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Table Of Contents

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

No abstract provided.

Dedication

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.

The Push For Corporate Human Trafficking Compliance Under The Trends Of Global Legislation, Adam Banks

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

No abstract provided.

Throwing A Flag On Roger Goodell’S Heavy Hand: A Comparison Of Nfl And Fifa Discipline And Dispute Resolution Mechanisms, Sean W. Pie

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

No abstract provided.

Wherever We Go, We Leave A Trail: Surveillance And Sousveillance In The United States And United Kingdom, Allison Amatuzzo

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

No abstract provided.

It’S Dark And Hell Is Hot: Third Party Complicity In Jus In Bello Detainee Abuse And Torture, Charles L. Deibel, Ii

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

“‘Do not try to do too much with your own hands.’”

Obtaining Relief Under The Convention Against Torture: On The Issue Of Volition, Thomas F. Brier, Jr., Esq.

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

No abstract provided.

“Foreign Agents,” Sovereignty, And Political Pluralism: How The Russian Foreign Agents Law Is Shaping Civil Society, Alexandra V. Orlova

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

During the 1990s, many Russian non-governmental organizations (“NGOs”) secured foreign funding and participated in transnational advocacy networks. However, in the early 2000s, Russian authorities attempted to regain control over foreign-funded NGOs’ activities, presenting these NGOs as national security threats. The 2012 Russian Foreign Agents Law and the resulting 2018 challenge before the European Court of Human Rights reflect contemporary Russian political rhetoric that views Western governments and their agents, including NGOs, as threats to Russian sovereignty and national security. However, legal challenges also de-politicize the issues by forcing all parties into the framework of legal argument, reflecting the decline of …

Legalization And Norm Internalization: An Empirical Study Of International Human Rights Commitments Eliciting Public Support For Compliance, Matthew D. Kim, Ph.D.

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

Past studies argue that states abide by international human rights laws because the ratification of human rights treaties elicits public demand for compliance. Yet, the extent to which human rights treaties affect public support for compliance is unclear. At times, legalization of norms seems to elicit substantial public support for compliance, but at other times, legalization seems to have little effect. This study incorporates the life cycle of norms to arrive at a deeper understanding of the conditions in which international legal commitments to human rights generate public support for compliance with human rights norms. Using a series of survey …

What Fema Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism, Yxta Maya Murray

Arkansas Law Review

The 200th anniversary of the 1819 Supreme Court decision McCulloch v. Maryland offers scholars a special opportunity to study the shortcomings of the federal The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as they were revealed by FEMA’s failures in Puerto Rico during and after Hurricane Maria. Under Article I, Section 8 of the Constitution, as it has been interpreted by McCulloch, a law passed by Congress must be necessary and proper for executing its powers. In light of the expansive capacities allotted for disaster relief under the Stafford Act, and the catastrophic failure of FEMA to provide …

Defying Mcculloch? Jackson’S Bank Veto Reconsidered, David S. Schwartz

Arkansas Law Review

On July 10, 1832, President Andrew Jackson issued the most famous and controversial veto in United States history. The bill in question was “to modify and continue” the 1816 “act to incorporate the subscribers to the Bank of the United States. This was to recharter of the Second Bank of the United States whose constitutionality was famously upheld in McCulloch v. Maryland. The bill was passed by Congress and presented to Jackson on July 4. Six days later, Jackson vetoed the bill. Jackson’s veto mortally wounded the Second Bank, which would forever close its doors four years later at the …

M'Culloch In Context, Mark R. Killenbeck

Arkansas Law Review

M’Culloch v. Maryland is rightly regarded as a landmark opinion, one that affirmed the ability of Congress to exercise implied powers, articulated a rule of deference to Congressional judgments about whether given legislative actions were in fact “necessary,” and limited the ability of the states to impair or restrict the operations of the federal government. Most scholarly discussions of the case and its legacy emphasize these aspects of the decision. Less common are attempts to place M’Culloch within the ebb and flow of the Marshall Court and the political and social realities of the time. So, for example, very few …

The Confusing Language Of Mcculloch V. Maryland: Did Marshall Really Know What He Was Doing (Or Meant)?, Sanford Levinson

Arkansas Law Review

All legal “interpretation” involves confrontation with inherently indeterminate language. I have distinguished in my own work between what I call the Constitution of Settlement and the Constitution of Conversation. The former includes those aspects of the Constitution that do indeed seem devoid of interpretive challenge, such as the unfortunate assignment of two senators to each state or the specification of the terms of office of representatives, senators, and presidents. I am quite happy to concede that “two,” “four,” and “six” have determinate meaning, though my concession is not based on a fancy theory of linguistics. It is, rather, a recognition …

Mcculloch At 200, David S. Schwartz

Arkansas Law Review

March 6, 2019 marked the 200th anniversary of the Supreme Court’s issuance of its decision in McCulloch v. Maryland, upholding the constitutionality of the Second Bank of the United States, the successor to Alexander Hamilton’s national bank. McCulloch v. Maryland involved a constitutional challenge by the Second Bank of the United States to a Maryland tax on the banknotes issued by the Bank’s Baltimore branch. The tax was probably designed to raise the Second Bank’s cost of issuing loans and thereby disadvantage it relative to Maryland’s own state-chartered banks. Marshall’s opinion famously rejected the Jeffersonian strict-constructionist argument that implied powers …

Scotus Gerrymandering Case: Roberts Didn’T Defend Constitutional Democracy, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Scotus Gerrymandering Case: Roberts Didn't Defend Constitutional Democracy, Bruce Ledewitz

Law Faculty Publications

No abstract provided.

Speech, Intent, And The President, Katherine Shaw

Cornell Law Review

Judicial inquiries into official intent are a familiar feature of the legal landscape. Across various bodies of constitutional and public law-from equal protection and due process to the First Amendment's Free Exercise and Establishment Clauses, from the Eighth Amendment to the Dormant Commerce Clause, and in statutory interpretation and administrative law cases across a range of domains-assessments of the intent of government actors are ubiquitous in our law.

But whose intent matters to courts evaluating the meaning or lawfulness of government action? When it comes to statutes, forests have been felled debating the place of legislative intent. But, although the …

Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson

Brooklyn Journal of International Law

In the wake of the adoption of the European Union’s General Data Protection Regulation (GDPR) in May 2018, other countries and jurisdictions have contemplated personal data privacy legislation. In August 2018, the former president of Brazil, Michel Temer, signed the country’s comprehensive data privacy regulation, Lei Geral de Proteção de Dados Pessoais (LGPD), into law. Temer, however, vetoed many of the enforcement provisions. Shortly before leaving office, Temer signed an executive order creating a regulatory agency as the bill initially called for, but situated the agency under executive control instead of creating a wholly independent agency. This Note provides a …

Interrogating Illiberalism Through Chinese Communist Party Regulations, Samuli SeppäNen

Cornell International Law Journal

Can the exercise of political leadership, which is meant to transcend laws, nevertheless, be governed by formal rules? This Article examines the relationship between the illiberal governance project and rule-based governance in the context of the Chinese Communist Party's internal "intraparty" regulations. In the past few years, Chinese Communist Party leaders have sought to strengthen the Party's political leadership by extending its discipline inspection mechanisms further into Chinese state organs. The Party leaders have also sought to regulate Party cadres' uses of power more closely through intraparty regulations. The efforts to strengthen the Party's political leadership through improving intraparty regulations …