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Libraries Faculty and Staff Presentations

This U.S. Government Publishing Office (GPO) database provides access to information legal, legislative, and regulatory information produced on multiple subjects by the U.S. Government. Content includes congressional bills, congressional committee hearings and prints (studies), reports on legislation, the text of laws, regulations, and executive orders and multiple U.S. Government information resources covering subjects from accounting to zoology.

Drawing The Line Of Scrimmage: Global Perspective Of Daily Fantasy Sports In The Advertising Space, Michael Sekich

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Budding Solutions: Weeding Out Obstacles To Bankruptcy Protections For Marijuana Ventures, Jessica Lowen

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Environmental, Social, And Governance (Esg) Reporting: Attempting To Bridge The Gap On Reporting Standards And The Need For Uniform Standards, Emilee Kula

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Data Privacy And China's “Super App” Wechat, Wan Li

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Trips Trap Revisited, Roya Ghafele, Adam Chaddock

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Sovereignty As Responsibility With References To The Framework Of R2p, Tor Dahl-Eriksen

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Foreword

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Table Of Contents

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Dedication

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu

Dissertations, Theses, and Capstone Projects

This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …

Migrant Children And Legislation: Integrating Knowledge About Trauma Into Policy, Yolennys E. Albornoz

Dissertations, Theses, and Capstone Projects

This study seeks to integrate some knowledge about trauma into migration policies in the U.S. regarding children. Migration is not a novel concept; it is a dynamic phenomenon that experiences continuous changes and constantly increases in numbers. Globally, the United States has been the primary destination for foreign migrants for a long time, and most of them are Latinos who cross the U.S. and Mexico border. Here, I explore how children face trauma in their home country, which forces them to migrate. Also, while they migrate and after they have migrated, exposing the three stages of trauma for migrant children. …

Anglo-Saxon Res Judicata Culture For Civil Law Systems, Cesare Cavallini

Northwestern Journal of International Law & Business

One traditional aspect distinguishing the common law system from the civil law one lies in the perceived disparities in the inspiration of the law-making process. The Anglo-Saxon system typically grounds its rules in explicit and discernible policies spanning social, anthropological, and economic realms directly relevant to the circumstances. In contrast, the civil law tradition frequently necessitates a fixed conceptual framework, sometimes detached from the practical needs of society. Or, at least, this dynamic persisted until recent changes prompted by the “doing business” model, which has timidly ascended to the forefront of the State agenda, particularly across Europe, notably in Italy. …

Locke(D) In A Vicious Cycle, Leah Litman

Reviews

The Supreme Court’s recent opinion in Securities and Exchange Commission v. Jarkesy invalidated the SEC’s mechanism for adjudicating fraud claims seeking civil penalties on the ground that the adjudications violated the Seventh Amendment. To explain that conclusion, the Court invoked, among other sources…Baron de Montesquieu (who was quoted by Alexander Hamilton after all!) and William Blackstone. Debates about constitutional interpretation are often peppered with references to a few Enlightenment thinkers, such as Montesquieu, Blackstone, and John Locke. Indeed, even nonconstitutional interpretation debates are as well; in the Court’s recent decision overturning Chevron deference, Loper Bright Enterprises v. Raimondo, Justice …

Repurposing The United Nations Trusteeship Council To Govern The Establishment Of Outer Space Settlements, Andrew Wulf

Northwestern Journal of International Law & Business

Current existing international law and treaties on outer space do not address or regulate private actors’ property claims or human settlements in outer space. American companies such as SpaceX and Blue Origin, as well as countries like the United States, Russia, and China, are seeking to create colonies on the Moon and Mars. However, there is no international legal authority to allow or regulate this. In order to legitimize and control this impending outgrowth of human settlements, this paper proposes that the U.N. Trusteeship Council be repurposed to govern non-state actors’ claims of outer space property.

First, this paper explains …

Fourth-Branch Institutions And Political Oppositions, Hernán Gómez Yuri, Fernando Loayza Jordán

Scholarly Articles

Fourth-branch accountability can be characterized as a constitutional trust-type mandate to provide intrastate nonpartisan accountability with a broad repertoire of institutional capacities. Fourth-branch institutions play a significant role in protecting constitutional democracies, and their role in the system of political accountability becomes especially apparent when political oppositions are unwilling or unable to perform a partisan check. These institutions partly emerge from distrust in the political branches’ ability to ensure accountability in a partisan world. Thus, they are designed to be insulated from partisan pressures and anchored to the core principles of legality and impartiality. However, fourth-branch institutions do not exist …

Studying Conspiracy Theory After The (Current) Rise Of Right-Wing Populism, Mark Fenster

UF Law Faculty Publications

The American historian Richard Hofstadter intended his still-influential essay on the “Paranoid Style in American Politics,” which initiated the modern study of conspiracy theories, as a response to the mid-1950s rise of right-wing populism in the US. Reflecting on the lessons we can learn from the insights and weaknesses of Hofstadter’s timely intervention into contemporary politics, as well as the author’s three decades studying conspiracy theories, the chapter asks how current academic work, which takes place within and responds to another rise in rightwing populism, should understand and intervene in the present and prepare for the future.

Second-Tier Marriages, Jeremiah A. Ho

All Faculty Scholarship

This Essay interrogates the reasoning behind the retrenchment toward LGBTQ rights progress that has taken place since marriage equality. With marriage rights for same-sex couples now "on the books," the Supreme Court's treatment of same-sex couples in both Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n and 303 Creative LLC v. Elenis reveals the status quo's hesitancy to recognize same-sex relationships on equal footing. Retrenchment, however, only describes the moment itself; it alludes to but offers no comprehensive or satisfying theory that identifies the motives behind the moves. This Essay theorizes from within the context of the Supreme Court's LGBTQ …

The State Of Our Republic: State Constitutions’ Role In Creating A More Perfect Union, Caroline Bullock

CMC Senior Theses

This thesis situates state constitutionalism in the modern context of federal constitutional paralysis. By tracing patterns of state constitutional development, we find that states were always the fundamental setting of democracy, and there has always been critical action happening at state legislatures, in state courts, and through state constitutional change. State constitutions provide an active means to achieve progress and protect rights not federally enshrined (and thus, endangered by the political process). The use of state constitutions to prescribe ways of life, protect individual and specialized rights, and to limit local governments has always occurred, but with the current federal …

China’S Strategic Calculus: A Comparative Analysis Of China’S Approaches Towards The Philippines And Vietnam In The South China Sea Dispute, Letian Wang

CMC Senior Theses

The South China Sea (SCS) dispute is a longstanding territorial conflict involving several surrounding states. In this paper, I analyze the differences in China’s policies towards the Philippines and Vietnam as China exerts its expansion into the SCS using relevant International Relations theories. The Philippines’ democratic values, alliance with the U.S., small-scale volume of trade with China, and active strategies against China all contradict China’s interests to be the regional hegemonic power. In contrast, Vietnam’s socialist regime, alliance with China, substantial trade with China, and passive strategies do not contradict China’s interests as much and even comply with them. Hence, …

From The Barrel To The Border: Exploring The Roots And Ramifications Of Gun Trafficking From The United States To Mexico, Alexandra Punishill

CMC Senior Theses

Nowhere is the discussion surrounding gun violence more prominent than in the United States, with the impacts of our gun-friendly culture being felt around the world. This thesis analyzes the dynamics of gun trafficking from the United States to Mexico and sheds light on its role in fueling the epidemic of gun violence south of the border. It is argued that the particular system of federalism adopted by the United States has led to a variety of state-level gun regulations that have shaped domestic gun policy and have had an international impact. Despite Mexico’s persistent efforts to combat the gun …

Cultivating Legalism From Paper Proofs: Analysing Everyday Forms Of Claim Making By Van Gujjar Pastoralists In Uttarakhand, Mohammad Meer Hamja, Pranav Menon

Socio-Legal Review

Scholarship from South Asia has often highlighted how subaltern peoples partake in social movements as figures of resistance but rarely analyse their techniques of working the law in their favour to negotiate citizenship with the state. Such modes of articulating claims through affective gestures and vernacular legalese foster plural meanings to otherwise rigid legal categories and dogmatic bureaucratic interpretation. This paper draws upon socio-historical and ethnographic accounts of Van Gujjars to highlight how these pastoralists utilise myriad forms of paper proofs and documentary evidence to engage in claim making across the forests of Uttarakhand. Through an articulation of everyday tactics …

On The Promises And Failures Of Anticolonial Constitutionalism In India: A Review Of Sandipto Dasgupta’S Legalizing The Revolution, Shaunna Rodrigues

Socio-Legal Review

This review of Sandipto Dasgupta’s Legalizing the Revolution: India and the Constitution of the Postcolony (Cambridge University Press 2024) delves into the complex legacy of constitutionalism in postcolonial India. The book assesses constitutionalism in India as an instrument that translated the revolutionary aspirations of an anticolonial mass movement into a legal framework for societal transformation. Dasgupta illuminates constitutionalism’s dynamic mediation of conflicting visions from India’s diverse masses and its political leaders, demonstrating how it intertwined the promise of anticolonialism with enduring tensions of representation, legal interpretation, and bureaucratic planning. He critically analyses its role in the development discourse in India, …

Datafication, Power, And Publics In India's National Digital Health Ecosystem, Ramya Chandrasekhar

Socio-Legal Review

While evident for a long time, the COVID-19 pandemic starkly illustrated the need to strengthen India’s public healthcare system. But since 2017, the solution to India’s public health woes takes the shape of the National Digital Health Ecosystem (‘NDHE’) – a digital system for the generation, use, and “frictionless” circulation of health data across healthcare actors through the use of artefacts such as health IDs, electronic health records, data standards, and federated computing architectures. These artefacts are not neutral technological systems. Rather, together with social practices, they constitute a “data infrastructure.” Seeing the NDHE as a data infrastructure allows us …

Administering A Democratic Industrial Policy, Joel Michaels, Amy Kapczynski

Center for Law and the Economy

In Washington today, we are witnessing what many call the “return of industrial policy.” Some argue that a new political economic paradigm is emerging, departing from the neoliberal order of the last several decades. High-stakes questions about how to administer industrial policy have followed, for good reason: industrial policy necessarily involves a great deal of administrative discretion. Yet we have no adequate literature discussing how that discretion should be deployed. Administrative law scholarship has largely ignored the distinctive tools of industrial policy, such as grantmaking, lending, government contracts and ownership stakes. These tools require flexibility and discretion, and often cannot …

The Battle Over Diversity, Equity, And Inclusion And Critical Race Theory In Florida: A Case Study On The Stop W.O.K.E. Act, Grace Anne Castelin

Honors Undergraduate Theses

Accelerating from 2022 and continuing through 2024, the state of Florida has experienced significant policy changes, particularly within the realm of higher education and affairs of diversity, equity, and inclusion (DEI). Many progressive officials, experts, and activists assert arguments that the state is on the verge of evolving into an authoritarian regime while many illiberal policies are being produced through the Florida legislature and current executive leadership—social and economic sectors are consequently threatened in order to maintain political oppression. The Stop W.O.K.E. Act has served as a catalyst for shifting the state's political stance on DEI, culminating in a chain …

Budgets And The Timing, Intensity, And Composition Of Interest Group Lobbying In The U.S. States, John M. De Figueiredo

Faculty Scholarship

This paper examines state level lobbying data to determine how budgeting affects the timing, intensity and composition of lobbying expenditures. Using a database of all available lobbying expenditures in the U.S. states ranging up to 25  years, the paper shows interest group lobbying increases substantially during the budgeting process, and the budgeting process is unlike other issues lobbyists face. Spikes in lobbying during budgeting are driven primarily by business groups, and these business groups account for most of the changes on the margin in lobbying activity. Moreover, even groups relatively unaffected by budgets lobby more intensely during legislative budgeting, consistent …

Gender In The Making Of The Constitution: Proposals For A Feminist Inquiry Into Indian Constitutional History, Achyut Chetan

National Law School Journal

A feminist inquiry into the framing of the Indian Constitution must retrieve and see the interventions of the women members of the Constituent Assembly for what they historically represent, namely, a feminist authorial voice that was developed over a period of time by the pre-Independence women’s movement in India. For a proper understanding of this voice, we must understand the gendered character of the Constituent Assembly, its architecture, its procedures, the dynamics of the gendered relations among its members, and above all, the performative aspects of the debates. This inquiry must also investigate the language employed by the members and …

The Debt Limit, Conor Clarke

Scholarship@WashULaw

Every couple of years, it seems, the debt limit shows up to wreak havoc in American law and public finance. By capping the face value of government securities that can be “outstanding at one time,” the statutory limit regularly threatens the Treasury’s ability to raise the revenue needed to fund required government spending. Brinksmanship over the limit has shut down the government, cost the country billions of dollars, and mired financial markets in uncertainty. And yet, despite its obvious and longstanding importance, the limit remains poorly understood. Commentators attribute its beginnings to 1917 and 1941, before which it is assumed …

Body. Freedom. Choice: Creating Artwork In Post-Roe America, Erin Sedra

Graduate Theses/Dissertations

I knew from a young age that I never wanted children. Whenever I expressed my disinterest in motherhood, I was often met with bewilderment, disapproval, and hostility. The church I was raised in taught me that my value and worth as a woman directly correlated with the power of my birthing hips. This fundamentalist upbringing has significantly shaped my relationship with my femininity, my body, and my artwork. When I feel powerless, turning to my art gives me a sense of control and self-expression. This body of work began as a reaction to the overturning of Roe v. Wade and …