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Full-Text Articles in Law
Dahl's Law Dictionary/Diccionario Juridico, Beverly May Carl
Dahl's Law Dictionary/Diccionario Juridico, Beverly May Carl
Fordham International Law Journal
This book review evaluates Henry S. Dahl’s Spanish/English law dictionary. Dahl's dictionary is so important for the conduct of transnational negotiations and the work of international lawyers that I strongly recommend its acquisition by all those operating in this field, as well as law libraries, embassies, and international divisions of major corporations. It acknowledges the impossibility of directly translating a legal term from one system into that of another. Explanations are given in English in the Spanish/English section and in Spanish in the English/Spanish section. Only one with Dahl's profound knowledge of these different legal systems could have undertaken this …
Deregulating Dual-Use Exports To Russia: Is U.S. National Security At Risk?, Rochelle M. Tarlowe
Deregulating Dual-Use Exports To Russia: Is U.S. National Security At Risk?, Rochelle M. Tarlowe
Fordham International Law Journal
This Note examines whether the current initiatives to deregulate export controls on computer and telecommunications to Russia pose threats to U.S. national security. Part I reviews the development of unilateral and multilateral controls that prevented the exportation of dual-use commodities to the former Soviet Union. Part II describes the current political and economic situation in Russia. Part II then discusses recent deregulation and pending legislation in the U.S. Congress that would further reduce the controls on computer and telecommunications exports to Russia. Part II also sets forth the arguments for and against deregulation. Part III argues that the instability in …
J.A.L. Sterling, Intellectual Property Rights In Sound Recordings, Film & Video, Silk Von Lewinski
J.A.L. Sterling, Intellectual Property Rights In Sound Recordings, Film & Video, Silk Von Lewinski
Fordham International Law Journal
On the whole, Intellectual Property and its First Supplement are highly valuable, particularly for those who must rely on quick and precise information in respect of a broad range of questions concerning the protection of sound recordings and films. International copyright law has become, during the past ten years, one of the most fascinating areas of international law. Although copyright has been of marginal interest to the general public for a long time, its inclusion in the GATT/TRIPs Agreement as well as the recent dispute between the United States and China has increased the general public awareness of the importance …
Human Rights In Theory And Practice: A Review Of On Human Rights, Ronald C. Slye
Human Rights In Theory And Practice: A Review Of On Human Rights, Ronald C. Slye
Fordham International Law Journal
One of the most important issues facing the international human rights movement is the claim that human rights values are universal and not culturally specific, and thus can be used to understand, evaluate, and influence global actors. This claim has obvious political and philosophical dimensions. That the concept of international human rights is being taken seriously by both governmental and nongovernmental actors is a sign of the importance of human rights today. The number of countries ratifying the basic international human rights treaties has reached an all-time high. Nevertheless, current events are drawing into question the universality and efficacy of …
Regulating Derivatives: Does Transnational Regulatory Cooperation Offer A Viable Alternative To Congressional Action?, Thomas C. Singher
Regulating Derivatives: Does Transnational Regulatory Cooperation Offer A Viable Alternative To Congressional Action?, Thomas C. Singher
Fordham International Law Journal
This note examines derivatives and derivatives related issues. In particular, it evalutates the costs and benefits of utilizing derivatives, explores the current debate over derivative regulation- both domestically and transnationally, and the role and effect of Congressional intervention in regualtion.
A Comparative Study Of U.S. And British Approaches To Discovery Conflicts: Achieving A Uniform System Of Extraterritorial Discovery, Daniela Levarda
A Comparative Study Of U.S. And British Approaches To Discovery Conflicts: Achieving A Uniform System Of Extraterritorial Discovery, Daniela Levarda
Fordham International Law Journal
This note examines the international efforts undertaken by nations collectively and individually to resolve extraterritorial discovery conflicts. Discussed are the international efforts to achieve uniform discovery international discovery standards. The U.S. and U.K. systems and their joint efforts to establish a set of legal tenets and norms to resolve costly extraterritorial discovery disputes.
The European Union Grows: The Constitutional Impact Of The Accession Of Austria, Finland And Sweden, Roger J. Goebel
The European Union Grows: The Constitutional Impact Of The Accession Of Austria, Finland And Sweden, Roger J. Goebel
Fordham International Law Journal
This Article is intended to describe the constitutional impact of the 1995 enlargement upon the European Union. The first section situates the 1995 enlargement in its historical context. The second section sets forth the institutional changes produced by the 1994 Act of Accession and side arrangements. Next, the Article analyzes the principle of the acquis communautaire. A fourth section describes the steps in the procedure leading to the enlargement. A final section is more speculative in character, reviewing the prospects of likely candidates for accession in the future and raising some of the institutional issues further enlargement would pose for …
Competition And State Aid Policy In The European Community, Frédéric Yves Jenny
Competition And State Aid Policy In The European Community, Frédéric Yves Jenny
Fordham International Law Journal
This article discusses the effect of European Community state aid policy on competition. First, the article defines and discusses the types of state aid under the Treaty Establishing the European Community. Second, the article analyzes the distortion of competition and effect on trade that state aids have. Third, the article discusses whether state aid qualifies for an exemption because it fulfills some other goal of the Treaty.
European Community Telecommunications Law And Investment Perspectives, Fernando Pombo
European Community Telecommunications Law And Investment Perspectives, Fernando Pombo
Fordham International Law Journal
This Article will present an overview of how the European Community (“Community” or “EC”) has initiated the liberalization process. It will also discuss the current state of the telecommunications industry in the various Member States, and how Telecommunications Organizations (“T.O.”) are adapting to the new regulatory environment.
American Depositary Receipts: An Overview, Joseph Velli
American Depositary Receipts: An Overview, Joseph Velli
Fordham International Law Journal
No abstract provided.
Welcoming Remarks, Constantine Katsoris
Welcoming Remarks, Constantine Katsoris
Fordham International Law Journal
No abstract provided.
Tax Issues In Cross-Border Securities Offerings, Matthew M. Mckenna
Tax Issues In Cross-Border Securities Offerings, Matthew M. Mckenna
Fordham International Law Journal
No abstract provided.
The Hesitant Privatization Of Lithuanian Land, William Valletta
The Hesitant Privatization Of Lithuanian Land, William Valletta
Fordham International Law Journal
Three years after Lithuania’s independence, the government and the Seimas are adopting fundamental laws and regulations that define the concepts of land ownership rights and land tenure and address the problems of real property administration and land use control. Their thinking has led to a progressive concept of land tenure in which owners' rights and responsibilities are carefully balanced in the fundamental law. Although it is too soon to tell whether, in practice, this balanced concept will lead to harmonious land relations and the efficient use of land, the experience of Lithuania is an important case study for analyzing the …
Ethan A. Nadelmann, Cops Across Borders: The Internationalization Of U.S. Criminal Law Enforcement, Richard A. Martin
Ethan A. Nadelmann, Cops Across Borders: The Internationalization Of U.S. Criminal Law Enforcement, Richard A. Martin
Fordham International Law Journal
This book review asserts that Cops Across Borders: The Internationalization of U.S. Criminal Law Enforcement ("Cops Across Borders") is the first book to attempt a systematic analysis of the role that the United States has played in the field of international law enforcement. For that reason, the book represents a major step forward in understanding this rapidly evolving area. While many people have examined different aspects of international law enforcement, such as extraterritorial jurisdiction, extradition, and international evidence gathering, not until this book has the entire field been subjected to historical and scholarly research. Mr. Nadelmann's book has forged a …
International Judicial Assistance: Does 28 U.S.C. § 1782 Contain An Implicit Discoverability Requirement, Peter Metis
International Judicial Assistance: Does 28 U.S.C. § 1782 Contain An Implicit Discoverability Requirement, Peter Metis
Fordham International Law Journal
This Note argues that the Second Circuit's interpretation of Section 1782 should become the standard throughout the federal courts because it applies proper canons of statutory interpretation, adheres to the U.S. Congress' intent to provide an efficient means of assistance to participants in non-U.S. tribunals, and encourages other nations to provide similarly broad discovery requests when U.S. litigants seek evidence located abroad. Part I discusses the development of judicial assistance statutes in the United States and sets forth the U.S. congressional intent behind the enactment of Section 1782. Part I also examines the provisions of the current statute governing international …
Welcoming Remarks, Donald Sharpe
Welcoming Remarks, Donald Sharpe
Fordham International Law Journal
No abstract provided.
Practical Company Experience In Entering U.S. Markets: Significant Issues And Hurdles From The Advisor's Perspective, Pat Mcconnell
Practical Company Experience In Entering U.S. Markets: Significant Issues And Hurdles From The Advisor's Perspective, Pat Mcconnell
Fordham International Law Journal
No abstract provided.
The Role Of Multilateral Financial Institutions In Bringing Developing Companies To U.S. Markets, Alain Soulard
The Role Of Multilateral Financial Institutions In Bringing Developing Companies To U.S. Markets, Alain Soulard
Fordham International Law Journal
No abstract provided.
Panel Ii Discussion, Panel Discussion
Panel Ii Discussion, Panel Discussion
Fordham International Law Journal
No abstract provided.
Gaining The Consent Of The Governed: A Prerequisite To Peace In Northern Ireland, Dick Spring
Gaining The Consent Of The Governed: A Prerequisite To Peace In Northern Ireland, Dick Spring
Fordham International Law Journal
This address asserts that in seeking to resolve the political dilemma of Northern Ireland, the lesson of the U.S. Constitution is particularly relevant. The root of the political conflict in Northern Ireland is that, unlike in America, no consensus exists as to fundamental constitutional principles or the idea that the source of political authority is legitimately derived from the “consent of the governed.” The author argues that there is little hope of accommodation between the unionist and nationalist communities as long as the symbols of sovereignty and the structures of government administration serve or express the partisan agenda of one …
State Aids Under European Community Competition Law, Claus-Dieter Ehlermann
State Aids Under European Community Competition Law, Claus-Dieter Ehlermann
Fordham International Law Journal
Part I of this Article describes the historical development of state aid in the European Community. Part II examines “public enterprises” and the need for transparency of state aid. Part III considers the future of regulating state aid in light of the European Economic Area (“EEA”) and the Europe Agreements concluded with the Central and East European Countries. Part IV proposes procedural guidelines with respect to the European Court of Justice, as well as the Commission's proposal of Council legislation under Article 94 of the Treaty Establishing the European Community (“EC Treaty”).
Preface: John Hume: The Architect Of Peace, Joseph P. Kennedy Ii
Preface: John Hume: The Architect Of Peace, Joseph P. Kennedy Ii
Fordham International Law Journal
This address discusses the work of John Hume who has spoken movingly of the dream of creating a new Ireland free from the divisions that had polarized the island for centuries - a country that would take to heart the motto inscribed on the Great Seal of the United States: "E Pluribus Unum." Throughout it all, John Hume has hewed to the principles that have guided his path for over three decades - that peace must be built on a foundation of respect for all. "The real division in Ireland is not the line in the map that we call …
Making Cyberspace Safe For Copyright: The Protection Of Electronic Works In A Protocol To The Berne Convention, Robert A. Cinque
Making Cyberspace Safe For Copyright: The Protection Of Electronic Works In A Protocol To The Berne Convention, Robert A. Cinque
Fordham International Law Journal
This Note discusses the prevalence of copywrited material on the internet, and the increasing access to said material. The Berne Convention is the leading international agreement to protect this type of material, though its reach and efficacy are limited. Provisions of the Convention are not stringently enforced. The Note explores the costs and benefits of enforcement, and potential protocols or policies to be adopted.
The Landmine Review Conference: Will The Revised Landmine Protocol Protect Civilians?, Paul J. Lightfoot
The Landmine Review Conference: Will The Revised Landmine Protocol Protect Civilians?, Paul J. Lightfoot
Fordham International Law Journal
This Comment analyzes the impact of landmine use on civilians, the effect of international law on landmine warfare, and the proposed changes to international law in response to the harm inflicted upon civilians. The Comment concludes that the United Nations Review Conference will not adopt a total ban on the production, use, transfer, and stockpiling of landmines, and therefore will fail in its efforts to protect civilians.
Overview Of U.S. Securiteis Markets And Foreign Issues, James R. Silkenat
Overview Of U.S. Securiteis Markets And Foreign Issues, James R. Silkenat
Fordham International Law Journal
No abstract provided.
The Attractions Of The U.S. Securities Markets To Foreign Issuers And The Alternative Methods Of Accessing The U.S. Markets: Froma Legal Perspective, Frode Jensen
Fordham International Law Journal
No abstract provided.
Accounting Issues In Cross-Border Securities Offerings, M. Elizabeth Rader
Accounting Issues In Cross-Border Securities Offerings, M. Elizabeth Rader
Fordham International Law Journal
No abstract provided.
Living With U.S. Regulations: Complying With The Rules And Avoiding Litigation, Roberta S. Karmel
Living With U.S. Regulations: Complying With The Rules And Avoiding Litigation, Roberta S. Karmel
Fordham International Law Journal
No abstract provided.
The United Nations: Reflections On Fifty Years, 1945-1995, Joseph C. Sweeney
The United Nations: Reflections On Fifty Years, 1945-1995, Joseph C. Sweeney
Fordham International Law Journal
Introduction in relation to the 50th anniversary of the United Nations.
Out In Left Field: Cuba's Post-Cold War Strikeout, Berta Esperanza Hernández Truyol
Out In Left Field: Cuba's Post-Cold War Strikeout, Berta Esperanza Hernández Truyol
Fordham International Law Journal
This Article studies the Cuban situation in four parts. First, it reviews whether Cuba actually fits basic expectations of "Third World country" status. As discussed in Part I, the figures of social and human development indicators, as well as economic development figures, reveal that Cuba does not match the definition neatly. Its health, education, and welfare figures rival those of industrial states. Economic development figures, however, paint a completely different picture. Economic considerations certainly permit labelling the island as a "developing country," particularly since the onset of the 1986 recession, as exacerbated by the demise of communism and Cuba's consequent …