Digital Commons Network^™

International Commercial Transactions: 1998, Peter Winship

Faculty Journal Articles and Book Chapters

No abstract provided.

Long Live The Bill Of Rights! Long Live Akhil Reed Amar's The Bill Of Rights!, Lackland H. Bloom Jr.

Faculty Journal Articles and Book Chapters

Akhil Reed Amar's volume, The Bill of Rights: Creation and Reconstruction ("The Bill of Rights"), deserves to sit on every constitutional scholar and lawyer's shelf along with such other contemporary classics as Alexander Bickel's The Least Dangerous Branch, Charles Black's Structure and Relationship in Constitutional Law, John Hart Ely's Democracy and Distrust, and Philip Bobbitt's Constitutional Fate. This book builds on two of the most breathtaking and important law review articles of the past decade-Professor Amar's The Bill of Rights as a Constitution, and The Bill of Rights and the Fourteenth Amendment. Professor Amar's contributions to constitutional scholarship are of …

Nea V. Finley: A Decision In Search Of A Rationale, Lackland H. Bloom Jr.

Faculty Journal Articles and Book Chapters

Debate has raged over whether Congress can constitutionally restrict, or at least influence, the ability of the National Endowment for the Arts (“NEA”) to award grants to artists and institutions for the creation or display of art work that a significant segment of the public would consider highly offensive. In the October 1997 Term, the Supreme Court, by an 8-1 margin in NEA v. Finley, upheld section 954(d), a 1991 congressional amendment to the NEA Act that requires the Chairperson of the NEA to ensure that, in establishing regulations and procedures for assessing artistic excellence and artistic merit, “general standards …

Crossing The Threshold: Examining The Abatement Of Public Nuisances Within The Home, Mary B. Spector

Faculty Journal Articles and Book Chapters

The Article suggests an approach courts should use when considering whether to abate a public nuisance within a home that is consistent with the goals and purposes of traditional public nuisance law as well as modern approaches to the regulation of individual rights and property. Part I provides the background for the analysis as it examines the common law origins of public nuisance law and the expansion of the equitable remedy of abatement. It also contrasts the law of public nuisance with the law of civil forfeiture. Although the law of civil forfeiture also permits uncompensated seizure of property connected …

Environmental Ethics And Our Moral Relationship To Future Generations: Future Rights And Present Virtue, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

A central issue in environmental ethics is characterization of our “moral relationship” to future generations. What, if any, obligations do we owe to the future? How should our present actions be influenced by their impact on the future?

The purpose of this article is to characterize and hopefully clarify certain aspects of this “moral relationship.” First, the article identifies those distinctive qualities that distinguish a moral analysis of our relationship to future generations from the moral analysis that will apply to an assessment of our actions on our own generation. It suggests that the issue of our moral relationship to …

Some Keys To The Nba Lockout, Grant M. Hayden

Faculty Journal Articles and Book Chapters

This article addresses two central issues regarding the 1998-99 National Basketball Association (“NBA”) lockout: 1) its impact on labor law doctrine and 2) what it reveals about the state of labor relations in the United States. The author concludes that, while the use of the traditional lockout weapon did not break any new ground in the area of labor law, the unique attributes of the NBA labor dispute provide insight into the condition of the American labor movement and public perceptions of unions. In particular, the author notes that the NBA lockout highlights both the dramatic differences in the power …

The Limits Of Social Choice Theory: A Defense Of The Voting Rights Act, Grant M. Hayden

Faculty Journal Articles and Book Chapters

This Article presents a defense to the challenge that social choice theory presents to voting rights. Arrows theorem, the crown jewel of social choice theory, holds that no voting procedure that meets some minimal conditions of democratic fairness can ensure transitive, meaningful outcomes. The theorem provides a powerful argument against the ability of any court to devise objective vote dilution standards. Because such standards are now a necessary element of claims under section 2 of the Voting Rights Act, Arrows theorem may be viewed as a fundamental threat to the viability of all such claims. The defense of voting rights …

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 17, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Who Authors Trademarks?, Steven Wilf

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Right To Know?: Delimiting Database Protection At The Juncture Of The Commerce Clause, The Intellectual Property Clause And The First Amendment, Malla Pollack

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Is Originality In Copyright Law A "Question Of Law Or A Question Of Fact?": The Fact Solution, Julia Reytblat

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Bringing Dignity Back To Light: Publicity Rights And The Eclipse Of The Tort Of Appropriation Of Identity, Jonathan Kahn

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Insurance And Management Of Intellectual Property Risks, Melvin Simensky, Eric C. Osterberg

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Clear Signatures, Obscure Signs, Adam White Scoville

Cardozo Arts & Entertainment Law Journal

No abstract provided.

When Does A Work Infringe The Derivative Works Right Of A Copyright Owner?, Amy B. Cohen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

An Elegant But Incomplete Analysis Of Delegation, David Schoenbrod

Other Publications

No abstract provided.

Calling To Account, Stephen Ellmann

Other Publications

No abstract provided.

A True Crime: A Review Of Janet Malcolm, The Crime Of Sheila Mcgough (Book Review), Michael Ariens

Faculty Articles

No abstract provided.

Ranking Specialized Law Reviews: A Methodological Critique, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

No abstract provided.

Import Of Nuclear Encoded Trnas Into The Mitochrondria Of Trypanosoma Brucei., Audra Elika Yermovsky-Kammerer

All ETDs from UAB

No abstract provided.

Cytokine Profiles And Their Relevance To Human Transplantation, Nicola Helen Cartwright

Other Faculty of Health Theses

The aim of this project was to develop an in vitro functional assay for the prediction of allograft rejection following renal transplantation. This assay was also used to study acute GVHD following identical sibling bone marrow transplantation. Lymphocyte cytokine profiles were measured by ELISA (protein secretion) and flow cytometry (cytokine expression) following mitogen stimulation and MLR. In normal individuals, considerable inter-individual variations were found in both protein secretion (IL-2, IL- 4, IL-10 and IFN-γ) and cytokine expression (IL-2 and IFN-γ). Strong relationships were found between IL-2 protein and expression, IL-2 and IL-10 protein, and IL-10 and IFN-γ protein secretion. Analysis …

Single Cell Gel Electrophoresis-Based Investigations Of Uvr- And Visible Light-Induced Single Strand Breakage In Cultured Human Cells, Jeremy Fraser Kendall

Other Faculty of Health Theses

Single strand breaks induced by very low fluence UVR (20 µW cmˉ² , 310 nm) and visible light (70 µW cmˉ² , 405 nm) and higher fluence unfiltered xenon arc lamp radiation (3 mW cmˉ² ) were measured by single cell gel electrophoresis. The normal responses of 6 cell lines to the low fluence radiation show a peak in single strand breaks after approximately 2 minutes, after which time the single strand breakage returns to background levels despite continued irradiation. This was not observed with the higher fluence irradiation. The repair of these single strand breaks was observed to be …

Drug Resistance Studies-Implications Of Daunorubicin In-Vitro Systems, Gj Sewell, V Munoz, M Priston, A Prentice

School of Health Professions

No abstract provided.

Immunogenetics Of Type 1 Diabetes In Man, Andrea Dawn Hodgkinson

Other Faculty of Health Theses

Genetic susceptibility to type 1 diabetes is associated with the major histocompatibility complex (MHC) on human chromosome 6. To analyse the contribution of the class I region of the MHC to disease susceptibility, polymorphism of the class Ib molecule HLA-E and several genetic markers within the region was investigated in 378 British Caucasoid patients with type 1 diabetes as defined by the National Diabetes Group, 100 multiplex families from the BDA Warren Repository and 216 unselected normal British Caucasoid controls. PCR-Sequence-Specific Oligonucleotide Probing (PCR-SSOP) was used to analyse polymorphism of the HLA-E gene, Restriction Fragment Length Polymorphism analysis was used …

Balancing The Need For Repatriation Of Illegally Removed Cultural Property With The Interests Of Bona Fide Purchasers: Applying The Unidroit Convention To The Case Of The Gold Phiale, Ian M. Goldrich

Fordham International Law Journal

This Comment explores the various legal methods designed to protect cultural property and to prevent its illegal removal. Part I examines both international and U.S. efforts to prevent illegal removals of cultural property. This Part briefly outlines the history of cultural property protection, focusing upon the first international agreements to contain cultural property protections and their failure during World Wars I and II. Part I also explores post-World War II international efforts to protect cultural property during both peacetime and war. Finally, Part I analyzes U.S. efforts to prevent the importation of illegally removed cultural property through the application of …

U.S.-Russian Mutual Legal Assistance Treaty: Is There A Way To Control Russian Organized Crime?, Eugene Solomonov

Fordham International Law Journal

This Comment analyzes U.S. and Russian bilateral cooperation in fighting organized crime and the difficulties associated with this fight. Part I of this Comment presents the historical development of Russian organized crime, its domestic effects, and its internationalization, particularly in the United States. Part I also highlights the Russian government's legislative attempts to combat organized crime. Finally, Part I examines examples of international bilateral cooperation, such as that between Israel and the United States, which can be emulated by the Russian and U.S. authorities. Part II analyzes the existing Mutual Legal Assistance Agreement (“MLAA”) between the United States and the …

Israel, Palestine, And The Olso Accords, Jillallison Weiner

Fordham International Law Journal

This Comment addresses the Middle East peace process, focusing upon the relationship between Israel and Palestine. Part I discusses the background of the land that today comprises the State of Israel and its territories. This Part summarizes the various accords and peace treaties signed by Israel, the Palestinians, and the other surrounding Arab Nations. Part II reviews commentary regarding peace in the Middle East by those who believe Israel needs to surrender more land and by those who feel that Palestine already has received too much. Part II examines the conflict over the permanent status negotiations, such as the status …

Never Again?, Sven Alkalaj

Fordham International Law Journal

This article argues that the international community must learn from the genocide in Bosnia and Herzegovina in order to prevent history from repeating itself. It highlights that firm action must be taken to punish the perpetrators of genocide as soon as it is discovered and urges the establishment of a permanent international criminal court. Next it exposes the weaknesses of the ICTY in its inability to apprehend those that were indicted. Finally, it recommends measures that individual nations should implement at a domestic level.

Prosecution And Punishment Of The Crime Of Genocide, Johan D. Van Der Vyver

Fordham International Law Journal

Part I of this Article scrutinizes the current definition of genocide in view of its theoretical circumscription in the Genocide Convention and with special reference to the judgment of the International Criminal Tribunal for Rwanda in Prosecutor v. Akayesu. Part II considers the validity and the application of the principle of universal jurisdiction to the crime of genocide, and the consequent duty of states to bring perpetrators of genocide to justice. Part III focuses on the jurisdiction ratione materia of the ICC regarding the crime of genocide. Part IV will pay special attention to the prosecution of genocide in the …

Nato's Actions To Uphold Human Rights And Democratic Values In Kosovo: A Test Case For A New Alliance, Sergio Balanzino

Fordham International Law Journal

On NATO's fiftieth anniversary, we were faced with an unexpected choice: we had to decide whether the notion of common values is only rhetorical flourish or whether it carries real meaning. We made our choice. We decided that values do not only have to be preached, but also upheld. The essay will recount the events leading up to the deteriorating situation in Kosovo and outline the reasons for NATO's decision to take action. Next it will evaluate NATO's success in light of its humanitarian and military goals. Finally it will examine the challenges facing Kosovo and NATO in the future.