Digital Commons Network^™

China's Safeguard Measures Under The New Wto Framework, Lihu Chen, Yun Gu

Fordham International Law Journal

This Essay inquires into the nature of China's new safeguard regulation, its significance in China's new trade regime, and, in the authors' view, some of its shortcomings. Part I gives a brief overview of the purpose of safeguard measures and the place of safeguard regulations in China's new trade regime. Part II describes some of the challenges that China's producers will face in the wake of the newly liberalized domestic market, and observes that the use of safeguard measures will become both necessary and important in the coming years in order to facilitate adjustment to this new environment. Part III, …

Dealing With The Risks And Responsibilities Of Landmines And Their Clearance, Michael Polkinghorne, James Cockayne

Fordham International Law Journal

Part I of this Essay addresses the issues of State responsibility for landmine removal. Part II discusses the various legal issues that landmine removal programs present. It does so by examining: (1) the international obligations that exist; (2) the domestic legal considerations; and (3) some of the issues facing governments who wish to remove landmines by the common measure of contracting out such work to third parties. The central question Part II considers is whether and how States can transfer the risks associated with landmine clearance to contractors.

Policing Undercover Agents In The United Kingdom: Whether The Regulation Of Investigatory Powers Act Complies With Regional Human Rights Obligations, Cara Hirsch

Fordham International Law Journal

This Comment explores the background of the conflict in Northern Ireland and an example of alleged past corruption in the UK security forces' use of covert agents. It discusses the legal background surrounding the enactment of RIPA, including the direct legislative history of the Act and the Act's indirect history, as evidenced through decisions of the European Court of Human Rights. It also examines the statutory framework of RIPA focusing on the provisions that serve as a check on the use of covert human surveillance in the United Kingdom and Northern Ireland. Finally, this Comment argues that RIPA is insufficient …

Alientating "Human" From "Right": U.S. And Uk Non-Compliance With Asylum Obligations Under International Human Rights Law, Inna Nazarova

Fordham International Law Journal

Snapshot of the state of asylum seekers' rights in the United States and the UK at the time it was written. It provides an overview of U.S. and UK obligations to asylum seekers under international human rights law. The Comment also discusses the basics of U.S. and UK domestic law and procedure relevant to claims for asylum. The author advocates that the United State and the UK adopt a comprehensive approach to preserve asylum seekers' rights and concludes that domestic law should not become a pretext for human rights violations of asylum seekers in the post-September 11th world.

The Early History Of German-Jewish Reparations, Menachem Z. Rosensaft, Joana D. Rosensaft

Fordham International Law Journal

This Article provides an overview of the process leading up to the first comprehensive German-Jewish reparations agreements in order to give a historical context to the contemporary discussion of Holocaust-related reparations and restitution. The Article further attempts to shed some light on the behind-the-scenes role played by Josef Rosensaft, one of the individuals involved in the early stages of the reparations negotiations, and his parallel efforts to remedy the 1950-1951 denial of compensation payments to some 18,000 Jewish DP's by the German Land (State) of Lower Saxony.

Between Restitution And International Morality, Elazar Barkan

Fordham International Law Journal

This Essay explores a rush of restitution cases throughout the globe. The author sees in the pattern formed by these cases a central component of a new international morality. The Essay claims that these cases testify to a new globalism that pays greater attention to human rights. The author underscores the increasing way in which our histories shape our identities. Both realism and tentativeness of the historical identity have become part of the growing liberal political space that includes no longer merely Western countries, but has become attractive to numerous diverse groups and nations globally.

Www.Swissbankclaims.Com: The Legacy And Morality Of The Holocaust-Era Settlement With The Swiss Banks, Michael J. Bazyler

Fordham International Law Journal

This Essay discusses the post-settlement process following the claims made against Union Bank of Switzerland (“UBS”) and Credit Suisse by survivors of the Holocaust and their heirs. The author analyzes the settlement and provides both a legal and moral accounting of this litigation. This Essay is a continuation of the author's earlier writings on the subject.

The Holocaust Claims Processing Office's Handling Of Art Claims, Monica Dugot

Fordham International Law Journal

Overview of the Holocaust Claims Processing Office (“HCPO”) and activities relating to Holocaust-era art claims filed with HCPO. Goes into the history of the HCPO and its mission to assist claimants seeking recovery of assets held in European banks, proceeds from Holocaust-era insurance policies, and lost, looted, or stolen art. Overall it is a description of the Deputy Director's work in this field over the prior four years.

Welcoming Remarks, John Feerick, Thane Rosenbaum

Fordham International Law Journal

Welcoming remarks and overview of the program of the Symposium.

The Methods Used To Secure Monetary Restitution, Transcripts

Fordham International Law Journal

Record of panel discussion of the methods used to secure monetary restitution for Holocaust survivors and their heirs. Panelists discussed class action suits brought on behalf of survivors and the use of large-scale litigation to win monetary restitution.

Glass Transition Behavior Of Pmma Thin Films, Moses T. Kabomo, Frank D. Blum

Chemistry Faculty Research & Creative Works

In the last decade there has been an increased interest in the study of the properties of supported thin polymer films. This has been prompted by the incorporation of thin films into device applications and many other technologies. Although not without controversy, a large body of experimental work indicates departures from bulk behavior by thin films. Strong evidence from both theoretical and experimental work shows that the interaction of polymer with a substrate alters the polymer conformation and mobility. A variety of techniques has been employed to probe the mobility of thin supported polymer films. Some of these techniques indirectly …

Graduated Segmental Mobility In Polymer Layers On Silica, Frank D. Blum, Crystal E. Porter, Wuu-Yung Lin

Chemistry Faculty Research & Creative Works

The behavior of thin polymer layers on oxide substrates has gotten a great deal of attention as the size of materials, and hence polymer films, has gotten smaller. Indeed, the properties of adsorbed polymers are such that they can be different from those of bulk polymers, especially when the films are very thin. A wide variety of studies have been made on adsorbed polymers and sometimes the results seem contradictory. One of the properties often measured in thin films is the apparent glasstransition temperature, Tg. In principle, many techniques are sensitive to phenomenological changes occurring around Tg and, therefore, can …

Reorganizing Web Sites Based On User Access Patterns, Yongjian Fu, Mario Creado, Chunhua Ju

Computer Science Faculty Research & Creative Works

In this paper, an approach for reorganizing Web sites based on user access patterns is proposed. The approach consists of three steps: preprocessing, page classification, and site reorganization. In preprocessing, pages on a Web site are processed to create an internal representation of the site, and page access information of its users is extracted from its server log. In page classification, the Web pages on the site are classified into two categories, index pages and content pages, based on the page access information. After the pages are classified, in site reorganization, the Web site is examined to find better ways …

Law, Marriage, And Intimate Commitment, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

Does society have any interest in the stability of marriage per se - that is, apart from any concerns about the impact of divorce on children or financially dependent spouses? Should law try in any way to reinforce an ethic of commitment in marriage as a good in and of itself? . . . Two social trends make this a timely issue. First is the steady erosion of the link between marriage and procreation over the last generation. More married couples do not have children; more children are born outside of marriage. A second trend is the rise of unmarried …

Challenges Of The New Economy: Issues At The Intersection Of Antitrust And Intellectual Property, Robert Pitofsky

Georgetown Law Faculty Publications and Other Works

There is wide agreement that the last decade or so has presented an unusually lively and challenging period for antitrust analysis. Among many reasons we can point to are deregulation and problems of transition to a free market (telecommunications and electricity production offer leading examples), developments in procedural cooperation and possible substantive convergence in response to the increasing globalization of competition and enforcement approaches, and priorities in addressing an unprecedented merger wave. An additional challenge involves the application of established antitrust principles to the growing high-tech sector of the economy. It is that application of antitrust law to the new …

Antitrust And Intellectual Property: Unresolved Issues At The Heart Of The New Economy, Robert Pitofsky

Georgetown Law Faculty Publications and Other Works

The New Economy differs in degree rather than kind from the "old" economy. Part II of this discussion examines the key differences that define the New Economy. Part Ill turns to several implications of those differences as they pertain to antitrust enforcement. I argue that the differences do not justify sweeping generalizations that antitrust enforcement has no place in the New Economy, but do require antitrust enforcement to make adjustments and exercise sensitivity towards intellectual property issues on a case-by-case basis. The goal of a coherent overall competition policy, in deciding both what conduct to enforce against and what remedies …

Decreasing Returns To Shareholders From Randd Spending In The Computer Industry, Del A. Mank, Halvard Nystrom

Engineering Management and Systems Engineering Faculty Research & Creative Works

This article explores the relationship between stockholder value changes and corporate research and development (RandD) spending in the computer industry. Researchers attempted to tie RandD expenditures and its various measurable effects to future results of the firms within an industry, with mixed results. They identify a positive, short-term relationship between stockholder share price movements and firm announcements of plans to increase RandD expenditures. They also show that industries with higher RandD intensities grow faster than those with low RandD intensities. However, little research is available that effectively relates RandD expenditures to future share price performance of the firms within an …

Weekly Look At The Labors Of Montana's Citizen-Lawmakers: Community News Service And The 57th Montana Legislature, Jason C. Mohr

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Coastal Ocean Morphodynamics And The Resulting Erosion And Deposition: An Analytical Approach, Shejun Fan

OES Theses and Dissertations

Coastal ocean morphodynamics is the study of the morphological change of the coastal ocean system. Environmental conditions, such as climatic and geological controls, are exogenous inputs of the system, which are responsible for geographic variation among coastal oceans. In the coastal ocean system, coastal morphological changes are the results of a series of morphodynamical processes. In this treatise, quantitative, dynamical sedimentary models are developed to provide an analytical understanding of morphodynamical processes in coastal ocean environments. These dynamical sedimentary models numerically simulate the sedimentary processes over a range of time scales from an event time scale, based on the fundamental …

Foreword: Is Reliance Still Dead?, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

One thing I found out when I was a prosecutor is that you should never tell a police officer he cannot do something, for that just serves as an open invitation for him to do it. In recent years, I have learned a similar lesson about legal scholarship which I should probably keep to myself but won't. If you proclaim the existence of a scholarly "consensus," this is an open invitation for academics to try to demolish such a claim.

Fair Use Infrastructure For Rights Management Systems, Dan L. Burk, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

In this paper, we consider whether rights management systems can be supported by legal and institutional infrastructures that enable appropriate public access to the works secured by these technologies. We focus primarily on the design challenges posed by the fair use doctrine, which historically has played a central role in preserving such access. Throughout the paper, however, we also use the term "fair use" to refer more generally to the variety of limiting doctrines within copyright law that serve this goal. We begin in Part II by reviewing the contours of the fair use doctrine and the legal and policy …

Privatized Communities And The "Secession Of The Successful": Democracy And Fairness Beyond The Gate, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

In this essay, I will reflect on how common interest developments, and their privatized spaces, are contributing to a broader phenomenon of civic secession, primarily by affluent property owners. In particular, I will analyze the way in which CIDs may affect electoral politics and the allocation of public resources by federal and state government. The chief threat of CIDs is that they exacerbate inequality in America while also exacerbating the challenges of governing. By giving the private property owner a formal context in which to feel justified in her view that she is "doing her part" simply by paying her …

Reconstructing The Rule Of Law, Robin West

Georgetown Law Faculty Publications and Other Works

The action taken in Bush v. Gore by the five conservative Justices on the United States Supreme Court, Bugliosi argued, was not just wrong as a matter of law, but criminal: It was a malem in se, fully intended, premeditated theft of a national election for the Presidency of the United States. Now, as Balkan and Levinson would argue, this seventh, "prosecutorial" response -- that the Court's action was not just wrong but criminal -- is also not available to a devotee of either radical or moderate indeterminacy. Even assuming both criminal intent and severe harm-a wrongful, specific intent to …

Race And Discretion In American Medicine, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

The author’s focus in this article is on racial disparities in medical care provision--that is, on differences in the services that clinically similar patients receive when they present to the health care system. Racial disparities in health status, which is not greatly influenced (on a population-wide basis) by medical care, are beyond his scope here. Disparities in medical care access-potential patients' ability, financial and otherwise, to gain entry to the health care system in the first place, are also outside his focus. The author begins this article by putting the problem of racial disparities in medical care provision within the …

The Marbury Mystery: Why Did William Marbury Sue In The Supreme Court?, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

In 1801, when William Marbury petitioned the Supreme Court to issue a writ of mandamus ordering Secretary of State James Madison to deliver his commission as justice of the peace, he initiated one of the most important cases in the Court's history. But why did Marbury choose the Supreme Court? Was there a lower federal court that could have granted the writ at the time? The short answer is "yes." Rather than making an unsuccessful attempt to invoke the original jurisdiction of the United States Supreme Court, I have learned that he could have brought his suit in the then …

Secrecy, Guilt By Association, And The Terrorist Profile, David Cole

Georgetown Law Faculty Publications and Other Works

In this essay, I will argue that the use of secret procedures and guilt by association in immigration trials is not only unconstitutional but counterproductive. I will begin with a case study, then discuss in turn the practices of secret evidence and guilt by association, and finally conclude with a consideration of how these two tactics perpetuate invidious stereotypes about Arabs and Muslims.

As Freedom Advances: The Paradox Of Severity In American Criminal Justice, David Cole

Georgetown Law Faculty Publications and Other Works

According to the Enlightenment philosopher Montesquieu, "as freedom advances, the severity of the penal law decreases."' Montesquieu's notion is in the United States Constitution's Eighth Amendment, a provision that reflects a Montesquieuan faith that punishments acceptable today will become cruel and unusual tomorrow. Yet the United States in the year 2000 presents a serious challenge to Montesquieu's notion of the progress of freedom. The United States is simultaneously a leader of the "free world" and of the incarcerated world. We celebrate and export our commitment to free markets, civil rights, and civil liberties, yet we are also a world leader …

Poverty And Welfare Policy In The Post-Clinton Era, Peter B. Edelman

Georgetown Law Faculty Publications and Other Works

This is an important time to talk about people in need. There have been major changes recently in public policy toward those in need, and we have seen enough of their effect to be able to discuss the next steps. We have a new President and Congress. A recession is looking more probable by the day. And the 1996 welfare law is coming up for reauthorization in 2002. So this is a good time to look at how we are doing and what we need to do.

Positive Perfectionism In Sport, Tammy Olson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Privacy And Power, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

Something has gone wrong in modem America, argues Jeffrey Rosen in The Unwanted Gaze. Our medical records are bought and sold by health care providers, drug companies, and the insurance industry. Our e-mails are intercepted and read by our employers. Amazon.com knows everything there is to know about our reading and web-browsing habits. Poor Monica Lewinsky's draft love letters to President Bill Clinton were seized by the villainous Ken Starr, and ultimately plastered all over the nation's newspapers.

To Rosen, the nature of the problem is clear: These examples are all part of a troubling "phenomenon that affects all …