The “Deliberate Indifference” Standard Of Mental Health Care: How It Fails Unaccompanied Minors Seeking Asylum,
2023
Penn State Dickinson Law
The “Deliberate Indifference” Standard Of Mental Health Care: How It Fails Unaccompanied Minors Seeking Asylum, Karina Virk
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Must China Pay? How Claims Against China For Covid-19 Reveal Flaws In The International Legal System That Make Accountability Impractical,
2023
Penn State Dickinson Law
Must China Pay? How Claims Against China For Covid-19 Reveal Flaws In The International Legal System That Make Accountability Impractical, Talia Danielle Sturkie
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Semi-Presidentialism: A Pathway To Democratic Backslide,
2023
Penn State Dickinson Law
Semi-Presidentialism: A Pathway To Democratic Backslide, Connor Mcafee
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
A Path For Cooperation Between Law Schools In China And The United States,
2023
Penn State Dickinson Law
A Path For Cooperation Between Law Schools In China And The United States, Bryant Walker Smith, Ying Wang, Leighton Carlock, Karman Lucero
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Enforcing Arbitral Awards Against States And The Defense Of Sovereign Immunity From Execution: A U.S. Perspective,
2023
Penn State Dickinson Law
Enforcing Arbitral Awards Against States And The Defense Of Sovereign Immunity From Execution: A U.S. Perspective, Ylli Dautaj
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Jus Ad Bellum In Cyberspace: A New Framework,
2023
Penn State Dickinson Law
The Jus Ad Bellum In Cyberspace: A New Framework, M. Walker Brunner
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Taking Exception To Criminal Justice Reforms That Fail To Transform: Using Transitional Justice To End The Carceral State,
2023
Penn State Dickinson Law
Taking Exception To Criminal Justice Reforms That Fail To Transform: Using Transitional Justice To End The Carceral State, Angela A. Allen-Bell
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Foreword,
2023
Penn State Dickinson Law
Foreword
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Table Of Contents,
2023
Penn State Dickinson Law
Table Of Contents
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Dedication,
2023
Penn State Dickinson Law
Dedication
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Limiting 28 U.S.C. § 1782: A Changed Landscape For Discovery In Private Commercial Arbitration Abroad,
2023
Brooklyn Law School
Limiting 28 U.S.C. § 1782: A Changed Landscape For Discovery In Private Commercial Arbitration Abroad, Jazmyne R. Barto
Brooklyn Journal of Corporate, Financial & Commercial Law
For decades 28 U.S.C. § 1782 has been used by foreign entities looking to compel discovery in the United States for use in commercial arbitration proceedings abroad. Despite the statute being in force since 1948, many federal courts were unsure of whether § 1782 could actually be used in international private commercial arbitration. The Supreme Court tried and failed to clarify the statute’s scope in 2004, leading to a circuit court split as to §1782’s applicability. Looking to end the controversy once and for all, during the Summer of 2022, the Supreme Court clearly stated that § 1782 might not …
Neil Cohen’S Contribution To Uniform Secured Finance Law,
2023
Brooklyn Law School
Neil Cohen’S Contribution To Uniform Secured Finance Law, Spyridon V. Bazinas
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article discusses Neil Cohen’s contribution to uniform secured finance law and, in particular, to the UNCITRAL Model Law on Secured Transactions. It does so by focusing on the misgivings Neil Cohen had expressed before, and his reflections on those misgivings after, the preparation of the Model Law. The discussion presents Neil Cohen as is generally known, as a distinguished scholar, but also as he is known to his friends and colleagues, as a person with rare qualities.
Reforming The Law Reform Ecosystem,
2023
Brooklyn Law School
Reforming The Law Reform Ecosystem, Timothy Schnabel
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article outlines a series of reforms that would make global law reform efforts more effective and efficient. These efforts currently occur primarily in three multilateral organizations (UNCITRAL, UNIDROIT, and the Hague Conference). The member states of these organizations could easily increase coordination—even to the point of de facto consolidation of the organizations’ work—and could increase the attention given to selecting projects and promoting instruments. Additionally, the U.S. government could organize plurilateral law reform efforts outside these organizations and draw on U.S. domestic law reform efforts to identify new topics for work. Finally, non-government actors could themselves coordinate across the …
Commercial Law Harmonization: The Role Of The United States,
2023
Brooklyn Law School
Commercial Law Harmonization: The Role Of The United States, Hal Burman
Brooklyn Journal of Corporate, Financial & Commercial Law
The modern field of transnational commercial law harmonization began in the United States in the mid-1960s; the international basis of that began in the mid-1940s. Before that, a limited number of areas of private international law (PIL) had active participation of US interests, such as maritime law. US participation internationally effectively began in the middle 1960s. Developments parallel to commercial law have been significant in the areas of applicable law, jurisdiction, commercial arbitration, family law, and other fields – all important areas of transnational law, but beyond the scope of this symposium. Each of these areas of law, while affecting …
Sacred Spheres: Religious Autonomy As An International Human Right,
2023
The Catholic University of America, Columbus School of Law
Sacred Spheres: Religious Autonomy As An International Human Right, Diana V. Thomson, Kayla A. Toney
Catholic University Law Review
How should courts resolve thorny human rights disputes that arise within religious groups? According to an emerging international consensus, they shouldn’t. When a case involves sensitive internal decisions by a religious organization, such as choosing who is qualified to teach the faith, courts are increasingly taking a hands-off approach. This global consensus has formed across international treaties, tribunals, and domestic courts in European and American nations. Every major human rights instrument and many international and domestic courts recognize that religious freedom must extend to religious communities, especially houses of worship and schools where believers gather to practice their faith and …
Black Lives Matter And The Push For Colonial-Era Cultural Heritage Restitution,
2023
Catholic University of America (Student)
Black Lives Matter And The Push For Colonial-Era Cultural Heritage Restitution, Kathryn Speckart
Catholic University Law Review
The influence of the Black Lives Matter movement extends into U.S. museums in the form of calls for “decolonization” of collections comprised of art and artifacts from Africa and other colonized areas. As a result, the accompanying legal and ethical questions surrounding these artifacts now figure prominently in the museum industry. This Comment analyzes why the current U.S. cultural heritage law framework does not accommodate colonial-era African artifacts. This is due to few of these artifacts being subject to legal claims under current laws, African artifacts not having protection as a special classification, and the lack of enforcement mechanisms in …
Language Laws And Regional Identity: A Case Study Of Euskera In The Basque Country,
2023
University of Mississippi
Language Laws And Regional Identity: A Case Study Of Euskera In The Basque Country, Jenna Ebel
Honors Theses
This thesis explores the interconnectivity between language laws and regional identity, focusing on education, public health, and transnational systems. Through this case study of the Basque Country, the context and wording of the language laws in the subregions within the Basque Country are utilized to understand how they affect the usage and understanding of the Basque language, “Euskera.” Through this, the study is then focused on the Spanish autonomous community of the Basque Country to understand the effects of a minority language on educational systems, the COVID-19 Pandemic, and the connections to both the EU and the UN. Through a …
Regulating Strategic Sovereign Wealth,
2023
Brigham Young University Law School
Regulating Strategic Sovereign Wealth, Paul Rose
BYU Law Review
In an era of ascendant globalization, sovereign wealth funds were used by governments around the world – and, in particular, by governments with massive natural resource wealth or balance-of-trade surpluses – to invest widely in foreign markets. Sovereign wealth funds were products of the international economic order then in existence, adapted to a political and economic environment in which borders could be easily crossed and foreign assets seemed abundant and easily acquired. After the Financial Crisis, and with the increasing nationalization seen in the 2010s, this environment began to change. Both domestic and international forces spurred the development of new, …
Ethical Considerations Of Clinical Research In Emergency Care Settings: A Review,
2023
University of Connecticut
Ethical Considerations Of Clinical Research In Emergency Care Settings: A Review, Adith Velavan
Honors Scholar Theses
Emergency and acute care settings are some of the most volatile and high intensity areas of any healthcare operation. Better understanding of systems and treatments in these spaces are critical to improving outcomes for the high risk patients that are treated there. Clinical research serves as a cornerstone of modern medical research, and is critical to the further improvement of clinical care in these settings. This thesis serves to explore the ethicality of such research given the constraints of emergency medicine settings. Not only does this thesis provide a strong foundation regarding the history and current practices of clinical research, …
(Not) Right On Time: Interpretation Of "Pertinent Time" For Bancec Alter Ego Analysis And Its Effect On Attaching Foreign Sovereign Assets,
2023
University of Cincinnati College of Law
(Not) Right On Time: Interpretation Of "Pertinent Time" For Bancec Alter Ego Analysis And Its Effect On Attaching Foreign Sovereign Assets, James Hardman
University of Cincinnati Law Review
No abstract provided.
