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Pragmatic Conceptualism, Benjamin C. Zipursky Jan 2000

Pragmatic Conceptualism, Benjamin C. Zipursky

Faculty Scholarship

No abstract provided.

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The Wto From The Perspective Of A Developing Country, Ambassador Celso L.N. Amorim Jan 2000

The Wto From The Perspective Of A Developing Country, Ambassador Celso L.N. Amorim

Fordham International Law Journal

This Essay starts by laying out the shortcomings of the WTO. In Part II it lays out the issues at stake in the Seattle Conference. Part III is about the effects of the "Seattle fiasco." Part IV gives the author's views on what a development round should be. Part V asserts that the WTO should promote fair labor standards. Finally, Part VI discusses the prospects for the WTO to address concerns of developing nations.

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The Wto: A Train Wreck In Progress?, Willam A. Lovett Jan 2000

The Wto: A Train Wreck In Progress?, Willam A. Lovett

Fordham International Law Journal

This article argues that the WTO entrenches an asymmetrical, non-reciprocal trading system that benefits multi-national corporations especially, at the expense of industrial workers, farmers, and a wide range of business enterprises. It argues that the WTO doesn't deserve to survive in its present, unbalanced, and unsustainable form, and that it is doubtful that its voting regime, accumulated asymmetries, and overall rigidity can be overhauled. The author posits that bilateral and regional trade bargaining will become increasingly important and that world market forces are likely to bypass, and perhaps overwhelm, the WTO.

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The Wto As A Legal System, David Palmeter Jan 2000

The Wto As A Legal System, David Palmeter

Fordham International Law Journal

Part I describes Hart's view of the primary and secondary rules that are necessary for the existence of a modern legal system. Part II examines his view of international law, as resembling a primitive legal system. Part III evaluates the GATT legal system according to Hart's criteria for a modern legal system, while Part IV will do the same for the World Trade Organization (“WTO”). Part V will conclude with an evaluation of the WTO legal system.

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International Trade As A Vector In Domestic Regulatory Reform: Discrimination, Cost-Benefit Analysis, And Negotiations, Joel P. Trachtman Jan 2000

International Trade As A Vector In Domestic Regulatory Reform: Discrimination, Cost-Benefit Analysis, And Negotiations, Joel P. Trachtman

Fordham International Law Journal

This brief Essay summarizes, updates, and integrates work I have done elsewhere in order to suggest, first, why cost-benefit analysis is not used in dispute settlement, second, how to evaluate substitute formulae that are available for use within dispute settlement, and finally, how dispute settlement and treaty-making relate to one another in this field. This Essay considers the role of international discipline by dispute resolution bodies, in comparison to multilateral treaty-making or other legislation. Treaty-making or other legislation may take the form of harmonization to one degree or another, or importantly, may take the form of agreed rules of prescriptive …

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Opportunities In The Wto For Increased Liberalization Of Goods: Making Sure The Rules Work For All And That Special Needs Are Addressed, Terrence P. Stewart, Patrick J. Mcdonough, Marta M. Prado Jan 2000

Opportunities In The Wto For Increased Liberalization Of Goods: Making Sure The Rules Work For All And That Special Needs Are Addressed, Terrence P. Stewart, Patrick J. Mcdonough, Marta M. Prado

Fordham International Law Journal

Different governments focus on different parts of the existing World Trade Organization rules as posing opportunities for their producers to expand trade if the rules were relaxed or eliminated. While this may be understandable, it is the premise of this Essay that such an approach, if pursued, would result in slower trade liberalization, not increased liberalization, as those segments of industry perceiving that the existing equilibrium is not to their advantage are given no options other than to oppose further liberalization. When, as in agriculture, domestic politics can threaten the survival of governments, liberalization without strong rules can only be …

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Compensating Victims Of Aviation Disasters: Establishing Uniform And Equitable Remedies For Accidents Over Water, Melissa Pucciarelli Jan 2000

Compensating Victims Of Aviation Disasters: Establishing Uniform And Equitable Remedies For Accidents Over Water, Melissa Pucciarelli

Fordham International Law Journal

This Comment tracks the development U.S. law, and international  law, as it pertains to aviation crashes off the coast of the United States. Part I of this Comment details the vehicles for providing relief to the families of victims killed in aviation disasters. U.S. federal statutes, international agreements, maritime common law, and U.S. state law, depending on the circumstances, now may apply to actions for the recovery of damages for wrongful death. Part II discusses the recent initiatives proposed by the U.S. Senate and the U.S. House of Representatives to provide equitable treatment to the families of disaster victims. This …

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International Project Finance And Arbitration With Public Sector Entities: When Is Arbitrability A Fiction?, Mark Kantor Jan 2000

International Project Finance And Arbitration With Public Sector Entities: When Is Arbitrability A Fiction?, Mark Kantor

Fordham International Law Journal

This article reviews the events surrounding two prominent arbitration decisions related to two Indonesia geothermal power projects sponsored by CalEnergy Company, Inc. ("CalEnergy"), known as the Patuha and Himpurna projects, and a Pakistani power project developed by the Hub Power Company, Ltd. ("HubCo"). The aggressive involvement of local courts in the CalEnergy and HubCo proceedings does not reassure investors relying on the perceived neutrality of international arbitral institutions to mitigate the risk of uncertain justice in unstable countries. The author asks: Are problems between State entities in troubled developing countries and international project sponsors simply not arbitrable as a practical …

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Privatizing Water Systems: A Primer, Robert Vitale Jan 2000

Privatizing Water Systems: A Primer, Robert Vitale

Fordham International Law Journal

This Essay will discuss the reasons behind the trend of privatizing water systems, explain the basic concepts involved in privatizing water systems, and assess the benefits and challenges of privatization. The private sector has long played an active role in helping governments design, finance, construct, operate, and maintain potable and waste water systems. The 1990s, however, were witness to a dramatic rise in the use of the private sector to supplant--and not merely supplement--the public sector in the water area.

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Interpreting International Trade Statutes: Is The Charming Betsy Sinking?, Jane A. Restani, Ira Bloom Jan 2000

Interpreting International Trade Statutes: Is The Charming Betsy Sinking?, Jane A. Restani, Ira Bloom

Fordham International Law Journal

This essay is about the North American Free Trade Agreement (“NAFTA”), the General Agreement on Tariffs and Trade (“GATT”), and the World Trade Organization (“WTO”). The United States has chosen to participate in NAFTA, GATT, and WTO by the President's signing international agreements. These agreements, however, have not been presented to the Senate for ratification as treaties, although, as some commentators have noted, they bear the characteristics of treaties. Rather, they are implemented by Congress enacting domestic implementing legislation as statutory law.

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Berlin Diary: Jewish Legal History In Germany's Capital, Jeffery I. Roth Jan 2000

Berlin Diary: Jewish Legal History In Germany's Capital, Jeffery I. Roth

Fordham International Law Journal

This Essay chronicles the author’s activities in Berlin. It includes the contents of the seminar, detailed on a class-by-class basis, which he hopes may serve others as a useful outline for a Jewish legal history course. In addition, in our era of increasingly globalized legal education, some may find accounts of American law professors' visits abroad useful in their own right. The Essay also includes the author’s observations of a reunited but still divided city and its people. In the broader context, he offers the diary of his visit as a window into the process of German-Jewish rapprochement, a process …

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The Modernization Of The Enforcement Of Articles 81 And 82 Ec: A Legal And Economic Analysis Of The Commission's Proposal For A New Council Regulation Replacing Regulation No. 17, Wouter P.J. Wils Jan 2000

The Modernization Of The Enforcement Of Articles 81 And 82 Ec: A Legal And Economic Analysis Of The Commission's Proposal For A New Council Regulation Replacing Regulation No. 17, Wouter P.J. Wils

Fordham International Law Journal

The purpose of this Essay is to analyze the proposed new regime for the enforcement of Articles 81 and 82 of the EC Treaty, compared with the current situation under Regulation No. 17, in the light of the four dimensions which have just been identified. The issue of timing of legal intervention is discussed first. Indeed, the most important aspect of the proposed reform is the abandonment of the current (pretence at) ex ante enforcement through prescreening and the move to a pure system of ex post enforcement through deterrence. The following section looks at the role of the competition …

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Droits D'Urgence: Access Of Citizens To Legal Information In France, Jean-Luc Bédos Jan 2000

Droits D'Urgence: Access Of Citizens To Legal Information In France, Jean-Luc Bédos

Fordham International Law Journal

The purpose of this Article is to give a brief overview of citizen access to justice and legal information in France, both before and after the implementation of the reform. This Article will primarily focus on the work of non-governmental organizations in this field, especially the work of Droits d'Urgence, the NGO of which I am a founder and President. Droits d'Urgence deals primarily with access to legal information for the most marginalized sectors of the population. It is a humanitarian organization of legal professionals involved in the promotion of rights for those suffering from exclusion.

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Public Provision Of Legal Services In The United Kingdom: A New Dawn?, Anne Owers Jan 2000

Public Provision Of Legal Services In The United Kingdom: A New Dawn?, Anne Owers

Fordham International Law Journal

There are likely to be two effects on the provision and demand for legal aid. First, under Article 6 of the ECHR, there may be a requirement for free legal advice and representation for those whose civil rights are at issue in complex cases and who could not otherwise afford it. This may particularly affect representation before tribunals, which deal with matters for which no legal aid is currently available such as employment, welfare benefits, and immigration. Legal aid has already been promised for immigration and asylum tribunals. Second, there is likely to be a large amount of litigation in …

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Roundtable: Funding Strategies, Maria L. Imperial, Lorna Blake, Maria Dakolias, Daina Petrauskaite, Simon Rice, Nye Thomas Jan 2000

Roundtable: Funding Strategies, Maria L. Imperial, Lorna Blake, Maria Dakolias, Daina Petrauskaite, Simon Rice, Nye Thomas

Fordham International Law Journal

Led by moderator Maria L. Imperial, the panelists discussed funding strategies for legal services for the poor. Each panelist gave an overview of funding mechanisms in their home country (Canada, Lithuania, the United States, Australia).

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Welcoming Remarks: April 8, 2000, Michel Gout Jan 2000

Welcoming Remarks: April 8, 2000, Michel Gout

Fordham International Law Journal

Michel Gout welcomed participants and described access to justice initiatives in the European Union. He discussed various instruments in European Union law that ensure access to justice (European Court of Justice, Court of First Instance, European Court of Human Rights, Brussels Convention Article 44, Hague Convention 2 Relating to Civil Procedures, Hague Convention 99 on Access to Justice, and Agreement of the COuncil of Europe on Transmission for Applications to Legal Aid). Mr. Gout described the successes of these instruments, and also the obstacles the European Union still faces in providing legal aid for its citizens.

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Sexual Harassment And Racial Disparity: The Mutual Construction Of Gender And Race, Tanya K. Hernandez Jan 2000

Sexual Harassment And Racial Disparity: The Mutual Construction Of Gender And Race, Tanya K. Hernandez

Faculty Scholarship

For a number of years, commentators have proffered anecdotal evidence to suggest that women of color figure prominently as sexual harassment plaintiffs. Until recently, a systematic statistical analysis of women's experiences of sexual harassment by race was largely unavailable. For the first time, this Article comprehensively analyzes Equal Employment Opportunity Commission (EEOC) sexual harassment charge statistics, by looking at data from the last seven years along with Lexis-Nexis and Westlaw electronic reports of sexual harassment complaints for the last twenty years. What immediately becomes apparent in this statistical analysis of sexual harassment charges in the United States is the overrepresentation …

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The Perils Of Public Opinion, Deborah W. Denno Jan 2000

The Perils Of Public Opinion, Deborah W. Denno

Faculty Scholarship

Justice, Liability, and Blame: Community Views and the Criminal Law (“Justice”) is a rich, creative, and intriguing book with an ambitious goal: to examine the extent to which laypersons' views of justice (their “moral intuitions”) are reflected in current criminal codes. This Article discusses the significance of Justice's approach to understanding law and why the book is an excellent springboard for further research comparing community standards and legal codes. However, this Article particularly emphasizes the perils of incorporating public opinion into the law based upon three major sources: (1) this Article's own study of national and New Jersey demographic and …

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Adieu To Electrocution, Deborah W. Denno Jan 2000

Adieu To Electrocution, Deborah W. Denno

Faculty Scholarship

This Article contends that there is no moral or legal reason to retain electrocution, particularly because other execution methods are available. It is clear that at some point soon, electrocution will no longer exist in this country and, as a result, throughout the world. By eliminating this perplexing vestige, the other problems with the death penalty may appear all that more offensive.

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The Changing Complexion Of Workplace Law: Labor And Employment Decisions Of The Supreme Court's 1999-2000 Term , James J. Brudney Jan 2000

The Changing Complexion Of Workplace Law: Labor And Employment Decisions Of The Supreme Court's 1999-2000 Term , James J. Brudney

Faculty Scholarship

At the dawn of a new century of Supreme Court workplace law, it seems especially appropriate to offer some perspective on the recent and relatively recent past. Before addressing the seven cases involving labor and employment issues decided by the Supreme Court in the Term just ended, I want briefly to describe (in what I hope are not mechanical terms) how the Court's interests in labor and employment law have evolved from the start of the Burger Era in 1969 to the current, mature stage of the Rehnquist Court.

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Keeping The Reformist Spirit Alive In Evidence Law Tribute, Stephen A. Saltzburg, Edward J. Imwinkelried Jan 2000

Keeping The Reformist Spirit Alive In Evidence Law Tribute, Stephen A. Saltzburg, Edward J. Imwinkelried

Faculty Scholarship

No abstract provided.

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Rational Recreation And The Law: The Transformation Of Popular Urban Leisure In Victorian England , Rachel Vorspan Jan 2000

Rational Recreation And The Law: The Transformation Of Popular Urban Leisure In Victorian England , Rachel Vorspan

Faculty Scholarship

In this article, Rachel Vorspan investigates the complex role played by the courts in the social and cultural transformation of Victorian England. Through focusing on judicial rulings in the recreational as well as political and industrial contexts she explains how the English judiciary played an important function in "rationalizing" the major institutions and practices of urban leisure

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Social Risk And The Transformation Of Public Health Law: Lessons From The Plague Years, Elizabeth B. Cooper Jan 2000

Social Risk And The Transformation Of Public Health Law: Lessons From The Plague Years, Elizabeth B. Cooper

Faculty Scholarship

Acquired Immune Deficiency Syndrome (AIDS) was the wake-up call that disturbed America from its mid-twentieth century slumber concerning the dangers of communicable diseases. Until AIDS was identified in 1981, most Americans felt largely impervious to health threats posed by viruses or bacteria. Polio, smallpox, and tuberculosis had been brought under control by the "magic bullets" of antibiotics and vaccines." We felt more susceptible to the ravages of cancer or the debilitation of heart disease. But, over the last twenty years, the (re)emergence of serious or life-threatening microbial- based conditions such as Ebola, hantavirus, Lyme disease, West Nile virus, and even …

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Market Power Requirement In Antitrust Rule Of Reason Cases: A Rhetorical History, The, Mark R. Patterson Jan 2000

Market Power Requirement In Antitrust Rule Of Reason Cases: A Rhetorical History, The, Mark R. Patterson

Faculty Scholarship

The requirement that an antitrust plaintiff show market power in rule of reason cases has an uninspiring history and unconvincing justifications. Such a requirement has never been adopted by the Supreme Court, and is currently imposed by only the Seventh and Fourth Circuits. Indeed, the requirement was never imposed very widely, despite frequent claims to the contrary. More significantly, the Seventh Circuit cases that initially established the requirement, and that continue to be cited for it, did so with misleading citations to cases from other circuits. Furthermore, the justifications that have been offered for the requirement have generally been either …

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Legal Practice Rights Of Domestic And Foreign Lawyers In The United States , Roger J. Goebel Jan 2000

Legal Practice Rights Of Domestic And Foreign Lawyers In The United States , Roger J. Goebel

Faculty Scholarship

In the post-World War II international economy, with its enormous growth in transnational trade and investment, multinational legal practice has become a functional reality. Within the last two decades, the volume of trans-border legal practice has grown enormously in fields such as trade law, international banking and finance, international arbitration and litigation, international contractual and joint venture arrangements, transborder acquisitions and mergers, international antitrust, inter- national tax planning, and foreign investment counselling. Domestic law firms within the leading commercial nations have not only grown substantially in size, often by merger, they have also increasingly created networks of foreign branch offices, …

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Government Of The Good , Abner S. Greene Jan 2000

Government Of The Good , Abner S. Greene

Faculty Scholarship

Webster's definition of the noun "good" begins: "something that possesses desirable qualities, promotes success, welfare, or happiness, or is otherwise beneficial." Whether government should promote the good, and in particular whether government should use its powers of persuasion-its "speech," if you will-to promote contested views of the good, is the subject of this Article. I will argue that, as a matter of political theory, government in a liberal democracy not only may promote contested views of the good, but should do so, as well. Further, nothing in our constitutional jurisprudence demands otherwise, assuming certain conditions are met. In taking these …

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Convocation Inaugurating The Samuel M Kaynard Distinguished Visiting Professorship In Labor And Employment Law, John D. Feerick Jan 2000

Convocation Inaugurating The Samuel M Kaynard Distinguished Visiting Professorship In Labor And Employment Law, John D. Feerick

Faculty Scholarship

No abstract provided.

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The Role Of Power In The Rule Of Reason, Mark R. Patterson Jan 2000

The Role Of Power In The Rule Of Reason, Mark R. Patterson

Faculty Scholarship

No abstract provided.

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(Panelist) Collision, Towage, Salvage And Limitation Of Liability, Joseph Sweeney Jan 2000

(Panelist) Collision, Towage, Salvage And Limitation Of Liability, Joseph Sweeney

Faculty Scholarship

No abstract provided.

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Collisions, Joseph Sweeney Jan 2000

Collisions, Joseph Sweeney

Faculty Scholarship

No abstract provided.

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