Digital Commons Network^™

Energy Metabolism In Uncoupling Protein 3 Gene Knockout Mice, A. Vidal-Puig, D. Grujic, C. Zhang, T. Hagen, O. Boss, Y. Ido, A. Szczepanik, Jennifer Wade, V. Mootha, R. Cortright, D. M. Muoio, B. B. Lowell

Biology Faculty Publications

Uncoupling protein 3 (UCP3) is a member of the mitochondrial anion carrier superfamily. Based upon its high homology with UCP1 and its restricted tissue distribution to skeletal muscle and brown adipose tissue, UCP3 has been suggested to play important roles in regulating energy expenditure, body weight, and thermoregulation. Other postulated roles for UCP3 include regulation of fatty acid metabolism, adaptive responses to acute exercise and starvation, and prevention of reactive oxygen species (ROS) formation. To address these questions, we have generated mice lacking UCP3 (UCP3 knockout (KO) mice). Here, we provide evidence that skeletal muscle mitochondria lacking UCP3 are more …

Expression Of Human Α2-Adrenergic Receptors In Adipose Tissue Of Β3-Adrenergic Receptor-Deficient Mice Promotes Diet-Induced Obesity, P. Valet, D. Grujic, Jennifer Wade, M. Ito, M. C. Zingaretti, V. Soloveva, S. R. Ross, R. A. Graves, S. Cinti, M. Lafontan, B. B. Lowell

Biology Faculty Publications

Catecholamines play an important role in controlling white adipose tissue function and development. β- and α2-adrenergic receptors (ARs) couple positively and negatively, respectively, to adenylyl cyclase and are co-expressed in human adipocytes. Previous studies have demonstrated increased adipocyte α2/β-AR balance in obesity, and it has been proposed that increased α2-ARs in adipose tissue with or without decreased β-ARs may contribute mechanistically to the development of increased fat mass. To critically test this hypothesis, adipocyte α2/β-AR balance was genetically manipulated in mice. Human α2A-ARs were transgenically expressed in the adipose tissue of mice that were either homozygous (−/−) or heterozygous (+/−) …

Reflections After Seattle, Renato Ruggiero

Fordham International Law Journal

The WTO cannot operate in isolation from the concerns of the world in which it exists. Our ability to advance trade, build a stronger system, and move forward in a new round will hinge on our ability to make simultaneous progression on these issues. How do we do this? First, we must move toward a more collective leadership, one that reflects the reality of a multipolar world and especially the emergence of developing-country powers. Second, we need to look at the policy challenges we face as pieces of an interconnected puzzle. Third, we need a new forum for the management …

The Future Of The Wto And The Reform Of The Anti-Dumping Agreement: A Legal Perspective, Konstantinos Adamantopoulos, Diego De Notaris

Fordham International Law Journal

This short contribution aims at identifying certain provisions of the Agreement that might be considered for amendment, in light of the general principles that, in our view, should inspire the reform of the ADA. Part I below deals with such general principles; Part II sets out suggestions concerning the determination of the product scope in an anti-dumping investigation; Part III deals with Article 5 of the ADA (initiation of the investigation); Part IV is concerned with amendments to Article 2 ADA (dumping); Part V deals with Article 3 ADA (injury); Part VI concerns the reform of Article 11 ADA (reviews …

Marxist Origins Of The "Anti-Third World" Claim, Raj Bhala

Fordham International Law Journal

This Essay is an experiment — a try-out — of an argument. The argument concerns what I regard to be the most serious of the claims made by the critics, namely, the claims concerning the relationship between the WTO and international trade law, on the one hand, and the Third World, on the other hand. The claim is this: the WTO is anti-development, and international trade law helps tilt the playing field on which the great game of trade is played against developing countries. It is the "most serious" of the claims, I think, because the giant and still growing …

Bargaining In The Shadow Of The Law: Early Settlement In Gatt/Wto Disputes, Marc L. Busch, Eric Reinhardt

Fordham International Law Journal

This Essay proceeds in four steps. Part I summarizes the quantitative evidence on the pattern of escalation and outcomes of more than 600 GATT/WTO disputes from 1948 through 1999. Part II elaborates on our theory of settlement bargaining within the context of an institution lacking enforcement power and shows how the hypotheses are consistent with the evidence introduced earlier. Part III discusses the theory's expectations regarding the effect of the 1989 and 1995 dispute settlement reforms and likewise compares those predictions with the evidence. Part IV highlights the implications of our perspective for proposed future reforms dealing with transparency and …

Pax Mercatoria: Globalization As A Second Chance At "Peace For Our Time", Jim Chen

Fordham International Law Journal

This Essay completes a scholarly cycle in which I have defended free trade and international economic cooperation against charges that globalization will harm the environment and drain jobs from the high-wage economies of western Europe, Japan, and the United States. The demolition of geographic and social barriers since the end of the Cold War has delivered not only material wealth but also physical tranquility, political stability, and personal freedom to vast portions of the world's population. The path to peace lies today, as it did in 1938, not in a retreat to obsolete notions of local sovereignty, but in a …

The Wto Dispute Settlement System---A Practitioner Perspective, Mark Clough

Fordham International Law Journal

The purpose of this Essay is to discuss the areas in which the World Trade Organization dispute settlement system may be improved in light of the first five years of experience from the practitioner point of view, and in particular, practitioners advising business or governments acting on behalf of domestic businesses. Key reforms relating to implementation and compensation may not necessarily require an amendment to the Understanding on Rules and Procedures Governing the Settlement of Disputes, since they could be answered by changes in practice.

A Journey From Havana To Paris: The Fifty-Year Quest For The Elusive Multilateral Agreement On Investment, Riyaz Dattu

Fordham International Law Journal

This Essay begins with a survey of the protection afforded to foreign investors under customary international law. This survey serves to demonstrate that the changing international political and social order, and international economic forces, affect the formulation of the standard of protection and compensation afforded to investors under international law. Next, the Essay traces the history of the post-World War II attempts to negotiate multilateral investment protection measures as part of the Havana Charter. As a result of the failure to implement the Havana Charter, negotiations over investment measures did not make their way into the General Agreement on Tariffs …

Homage To A Bull Moose: Applying Lessons Of History To Meet The Challenges Of Globalization, Theodore R. Posner, Timothy M. Reif

Fordham International Law Journal

It would appear that some critics' cure for the World Trade Organization (“WTO”) is to build it up, while for others, the cure is to tear it down, or at least to diminish its competence. This seeming contradiction makes it difficult to assess and respond to legitimate criticisms of the WTO. The purpose of this Essay is to address this apparent conundrum. In particular, we attempt to shed light on it by (1) describing the nature of the imbalance that exists in the world trading system today (Part I); (2) offering an historical and legal framework for understanding the seemingly …

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, …

Wto Blue-Green Blues: The Impact Of U.S. Domestic Politics On Trade-Labor, Trade-Environment Linkages For The Wto's Future, Gregory Schaffer

Fordham International Law Journal

Part I of this Article provides a brief overview of the dominant discourse on linkages, which focuses on whether World Trade Organization (“WTO”) rules should be modified (or interpreted) to permit trade restrictions on environmental and labor rights grounds. Those fully familiar with the competing conventional approaches to trade-environment and trade-labor debates may either skim Part I or move directly to Part II. Parts II through V examine the political economy of trade-environment and trade-labor policy, particularly in the United States. Part II addresses the politics of trade-environment agenda setting and the reasons why U.S. critics more likely direct their …

Presumed Guilty?: Criminal Justice And Human Rights In Mexico, Luke Mcgrath

Fordham International Law Journal

This Report is divided into five parts, which track the main issues that the mission examined. Part I examines the arbitrary arrest and detention practices that are widespread in Mexico. Part II explores the conditions and standards that lead to the taking of coerced confessions, as well as the ready use of such confessions at trial. In Part III, this Report turns to issues relating to legal representation in Mexico, especially the denial of access to counsel at critical points of the criminal process. The intimidation of defense attorneys, persons of confidence, and human rights advocates furnishes the subject of …

Adjudicating Disappearance Cases In Turkey: An Argument For Adopting The Inter-American Court Of Human Rights' Approach, Irum Taqi

Fordham International Law Journal

This Note examines the different approaches of the European and Inter-American Courts in assessing state liability for a violation of the right to life in disappearance cases. Part I discusses the phenomenon of disappearances. It also provides background on the European and Inter-American systems of human rights as well as on the concept of the right to life in the Convention for the Protection of Human Rights and Fundamental Freedoms ("European Convention") and in the American Conventions on Human Rights ("American Convention"). Finally, Part I examines the Inter-American Court's approach to assessing state responsibility for disappearances in the Velasquez Rodriguez …

Dispute Resolution In International Project Finance Transactions, Christopher Dugué

Fordham International Law Journal

This essay discusses how the legal practice in international financial problems has slowly evolved towards a better recognition of international arbitration in the field of project financing. While it is useful to compare the different types of dispute resolution mechanisms that are to be considered by participants for the implementation of their contracts, it is this author's view that international arbitration is the most effective means of resolving international project finance transactions. Indeed, the assessment of the most effective forum cannot dismiss what this author considers as an essential feature of international project financing, i.e., its transactional unity. As a …

Host Country Legislation: A Necessary Condition?, Don Wallce, Jr.

Fordham International Law Journal

The subject of this Essay is the adoption of a “legislative guide” on privately financed infrastructure (“PFI”) by the United Nations Commission for International Trade Law (“UNCITRAL”), at its plenary session in July 2000 in New York. The guide deals with subjects a host country legislature should consider in deciding whether legislation is needed to attract investment and enable the country to proceed with PFI, such as constitutional and legislative authority; a competitive procurement regime; questions of the exclusivity and duration of concessions; construction, operations, and regulation; and settlement of disputes. UNCITRAL also decided at its plenary session that more …

Emerging Market Growing Pains: Lessons Of The California Power Crisis, George K. Miller

Fordham International Law Journal

In his March 15 column in The Wall Street Journal, David Wessel drew some interesting comparisons between Indonesia's and California's power crises. He observed that the U.S. federal government and bond market will have assisted California on terms much more favorable than those the International Monetary Fund imposed on Indonesia. Obviously California is not facing the same issues regarding currencies and interest rates. Both governments, however, face the political challenge of deregulating retail rates for electricity.

Export Credit Agencies, Project Finance, And Commercial Risk: Whose Risk Is It, Anyway?, Rodney Short

Fordham International Law Journal

This Essay questions whether Extra Credit Agencies should provide such long-term commercial risk insurance in project finance transactions. It can be argued that ECA-provided commercial risk insurance in project financings lifts from commercial banks the onus of rigorously analyzing the commercial risks of a project and that ECAs lack the institutional experience and commercial orientation to sufficiently appraise a project's commercial risk. This leads to the very real possibility that projects will be undertaken that on their own (i.e., without commercial risk insurance) might not be commercially viable.

Sovereignty, Human Rights, And Self-Determination: The Meaning Of International Law, Father Robert Araujo

Fordham International Law Journal

This Essay contends that popular sovereignty and the other rights enumerated in the Universal Declaration of Human Rights (UDHR) are inextricably linked. When popular sovereignty is criticized, what will become of the other rights? The principal goal of this Essay, then, is to examine the concept of sovereignty as it relates to the practice and protection of human rights issues grounded in international law. This examination should reveal the existence of more than one kind of sovereignty: that of the State and that of the people (the nation or nations). This Essay's goal is to demonstrate that a State is …

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.

More Than Money, Justice Catherine Branson

Fordham International Law Journal

In this Paper, I refer to probably the most disadvantaged sector of the Australian community, its indigenous peoples. I have chosen this group, because Aboriginal and Torres Strait Islander peoples have become a significant body of litigants in my Court since the Federal Court of Australia was given jurisdiction to make determinations of native land title. I will start by providing some limited information concerning indigenous Australians. This information, by necessity, glosses over the diverse experiences and lifestyles of the Aboriginal and Torres Strait Islander peoples, and indeed, the diversity of non-indigenous Australian experiences and lifestyles. Nonetheless, it reflects the …

Closing Address, April 8, 2000, Vincent Saldanha

Fordham International Law Journal

Vincent Saldanha thanked the participants for attending the conference. He noted that it is also an uncomfortable situation to presume to speak on behalf of the poor, as the poor are neither voiceless nor invisible. He noted, however, that the discussions over the previous days were devoid of arrogance and patronage. He went on to note that, despite the many international perspectives presented at the conference, there were a great deal of commonalities between the issues facing those who provide legal services for indigent populations. Mr .Saldanha argued that there is a fundamental right to justice, and noted that this …

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 …

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 …

The Delivery Of Civil Legal Aid Services In South Africa, David J. Mcquoid-Mason

Fordham International Law Journal

This paper is intended to deal with the different methods of delivering civil legal aid services in South Africa. Before doing so, however, brief mention will be made of the structure of the legal profession and the impact of the new South African Constitution (or "Constitution"), as both have influenced the development of legal aid services in the country. Mention in passing will also be made to special procedures and courts that can be used to access justice in civil matters.

Issues Of Concern To Developing And Transitional Countries, Frank Upham, Martin Bohmer, Felix Morka, Linas Sesickas, Futoshi Toyama

Fordham International Law Journal

Led by moderator Frank Upham, the panelists discussed legal aid in the context of societies transitioning from one form of social order to another, and the institution-building that is required.

Differential Perceptions Of English Teachers About The Teaching Of Literature In Seventh-Day Adventist Secondary Schools In Selected Regions Of The Caribbean, Shirley Ann Mcgarrell

Dissertations

Problem. Literature, as a subject in the English curriculum, is not taught in all Seventh-day Adventist (SDA) secondary schools in the Caribbean. This research attempts to investigate and document the reasons why this subject is not taught as part of the English curriculum in some schools and yet is taught in other schools. Literature, as a course of study, addresses philosophical, moral, ethical, and spiritual questions, and often teachers are not the central controllers in determining whether this subject should be taught in church-operated secondary schools. The literature teacher’s role could be pivotal in this situation, but only if …

The Professional Development School : A Descriptive Case Study Of Its History And Development, Denise G. Michaelis

Dissertations

Problem. The development o f school/university partnerships is not a simple process. It requires collaboration between two groups o f professionals who come from different cultures, have developed different forms o f expertise, and operate under different organizational conditions and reward structures (Goodlad, 1990; Stoddart, Winitzky & O ’Keefe, 1992). Throughout much o f the last century, collaboration between schools and universities have often been unsuccessful. In order for Professional Development Schools to be successful in educational reform, it is necessary to focus on defining and delineating the essential characteristics of Professional Development Schools and the process o f their …

Leadership Requirements In The 21st Century : The Perceptions Of Canadian Private Sector Leaders, Samy H. Watson

Dissertations

Problem. Since 1995, with the realization that by 2005 more than 61% of executives in the senior ranks of the Canadian Public Service would be eligible for retirement (La Releve, 1998), the need to recruit and develop competent leaders has become a matter of urgent attention.

Method. Public sector leaders were surveyed by mail-in questionnaires as to their ratings of a set of leadership competencies. Analogue research for private sector leaders, conducted by a colleague, was incorporated for some analysis. A stratified sample of the general public was also surveyed by telephone regarding a subset of the same competencies. …

Educational Brain Research As Compared With E.G. White's Counsels To Educators, Linda Bryant Caviness

Dissertations

Purpose. The purpose of this study was threefold: to review current, education-relevant brain research; to review the educational writings of Ellen G. White for major emerging themes/principles; and to compare these findings for similarities and differences.

Method and Results. Using an inductive process, the synthesis and comparison revealed 15 themes from brain research and 12 principles from White's writings from the middle 1800s and early 1900s.

Comparison of the two lists revealed alignment on eight themes/principles, nonalignment on three themes/principles, and partial-alignment on seven themes/principles.

Aligned themes/principles included: body and mind function as one; exercise and movement are vital …