Digital Commons Network^™

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 …

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.

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.

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 …

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 …

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 …

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 …

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 …

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 …

External Relations Powers Of The European Community, Jacques H.J. Bourgeois

Fordham International Law Journal

As a result both of the way in which the external relations powers of the European Community (“EC” or “Community”) have been organized by the Treaty establishing the European Community (“EC Treaty”) and of the interpretation by the Court of Justice of the European Communities (“ECJ”), an analysis of the evolution of the external relations powers requires distinguishing between powers relating to foreign trade in the strict sense of the terms, i.e., “common commercial policy” under Article 113 of the EC Treaty, and other external relations powers both express and implied. The subject of this contribution is the external relations …

The Structural Behavior Of Homogeneous And Hybrid Stub Columns Under Dynamic Loading Conditions, Chi Ling Pan, Wei Wen Yu

Civil, Architectural and Environmental Engineering Faculty Research & Creative Works

It has been recognized that the mechanical properties of sheet steels and the structural strength of cold-formed steel members can be influenced by strain rate. For studying the local and postbuckling behavior of the stiffened and unstiffened compression elements under dynamic loading condition, 97 stub columns which were assembled from the same material have been tested under different strain rates. In order to study the structural behavior of hybrid cold-formed stub columns, a total of 144 specimens were investigated. In addition, 52 drop silo tests of stub columns were conducted at General Motors Corporation (GM). The results showed that the …

Determination Of Aircraft Orientation For A Vision-Based System Using Artificial Neural Networks, Sanjeev Agarwal, Subhasis Chaudhuri

Electrical and Computer Engineering Faculty Research & Creative Works

An algorithm for real-time estimation of 3-D orientation of an aircraft, given its monocular, binary image from an arbitrary viewing direction is presented. This being an inverse problem, we attempt to provide an approximate but a fast solution using the artificial neural network technique. A set of spatial moments (scale, translation, and planar rotation invariant) is used as features to characterize different views of the aircraft, which corresponds to the feature space representation of the aircraft. A new neural network topology is suggested in order to solve the resulting functional approximation problem for the input (feature vector)-output (viewing direction) relationship. …

Bitterroot Dreams, Yukari Usuda

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

A Spatial Analysis Of Childhood Poverty In Montana: Are Food Programs Reaching The Children?, David E. Highness

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Non-Volatile Dissolved Organic Iodine In Marine Water, Xianhao Cheng

OES Theses and Dissertations

An analytical scheme for the determination of marine DOI has been established. The concentration of DOI is estimated as total iodine (TI) minus total inorganic iodine (TII). The concentration of total iodine is determined as [special characters omitted] after DOI has been oxidized to inorganic iodine quantitatively by intensive UV-irradiation and all the inorganic iodine in the samples had been converted to [special characters omitted] by the addition of NaClO.

Production of DOI in seawater can be via both non-phytoplankton and phytoplankton related processes. In the former, iodide is converted to DOI. In the latter, most likely, iodate is converted …

Intellectual Privacy And Censorship Of The Internet, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

No abstract provided.

Federal Regulation Of Tobacco Products And Products That Treat Tobacco Dependence: Are The Playing Fields Level?, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

Company A is thinking about launching a traditional tobacco product, perhaps a cigarette or a smokeless tobacco confection, with a new ingredient, ingredient level, or ingredient mix that in the past has never been sold. Company B contemplates putting on the market an innovative medication, medical device, or dietary supplement intended to help consumers to free themselves from physical dependence on tobacco products. Company C ponders the possibility of introducing a smoking product whose novelty derives from express or implied marketing claims that the product will decrease or perhaps even eliminate physical dependence on tobacco, or reduce other risks associated …

Sovereignty By Subtraction: The Multilateral Agreement On Investment, Robert Stumberg

Georgetown Law Faculty Publications and Other Works

The proposed Multilateral Agreement on Investment (MAl) represents a major step in the evolution of "sovereignty," which includes the power of a nation-state to govern without external controls. A panelist at the 1998 Cornell International Law journal Symposium introduced the MAl as an example of "multilateral sovereignty" to achieve commonly held goals of global economic integration. This perspective posits that the MAl is an exercise in sovereignty by subtraction, aiming to limit governing power rather than promote its joint exercise.

Its critics call the MAl a "slow motion coup d'etat," a "bill of rights for investors," a threat to sovereignty, …

The Summary Affirmance Proposal Of The Board Of Immigration Appeals, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

The Board of Immigration Appeals is on the verge of making a tragic mistake, trading away a key element of fair adjudication-the written opinion-for the sake of what it hopes will be greater administrative efficiency. The cost of eliminating written adjudication is too great, and the Board has given no indication that it has sufficiently canvassed less drastic alternatives.

The Board of Immigration Appeals (the "Board") is the primary appellate body for immigration law. The "staple" of its work is to decide appeals from decisions of Immigration Judges in removal proceedings, though it also hears appeals in several other categories, …

Annual Survey Of Virginia Law: Constitutional Law, Mark J. Yeager

University of Richmond Law Review

On February 27, 1998, the Supreme Court of Virginia rendered its decision in Town of Madison v. Ford. The court invalidated a town zoning ordinance which had been enacted in 1972. This extreme result was due to an insufficiency in the town council's minutes at the meeting when the ordinance in question was enacted. The minutes did not state the names of all the members present nor how they voted. The court, therefore, found that the ordinance was enacted in derogation of the provisions of article VII, section 7 of the Constitution of Virginia ("section 7").

[Review Of] Mark Perlmutter, Why Lawyers (And The Rest Of Us) Lie & Engage In Other Repugnant Behavior, Sherman L. Cohn

Georgetown Law Faculty Publications and Other Works

This book speaks to the individual lawyer about his or her own practice. It is a self-confession by a leading trial lawyer of his own defalcations: of his own lies, of his own standing by as a more senior member of his law firm deliberately destroyed evidence, of his own giving a convincing argument to a court on a motion when all that he really wanted to do was delay. The stories are intriguing and captivating.

Rediscovering Fuller’S Legal Ethics, David Luban

Georgetown Law Faculty Publications and Other Works

Lon Fuller is the greatest American philosopher to devote serious attention to the ethics of lawyers. Indeed, he is arguably the greatest philosopher since Plato to do so. I don't suggest that Fuller was a philosopher of Plato's magnitude, but it is not preposterous to mention Plato and Fuller in the same breath. Their unique affinity was that both were thinkers whose broader philosophical concerns may plausibly be said to arise from reflections on the craft of law. In Plato's case, the effort to understand forensic argument, and to analyze why opinions about justice might be persuasive without being true, …

J Am Coll Dent 1998 65 2

Journal of the American College of Dentists

The Journal of the American College of Dentists (JACD) publishes scholarly articles, editorials, essays, and reflections addressing the ethical, professional, and social dimensions of dentistry. The Journal serves as a forum for advancing ethics, professionalism, leadership, and excellence within the dental community. By fostering dialogue across disciplines and perspectives, JACD provides readers with insights that encourage ethical, professional practice, lifelong learning, and service to the public, reinforcing dentistry’s commitment to advancing oral healthcare and the common good.

J Am Coll Dent 1998 65 1

Journal of the American College of Dentists

The Journal of the American College of Dentists (JACD) publishes scholarly articles, editorials, essays, and reflections addressing the ethical, professional, and social dimensions of dentistry. The Journal serves as a forum for advancing ethics, professionalism, leadership, and excellence within the dental community. By fostering dialogue across disciplines and perspectives, JACD provides readers with insights that encourage ethical, professional practice, lifelong learning, and service to the public, reinforcing dentistry’s commitment to advancing oral healthcare and the common good.

Zoogeography Of The Gray Wolf In Idaho : A Historical Review, Timmothy J. Kaminski

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Changing Status Of Faculty Women In Public Universities In The Northern Rockies And Deep South 1900-1990, Jill Mccorkle Vahl

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Order And Anomie In University Dormitories : An Ethnography Of Dorm Supervisors, Kimberly S. Bell

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

An Object-Based Evolutionary Algorithm: The Nesting Solution, Kanchitpol Ratanapan, Cihan H. Dagli

Engineering Management and Systems Engineering Faculty Research & Creative Works

The nesting problems have received considerable attention and have been addressed by a variety of algorithms. Recently, evolutionary algorithms have been adopted for solutions. Most of these algorithms, however, require a search in one-dimensional space; thus a transformation of the problem to a single dimension, as in the sequencing problems, is needed. Unfortunately, this restricts the search space. In this study an object-based evolutionary algorithm for the nesting problems is proposed. The methodology is created in a true two-dimensional space, allowing object-based mechanisms and object-based evolutionary operators to perform effectively on the space without restricting search alternatives. Implementation of the …

A Robust Unit Commitment Algorithm For Hydro-Thermal Optimization, Chao-An Li, R. B. Johnson, A. J. Svoboda, Chung-Li Tseng, E. Hsu

Engineering Management and Systems Engineering Faculty Research & Creative Works

This paper presents a unit commitment algorithm which combines the Lagrangian relaxation (LR), sequential unit commitment (SUC), and optimal unit decommitment (UD) methods to solve a general hydro-thermal optimization (HTO) problem. We argue that this approach retains the advantages of the LR method while addressing the method''s observed weaknesses to improve overall algorithm performance and quality of solution. The proposed approach has been implemented in a version of PG&E''s HTO program, and test results are presented.

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 …