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1998

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The Ultimate Matrimonial Motion Practice Primer, Joel R. Brandes, Bari B. Brandes Jan 1998

The Ultimate Matrimonial Motion Practice Primer, Joel R. Brandes, Bari B. Brandes

Touro Law Review

No abstract provided.

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Foreword Symposium: Fourth Annual Mid-Atlantic People Ofcolor Legal Scholarship Conference: Law And Literature: Examining The Limited Legal Imagination In The Traditional Legal Canon, Sheila R. Foster Jan 1998

Foreword Symposium: Fourth Annual Mid-Atlantic People Ofcolor Legal Scholarship Conference: Law And Literature: Examining The Limited Legal Imagination In The Traditional Legal Canon, Sheila R. Foster

Faculty Scholarship

The Fourth Annual Mid-Atlantic People of Color Legal Scholarship Conference, which took place at Rutgers Law School in Camden on February 12-14, 1998, poignantly captured the theme around which the conference was organized. The theme of the conference was "Law and Literature: Examining the Limited Legal Imagination in the Traditional Legal Canon." True to the theme of the conference, many presenters sought to expand our collective imagination through poetry, fiction, and narrative. The presentations were intellectually stimulating and provocative. Indeed, there was a literary quality to some of the presentations. Perhaps most importantly, the conference itself, in the tradition of …

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Introduction, Honorable Leon D. Lazer Jan 1998

Introduction, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.

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Physician Assisted Suicide, Leon Friedman Jan 1998

Physician Assisted Suicide, Leon Friedman

Touro Law Review

No abstract provided.

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Rit Dividends Winter 1998 Jan 1998

Rit Dividends Winter 1998

RIT Digital Archives

No abstract provided.

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Adr Developments Abroad: Masters In Mediation - European Style!, Nadja Alexander Jan 1998

Adr Developments Abroad: Masters In Mediation - European Style!, Nadja Alexander

Research Collection Yong Pung How School Of Law

In Australia when we think of mediationtraining, we generally envisage a four orfive day training course run by amediation service provider or educationalinstitution. Many Australian universitiesalso offer postgraduate studies inmediation and ADR which generallyprovide a combination of theory and skillsdevelopment subjects. Such studiestypically take the form of postgraduatediplomas or Masters degrees offered by auniversity department or a multi-disciplinarymediation centre. Notably, there are norequirements that participants haveprevious qualifications or experience inmediation. One direct effect of this ‘open’policy has been to lower the standard ofpostgraduate teaching and learning in thisfield. For example, postgraduate subjectsin mediation in many law schools aroundthe country offer …

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The New Singapore Law On Antidumping And Countervailing Duties, Locknie Hsu Jan 1998

The New Singapore Law On Antidumping And Countervailing Duties, Locknie Hsu

Research Collection Yong Pung How School Of Law

The Countervailing and Anti-dumping Duties Act 1996 ("the Act") came into effect on 1 November 1996.1 This legislation was enacted to bring Singapore's law in relation to countervailing duties, subsidies and antidumping into conformity with requirements of the World Trade Organization (WTO) Agreements It also updates the law by repealing the outmoded Customs (Subsidies and Anti-dumping) Act. The new rules and procedures in the Act are meant to "give added assurance and certainty to the local and foreign parties concerned whenever an action is instituted."In addition to the Act, detailed regulations have also been passed. The Act follows the basic …

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Commentary On 'The Renegotiation Of Contracts', Howard Hunter Jan 1998

Commentary On 'The Renegotiation Of Contracts', Howard Hunter

Research Collection Yong Pung How School Of Law

Professor John Carter has identified a theme of growing importance in commercial transactions, especially as the number of those that are long in duration and that cross political or cultural lines increases. It is difficult under the best of circumstances ex ante to negotiate for all contingencies in a dynamic economy. Allowing, or requiring, post hoc renegotiations every time there is a change in circumstances could reduce substantially the utility of contract as a risk allocation device that provides some measure of privately ordered certainty unless the use of post hoc renegotiation is carefully circumscribed.

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An Interlibrary Loan System On The World Wide Web, Schubert Shou Boon Foo, Ee Peng Lim Jan 1998

An Interlibrary Loan System On The World Wide Web, Schubert Shou Boon Foo, Ee Peng Lim

Research Collection School Of Computing and Information Systems

Inter-Library Loan (ILL) service is one of the services provided by libraries that offers users a way to access library resources beyond their affiliated libraries. Additionally, it allows participating libraries to share and maximize their resources. This work examines the ILL process used by libraries in Singapore and proposes that the existing paper-based manual system be replaced by a Web-based ILL system. Such a Web-based system has been successfully designed and implemented at the Nanyang Technological University. The paper presents an overview of the system requirements and architecture, implementation details and demonstrates the feasibility and advantages of the new system.

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An Integrated Web-Based Ill System For Singapore Libraries, Schubert Foo, Ee Peng Lim Jan 1998

An Integrated Web-Based Ill System For Singapore Libraries, Schubert Foo, Ee Peng Lim

Research Collection School Of Computing and Information Systems

The paper proposes an integrated Web-based inter-library loan (ILL) system to replace and enhance the existing manual-based ILL system used by Singapore libraries. It describes the system requirements that must be supported in order to make it a viable and acceptable solution to all participating libraries. Subsequently, it presents the client-server Web-based system architecture, database design and Java development platform that are used to implement the system. The new system exhibits a host of advantages over the manual system including the minimising of human resource by eliminating form-filling and other forms of paper work completely, improving the access and speed …

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Commentary On 'Assignment Of Contractual Burdens', Howard Hunter Jan 1998

Commentary On 'Assignment Of Contractual Burdens', Howard Hunter

Research Collection Yong Pung How School Of Law

Professor Michael Furmston begins his fine paper with the statement that ‘Contract textbooks treat it as axiomatic that contractual burdens cannot be assigned’. This commentary can begin with the equally forceful statement that contract textbooks in the United States treat as axiomatic the proposition that most contractual burdens can be freely assigned.

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Predictors Of Coping Behavior After A Layoff, Carrie R. Leana, Daniel C. Feldman, Gilbert Tan Jan 1998

Predictors Of Coping Behavior After A Layoff, Carrie R. Leana, Daniel C. Feldman, Gilbert Tan

Research Collection Lee Kong Chian School Of Business

A study examined the effects of individual differences and situational characteristics on individuals' use of 6 job loss coping strategies among laid-off industrial workers. In each case the predictors explained a significant portion of the variance (30%-47%) although different predictors were significantly associated with each of the 6 coping strategies. The results also suggest that the use of problem-focused and symptom-focused coping strategies are complementary rather than mutually exclusive.

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Trademark Law And Parallel Imports In A Globalized World--Recent Developments In Europe With Special Regard To The Legal Situation In The United States, Carl Baudenbacher Jan 1998

Trademark Law And Parallel Imports In A Globalized World--Recent Developments In Europe With Special Regard To The Legal Situation In The United States, Carl Baudenbacher

Fordham International Law Journal

This Article discusses the historic course of recent events insofar as it first describes the Maglite decision of the European Free Trade Association Court. Second, it summarizes the opinion of the Advocate General and the judgment of the Court of Justice of the European Com- munities in the Silhouette case. Part III focuses on the development of the law in the European Union ("EU") and European Economic Area ("EEA") Member States, as well as in the EU and in the EEA before Silhouette and Maglite. In Part IV, comments are made with regard to the reasons given in Maglite …

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Regulation Of The Turkish Straits: Unclos As An Alternative To The Treaty Of Montreux And The 1994 Maritime Traffic Regulations For The Turkish Straits And Marmara Region, Serge V. Pavlyuk Jan 1998

Regulation Of The Turkish Straits: Unclos As An Alternative To The Treaty Of Montreux And The 1994 Maritime Traffic Regulations For The Turkish Straits And Marmara Region, Serge V. Pavlyuk

Fordham International Law Journal

This Note discusses the need for a modern international legal regime that would address navigational and environmental safety in the Turkish Straits in a manner consistent with customary international law of the transit passage through the straits used for international navigation. Part I provides an overview of the recent history of the Turkish Straits and the legal regimes regulating navigation in the Turkish Straits and other straits used for international navigation. Part II explores the positions and arguments of the parties involved in the dispute over the legality of the 1994 Turkish Regulations. Part III proposes that the circumstances surrounding …

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Transparency- Not Just A Vogue Word, Bo Vesterdorf Jan 1998

Transparency- Not Just A Vogue Word, Bo Vesterdorf

Fordham International Law Journal

I therefore intend to focus my attention on transparency issues as they relate to the decision-making process and leave out those issues relating to the legislative process. Moreover, I shall restrict myself to examining a few selected issues concerning the topic and shall base my examination principally on some of the more recent judgments of the Court of First Instance and the Court of Justice of the European Communities (together, “Community Courts”).

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Toward Peace In Northern Ireland, George J. Mitchell Jan 1998

Toward Peace In Northern Ireland, George J. Mitchell

Fordham International Law Journal

That is one side of the coin of liberty. When we adjourned for the Christmas holiday the prospects were bleak. It was in mid-February 1998, on the flight from Dublin back to the United States, that I began to devise a plan to establish an early deadline for an end to the talks. He stayed up all night at the White House, telephoning several of the delegates at critical times in the final hours of negotiation. Most importantly for its survival, the agreement was overwhelmingly endorsed by the people of Ireland, North and South, in a free and democratic election. …

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To Cherish A Just And Lasting Peace, Gerry Adams Jan 1998

To Cherish A Just And Lasting Peace, Gerry Adams

Fordham International Law Journal

In the opening line of the diary that he kept during the first three weeks of his hunger strike, republican prisoner Bobby Sands, who died after fifty-five days on strike, wrote: "I am standing on the threshold of another trembling world." This system has created a unionist one party state that has rejected basic principles of democracy, justice, and equality. Throughout the development of our peace strategy and the talks process, republicans pursued the peace process in the context of our republican analysis of the situation and with a solid strategy to meet all of the difficulties head on. In …

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Why Decommissioning Is A Real Issue, John Bruton Jan 1998

Why Decommissioning Is A Real Issue, John Bruton

Fordham International Law Journal

The Nationalist minority in Northern Ireland is protected by the Agreement. One of the principles to which both Sinn Fein and the Progressive Unionist Party agreed in 1997 was that they gave their "total and absolute commitment to the total disarmament of all paramilitary organisations." It is important for a U.S. audience to understand that those of us in Ireland who are concerned to maintain certain basic norms of representative democracy have good reasons to insist on the principle of the decommissioning of paramilitary weapons, regardless of who the weapons are held by, or for what motive. But if one …

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Beyond The "Band-Aid" Approach: An Alliance Party Perspective Upon The Belfast Agreement, Stephen Farry, Sean Neeson Jan 1998

Beyond The "Band-Aid" Approach: An Alliance Party Perspective Upon The Belfast Agreement, Stephen Farry, Sean Neeson

Fordham International Law Journal

In the absence of a ready-made solution that could be adopted by the people of Northern Ireland, or a magical formula from the British and Irish Governments, the only alternative lay in locally-mandated political parties negotiating a political agreement. This alternative in turn entailed a common recognition that the zero-sum politics of "winner takes all" ultimately leaves everyone a loser. An accommodation, while requiring each party to sacrifice some of its aspirations, stood to benefit Northern Ireland society as a whole.

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Peace Agreement - Or Last Piece In A Sellout Agreement?, Ian Paisley Jan 1998

Peace Agreement - Or Last Piece In A Sellout Agreement?, Ian Paisley

Fordham International Law Journal

Indeed, it is the distress caused by the content of the Agreement that has provoked such widespread alarm and division within Unionism. The proposals contained in the Agreement are not remarkably new in content, but they now have the endorsement of those who were previously opposed to such mechanisms that will fundamentally undermine the status of Northern Ireland within the Union and impose a system of government so alien that it is far removed from any known concept of democracy and fairness. According to the author's copy of the Mitchell draft, the UUP lost out on the number of seats …

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The Northern Ireland Human Rights Commission, Stephen Livingstone Jan 1998

The Northern Ireland Human Rights Commission, Stephen Livingstone

Fordham International Law Journal

The extent of these powers [...powers to scrutinize proposed legislation before the Northern Ireland Assembly for its compliance with human rights standards, to assist litigants in bringing human rights complaints before the courts, and to conduct investigations into matters that give rise to human rights concerns...advising the Secretary of State for Northern Ireland as to whether any additional human rights, beyond those to be introduced for the whole of the United Kingdom by the Human Rights Act 1998, should be included in a Bill of Rights specific to Northern Ireland...], and their adequacy to the task that the Commission is …

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Prisoners, The Agreement, And The Political Character Of The Northern Ireland Conflict, Kieran Mcevoy Jan 1998

Prisoners, The Agreement, And The Political Character Of The Northern Ireland Conflict, Kieran Mcevoy

Fordham International Law Journal

This Essay first explores the historical context of prisoner release in Ireland, North and South. Second, the role of prisoners in the process of conflict resolution in the 1990s is examined in the periods before and after the breakdown of the first IRA cease- fire. The provisions within the Good Friday Agreement and subsequent legislation are then analyzed in so far as they relate to prisoner release as an incentive for peace among organizations outside the peace process, decommissioning, the victims of violence, and prisoner reintegration. Finally, this Essay argues that the "prisoner issue" represents a crucial acknowledgement by the …

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Constitutionalism And Change: Representation, Governance, And Participation In The New Northern Ireland, John Morison Jan 1998

Constitutionalism And Change: Representation, Governance, And Participation In The New Northern Ireland, John Morison

Fordham International Law Journal

This Essay assesses the achievement of restoring representative government and also considers whether this is enough given the changes that have occurred since last there was devolved government in Northern Ireland. Finally, it examines those aspects of the Agreement that can be developed in line with a view that the constitution should now be seen much less as a structure of rule than a framework for rule within the wider task of democratizing democracy in the new Northern Ireland.

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Schools: Lessons From The Agreement, Jerry Tyrrell, Brendan Hartop, Seamus Farrell Jan 1998

Schools: Lessons From The Agreement, Jerry Tyrrell, Brendan Hartop, Seamus Farrell

Fordham International Law Journal

This article discusses how education will help lead to the success of the Multi-Party Negotiations, which attempt to resolve the conflict in Ireland. Citizenship development can teach values such as tolerance, care, and respect for others as equals. Education can promote movement from the rhetoric to the practice of collaboration and encourage participative democracy. Education can also be a foundation for social harmony.

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Does The Ec Council Directive No. 95/46/Ec Mandate The Use Of Anonymous Digital Currency?, Julia Alpert Gladstone Jan 1998

Does The Ec Council Directive No. 95/46/Ec Mandate The Use Of Anonymous Digital Currency?, Julia Alpert Gladstone

Fordham International Law Journal

This Essay focuses on the relationship between the privacy and the retail payment systems on the Internet. Part I of this Essay reviews several payment mechanisms that are in use or that have been introduced for retail commerce on the Internet. The description is not intended to offer a thorough study of the technology, but rather to highlight the data trail that is created under each method. Part II reviews the relevant statutory and self-regulatory mechanisms that have been applied to the Internet to ensure privacy. This leads to a discussion of the European Community's data protection directive, Council Directive …

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Documentary Credit Law And Practice In The Global Information Age, Jacqueline D. Lipton Jan 1998

Documentary Credit Law And Practice In The Global Information Age, Jacqueline D. Lipton

Fordham International Law Journal

Documentary letters of credit have historically been an important and popular method of payment in international trading transactions. In fact, they have been described as the "lifeblood of international commerce." A number of uniform international practices have developed for their use, many of which are codified in international rules such as Uniform Customs and Practice for Documentary Credits. In the global information age, as the nature of international commerce changes, so too must the operation of such payment mechanisms. With the increase in electronic trading, the "documentary" nature of these credits may require some revision. This Essay examines ways in …

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Rethinking Mcclesky V. Kemp: How U.S. Ratification Of The International Convention On The Elimination Of All Forms Of Racial Discrimination Provides A Remedy For Claims Of Racial Disparity In Death Penalty Cases, Robin H. Gise Jan 1998

Rethinking Mcclesky V. Kemp: How U.S. Ratification Of The International Convention On The Elimination Of All Forms Of Racial Discrimination Provides A Remedy For Claims Of Racial Disparity In Death Penalty Cases, Robin H. Gise

Fordham International Law Journal

This Note addresses U.S. obligations under CERD in the context of racial disparity in the imposition of the death penalty and proposes courses of domestic and international action. Part I examines the historical racial disparity in the imposition of the death penalty in the United States. It discusses the U.S. Supreme Court's decision in McClesky to deny relief to a death row inmate who demonstrated that race influenced whether a death sentence was imposed. Part I also explores the development of CERD and discusses CERD's standard for proving discrimination based on a showing of racially discriminatory effect. Finally, Part I …

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Removing Drug Lords And Street Pushers: The Extradition Of Nationals In Colombia And The Dominican Republic, Joshua H. Warmund Jan 1998

Removing Drug Lords And Street Pushers: The Extradition Of Nationals In Colombia And The Dominican Republic, Joshua H. Warmund

Fordham International Law Journal

This Comment explores the interplay between drug trafficking and extradition policy in the U.S.-Latin American-Caribbean region by focusing upon the recent legal shift in Colombia and the Dominican Republic. Part I describes the status of current international extradition law, focusing on modern extradition policy. In particular, this part details the respective extradition treaties of Colombia and the Dominican Republic with the United States. Part I also explores the roles that these two nations assume trafficking drugs into the United States and highlights the corresponding U.S. anti-drug enforcement response. Finally, Part I examines the challenges that drug trafficking and certain anti-drug …

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The Amsterdam Treaty: Overview And Institutional Aspects, Jean-Claude Piris, Giorgio Maganza Jan 1998

The Amsterdam Treaty: Overview And Institutional Aspects, Jean-Claude Piris, Giorgio Maganza

Fordham International Law Journal

The overall picture presented by the media regarding the two day and two night Amsterdam meeting of the Heads of State and Government in June 1997 was largely negative. The main reason for the negativity was that the Intergovernmental Conference (“IGC”), by failing to agree on Treaty amendments concerning the size of the Commission and the weighting system for qualified majority voting in the Council, supposedly could not produce satisfactory responses as to the need to reform the institutions of the European Union with a view to its next enlargement. Is this picture justified in light of the actual outcome …

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Social Policy And Employment Aspects Of The Treaty Of Amsterdam, Patrick Venturini Jan 1998

Social Policy And Employment Aspects Of The Treaty Of Amsterdam, Patrick Venturini

Fordham International Law Journal

Commenting on employment and social policy gives me the opportunity to start by pointing out how positive the outcome of the Treaty of Amsterdam (or “Treaty”) was in those fields. Indeed, the following four main fields are concerned with substantial extensions or reinforcements of European Community (“EC” or “Community”) competencies and responsibilities following the Amsterdam Summit: employment, social policy, equality between men and women, and fundamental rights and non-discrimination. Last but not least, the strengthening of the co-decision procedure, which is now the principal legislative procedure and requires a joint decision of the Council and the European Parliament, does affect …

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