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Discussion Following The Remarks Of Ms. Coffield And Mr. Frechette, Discussion

Canada-United States Law Journal

biotechnology, agriculture, and food safety--Canada, biotechnology, agriculture, and food safety--United States

Cross-Border Canada/U.S. Cooperation In Investigations And Enforcement Actions, Debra A. Valentine

Canada-United States Law Journal

crossborder investigation and enforcement--Canada and United States

Aviation And Aerospace Law, Paul V. Mifsud, Aaron Schilhaus, William Schmidt, Angeline Chen

The International Lawyer

No abstract provided.

International Institutions, Michael P. Scharf, John Knox, Michelle Mulvena, Chris Potter

The International Lawyer

No abstract provided.

Table Of Contents, Table Of Contents

Canada-United States Law Journal

No abstract provided.

Center News: The Quality Of Courage: A Dialogue With Human Rights Defenders , Sarah C. Aird

Human Rights Brief

No abstract provided.

Investing In China's Telecommunications Market: Reflections On The Rule Of Law And Foreign Investment In China, Leontine D. Chuang

Northwestern Journal of International Law & Business

The lack of clarity in China's investment laws has translated into an investment environment that is often uncertain, risky, and mired in red tape. In fact, there have been cases where foreign corporations have invested in joint ventures following what they thought to be all the requisite guidelines, only to find out after the money had exchanged hands that something was terribly wrong with the entire agreement. A perfect example of this is the birth, development, and eventual demise of the ill-fated China-China-Foreign (hereinafter "CCF") investment vehicles used for investment in China's telecommunications industry in the past few years. This …

Shedding Light On Article 1110 Of The North American Free Trade Agreement(Nafta)Concerning Expropriations: An Environmental Case Study, Jason L. Gudofsky

Northwestern Journal of International Law & Business

By focusing on the provision of Chapter 11 that has elicited the most fervent debate, namely Article 1110 concerning expropriations, this paper attempts to pick through the verbiage regarding, and shed light on, the meaning of Article 1110. To illustrate the discussion, the acquisition of MacMillan Bloedel Limited ("MB"), the then largest forest company in Canada, by Weyerhaeuser Company ("Weyerhaeuser") on November 1, 1999 to create a major global forest company (the "MB Acquisition") is examined.

Russia's Intactable Economic Problems And The Next Steps In Legal Reform: Bankruptcy And The Depoliticization Of Business , William P. Kratzke

Northwestern Journal of International Law & Business

Law reform in Russia proceeds on many fronts. This paper takes the position that the most important legal reforms for Russia are those that eliminate the reward system that encourages economic activity that can be highly inefficient. These legal reforms are an effective bankruptcy law and the de-politicization of business. The two go hand-in-hand. It is the politicization of business that renders Russia's bankruptcy laws ineffective by making non-viable business entities .appear to be solvent. These two reforms, were they adequately implemented, would eliminate rewards for inefficiency. Only when the Russian government-and its people-have removed this reward system can conditions …

China's Accession To The Wto: How Will This Benefit European Undertakings?, Olivier Prost, Song Li Wei

Fordham International Law Journal

China's accession to the World Trade Organization ("WTO") will help open up the Chinese market for European undertakings and will boost China's role as a major partner of the European Community. Accordingly, China's accession primarily can be seen as a factor in liberalizing Sino-European trade relations. China's accession to the WTO also will cause this country to lose progressively its "exception" status. As a result, Europe, on the one hand, will treat China just like its other trading partners, while China, on the other hand, will benefit fully from its WTO membership, not only with regard to its WTO obligations, …

The Wto From The Perspective Of A Developing Country, Ambassador Celso L.N. Amorim

Fordham International Law Journal

This Essay starts by laying out the shortcomings of the WTO. In Part II it lays out the issues at stake in the Seattle Conference. Part III is about the effects of the "Seattle fiasco." Part IV gives the author's views on what a development round should be. Part V asserts that the WTO should promote fair labor standards. Finally, Part VI discusses the prospects for the WTO to address concerns of developing nations.

Privatizing Water Systems: A Primer, Robert Vitale

Fordham International Law Journal

This Essay will discuss the reasons behind the trend of privatizing water systems, explain the basic concepts involved in privatizing water systems, and assess the benefits and challenges of privatization. The private sector has long played an active role in helping governments design, finance, construct, operate, and maintain potable and waste water systems. The 1990s, however, were witness to a dramatic rise in the use of the private sector to supplant--and not merely supplement--the public sector in the water area.

Towards A Functional International Criminal Court: An Argument In Favor Of A Strong Privileges And Immunities Agreement, Lindsay Zelniker

Fordham International Law Journal

Part I of this Note discusses the legal doctrines governing privileges and immunities of U.N. officials and diplomats in international law. Part I also describes the manner in which diplomatic and U.N. privileges and immunities are applied to the ICC. Part II outlines the conflict between the goals of advancing human rights and preserving political sovereignty in international law. Part III argues that the adoption of the Rome Statute compels an international responsibility to achieve the goal of an effective and independent Court. This Note concludes that providing increased privileges and immunities to ICC personnel at the expense of some …

Equal Access To Justice: Comparing Access To Justice In The United States And Other Industrial Democracies, Justice Earl Johnson, Jr.

Fordham International Law Journal

It is time--long past time--for the United States to join the growing international consensus that words like “due process,” “fair hearing,” “equal protection of the laws,” and “equality before the law,” all express a universal principle--a right to equal justice to be enjoyed by everyone. And, as the European Court on Human Rights pointed out, if this right is to be “practical and effective,” and not merely “theoretical or illusory,” then for those unable to afford counsel, the right to equal justice must include the right to a lawyer supplied by government. Why is this so important? As the European …

Legal And Judicial Development: The Role Of Civil Society In The Reform Process, Maria Bakolias

Fordham International Law Journal

While many governments are undertaking reforms that aim to improve judicial and legal systems, there is a growing realization that civil society plays a vital and even necessary role in these efforts. Civil society is critical in these, as well as the reform efforts which are outside of government-initiated programs. Drawing on a few selected examples, this Paper aims to show why civil society is a key player in such reform activities and how civil society has participated in the reform process in selected countries. Specifically, many of these examples are supported by projects financed by the World Bank. The …

Access To Justice In Lithuania, Linas Sesickas

Fordham International Law Journal

This article examines the state of the Lithuanian legal system ten years after its independence and offers suggestions for reforms that would increase citizens' access to justice. The article addresses issues arising from the increasing legal and economic complexity of Eastern Europe and the corresponding increased need for legal advice. Finally, the article notes the difficulty in acheiving individualism and human rights goals while socio-economic disparity is increasing.

The Effect Of Globalization On Domestic Legal Services, Michael Dowdle, E. Clinton Bamberger, Dorchen Leidholdt, Filipe Gonzalez Morales, Lucie White

Fordham International Law Journal

Globalization, in the context of this panel, refers to international, trans-border processes which are not regulated by the international legal framework, either private law or public international law. These processes, these unregulated influences, are having both positive and negative effects and affecting aspects of culture and society which had previously been considered domestic or wholly domestic concerns. This is creating a tension within both the domestic and international environments, and it is this particular tension that this panel seeks to address.

E. Clinton Bamberger, Emeritus Professor of Law, University of Maryland Law School, will speak about how domestic systems in …

Death Is No Parenthesis| Stories, Traver Kauffman

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Subversion Of The Traditional Narratives And Themes In Cronica De Desamor By Rosa Montero, Lillian E. Striker

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Table Of Contents, Journal Of Law And Health

Journal of Law and Health

No abstract provided.

Employer Sponsored Health Benefit Plans Under Erisa After Pegram V. Herdrich: The Fiduciary Duty Argument And Mixed Eligibility Versus Treatment Decisions, Jack E. Karns

Journal of Law and Health

Accordingly, this Article is a rebuttal to the Supreme Court's opinion in Pegram v. Herdrich on the strength of two primary arguments. First, the Seventh Circuit's rationale was on-point and extremely sound in concluding that HMOs do stand as trustees as envisioned by the ESBP and cannot offer kickback payments to physicians simply to increase shareholder wealth at the expense of patient health and welfare. This was a textbook example of breach of fiduciary duty given the medical trust relationship between physician and patient. Had the HMO offered a hedge fund option using securities from firms other than itself, there …

Biomedical And Behavioral Research On Juvenile Inmates: Uninformed Choices And Coerced Participation, Brian Paul Wyman

Journal of Law and Health

The question that will be addressed here is whether juvenile inmates can voluntarily give informed consent to participate in biomedical and behavioral research. Further, can juvenile inmates act voluntarily in the midst of coercion used by researchers to persuade the subjects to participate, and coercion that is inherent in the nature of being a juvenile inmate? Can consent be informed when a juvenile inmate's comprehension and understanding of what biomedical and behavioral research entails is limited by age and maturity level? Finally, even if juvenile inmates are deemed capable to give voluntary informed consent to biomedical and behavioral research, is …

Otterbein Towers Winter 2000, Otterbein Towers

Towers Magazine

What Did You Do for Fun at Otterbein? This issue includes: Life is a (Rock' n'Roll) Cabaret; Otterbein Round Robins Still Flying High; The '99 Common Book Experience; Queen Brooks Art­work for the Visually Impaired; College News; Classnotes; Sports; "O" Club; Milestones; Philanthropy; and Alumni Notes.

Come-Outers And Community Men: Abraham Lincoln And The Idea Of Community In Nineteenth-Century America, Allen C. Guelzo

Civil War Era Studies Faculty Publications

The most eloquent and moving words Abraham Lincoln ever uttered about any community were those "few and simple words" he spoke on the rear platform of the railroad car that lay waiting on the morning of February 11, 1861, to take him to Washington, to the presidency, and ultimately to his death. As his "own breast heaved with emotion" so that "he could scarcely command his feelings sufficiently to commence" (in the description of James C. Conkling), Lincoln declared that "No one, not in my situation, can appreciate my feeling of sadness at this parting." To leave Springfield was to …

2000 Philip C. Jessup, J. Michael Allen Iii, Elizabeth Bosquet, Kristi L. Deason, David R. Pruet

ILSA Journal of International & Comparative Law

The State of Kuraca and the Republic of Senhava have submitted their differences concerning the vaccine trials to the International Court of Justice for resolution through a Special Agreement, in accordance with Article 40(1) of the Statute of the International Court of Justice.

2000 Philip C. Jessup, Alfian Yasrif Kuchit, Sarah Sani, Foo Meng Yeen, Mohd Arif Absul Hamid, Edora Ahmad

ILSA Journal of International & Comparative Law

The Governments of the State of Kuraca and the Republic of Senhava have recognized as compulsory ipsofacto in relation to any other State accepting the same obligation, the jurisdiction of the International Court of Justice in accordance with Article 36, paragraph 2.

Undp's National Execution Modality: On The Road To Turning The Management Of Development Programmes Over To Programme Governments, Francis M. Ssekandi, Peri Lynne Johnson

ILSA Journal of International & Comparative Law

The United Nations Development Programme (UNDP) is the cornerstone of the United Nations efforts in the field of international development cooperation and operates as the central funding and catalytic mechanism of the United Nations development system.

Annual Reports Of The Selectmen, Treasurer, School Board And All Other Officers And Committees For The Town Of Fremont, New Hampshire For The Fiscal Year Ending December 31, 1999., Fremont Town Representatives

Fremont, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Growing Up Segregated, George C. Wright

President Emeritus George C. Wright Speeches

No abstract provided.

Editorial Views: Choosing And Death, Alison Mcchrystal Barnes

Faculty Publications

No abstract provided.