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Articles 4831 - 4860 of 12914

Full-Text Articles in Law

Private Enforcement Of Commission Commitment Decisions: A Steep Climb Not A Gentle Stroll, John Davies, Manish Das Jan 2005

Private Enforcement Of Commission Commitment Decisions: A Steep Climb Not A Gentle Stroll, John Davies, Manish Das

Fordham International Law Journal

This Article examines the validity of the Commission's position on the private enforceability of commitment decisions in national courts in the European Union in light of the current state of European law and other important procedural and practical considerations for third parties wishing to bring enforcement proceedings. As will become apparent, national courts faced with an application for private enforcement will have to grapple with a series of challenging legal issues concerning the nature of commitment decisions. The first of these questions will concern whether a commitment decision, which is a Community measure, will be capable of enforcement by application …

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From Stockholm To New York, Via Rio And Johannesburg: Has The Environment Lost Its Way On The Global Agenda?, Paolo Galizzi Jan 2005

From Stockholm To New York, Via Rio And Johannesburg: Has The Environment Lost Its Way On The Global Agenda?, Paolo Galizzi

Fordham International Law Journal

This Article will examine the response of the international community to the compelling evidence on the environmental crisis facing our Planet. It will analyze the place of the environment in the international agenda from the early 1970s, when an international environmental agenda emerged, to the 2005 World Summit, where Heads of State and Government gathered to renew their commitment to the international agenda for the twenty-first century agreed at the Millennium Summit. More specifically, the Article will examine the "comprehensive" international environmental agenda that has emerged within the U.N.

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The Commission, The "Community Method," And The Smaller Member States, John Temple Lang, Eamonn Gallagher Jan 2005

The Commission, The "Community Method," And The Smaller Member States, John Temple Lang, Eamonn Gallagher

Fordham International Law Journal

This Article discusses several developments concerning the position of the Commission in the institutional structures of the European Union ("EU") that have occurred since then. It does not touch on the many other matters that influenced the debate on the draft Constitutional Treaty, leading to its failure at referendum in France and the Netherlands; these matters include the scope of the draft Treaty, questions concerning its economic, social, and political benefits or disadvantages, the working of the Stability Pact in the Eurozone and the ongoing debate on freedom of services legislation, the purposes for which the EU was originally created …

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Exhaustion Of Local Remedies In Alien Tort Litigation: Implications For International Human Rights Protection, Emeka Duruigbo Jan 2005

Exhaustion Of Local Remedies In Alien Tort Litigation: Implications For International Human Rights Protection, Emeka Duruigbo

Fordham International Law Journal

This Article looks at the scope and application of the local remedies rule in international law and the implications of its introduction in ATS litigation. As has been the case in the rule's introduction to human rights proceedings in other settings, its application in ATS litigation could mean additional work for the courts in fashioning the right way to interpret and apply the rule. For victims of human rights abuse who are seeking justice in the United States, it may not herald a lot of changes, although it could still make their quest a little more difficult. However, it could …

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Exporting Despair: The Human Rights Implications Of U.S. Restrictions On Foreign Health Care Funding In Kenya, Mehlika Hoodbhoy, Martin S. Flaherty, Tracy E. Higgins Jan 2005

Exporting Despair: The Human Rights Implications Of U.S. Restrictions On Foreign Health Care Funding In Kenya, Mehlika Hoodbhoy, Martin S. Flaherty, Tracy E. Higgins

Fordham International Law Journal

This Report culminates a year-long project undertaken by the Joseph R. Crowley Program in International Human Rights to study the impact of the Mexico City Policy in Kenya and to analyze the applicable international human rights standards. This Report sets out the findings and legal analysis that resulted. Following this Introduction and a cataloguing of our recommendations, Part I examines those international human rights obligations that the Mexico City Policy most obviously implicates. In Part II, the Report turns to the impact of the Mexico City Policy upon these rights in Kenya. Part III of this Report turns to the …

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Private International Law-Making For The Financial Markets, Caroline Bradley Jan 2005

Private International Law-Making For The Financial Markets, Caroline Bradley

Fordham International Law Journal

This Article argues that transnational financial transactions create new opportunities for private groups to influence legal and regulatory rules. Internationalization of the financial markets has led to harmonization of financial law. Much harmonization of financial law occurs through processes that are apparently public, state-centered, and transparent, but this Article describes three ways in which private and opaque processes have a significant influence on policy development in the area of financial law. These are private international law-making through private involvement in public rule-making processes, through contracting, and through the actions of private sector regulatory entrepreneurs.

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Economic Growth, Democracy, The Rule Of Law, And China's Future, Miron Mushkat, Roda Mushkat Jan 2005

Economic Growth, Democracy, The Rule Of Law, And China's Future, Miron Mushkat, Roda Mushkat

Fordham International Law Journal

China still relies predominantly on the “rule of man” (as distinct from the rule of law) and is by no means ready to embrace democracy. Its foreign policy stance has not been overly aggressive for some time but China may have not acted, at least consistently and unambiguously so, in a manner that reflects its size and status as a leading regional power. The rapid economic growth it has experienced--a pattern that should remain intact--might thus contribute toward internal relaxation and external moderation. Both the internal and external sides of the picture merit careful consideration. However, this Essay focuses, from …

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The Limits Of American Generosity, Raj Bhala Jan 2005

The Limits Of American Generosity, Raj Bhala

Fordham International Law Journal

This Article discusses generosity and its relevance in international trade law. Generosity, then - in international trade law - does matter, at least if a better world for the poor is imagined and if their world view is acknowledged. With good reason, many individual Americans - from the Great Plains of Kansas to the five boroughs of New York City - regard themselves as generous people. They give as private citizens, and through their favorite non-governmental organizations ("NGOs"), especially their churches, mosques, synagogues, and other houses of worship. Yet, from overseas, America is not perceived as a generous nation - …

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Wrong-Sizing International Justice? The Hybrid Tribunal In Sierra Leone, Chandra Lekha Sriram Jan 2005

Wrong-Sizing International Justice? The Hybrid Tribunal In Sierra Leone, Chandra Lekha Sriram

Fordham International Law Journal

Even as the International Criminal Court undertakes investigations in Uganda and the Democratic Republic of Congo, policymakers and academics continue to debate what the “right” tools to respond to past atrocities are. Naturally there are concerns that justice must be done, weighed against concerns that weak States will be destabilized by attempts at accountability. While many have celebrated the entry into force of the International Criminal Court Statute and the exercise of universal jurisdiction, the United States continues to challenge both of these tools of international justice as undemocratic and illegitimate. There are also reasons to be concerned that tools …

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Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Judicial Invocations Of Foreign And International Law, Donald J. Kochan Jan 2005

Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Judicial Invocations Of Foreign And International Law, Donald J. Kochan

Fordham International Law Journal

Part I of this Article presents the background regarding the invocation of foreign and international law in federal courts. It discusses their use as precedential and supportive sources of authority and as the bases for legal liability. Part II discusses the fundamental infirmities and dangers related to the invocation of international and foreign law in U.S. jurisprudence. Further, this Part discusses the implications of such behavior on sovereignty, the rule of law, democratic values, constitutional adherence, foreign policy, and development. In conclusion, this Article finds that adherence or even reference to foreign and international authorities should be avoided if the …

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Toward More Effective Judicial Implementation Of Treaty-Based Rights, John Quigley Jan 2005

Toward More Effective Judicial Implementation Of Treaty-Based Rights, John Quigley

Fordham International Law Journal

This Article argues that the approach to treaties taken early in the history of the Republic is more consistent with the intended meaning of the Supremacy Clause than the approach reflected in recent judicial practice.

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Constitutional Lessons From Europe, George A. Bermann Jan 2005

Constitutional Lessons From Europe, George A. Bermann

Fordham International Law Journal

All legal transplants are problematic, constitutional transplants especially so. And constitutional transplants for federal systems are among the most problematic of all. Still, especially in light of the apparent derailing of the EU's Draft Constitutional Treaty, the question of the relevance of EU constitution-making for constitution-making in federal-style systems elsewhere seems nothing less than compelling. Two problematic themes emerge most forcefully from the EU constitutional adventure just witnessed. One is the utter importance of a sense of identity, and the other is the profound challenge of satisfactorily organizing the processes of democratic participation.

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Judicial Review: Advice For The Deaf?, Laurence W. Gormley Jan 2005

Judicial Review: Advice For The Deaf?, Laurence W. Gormley

Fordham International Law Journal

This article examines the state of judicial protection in the European Community system largely against the background of the debate of recent years, and discusses critically the ostrich-like reaction of the Court to the chorus of criticism relating to its interpretation of the concept of “individual concern” in the fourth paragraph of Article 230 of the Treaty establishing the European Community (“EC Treaty”). It also examines the attempt in the Treaty establishing a Constitution for Europe to establish a different approach to admissibility in respect of some types of Community acts.

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Harmonization Of Legislation On Migrating Eu Citizens And Third Country Nationals: Towards A Uniform Evaluation Framework?, Piet Jan Slot, Mielle Bulterman Jan 2005

Harmonization Of Legislation On Migrating Eu Citizens And Third Country Nationals: Towards A Uniform Evaluation Framework?, Piet Jan Slot, Mielle Bulterman

Fordham International Law Journal

This Article will deal with the rights of European Union (“EU”) citizens and third country nationals. It first gives a brief overview of the classical doctrine of harmonization of legislation. This is followed by an analysis of the harmonization issues for rights of EU citizens (Part II) and third country nationals (Part III). Subsequently, harmonization methods are discussed (Part IV). Finally, it will attempt to sketch a framework for analysis (Part V).

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Citizenship Of The Union, Governance, And Equality, Robin C.A. White Jan 2005

Citizenship Of The Union, Governance, And Equality, Robin C.A. White

Fordham International Law Journal

This Article focuses on the effects of introduction of citizenship of the European Union (or “Union”) into the Treaty establishing the European Community (the “EC Treaty”) by the Maastricht Treaty. It has been accompanied by an explosion of writing on its significance for the development of the European Union. Some of this writing is critical; some questions whether Union citizenship can be a “genuine” citizenship or is rather an ill-judged attempt to create a European identity where none exists. It is not the writers alone who have examined citizenship; lawyers and the courts have also done so. The Court of …

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Revisiting Miranda After Avena: The Implications Of Mexico V. United States Of America For The Implementation Of The Vienna Convention On Consular Relations In The United States, Elizabeth Samson Jan 2005

Revisiting Miranda After Avena: The Implications Of Mexico V. United States Of America For The Implementation Of The Vienna Convention On Consular Relations In The United States, Elizabeth Samson

Fordham International Law Journal

This Article explores the tension between the limited power of the federal government to implement the ICJ's ruling and the authority of individual U.S. states to effect criminal justice, in consideration of the Vienna Convention and the requirements of the Avena decision. The application of international law within the U.S. federal system will be analyzed, in particular with respect to the Avena, LaGrand, and Breard cases. In view of those cases, the efficacy of remedies in the U.S. federal system for the correction of past violations as well as the prevention of future breaches of the Vienna Convention will be …

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The Simplification Of International Data Privacy Rules, Joel R. Reidenberg Jan 2005

The Simplification Of International Data Privacy Rules, Joel R. Reidenberg

Fordham International Law Journal

This Essay suggests that simplification will actually complicate data protection and will lead to unexpected burdens on industry along with an increase in the data surveillance of citizens. Part I begins with an examination of the global push for simplification. Part II addresses the opportunities for simplification through multiple instruments and some of the experiences with these instruments. Part III presents the obstacles to simplification. These obstacles illustrate fundamental problems with simplification. Part IV concludes with a proposal on “simplifying” technologies that calls for the development and increased use of privacy rights management technologies and technology audits to facilitate international …

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The Children Left Behind: Roma Access To Education In Contemporary Romania, Aram A. Schvey, Martin S. Flaherty, Tracy E. Higgins Jan 2005

The Children Left Behind: Roma Access To Education In Contemporary Romania, Aram A. Schvey, Martin S. Flaherty, Tracy E. Higgins

Fordham International Law Journal

This Report concludes a full-year project conducted by the Joseph R. Crowley Program in International Human Rights at the Fordham University School of Law. The 2004-2005 Crowley Fellow, Aram Schvey, taught a human-rights seminar on Roma Access to Education in Contemporary Romania. The course culminated in a two-week-long human-rights fact-finding mission to Romania that he organized. During the course of the mission, the students and faculty members traveled hundreds of miles across Romania and spoke to dozens of Roma and non-Roma students and parents, as well as teachers, principals, human rights advocates, government officials, and members of international organizations, such …

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Judicial Federalism In The Ecj's Berlusconi Case: Toward More Credible Corporate Governance And Financial Reporting Recent Development, Martin Gelter, Mathias M. Siems Jan 2005

Judicial Federalism In The Ecj's Berlusconi Case: Toward More Credible Corporate Governance And Financial Reporting Recent Development, Martin Gelter, Mathias M. Siems

Faculty Scholarship

In recent years, the general public in many countries has become increasingly aware of issues concerning business accounting and financial reporting. Americans hardly need to be reminded of the Enron debacle, where members of the company's senior management engaged in fraudulent off-balance sheet transactions to disguise the true state of the company's financial condition, a scheme that auditors failed to uncover until the company's implosion. This and other major corporate governance cases involving questionable or fraudulent accounting practices led to the Sarbanes-Oxley Act of 2002. This law was an unprecedented Congressional intervention into corporate governance, an arena that had previously …

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Judicial Regulation Of Excessive Punishments Through The Eighth Amendment, Youngjae Lee Jan 2005

Judicial Regulation Of Excessive Punishments Through The Eighth Amendment, Youngjae Lee

Faculty Scholarship

This article considers judicial regulation of excessive punishments through the Eighth Amendment.

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Tasini And Its Progeny: The New Exclusive Right Or Fair Use On The Electronic Publishing Frontier?, Lateef Mtima Dec 2004

Tasini And Its Progeny: The New Exclusive Right Or Fair Use On The Electronic Publishing Frontier?, Lateef Mtima

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Switzerland's Patent Law History , Dominique S. Ritter Dec 2004

Switzerland's Patent Law History , Dominique S. Ritter

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Human Rights And Copyright: The Introduction Of Natural Law Considerations Into American Copyright Law , Orit Fischman Afori Dec 2004

Human Rights And Copyright: The Introduction Of Natural Law Considerations Into American Copyright Law , Orit Fischman Afori

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Operation Blackbeard: Is Government Prioritization Enough To Deter Intellectual Property Criminals?, Lauren E. Abolsky Dec 2004

Operation Blackbeard: Is Government Prioritization Enough To Deter Intellectual Property Criminals?, Lauren E. Abolsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Impact Of Pro-Football Inc. V. Harjo On Trademark Protection Of Other Marks, Rachel Clark Hughey Dec 2004

The Impact Of Pro-Football Inc. V. Harjo On Trademark Protection Of Other Marks, Rachel Clark Hughey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Doing Their Jobs: An Argument For Greater Media Access To Settlement Agreements, Suzanna M. Meyers Dec 2004

Doing Their Jobs: An Argument For Greater Media Access To Settlement Agreements, Suzanna M. Meyers

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Presidential Succession Act Of 2004, United States. House Of Representatives Nov 2004

Presidential Succession Act Of 2004, United States. House Of Representatives

Proposed Presidential Succession Legislation

A proposed bill to modify the presidential succession list after the Secretary of Veterans Affairs. The list would include the Secretary of Homeland Security and selected U.S. Ambassadors.

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Presidential Succession Act: Hearing Before The Subcommittee On The Constitution Of The House Committee On The Judiciary, 108th Congress, Subcommittee On The Constitution; Committee On The Judiciary. House Of Representatives. United States. Oct 2004

Presidential Succession Act: Hearing Before The Subcommittee On The Constitution Of The House Committee On The Judiciary, 108th Congress, Subcommittee On The Constitution; Committee On The Judiciary. House Of Representatives. United States.

Congressional Materials

Examines the need for changes to the Presidential Succession Act which governs the transfer of power in the event that there is a simultaneous vacancy in the office of the presidency and the vice presidency.

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Are Decss T-Shirts Dirty Laundry? Wearable, Non-Executable Computer Code As Protected Speech, Sara Crasson Oct 2004

Are Decss T-Shirts Dirty Laundry? Wearable, Non-Executable Computer Code As Protected Speech, Sara Crasson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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How Do You Say “Big Media” In Spanish? Spanish-Language Media Regulation And The Implications Of The Univision-Hispanic Broadcasting Merger On The Public Interest, Nicole Serratore Oct 2004

How Do You Say “Big Media” In Spanish? Spanish-Language Media Regulation And The Implications Of The Univision-Hispanic Broadcasting Merger On The Public Interest, Nicole Serratore

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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