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The U.S. Court Of International Trade And The U.S. International Trade Commission After Ten Years -- A Personal View, James A. Toupin

Fordham International Law Journal

This Article will present come impressions of the effect on the U.S. International Trade Commission of key elements of the 1979-1980 reforms contained in the Trade Agreements Act of 1979 and the Customs Courts Act of 1980. The reforms established the current system for the judicial review of antidumping and countervailing duty determinations. This Article will first address some of the observable impacts of the judicial review system on the operation of the Commission and will then attempt to examine the operation of the U.S. Court of International Trade as an expert tribunal with first-level appellate responsibility over trade cases. …

Accomplishing The Legislative Goals For The U.S. Court Of International Trade: More Speed! More Speed!, Leonard M. Shambon

Fordham International Law Journal

Part I of this Article describes the congressional goals for the CIT in 1979 and 1980. Part II focuses on the actual performance of the CIT with regard to one of those goals, speedy resolution of antidumping and countervailing duty disputes. Furthermore, Part II documents the level of delay during the four main phases of an initial CIT review of antidumping or countervailing duty administrative determination. Part III examines the supplemental impact of CIT-ordered remands on speedy resolution. Part IV briefly comments on the effect of appellate review of CIT decisions on both speed and certainty in these actions. This …

The Land Of Liquidated Damages: Recent Judicial Decisions And Unresolved Issues, Barbara M. Epstein

Fordham International Law Journal

By virtue of the Customs Courts Act of 1980 (the "1980 Act"),' the U.S. Court of International Trade (the "CIT") was granted new and exclusive jurisdiction over certain actions commenced by the United States, including actions "'to recover upon a bond relating to the importation of merchandise." As a result of the 1980 legislation, the CIT became the new forum for suits instituted by the United States to collect liquidated damages which had been assessed by the U.S. Customs Service ("Customs") against, an importer and/or its surety for breach of the terms of an importation bond. This Article shall concentrate …

Liquidated Damages: Making Sense Of The Relations Between The U.S. Customs Service, Bond Principals, And Sureties, Gilbert Lee Sandler

Fordham International Law Journal

This Article is an attempt to describe the current state of the evolving law on liquidated damages and to focus attention on several of the emerging areas that are likely to require administrative, congressional, or judicial action.

Brokering A Difficult Marriage: Substantive Defenses Under Rule 60(B)(4) Relief From Default Judgments In Foreign Sovereign Immunities Act Proceedings , A. John Sutham

Fordham International Law Journal

This Note argues that U.S. courts should allow foreign states to raise substantive defenses when using Rule 60(b)(4) to challenge the courts' jurisdiction to enter a default judg- ment. Part I of this Note analyzes the FSIA and relief from judgment under Rule 60(b). Part II analyzes the conflicting views on whether to consider substantive defenses in deter- mining subject matter jurisdiction. Part III argues that in the context of FSIA actions the use of substantive defenses under Rule 60(b)(4) is not only workable, but more desirable than the use of Rule 60(b)(6) judicial discretion. This Note concludes that the …

Park City Daily News Obituary Index For 1990, Kentucky Library Research Collections

Research Collections

No abstract provided.

Introduction & Table Of Cases, Innis Christie, A Paul Pross

Dalhousie Law Journal

Commissions of inquiry have been popular mechanisms with Canadian governments. Despite a widespread view that they are used principally to delay action while removing embarrassment from the immediate vicinity of governments, it is a fact that commissions of inquiry have repeatedly - and often highly successfully - served as vehicles for analyzing policy, for evaluating outworn or failed policy, for identifying a consensus about policy and for building support for new policy directions. They have brought facts to light both about specific incidents and about matters of policy concern; facts as diverse as what actually happened at a given time …

Commissions Of Inquiry And Public Policy In Canada, Frank Iacobucci

Dalhousie Law Journal

Most Canadians attach a great deal of importance to commissions of inquiry. When commissions of inquiry are appointed and when they report, great public attention is usually focussed on the substantive and serious issues discussed.

Mandates, Legal Foundations, Powers And Conduct Ofcommissions Of Inquiry, A. Wayne Mackay

Dalhousie Law Journal

Indeed, it may be just as difficult to disentangle law and politics as it is to separate religious and sexual passions. While law has traditionally been presented as more value-neutral than politics, in either its academic or applied form, the inaccuracy of this view of law is becoming widely recognized. Value choices have always been a vital aspect of legal adjudication and the arrival of the Canadian Charter of Rights and Freedoms in 1982 has forced judges to be more overt about this aspect of their job.' The separation of law and politics is more a matter of mythology than …

The Role Of The Commission Secretary, David M. Grenville

Dalhousie Law Journal

Royal commissions of inquiry are generally set up to address an urgent public concern that is almost certainly politically sensitive. The task that they are given to do is not an easy one, and they are expected to deal with it competently, economically and, above all, expeditiously. Inevitably, some controversy will be generated by their activities as they operate under intense public scrutiny. There are, in fact, two kinds of inquiries: one is the quasijudicial investigation which has as its purpose to establish the facts and to determine whether any act was contrary to the law or the public interest, …

The Role Of The Commission Counsel, John Sopinka

Dalhousie Law Journal

Commissions of inquiry have been prominently featured in this country for decades. For instance the Durham Report on the 1837 Mackenzie- Papineau Rebellion was the product of a public inquiry. As well, other inquiries have played a pivotal role in the development of our public and economic life. We had, for example, the Rowell-Sirois Commission on Dominion-Provincial Relations, the Royal Commission on Bilingualism and Biculturalism, the McDonald Commission on the Economy, the Dubin Inquiry on Aviation Safety and the Estey Inquiry on Bank Failures to mention a few. In 1979, the Law Reform Commission of Canada estimated that there had …

Should We Abandon The Adversarial Model In Favour Of The Inquisitorial Model In Commissions Of Inquiry?, Patrick Robardet

Dalhousie Law Journal

I approach the question I was asked to address today from the perspective of administrative law with a particular emphasis on related issues of public administration. In doing so, I bear in mind Professor Arthurs' well known criticism of common lawyers' attitudes towards public administration. In a similar vein of thought, Professor Wesley Pue recently noted: Such attitudes are part and parcel of the ideology-of law and as such are inculcated in lawyers as they partake of legal education, read legal scholarship and practice law. Even where serious efforts are made to escape the bounds of inherited legal thought, a …

The Rights And Obligations Of Those Subject To Inquiry And Of Witnesses, David Wayne Scott

Dalhousie Law Journal

There are questions raised from time to time as to the desirability of continued utilization of the public inquiry as we know it. These questions ordinarily arise in the context of a consideration of the issues outlined in this paper, that is to say, the rights and obligations of those subject to inquiry. In a classic description of the public inquiry Mr. Justice Middleton observed as follows: It must not be forgotten that this is an inquiry directed by the government into the affairs of its own creature, a Children's Aid Society, with the view of ascertaining if it is …

How Should Lawyers And Legal Profession Adapt?, S Gm Grange

Dalhousie Law Journal

Of all the love affairs with which the people of this world have been blessed or afflicted, that between public inquiries and the media is certainly one of the strangest. I have been in and about the law for over 40 years and in that time I say immodestly I have pleaded, what to me were, some very interesting cases and I have in the last 14 years had occasion to sit in judgment on some, not only interesting but, perhaps important cases. But I know perfectly well that when the time comes to take my departure, if I am …

The Commission And Its Report: Public Education, Advocacy And Lobbying, A Cairns, S Grange J, E C. Harris

Dalhousie Law Journal

Mr. Harris: The question concerning the justification of commissions of inquiry has been raised in the preceding discussions. If their sole justification is having the bulk of their recommendations implemented, the institution probably would have died out long ago. Nevertheless, it must be of considerable concern to commissioners that the record has not been good in terms of implementation and one of the questions that perhaps will determine how successful commissions are in this respect has to do with what happens when the report is delivered and thereafter. These questions will be largely the subject of the panel that we …

The Two Contradictions In Public Inquiries, Liora Salter

Dalhousie Law Journal

Given how frequently they are commissioned, it is surprising how little has been written about inquiries and, more particularly, about the role of science and advocacy within them.' The lack of serious attention paid to inquiries may be a product of their diversity. For example, inquiries include royal commissions and consultative committees and risk assessments. Some of these inquiries have wide-ranging mandates, commission extensive research and actively solicit public commentary, while others are more closely akin to legal proceedings. Grouping such different objectives and activities under a single category - namely, inquiries - is intrinsically difficult. Or the reason for …

Contributions Of Commissions Of Inquiry To Policy Analysis: An Evaluation, Peter Aucoin

Dalhousie Law Journal

Commissions of inquiry appointed to analyze major matters of public policy constitute an important organizational instrument in governance for essentially three reasons. First, their establishment enables decision-makers in government to delay or postpone decisions without being criticized for doing nothing at all. Policy analysis in this circumstance may be an excuse for a "non-decision", but at the least it ensures that the issue at hand stays on the policy agenda in a certain fashion. Second, such commissions provide for a process whereby the views of special interest groups and the interested public can be presented in a forum that is …

The Use And Abuse Of Inquiries: Do They Serve A Policy Purpose, Willard Estey

Dalhousie Law Journal

Professor Wade MacLauchlan: We have the great pleasure of being joined by Mr. Justice Willard Estey who, among other things, sits on the Supreme Court of Canada. As regards his involvement with commissions of inquiry, Mr. Justice Estey is eminently qualified to speak from many different experiences as advocate and counsel for various interests before commissions of inquiry during his long period as a busy practitioner. As well, during that period he served as counsel to a variety of commissions. Since going to the bench, he has conducted three inquiries; into the Steel Industry in Ontario, into Air Canada and, …

"1990 University Of North Dakota Football", University Of North Dakota

UND Athletics Publications: Football

Media guide for the 1990 UND football team. The guide contains information about the team and its coaches, and was sent to local and regional media outlets.

"1990-91 University Of North Dakota Women's Basketball", University Of North Dakota

UND Athletics Publications: Women's Basketball

Media guide for the 1990-1991 UND women's basketball team. The guide contains information about the team and its coaches, and was sent to local and regional media outlets.

Rheology Of Aqueous Suspensions Of Polystyrene Latex Stabilized By Grafted Poly(Ethylene Oxide), Harry J. Ploehn, J. W. Goodwin

Faculty Publications

A water-soluble carbodiimide has been used to end-graft aminated poly (ethylene oxide)(PEO) chemically onto colloidal polystyrene particles. Two particle sizes (115 and 347 nm diameter) and two PEO molecular weights (112 000 and 615 000 g mol^–1) were combined to give suspensions with four different ratios of polymer layer thickness to particle radius. Electrophoresis demonstrated that the PEO was grafted, not just adsorbed. Dynamic light scattering showed that the adsorbed and grafted layers had similar structures and that non-ionic surfactant perturbed the PEO configurations. Steady shear and oscillatory rheometry indicated that long-ranged polymeric forces between particles governed the …

A Simple Model For A Zinc/Bromine Flow Cell And Associated Storage Tanks, G. D. Simpson, Ralph E. White

Faculty Publications

A simple model for a parallel plate, zinc/bromine flow cell and associated storage tanks is presented and used to make time-dependent predictions for various quantities in the system. The model is based on a previously published algebraic model of the cell at steady-state and time-dependent, first-order differential equations for the storage tanks. The Butler-Volmer equation is used for the electrochemical reactions, and the homogeneous reaction between bromine and bromide is included. The model predictions indicate that the charging operation of a zinc/bromine battery can be significantly improved by using a storage tank with a larger residence time for the bromine …

Mathematical Modeling Of An H2s Removal Electrolyzer, Z. Mao, P. Adanuvor, Ralph E. White

Faculty Publications

A mathematical model is presented for a high temperature H₂S electrolyzer. It is shown that the maximum current in this type of a cell is determined entirely by the transport rate of sulfide ions through the separator. It is suggested that this model could be used to determine the feasibility of various designs for this electrolyzer.

Electrochemical Behavior Of Graphite And Ni-Cr Electrodes In Sodium Polysulfide In The Absence And Presence Of Hydrogen Sulfide, Z. Mao, Ralph E. White, B. Dandapani, A. Anani, S. Srinivasan, A. J. Appleby

Faculty Publications

The electrochemical behavior of graphite and Ni-Cr electrodes in sodium tetrasulfide melt has been investigated using voltammetric, chronoamperometric, and chronopotentiometric techniques in the presence and absence of hydrogen sulfide. Two continuous phases, namely, Na₂S₂ and Na₂S, are apparently formed at different potentials during the cathodic polarization. The blocking effect by these layers was much less significant on the Ni-Cr electrode than on graphite. The presence of H₂S did not appear to influence the electrode reactions, but it significantly reduced the rate of formation of the continuous phases (Na₂S₂ or Na …

A Computer Simulation Of The Oxygen Reduction Reaction In Carbonate Melts, P. K. Adanuvor, Ralph E. White, A. J. Appleby

Faculty Publications

A computer simulation of the oxygen reduction reaction in various carbonate melts has been carried out under steady-state conditions on the basis of a proposed kinetic model which takes into consideration the autocatalytic reaction involving oxygen and other reducible oxygen species in the melt, and the neutralization of oxide ions by dissolved carbon dioxide. A simulation of the presence of (physically) dissolved oxygen, in the diffusion layer region of the melt, corresponding to the possible situation in porous electrodes, causes a significant enhancement in the polarization curves, particularly in the mass-transfer control region. On the other hand, high levels of …

Estimation Of The Diffusion Coefficient And Solubility For A Gas Diffusing Through A Membrane, Michael C. Kimble, Ralph E. White, Yu-Min Tsou, R. Neal Beaver

Faculty Publications

Analysis of the data obtained by the electrochemical monitoring technique for diffusion of a gas through a membrane is considered. It is shown that combining a numerical method with a nonlinear parameter estimation technique provides a means to determine values for the diffusion coefficient and the solubility of the diffusing gas. It is shown that better accuracy can be obtained for the diffusion coefficient and solubility of this gas by using the method presented and all experimental data rather than only part of the data, as has often been done in the past.

Preliminary Pages, No Author

The Angle

No abstract provided.

Bookends, Nathan C. Follet

The Angle

No abstract provided.

Only, Elisabeth Maloney

The Angle

In lieu of an abstract, below is the essay's first paragraph.

"It was another summer on Tyler Street. The Finley's baby cried. Mr. Moran galloped a long on his squeaky rocker. Our spaniel moped in the shade. Ice cream could melt down to your elbow before you knew it. After a short rain, Molly and I scuffed outdoors. Momma had urged me, "Take your sister outside, sweetness. Teach her to play that game you love--chili peppers, isn't it?" Her face was suffused with color from the heat of our small kitchen. Her oak-colored hair frizzed at the temples from standing …

The Mayor Of Naples Pier, Deana Battaglioli

The Angle

No abstract provided.