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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.

Jlia Editorial Board & Staff

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

No abstract provided.

The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil

Dickinson Law Review (2017-Present)

Climate change presents a global commons problem: Emissions reductions on the scale needed to meet global targets do not pass a domestic cost-benefit test in most countries. To give national governments ample incentive to pursue deep decarbonization, mutual interstate coercion will be necessary. Many proposed tools of coercive climate diplomacy would require a onedimensional metric for comparing the stringency of climate change mitigation policy packages across jurisdictions. This article proposes and defends such a metric: the carbon price equivalent. There is substantial variation in the set of climate change mitigation policy instruments implemented by different countries. Nonetheless, the consequences of …

The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum

Dickinson Law Review (2017-Present)

This article enters into the modern debate between “consti- tutional departmentalists”—who contend that the executive and legislative branches share constitutional interpretive authority with the courts—and what are sometimes called “judicial supremacists.” After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp.

This is an intellectual history of two evolving political ideas—popular sovereignty and the separation of powers—which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole. Or, put another way, …

Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions, Cole Gordner

Dickinson Law Review (2017-Present)

Procedural election laws regulate the conduct of state elections and provide for greater transparency and fairness in statewide ballots. These laws ensure that the public votes separately on incongruous bills and protects the electorate from uncertainties contained in omnibus packages. As demonstrated by a slew of recent court cases, however, interest groups that are opposed to the objective of a ballot question are utilizing these election laws with greater frequency either to prevent a state electorate from voting on an initiative or to overturn a ballot question that was already decided in the initiative’s favor. This practice is subverting the …

Ethnic Inferencing: The Unanswered Question Of S And Marper V. United Kingdom, Jamie Jones

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

No abstract provided.

From Isolation To Independence: A Comparison Study Of Juvenile Solitary Confinement Practices In The United States And Germany, Claire Banks

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

The “tough on crime” mentality originating in the 1980’s resulted in a crackdown of juvenile offenders for categorically non-dangerous crimes, leaving many to fend for themselves in high security prisons. An even more harrowing reality, tens of thousands of juvenile offenders in those state and federal prisons today are placed in solitary confinement for week or months on end. Extensive research indicates that solitary confinement has devastating effects on human development, mental soundness, and emotional coping – effects that, unsurprisingly, are much more devastating for juveniles than adults – signaling a desperate need for change. Looking to Germany as a …

Is This Belt One Size Fits All? China's Belt And Road Initiative, John C. Byrnes

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

Widely considered one of the largest and most ambitious infrastructure projects in human history, China’s Belt and Road Initiative [BRI] has made major headway since its inception in 2013. Although the BRI is formally adopted under the Chinese Communist Party Constitution as an initiative to secure “shared growth through discussion and collaboration,” the BRI is much more than these words convey. This Comment briefly introduces an overview of the BRI, including its components and early research on its effects on participating countries and regions. The Comment then conducts an in-depth analysis of four countries who have participated in the BRI …

The Role Of International Human Rights Law In The Adjudication Of Economic, Social, And Cultural Rights In Africa, John Mukum Mbaku

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

Since the adoption of the Universal Declaration of Human Rights in 1948, there has been significant progress in the recognition and protection of human rights around the world. The international community has, since 1948, adopted several treaties, which impose obligations on States Parties to make certain that the human and fundamental rights of their citizens are recognized and fully protected. Although human rights are considered the domain of international law, international legal scholars have argued that national governments—that is, the governments of States Parties—must function as the mechanisms for enforcing international human rights law. However, in order for national governments …

Hassle-Free Travel: Myrie V. Barbados And Freedom Of Movement In Caricom, Jane E. Cross

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

No abstract provided.

A Tale Of Two Cities: Lhasa And Hong Kong In The Shadow Of Mao, Steven D. Mewha

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

No abstract provided.

The Rise Of American Conservatism In Israel, Rafi Reznik

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

The American fascination with the link between interpretive methodology and political ideology rarely reaches beyond its borders. This Article offers a comparative case study, which converses with the American example—Israel. A twofold argument is offered to facilitate this conversation. First, the Article identifies a shift in the ideological climate of the Supreme Court of Israel, manifested in the rise of a new interpretive method. For the first time, the interpretive theory prevailing in Israel, Purposive Interpretation, faces a viable competitor. The Article unpacks the challenges posed by the new theory, termed Purposive Originalism, in methodology as well as underlying understanding …

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.

Jlia Editorial Board & Staff

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

No abstract provided.

Life In A Sharing Economy: What Airbnb, Turo, And Other Accommodation-Sharing Services Mean For Cities, Zoe Mckenzie

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

No abstract provided.

Sharing The Burden Of Citizenship: It's Time For America's Daughters To Register For The Draft, Kylie Hanlon

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

No abstract provided.

Going Postal: President Trump And The United States' Tumultuous Current Relationship With The Universal Postal Union, And Its Effect On The International Shipment Of Opioids, Logan Nagle

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

No abstract provided.

Chinese Receptions Of Carl Schmitt Since 1929, Ryan Martinez Mitchell

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

No abstract provided.

Territorial Status Triggering A Functional Approach To Statehood, William Thomas Worster

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

No abstract provided.

China's Approach On Data Privacy Law: A Third Way Between The U.S. And The E.U.?, Emmanuel Pernot-Leplay

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

No abstract provided.

The Price Of Prosecution: The Reality For Syrian Transitional Justice, Faten Ghosn, Joanna Jandali

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.

Jlia Editorial Board & Staff

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.