Boland In The Wind: The Iran-Contra Affair And The Invitation To Struggle ,
2012
Pepperdine University
Boland In The Wind: The Iran-Contra Affair And The Invitation To Struggle , Bretton G. Sciaroni
Pepperdine Law Review
No abstract provided.
Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System,
2012
Pepperdine University
Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance
Pepperdine Law Review
No abstract provided.
Foreword,
2012
Penn State University, Dickinson School of Law & School of International Affairs
Foreword, Amy C. Gaudion
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
American Parent Bank Liability For Foreign Branch Deposits: Which Party Bears Sovereign Risk?,
2012
Pepperdine University
American Parent Bank Liability For Foreign Branch Deposits: Which Party Bears Sovereign Risk?, Adam Telanoff
Pepperdine Law Review
No abstract provided.
The Child's Right To Be Heard And Represented In Judicial Proceedings ,
2012
Pepperdine University
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
Pepperdine Law Review
No abstract provided.
Jlia Editorial Board & Staff,
2012
Penn State Dickinson Law
Jlia Editorial Board & Staff
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
To Forgive And Forget: How Reconciliation And Amnesty Legislation In Afghanistan Forgives War Criminals While Forgetting Their Victims,
2012
Penn State Dickinson Law
To Forgive And Forget: How Reconciliation And Amnesty Legislation In Afghanistan Forgives War Criminals While Forgetting Their Victims, Sara L. Carlson
Penn State Journal of Law & International Affairs (2012 - Present)
More than three decades of war and hundreds of thousands killed or brutalized by the actions of warlords and insurgent commanders vying for power comprise the backdrop of modern Afghanistan. As Afghanistan continues toward a new era, seeking democracy in a country where tribal affiliations and ethnic groups often usurp any sense of patriotism, the reconciliation of armed fighters while providing an adequate grievance process for victims of war crimes must take priority in the process adopted to unify the Islamic Republic of Afghanistan. This comment explores the current attempt by the Islamic Republic of Afghanistan to provide a system …
International Activity And Domestic Law,
2012
Penn State Dickinson Law
International Activity And Domestic Law, Adam I. Muchmore
Penn State Journal of Law & International Affairs (2012 - Present)
This essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.
The Full Story Of United States V. Smith, America’S Most Important Piracy Case,
2012
Penn State Dickinson Law
The Full Story Of United States V. Smith, America’S Most Important Piracy Case, Joel H. Samuels
Penn State Journal of Law & International Affairs (2012 - Present)
This article explores the seminal United States Supreme Court decision of United States v. Smith (1820). Smith, an early piracy case, has influenced developments in both domestic and international law on piracy, universal jurisdiction, and a range of broader themes. This article is the first to explore the context within which the case arose, as well as the circumstances of the case itself. In addition to the details of the case, the story of the men prosecuted for their cruise aboard the vessel known as the Irresistible in the late spring and early summer of 1819 also offers a …
Remarks On Counterstrike,
2012
Penn State Dickinson Law
Remarks On Counterstrike, Eric Schmitt
Penn State Journal of Law & International Affairs (2012 - Present)
After 9/11, the United States government was forced to think differently about terrorism and the nation’s ability to respond to attacks. Eric Schmitt and Thom Shanker address many of the intricacies faced by officials at the White House, the State Department and the Pentagon in their book Counterstrike. In this essay, transcribed from remarks given on March 21, 2012 at the Clarke Forum for Contemporary Issues at Dickinson College, Schmitt discusses how the U.S. government’s policies toward Al Qaeda and terrorism in general have evolved in the ten-year period following the attacks.
Remarks, The Big Picture: Beyond Hot Spots & Crises In Our Interconnected World,
2012
Penn State Dickinson Law
Remarks, The Big Picture: Beyond Hot Spots & Crises In Our Interconnected World, Anne-Marie Slaughter
Penn State Journal of Law & International Affairs (2012 - Present)
The picture of foreign policy as seen by the United States has changed dramatically over the last few decades. The United States now faces a world far more interconnected and integrated than the foreign policy landscape of the Cold War and its immediate aftermath. Instead of one or two super power centers, the world today is made up of multiple global and regional power centers. This essay, transcribed and adapted from remarks given by Anne-Marie Slaughter on March 15, 2012, at the Dickinson School of Law of the Pennsylvania State University, examines the shift to a multi-polar world of foreign …
International Order After The Financial Crisis,
2012
Penn State Dickinson Law
International Order After The Financial Crisis, Harold James
Penn State Journal of Law & International Affairs (2012 - Present)
How is international order built, and how is it legitimate, in a world in which political and economic foundations are rapidly shifting? What are the consequences of the rise of major new powers for the structure and the functioning of the international system? Great wars or great financial crises have in the past led to disorientation about the moral foundations of society, domestically and internationally. The paper examines parallels with the Great Depression, and in particular the weakening of multilateralism and of small political units, and the strengthening of large powers with hegemonic claims. The paper then turns to an …
The Growing Dark Side Of Cyberspace ( . . . And What To Do About It),
2012
Penn State Dickinson Law
The Growing Dark Side Of Cyberspace ( . . . And What To Do About It), Ronald Deibert
Penn State Journal of Law & International Affairs (2012 - Present)
Cyberspace – the global environment of digital communications – surrounds and embodies us entirely, 24 hours a day, 7 days a week. We are always on, always connected: emailing, texting, searching, networking, and sharing are all now as commonplace as eating, breathing, and sleeping. But there is a dark side to cyberspace - hidden contests and malicious threats - that is growing like a disease from the inside-out. This disease has many symptoms, and is being reinforced by a multiplicity of disparate but mutually reinforcing causes. Some of these driving forces are unintended byproducts of the new digital universe into …
The Rise Of Transparency And The Decline Of Secrecy In The Age Of Global And Social Media,
2012
Penn State Dickinson Law
The Rise Of Transparency And The Decline Of Secrecy In The Age Of Global And Social Media, P.J. Crowley
Penn State Journal of Law & International Affairs (2012 - Present)
News reporting of a wide range of sensitive government policies, operations, and internal deliberations has raised understandable concerns that U.S. national security is being compromised. In response, there is an increase in investigations and prosecutions and proposed legislation to plug government leaks. But a broader reality may be at work. In the increasingly interconnected and transparent world of the Internet, Facebook, Twitter, satellite television, WikiLeaks, omniscient cellphones and technology-enhanced revolutions such as the Arab Awakening, governments have lost their ability to control the flow of information. More people have access to more information, with the ability to communicate anything from …
The Balance Of Power, Public Goods, And The Lost Art Of Grand Strategy: American Policy Toward The Persian Gulf And Rising Asia In The 21st Century,
2012
Penn State Dickinson Law
The Balance Of Power, Public Goods, And The Lost Art Of Grand Strategy: American Policy Toward The Persian Gulf And Rising Asia In The 21st Century, Flynt Leverett, Hillary Mann Leverett
Penn State Journal of Law & International Affairs (2012 - Present)
An important driver of relative decline in America’s international standing is the failure of its political elites to define reality-based foreign policy goals and to relate the diplomatic, economic, and military means at Washington’s disposal to realizing them—the essence of “grand strategy.” For several decades, American policy has been pulled in opposite directions by two competing models of grand strategy. In one—the leadership model—America maximizes its international standing by adroitly managing regional and global power balances and promoting the processes of economic liberalization known collectively as globalization. In the second model—the transformation model—America seeks not to manage power balances but …
Does A Cartel Aim Expressly? Trusting Calder Personal Jurisdiction When Antitrust Goes Global,
2012
University of Florida Levin College of Law
Does A Cartel Aim Expressly? Trusting Calder Personal Jurisdiction When Antitrust Goes Global, Larry Dougherty
Florida Law Review
This Note suggests that while Calder jurisdiction fits well with some types of antitrust allegations, the Calder analogy weakens when charges of broad-based anticompetitive conduct collide with the long-arm statutes of particular states. The risk of forcing the analogy too far, of course, is a violation of due process. Part II of this Note reviews the facts and holding of Calder, and some of the key cases that followed it. Part III addresses the question of how the effects test might be different for antitrust complaints. Part IV reviews one type of anticompetitive conduct that seems to place particular …
Tort Arbitrage,
2012
University of Florida Levin College of Law
Tort Arbitrage, Robert J. Rhee
Florida Law Review
The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the empirical world. This Article models the interaction of settlement dynamics and the economic theory of negligence. It shows that tort claims are systematically devalued during settlement relative to the legal standard. Central to this thesis is a proper conception and accounting of cost. Cost is typically viewed as the transaction cost of litigation processing. Cost, however, encompasses more than this. Each dispute has a cost of resolution, defined as the discounting effect of risk on legal valuation. A spread between the …
Climate Change And International Trade: Conflict Or Opportunity?,
2012
Brookings Institution
Climate Change And International Trade: Conflict Or Opportunity?, Joshua Meltzer
Brookings Scholar Lecture Series
How can international trade negotiations provide incentives or limit progress on domestic and international climate change policy? This presentation will explore how trade negotiations can reduce trade barriers to low carbon produced goods, the implications of the World Trade Organization (WTO) and free trade agreements, and how pricing carbon to reduce greenhouse gas emissions can lead to international competitiveness and carbon leakage concerns. This presentation will consider the implications of the November 6th election on short and long-term climate policy initiatives.
“Beyond The Scope Of Ordinary Training And Knowledge”: The Argument For Droit Moral, U.S. Research Science Intellectual Property Moral Rights,
2012
Solo Practice
“Beyond The Scope Of Ordinary Training And Knowledge”: The Argument For Droit Moral, U.S. Research Science Intellectual Property Moral Rights, Joan Elise Jackson
Pace Law Review
No abstract provided.
Regulatory Conflicts: International Tender And Exchange Offers In The 1990s,
2012
Pepperdine University
Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire
Pepperdine Law Review
No abstract provided.
