Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Politics (29)
- Social and Behavioral Sciences (29)
- International Law (26)
- Political Science (24)
- Arts and Humanities (23)
-
- Public Affairs, Public Policy and Public Administration (23)
- International Trade Law (22)
- Diplomatic History (21)
- History (21)
- International and Area Studies (21)
- Social History (21)
- Transnational Law (21)
- History of Science, Technology, and Medicine (20)
- Human Rights Law (14)
- Constitutional Law (13)
- Criminal Law (12)
- Law and Society (11)
- Military, War, and Peace (11)
- National Security Law (11)
- Civil Rights and Discrimination (6)
- Civil Law (5)
- Criminology (5)
- International Humanitarian Law (5)
- Law and Gender (5)
- Sociology (5)
- Courts (4)
- Criminal Procedure (4)
- Inequality and Stratification (4)
- Institution
-
- Penn State Dickinson Law (21)
- University of Maine School of Law (5)
- University of Rhode Island (5)
- University of Michigan Law School (3)
- Duke Law (2)
-
- Florida A&M University College of Law (2)
- Notre Dame Law School (2)
- Pace University (2)
- Roger Williams University (2)
- The Peter A. Allard School of Law (2)
- University of New Hampshire (2)
- Vanderbilt University Law School (2)
- American University Washington College of Law (1)
- Columbia Law School (1)
- Georgetown University Law Center (1)
- Liberty University (1)
- Pepperdine University (1)
- Texas Southern University (1)
- U.S. Naval War College (1)
- University of Georgia School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Oklahoma College of Law (1)
- University of Richmond (1)
- University of South Florida (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- Rule of law (6)
- Human rights (5)
- National security (4)
- Security (4)
- Drones (3)
-
- Due process (3)
- Judges (3)
- Sexual exploitation (3)
- Terrorism (3)
- Warfare (3)
- Criminal law (2)
- Cyber (2)
- Cyberspace (2)
- Cyberwar (2)
- Cyberwarfare (2)
- Equality (2)
- First Amendment (2)
- India (2)
- Internet (2)
- Law (2)
- Liability (2)
- Money laundering (2)
- Nation-building (2)
- Pornography (2)
- Prostitution (2)
- Racism (2)
- Rule (2)
- Rule of Law (2)
- Sex trafficking (2)
- Sexual assault (2)
- Publication
-
- Penn State Journal of Law & International Affairs (2012 - Present) (20)
- Dignity: A Journal of Analysis of Exploitation and Violence (5)
- Maine Law Review (4)
- Faculty Scholarship (3)
- All Faculty Publications (2)
-
- Articles (2)
- Florida A & M University Law Review (2)
- Law Faculty Scholarship (2)
- Life of the Law School (1993- ) (2)
- Notre Dame Journal of Law, Ethics & Public Policy (2)
- Book Chapters (1)
- Boyd Briefs / Road Scholars (1)
- Cardozo Journal of International and Comparative Law (1)
- Dickinson Law Review (2017-Present) (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles (1)
- Faculty Publications (1)
- Faculty Works (1)
- Genocide Studies and Prevention: An International Journal (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Georgia Law Review (1)
- International Law Studies (1)
- Pace Law Review (1)
- Pepperdine Dispute Resolution Law Journal (1)
- Ralph Bunche Journal of Public Affairs (1)
- Scholarly Articles in Law Reviews & Journals (1)
- Senior Honors Theses (1)
- University of Richmond Law Review (1)
- Vanderbilt Journal of Transnational Law (1)
- Vanderbilt Law Review (1)
- Publication Type
Articles 1 - 30 of 64
Full-Text Articles in Rule of Law
Resurrecting The Rule Of Law In Liberia, Jim Dube
Resurrecting The Rule Of Law In Liberia, Jim Dube
Maine Law Review
The rule of law is more than a legal concept. It encompasses more than an established set of rules and legal institutions. In the case of Liberia, there can be no rule of law without the commitment of those relatively few people who administer those rules on behalf of a post-conflict state that has endured twenty-five years of civil war and exploitation. This Essay seeks to prove that existing legal architecture and institutions in a post-conflict state matter less to the rule of law than does the character of the people who run the legal system. The Essay does not …
Kenya And The Rule Of Law: The Perspective Of Two Volunteers, Kim Matthews, William H. Coogan
Kenya And The Rule Of Law: The Perspective Of Two Volunteers, Kim Matthews, William H. Coogan
Maine Law Review
Reaction to Kenya’s 2007 national elections was explosive. Riots claimed at least 1000 lives, and upwards of 300,000 people were displaced from their homes. The public lacked faith in both the ballot counting and in the impartiality of dispute resolution by the judiciary. On both counts, public cynicism was justified. No democracy can flourish without the rule of law. In the absence of faith in the rule of law to replace police state oppression, government stability is evanescent. Rule of law is a habit; it grows only through steady erosion of past practices and constant reminders to officials that the …
Measuring The Rule Of Law In India: A Volunteer Lawyer's Experience, Linda D. Mcgill
Measuring The Rule Of Law In India: A Volunteer Lawyer's Experience, Linda D. Mcgill
Maine Law Review
When I set off for New Delhi, India in January 2003 to serve as a volunteer with the International Senior Lawyers Project (ISLP), nation-building was not in my mission statement. After all, India is the world’s largest democratic country, sustaining that status for sixty years from its violent birth by partition through the curtailment of individual freedoms in the 1975 “emergency” to its recent emergence as a “giant” of economic development and intellectual capital. India’s hold on democracy is all the more impressive given the religious and cultural differences among its vast population and the legacy of still-simmering resentments from …
Comparative Perspectives On Specialized Trials For Terrorism, Sudha Setty
Comparative Perspectives On Specialized Trials For Terrorism, Sudha Setty
Maine Law Review
President Obama has made clear that the United States must grapple with questions of how to detain and try potentially dangerous terrorism suspects in a manner that maximizes national security while adhering to the rule of law. Yet the United States faces a serious quandary in terms of how to prosecute suspects who have been detained at Guantanamo Bay, Cuba, that puts at risk the reputation of the United States justice system and its adherence to rule of law. The question of what trial system to use for suspected terrorists requires an historical interrogation of how and to what effect …
Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes
Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …
Justice Blackmun And Individual Rights, Diane P. Wood
Justice Blackmun And Individual Rights, Diane P. Wood
Dickinson Law Review (2017-Present)
Of the many contributions Justice Blackmun has made to American jurisprudence, surely his record in the area of individual rights stands out for its importance. Throughout his career on the Supreme Court, he has displayed concern for a wide variety of individual and civil rights. He has rendered decisions on matters ranging from the most personal interests in autonomy and freedom from interference from government in life’s private realms, to the increasingly complex problems posed by discrimination based upon race, sex, national origin, alienage, illegitimacy, sexual orientation, and other characteristics. As his views have become well known to the public, …
A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley
A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley
Pepperdine Dispute Resolution Law Journal
No abstract provided.
What Is Meant By Freedom?, Paul D. Callister
What Is Meant By Freedom?, Paul D. Callister
Pace Law Review
In 1955, in a neglected article in the Harvard Law Review entitled Freedom—A Suggested Analysis, Lon L. Fuller provided a framework for the basic definition of freedom. More importantly, he tendered a question about the conditions of a free society: “How can the freedom of human beings be affected or advanced by social arrangements, that is, by laws, customs, institutions, or other forms of social order that can be changed or preserved by purposive human actions?” This is the critical question this Article addresses through constructing a comprehensive definition by first, considering etymology and then establishing the various modalities …
Newsroom: The Violence In Charlottesville 08-14-2017, Michael J. Yelnosky
Newsroom: The Violence In Charlottesville 08-14-2017, Michael J. Yelnosky
Life of the Law School (1993- )
No abstract provided.
Can Courts Save Us From Unconstitutional Government Conduct?, John M. Greabe
Can Courts Save Us From Unconstitutional Government Conduct?, John M. Greabe
Law Faculty Scholarship
[Excerpt] "We are living in a troubled time. Across the political spectrum, there is a great deal of concern that government officials have been derelict in honoring their oaths to support and defend the Constitution."
The Origins And Boundaries Of Executive Privilege, John M. Greabe
The Origins And Boundaries Of Executive Privilege, John M. Greabe
Law Faculty Scholarship
[Excerpt] "When the president or persons working with the president are under investigation . . . the doctrine of executive privilege -which entitles the president to keep confidential certain communications to and from his advisers -inevitably becomes relevant."
In Re Akhbar Beirut & Al Amin, Monica Hakimi
In Re Akhbar Beirut & Al Amin, Monica Hakimi
Articles
On August 29, 2016, the Special Tribunal for Lebanon (Tribunal) sentenced a corporate media enterprise and one of its employees for contemptuously interfering with the Tribunal's proceedings in Ayyash, a prosecution concerning the February 2005 terrorist attack that killed former Lebanese Prime Minister Rafiq Hariri. The contempt decision is significant for two reasons: (1) it adopts an expansive definition of the crime of contempt to restrict a journalist's freedom of expression; and (2) it is the first international judicial decision to hold a corporate entity criminally responsible.
Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman
Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant
Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Human Dignity In Judicial Decisions: Principles Of Application And The Rule Of Law, Doron Shultziner
Human Dignity In Judicial Decisions: Principles Of Application And The Rule Of Law, Doron Shultziner
Cardozo Journal of International and Comparative Law
Human dignity has become a central legal concept worldwide and has been increasingly employed in judicial decisions in many jurisdictions, including in countries that do not incorporate it into their constitutions. However, due to the acknowledged vagueness of the concept, scholars and judges alike have identified many difficulties in its application and specific challenges that it poses to the rule of law. This Article addresses those challenges and proposes four formal principles for the use of human dignity in judicial decisions: using the concept strictly in relation to written law; defining the concept and its actual meaning in rulings; maintaining …
It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins
It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
International Tax Planning As A Business Driver, Robert A. Agresta
International Tax Planning As A Business Driver, Robert A. Agresta
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Fcpa Compliance Should Not 'Cost An Arm And A Leg': Assessing The Potential For Enhanced Cost-Efficiency And Effectiveness For An Anti-Corruption Compliance Program With The Implementation Of An Enterprise Legal Risk Management Framework, Garrick Apollon
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
We Don't Need No Education - Is The U.S. At Risk Of Losing Its Clear Edge In Higher Education?, Ann M. Murphy
We Don't Need No Education - Is The U.S. At Risk Of Losing Its Clear Edge In Higher Education?, Ann M. Murphy
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
China's Nine Dash Line Claim In Light Of The Ruling By The Permanent Court Of Arbitration (12 July 2016), Ekrem Korkut, Woo Hyun Kang
China's Nine Dash Line Claim In Light Of The Ruling By The Permanent Court Of Arbitration (12 July 2016), Ekrem Korkut, Woo Hyun Kang
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Behavioral Economics In International Investment Law: Bounded Rationality And The Choice Of Reservation List Modality, Tae Jung Park
Behavioral Economics In International Investment Law: Bounded Rationality And The Choice Of Reservation List Modality, Tae Jung Park
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Water As A Human Right: A Case Study Of The Pakistan-India Water Conflict, Waseem Ahmad Qureshi
Water As A Human Right: A Case Study Of The Pakistan-India Water Conflict, Waseem Ahmad Qureshi
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Red Riding Hood - Is Investor-State Arbitration The Big Bad Wolf?, Petra Butler
Red Riding Hood - Is Investor-State Arbitration The Big Bad Wolf?, Petra Butler
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Explaining The Financial Stability Board: Path Dependency And Zealous Regulatory Apprehension, Camilo Soto Crespo
Explaining The Financial Stability Board: Path Dependency And Zealous Regulatory Apprehension, Camilo Soto Crespo
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Bitcoin And The Blockchain As Possible Corporate Governance Tools: Strengths And Weaknesses, Fiammetta S. Piazza
Bitcoin And The Blockchain As Possible Corporate Governance Tools: Strengths And Weaknesses, Fiammetta S. Piazza
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Masthead
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Contemporary Writings In A Global Society: Collected Works
Contemporary Writings In A Global Society: Collected Works
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Navigational Freedom: The Most Critical Common Heritage, John Norton Moore
Navigational Freedom: The Most Critical Common Heritage, John Norton Moore
International Law Studies
This keynote address was delivered at the Freedom of Navigation and the Law of the Sea workshop hosted by the Stockton Center for the Study of International Law at the U.S. Naval War College on May 17, 2017.
Civil Rules Interpretive Theory, Lumen N. Mulligan, Glen Staszewski
Civil Rules Interpretive Theory, Lumen N. Mulligan, Glen Staszewski
Faculty Works
We claim that the proper method of interpreting the Federal Rules of Civil Procedure — civil rules interpretive theory — should be recognized as a distinct field of scholarly inquiry and judicial practice. Fundamentally, the Rules are not statutes. Yet the theories of statutory interpretation that are typically imported into Rules cases by the courts rely upon a principle of legislative supremacy that is inapplicable in this context. That said, we recognize the Rules as authoritative law that is generally amenable to a form of jurisprudential purposivism. Working from this newly elucidated normative foundation, we reject the Rules-as-statutes interpretive approach …
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr
Senior Honors Theses
Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem with …