JournalTOCs

Penn State Journal of Law & International Affairs
Number of Followers: 4

This is an Open Access Journal

Open Access journal
ISSN (Print) 2168-7951
Published by Penn State University Press

[35 journals]

Foreword
- PubDate: Tue, 09 Jul 2019 10:10:59 PDT
The Push For Corporate Human Trafficking Compliance Under The Trends of
Global Legislation
- Authors: Adam Banks
  PubDate: Tue, 09 Jul 2019 10:10:31 PDT
Throwing a Flag on Roger Goodell’s Heavy Hand: A Comparison of NFL and
FIFA Discipline and Dispute Resolution Mechanisms
- Authors: Sean W. Pie
  PubDate: Tue, 09 Jul 2019 10:10:24 PDT
Wherever We Go, We Leave A Trail: Surveillance And Sousveillance in the
United States and United Kingdom
- Authors: Allison Amatuzzo
  PubDate: Tue, 09 Jul 2019 10:10:16 PDT
It’s Dark and Hell is Hot: Third Party Complicity in Jus In Bello
Detainee Abuse and Torture
- Authors: Charles L. Deibel; II
  Abstract: “‘Do not try to do too much with your own hands.’”
  PubDate: Tue, 09 Jul 2019 10:10:08 PDT
Obtaining Relief Under the Convention Against Torture: On the Issue of
Volition
- Authors: Thomas F. Brier, Jr; Esq.
  PubDate: Tue, 09 Jul 2019 10:10:01 PDT
“Foreign Agents,” Sovereignty, and Political Pluralism: How the
Russian Foreign Agents Law is Shaping Civil Society
- Authors: Alexandra V. Orlova
  Abstract: 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 political pluralism in Russia. Revitalizing Russia’s civil and political landscapes requires a thorough redefinition of national security, one that includes NGOs participating in transnational advocacy networks as partners in providing security.
  PubDate: Tue, 09 Jul 2019 10:09:54 PDT
Legalization and Norm Internalization: An Empirical Study of International
Human Rights Commitments Eliciting Public Support for Compliance
- Authors: Matthew D. Kim; Ph.D.
  Abstract: 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 experiments, this study finds that the effect of legalization on public support depends on the internalization of the norm itself. When a norm is emerging, legalization garners greater public support. When the norm is internalized, legalization does not always generate greater public support. In a sense, state commitment and norm internalization have substitutable effects on eliciting public support for compliance. This study also uses text analysis to explore the causal mechanisms through which international law causes greater public support for compliance. Laws of high obligation elicit public support by generating concerns over the state’s reputation, regardless of the norm’s life cycle. These findings suggest that policymakers and human rights advocates hoping to elicit greater public support for compliance with human rights norms should invest their political capital and financial resources on legalizing emerging norms.
  PubDate: Tue, 09 Jul 2019 10:09:47 PDT
Bridging the Gap Between DACA and the DREAM: The BRIDGE Act, What It
Means, and Why It Matters
- Authors: Ellen E. Findley
  PubDate: Wed, 13 Feb 2019 00:52:26 PST
Clarity in the Code du Travail: The Plain Language Movement, French
Legislative Drafting, and President Macron’s Collective Bargaining
Reform
- Authors: Adam Boyd
  Abstract: Although the French Code is known as concise and elegant, the French Labor Code, or the Code du Travail, is not.1 Recent reform to the Code du Travail provides a chance to study Plain Language use in France in 2017. This Comment briefly introduces what Plain Language is, its goal of making the law easier to read, and the international movement to implement Plain Language legal reforms. The Comment then introduces a summary of the French legal system relevant to discussion of the Code du Travail, including how legislation is passed and the structure of a French statute. Next, the Comment discusses the recent labor reform in France, with a brief focus on collective bargaining laws in the context of Plain Language. Eventually, the Comment concludes that changes can still be made to the recent reform to provide more clarity to the reader. Finally, the Comment attempts revisions to two proposed articles within Article 7 of Ordonnance 17-1385 in both French and English.
  PubDate: Wed, 13 Feb 2019 00:52:20 PST
“One is the Loneliest Number”: A Comparison of Solitary Confinement
Practices in the United States and the United Kingdom
- Authors: Daniella Johner
  PubDate: Wed, 13 Feb 2019 00:52:13 PST
American Immigration: A Path Of Return to a Pre-Modern Ideal of Open
Immigration Policy
- Authors: Zachary J. Carls
  PubDate: Wed, 13 Feb 2019 00:52:02 PST
The Mystery of the Corporate Veil: Comparing Anglo-American Jurisdictions
- Authors: Peter N. Levenberg; SC
  PubDate: Wed, 13 Feb 2019 00:51:52 PST
Neutrality, Independence and Impartiality in International Commercial
Arbitration, A Fine Balance in the Quest For Arbitral Justice
- Authors: Ronán Feehily
  PubDate: Wed, 13 Feb 2019 00:51:43 PST
Precarious Childhood: Law and its (Ir)Relevance in the Digital Lives of
Children
- Authors: Liat Franco et al.
  Abstract: 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 adults to be digital savvy, as they are spending a growing share of time online and on social media apps, they have almost no awareness of their rights in this sphere. This study provides evidence suggesting that this low-level legal consciousness is responsible for the anxiety and fear articulated by the children we interviewed.
  PubDate: Wed, 13 Feb 2019 00:51:34 PST
Game of Thrones: The Qatar Crisis, Forced Expulsions on the Arabian
Peninsula
- Authors: Christopher R. Rossi
  Abstract: 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 Goffman, this clash portrays the dispute in terms of ceremonial performance (dramaturgy) that better suggests its removal to softer, more discursive forums for dispute settlement, such as the Gulf Cooperation Council (“GCC”). Although already described as a major victim of this dispute, the GCC may better preserve the dynamics of purposeful negotiation involving a situation that bears resemblance to a family feud as much as a clash of state interests. This dispute highlights the expanding problem of nationality, migration, and human rights in an age of terror, and the limits but need of informal international legal means to best frame meaningful solutions to an expanding problem. The twentieth century’s experience with the problem of forced migration indicated the need for international legal reforms. The current problem on the Arabian Peninsula signifies clearly that the project to address the issue continues. This Article explores the problem of forced expulsion and the utility of formal judicial redress at the level of the ICJ. After reviewing the history of hospitality and expulsion, this Article factors into the discussion the motivational fear of terrorism and frames the discussion against the backdrops of competing UAE and Qatari claims. The utility of litigating this case before the ICJ is then assessed in terms of substance and dramaturgy, leading to a reconsideration of the value of a soft law solution, perhaps in a way that can reinvigorate the GCC, which has been badly damaged by the dispute.
  PubDate: Wed, 13 Feb 2019 00:51:21 PST
Foreword
- PubDate: Wed, 13 Feb 2019 00:51:08 PST