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1996

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Nuclear Weapons And The Laws Of War: Does Customary International Law Prohibit The Use Of Nuclear Weapons In All Circumstances?, Jill M. Sheldon Jan 1996

Nuclear Weapons And The Laws Of War: Does Customary International Law Prohibit The Use Of Nuclear Weapons In All Circumstances?, Jill M. Sheldon

Fordham International Law Journal

This Note argues that customary international law does not prohibit the use of nuclear weapons in self-defense. Part I describes the characteristics of nuclear weapons, including their destructive capabilities and health effects. Part I also discusses the development of the laws of war and the process by which a generally accepted principle or practice ascends to customary international law. Further, Part I presents existing treaties concerning non-proliferation and other nuclear weapons-related issues. Part II examines the application of the laws of war to nuclear weapons use and the resulting conflict over the legality of the use of nuclear weapons. Part …

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"Television Without Frontiers": The Continuing Tension Between Liberal Free Trade And European Cultural Integrity, John David Donaldson Jan 1996

"Television Without Frontiers": The Continuing Tension Between Liberal Free Trade And European Cultural Integrity, John David Donaldson

Fordham International Law Journal

This Article discusses the Directive and the dispute between the United States and the Community with respect to the effect of the Directive on the free trade of television programming.

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Twenty Years Of The Fordham International Law Journal, Joseph C. Sweeney Jan 1996

Twenty Years Of The Fordham International Law Journal, Joseph C. Sweeney

Fordham International Law Journal

This Introduction discusses the twenty year history of the Fordham International Law Journal.

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Privatized Regulation: Japanese Regulatory Style In Comparative And International Perspective, Frank K. Upham Jan 1996

Privatized Regulation: Japanese Regulatory Style In Comparative And International Perspective, Frank K. Upham

Fordham International Law Journal

To begin the analysis of Japanese regulation, Part I looks closely at the structure and implementation of the Large Scale Retail Stores Law (“LSRSL”) by the Ministry of International Trade and Industry (“MITI”). The LSRSL and its implementation are representative of Japanese agency practice, and their detailed description can aid in forming preliminary generalizations about the legal nature and explanations for the delegation of power to private parties that this Article argues comprises Japanese regulatory style. To confirm the representative nature of administrative practice under the LSRSL and to provide additional breadth to the analysis, Part II looks at instances …

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Margins Of The Mob: A Comparison Of Reves V. Ernst & Young With Criminal Association Laws In Italy And France, Alexander D. Tripp Jan 1996

Margins Of The Mob: A Comparison Of Reves V. Ernst & Young With Criminal Association Laws In Italy And France, Alexander D. Tripp

Fordham International Law Journal

Part I of this Comment discusses the background of Racketeer Influenced and Corrupt Organizations Act (RICO) by examining the history of common law conspiracy, the legislative background of RICO, and the evolution of the RICO enterprise through court decisions. Part I also examines laws in Italy and France prohibiting criminal associations. Part II analyzes Reves v. Ernst & Young and its test for determining participation in a RICO association-in-fact enterprise. Part III argues that the legislative history of RICO, the role RICO plays in federal criminal law, and the functional similarity of criminal association laws abroad demonstrate that peripheral associates …

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Legal Interpretation At The European Court Of Justice, Nial Fennelly Jan 1996

Legal Interpretation At The European Court Of Justice, Nial Fennelly

Fordham International Law Journal

The object of all interpretation lies in the true intention of the lawmakers, whether they be framers of a constitution or a treaty, legislators, or drafters of secondary legislation. Its pursuit at The Court of Justice of the European Communities demands of the common lawyer a readiness to set sail from the secure anchorage and protected haven of “plain words” and to explore the wider seas of purpose and context. This Essay is an attempt to enunciate the essential elements of the Court's approach to legal interpretation, by the only Irish Advocate General to be appointed to that Court to …

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Czech Constitutional Democracy: Focus On The Czech Dual Executive Power And The Future Senate, Jack Van Doren, Thomas Magstadt Jan 1996

Czech Constitutional Democracy: Focus On The Czech Dual Executive Power And The Future Senate, Jack Van Doren, Thomas Magstadt

Fordham International Law Journal

The main focus of this Essay is the potential dynamic tension in the Czech dual executive power. The Czech presidency, presently occupied by the former dissident Vaclav Havel, is commonly perceived in the Czech Republic as a weak presidency. If it is true that President Havel's office can justifiably be described as weak, is this due to Constitutional restraints on the presidency, or is it a function of the personality of the current occupant of the presidency? This Essay also discusses the implications of the November 15-16, 1996 Senate elections on the Czech democracy.

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Rescuing History: Legal And Theological Reflections On The Task Of Making Former Torturers Accountable, Terence S. Coonan Jan 1996

Rescuing History: Legal And Theological Reflections On The Task Of Making Former Torturers Accountable, Terence S. Coonan

Fordham International Law Journal

This Article examines four such strategies, those employed by Argentina, Brazil, Uruguay, and Chile. Part I of this Article examines the experience of military dictatorship in each of these countries and the respective efforts each country has made to bring torturers to accountability. Part II offers a comparison of such strategies and the judicial philosophies that informed them. Finally, Part III, explores a distinctly Catholic perspective from which such strategies might be assessed, the fundamental notion of sacramentality, and implications for such an assessment.

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The Helms-Burton Blocking Statute Of The European Union, Jürgen Huber Llm Jan 1996

The Helms-Burton Blocking Statute Of The European Union, Jürgen Huber Llm

Fordham International Law Journal

According to European Community ("EC") law, the initiative for legislation lies with the Commission of the European Communities (“Commission”). Therefore, on July 31, 1996, the Commission submitted to the Council of the European Union a “proposal for a Council regulation protecting against the effects of the application of certain legislation of certain third countries, and actions based thereon or resulting therefrom.” After long and intensive discussions by the Committee of Permanent Representatives of the Member States (“COREPER”) and at the ministerial level, which proved to be difficult due to political and legal reasons, the Council, during its October 28, 1996 …

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The Ethos Of The International Court Of Justice Is Dependent Upon The Statutory Authority Attributed To Its Rhetoric: A Metadiscourse, H. Vern Clemons Jan 1996

The Ethos Of The International Court Of Justice Is Dependent Upon The Statutory Authority Attributed To Its Rhetoric: A Metadiscourse, H. Vern Clemons

Fordham International Law Journal

This Comment argues that the Court's practice of unofficially applying precedent, contrary to actual statutory authority, negatively impacts the Court's authority. Specifically, the absence of an official doctrine of stare decisis diminishes the Court's ethos and the rhetorical clout imputed to the Court's decisions. 28 Part I discusses the Court's character in providing states with a consistent, statutorily authorized rhetoric to refer to in their compromissory interactions, the Court's acknowledgment of the written rules, and its subsequent use of precedent. Part I also examines the past under-utilization of the ICJ to settle treaty disputes, and the recent increasing trend in …

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International Human Rights: Islam's Friend Or Foe? Algeria As An Example Of The Compatibility Of International Human Rights Regarding Women's Equality And Islamic Law, Joelle Entelis Jan 1996

International Human Rights: Islam's Friend Or Foe? Algeria As An Example Of The Compatibility Of International Human Rights Regarding Women's Equality And Islamic Law, Joelle Entelis

Fordham International Law Journal

Part I of this Note briefly discusses the development of International Human Rights Law as embodied in international covenants today. Part I also discusses Islamic law, the traditional role of women under Islamic law and culture, Algeria's Constitution and Family Code, and other dynamics specific to Algeria that have hindered women's obtainment of equal rights in the modern era. Part II presents the debate between conservative Islamists who argue that international principles of human rights law are incompatible with Islamic law and the scholars who assert that the two are compatible. Part III, by focusing on fundamental principles underlying the …

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Heirs Without Assets And Assets Withouth Heirs: Recovering And Reclaiming Dormant Swiss Bank Accounts, Jodi Berlin Ganz Jan 1996

Heirs Without Assets And Assets Withouth Heirs: Recovering And Reclaiming Dormant Swiss Bank Accounts, Jodi Berlin Ganz

Fordham International Law Journal

This Note examines historical and current attempts to settle claims on dormant Swiss bank accounts and proposes a mechanism designed to resolve the dispute. Part I provides background information on the claims, including the relevant Swiss law, obstacles encountered by earlier claimants, and the Swiss Government's early resolution attempts. Part I also outlines frameworks of international arbitral and adjudicatory forums employed to resolve international disputes. Part II discusses the attempts of the Swiss banks, Swiss Government, U.S. Congress, private individuals, and independent organizations to resolve claims to dormant Swiss bank accounts. Part III argues that the current mechanisms are inappropriate …

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European Community Antitrust Law: Innovation Markets And High Technology Industries, John Temple Lang Jan 1996

European Community Antitrust Law: Innovation Markets And High Technology Industries, John Temple Lang

Fordham International Law Journal

This Article considers how far high technology industries give rise to Community antitrust law questions that are new and limited to or characteristic of those industries. Originally, this Article was to discuss the Community antitrust law experience of the issues raised at the U.S. Federal Trade Commission ("FTC") hearings and in the FTC report on innovation competition ("FTC Report"). Not all of the issues considered by the FTC, however, have arisen in Europe to such an extent that makes it worthwhile to consider them, and some issues have arisen or are arising in the European Community that have not been …

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The Case Law Of The European Court Of Justice And Nationals Of Non-European Community Member States, Melchoir Wathelet Jan 1996

The Case Law Of The European Court Of Justice And Nationals Of Non-European Community Member States, Melchoir Wathelet

Fordham International Law Journal

This essay endeavors to identify, in light of the European Court of Justice ("ECJ") case law, the key concepts of the legal protection which European Community("EC") law, as it stands, affords to nationals of non-member countries. This Essay distinguishes between the rights deriving from internal EC law, forming the first part of this Essay, and those ensuing from external agreements concluded by the European Community with non-member countries, constituting the second part of this Essay.

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Controlling Corruption Through Collective Means: Advocating The Inter-American Convention Against Corruption, Robert H. Sutton Jan 1996

Controlling Corruption Through Collective Means: Advocating The Inter-American Convention Against Corruption, Robert H. Sutton

Fordham International Law Journal

This Note argues that the Convention offers the most effective approach to combating corruption and that all states should sign and ratify it. Part I discusses corruption, explains its history and its harmful effects, and describes international organizations whose purposes and principles are directly opposed to the harm corruption is capable of perpetrating. Part II presents existing approaches to combating corruption. Part III argues that all states should adopt the OAS approach. This Note concludes that states can best combat corruption through the OAS approach because it offers the most comprehensive and, therefore, the most effective of the existing solutions.

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Protecting Human Rights In The European Union: An Argument For Treaty Reform, Tara C. Stever Jan 1996

Protecting Human Rights In The European Union: An Argument For Treaty Reform, Tara C. Stever

Fordham International Law Journal

This Note argues that the European Community ("EC") should amend the European Community Treaty to provide authority for EC accession to the European Court of Human Rights ("ECHR") because the belief in and protection of human rights must be at the core of a thriving constitutional legal system. As the EC continues to grow geographically, its legal competences must also grow to deal with the challenges of building a singular, unified Europe from traditionally autonomous European states and EC institutions. Part I of this Note explains the institutions of the EC, examines the principles and objectives of the ECHR and …

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The Republic Of Macedonia: An Atypical Balkan Country, Ljubica Acevska Jan 1996

The Republic Of Macedonia: An Atypical Balkan Country, Ljubica Acevska

Fordham International Law Journal

Geographically and historically, the Republic of Macedonia is part of the Balkans, a region marked by conflict and tension. The centuries that it stood amidst civilizations and empires have enriched this corner of Europe with traditions and cultures. Despite their originality and creativity, however, the nations of the Balkans have never succeeded to stand on their own feet either economically or politically.

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Postdural Puncture Headache : A Retrospective Study Comparing The 25-Gauge Whitacre® And 24-Gauge Sprotte® Needles, Rebecca N. Rapp Jan 1996

Postdural Puncture Headache : A Retrospective Study Comparing The 25-Gauge Whitacre® And 24-Gauge Sprotte® Needles, Rebecca N. Rapp

Theses and Dissertations

No abstract provided.

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Development Of A Pneumatic Spreading System For Silicon Carbide Precursor Tows, Allan A. Puzianowski Jan 1996

Development Of A Pneumatic Spreading System For Silicon Carbide Precursor Tows, Allan A. Puzianowski

Theses and Dissertations

No abstract provided.

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Analysis Of The Compressive And Tensile Properties Of Kevlar Fiber After Thermal Treatment, Fernanda Santos Philbrick Jan 1996

Analysis Of The Compressive And Tensile Properties Of Kevlar Fiber After Thermal Treatment, Fernanda Santos Philbrick

Theses and Dissertations

No abstract provided.

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Measurement Of Grinding Zone Temperatures For Steel Using Infrared Imaging Techniques, Carl Jon Muehlenbeck Jan 1996

Measurement Of Grinding Zone Temperatures For Steel Using Infrared Imaging Techniques, Carl Jon Muehlenbeck

Theses and Dissertations

No abstract provided.

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A Contemporary Indian Case Study : From Metaphor To Apple, Robin Marie Powell Jan 1996

A Contemporary Indian Case Study : From Metaphor To Apple, Robin Marie Powell

Theses and Dissertations

No abstract provided.

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Relationship Of Hardiness To Cancer And Social Support, Mary Boeddeker Roers Jan 1996

Relationship Of Hardiness To Cancer And Social Support, Mary Boeddeker Roers

Theses and Dissertations

No abstract provided.

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Infant Physiological Responses To Noxious Stimuli Of Circumcision With Anesthesia And Analgesia, Traci Lynn Olson Jan 1996

Infant Physiological Responses To Noxious Stimuli Of Circumcision With Anesthesia And Analgesia, Traci Lynn Olson

Theses and Dissertations

No abstract provided.

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Bereaved Parents : Search For Meaning, Marlene Faye Miller Jan 1996

Bereaved Parents : Search For Meaning, Marlene Faye Miller

Theses and Dissertations

No abstract provided.

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Very Early Latch And Success In Breastfeeding, Jeanine L. Senti Jan 1996

Very Early Latch And Success In Breastfeeding, Jeanine L. Senti

Theses and Dissertations

No abstract provided.

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Reducing Illegal Sales To Minors : A Comparison Of Tobacco Control Strategies In Three Rural North Dakota Communities, Kelly Patricia Buettner-Schmidt Jan 1996

Reducing Illegal Sales To Minors : A Comparison Of Tobacco Control Strategies In Three Rural North Dakota Communities, Kelly Patricia Buettner-Schmidt

Theses and Dissertations

No abstract provided.

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Health Care Selection Among Rural Women, Kimberly J. Praus-Chapman Jan 1996

Health Care Selection Among Rural Women, Kimberly J. Praus-Chapman

Theses and Dissertations

No abstract provided.

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Prevalence Of Heart Disease Risk Factors And Health Issues Among Women On A Rural Minnesota Reservation, Roxanne Struthers Jan 1996

Prevalence Of Heart Disease Risk Factors And Health Issues Among Women On A Rural Minnesota Reservation, Roxanne Struthers

Theses and Dissertations

No abstract provided.

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Sexing The Texts : Appropriations In Jeanette Winterson's Fiction, Shelly Scott Jan 1996

Sexing The Texts : Appropriations In Jeanette Winterson's Fiction, Shelly Scott

Theses and Dissertations

No abstract provided.

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