while safeguarding the strength and integrity of the international trading system? The nexus between trade and climate change has become increasingly recognized, with the first-ever “trade day” to be held at this year’s COP28. This linkage gives rise to the question of how the General Agreement on Trade and Tariffs (“GATT”), laying the legal foundations for the WTO, accommodates members’ mitigatory climate action. In this regard, the GATT strictly separates the …

Fiduciary Deadlock, Roberto Tallarita

University of Pennsylvania Law Review Online

In the current ESG debate, one leading theory argues that diversified investors have a financial incentive to reduce negative corporate externalities, such as greenhouse gas emissions, because they internalize those externalities within their investment portfolio. This Essay examines how this “portfolio primacy” theory interacts with the multiple layers of fiduciary duties of investment and corporate managers. Using a hypothetical emissions reduction in ExxonMobil as a paradigmatic case, I show that portfolio primacy creates a fiduciary deadlock: a situation in which multiple fiduciary relationships—between investment advisers and fund investors, between corporate managers and shareholders, and between controlling and minority shareholders—come into …

Exploiting Seabed Law, Stephen Cody, Jeffrey Feldmann

University of Pennsylvania Journal of International Law

Private companies and sovereign States have begun mining the deep sea for polymetallic nodules that contain precious minerals, including cobalt, nickel, copper, and magnesium. In 2021, the small island nation of Nauru triggered a procedural “two-year rule” that requires the International Seabed Authority (ISA) to finalize regulations for deep sea mining (DSM) or consider the provisional approval of commercial exploitation applications. This two-year deadline passed in July 2023 without any resolution. ISA Members States continue to debate a precautionary moratorium on deep sea mining operations in light of inadequate scientific and environmental information about deep sea ecosystems. Meanwhile, advocates argue …

Legal Gender Recognition In Nepal And Comparative Context, Holning Lau, Mara Malagodi

University of Pennsylvania Journal of International Law

The Supreme Court of Nepal was a groundbreaker when it ruled in Pant v. Nepal (2007) that people have the right to change their gender on identity documents based on “self-feelings” and “self-determination” as opposed to medical or other criteria. At the time, no other national apex court or national government had so clearly prioritized self-determination as the guiding principle for resolving matters concerning gender identity. The decision in Pant, however, focused on people of “third gender,” in other words people who identify as neither male nor female. Now, the Supreme Court of Nepal is considering the case of a …

Climate Neutrality And Sustainability In International Trade, Rafael Leal-Arcas, Luis Ulloa Martinez, Victory Abang, Krishma Kapur, Saffron Greenwood, Konstantinos Chatzopoulos, Archana Nair, Lisa Schoettmer

University of Pennsylvania Journal of International Law

No abstract provided.

Judging China: The Chinese Legal System In U.S. Courts, Donald Clarke

University of Pennsylvania Journal of International Law

No abstract provided.

Trademark Restrictions As Instruments Of Public Health Retrenchment, Patricia L. Judd

University of Pennsylvania Journal of International Law

No abstract provided.

Post-Pandemic Constitutionalism: Covid-19 As A Game-Changer For “Common Principles”?, Arianna Vedaschi, Chiara Graziani

University of Pennsylvania Journal of International Law

No abstract provided.

Lay Bare Its Hidden Frame: The Deprivation Of Foreign Isis Fighter's Citizenship In Denmark, The Netherlands, And The United Kingdom, Helena Von Nagy

University of Pennsylvania Journal of International Law

With the rise of ISIS came the return of banishment. Ministers for security, immigration, or justice in many European countries now may revoke individuals’ citizenships based on the suspicion of their involvement with ISIS. Despite the universality of human rights, citizenship plays a fundamental role in international human rights law and protections. It is the key legal connection between the individual and the human rights system. Appropriately, that human rights law protects against the arbitrary deprivation of citizenship. However, those same treaties empower States with the option to remove individuals’ citizenship if they act in ways prejudicial to the interests …

Economic Inequality In The Age Of Human Rights, Daniel Benoliel

University of Pennsylvania Journal of International Law

The monstrous pendulum of inequality in the twenty-first century swings sideways amid welfare economics and egalitarianism. Horizontal inequalities embodied by pro-poor policy on grounds such as gender, race, and disability, have long been core international human rights concerns. Yet, gross inequalities in economic status, nationally and globally, are still poorly conceptualized by legal scholars, policymakers, and practitioners.

In search of a policy lever, this article argues that as far as economic theory goes, neither theoretical nor empirical economic research adequately correlates economic inequalities and growth. That is, beyond horizontal inequalities concerning the extreme poor. As economic research remains inept in …

Sanctions, Nukes And Juche: Franchising In North Korea, Robert W. Emerson, Jason R. Parnell

University of Pennsylvania Journal of International Law

No abstract provided.

Getting Involved In The Technology Sector: The Role Of Sovereign Wealth Funds And Their Challenges To International Economic Governance, Mengjing Kong

University of Pennsylvania Journal of International Law

No abstract provided.

From Global Databases To Global Norms? The Case Of Cultural Property Law, Amnon Lehavi

University of Pennsylvania Journal of International Law

No abstract provided.

Debt Textualism And Creditor-On-Creditor Violence: A Modest Plea To Keep The Faith, Eric Talley, Sneha Pandya

University of Pennsylvania Law Review

No abstract provided.

Peaceful Purposes Reservations In The Law Of The Sea Convention And The Regulation Of Military Exercises Or Maneuvers In The Exclusive Economic Zone, Henrique Marcos, Eduardo Cavalcanti De Mello Filho

University of Pennsylvania Journal of International Law

No abstract provided.

Legal Systems Inside Out: American Legal Exceptionalism And China’S Dream Of Legal Cosmopolitanism, Matthew S. Erie

University of Pennsylvania Journal of International Law

No abstract provided.