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Full-Text Articles in Public Affairs, Public Policy and Public Administration

Symposium - The U.S.-Iranian Relationship And The Future Of International Order Nov 2013

Symposium - The U.S.-Iranian Relationship And The Future Of International Order

Penn State Journal of Law & International Affairs

No abstract provided.


2012-13 Jlia Masthead Nov 2013

2012-13 Jlia Masthead

Penn State Journal of Law & International Affairs

No abstract provided.


Protecting Shareholders From Themselves: How The United Kingdom’S 2011 Takeover Code Amendments Hit Their Mark, Matthew Peetz Nov 2013

Protecting Shareholders From Themselves: How The United Kingdom’S 2011 Takeover Code Amendments Hit Their Mark, Matthew Peetz

Penn State Journal of Law & International Affairs

Kraft’s takeover of Cadbury in 2011 caused considerable uproar in the United Kingdom. The political outcry caused significant amendments to the United Kingdom’s regulatory framework over mergers and acquisitions, the so-called, Takeover Code. These changes to the Takeover Code were made to help relieve pressure on target companies during takeover situations, and to correct the imbalance of power in favor of bidding companies that the political community had perceived during the Kraft-Cadbury takeover. After the changes were made, but before they were implemented, the business community expressed concern that these added regulations would be detrimental to the M&A market as …


The Case Of Christmas Island: How International Law Affects The Australian-Malaysian Refugee Deal, Ria Pereira Nov 2013

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

Penn State Journal of Law & International Affairs

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 Nov 2013

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

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 Nov 2013

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

Penn State Journal of Law & International Affairs

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 Nov 2013

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

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 Nov 2013

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

Penn State Journal of Law & International Affairs

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 Nov 2013

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

Penn State Journal of Law & International Affairs

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 Nov 2013

Npt: A Pillar Of Global Governance, Richard Butler

Penn State Journal of Law & International Affairs

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 Nov 2013

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

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 21st 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 Nov 2013

Foreword, Amy C. Gaudion

Penn State Journal of Law & International Affairs

No abstract provided.


Leaving A Legacy, Walter Lotze Nov 2013

Leaving A Legacy, Walter Lotze

Human Rights & Human Welfare

The ongoing conflict in Somalia, and the complexities that come with finding lasting solutions to a conflict that has raged for decades now, continue to perplex the international community. While a range of previously tried and tested approaches to conflict management are being applied, it is becoming apparent that the international toolkit for responding to conflict situations of such complexity is extremely limited. Indeed, as one international conference after another on Somalia takes place, compacts are signed and funding windows established, old frameworks are abandoned and new ones are forged, and roadmap after roadmap pave the way for further engagement, …


Somali Battlegrounds: On Interest And Accountability, Ines Mzali Nov 2013

Somali Battlegrounds: On Interest And Accountability, Ines Mzali

Human Rights & Human Welfare

In the wake of the latest and deadliest of Al-Shabab's attacks in Kenya since Kenyan troops entered Somalia in October 2011, Ben Rawlence reiterates the question raised anew by each attack: "What is Kenya doing in Somalia and is it worth the price?" The question leads him to explore the contradiction between the official objectives of the mission and Kenya's particular motivations to launch an offensive of its own. This problematic discrepancy also draws attention to the question of accountability when violations of international humanitarian law have occurred in the context of a military operation by a neighboring country and …


Welfare Reform In The States: Does The Percentage Of Female Legislators In State Legislatures Affect Welfare Reform Policies?, Lee W. Payne Sep 2013

Welfare Reform In The States: Does The Percentage Of Female Legislators In State Legislatures Affect Welfare Reform Policies?, Lee W. Payne

The Journal of Sociology & Social Welfare

My research tests the proposal that female legislators have issue specific political agendas and that female representation may affect these issues. Welfare is an issue that affects women and children to a larger degree than it does men. To test this hypothesis I use three measures of welfare sanctions and one measure of overall welfare environment as dependent variables. Results indicate that the level of female legislators does not have the expected impact on two of the three sanction policies, but it does have the expected impact on the overall welfare environment.


Fourth Time's The Charm?: Modeling A Psychologically-Based Peace Iv Program In Northern Ireland, Cailin A. Rogers Jun 2013

Fourth Time's The Charm?: Modeling A Psychologically-Based Peace Iv Program In Northern Ireland, Cailin A. Rogers

The Macalester Review

Abstract: Social conflict has consumed Northern Ireland for centuries. The relationship between Catholic Nationalists and Protestant Loyalists has proved difficult to reconcile–current policy approaches have been unable to attain peace. This paper seeks to explore the gaps in policy created by ignoring the important distinction between the social identities Nationalists and Loyalists have created and which they continue to perpetuate. This paper examines Social identity theory in context of Northern Ireland and applies the psychology of disparate community identities to current policies and trends in Northern Ireland to suggest reasons for a lack of progress towards peace. Unfortunately, contemporary Northern …


Kekuatan Politik Media Sosial: Uji Kasus Pada Revolusi Mesir 2011, Mansur Juned, Musa Maliki, M Asrudin May 2013

Kekuatan Politik Media Sosial: Uji Kasus Pada Revolusi Mesir 2011, Mansur Juned, Musa Maliki, M Asrudin

Global: Jurnal Politik Internasional

This article examines that internet social media have influenced the Egypt Revolution from the authoritarian government to the democratic transition. There are two theories: Cyber-Optimist that argues internet social media is significant in changing a rezim and Cyber-Realist that believes internet is a status quo regime's arsenal in controlling their citizen. Based on cyber-optimist argument, this article believes that internet social media is not supporting the authoritarian government of Husni Mubarak in Egypt, but as the citizen's arsenal to change the authoritarian government of Husni Mubarak.


Energy Independence In The Usa, Janice Ringler May 2013

Energy Independence In The Usa, Janice Ringler

Student Papers in Public Policy

During President Barack Obama’s first term and throughout the recent presidential campaign, there was much discussion about becoming energy-independent as a nation. Indeed, one of the most pressing issues facing the country today is our energy future. This is especially a concern in areas where mainstream energy sources (coal, gas, oil) do not exist, and thus must be imported. Many believe that this is a problem that communities and states are better suited to tackle than the federal government due to the flexibility and knowledge of state policy initiatives. In this brief I will propose a variety of measures that …


Specialists, Generalists, And Policy Advocacy By Charitable Nonprofit Organizations, Heather Macindoe, Ryan Whalen May 2013

Specialists, Generalists, And Policy Advocacy By Charitable Nonprofit Organizations, Heather Macindoe, Ryan Whalen

The Journal of Sociology & Social Welfare

Previous research finds modest levels of engagement in policy advocacy by charitable nonprofits, despite legal regulations permitting nonprofit advocacy and the significance of public policy to nonprofit constituencies. This paper examines nonprofit involvement in policy advocacy using survey data from Boston, Massachusetts. Nonprofit participation in policy advocacy is associated with professionalization, resource dependence, features of the institutional environment, and organizational characteristics such as size and mission. Drawing from population ecology theory, we examine an additional aspect of organizational mission: whether a nonprofit serves a specialized or general population. We find that nonprofits serving specialized populations are more likely to participate …


The European Union In The Quartet: Acceptance And Influence In The Middle East Peace Process, Cassandra V. Emmons Apr 2013

The European Union In The Quartet: Acceptance And Influence In The Middle East Peace Process, Cassandra V. Emmons

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.


Future Stability In The European Union: Realism, Constructivism, And Institutionalism, Maya Swisa Apr 2013

Future Stability In The European Union: Realism, Constructivism, And Institutionalism, Maya Swisa

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.


An Ever Closer Union: The European Security And Defense Policy And The Development Of Hard Power Capabilities In The European Union, Daniel Stepanicich Apr 2013

An Ever Closer Union: The European Security And Defense Policy And The Development Of Hard Power Capabilities In The European Union, Daniel Stepanicich

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.


British Policy Formulation For The Eu, Bryce Comstock Apr 2013

British Policy Formulation For The Eu, Bryce Comstock

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.


Jlia 2:1 Apr 2013

Jlia 2:1

Penn State Journal of Law & International Affairs

There is an ever widening gap between conflict resolution policy makers and scholars—a tragedy given practitioners’ dire need for new ideas to help resolve deadly conflicts and the growing knowledge researchers have to share. Research tends to swing like a pendulum between analytic and rigorous methods and accessible and relevant approaches. We reject this tradeoff. We believe that research can be simultaneously rigorous and relevant, and analytic and accessible. Given the devastating loss of life associated with armed conflict, the need for translating research results into policy prescriptions is especially strong in peacemaking. The goal of this issue of the …


“The Living Are Getting Rarer”: The Causes And Consequences Of The International Trade In White Rhinoceros Horns Under The Convention On International Trade In Endangered Species, Alisha Falberg Apr 2013

“The Living Are Getting Rarer”: The Causes And Consequences Of The International Trade In White Rhinoceros Horns Under The Convention On International Trade In Endangered Species, Alisha Falberg

Penn State Journal of Law & International Affairs

In 2012, more than 400 South African white rhinoceros were poached and killed for their horns. The horns, used in ancient Asian medicines, are falsely believed to cure diseases. They are currently worth thousands of dollars on the black market because the white rhinoceros is an endangered species and the trade in its horns is strictly regulated under the United Nations Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).The two countries at the center of this crisis are South Africa, where the majority of the world’s white rhinoceros live and are being poached, and Vietnam, …


Consequences Of The Arab Spring: How Shari’Ah Law And The Egyptian Revolution Will Impact Ip Protection And Enforcement, Stephen S. Zimowski Apr 2013

Consequences Of The Arab Spring: How Shari’Ah Law And The Egyptian Revolution Will Impact Ip Protection And Enforcement, Stephen S. Zimowski

Penn State Journal of Law & International Affairs

Egypt’s recent revolution sent shockwaves through the international community, and almost immediately political pundits began to ponder its effect on Middle Eastern stability. To date, post-revolution Egypt has struggled to regain its political stability and implement the democratic government its citizens demand. The eventual nature of the new Egyptian government will have a substantial impact not only on the region’s stability but also on international trade. As such, this comment will examine the likely impact of a new Egyptian regime on intellectual property rights and protections in Egypt. The comment explores the role of Shari’ah Law in lawmaking and Shari’ah …


We Can Work It Out: Putting Our Best Foot Forward In International Higher Education Initiatives, Julie Rowland Apr 2013

We Can Work It Out: Putting Our Best Foot Forward In International Higher Education Initiatives, Julie Rowland

Penn State Journal of Law & International Affairs

A global economy requires globally competitive workers and global citizens.This need has generated supranational higher education initiatives through organizations such as the European Union and the Asia-Pacific Economic Cooperation. These initiatives promote student mobility across borders by harmonizing higher education systems between member nations. To demonstrate how the U.S. can become more involved in international higher education initiatives, this comment will first give an overview of the history of these initiatives globally. The comment explores the legal and soft governance mechanisms involved in international initiatives and the feasibility of their application to the U.S. A description of the structures of …


2012-13 Jlia Masthead, Jlia Masthead Apr 2013

2012-13 Jlia Masthead, Jlia Masthead

Penn State Journal of Law & International Affairs

No abstract provided.


Mediation – Its Potential And Its Limits: Developing An Effective Discourse On The Research And Practice Of Peacemaking, Dennis C. Jett Apr 2013

Mediation – Its Potential And Its Limits: Developing An Effective Discourse On The Research And Practice Of Peacemaking, Dennis C. Jett

Penn State Journal of Law & International Affairs

This article looks at the various contributions to this issue of the Penn State Journal of Law & International Affairs. The contributors have analyzed the potential and limits of mediation, but have focused on a number of different aspects of that process. The analytic research relevant to conflict situations will be most useful, however, if the recommendations offered for how to bring conflicts to an end can actually be of use to practitioners in the field. The approach of this article is therefore to consider how policymakers might employ these recommendations as they pursue the goal of peace. It …


Ethnic Conflict: An Organizational Perspective, Victor Asal, Jonathan Wilkenfeld Apr 2013

Ethnic Conflict: An Organizational Perspective, Victor Asal, Jonathan Wilkenfeld

Penn State Journal of Law & International Affairs

To talk about the behavior of others is to generalize especially if that behavior is perceived to be negative. As researchers who have studied ethnic discrimination and ethnic conflict for close to two decades, we have noticed, anecdotally at least, that this penchant for generalization is rampant in discussions of ethnic politics. Journalists and academics tend to talk about one or another ethnic group’s involvement in violence without specifying a political organizational agent. This kind of generalization is a serious obstacle to understanding conflicts and identifying solutions because it prevents policymakers and academics from getting at the messy reality of …