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25,930 full-text articles. Page 9 of 544.

Throwing A Flag On Roger Goodell’S Heavy Hand: A Comparison Of Nfl And Fifa Discipline And Dispute Resolution Mechanisms, Sean W. Pie 2019 Penn State Law

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

No abstract provided.


Wherever We Go, We Leave A Trail: Surveillance And Sousveillance In The United States And United Kingdom, Allison Amatuzzo 2019 Penn State Law

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

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 2019 Penn State Law

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

“‘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. 2019 Penn State Law

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

Penn State Journal of Law & International Affairs

No abstract provided.


“Foreign Agents,” Sovereignty, And Political Pluralism: How The Russian Foreign Agents Law Is Shaping Civil Society, Alexandra V. Orlova 2019 Penn State Law

“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

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. 2019 Penn State Law

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

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 ...


Armed Groups And The Protection Of Health Care, Ezequiel Heffes 2019 Geneva Call

Armed Groups And The Protection Of Health Care, Ezequiel Heffes

International Law Studies

That armed groups have been responsible for attacks against health care personnel and for violating the protection of health care is not news. This is one of the greatest humanitarian challenges of contemporary armed conflict. Armed groups, however, have also attempted to evacuate and treat wounded enemy fighters and civilians and, in certain contexts, they have even provided health care services for the civilian population living in the territories under their control. This article describes some of the key issues related to the variation of armed groups’ behaviors when dealing with the protection of health care, inquiring into why some ...


An Examination Of The Legal Question Of Shooting Down Hijacked Planes Through An Emphasis On Past Passenger Aircraft Incidents, Joseph Stuhlmann 2019 University of St. Thomas, Minnesota

An Examination Of The Legal Question Of Shooting Down Hijacked Planes Through An Emphasis On Past Passenger Aircraft Incidents, Joseph Stuhlmann

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Rule Of Law And The Exploitation Of Children In Africa, John Mukum Mbaku 2019 University of California, Hastings College of the Law

The Rule Of Law And The Exploitation Of Children In Africa, John Mukum Mbaku

Hastings International and Comparative Law Review

The abuse and exploitation of children is a major public policy priority for all African countries. Throughout the continent, children are routinely abused and exploited as sex objects; tools in the production of various goods, including cocoa, gold, and various minerals, as well as, services, such as pornography and prostitution; and, as child soldiers to fight in sectarian conflicts and civil wars. Children in Africa are exploited and abused by both domestic and external or foreign actors and these include, but are not limited to, family members and community leaders, foreign tourists who seek the continent’s children for sex ...


Prefatory Matter, 2019 University of California, Hastings College of the Law

Prefatory Matter

Hastings International and Comparative Law Review

No abstract provided.


Pharmaceutical Industry Funding To Patient-Advocacy Organizations: A Cross-National Comparison Of Disclosure Codes And Regulation, Laura Karas, Robin Feldman, Ge Bai, So Yeon Kang, Gerard F. Anderson 2019 University of California, Hastings College of the Law

Pharmaceutical Industry Funding To Patient-Advocacy Organizations: A Cross-National Comparison Of Disclosure Codes And Regulation, Laura Karas, Robin Feldman, Ge Bai, So Yeon Kang, Gerard F. Anderson

Hastings International and Comparative Law Review

Transparency has become one of the primary themes in health care reform efforts in the United States and across the world. In the face of exorbitant drug prices, high levels of patient cost-sharing, and pharmaceutical expenditures that consume a growing proportion of public sector budgets, much attention has been drawn to the pharmaceutical industry. Congressional investigations, academic publications, and news articles have endeavored to reveal the extent of drug and device industry influence on health care actors. In response, several nations, including the United States, have passed legislation mandating disclosure of drug company payments to physicians. In the United States ...


Legislating The Right-To-Die With Dignity In A Confucian Society—Taiwan’S Patient Right To Autonomy Act, Chih-hsiung Chen 2019 University of California, Hastings College of the Law

Legislating The Right-To-Die With Dignity In A Confucian Society—Taiwan’S Patient Right To Autonomy Act, Chih-Hsiung Chen

Hastings International and Comparative Law Review

In Confucian societies, people tend to avoid the discussion on death matters, let alone making advance directives to reject life-sustaining treatments at the end of life. Taiwan might be a pioneer in legislating the right-to-die with dignity among Confucian countries. As early as 2000, the Hospice Palliative Care Act was declared in Taiwan, which give terminally-ill patients the options to forgo life-sustaining treatments. Furthermore, in 2016, Taiwan passed the Patient Right to Autonomy Act to enhance patients’ choice at the end of life and expanded the coverage to certain types of nonterminally ill patients. On the other hand, end-of-life issues ...


Organ Donations: Why The Gift Of Life Ideology Is Losing Lives, Dylan Fukai 2019 University of California, Hastings College of the Law

Organ Donations: Why The Gift Of Life Ideology Is Losing Lives, Dylan Fukai

Hastings International and Comparative Law Review

As people around the world continue to die on organ transplant waiting lists, the international community sits idly by, hoping that human kindness will solve the growing need for organs. Current altruistic systems have proven to be inadequate to close the gap between the high demand for organs and the limited supply of legally available organs. The international community’s aversion toward legal organ sales and the current issues stemming from the illegal organ market continue to impede progress toward saving lives. However, some nations have begun to transition from strictly altruistic organ transplantation systems. One example of a non-altruistic ...


Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves 2019 Brooklyn Law School

Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves

Brooklyn Journal of International Law

In the liberal-democratic tradition limits on speech must be clear, precise, and subject to justification within the particular constitutional framework of a given jurisdiction. In the Hong Kong Special Administrative Region (HKSAR), the Court of Final Appeal has developed a line of jurisprudence that explains under which circumstances the Government of Hong Kong (Government) may seek to limit the free speech provisions contained within the Basic Law, Hong Kong's quasi-constitution. In its fight against ‘localists,’ however, rather than legislating a clear speech restriction that is consistent with this jurisprudence, the Government has instead attempted to suppress unwelcome political speech ...


Trade Secret Protection In Japan And The United States: Comparison And Recommendations, Thomas Landman 2019 Brooklyn Law School

Trade Secret Protection In Japan And The United States: Comparison And Recommendations, Thomas Landman

Brooklyn Journal of International Law

Trade secret law is a vital, yet often misunderstood, form of intellectual property law. As economic superpowers, both Japan and the United States realize that effective trade secret protection is essential for the prosperity of their domestic economies, and both nations have enacted laws to protect their trade secrets. While both Japan and the United States are signatories to the TRIPS agreement and therefore provide a shared baseline standard of trade secret protection, cultural and systemic differences between the two nations have resulted in differences in the way each nation implements its trade secret laws. This Note traces the history ...


Forging Taiwan’S Legal Identity, Margaret K. Lewis 2019 Brooklyn Law School

Forging Taiwan’S Legal Identity, Margaret K. Lewis

Brooklyn Journal of International Law

The legal system in Taiwan is undergoing a transformation. Over a hundred years since the founding of the Republic of China and over thirty years since the end of martial law on Taiwan, a new legal identity is being forged. Public criticism of “dinosaur” judges and esoteric debates among law-trained elites have galvanized efforts to create a more inclusive discussion surrounding legal reforms. Taiwan is facing the challenge of moving from dinosaurs to dynamism. This Article argues that transparency, clarity, and participation both are animating principles of the current reform debate and are beginning to emerge as characteristics of Taiwan ...


Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson 2019 Brooklyn Law School

Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson

Brooklyn Journal of International Law

South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the ...


Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin 2019 Brooklyn Law School

Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin

Brooklyn Journal of International Law

Spurred in large part by a mounting humanitarian crisis in Syria, the 2015 migrant crisis exposed deeply rooted fractures within the European Union regarding refugee resettlement. While the European Union worked to develop a synchronized response to the influx of refugees and asylees, Hungary defiantly sought to close its borders. In doing so, the Hungarian government targeted not only those seeking refuge, but its own civil society. In a series of opaque and overtly punitive legislative acts passed in the summer of 2018, Hungary criminalized any civil society activities that facilitate or assist with immigration. This Note will analyze the ...


The Plight Of Georgia: Russian Occupation And The Energy Charter Treaty, Jennessa M. Lever 2019 Brooklyn Law School

The Plight Of Georgia: Russian Occupation And The Energy Charter Treaty, Jennessa M. Lever

Brooklyn Journal of International Law

After the Five-Day Russo-Georgian War, Russia usurped Georgian separatist territories, including a stretch of the Baku-Supsa Pipeline which provides gas to Europe. The continued occupation by Russia endangers Georgian sovereignty, natural resources, and economic security and puts Europe’s gas security at risk. The Energy Charter Treaty (ECT), through provisional application, provides a unique opportunity to assist Georgia’s battle for territorial integrity. This Note will examine the ECT’s ability to provide a pathway for Georgian economic and energy security by holding Russia accountable for violations of the ECT and removing Russia’s stronghold on the region.


Classification Of Cyber Capabilities And Operations As Weapons, Means, Or Methods Of Warfare, Jeffrey T. Biller, Michael N. Schmitt 2019 Judge Advocate General's Corps, U.S. Air Force

Classification Of Cyber Capabilities And Operations As Weapons, Means, Or Methods Of Warfare, Jeffrey T. Biller, Michael N. Schmitt

International Law Studies

Despite several persistent controversies regarding how international law applies to cyber operations during an armed conflict, general understanding of the law in this domain is maturing. Reasoning by analogy to non-cyber application and interpretation of international law underlies much of the progress. Yet, although preexisting normative structures and legal terminology enable legal advisors and scholars to usefully draw upon previously acquired experience and understanding, there are obstacles to definitive analogizing that result from fundamental differences between cyber and kinetic operations. The number of imperfect analogies that underlie some of the normative uncertainty in the field underscores this point.

One key ...


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