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1999

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A True Crime: A Review Of Janet Malcolm, The Crime Of Sheila Mcgough (Book Review), Michael Ariens Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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.


The Icc's New Legal Landscape: The Need To Expand U.S. Domestic Jurisdiction To Prosecute Genocide, War Crimes And Crimes Against Humanity, Douglass Cassel Jan 1999

The Icc's New Legal Landscape: The Need To Expand U.S. Domestic Jurisdiction To Prosecute Genocide, War Crimes And Crimes Against Humanity, Douglass Cassel

Fordham International Law Journal

The United States was one of only seven nations to vote against the treaty. The ensuing debate within the United States has properly focused on whether the United States can and should ratify the treaty or, if not, whether as a non-party the United States should support or oppose the new court. Largely overlooked, however, are two separate but related questions: (1) should the existing, incomplete jurisdiction of U.S. courts over crimes within the ICC Statute be expanded to ensure that such crimes may also be prosecuted in U.S. courts, under universal jurisdiction or other bases allowed by international law?; …


Regina V. Bartle And The Commissioner Of Police For The Metropolis And Others Ex Parte Pinochet: Universal Jurisdiction And Sovereign Immunity For Jus Cogens Violations, Jodi Horowitz Jan 1999

Regina V. Bartle And The Commissioner Of Police For The Metropolis And Others Ex Parte Pinochet: Universal Jurisdiction And Sovereign Immunity For Jus Cogens Violations, Jodi Horowitz

Fordham International Law Journal

This Comment analyzes the recent House of Lords decision that did not recognize that universal jurisdiction existed over jus cogens crimes before the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Convention against Torture” or “Convention”) came into effect, and therefore did not consider Senator Pinochet's acts of torture committed prior to the existence of the Convention. Part I discusses the atrocities committed in Chile, and examines the legal doctrines applicable to prosecuting Senator Pinochet. In this light, Part I discusses the development of universal jurisdiction and its applicability to human rights violations. Part I also …


The Maturation Of Italy's Response To European Community Law: Electric And Telecommunication Sector Institutional Innovations, Patrick Del Duca, Duccio Mortillaro Jan 1999

The Maturation Of Italy's Response To European Community Law: Electric And Telecommunication Sector Institutional Innovations, Patrick Del Duca, Duccio Mortillaro

Fordham International Law Journal

After briefly describing the essential mandates of the relevant EC directives, this Article discusses the novel-for-Italy independent regulatory commissions that are critical to the developing competitive frameworks for electricity and telecommunication. It then reviews applicable substantive law for each of the electricity and telecommunication sectors, and offers examples of how the independent regulatory commissions are working to shape competitive markets. Italy's independent regulatory commissions have resulted in a reorganization of its electric and telecommunication sectors quite different than that contemplated as recently as the early 1990s. Italy's creation of its new independent regulatory commissions, as well as the mixed experience …


The Republic Of Turkey In Europe: Reconsidering The Luxembourg Exclusion, Patrick R. Hugg Jan 1999

The Republic Of Turkey In Europe: Reconsidering The Luxembourg Exclusion, Patrick R. Hugg

Fordham International Law Journal

The EU's rebuff of Turkey's application for accession represents more than a missed opportunity to strengthen and deepen the relationship between these two related spheres. Indeed, the lack of finesse--the unnecessarily impolitic form of the rejection--propels Turkey in the opposite direction. The old assumption that relations with Europe were of primary importance is “subject to increasingly critical examination.” Acknowledging that Turkey may not be ready for accession in the next wave, the EU should have pursued some less antagonizing route. The premature decision to begin negotiations with Cyprus only intensifies the conflict.


Terminal Dues Under The Upu Convention And The Gats: An Overview Of The Rules And Of Their Compatibility, Alessandra Perrazzelli, Paolo R. Vergano Jan 1999

Terminal Dues Under The Upu Convention And The Gats: An Overview Of The Rules And Of Their Compatibility, Alessandra Perrazzelli, Paolo R. Vergano

Fordham International Law Journal

Technical issues pertaining to re-mailing and terminal dues are not within the scope of this analysis. Similarly, no reference will be made to otherwise crucial aspects of the EC's competition law arising from REIMS II and the matters that are currently being litigated in the European Court of Justice. Our attention will focus on a potential conflict that has only recently been considered. This issue of legal compatibility relates to the necessity that terminal dues be measured against the fundamental “Most-Favored-Nation” (“MFN”) principle of the World Trade Organization (“WTO”) as provided by the General Agreement on Trade in Services (“GATS”).


Modernization Of Ec Competition Law: Reform Of Regulation No. 17, Alexander Schaub Jan 1999

Modernization Of Ec Competition Law: Reform Of Regulation No. 17, Alexander Schaub

Fordham International Law Journal

Ladies and Gentlemen, at last year's conference I presented to you a wide variety of ongoing and proposed reforms with which the European Union intends to meet actual and future challenges for its competition policy. Today, one year later, we have made considerable progress in many respects. Most importantly, with our White Paper of 28 April 1999, we have launched the process for a fundamental reform of the rules implementing Articles 81 and 82 of the Treaty establishing the European Community (‘EC Treaty‘), which are currently laid down in Council Regulation No. 17. Anticipating your expectations and my fellow panelists' …


Trips To Thailand: The Act For The Establishment Of And Procedure For Intellectual Property And International Trade Court, Andrea Morgan Jan 1999

Trips To Thailand: The Act For The Establishment Of And Procedure For Intellectual Property And International Trade Court, Andrea Morgan

Fordham International Law Journal

This Comment examines the extent to which the Intellectual Property and International Trade Court (IPIT) satisfies the intellectual property enforcement provisions of Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). Part I presents the legal environment of intellectual property in Thailand before TRIPs, the background of TRIPs, and the enforcement requirements of TRIPs. Part II discusses the legislation creating the IPIT Court, and assesses the enforcement procedures as prescribed by the legislation that created the IPIT Court and as employed by the IPIT Court. Part III argues that the IPIT Court is a positive development because it reduces conflict …


Protecting The Rights Of Pediatric Research Subjects In The International Conference On Harmonisation Of Technical Requirements For Registration Of Pharmaceuticals For Human Use, Ann E. Ryan Jan 1999

Protecting The Rights Of Pediatric Research Subjects In The International Conference On Harmonisation Of Technical Requirements For Registration Of Pharmaceuticals For Human Use, Ann E. Ryan

Fordham International Law Journal

This Comment argues that the parties to the International Conference on Harmonization of Technical Requirements for Regulation of Pharmaceutical Drugs (ITCH) should adopt more specific guidelines for pediatric research than those included in its Good Clinical Practice Guidelines (ICH GCP), and analyzes their attempt to do so in the Draft Guideline on Pediatric Trials. Part I of this Comment outlines the genesis of the current international guidelines for human research and how they relate to pediatric subjects. Part I also explains the human research guidelines of the three principal members of the ICH. Part II describes the function of the …


State, Sovereignty, And Taiwan, Y. Frank Chiang Jan 1999

State, Sovereignty, And Taiwan, Y. Frank Chiang

Fordham International Law Journal

Two separate statements made by the high officials of the two Chinese governments in 1999 call into question the sovereignty of Taiwan. These two statements relate to the sovereignty of Taiwan. The first raises the question whether Taiwan is a sovereign state. The second statement raises the question whether China has sovereignty over Taiwan. This Article concludes that although Taiwan is a civil society, it is not a state, and offers a solution in the form of a referendum by the people in Taiwan with an international guarantee of its result. The article suggests that the U.S. and other governments …


Humanitarian Intervention: Could The Security Council Kill The United Nations?, Inocencio Arias Jan 1999

Humanitarian Intervention: Could The Security Council Kill The United Nations?, Inocencio Arias

Fordham International Law Journal

Will 1999 be an annus horribilis (‘horrible year‘) for the United Nations? Some tend to believe the answer is yes. U.N. Secretary General Kofi Annan's important yet controversial speech awhile ago is a timely warning. Criticism of U.N. inaction, inefficiency, and indolence in the case of Kosovo, and, to a certain extent, and even more surprisingly, in East Timor is widespread. The fact that the organization may only act, however, when the U.N. Member States agree is often overlooked. This Essay explores the U.S. attitude toward the U.N., institutional imbalances within the U.N., and possible solutions to problems that arise …


A Critical Review Of The White Paper On The Reform Of The Ec Competition Law Enforcement Rules, Mario Siragusa Jan 1999

A Critical Review Of The White Paper On The Reform Of The Ec Competition Law Enforcement Rules, Mario Siragusa

Fordham International Law Journal

This Essay discusses concerns raised by the core proposal in the Commission of European Communities' (“Commission”) recently published White Paper on Modernisation of the Rules Implementing Articles 85 and 86 of the Treaty establishing the European Community (“White Paper”), namely the ending of the authorization and notification system.


Economic Incentives In Representing Publicly-Funded Criminal Defendants In England's Crown Court, Peter W. Tague Jan 1999

Economic Incentives In Representing Publicly-Funded Criminal Defendants In England's Crown Court, Peter W. Tague

Fordham International Law Journal

The flux now engulfing the way in which the defenders of indigent criminal defendants are compensated in England's Crown Court provides a sober lesson for U.S. lawyers. Once, U.S. lawyers, who themselves are appointed to represent indigent defendants, could have cited English practice to support a hefty increase in the meager compensation they receive in many jurisdictions. Spiraling costs in England, however, have brought dramatic changes, and have occurred in a rush. This essay explores compensatory schemes, incentives to reduce the cost of case resolution, and methods to ensure adequate advocacy.


Humanitarian And Legal Aspects Of The Crisis In Chechnya, Yuri V. Ushakov Jan 1999

Humanitarian And Legal Aspects Of The Crisis In Chechnya, Yuri V. Ushakov

Fordham International Law Journal

Russia's position and intentions regarding the settlement of the situation in the Chechen Republic (or “Republic”) are transparent and based on principle. We have nothing to hide. First, I will cover some points regarding the genesis of the tragic chain of events in and around Chechnya. The essay then discusses the merits of the antiterrorist operation in response to the 1999 mutiny of Chechen terrorists.


Some Reflections On The One-China Principle, Su Wei Jan 1999

Some Reflections On The One-China Principle, Su Wei

Fordham International Law Journal

There is but one China in the world. Taiwan is a part of China and the Government of the People's Republic of China is the sole legal government representing the whole of China. This is the basic content of the one-China principle. As one of the world's few time-honored countries, China has fine traditions and a brilliant civilization that can be traced back to ancient times. Such a civilization and traditions have nourished a Chinese culture of national unity as well as a set of values cherishing and defending unity. Deeply rooted in these Chinese cultural and philosophical backgrounds, the …


U.S. Securities Law For International Financial Transactions And Capital Markets, Richard T. Mcdermott Jan 1999

U.S. Securities Law For International Financial Transactions And Capital Markets, Richard T. Mcdermott

Fordham International Law Journal

This book review assesses Guy P. Lander's two-volume work on U.S. Securities Law for International Financial Transactions and Capital Markets. The review finds Landers’ volumes reliable and complete, believing that they will be utilized in much the same manner and with the degree of regularity with which such established treatises as the Lipton and Steinberger work, Takeovers & Freeze-Outs, are consulted. The present state of U.S. securities laws and their application to international transactions are presented in a logical and instructive fashion. The material is presented with clarity, but without oversimplification.


Canada's Approach To Jurisdiction Over Cybertorts: Braintech V. Kostiuk, Daniel P. Schafer Jan 1999

Canada's Approach To Jurisdiction Over Cybertorts: Braintech V. Kostiuk, Daniel P. Schafer

Fordham International Law Journal

This comment explores a judgment in Texas against a Canadian defendant and corresponding suit in Canada seeking to enforce the judgment. The ultimate determination was significant, representing the first time that a Canadian appellate court addressed the impact of the Internet on a Court's adjudicatory decision. The comment explores the difficulty that the internet poses to the doctrine of recognition and enforcement of foreign judgments.


U.S. Mutual Assistance To Colombia: Vague Promises And Diminishing Returns, Luz Estella Nagle Jan 1999

U.S. Mutual Assistance To Colombia: Vague Promises And Diminishing Returns, Luz Estella Nagle

Fordham International Law Journal

This Article addresses mutual assistance between the United States and Colombia and the issues surrounding the drug war. Part I examines past and present cooperative agreements, the goals of the agreements in the context of national and regional security, and the reasons the agreements have or have not succeeded. Part II discusses current U.S. aid policy toward Colombia and the problems the United States will face if assistance proceeds as planned. Part III presents a critical view of Colombia as a nation unable to deal successfully with its many political, social, and moral crises, and incapable of living up to …