Geological Observatory of Coldigioco
PennState, The Dickinson School of Law: Penn State Law eLibraryNot a member yet
7581 research outputs found
Sort by
Grid Reliability Through Clean Energy
No full textIn the wake of recent high-profile power failures, policymakers and politicians have asserted that there is an inherent tension between the aims of clean energy and grid reliability. But continuing to rely on fossil fuels to avoid system outages will only exacerbate reliability challenges by contributing to increasingly extreme climate-related weather events. These extremes will disrupt the power supply, with impacts rippling far beyond the electricity sector.This Article shows that much of the perceived tension between clean energy and reliability is a failure of law and governance resulting from the United States’ siloed approach to regulating the electric grid. Energy regulation is, we argue, siloed across three dimensions: (1) across substantive responsibilities (clean energy versus reliability); (2) across jurisdictions (federal, regional, state, and sometimes local); and (3) across a public–private continuum of actors. This segmentation renders the full convergence of clean-energy and reliability goals extremely difficult. Reliability-focused organizations operating within their silos routinely counteract climate policies when making decisions about how to keep the lights on. Similarly, legal silos often cause states and regional organizations to neglect valuable opportunities for collaboration. Despite the challenges posed by this disaggregated system, conceptualizing the sphere of energy reliability as siloed across these dimensions unlocks new possibilities for reform.We do not propose upending energy law silos or making energy institutions wholly public. Rather, we argue for calibrated reforms to U.S. energy law and governance that shift authority within and among the silos to integrate the twin aims of reliability and low-carbon energy. Across the key policy areas of electricity markets, transmission planning and siting, reliability regulation, and regional grid governance, we assess changes that would integrate climate and reliability imperatives; balance state, regional, and federal jurisdiction; and reconcile public and private values. We believe this approach to energy law reform offers a holistic and realistic formula for a cleaner, more reliable grid
Decitizenizing Asian Pacific American Women
No full textThe Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger forms of discrimination, including the harms of decitizenship. These harms include limited access to full citizenship rights due to legal barriers, restricted cultural and political power, and a lack of belonging. The Article concludes that these harms result from the structure of past and present immigration laws and enforcement policies that, though initially targeting Asian women, now result in discrimination more broadly against Asian Pacific American (APA) women. The marginalization of this community, and the degrading stereotypes integrated within this marginalization, are designed to decitizenize. This Article illustrates how decitizenizing processes that are uniquely aimed at APA women can lead to the justification and excusal of legal and social discrimination
IS POPIA BAD BUSINESS FOR SOUTH AFRICA? COMPARING THE GDPR TO POPIA AND ANALYZING POPIA’S IMPACT ON BUSINESSES IN SOUTH AFRICA
No full text
Transnational Intellectual Property Law: Cases and Materials from the United States, Europe, Japan, and China
No full textTransnational Intellectual Property Law provides students comparative knowledge of intellectual property for today’s world. The book provides students a strong understanding of intellectual property law in four important global stakeholders and regions: United States, European Union, Japan and China. Transcending national borders, the students will learn the similarities and differences in these four regions through reading and analyzing valuable primary sources of judicial opinions from the courts. The materials allow the students to identify how culture and traditions influence judges in crafting their opinions, in both common law and civil law countries.The book is organized in six units. Each unit begins with a concise summary of a doctrinal area of intellectual property law in each of the four regions, United States, European Union, Japan and China. Judicial opinions from a particular region follow the doctrinal summaries within each unit.https://insight.dickinsonlaw.psu.edu/fac-books/1008/thumbnail.jp
Bringing History Home: Strategies for the International Repatriation of Native American Cultural Property
No full textThe theft of Native American cultural items has been ongoing since Europeans began to colonize the Americas. As a result, millions of Native American artifacts are now located outside the borders of the United States. Native American tribes have long sought international repatriation—the return of these cultural objects to their tribal owners. Unfortunately, many countries have been unsupportive of repatriation attempts and Native Americans seeking the return of their cultural items face nearly insurmountable barriers in foreign courts. The U.S. government has a moral imperative to assist Native American tribes in these repatriation efforts. The debate over repatriation is defined by two competing philosophies: cultural nationalism and cultural internationalism. Cultural nationalism views cultural property as having a national characteristic and favors repatriation. Cultural internationalism is wary of repatriation, and views cultural property as part of a common human culture, regardless of the country of origin. Over the past 40 years, the tide has turned away from cultural internationalism, and various mechanisms for repatriation have been implemented. These mechanisms include international treaties, potential domestic legislation, and mutually beneficial repatriation agreements (“MBRAs”). While these mechanisms have strengths and weaknesses, this Comment argues that MBRAs are the best available mechanism to facilitate repatriation of Native American cultural items. This Comment further advocates for the U.S. government to assist Native American tribes in negotiating MBRAs with foreign nations and institutions in possession of Native American cultural items
Global Partnership Should Be the Way Forward to Combat Money Laundering
No full textThis Comment compares the major anti-money laundering (“AML”) laws in the United States and Iran. This Comment argues that even though the United States is advanced in its compliance approach, without a partnership with countries that are more vulnerable to money laundering attacks, its AML efforts could prove counter-productive because of the inter-connectedness of our world today. Accordingly, this Comment proposes a global partnership between countries with effective AML legislation and countries with less effective AML legislation to combat this complex crime
Deepfakes, Shallowfakes, and the Need for a Private Right of Action
No full textFor nearly as long as there have been photographs and videos, people have been editing and manipulating them to make them appear to be something they are not. Usually edited or manipulated photographs are relatively easy to detect, but those days are numbered. Technology has no morality; as it advances, so do the ways it can be misused. The lack of morality is no clearer than with deepfake technology.
People create deepfakes by inputting data sets, most often pictures or videos into a computer. A series of neural networks attempt to mimic the original data set until they are nearly indistinguishable. The result is an ability to create pictures and videos entirely from data points.
There are many positive uses for deepfakes, such as in education, entertainment, and business, but the potential for misuse is high. People can create pornographic images of others and make it appear as if they are performing sexual acts on video that they had not. Deepfakes such as these often target women and celebrities. People also use deepfakes to target politicians, which has deeper implications for democracy and the electoral process.
Unfortunately, the legal system is currently unequipped to handle the problems that deepfakes are causing. In response, many lawmakers and policy experts are calling for legislation to protect people from these dangers. These proposals range from technological preventative measures to legal remedies. Many people are calling for criminal liability for those engaging in malicious deepfake activities, but there has been reluctance towards enacting a civil remedy. Malicious deepfakes overwhelmingly are nonconsensual porn that target women. Currently the law in most jurisdictions offers little to no legal recourse for those who are targeted. Therefore, it is necessary that the federal government include a private right of action in any proposed deepfake legislation
The Writing’s on the Wall: Using Multimedia Presentation Principles from the Museum World to Improve Law School Pedagogy
No full textLaw school pedagogy is a relic. Nearly 150 years after Christopher Langdell pioneered the case method, the typical doctrinal course remains predominantly a verbal domain, featuring lectures, Socratic dialogue, and final exams. But the visual disconnect between legal education and legal practice does students a disservice. Under the proliferating influence of laptops, iPads, smartphones, and Zoom, students now read, work, and study electronically more than they ever have before. So instead of business as usual, it’s time to embrace “visualization”—using multimedia to enhance, or even supplant, the near-exclusive reliance on language—to build a more vibrant and inclusive learning environment.
Law schools should emulate museums. Having long understood the need to appeal to a diverse audience to convey an educational message, museums are old hands at leveraging the power of multimedia to teach visitors in an enjoyable, entertaining, equitable way.
This Article calls for professors to take cues from museums to curate students’ classroom experiences. By integrating five high-impact, low-friction strategies borrowed from the museum world, we can upgrade our classroom presentations and remove the barriers to entry long associated with hidebound, text-based law