Digital Commons Network^™

The Function Of State And Diplomatic Privileges And Immunities In International Cooperation In Criminal Matters: The Position In Switzerland, Paul Gully-Hart

Fordham International Law Journal

In so far as diplomats are concerned, their immunity from legal process arises under customary international law and treaty law (i.e., the Vienna Convention on Diplomatic Relations,' the Vienna Convention on Consular Relations,2 and the New York Convention on Special Missions' (or "New York Convention")). All three conventions state in their preliminaries that diplomatic immunity and privilege arise from international custom and that their function is not to benefit individuals, but to ensure the smooth and efficient performance of their duties in the interest of comity and of friendly relations between sovereign nations.

Defense Requests For International Judical Assistance: The U.K. Perspective, Christopher Murray

Fordham International Law Journal

The purpose of this Essay is to examine the machinery for providing evidence to defendants in foreign proceedings and the extent to which there is equality of arms and opportunity between the prosecutor and defendant when obtaining evidence from abroad in U.K. proceedings. This Essay will also identify the new problems that are starting to emerge when such equality is threatened. To do so, it explores the mechanism by which mutual assistance is governed in the United Kingdom - the Criminal Justice (International Co-operation) Act of 1990.

Some Thoughts On Restoration, Reintegration And Justice In The Transnational Context, Mark Andrew Sherman

Fordham International Law Journal

This Essay argues that all actors – prosecutors, judges, and defense counsel – should care about what happens to foreign offenders following a judgment of conviction or entrance of a guilty plea, and that transnational correctional processes should be constructed and used to facilitate restoration of the victim and victimized community, and rehabilitation and reintegration of the offender. This is critical because, as in the domestic context, decisions about where and how foreign offenders are to be punished have much to do with whether justice is achieved for victims, affected communities, and offenders.

Extradition, Evidence Gathering, And Their Relatives In The Twenty-First Century: A U.S. Defense Counsel Perspective, Bruce Zagaris

Fordham International Law Journal

The United States is serving as a laboratory to resolve the tension between globalization, rising transnational criminality, and the demand for enhanced human rights. This Essay reviews selected areas of evidence gathering and extradition in transnational crime and closely related areas. The perspective will focus particularly on the rights of defendants.

Inadequacies Of The Oil Pollution Act Of 1990: Why The United States Should Adopt The Convention On Civil Liability, Jaclyn A. Zimmermann

Fordham International Law Journal

This Note addresses the United States' enactment of the Oil Pollution Act as an alternative to the Convention of Civil Liability. Part I describes the history of maritime transport and the development of oil spill liability regulations. Part I also discusses major oil spills and different approaches to assessing liability for clean-up. Part II shifts the focus to OPA and the CLC commentators' reactions to these legislative schemes. Part II explores critics' positions on the effectiveness of OPA and the CLC in handling spill liability. Part III concludes that oil spills are an international problem. Part III advocates that the …

Attacking The Tools Of Corruption: The Foreign Money Laundering Deterrence And Anticorruption Act Of 1999, Juli Fendo

Fordham International Law Journal

This Comment discusses the effect that international organized crime and foreign government corruption has upon money laundering and the resultant need for the FMLDA. Part I discusses the basic elements of money laundering and the criminal actors who launder internationally, and anlyzes existing U.S. legislation designed to combat laundering and problems in the current legislation. Part II explains the legislative history, purpose, and proposed provisions of the FMLDA. Part III advocates adoption of this Act, and argues that the United States should no longer be complicit in the corruption and degradation of foreign governments via U.S. financial institutions.

The Effects Of Deregulation On Competition: The Experience Of The United States, Richard A. Posner

Fordham International Law Journal

Most economists agree that the net effect of the deregulation movement in the United States has been to increase efficiency, with resulting increases in consumer welfare. Because deregulation contemplates the substitution of competition for regulation as the “regulator” of the deregulated markets, deregulation increases the importance of antitrust law as a means of preventing unregulated firms from eliminating competition among themselves by mergers or price-fixing agreements. This is a particularly important point to remind Europeans, in view of the fact that historically antitrust has played a smaller role in European than U.S. law. It is important that ‘competition‘ be understood …

Models Of Securities Regulation In The United States, Arthur B. Laby

Fordham International Law Journal

Parts I and II discuss the regulation of advisers and brokers in the United States through first a historical and then a functional prism. Part III illustrates these two approaches by looking at one particular rule regulating investment advisers — the performance fee rule — which challenges the assumptions I am making about the regulation of advisers and brokers. Part IV discusses recent regulatory initiatives at the SEC in light of these two approaches.

The Concept Of Disclosure Within European Financial Institutions, Peter Nobel

Fordham International Law Journal

I have been asked to make a few remarks regarding Arthur Laby's presentation, but, as everyone knows, it is very hard to discuss anything with the Securities Exchange Commission (“SEC”). As far as I can see, the conceptual interplay of ‘disclosure versus substantive rules,‘ or rather — in its historical order — ‘substantive rules versus disclosure,‘ has not yet been widely discussed in Europe. Let me first set out what I mean by the two approaches as there are probably differences of definition between the United States and Europe, and, indeed, my understanding differs a bit from the one presented …

Project Finance, Public Utilities, And Public Concerns: A Practitioner's Perspective, Nagla Nassar

Fordham International Law Journal

Because of the lack of competition regulation, certain contract provisions attempt to substitute for such vacuum. In an era when private ownership of infrastructure projects is gaining grounds, the need for elaborated competition regulation is more pressing than ever. Private ownership does not necessarily mean personal funding. The more common mode of funding involves a syndicate of banks, which brings a third competing interest to this type of transactions, rendering the need for competition law an essentiality to avoid confusion. The involved interests, while diversified, are not always conflicting. For instance, the continuity of public service is a major concern …

The Contractor's View, Martin Heubel

Fordham International Law Journal

I would like to summarize five key areas of risk the government donor of the concession, financial institutions, or other types of project sponsors are exposed to and the contractors involved, which means the groups who are designing, delivering, and putting into operation those plants and installations for periods generally expected to be twenty, thirty, or thirty-five years. These five risk categories are: first, that the project has to be completed in time, within budget, and has to be kept in operation; second, that the project must generate the cash flow required for the debt service and the return on …

Price Control And Other Regulatory Issues, Helmut Schadow

Fordham International Law Journal

Germany’s complete overhaul of the telecommunications legislation seeks to ensure easy access to the German market and a level playing field for all, based on regulation that is independent and quick to intervene against any abuse of market power, in other words to ensure a sound and predictable investment climate. Our regulation aims to promote competition in the telecommunications sector and to encourage technological and organizational progress at the same time. This policy stands to benefit all: customers, Deutsche Telekom AG, new entrants, the workforce, Germany as a place to do business, and the prospects of the German economy generally. …

More Competition Through Deregulation: The German Tv Market, Ulrich Koch

Fordham International Law Journal

This article introduces the market structure of German television (“TV”). The approach two-fold. First, this article discusses who Bertelsmann is, how we are engaged in the TV business, and how we consider ourselves. Second, this article shows how Bertelsmann is engaged in the TV business throughout Europe. Last afterwards, this article presents some statements with respect to the market structure in the German TV market, which is a strange market from the competition point of view.

The Federal Cartel Office Perspective, Markus Wagemann

Fordham International Law Journal

This article focuses on the German television (“TV”) market from an antitrust perspective, limited to some competition aspects of the technical and program side of the German TV market. On the technical side, we are in a situation of an emerging market for digital TV where a TV household needs a decoder in order to transfer digital TV signals into analog TV signals, because most households still have analog TV sets and also to descramble encrypted pay-TV signals for subscribers. The other issue, the program side, is more what competition authorities are dealing with, in particular the Bundeskartellamt in its …

Antitrust Law And Pay-Tv: The Italian Case, Claudio Cocuzza

Fordham International Law Journal

Television (or “TV”) broadcasting today is in the wake of a critical technological revolution. The development of new technologies is becoming increasingly rapid and the legal scenario is changing daily and sometimes disorganically. Regulation in this field is strictly connected with technology and its evolution. For this reason, it is worthwhile to go through a brief outline of the last and most significant television broadcasting techniques. Distribution of TV “signals” has occurred in Europe and especially in Italy — until the beginning of the present decade — almost exclusively through terrestrial networks, i.e. via etere. This situation means that in …

Defense Strategies Of National Carriers, Romina Polley

Fordham International Law Journal

This Essay will examine strategies implemented by national carriers in the European Union (or ‘EU‘) to preserve their longstanding monopolies that were constructed and protected by Member States against new airlines emerging in the framework of the liberalization of European Community (“EC” or “Community”) air transport. This analysis necessitates an assessment of whether liberalization of air transport in Europe has been a success, and if not, or not completely, what remains to be done to allow new entrants to challenge flag carriers, which still benefit from the advantages attributable to former protectionist regulation.

Deregulation Of Air Transport Agreements, Robert Wolfger

Fordham International Law Journal

This essay briefly discusses the reality that I have experienced in air transport for some time. In this field, the world is still ruled by bilateral air transport agreements. Such bilateral agreements are even in force in Europe. This essay asks several questions. First, what does successful deregulation in Europe really mean? Would deregulation be successful if many low-cost carriers flew throughout Europe and carried mostly point-to-point traffic from point A to B? I personally think that very few routes are suitable for this point-to-point traffic.

Interjurisdictional Competition Within The European Union, Wolfgang Kerber

Fordham International Law Journal

Part I of this Essay shows that two central principles of the EC, namely mobility between Member States and decentralization of economic policies (subsidiarity), imply that Member States and other lower-level jurisdictions necessarily are in competition with one another (locational competition). Part II presents an outline of a theory of interjurisdictional competition that suggests, first, that only a competitive system of jurisdictions can be compatible with both decentralization and mobility and, second, that interjurisdictional competition may be a superior way of supplying public goods and services. Part III argues that the institutional structure of the EC has failed to take …

From World Trade Law To World Competition Law, Freidl Weiss

Fordham International Law Journal

The WTO has become the chosen forum for various trade-related additional policies and provisions such as Trade Related Environmental Measures (‘TREMS‘), TRIMS, TRIPS, and possibly in the future, competition and investment rules. The TRIPS, as is well known, owes its existence to trade-offs with DCs, which have still not been fully implemented. Future additional policies, if controversial, would need to be justified separately on economic grounds, or risk failure. Detailed multilateral competition rules will undoubtedly be adopted one day. I believe, however, that the time is not yet ripe for a comprehensive agreement, except perhaps on the most abstract of …

Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin

Faculty Scholarship

Whatever happened to the study of restitution? Once a core private law subject along with property, torts, and contracts, restitution has receded from American legal scholarship. Few law professors teach the material, fewer still write in the area, and no one even agrees what the field comprises anymore. Hanoch threatens to reverse the tide and make restitution interesting again. The book takes commonplace words such as "value" and "gain" and shows how they embody a society's underlying normative principles. Variations across cultures in the law of unjust enrichment reflect differences in national understandings of sharing, property, and even personhood. As …

Research Methods In Cognition And Emotion, W G. Parrott, Paula T. Hertel

Psychology Faculty Research

In this chapter we critically survey research methods used in the field of cognition and emotion. Research on cognition and emotion addresses a great variety of topics, which include the ways in which emotional states influence cognitive processes, the role of cognition in producing emotion, and folk categories and knowledge of emotion. So great is this variety that a brief chapter cannot address all the research methods that have contributed to the expansion of knowledge that has occurred in recent years; there are too many methods, and many are relevant only to particular specialized topics. Specialized research methods are discussed …

An Investigation Into The Implementation And Performance Of Spectrally Shaped Orthogonal Frequency Division Multiplex, David Lahiri Bhatoolaul

School of Engineering, Computing and Mathematics Theses

Orthogonal Frequency Division Multiplex (OFDM) is a flexible, robust multi-carrier modulation scheme. The orthogonal spectral shaping and spacing of OFDM sub-carriers ensure that their spectra can be over-lapped without leading to undesirable inter-carrier interference. Conventional OFDM systems have non-band limited Sinc(x) shaped subcarrier spectra. An alternative form of OFDM, referred to hereafter as Spectrally Shaped OFDM, employs band limited Nyquist shaped sub-carrier spectra. The research described in this thesis investigates the strengths and weaknesses of Spectrally Shaped OFDM as a potential modulation scheme for future mobile radio applications. From this research a novel Digital Signal Processing architecture for modulating and …

Integration Of Faith And Learning In Christian Higher Education : Professional Development Of Teachers And Classroom Implementation, Constance Chibuzo Nwosu

Dissertations

Problem. Few studies have focused on effective professional development programs that enhance faith-learning implementation in the Christian higher education classroom, and little has been documented about what integration of faith and learning actually looks or sounds like in Christian higher education classrooms.

Purpose. This study had four purposes:

1. To describe the training processes used for preparing teachers in Christian higher education for implementing EFL in the classroom.
2. To compare these methodologies with Jesus’ training methodologies and research-based professional development programs.
3. To understand how teachers in Christian higher education classrooms defined IFL.
4. To identify and document some exemplary practices of faith …

The Relationship Between Religious Beliefs, Moral Development, Self-Control, Peer Pressure, Self-Esteem, And Premarital Sex, Jacynth A. Fennell

Dissertations

Problem. The purpose of this study was to ascertain if there is any relationship between religious beliefs, moral development, self-control, peer pressure, self-esteem, and premarital sex, providing for a comprehensive framework for understanding this phenomenon.

Method. Subjects were 148 undergraduates attending three schools in different geographic regions within the United States. Subjects were primarily between 18 and 25 years old. A survey was completed by 148 students. Data-were analyzed using Analysis of Variance and Independent-Samples t test.

Results. Of the 148 students who participated in the study, 38% were Black, Hispanic, 38% were White, non-Hispanic, 10% were …

Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin

Reviews

Whatever happened to the study of restitution? Once a core private law subject along with property, torts, and contracts, restitution has receded from American legal scholarship. Few law professors teach the material, fewer still write in the area, and no one even agrees what the field comprises anymore. Hanoch Dagan's Unjust Enrichment: A Study of Private Law and Public Values threatens to reverse the tide and make restitution interesting again. The book takes commonplace words such as "value" and "gain" and shows how they embody a society's underlying normative principles. Variations across cultures in the law of unjust enrichment reflect …

Review Of The Repeal Of Reticence: A History Of America's Cultural And Legal Struggles Over Free Speech, Obscenity, Sexual Liberation, And Modern Art, Donald J. Herzog

Reviews

Our public sphere, which should have displayed and preserved the grandeur and beauty of our civic ideals and moral excellences, is instead inane and vacuous when it is not utterly mean, ugly, or indecent (p. 4). Troubled by the tawdry nonsense circulating in the public sphere-and she wrote before learned enquiries into whether the President's genitals had any distinguishing characteristics- Rochelle Gurstein turns to history to understand how we arrived at such a sorry destination. Hers is a tale of decline: The Victorians "we moderns" so routinelyd eridef or theirP uritanicalr epressivenessu nderstoodf ull well that certain things have to …

Beyond The Hero Judge: Institutional Reform Litigation As Litigation, Margo Schlanger

Reviews

In 1955, in its second decision in Brown v. Board of Education, the Supreme Court suggested that federal courts might be called upon to engage in long-term oversight of once-segregated schools. Through the 1960s, southern resistance pushed federal district and appellate judges to turn that possibility into a reality. The impact of this saga on litigation practice extended beyond school desegregation, and even beyond the struggle for African-American equality; through implementation of Brown, the nation’s litigants, lawyers, and judges grew accustomed both to issuance of permanent injunctions against state and local public institutions, and to extended court oversight of compliance. …

Failure And Forgiveness: A Review, James J. White

Reviews

In Failure and Forgiveness, Professor Karen Gross has written two books about bankruptcy. The first book, found in the first nine chapters, describes the bankruptcy law, the bankruptcy system, its operation, and the policies that support that law and system. This first book is written for a lay audience, and it is an admirable exposition of the law and policy. The second book, chapters ten to fifteen, contains several proposals for change in the bankruptcy law and states arguments to justify those proposals. The second book shows Professor Gross to be a kindly socialist, deeply suspicious of free markets and …

Characterisation Of Cytokine Gene Polymorphisms In Patients With Acute Pancreatitis, Kevin Sargen

Peninsula Medical School Theses

Background and Aims Acute Pancreatitis is an inflammatory disorder of varied aetiology and outcome. Tumour necrosis factor (TNF) and interleukin-10 are important mediators of disease pathogenesis. To investigate if the TNF and IL-10 gene loci influence susceptibility to and severity of acute pancreatitis, 135 patients with acute pancreatitis, ethnically matched normal controls, and alcoholics without pancreatic disease were studied. Methods Aetiology was classified as being secondary to alcohol, gallstones, or idiopathic. Patients were stratified into groups according to disease severity by assigning an organ failure score. Three TNF microsatellite loci (TNFa, TNFb, and TNFc), the -308 polymorphism within the TNF …

The Deteriorating Ethnic Safety Net Among Arab Immigrants In Chicago, Louise Cainkar

Social and Cultural Sciences Faculty Research and Publications

No abstract provided.