Digital Commons Network^™

Wto And Un Law, Antonio F. Perez

Scholarly Articles

This Article argues that the U.S. and EC views of the national security interests exceptions reflect competing conceptions of the WTO legal order. Under the first, the WTO is viewed as merely an agreement between states governing a limited issue area, the disciplining of protectionist policies, under which other issue areas are reserved to sovereign state decisionmaking or, alternatively, whatever other international institutions states have separately granted competence for management of the issue. Under this view, the United States might well argue that its Helms-Burton sanctions are outside the jurisdiction of the WTO and instead within the jurisdiction of the …

Reconceiving The Role Of Section 8(B)(1)(A): 1947–1997: An Essay On Collective Empowerment And The Public Good, Roger C. Hartley

Scholarly Articles

The Taft-Hartley section 8(b)(1)(A)s union discipline cases are linked to the impending collapse of collective bargaining in two ways. At one level, they have helped cause it by denying union majorities an important tool to enforce solidarity during economic disputes with employers and thereby have contributed to the loss of worker empowerment. At another level, the union discipline cases reflect certain shifts in national sentiments with respect to the role of unions and collective bargaining in general and the accommodation of collective bargaining to the competing claims of individuals and employers in particular. This paper is about both linkages.

Control Freaks, John H. Garvey

Scholarly Articles

Last year, in Washington v. Glucksberg, the Supreme Court decided that the Constitution does not afford us a right to commit assisted suicide. I endorse this conclusion. I might less modestly say that it endorses me, for the Court's understanding of freedom is similar to the one I propose in What Are Freedoms For?, and the theory it rejects is the one I am most concerned to combat.

Mandatory Hiv Testing Of Professional Boxers: An Unconstitutional Effort To Regulate A Sport That Needs To Be Regulated, Raymond C. O'Brien, Michael T. Flannery

Scholarly Articles

No abstract provided.

Natural Law, Homosexual Conduct, And The Public Policy Exception, Raymond B. Marcin

Scholarly Articles

The specific focus of this conference is on the problems posed by the imminent recognition of homosexual marriages in one or more jurisdictions. The question posed by the "laws of nature" exception to the inter-jurisdictional marriage recognition principle is whether legally endorsed homosexual marriages, involving (as they must) societal approval and endorsement of homosexual conduct, are contrary to natural law. This paper will explore the classic natural law theory of Saint Thomas Aquinas and the reasons why that theory condemns homosexual conduct as being contrary to the law of nature.

Sovereignty, Trade, And The Environment--A U.S. Perspective, Gary Horlick

Canada-United States Law Journal

No abstract provided.

Assessing The New Wto Dispute System: A U.S. Perspective, Rufus H. Yerxa, Demetrios J. Marantis

The International Lawyer

No abstract provided.

The E.C.--An Example Of Breaking Down The Barriers Of Sovereignty--Implications For Canada And The United States, Guy Pevtchin

Canada-United States Law Journal

No abstract provided.

Settlement Of International Trade Disputes--Challenges To Sovereignty--A Canadian Perspective, Lawrence L. Herman

Canada-United States Law Journal

No abstract provided.

Sovereignty And Food Safety In A Nafta Context, Paul Martin

Canada-United States Law Journal

No abstract provided.

Discussion After The Speeches Of Paul Martin And Matthew Schaefer

Canada-United States Law Journal

No abstract provided.

Canines Cry Out: Is Six Months In A British Quarantine A Necessity For Rabies Prevention?

Penn State International Law Review (1982 - 2011)

No abstract provided.

Toward Fifty Years Of Constitutionalism And Fundamental Rights In India: Looking Back To See Ahead (1950-2000), Vijayashri Sripati

American University International Law Review

No abstract provided.

A New Human Right--The Right To Globalization, Michael D. Pendleton

Fordham International Law Journal

This Essay attempts to give globalization an ideology and suggests that global identity and allegiance will use the law to establish these ideals. It argues that the principal tool will be extensions via the legal device of human rights--an individual's human right to globalization. This Essay also argues that national allegiance and globalization cannot stand together. Today, national allegiance is an anachronism and simply wrong. In the past, it was, in many cases, considered a virtue and resulted often in the highest individual self-sacrifice for the common good. Human rights to globalization, it is argued, entail at least the following …

Recommended Measures Under The Antarctic Treaty: Hardening Compliance With Soft International Law, Christopher C. Joyner

Michigan Journal of International Law

This article examines the process by which ATCM recommended measures are created, the status of these instruments under international law, and the implementation record by Antarctic Treaty governments for these instruments since 1961.

How To Constitutionalize International Law And Foreign Policy For The Benefit Of Civil Society?, Ernst-Ulrich Petersmann

Michigan Journal of International Law

All societies have adopted rules in order to reconcile conflicts among the short-term interests of their citizens with their common long-term interests. All societies have learned that rule-making and rule-enforcement require government powers, as well as "checks and balances" against abuses of such powers. Constitutionalism has emerged as the most important human invention for protecting equal rights of the citizens against such abuses. It rests on the rationality of Ulysses who, when approaching the island of the sirens and knowing of their dangers, ordered his companions to bind him to the mast and not to release him under any circumstances.' …

International Cultural Property: Another Tragedy Of The Commons, Claudia Caruthers

Washington International Law Journal

In-situ and intra-national preservation of cultural property is threatened by a highly remunerative international black market. Despite the existing nexus of both domestic and international laws drafted to halt illicit trafficking in cultural property, black markets, such as ones in Southeast Asian art and artifacts, are thriving. This Comment examines whether the existing web of laws and regulations serve, in fact, to foster, rather than discourage, the continuance and growth of the art black market. Likening the destruction of rare cultural resources to the destruction of scarce natural resources, this Comment uses Garrett Hardin's game theory tragedy of the commons …

Affirmative Action, Ethnic Minorities And China's Universities, Barry Sautman

Washington International Law Journal

China greatly expanded its longstanding set of preferential policies for ethnic minorities in the 1980s and 1990s. Affirmative action in higher education annually allows for the admission of tens of thousands of ethnic minority students who, based on their national entrance examination scores alone, would be unable to gain a much sought-after place in one of the country's thousand universities. The variety of ways in which the admission and retention of PRC minority students are facilitated by laws, regulations and policies are examined, as are attitudes toward affirmative action on the part of Han majority and ethnic minority students. In …

The Elephants Of Africa, Robert H.I. Dale

Scholarship and Professional Work - LAS

Video review for the following title:

The Elephants of Africa: Nature. Produced by Scorer Associates, 1997. 55 minutes. $19.95 + $4.95 S/H.

Change In Christology: New Testament Models And The Contemporary Task, James F. Mcgrath

Scholarship and Professional Work - LAS

The purpose of this paper is to review different models of development which have been suggested, and to suggest a way out of the impasse between the two major views which have predominated this field of study.

Battered Women Syndrome As A Tort Cause Of Action, Heather Tonsing

Journal of Law and Health

The focus of this Note is the upcoming development of a new tort cause of action which would afford battered women full recovery and also help alleviate a growing public health epidemic. This Note argues that battered women syndrome is a valid psychological theory which has a place in civil litigation as a recognized cause of action. Although the theory is criticized by feminist scholars who believe that the testimony may perpetuate gender bias in criminal trials, the syndrome is still advantageous for women seeking redress in civil courts. Part I examines the phenomenon of battered women syndrome and its …

The U.S. Army And Irregular Warfare, John M. Gates

All Faculty Books

No abstract provided.

The Effects Of Constant Darkness And Constantlight On The Pineal Gland And Thymusmorphology In The Rats, Nihal İçten, Filiz Karagöz, K. Ali Güneç

Turkish Journal of Medical Sciences

It is known that periods of constant darkness and constant light cause stim-ulation and inhibition of melatonin secretion from the pineal gland. It is also suggested that neuroendocrine responses to environmental stimuli, such as light, can influence immune responses through the pineal gland. For these reasons, in this study the effects of the alterations in the photoperiod rhythm on the pineal gland and thymus morphology were experimentally investigated. 30 Swiss albino rats, aged 4 wk, were divided into 3 groups. Group I rats were kept in a dark room, group II in a room under a bright artificial light and …

Asset Forfeiture: Home And Abroad, Steven L. Kessler

ILSA Journal of International & Comparative Law

Good intention will always be pleaded for every assumption of power.... [T]he Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters. -Daniel Webster

Annual Reports Of The Selectmen, Treasurer, School Board And All Other Officers And Committees For The Town Of Fremont, New Hampshire For The Fiscal Year Ending December 31, 1997., Fremont Town Representatives

Fremont, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Graduate Catalog - The School Year 1996-1998, Prairie View A&M University

Graduate Catalog

No abstract provided.

Of Dolphins And Tuna: The Evolution To An International Agreement, Rachel C. Hampton

Fordham Environmental Law Review

No abstract provided.

An Examination Of Mexico And The Unreasonable Goals Of The United Nations Conference On Environment And Development (Unced), Jeanine E. Dames

Fordham Environmental Law Review

No abstract provided.

The International Court Of Justice Decision Regarding The Gabcikovo-Nagymaros Project, Mari Nakamichi

Fordham Environmental Law Review

No abstract provided.

Uncertainty And Variability Analysis In The Estimation Of Human Exposure To Mercury From Seafood Consumption Using Two-Dimensional Monte Carlo Simulations, J. Keith Bangerter

MUSC Theses and Dissertations

Fish and shellfish are a beneficial food source due to their high protein content, low saturated fat content, and low cholesterol content; they possess beneficial omega-3 fatty acids and antioxidants such as vitamin E and selenium. Recent studies identified a decreased risk of sudden cardiac death in seafood consumers. Per capita seafood consumption increased 27% from 1975 to 1990, with nearly 95% of the U.S. population consuming some kind of fish or shellfish product each year. But seafood consumption may pose health risks which need to be weighed against benefits. One of potential risks is the toxicity of methylmercury. Mercury …