Law Commons^™

The International Review | 2007 Fall, Michael Rhee

The International Review Newsletter

The U.S. Supreme Court and Global Warming: National and International Implications

Hedge funds: In need of international regulation?

Universal jurisdiction: Prosecuting any crimes committed anywhere?

Is the WTO Providing More Access to Essential Medicines?

KORUS: A trade agreement binding the United States and Korea?

The Outsourcing of Torture: “Extraordinary rendition” still shrouded in secrecy

“Enforced disappearances” convention: A casualty of the war on terror?

A better definition for “crime of aggression”?

Food safety: Weaknesses abroad and at home

The world’s first publicly-held law firm: Opportunities and dilemmas

Ethiopia v. Starbucks: A brewing trademark dispute?

Hitting the pocketbooks of human rights …

A Dream Deferred, Lewis M. Steel '63

Articles and Writings

No abstract provided.

Evolution And The Holy Ghost Of Scopes: Can Science Lose The Next Round?, Stephen A. Newman

Articles & Chapters

No abstract provided.

The International Review | 2007 Spring, Michael Rhee

The International Review Newsletter

A New System of Law and Order in the “War on Terror”

Will the new national space policy lead to weapons in space?

Judgment at Baghdad: Justice served or a miscarriage of justice?

UN Peacekeeping: Possible adjustments in the face of continuing limitations?

Federal Internet gambling ban: A bluff or ace in the hole?

Cybercrime Convention: A threat to criminals and individual privacy?

International Criminal Court: The First Case

Double jeopardy facing jeopardy in England?

Taxation without representation in the nation’s capital

Global Counter-Terrorism Strategy

Terrorist and legal blacklist?

Is the Human Rights Council breaking with its past?

Does membership …

Moving Beyond Strict Scrutiny: The Need For A More Nuanced Standard Of Protection Analysis For K Through 12 Integration Programs, Deborah N. Archer

Articles & Chapters

In Comfort v. Lynn School Committee, the United States Court of Appeals for the First Circuit evaluated a race-conscious student assignment program using the affirmative action strict scrutiny framework of Grutter v. Bollinger. Comfort is part of a trend of applying strict scrutiny to race-conscious integration programs that has gained new momentum following the decision in Grutter. Invited by the Supreme Court's seemingly unequivocal language in Adarand Constructors v. Pena, that "all racial classifications, imposed by whatever federal, state, or local governmental actor, must be analyzed by a reviewing court under strict scrutiny," federal district and appellate courts confronted with …

Ibeto Petrochemical Industries Ltd V. M/T Beffen, 475 F. 3d 56 - Court Of Appeals, 2nd Circuit 2007, Roger J. Miner '56

Circuit Court Opinions

Plaintiff-Counter-Defendant-Appellant Ibeto Petrochemical Industries Limited ("Ibeto") appeals from an Order entered in the United States District Court for the Southern District of New York (Scheindlin, J.) in an action arising out of the contamination by seawater of a shipment of oil being carried by motor tanker. The Order granted the motions of Defendant-Appellee M/T Beffen, Her Engines, Tackles, Boiler, etc. (in rem) ("the Beffen") and Defendant-Counter-Claimant-Appellee Bryggen Shipping and Trading A/S (in personam) ("Bryggen") (collectively "defendants") to stay this action, to compel arbitration, and to enjoin an action pending in Nigeria. The Order also denied Ibeto's motion for voluntary …

A Necessary And Proper Role For Federal Courts In Prison Reform: The Benjamin V. Malcolm Consentdecrees, Harold Baer Jr., Arminda Bepko

NYLS Law Review

No abstract provided.

Fostering Creativity In Virtual Worlds: Easing The Restrictiveness Of Copyright For User-Created Content, Todd David Marcus

NYLS Law Review

No abstract provided.

Guiry V. Goldman, Sachs & Co., Adam B. Hahn

NYLS Law Review

No abstract provided.

In Re Simone D., Erin E. Martin

NYLS Law Review

No abstract provided.

Duty To Fill? Threats To Pharmacists’ Professional And Business Discretion, Erica L. Norey

NYLS Law Review

No abstract provided.

Rocks, Hard Places, And Unconventional Domestic Violence Victims: Expanding Availability Of Civil Orders Of Protection In New York, Sarah E. Warne

NYLS Law Review

No abstract provided.

Zaranska V. U.S. Department Of Homeland Security, Bethany L. Ow

NYLS Law Review

No abstract provided.

Lincoln And Chief Justice Taney: Slavery, Secession, And The President's War Powers, James F. Simon

Books

The clashes between President Abraham Lincoln and Chief Justice Roger B. Taney over slavery, secession, and the president's constitutional war powers went to the heart of Lincoln's presidency. James Simon, author of the acclaimed What Kind of Nation, brings to vivid life the passionate struggle during the worst crisis in the nation's history, the Civil War. The issues that underlaid that crisis -- race, states' rights, and the president's wartime authority -- resonate today in the nation's political debate.

Book Review Of Amada Seligman’S “Block By Block: Neighborhoods And Public Policy On Chicago's West Side”, Richard H. Chused

Other Publications

No abstract provided.

Resolving The Intergenerational Conflicts In Real Property Law: Preserving Free Markets And Personal Autonomy For Future Generations, Gerald Korngold

Articles & Chapters

No abstract provided.

Endless Emergency: The Case Of Egypt, Sadiq Reza

Articles & Chapters

The Arab Republic of Egypt has been in a declared state of emergency continuously since 1981 and for all but three of the past fifty years. Emergency powers, military courts, and other exceptional powers are governed by longstanding statutes in Egypt and authorized by the constitution, and their use is a prominent feature ofeveryday rule there today. This essay presents Egypt as a case study in what is essentially permanent governance by emergency rule and other exceptional measures. It summarizes the history and framework ofemergency rule in Egypt, discusses the apparent purposes and consequences of that rule, mentions judicial limitations …

The Challenge Of Hedge Fund Regulation, Houman B. Shadab

Articles & Chapters

Currently en vogue concerns about hedge funds are not nearly as substantial as is often claimed. Moreover, the funds themselves are reducing their risks to investors and the broader markets, in accordance with investor demands. As hedge funds benefit the broader market by mitigating price downturns, bearing risks that others will not, making securities more liquid, and ferreting out inefficiencies, policymakers should consider whether stricter regulation of hedge funds could do more harm than good.

The Rule Of Law And The Military Commission, Stephen J. Ellmann

Articles & Chapters

This essay examines the underlying foundations of the Supreme Court's decision in Hamdan v. Rumsfeld. After laying out many of the features of the conflicting positions taken by the majority and dissents in the case, the article argues that the majority's judgment was by no means determined by the plain meaning of the statutory provisions at issue, nor even by the Steel Seizure framework of overlapping zones of executive and legislative power. Instead, three factors deserve special emphasis. The first is the Court's effort to protect, and catalyze, Congressional authority. The second is the Court's understanding of its own role …

The Modern-Day Poll Tax: How Economic Sanctions Block Access To The Polls, Erika L. Wood, Neema Trivedi

Articles & Chapters

No abstract provided.

2 Anti-Gay 1st Amendment Losses, Arthur S. Leonard

Other Publications

No abstract provided.

Compulsory Licensing Vs. Private Negotiations In Peer-To-Peer File Sharing, Michael Botein, Edward Samuels

Articles & Chapters

No abstract provided.

International Human Rights And Comparative Mental Disability Law: The Universal Factors, Michael L. Perlin

Articles & Chapters

An examination of comparative mental disability law reveals that there are at least five dominant, universal, core factors that must be considered carefully in any evaluation of the key question of whether international human rights standards have been violated. Each of these five factors is a reflection of the shame that the worldwide state of mental disability law brings to all of us who work in this field. Each is tainted by the pervasive corruption of sanism that permeates all of mental disability law. Each reflects a blinding pretextuality that contaminates legal practice in this area.

These are the factors …

Precedent, Super-Precedent, Michael B.W. Sinclair

Articles & Chapters

No abstract provided.

Democracy Stops At My Front Door: Obstacles To Gender Equality In South Africa, Penelope Andrews

Articles & Chapters

In South Africa, post-apartheid legislation promulgated in pursuit of the constitutional commitment to equality demonstrates that the government, at least at the formal level, is committed to a comprehensive democratic framework that promotes such equality. Statutes such as the Promotion of Equality and the Prevention of Unfair Discrimination Act, the Prevention of Domestic Violence Act, and the Black Empowerment Act amongst others, attest to the commitment of such a vision. In addition, statutes such as the Recognition of Customary Marriages Act, that purport to protect women in polygamous African customary unions, suggest that the South African Parliament is deeply committed …

The Higher Cost Of Being African-American Or Latino: Subprime Home Mortgage Lending In New York City, 2004-2005, Richard D. Marsico

Articles & Chapters

The recent turmoil in the financial markets caused by rising default rates on subprime residential home mortgages should not obscure that several studies have shown that African-Americans, Latinos, and residents of predominantly minority neighborhoods receive a disproportionately high percentage of subprime loans. The subprime lending crisis should also not obscure the fact that they have also received a disproportionately low percentage of all home mortgage loans.

This report uses data made public pursuant to the Home Mortgage Disclosure Act (HMDA) to examine home mortgage lending in New York City in 2004 and 2005 to determine whether African-Americans, Latinos, and residents …

Foreward, Faith Stevelman

NYLS Law Review

No abstract provided.

Sarbanes-Oxley: The Delaware Perspective, Chief Justice Myron T. Steele

NYLS Law Review

No abstract provided.

A Social Defense Of Sarbanes-Oxley, James Fanto

NYLS Law Review

No abstract provided.

Two Goals For Executive Compensation Reform, Brett H. Mcdonnell

NYLS Law Review

No abstract provided.