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The Mystery Of The Corporate Veil: Comparing Anglo-American Jurisdictions, Peter N. Levenberg, SC 2019 Penn State Dickinson Law

The Mystery Of The Corporate Veil: Comparing Anglo-American Jurisdictions, Peter N. Levenberg, Sc

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

No abstract provided.


Neutrality, Independence And Impartiality In International Commercial Arbitration, A Fine Balance In The Quest For Arbitral Justice, Ronán Feehily 2019 Penn State Dickinson Law

Neutrality, Independence And Impartiality In International Commercial Arbitration, A Fine Balance In The Quest For Arbitral Justice, Ronán Feehily

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

No abstract provided.


Precarious Childhood: Law And Its (Ir)Relevance In The Digital Lives Of Children, Liat Franco, Shulamit Almog 2019 Penn State Dickinson Law

Precarious Childhood: Law And Its (Ir)Relevance In The Digital Lives Of Children, Liat Franco, Shulamit Almog

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

This research provides insight to the way children perceive law and its relevance in the digital realm drawing on in- depth semi-structured interviews with sixty-six eighth- and ninth-grade students from three different Israeli middle schools. According to the findings, children experience the digital world as a precarious environment. Most children interviewed where unaware of or misunderstood relevant legal norms designed to protect web users in general and children in particular. Moreover, children experienced a lack of legal or other appropriate responses to severe incidents of cyberbullying that they experienced firsthand or witnessed as bystanders. Even though children are considered by …


Game Of Thrones: The Qatar Crisis, Forced Expulsions On The Arabian Peninsula, Christopher R. Rossi 2019 Penn State Dickinson Law

Game Of Thrones: The Qatar Crisis, Forced Expulsions On The Arabian Peninsula, Christopher R. Rossi

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

In an extraordinary move, reflecting the Arabian Peninsula’s worst diplomatic dispute in decades, the UAE, Saudi Arabia, Bahrain, and Egypt have expelled Qatari nationals and imposed an air and sea blockade against Qatar because of its alleged support of terrorist organizations. In June 2018, Qatar filed suit against the UAE at the International Court of Justice, alleging discrimination in violation the International Convention on the Elimination of All Forms of Racial Discrimination. This Article explores the problem of forced expulsion and the utility of formal judicial redress at the level of the ICJ. Borrowing from the frame analysis of Erving …


Foreword, 2019 Penn State Dickinson Law

Foreword

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

No abstract provided.


Table Of Contents, 2019 Penn State Dickinson Law

Table Of Contents

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

No abstract provided.


Dedication, 2019 Penn State Dickinson Law

Dedication

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

No abstract provided.


Jlia Masthead 2018-2019, 2019 Penn State Dickinson Law

Jlia Masthead 2018-2019

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

No abstract provided.


The Attorney General's Forgotten Role As Legal Advisor To The Legislature: A Comment On Schmidt V Canada (Attorney General), Andrew Martin 2019 Dalhousie University Schulich School of Law

The Attorney General's Forgotten Role As Legal Advisor To The Legislature: A Comment On Schmidt V Canada (Attorney General), Andrew Martin

Articles, Book Chapters, & Popular Press

In Schmidt v Canada (Attorney General), the Federal Court of Appeal interpreted a series of provisions requiring the Minister of Justice to inform the House of Commons if government bills or proposed regulations are “inconsistent with” the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights. The Federal Court of Appeal, like the Federal Court below, held that these provisions are triggered only where there is no credible argument for consistency. In doing so, both Courts relied, in part, on a separation of powers argument. They stated that the Minister of Justice and Attorney General is not …


The Profile Of The International Cyber Offender In The U.S., Lora I. Hadzhidimova, Brian K. Payne 2019 Old Dominion University

The Profile Of The International Cyber Offender In The U.S., Lora I. Hadzhidimova, Brian K. Payne

International Journal of Cybersecurity Intelligence & Cybercrime

This study explores the characteristics of international cyber offenders prosecuted in the U.S. Our findings to a large extent correspond with general studies about cyber offenders with a few important exceptions. First, the average age of the offenders in our study is slightly higher than others that do not focus exclusively on international offenders. Second, while this research confirms that China is among the leading country in committing cybercrimes when it comes to committing particular types of cybercrimes, the offenders come from other countries as well such as Romania, Estonia, Ukraine, South Africa, and Nigeria. Third, our results show that …


The New Oral Argument: Justices As Advocates, Tonja Jacobi, Matthew Sag 2019 Northwestern Pritzker School of Law

The New Oral Argument: Justices As Advocates, Tonja Jacobi, Matthew Sag

Notre Dame Law Review

No abstract provided.


Hush Don't Say A Word: Safeguarding Student's Freedom Of Expression In The Trump Era, Laura R. McNeal 2019 University of Louisville, Louis D. Brandeis School of Law

Hush Don't Say A Word: Safeguarding Student's Freedom Of Expression In The Trump Era, Laura R. Mcneal

Georgia State University Law Review

The controversy surrounding NFL player Colin Kaepernick’s act of kneeling during the national anthem in protest of police brutality against people of color continues to permeate public discourse. In March 2017, President Trump referenced Colin Kaepernick’s symbolic act during a rally in Louisville, Kentucky, in an effort to illustrate his strong opposition to anyone kneeling during the national anthem. In this speech, President Trump stated that although many NFL franchise owners were interested in signing Colin Kaepernick, many were afraid of receiving a nasty tweet from him. Likewise, in another speech, President Trump stated, “I think it’s a great lack …


Weed Whacking Through The Tenth Amendment: Navigating A Trump Administration Threat To Withhold Funding From Marijuana-Friendly States, Arlen Gharibian 2019 Loyola Marymount University and Loyola Law School

Weed Whacking Through The Tenth Amendment: Navigating A Trump Administration Threat To Withhold Funding From Marijuana-Friendly States, Arlen Gharibian

Loyola of Los Angeles Law Review

The Trump administration has taken a firm stance against marijuana legalization at the state level. While an official federal policy is still pending, this Article focuses on whether the Trump administration’s threats to preventCalifornia from pursuing its duly enacted marijuana legalization law violates the Tenth Amendment. This Article then addresses how the federal government could achieve its goal while remaining within the bounds of the Constitution.


Partisan Gerrymandering And Georgia: Red, White, And Blue Or Just Red And Blue?, Michael C. Freeman Jr. 2019 Georgia State University College of Law

Partisan Gerrymandering And Georgia: Red, White, And Blue Or Just Red And Blue?, Michael C. Freeman Jr.

Georgia State University Law Review

This Note will discuss the viability of the EG and its ramifications as part of a standard for evaluating the unconstitutionality of current and potential districting plans, particularly regarding Georgia’s 2015 plan. Part I outlines the judicial history of partisan gerrymandering and also provides an overview of the EG’s mechanics and the development of Georgia’s reapportionment schemes. Part II then examines the EG’s strengths and weaknesses, applies it and other factors to Georgia’s current districting map, and analyzes the map’s constitutionality. Finally, Part III proposes changes to Georgia’s current plan that, through legislative conformity to specified standards, will ensure adherence …


Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne Barnes 2019 Texas A&M University School of Law

Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne Barnes

Faculty Scholarship

This symposium has revolved around Professor Calhoun’s article, which posits that it is completely legitimate, in proposing laws and public policies, to argue for them in the public square based on overtly religious principles. In my initial response, I took issue with his argument that no reasons justify barring faith-based arguments from the public square argument. In fact, I do find reasons justifying the prohibition of “faith-based,” or Christian, arguments in the public square – and, in fact, I find such reasons within Christianity itself. This is because what is being publicly communicated in Christian political argumentation is that if …


Private Funding Of The United Nations, Consequence And Future Of The World Intergovernmental Organization, Kossi H. Hator 2019 CUNY Graduate Center

Private Funding Of The United Nations, Consequence And Future Of The World Intergovernmental Organization, Kossi H. Hator

Dissertations, Theses, and Capstone Projects

The continuous financial crisis of the United Nations has been one of the of the major issues in the world’s international organization history. For more than forty years, the UN has been continually crippled by unceasing financial difficulties. Repetitive cash-flow emergency, difficulties in collecting member states’ contributions and to pay its debts have become major concerns. Moreover, the necessity to carry on its mission, and to promote peacekeeping and other social programs have been compromised. No matter what the case may be, the future and fate of the organization lays in the hands of the richest and powerful state members, …


Shared Deliberations: Learning From The Voices Of Social Justice Lawyers On Their Aspirations, Challenges And Roles, Ian Head 2019 CUNY Graduate Center

Shared Deliberations: Learning From The Voices Of Social Justice Lawyers On Their Aspirations, Challenges And Roles, Ian Head

Dissertations, Theses, and Capstone Projects

Lawyers in the U.S. who attempt to advocate for social justice issues, often on behalf of those communities most targeted by government institutions and oppressive legal systems, have unique perspectives into the challenges of using the law to create transformative change. This thesis examines the voices of over a dozen attorneys fighting not only on behalf of their clients, but also wrestling with how to best use a set of legal tools not meant for dismantling systems of power. Listening to how these legal advocates navigate their roles inside a system of laws created to consolidate rather than distribute power …


Honoring Innocent Until Proven Guilty: Switching The Default Rule From Pretrial Detention To Pretrial Release In Texas's Bail System, Stephen Rispoli 2019 Baylor University Law School

Honoring Innocent Until Proven Guilty: Switching The Default Rule From Pretrial Detention To Pretrial Release In Texas's Bail System, Stephen Rispoli

Texas A&M Law Review

Texas’s current prison population consists of far more pretrial detainees than convicted criminals. Despite United States and Texas constitutional protections, the default rule in many jurisdictions, including Texas, detains misdemeanor and non-violent felony defendants unless they can post a monetary bond or get a surety to post the bond for them (“bail bond”) to obtain their release. Most pretrial detainees remain detained due not to their alleged dangerousness, but rather because they simply cannot afford to post bail (or get someone to post it for them). As a result, many pretrial detainees find themselves choosing between hamstringing their financial future …


Code Mixing As A Form Of Indonesian Identity Based On The Motto Of Bhinneka Tunggal Ika, Fajar Muhammad Nugraha 2019 Department of Area Studies Faculty of Humanities, Universitas Indonesia

Code Mixing As A Form Of Indonesian Identity Based On The Motto Of Bhinneka Tunggal Ika, Fajar Muhammad Nugraha

International Review of Humanities Studies

In 2018, the Language Comission of the Ministry of Education and Culture (Kemendikbud) of the Republic of Indonesia has made verification towards all the languages that exists in Indonesia. The verification conducted from 1991 to 2017 resulted in 652 languages to be found. That number still does not include the dialects and their sub-divisions of the 652 languages. Meanwhile, UNESCO recorded 143 languages based on their vitality status. Identity can be interpreted as similarity or unity with others in a certain area or other things (Rummens, 1993: 157-159). "The identity possessed by an individual can be in the form of …


Rethinking Social Media: An Expert Panel Discussion, Howard M. Squadron Program in Law, Media and Society, Bonavero Institute of Human Rights, Cardozo Law Moot Court Honor Society 2019 Yeshiva University, Cardozo School of Law

Rethinking Social Media: An Expert Panel Discussion, Howard M. Squadron Program In Law, Media And Society, Bonavero Institute Of Human Rights, Cardozo Law Moot Court Honor Society

2018–2019 Flyers

This expert panel discussion, moderated by Professor Monroe Price, explored the evolving challenges and regulatory efforts related to social media. Held on Thursday, January 31st, from 6–8pm in the Moot Court Room at Cardozo School of Law, the event addressed pressing issues such as child pornography, cyberstalking, hate speech, terrorist content, and the impact of social media on U.S. elections. Panelists included Robyn Caplan (Data and Society), Jessa Lingel (University of Pennsylvania), and Cardozo Professor Felix Wu, whose work focuses on freedom of expression and cybersecurity. Presented by the Howard M. Squadron Program in Law, Media and Society in partnership …


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