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Full-Text Articles in Law

Storm And Wastewater Infrastructure: Negotiating Disputes In The Face Of Covid And Extreme Weather Events, Shannon Leininger Dec 2021

Storm And Wastewater Infrastructure: Negotiating Disputes In The Face Of Covid And Extreme Weather Events, Shannon Leininger

Arbitration Law Review

No abstract provided.


A New (Deepwater) Horizon For Arbitrator Bias, Michael Konen Dec 2021

A New (Deepwater) Horizon For Arbitrator Bias, Michael Konen

Arbitration Law Review

No abstract provided.


Finra’S Dispute Resolution Pandemic Response, Kristen M. Blankley Dec 2021

Finra’S Dispute Resolution Pandemic Response, Kristen M. Blankley

Arbitration Law Review

No abstract provided.


Novel Issues In Canadian Labour Arbitration Related To Covid-19, Richard Bales Dec 2021

Novel Issues In Canadian Labour Arbitration Related To Covid-19, Richard Bales

Arbitration Law Review

No abstract provided.


Fragmentation And Judicialization Of International Commercial Arbitration: Expedited Arbitration And The “Arbitral Trial”, Ylli Dautaj Dec 2021

Fragmentation And Judicialization Of International Commercial Arbitration: Expedited Arbitration And The “Arbitral Trial”, Ylli Dautaj

Arbitration Law Review

No abstract provided.


Arbitrability Or Delegation: A Comment On Seiu Local 121rn V. Los Robles Reg'l Med. Ctr., Tim Mangan Dec 2021

Arbitrability Or Delegation: A Comment On Seiu Local 121rn V. Los Robles Reg'l Med. Ctr., Tim Mangan

Arbitration Law Review

No abstract provided.


What Title Ix Dispute Systems Designers Can Learn From Arbitration, Sarah Rudolph Cole Dec 2021

What Title Ix Dispute Systems Designers Can Learn From Arbitration, Sarah Rudolph Cole

Arbitration Law Review

No abstract provided.


Contributory Fault And Investor Misconduct In Investment Arbitration, Matthew Nichol Dec 2021

Contributory Fault And Investor Misconduct In Investment Arbitration, Matthew Nichol

Arbitration Law Review

No abstract provided.


The Human Psyche’S Effect On Arbitral Witness Accuracy, Caroline Skaff Dec 2021

The Human Psyche’S Effect On Arbitral Witness Accuracy, Caroline Skaff

Arbitration Law Review

No abstract provided.


No Time For Hand-Wringing: A Comment On Nat’L Weather Serv. Emp.’S Org. V. Flra, Simon X. Cao Dec 2021

No Time For Hand-Wringing: A Comment On Nat’L Weather Serv. Emp.’S Org. V. Flra, Simon X. Cao

Arbitration Law Review

No abstract provided.


Article: Misplaced Fear, How Private International Arbitration Will Not Crumble In The Face Of Compelling Discovery Under § 1782(A), Keenan Rambo Dec 2021

Article: Misplaced Fear, How Private International Arbitration Will Not Crumble In The Face Of Compelling Discovery Under § 1782(A), Keenan Rambo

Arbitration Law Review

No abstract provided.


Hypothetical Ai Arbitrators: A Deficiency In Empathy And Intuitive Decision-Making, Cole Dorsey Dec 2021

Hypothetical Ai Arbitrators: A Deficiency In Empathy And Intuitive Decision-Making, Cole Dorsey

Arbitration Law Review

No abstract provided.


Why An Improper Venue Can Have Lasting Effects On The Intersection Of Sport And Human Rights, Jenna Ebersbacher Dec 2021

Why An Improper Venue Can Have Lasting Effects On The Intersection Of Sport And Human Rights, Jenna Ebersbacher

Arbitration Law Review

No abstract provided.


Fake, Andrea M. Matwyshyn, Miranda Mowbray Oct 2021

Fake, Andrea M. Matwyshyn, Miranda Mowbray

Journal Articles

The Internet today is full of fake people and fake information. Trust in both technology and institutions is in a downward spiral. This Article offers a novel comprehensive framework for calibrating a legal response to technology “fakery” through the lens of information security. Introducing the problems of Internet “MIST”—manipulation, impersonation, sequestering, and toxicity—it argues that these MIST challenges threaten the future viability of the Internet through two morphed dynamics destructive to trust. First, the arrival of the Internet-enabled “long con” has combined traditional con artistry with enhanced technological capability for data collection. Second, the risk of a new “PSYOP industrial …


Composition Over Division: The Statutes Of The National Forest System, Jamison Colburn Sep 2021

Composition Over Division: The Statutes Of The National Forest System, Jamison Colburn

Journal Articles

Most crises like those facing the National Forest System (NFS) have complex origins. But few of them result from as vast or as tangled a range of causes as do those facing the NFS. Appropriations to fight the wildfires now consuming our forests and choking the West have steadily grown, far outpacing inflation for a generation now. Timber and other commodity production has remained at historic lows for as long. And biodiversity conservation measures cannot gain the acquiescence of different constituencies long enough to withstand the inevitable lawsuits or turnover in administrative personnel. If Congress originally expected that judicial oversight …


Prosecuting With Compassion, Defending With Power: Progressive Prosecutors And The Case For Rehabilitative Justice, Cody Mcgraw May 2021

Prosecuting With Compassion, Defending With Power: Progressive Prosecutors And The Case For Rehabilitative Justice, Cody Mcgraw

Penn State Journal of Law & International Affairs

No abstract provided.


Suspended Sentencing In Spain: Why Their Model Could Alleviate Some Of America's Worst Federal Prison Issues, Ryan Lamon May 2021

Suspended Sentencing In Spain: Why Their Model Could Alleviate Some Of America's Worst Federal Prison Issues, Ryan Lamon

Penn State Journal of Law & International Affairs

No abstract provided.


Plastic Prohibition: The Case For A National Single-Use Plastic Ban In The United States, Margaret Kolcon May 2021

Plastic Prohibition: The Case For A National Single-Use Plastic Ban In The United States, Margaret Kolcon

Penn State Journal of Law & International Affairs

No abstract provided.


A Functional Framework To Balance Accountability With The Needs Of International Organizations:International Organization Immunity Post-Jam, Trillium Chang May 2021

A Functional Framework To Balance Accountability With The Needs Of International Organizations:International Organization Immunity Post-Jam, Trillium Chang

Penn State Journal of Law & International Affairs

Prior to 2019, international organizations were untouchable. These larger-than-life entities touch almost every corner of the international arena. Yet historically, international organizations enjoyed absolute immunity from liability in U.S. fora.


Champions Of Justice: The Role Of Civil Society In The International Criminal Court's Preliminary Examination And Investigation Into The Situation In Georgia, B. Aloka Wanigasuriya May 2021

Champions Of Justice: The Role Of Civil Society In The International Criminal Court's Preliminary Examination And Investigation Into The Situation In Georgia, B. Aloka Wanigasuriya

Penn State Journal of Law & International Affairs

In August 2008, an armed conflict erupted between Georgia and Russia in the pro-Russian breakaway region of South Ossetia. An estimated 850 lives were lost, and more than 100,000 civilians fled their homes during the conflict. On August 14, 2008, the Prosecutor of the International Criminal Court (ICC) announced the commencement of a preliminary examination into the situation in Georgia. Progress was slow. However, on January 27, 2016, Pre-Trial Chamber I granted authorization to the Prosecutor to open an investigation into the situation. In Georgia, despite the presence of the necessary domestic legislative framework for prosecuting international crimes, national investigative …


Decreasing Unintentional War: Governance Considerations For Regulating Lethal Autonomous Weapons Systems, Aiden Warren, Alek Hillas May 2021

Decreasing Unintentional War: Governance Considerations For Regulating Lethal Autonomous Weapons Systems, Aiden Warren, Alek Hillas

Penn State Journal of Law & International Affairs

While the introduction of futuristic technologies will establish new options and precedents for state responses to security scenarios, there are important lessons to be drawn from prior crises. Beginning with a case study of newly sworn-in leaders during their first major foreign policy ‘test,’ this article envisions changes to such security scenarios with reference to the development of policies on Lethal Autonomous Weapons Systems (LAWS). Leadership perceptions and the politics of human versus machine error, or sharing accountability of fault by states, is considered in the context of a detailed thought experiment. The second section of the article identifies enhanced …


Reinterpreting The Reinterpretation: Collective Self-Defense As Constitutional Fidelity, C.D.A Evans, Aviel Menter May 2021

Reinterpreting The Reinterpretation: Collective Self-Defense As Constitutional Fidelity, C.D.A Evans, Aviel Menter

Penn State Journal of Law & International Affairs

As currently interpreted, Article 9 of the Japanese Constitution requires Japan’s Self-Defense Forces (JSDF) to operate in a purely defensive capacity. Recently, however, the United States has increasingly asked Japan to participate in joint military operations, in which Japanese forces would defend not only themselves, but also their American allies. This raises an important legal question: does Article 9 permit the JSDF engage in this kind of collective self-defense? Former Prime Minister Abe Shinzo believed so. After a government panel of legal experts found that collective self-defense was consistent with Article 9, the Abe administration adopted the panel’s conclusion. However, …


Foreward May 2021

Foreward

Penn State Journal of Law & International Affairs

No abstract provided.


Table Of Contents May 2021

Table Of Contents

Penn State Journal of Law & International Affairs

No abstract provided.


Dedication May 2021

Dedication

Penn State Journal of Law & International Affairs

No abstract provided.


Jlia Editorial Board & Staff May 2021

Jlia Editorial Board & Staff

Penn State Journal of Law & International Affairs

No abstract provided.


The Global Trade Accountability Act And Its Effects On Congressional Power And International Trade, Dallas Kephart Feb 2021

The Global Trade Accountability Act And Its Effects On Congressional Power And International Trade, Dallas Kephart

Penn State Journal of Law & International Affairs

No abstract provided.


Solving The Fentanyl Problem Beyond The Border: A Call For An International Solution, Agneta Hendershot Feb 2021

Solving The Fentanyl Problem Beyond The Border: A Call For An International Solution, Agneta Hendershot

Penn State Journal of Law & International Affairs

No abstract provided.


The Genie Is Out Of The Bottle: What Do We Wish For The Future Of Ai?, Kelly Carman Feb 2021

The Genie Is Out Of The Bottle: What Do We Wish For The Future Of Ai?, Kelly Carman

Penn State Journal of Law & International Affairs

No abstract provided.


The Globalization Of Hate: Are Domestic Terrorism Laws Sufficient To Quell New Threats From Alt-Right Lone-Wolf Extremists?, Jason J. Sullivan-Halpern Feb 2021

The Globalization Of Hate: Are Domestic Terrorism Laws Sufficient To Quell New Threats From Alt-Right Lone-Wolf Extremists?, Jason J. Sullivan-Halpern

Penn State Journal of Law & International Affairs

No abstract provided.