Public Affairs, Public Policy and Public Administration Commons^™

The Case Of Christmas Island: How International Law Affects The Australian-Malaysian Refugee Deal, Ria Pereira

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

In July 2011, Australia and Malaysia entered into an arrangement in which Australian asylum seekers would be removed to neighboring Malaysia to have their asylum claims processed. Following widespread criticism in the media, Australia’s High Court ruled that such a deal violated Australia’s refuges protection laws. While this ruling should have put an end to the deal, Australia’s Immigration Minister indicated that the agreement might nevertheless be feasible. Policy makers proposed amending Australian domestic immigration laws to allow the deal to go forward unencumbered. A bill to amend Australia’s Migration Act was subsequently introduced. As it currently stands, Australian law …

The Cost Of Fear: An Analysis Of Sex Offender Registration, Community Notification, And Civil Commitment Laws In The United States And The United Kingdom, Kate Hynes

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

Sex offenders are often seen as a notorious group in both the United States and the United Kingdom. The public opinion of the masses has often found its way into the laws which restrict the privacy and freedoms of many sex offenders. This comment will examine the often divergent trends in lawmaking and judicial authority in both countries in regard to sex offender registration, community notification, and civil commitment. Further, the comment will study the lasting effects on the sex offender population and potential civil rights implications.

How Precipitous A Decline? U.S.-Iranian Relations And The Transition From American Primacy, Hillary Mann Leverett

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

This essay is grounded in two basic propositions. The first is that the greatest strategic challenge facing the United States is extricating its foreign policy from a well-worn but deeply counterproductive quest for hegemonic dominance in critical areas of the world, especially the Middle East. The second is that Washington’s handling of its relations with the Islamic Republic of Iran constitutes a crucial test of America’s capacity to put its foreign policy on a more productive and realistic trajectory. Since the Islamic Republic’s founding in 1979, Washington has refused to understand and accept the basic model underlying its political order—the …

The Prohibition On The Use Of Force For Arms Control: The Case Of Iran’S Nuclear Program, Mary Ellen O'Connell, Reyam El Molla

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

International law does not permit the use of military force against Iran to attempt to end its nuclear program. The resort to military force in international relations is covered first and foremost by Article 2(4) of the United Nations Charter. Article 2(4) is a general prohibition on resort to force that includes resort to military force for arms control, including nuclear weapons control. The Charter has two express but limited exceptions to the ban on military force. A state that is the victim of a significant armed attack may use force in necessary and proportional self-defense; the United Nations Security …

Caroline Revisited: An Imagined Exchange Between John Kerry And Mohammad Javad Zarif, James W. Houck

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

In 1837, sailors of Great Britain's Royal Navy sank the American ship the Caroline over Niagra Falls. Great Britain justified the incident the preemptive strike as an act of self-defense. Diplomats of the two nations negotiated a legal framework to guide future preemptive uses of force. In the face of twenty-first century nuclear weapons, however, the Caroline framework seems outdated and impractical. To date, Iran continues to develop their nuclear program, while refusing international inspectors full access to their centrifuges. The United States is committed to keeping a nuclear weapon out of Iran's hands. The United States and Iran …

Iran's Nuclear Program And International Law, Daniel H. Joyner

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

In this article, Professor Daniel Joyner analyzes the legal arguments on both sides of the Iran nuclear issue. The article address what the sides regard as the relevant sources of international nuclear law, and their respective interpretations of these sources law. Professor Joyner argues that Iran’s case illustrates warped and incorrect legal interpretations of the Nuclear Nonproliferation Treaty and other sources of law, and a prejudicial and inconsistent application of the law by the West and by the International Atomic Energy Agency. The article posits that this warped interpretation of NPT obligations has led to a bleak future for the …

Npt: A Pillar Of Global Governance, Richard Butler

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

The NPT is regarded as the cornerstone of nuclear arms control. It is the sole, widely agreed commitment in international law, to a world free of nuclear weapons. This fact and its operational mechanisms, establish NPT as a pillar of global governance. Any breakout from it, such as the development of nuclear weapons by Iran, a non-nuclear weapons state party to NPT, would jeopardize the future of the treaty and deeply harm the structure of contemporary global governance. If it chooses to do so, Iran cannot be prevented from taking such action by threatening it with the use of force, …

The Iranian Nuclear Issue, The End Of The American Century, And The Future Of International Order, Flynt L. Leverett

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

How the U.S.-Iranian competition for influence in the Middle East plays out will have profound consequences not just for the Middle East, but also for the legal frameworks, rules-based regimes, and mechanisms of global governance that shape international order in the 21^st century. This is particularly true with regard to U.S.-Iranian disagreements over the Islamic Republic’s nuclear activities. Strategic competition between America and Iran and its implications for international order play out against a backdrop of the progressive diminution of U.S. leadership in world affairs. Relative decline challenges the United States to share the prerogatives of global governance, especially …

Foreword, Amy C. Gaudion

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

No abstract provided.

Advocacy For Reproductive Justice In Miami-Dade County Schools: Planning A Campaign To Influence Sex Education Policies, Lisi Lau

Capstone Collection

This capstone paper is based on my professional practicum with Mi Lola, a women’s health justice organization based in Miami, Florida. The paper offers a conceptual framework in which Mi Lola approaches women’s health justice and where Mi Lola identifies within the broader women’s reproductive rights movement. It describes the organization’s emphasis on Latinas and women of color when addressing reproductive health concerns of Miami-Dade County through workshops, leadership trainings, advocacy, civic engagement and collective action. Those activities identified a great community concern: the current sex education policies (including the state of Florida’s “abstinence only” policy) appear to be one …

To Empathize With An Enemy, Rashida Aluko-Roberts

SURGE

I do not like to talk about my time in Sierra Leone, but I think I’m ready to start.

Growing up in Sierra Leone was probably the best thing that ever happened to me. I carry with me fond memories of my childhood, growing up on 22 Thompson Street in the one-storey house with red doors and windows and zebra themed paint. Evenings were spent riding bikes with my best friend Fatmata. Weekend afternoons spent playing scrabble and watching our favorite Disney movies with my siblings and neighbors in our living room. Those memories I have kept, happily. [excerpt …

Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

U.N. Doc PFII/2004/WS.2/6

Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

41 pages.

"January, 2009"

www.indianlaw.org

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

"June 28, 2010"

Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

2 pages.

"Kelsey Peterson, American Indian Law Program Fellow, University of Colorado Law School Class of 2015"

Women’S Political Leadership In Boston, Center For Women In Politics And Public Policy, University Of Massachusetts Boston

Publications from the Center for Women in Politics and Public Policy

The center tracks the status of women at all levels of government in the New England states. It also provides dynamic web resources to inform and support public leadership of women of color.

This fact sheet presents information and statistics following the 2013 municipal elections in the City of Boston.

'Dred Scott V. Sandford' Analysis, Sarah E. Roessler

Student Publications

The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.

Introduction: Religion And Place: Landscape, Politics, And Piety, Elizabeth Olson, Peter Hopkins, Lily Kong

Research Collection School of Social Sciences

In 2010, a 14-year-old boy was brutally murdered in a suburb outside of Rio de Janeiro when a group of skinheads observed him at a party and suspected that he might be gay (McLoughlin 2011). This scale of horrific homophobia is not uncommon in Brazil, where rates of violence against gays, lesbians, and transgendered people are reported to be amongst the highest in the world. A study conducted with the support of Grupo Gay da Bahia offers the conservative estimate of 260 gays killed in the country in 2010, indicating that rates doubled in only 5 years. The statistic sits …

Charter Commission For Urban County Government - Warren County, Kentucky (Sc 1128), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Small Collection 1128. Correspondence, agendas, minutes and membership lists of Charter Commission and the draft and final copy of the Charter of the Urban County Government of Bowling Green and Warren County, Kentucky.

Allen County, Kentucky - Tax Records (Mss 483), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Small Collection 483. Tax records for Allen County, Kentucky for 1821, 1824 and 1831, showing taxpayer’s name, categories of taxable property, assessed value, and militia district captain.

Red Drops For A Rainbow, Zakiya A. Brown

SURGE

Splashes of pool water licked my ankles, scenting my coffee-colored toes with chlorine. Bareback guardians, robed in red, hovered high as flocks of fleshy tangible innocence skipped jubilantly across the pool deck and disappeared into a wet square pocket of sapphire. [excerpt of poem]

Women In The Workforce: An In-Depth Analysis Of Gender Roles And Compensation Inequity In The Modern Workplace, Rebecca L. Ziman

Honors Theses and Capstones

This paper explores the increase in participation and education of American women in the workforce with a special focus on women in business and accounting roles. The paper then goes on to discuss the wage gap between genders, how to remedy inequality in the workplace, and highlights several reasons why pursing a solution to gender inequality is beneficial for both the employee and the company.

Little Soldiers, Macy F. Collins

Student Publications

"Little Soldiers" is a poem that examines the Sandy Hook Elementary School shooting on a personal level.

Livelihood Security Among Refugees In Uganda: Opportunities, Obstacles, And Physical Security Implications, Karen J. Norris

Student Publications

This research project was designed to investigate the challenges refugees face in securing a livelihood, to understand the extent to which the United Nations, the government of Uganda, and various aid groups are able to assist refugees in achieving self-reliance, and the capacity that refugees have to empower themselves. It also endeavors to expose any disparities between nationality groups, and the impact of these differences. Furthermore, this project aims to explore the impact of refugee livelihood security on regional physical security and community stability.

The study found that despite international and national policies, and efforts by both non-governmental organizations and …

New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi

Student Publications

In 1971, the New York Times released the first installment in a series later referred to as the Pentagon Papers that would eventually have significant political, social, and historical impacts that are felt even in the 21st Century. Following the first release, President Nixon’s administration sought an injunction against the publication of the remaining contents of the classified study, ultimately becoming an extensive legal process that culminated in the Supreme Court. In a per curiam opinion, the Court ruled that in accordance with Organization for a Better Austin v. Keefe and Near v. Minnesota that the federal government did not …

Filmmaking, Reconciliation & Peacebuilding In Rwanda: Challenges And Opportunities., Kierran Petersen

Independent Study Project (ISP) Collection

The Rwandan filmmaking industry is in its infancy, only emerging after the 1994 genocide. Since then, a small group of pioneer filmmakers have simultaneously built a community structure with the capacity to train young filmmakers, showcased Rwandan talent and attempted to integrate cinema into Rwandan culture. This cinema-related development is also taking place in a post-genocide context, where national unity and reconciliation is on the forefront of national policy and individual consciousness. Film in Rwanda has played a role in moving the country past the genocide that decimated the population and destroyed the existing infrastructure and severed the social ties …

Parameters – Full Issue, Usawc Parameters

The US Army War College Quarterly: Parameters

Dilemmas for US Strategy: David S. Sorenson, Gregory Aftandilian, Richard W. Weitz, Dennis V. Hickey. US Landpower in Regional Focus: Kimberly Field, James Learmont, Jason Charland, W. Andrew Terrill, John R. Deni. Lessons From Limited Wars: Todd R. Greentree, David C. Brooks

Appointment At Bu Dop, Brian Wright O'Connor

New England Journal of Public Policy

Brian O’Connor writes about his father, who was killed in Viet Nam. He methodically documents his father’s battle with Viet Cong forces, recreates the circumstances that led to his death, and describes his unquenchable to-the-death devotion to his squad. Lieutenant Colonel Mortimer Lenane O’Connor, the son concludes, was “a gung-ho infantry officer, a West Pointer with a sense of gallows humor who believed that large-force engagements were the quickest way to conclude the war.” Earlier this year the University of Pennsylvania awarded his father posthumously a doctorate for the thesis he was working on when he put everything aside and …

What's So Funny 'Bout Peace, Love, And Understanding, Jordan G. Cinderich

SURGE

Last Saturday I stood on Stine Lake with a group of friends to pray and spread a message of “Peace for Syria.” This event was sponsored by the Newman Association in response to Pope Francis’s request that “Christians, and our brothers and sisters of other religions and every man and woman of good will, cry out forcefully: Violence and war are never the way to peace!” Students of all religions and backgrounds came to support us, and it was a very rewarding day for me as a Catholic and as a human longing for world peace and understanding. [excerpt …