Law Commons^™

Combatting Global Sex Trafficking: The United Nations As A Powerless Entity Or An Untapped Resource?, Kimberly M. Lennox

Penn State Journal of Law & International Affairs

No abstract provided.

Currency Manipulation: The Tale Of Missed Jurisdiction And No Regulation, Thomas J. Crociata

Penn State Journal of Law & International Affairs

No abstract provided.

Artificial Intelligence/ Machine Learning-Based Medical Devices: Regulatory And Patentability Challenges, May Lee

Penn State Journal of Law & International Affairs

No abstract provided.

Keep The Local Control, Federalize Teacher Prep: Finland's Model Makes The Case For A Nationalized Teacher Certification Program, Audry E. Thompson

Penn State Journal of Law & International Affairs

No abstract provided.

China's Foreign Investment Law: Moving Toward Greater Liberalization?, Xianjun Feng, Chuanhui Wang

Penn State Journal of Law & International Affairs

No abstract provided.

The International Law And Politics Of The Trump Administration's Iran Policy, Nedim Hogic

Penn State Journal of Law & International Affairs

Abstract: Donald Trump’s promise to lead an “America first” foreign policy captured the attention of both American and international legal scholars. This paper aims to join that debate by examining the international legal challenges of Trump administration’s policy towards Iran. It does so by examining two main approaches of the administration: the exercise of unilateral sanctions towards Iran and the negotiation strategy deployed by Donald Trump personally. In examining the former, the paper relies on doctrinal legal research. In examining the latter behavioral approach to international law and economics, I use a relatively novel approach borrowing insights from political psychology …

The Post-Pandemic Order: A Blueprint For Balancing Health And Ip Interests In The Age Of Covid Variants, Arjun Padmanabhan, Tanner J. Wadsworth

Penn State Journal of Law & International Affairs

In December 2021, the World Health Assembly (“WHA”) convened to develop a pandemic response treaty for future pandemics. Unfortunately, as presently envisioned, the resulting pandemic response framework will suffer from many of the same inadequacies that prevented existing frameworks from responding effectively to COVID-19. The threat of new pandemics emerging in the future—and new variants developing in the present—call for a more integrated, robust, comprehensive solution.

This Article lays a blueprint for that solution: a global multilateral Council empowered to (1) investigate developing pandemics; (2) incentivize pharmaceutical companies to rapidly-produce vaccines and share them through voluntary licenses or TRIPS compulsory …

Is Popia Bad Business For South Africa? Comparing The Gdpr To Popia And Analyzing Popia’S Impact On Businesses In South Africa, Brea Jones

Penn State Journal of Law & International Affairs

No abstract provided.

The Road To Independence: Historical Background, Legality, And Legitimacy Of The Proposed Secession Of The Bosnian Serbs From Bosnia And Herzegovina, Paul Pepi

Penn State Journal of Law & International Affairs

No abstract provided.

Programming A Fair Use: The Limitations Of Judicial Precedent, Patrick Misale

Penn State Journal of Law & International Affairs

No abstract provided.

Neutrality, Accommodation, Or Compromise: Comparing The Effectiveness Of Three Approaches Towards Protecting Religious Freedom, Beth Anne Patterson

Penn State Journal of Law & International Affairs

No abstract provided.

How Uber’S Regulatory Success In The United States Slowed Its International Expansion, Grace A. Canfield

Penn State Journal of Law & International Affairs

No abstract provided.

Aboriginal Transboundary Passage Rights On Connected United States Watercourses: From Canada To Mexico, Indigenous North American Reconciliation, Christopher Mark Macneill

Penn State Journal of Law & International Affairs

No abstract provided.

Not So Respectful Consideration: The U.S. Supreme Court’S Deference Or Lack Thereof To Foreign Government Statements Of Law, Cindy G. Buys

Penn State Journal of Law & International Affairs

The amount of deference due foreign governments’ statements regarding the meaning of foreign law has long plagued U.S. courts. Courts have applied a variety of approaches in answering this question, including reliance on doctrines of international comity, respectful consideration, and Rule 44.1 of the Federal Rules of Civil Procedure. The U.S. Supreme Court recently attempted to provide additional guidance to lower courts and litigants in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., Ltd., where it created a new, five-factor test. However, application of this new test is likely to generate continued uncertainty and inconsistency in this area of …

China’S Defense Of Its Human Rights Policies, Daniel C.K Chow

Penn State Journal of Law & International Affairs

No abstract provided.

Table Of Contents

Penn State Journal of Law & International Affairs

No abstract provided.

Dedication

Penn State Journal of Law & International Affairs

No abstract provided.

Foreward

Penn State Journal of Law & International Affairs

No abstract provided.

Regional Cooperative Federalism And The Us Electric Grid, Hannah Jacobs Wiseman

Journal Articles

The U.S. Constitution makes no direct mention of regional governing entities, yet they are an entrenched part of our federalist system. In the area of electric grid governance, the federal government enlists independent, private entities called regional transmission organizations (RTOs) to implement federal policy and achieve state energy goals. RTOs are the most prominent form of regional cooperative federalism, yet other policy spheres, such as opioid control, encompass a similar approach. This is a twist on the classic form of cooperative federalism, in which the federal government relies upon individual states to achieve federal mandates.

The regionally governed electric grid …

Discretion And Disobedience In The Chinese Exclusion Era, Shoba Sivaprasad Wadhia

Journal Articles

This Article examines the use of prosecutorial discretion from its first recorded use in the nineteenth century to protect Chinese subject to deportation, following to its implication in modern day immigration policy. A foundational Supreme Court case, known as Fong Yue Ting, provides a historical precedent for the protection of a category of people as well as a deeper history of prosecutorial discretion in immigration law. This Article also sharpens the policy argument to protect political activists through prosecutorial discretion and forces consideration for how modern immigration policy should respond to historical exclusions and racialized laws. This Article centers its …

Appalachian Basin--Pennsylvania, West Virginia, And Ohio -- Oil And Gas Developments, Ross H. Pifer, Chloe J. Marie

Journal Articles

This article addresses oil and gas case law developments that have occurred within the Appalachian Basin’s primary oil and gas producing states of Pennsylvania, West Virginia, and Ohio during 2021 by reviewing opinions issued by the highest appellate courts within each of these three states. The oil and gas law topics addressed by these state supreme courts during 2021 have ranged from those occurring upstream, such as leasing, to those occurring downstream, such as approval of a utility rate increase for the extension of a natural gas pipeline.

Fertility, Immigration, And Public Support For Parenting, Eleanor Brown, Naomi Cahn, June Carbone

Journal Articles

No abstract provided.

The Origins Of Supreme Court Question Selection, Benjamin B. Johnson

Journal Articles

Arbitrary control over its own docket is the hallmark of the modern Supreme Court. While the Court’s power to choose its cases is a frequent subject of study, its practice of preselecting questions for review has received almost no attention. This is particularly surprising since the Court openly adds or subtracts questions in some of its most consequential and politicizing cases. Yet, despite the significance of this practice, its origins are poorly understood. This is the first Essay to uncover the hidden history of the Court’s question-selection powers. It reveals an important---and possibly intractable---conflict between the Court’s legal authority and …

Decoding Nondelegation After Gundy: What The Experience In State Courts Tells Us About What To Expect When We're Expecting, Daniel Walters

Journal Articles

The nondelegation doctrine theoretically limits Congress’s ability to delegate legislative powers to the executive agencies that make up the modern administrative state. Yet, in practice, the U.S. Supreme Court has, since the New Deal, shied away from enforcing any limits on congressional delegation. That may change in the near future. In Gundy v. United States, the Court narrowly upheld a delegation, and a dissent signaled deep doubts about the Court’s longstanding “intelligible principle” standard and offered a new framework to replace it. Subsequent events strongly suggest that the Court is poised to move in the direction contemplated by the …

Resuciating Consent, Megan S. Wright

Journal Articles

The scholarly focus on autonomy in healthcare decision making largely has been on information about, rather than consent to, medical treatment. There is an assumption that if a patient has complete information and understanding about a proposed medical intervention, then they will choose the treatment their physician thinks is best. True respect for patient autonomy means that treatment refusal, whether informed or not, should always be an option. But there is evidence that healthcare providers sometimes ignore treatment refusals and resort to force to treat patients over their contemporaneous objection, which may be facilitated by the incapacity exception to informed …

Inside The Black Box Of Prosecutor Discretion, Megan S. Wright, Shima Baradaran Baughman, Christopher Robertson

Journal Articles

In their charging and bargaining decisions, prosecutors have unparalleled and nearly-unchecked discretion that leads to incarceration or freedom for millions of Americans each year. More than courts, legislators, or any other justice system player, in the aggregate prosecutors’ choices are the key drivers of outcomes, whether the rates of mass incarceration or the degree of racial disparities in justice. To date, there is precious little empirical research on how prosecutors exercise their breathtaking discretion. We do not know whether they consistently charge like cases alike or whether crime is in the eye of the beholder. We do not know what …

Facing The Sunset: An Egalitarian Approach Against Taxing Couples As A Unit, James M. Puckett

Journal Articles

With the sunset of marriage penalty relief in 2025, Congress has a bittersweet opportunity to align the taxable unit with the guiding norm of taxation according to "ability to pay." The federal income tax brackets have been designed around a misguided and poorly targeted assumption that comparing married couples is appropriate, whether because of pooling income, economies of scale, or untaxed housework and caregiving. This Article argues that the individual, rather than (married) couples, should emerge as the unit for income taxation under an egalitarian approach to distributive justice.

Welfarist insights and egalitarian arguments sometimes align on solutions to tax …

The Price Of Exit, Eleanor M. Brown, Naomi Cahn, June Carbone

Journal Articles

The price of exit influences the terms of intimate relationships—and constitutes an important factor in distinguishing committed from contingent relationships. With or without legal recognition of the relationship itself, the dissolution of an intimate relationship requires disentangling any joint assets, determining who stays and who leaves a joint residence, and arranging the terms of continuing involvement with any children. Marriage establishes bright-line rules for these determinations and a formal legal process for administering them. Unmarried relationships involve different default terms and no automatic legal process for resolving the terms of exit. The terms of exit, however, may frame relationship choices. …

Sexual Violence, Intangible Harm, And The Promise Of Transformative Remedies, Jill C. Engle

Journal Articles

This Article describes alternative remedies that survivors of sexual violence can access inside and outside the legal system. It describes the leading restorative justice approaches and recommends one of the newest and most innovative of those—“transformative justice”—to heal the intangible harms of sexual violence. The Article also discusses the intersectional effects of sexual violence on women of color and their communities. It explains the importance of transformative justice’s intersectional approach to redress sexual violence. Transformative justice offers community-based, victim-centric methods that cultivate deep, lasting healing for sexual violence survivors and their communities, with genuine accountability for those who have caused …

Decitizenizing Asian Pacific American Women, Shoba Sivaprasad Wadhia, Margaret Hu

Journal Articles

The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger forms of discrimination, including the harms of decitizenship. These harms include limited access to full citizenship rights due to legal barriers, restricted cultural and political power, and a lack of belonging. The Article concludes that these harms result from the structure of past and present immigration laws …