Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 80
Full-Text Articles in Law
The Right To Strike As Customary International Law, James J. Brudney
The Right To Strike As Customary International Law, James J. Brudney
Faculty Scholarship
No abstract provided.
Mestizaje/Mesticagem: Racism & Citizenship In Latin America, Tanya Hernandez, Yuko Miki, Nitza Escalera
Mestizaje/Mesticagem: Racism & Citizenship In Latin America, Tanya Hernandez, Yuko Miki, Nitza Escalera
Posters
Maloney Library lecture series, Behind the Book
International White Collar Crime And The Globalization Of Internal Investigations, Lucian E. Dervan
International White Collar Crime And The Globalization Of Internal Investigations, Lucian E. Dervan
Fordham Urban Law Journal
Much has been written about the methods by which counsel may efficiently, thoroughly, and credibly conduct internal investigations. Given the globalization of such matters, however, this Article seeks to focus on the challenges present when conducting an internal investigation of potential international white-collar criminal activity. In Part I, this Article will examine the challenges of selecting counsel to perform internal investigations abroad. In particular, consideration will be given to global standards regarding the application of the attorney-client privilege and work product protections. In Part II, this Article will discuss the influence of data privacy and protection laws in various countries …
Bringing In A New Scale: Proposing A Global Metric Of Internet Censorship, Philip Chwee
Bringing In A New Scale: Proposing A Global Metric Of Internet Censorship, Philip Chwee
Fordham International Law Journal
Part I of this Note provides an overview of Internet censorship and international law, including the different approaches and theories behind Internet censorship. Part I.A discusses the development of the ICCPR and its application to the Internet. Next, Part I.B-D provides an in-depth overview of the Internet censorship models of three different countries: the United States, the United Kingdom, and China. Part II examines each country’s Internet censorship model under Article 19 of the ICCPR, considering Article 19(3)’s three-part test and requirements established by recent UN reports interpreting them. The analysis will also examine each country’s copyright laws under Article …
The Effect Of The United Nations Convention Against Torture On The Scope Of Habeas Review In The Context Of International Extradition, Evan King
Fordham International Law Journal
This Note considers the law underlying the question addressed in Trinidad: can habeas courts review an extraditee’s Article Three claims? In turn, this Note considers how courts should interpret the CAT in the extradition context. Part I explores the important conceptual components of the question posed in Trinidad,including US extradition practice, habeas petitions in extradition proceedings, and the CAT’s implementation in the United States. Building on this, Part II examines competing interpretations of Article Three claims in US courts, highlighting how these claims touch on much deeper issues that remain unsettled by several hundred years of habeas corpus jurisprudence. Finally, …
Worst Decision Of The Eu Court Of Justice: The Alrosa Judgment In Context And The Future Of Commitment Decisions, Frederic Jenny
Worst Decision Of The Eu Court Of Justice: The Alrosa Judgment In Context And The Future Of Commitment Decisions, Frederic Jenny
Fordham International Law Journal
This Article details the evolution of the commitment decisions, analyzes the logic and the consequences of the Alrosa Court judgment, and offers some suggestions on how to establish a better equilibrium between the legitimate objective of promoting the effectiveness of the Commission by allowing it enough flexibility to end cases when competition could be restored rapidly and without major expense thanks to the cooperation of investigated firms, while respecting the necessity to ensure that the effectiveness of enforcement remains compatible with three goals: developing a robust competition law jurisprudence to ensure legal predictability, particularly in abuse of dominance cases; ensuring …
Ending Female Genital Mutilation & Child Marriage In Tanzania, Lisa Avalos, Naima Farrell, Rebecca Stellato, Marc Werner
Ending Female Genital Mutilation & Child Marriage In Tanzania, Lisa Avalos, Naima Farrell, Rebecca Stellato, Marc Werner
Fordham International Law Journal
This Article analyzes the current practices of FGM and child marriage in Tanzania and makes a number of recommendations for eliminating these severe human rights violations. Part I identifies the relevant forms of gender-based violence and discusses how they are practiced and related. Part II addresses applicable international and domestic legal authority, identifying potential gaps in domestic legal protection for young girls. Part III proposes several promising legal and policy strategies, both international and domestic, to reduce the practices of child marriage and FGM in Tanzania. Ultimately, some or all of these measures must be implemented to help bring an …
Eu External Relations: Exclusive Competence Revisited, Allan Rosas
Eu External Relations: Exclusive Competence Revisited, Allan Rosas
Fordham International Law Journal
This Article will focus on the question of exclusive competence in the field of EU external relations, especially in the light of recent developments. After a brief discussion on the origins and development of exclusive competence, a distinction will be made between common commercial policy, which has traditionally been the most important area of an explicit “a priori” exclusive competence, and what is often called an implicit exclusive competence, which, as it is today based on some general criteria enshrined in TFEU Article 3(2), may be called “supervening” exclusive competence. With regard to both categories, the main focus will be …
An International Legal Framework For Se4all: Human Rights And Sustainable Development Law Imperatives, Thoko Kaime, Robert L. Glicksman
An International Legal Framework For Se4all: Human Rights And Sustainable Development Law Imperatives, Thoko Kaime, Robert L. Glicksman
Fordham International Law Journal
This Article examines the genesis and context of SE4All, placing the effort within both its historical and international policy contexts. It highlights the voluntary nature of the initiative and argues that its effective implementation and the achievement of its goals require the articulation of an applicable international legal framework that aids the transformation of SE4All’s policy actions into binding international legal commitments. The article contends that such a transformation does not depend on the creation of entirely new legal rules or institutions. Instead, an effective framework for successful implementation of SE4All can be derived from existing rules of international human …
"One Exam Determines One's Life": The 2014 Reforms To The Chinese National College Entrance Exam, Amy Burkhoff
"One Exam Determines One's Life": The 2014 Reforms To The Chinese National College Entrance Exam, Amy Burkhoff
Fordham International Law Journal
This Note first outlines the history of the hukou system in China before and after the major economic reform of 1978. Second, this Note outlines the specific institutional barriers that migrant children face when accessing compulsory, secondary, and tertiary education, with a specific focus on the hukou system. Third, this Note analyzes the goals and content of China’s State Council’s opinion released on September 4, 2014 suggesting a reform to the gaokao system intended to alleviate the institutional barriers to education. Finally, this Note argues that first, the State Council’s suggested reform directly addresses only one of the multiple institutional …
When Is Cross-Border Insolvency Recognition Manifestly Contrary To Public Policy, Michael A. Garza
When Is Cross-Border Insolvency Recognition Manifestly Contrary To Public Policy, Michael A. Garza
Fordham International Law Journal
This Comment argues that the Public Policy Exception of Chapter 15 should be invoked only as a last resort and that, going forward, courts should engage in an analysis of § 1506 only when no other provision in Chapter 15 supports a decision to deny relief. To promulgate this argument and to clarify the public policy exception under the Model Law and Chapter 15, this Comment proceeds in three parts. First, Part I examines various public policy exceptions found in the law, including Article 6 of UNCITRAL’s Model Law on Cross-Border Insolvency, nations adopting Article 6 of the Model Law …
"Europe Isn't Working In Europe": Reform And Modernisation Of The European Welfare State In The Wake Of The Economic Crisis, Erika Szyszczak
"Europe Isn't Working In Europe": Reform And Modernisation Of The European Welfare State In The Wake Of The Economic Crisis, Erika Szyszczak
Fordham International Law Journal
The first section analyses the European commitment to a welfare state in the light of the creation of an Internal Market and the economic crisis. The second section addresses how the EU has set about the reform and modernisation of public finances in response to the economic crisis. The third part analyses how the EU is balancing a modernisation agenda of reforming public services with a tougher agenda on reforming public finances. This section is followed by a specific case study of the modernisation of the procurement and financing of public services.
Civil Society Contributions To Inclusive Climate Cooperation, Elizabeth Burleson
Civil Society Contributions To Inclusive Climate Cooperation, Elizabeth Burleson
Fordham International Law Journal
Engagement among States and decentralized, creative problem solvers can enhance the requisite cooperation to pick up the pace of solution implementation to match the rate of climate change. Global organizing capability, information sharing and innovation have enmeshed governments and civil society into new governance relationships. Technology has facilitated this process for many, but the hardware and software that has led to social networking is only a fraction of the story of dynamic, inclusive cooperation. Citizen sector actors hold both destructive and constructive capacity exceeding that of any previous era. While many remain overwhelmed by the scope of climate instability, members …
Filling The Gaps In Canada's Climate Change Strategy: "All Litigation, All The Time…"?, Cameron Jefferies
Filling The Gaps In Canada's Climate Change Strategy: "All Litigation, All The Time…"?, Cameron Jefferies
Fordham International Law Journal
This Article is organized into five parts. Part I situates Canada’s climate change experience. In Part II, Canada’s regulatory response to climate change and its gaps are positioned within a troubling ongoing federal retreat from the environmental arena that seems to favor resource extraction and export. Parts III to V discuss the possibility for increased human rights-based climate litigation in the Canadian context—even in light of past failures—and consider an emerging public law approach. The Article concludes by commenting on the prospect of the climate change problem playing out in Canadian courts.
The (Inter)Natioanl Strategy: An Ivory Trade Ban In The United States And China, Morgan V. Manley
The (Inter)Natioanl Strategy: An Ivory Trade Ban In The United States And China, Morgan V. Manley
Fordham International Law Journal
This Note argues that a near-complete ban in ivory trade not only raises difficult domestic legal issues, but also does little to stop elephant poaching in Africa. Further, enacting a similar ban in China is not only unrealistic, but also would increase the illegal trade and, therefore, the slaughter of elephants in Africa. Part I explains the history of illegal ivory trade and describes the current legal environments in the United States and China. Part II presents the domestic legal and policy implications of an ivory ban, and analyzes the potential difficulties with implementing a similar ban in China. Part …
Caultron Of Unwisdom: The Legislative Offensive On Insidious Foreign Influence In The Third Term Of President Vladimir V. Putin, And Iccpr Recourse For Affect Civil Advocates, Thomas M. Callahan
Caultron Of Unwisdom: The Legislative Offensive On Insidious Foreign Influence In The Third Term Of President Vladimir V. Putin, And Iccpr Recourse For Affect Civil Advocates, Thomas M. Callahan
Fordham International Law Journal
Part I discusses Russian and international statutory law. It briefly outlines the structure of the government of the Russian Federation and discusses relevant articles of its Constitution. It then illustrates the legislative trend in question by discussing select legislation passed and proposed during President Putin’s third term that seeks to restrict non-Russian influence in Russian society. Part I closes with a discussion of Russia’s international human rights obligations, and the international redress available to Russian nationals affected by the laws in question. Part II considers the practical application of the laws discussed in Part I. This includes an examination of …
The Crisis Response In Europe's Economic And Monetary Union: Overview Of Legal Developments, René Smits
The Crisis Response In Europe's Economic And Monetary Union: Overview Of Legal Developments, René Smits
Fordham International Law Journal
Writing about developments in Europe’s Economic and Monetary Union (“EMU”) at this juncture in time is a bold endeavour and a hazardous undertaking. ‘Bold’ because the developments are manifold, highly technical in nature and deeply contested among the players and the public—between Greeks and Germans, between mainstream political parties and (emerging) parties taking a different view, and between politicians and the electorate. ‘Hazardous’ as developments go so fast that these lines shall be partially outdated the moment they appear in published form. And yet, there is a need to explore and explain. That’s what this contribution seeks to do: to …
Beyond Self-Judgment: Exceptions Clauses In Us Bits, Catherine
Beyond Self-Judgment: Exceptions Clauses In Us Bits, Catherine
Fordham International Law Journal
No abstract provided.
On The Public-Law Character Of Competition Law: A Lesson From Asian Capitalism, Michael W. Dowdle
On The Public-Law Character Of Competition Law: A Lesson From Asian Capitalism, Michael W. Dowdle
Fordham International Law Journal
No abstract provided.
The Living-Dead, Rivka Weill
Making The Case For Antiestablishmentarianism: The Church And State In Norway, Julia L. Ernst
Making The Case For Antiestablishmentarianism: The Church And State In Norway, Julia L. Ernst
Fordham International Law Journal
No abstract provided.
How Domestic Courts Use International Law, Wayne Sandholtz
How Domestic Courts Use International Law, Wayne Sandholtz
Fordham International Law Journal
No abstract provided.
How Italian Colors Guts Private Antitrust Enforcement By Replacing It With Ineffective Forms Of Arbitration, Einer Elhauge
How Italian Colors Guts Private Antitrust Enforcement By Replacing It With Ineffective Forms Of Arbitration, Einer Elhauge
Fordham International Law Journal
The United States is becoming more like Europe, and not in a good way. For a long time, the central difference between antitrust enforcement in the United States and Europe has been that the United States features not only public enforcement, but a vigorous system of private antitrust enforcement, while in Europe, public agencies have had an effective monopoly on antitrust enforcement. But that difference is on the verge of collapsing. We are achieving a form of convergence; but contrary to expectations, this convergence is not coming from recent European efforts to facilitate private enforcement, which have not yet overcome …
Private Parties And The Free Movement Of Goods: Responsible, Irresponsible, Or A Lack Of Principles?, Laurence W. Gormley
Private Parties And The Free Movement Of Goods: Responsible, Irresponsible, Or A Lack Of Principles?, Laurence W. Gormley
Fordham International Law Journal
Whether the free movement of goods provisions in EU law apply to the acts of private parties has long been the subject of discussion in the literature, although for many years the discussion was rather inactive. However, because of developments in the case-law of the European Court of Justice on the other freedoms, the question of the extent to which actions of private parties are caught has become of particular interest. This Article addresses this debate and seeks to offer some guidance towards its resolution.
Eu Fundamental Rights And Member State Action After Lisbon: Putting The Ecj's Case Law In Its Context, Bernhard Schima
Eu Fundamental Rights And Member State Action After Lisbon: Putting The Ecj's Case Law In Its Context, Bernhard Schima
Fordham International Law Journal
Early in 2013, the Court of Justice of the European Union (“ECJ”) handed down two judgments on the same day which might contain the blueprint for the fundamental rights architecture of the European Union (“EU”) for years to come. Much has already been written about those judgments, and it appears appropriate at this time to evaluate their impact in light of their reception and subsequent developments of the case law. To that effect, this contribution will provide some elements of background before briefly presenting the two cases, commenting on their legal solidity, and recalling how they have been received. It …
Moving Forward The Un Guiding Principles For Business And Human Rights: Between Enterprise Social Norm, State Domestic Legal Orders, And The Treaty Law That Might Bind Them All, Larry Catá Backer
Fordham International Law Journal
No abstract provided.
Balancing “Aggression” And Compassion In International Law: The Crime Of Aggression And Humanitarian Intervention, Alexander H. Mccabe
Balancing “Aggression” And Compassion In International Law: The Crime Of Aggression And Humanitarian Intervention, Alexander H. Mccabe
Fordham Law Review
There is a problematic overlap between bona fide humanitarian intervention and the crime of aggression. Under international law, the crime of aggression is defined so vaguely that it potentially could be applied to try leaders who seek to stop documented mass atrocities with armed force. This Note seeks a resolution to that overlap: a path that would allow those who would plan and engage in bona fide humanitarian intervention to be exempt from prosecution for aggression. The Note first examines the genealogy of the crime of aggression. It then analyzes several possible solutions to policing aggression without unduly deterring humanitarian …
South Africa's Constitutional Jurisprudence And The Path To Democracy: An Annotated Interview With Dikgang Moseneke, Acting Chief Justice Of The Constitutional Court Of South Africa, Conor Colasurdo, Rebecca Marlin
South Africa's Constitutional Jurisprudence And The Path To Democracy: An Annotated Interview With Dikgang Moseneke, Acting Chief Justice Of The Constitutional Court Of South Africa, Conor Colasurdo, Rebecca Marlin
Fordham International Law Journal
No abstract provided.
To Judge Or Not To Judge: A Comparative Analysis Of Islamic Jurisprudential Approaches To Female Judges In The Muslim World (Indonesia, Egypt And Iran), Engy Abdelkader
To Judge Or Not To Judge: A Comparative Analysis Of Islamic Jurisprudential Approaches To Female Judges In The Muslim World (Indonesia, Egypt And Iran), Engy Abdelkader
Fordham International Law Journal
No abstract provided.
Narrowed Constellations In A Supranational Climate Change Regime Complex: The "Magic Number" Is Four, Myanna Dellinger
Narrowed Constellations In A Supranational Climate Change Regime Complex: The "Magic Number" Is Four, Myanna Dellinger
Fordham International Law Journal
No abstract provided.