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2001

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Issues On Ethnicity And Governance In Nigeria: A Universal Human Rights Perspective, Ema I. Orji Jan 2001

Issues On Ethnicity And Governance In Nigeria: A Universal Human Rights Perspective, Ema I. Orji

Fordham International Law Journal

This Article focuses on the plight of the Igbo ethnic group of southeast Nigeria. It traces the historical and political evolution of Nigeria with emphasis on ethnic relations. In arguing that the Igbo are victims of fundamental human rights violations, references are made to relevant international human rights instruments, as well as to the various constitutional guarantees entrenched in various Nigerian constitutions. The marginalization of the Igbo is discussed, particularly with regard to disparities in national education programs. This Article also discusses the Igbo right to self-determination and the failure of the international community to intervene on behalf of the …

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Promise Unfulfilled: Law, Culture, And Women's Inheritance Rights In Ghana, Jeanmarie Fenrich, Tracy E. Higgins Jan 2001

Promise Unfulfilled: Law, Culture, And Women's Inheritance Rights In Ghana, Jeanmarie Fenrich, Tracy E. Higgins

Fordham International Law Journal

This Report presents the findings of a Fordham delegation. It consists of three parts. Part I sets out Ghana's obligations under international law as they relate to issues of women's equality generally and inheritance rights specifically. Part II describes the sources of Ghanaian law relevant to the issue. Part II begins with a very general description of the Ghanaian family. It then proceeds to analyze in some detail customary law governing marriage and property, including the customary law of intestate succession, which governed estates prior to 1985. Part II then describes both constitutional and statutory law relevant to intestate succession, …

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International Criminal Justice From Paper To Practice - A Contribution From The International Criminal Tribunal For Rwanda To The Establishment Of The International Criminal Court, Adama Dieng Jan 2001

International Criminal Justice From Paper To Practice - A Contribution From The International Criminal Tribunal For Rwanda To The Establishment Of The International Criminal Court, Adama Dieng

Fordham International Law Journal

The international society's pursuit of international criminal justice entails the creation of a stateless jurisdiction with international scope that holds individuals, rather than States, responsible. As the institutions mandated to exercise international criminal jurisdiction begin to develop their operations, it becomes clear that the execution of justice entails a wide range of policy decisions normally undertaken by the State, in terms of legal aid, policing, education, and information, to mention but a few areas. The International Criminal Court may draw upon the wealth of operational experience of the Tribunals in these areas, but will nonetheless continue to develop its own …

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The International Criminal Court: Alive, Soon Kicking!, Harry Verwij Jan 2001

The International Criminal Court: Alive, Soon Kicking!, Harry Verwij

Fordham International Law Journal

In this brief essay, I will give an overview of my insights as to what urgent practical steps need to be taken by the Preparatory Commission ("Prepcom"), the Assembly of States Parties ("ASP"), and the Host State, the Netherlands, in order to guarantee the early establishment of the Court. I assume that my readers have a high level of understanding of the Rome Statute, the Prepcom, and other related documents.

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The Case Against The International Criminal Court , Lee A. Casey Jan 2001

The Case Against The International Criminal Court , Lee A. Casey

Fordham International Law Journal

This article argues against participation by the United States in the International Criminal Court. The article attempts to show that participation in the ICC regime would be inconsistent with American democracy, inimical to American national interests and would violate the Constitution. Were the United States to become a State party to the Rome Statute, it would, for the first time since July 4, 1776, acknowledge the superior authority of an institution neither elected by the American people, nor accountable to them for its actions. Not surprisingly, ratification of the Rome Statute also would violate the Constitution

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The Preparatory Commission For The International Criminal Court, Philippe Kirsch, Valerie Oosterveld Jan 2001

The Preparatory Commission For The International Criminal Court, Philippe Kirsch, Valerie Oosterveld

Fordham International Law Journal

As it becomes increasingly clear that the International Criminal Court will be set up in the near future, it is important to reflect on the work of the Preparatory Commission for the International Criminal Court. When the Rome Statute was being negotiated, it became very clear that additional documents would be necessary in order to create a fully functioning ICC. At the time, eight such documents were identified and included in Resolution F of the Final Act of the Rome Diplomatic conference. As work on these documents nears completion, States have begun to consider the practicalities of setting up the …

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The Draft Budget For The First Financial Period Of The Court , Rolf Einar Fife Jan 2001

The Draft Budget For The First Financial Period Of The Court , Rolf Einar Fife

Fordham International Law Journal

The preparatory work before the entry into force of the Rome Statute of the International Criminal Court (“Rome Statute” or “Statute”) is nearing completion. Basic normative structures governing the establishment and work of the future International Criminal Court (“Court”) have been negotiated. With the discussions on the first draft Budget (“Budget”) and other issues related to the administrative and financial operation of the Court, preparations have taken a significant “practical turn.” The fundamental aim of the Budget is to translate the objectives of the Court in monetary terms and to provide the resources needed by the Court's organs and the …

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Unbundling Ge/Honeywell: The Assessment Of Conglomerate Mergers Under Ec Competition Law, Götz Drauz Jan 2001

Unbundling Ge/Honeywell: The Assessment Of Conglomerate Mergers Under Ec Competition Law, Götz Drauz

Fordham International Law Journal

A careful approach needs to be taken by antitrust authorities in the assessment of the possible exclusionary effects of conglomerate mergers on competitive conditions. In general, conglomerate mergers will raise concerns when they make the leverage of market power possible, thus having as their effect or object a foreclosure of the market to effective competition. The resulting competitive harm stems from the accumulation of substantial market power across complementary products or product ranges that, not being based on normal business performance or competition on the merits, may substantially reduce consumers' choice and ultimately lead to higher prices and a loss …

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'Consent' In Relation To Curbs Of Parallel Trade In Europe, Valentine Korah Jan 2001

'Consent' In Relation To Curbs Of Parallel Trade In Europe, Valentine Korah

Fordham International Law Journal

The most important development of 2000 in competition law for Intellectual Property (“IP”) advisors is, probably, the judgment in the Court of First Instance (“CFI”) in Bayer v. Commission. Preventing traders buying medicines in countries where the government permits them to be sold only at prices well below world levels has long created problems. Parallel traders then sell them in countries where the maximum price is higher.

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Dealing With The Risks And Responsibilities Of Landmines And Their Clearance, Michael Polkinghorne, James Cockayne Jan 2001

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.

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The Right Of A Minor In Israel To Participate In The Decision-Making Process Concerning His Or Her Medical Treatment, Yehiel S. Kaplan Jan 2001

The Right Of A Minor In Israel To Participate In The Decision-Making Process Concerning His Or Her Medical Treatment, Yehiel S. Kaplan

Fordham International Law Journal

The Article raises questions concerning the validity of the age of eighteen years as the youngest age allowing independent consent of a minor in Israel to his or her medical treatment. One of the primary suggestions in the Article is that there is a need to apply the informed consent doctrine to the medical treatment of Israeli and other minors who possess the appropriate capacities deemed necessary for comprehending the full implication of their consent. The authors believe that the doctrine of “developing capacities,” as formulated in Article 12 of the U.N. Convention on the Rights of the Child, to …

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The Holocaust Claims Processing Office's Handling Of Art Claims, Monica Dugot Jan 2001

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.

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China's Safeguard Measures Under The New Wto Framework, Lihu Chen, Yun Gu Jan 2001

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, …

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Competing Frameworks For Assessing Contemporary Holocaust-Era Claims, Vivian Grosswald Curran Jan 2001

Competing Frameworks For Assessing Contemporary Holocaust-Era Claims, Vivian Grosswald Curran

Fordham International Law Journal

Suppression and erasure have played a significant role in the context of the Holocaust. The massive number of deaths yielded a terrible weight of silence, and the erasure of memory occurred in a multiplicity of ways, including: (1) viciously and cynically on the part of many who sought to hide all traces of their crimes; (2) protectively on the part of some who sought to save the lives of the prosecuted; and (3) inevitably as the result of the disappearance of a world and culture destroyed beyond any possibility of resuscitation by the few individuals who survived in displacement and …

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Allocating The Proceeds Of Settlements: Looted Assets, Successor Interests, Recovered Properties, And Settlement Funds, Transcripts Jan 2001

Allocating The Proceeds Of Settlements: Looted Assets, Successor Interests, Recovered Properties, And Settlement Funds, Transcripts

Fordham International Law Journal

Record of panel discussion on how the proceeds of Holocaust restitution settlements should be allocated. Special attention is paid to looted assets, successor interests, recovered properties, and settlement funds.

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Along The Spectrum Of Women's Rights Advocacy: A Cross-Cultural Comparison Of Sexual Harassment Law In The United States And India, Louise Feld Jan 2001

Along The Spectrum Of Women's Rights Advocacy: A Cross-Cultural Comparison Of Sexual Harassment Law In The United States And India, Louise Feld

Fordham International Law Journal

This Comment compares the development of sexual harassment law in the United States and India. It strives to contribute to this global feminist debate by highlighting the successes and failures of each country's respective anti-harassment protections. It also compares the United States' and India's legal approaches to the problem of workplace sexual harassment. The Comment also discusses the successes and failures of the U.S. and Indian protections in a manner that attempts to minimize the problems present in cross-cultural studies.

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Keynote Address, Stuart Eizenstat Jan 2001

Keynote Address, Stuart Eizenstat

Fordham International Law Journal

Keynote address given by the Clinton Administration's leader on Holocaust-era issues as Special Representative of the President and Secretary of State. The address covered the details of major agreements with the Swiss, Germans, Austrians, and French concerning monetary restitution. The adddress provides an overview of the development of a push in the U.S. to take on the Swiss banks on behalf of Holocaust survivors and their heirs.

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Www.Swissbankclaims.Com: The Legacy And Morality Of The Holocaust-Era Settlement With The Swiss Banks, Michael J. Bazyler Jan 2001

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.

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The Effects Of A Six Week Supplemental Power Training Program On Selected Performance Variables Of College Dance Line Competitors, Reagan E. Schmitt Jan 2001

The Effects Of A Six Week Supplemental Power Training Program On Selected Performance Variables Of College Dance Line Competitors, Reagan E. Schmitt

Theses and Dissertations

No abstract provided.

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Transaction Fusion : A Novel Recovery Paradigm, Rajesh Yalamanchili Jan 2001

Transaction Fusion : A Novel Recovery Paradigm, Rajesh Yalamanchili

Theses and Dissertations

No abstract provided.

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Herbivore Asse[M]Blage Response To Stressed And Vigorous Prairie Roses, Mark A. Williams Jan 2001

Herbivore Asse[M]Blage Response To Stressed And Vigorous Prairie Roses, Mark A. Williams

Theses and Dissertations

No abstract provided.

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History Of Stressful Life Events And Perception Of Controllability As Predictors Of Psychophysiological And Subjective Responses To A Laboratory Stressor, Jessica White Plume Jan 2001

History Of Stressful Life Events And Perception Of Controllability As Predictors Of Psychophysiological And Subjective Responses To A Laboratory Stressor, Jessica White Plume

Theses and Dissertations

No abstract provided.

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Postoperative Pain Of Patients Undergoing Rotator Cuff Surgery Interscalene Block Versus Continuous Local Wound Infiltration Versus Interscalene Block And Continuous Local Wound Infiltration, Christian M. Matthews Jan 2001

Postoperative Pain Of Patients Undergoing Rotator Cuff Surgery Interscalene Block Versus Continuous Local Wound Infiltration Versus Interscalene Block And Continuous Local Wound Infiltration, Christian M. Matthews

Theses and Dissertations

No abstract provided.

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Relationship Between Social Physique Anxiety And Body Composition In College Male Athletes And Non-Athletes, Rhianna M. Koch Little Jan 2001

Relationship Between Social Physique Anxiety And Body Composition In College Male Athletes And Non-Athletes, Rhianna M. Koch Little

Theses and Dissertations

No abstract provided.

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Determination Of Baseline Response Data On The Energy And Environmental Research Center Wet Scrubber System, Jeremie M. Moberg Jan 2001

Determination Of Baseline Response Data On The Energy And Environmental Research Center Wet Scrubber System, Jeremie M. Moberg

Theses and Dissertations

No abstract provided.

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Regional Economic Development In Hungary In The 1990s, Balint Nangia Jan 2001

Regional Economic Development In Hungary In The 1990s, Balint Nangia

Theses and Dissertations

No abstract provided.

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The Effect Of Reading Skill, Rate Of Presentation, And Stimulus On-Set Asynchrony On Inferencing Ability In College Students : Looking For An Interaction, Ronald V. Park Jan 2001

The Effect Of Reading Skill, Rate Of Presentation, And Stimulus On-Set Asynchrony On Inferencing Ability In College Students : Looking For An Interaction, Ronald V. Park

Theses and Dissertations

No abstract provided.

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The Effect Of Mood Induction On Selected Physiological And Psychological Variables During Maximal Exercise, Jennifer A. Sargent Jan 2001

The Effect Of Mood Induction On Selected Physiological And Psychological Variables During Maximal Exercise, Jennifer A. Sargent

Theses and Dissertations

No abstract provided.

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An Assessment Of Selected Physiological Measures And Motivational Factors From The Pre-Season Through The Competitive Season In Ncaa Division Ii Male College Football Players, Vyrn Muir Jan 2001

An Assessment Of Selected Physiological Measures And Motivational Factors From The Pre-Season Through The Competitive Season In Ncaa Division Ii Male College Football Players, Vyrn Muir

Theses and Dissertations

No abstract provided.

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Warmed Lidocaine : A Comparison Study With Room Temperature Lidocaine, J D. Geigle Jan 2001

Warmed Lidocaine : A Comparison Study With Room Temperature Lidocaine, J D. Geigle

Theses and Dissertations

No abstract provided.

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