Digital Commons Network^™

The European Union In The World — A Community Of Values, John Richardson

Fordham International Law Journal

These are momentous times in Europe. The Euro has been successfully introduced, the enlargement negotiations are approaching their climax, and the European Convention (“Convention”) is moving towards the drafting of a constitution for a new, continent-wide political entity. At the same time, unrest is manifest, particularly in two areas. On the one hand, many of our citizens, and not just the political elites, are dissatisfied with Europe's performance on the world stage and are concerned about the maintenance of peace and security within the Union. In these areas they would like to see a strengthened, more effective entity-- “more Europe.” …

Defining Legitimate Competition: How To Clarify Pricing Abuses Under Article 82 Ec, John Temple Lang, Robert O'Donoghue

Fordham International Law Journal

This Article discusses the principles under Article 82 of the Treaty Establishing the European Community concerning anticompetitive or exclusionary abuses involving pricing issues. This Article is structured as follows. Part I outlines the basic economic thinking behind price discrimination and identifies the principal legal situations under Article 82 in which it arises. Discriminatory pricing should only be prohibited (and therefore needs to be justified) in a small number of situations. Parts II-III discuss the specific situations under Community competition law in which price discrimination and the legality of pricing practices may be relevant. Part II discusses rebate and discounting practices, …

Sentencing Guidelines For Copyright Pirates In The United States And The Hong Kong Special Administrative Region: A Comparative Perspective, Jonathan J. Rusch

Fordham International Law Journal

As more and more nations prosecute copyright piracy cases, it is far from clear whether these nations, in seeking to protect legitimate copyright interests, will also recognize the need to achieve three goals in the sentencing of such cases. The first is honesty in sentencing: that is, avoiding situations in which the nominal sentence that a court initially imposes at sentencing may later be substantially reduced through the parole process. The second is reasonable uniformity in sentencing, so that courts do not have wide disparities in the sentences they impose on similar offenders who commit similar criminal offenses. The third …

An Analysis Of The United States-Cuba "Havana Club" Rum Case Before The World Trade Organization, Donald R. Dinan

Fordham International Law Journal

The United States-Cuba “Havana Club” trademark dispute has been one of the more controversial and potentially divisive cases before the World Trade Organization ('WTO') to date. In that case, the European Union ('EU') filed a complaint against the United States alleging that a law which prohibited the registration and enforcement in the United States of a Cuban trademark, 'Havana Club' rum, which was licensed to the French company, Pernod-Ricard, S.A. ('Pernod-Ricard'), was in violation of the WTO Agreement, which protected the intellectual property rights of WTO Members and their nationals. The case intertwined enforcement of the U.S. Cuban embargo; U.S. …

The Territoriality Principle Of Patent Protection And Conflict Of Laws: A Review Of Japanese Court Decisions, Teruo Doi

Fordham International Law Journal

Among the various categories of intellectual property, the territoriality principle is applied most strictly to patent protection of inventions and copyright protection of works of authorship. The basic international standards for patent and copyright protections are set forth, respectively, in the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works. As of April 15, 2002, 163 States are members of the Paris Union and 149 States are members of the Berne Union. Japan acceded to the Paris and Berne Conventions in 1899. A patent granted in one country has …

Self-Determination And Minority Rights, Frances Raday

Fordham International Law Journal

This Article tries to wend its way through the trail of human debris, the visions and the shattered dreams on both sides of the Israeli-Palestinian conflict, to a rational analysis of the applicability of international human rights norms, to the conflicting claims of two peoples to the same land. The right of both Jews and Palestinians to self-determination seems to be self-evident from the stories of the two peoples. Almost forty years after the Six Days War, the author turns to this issue in an attempt to analyze where this conflict now stands in terms of international human rights. This …

The Transition From Tradition To Reform: The Shari'a Appeals Court Rulings On Child Custody (1992-2001), Moussa Abou Ramadan

Fordham International Law Journal

The principal object of this Article is to demonstrate that Islamic law, like any system of law, is dynamic rather than static. Islamic law cannot be thought of as law disconnected from history and society. Like any other legal system, it is influenced by political, economic and social factors. In order to illustrate this idea, this Article takes as a case study the rulings concerning custody of the Shari'a Appeals Court in Israel. This Article surveys the rulings of the Shari'a Appeals Court addressing child custody from 1992 through 2001. This Article's central claim is that the Appeals Court's approach …

Selective Justice: The Case Of Israel And The Occupied Territories, Kathleen A. Cavanaugh

Fordham International Law Journal

While the focus in transitional justice literature is most often on functional or quasi-functional processes, this Article turns to the rather less explored path of dysfunctional transitions through the lens of the Israeli/Palestinian case. The stop and start nature of the "transition" from a conflict to the post-conflict process has reverted to a situation that the Israeli government has recently described as an 'armed conflict short of war." Against this backdrop, this Article provides insight into the role of law or its absence in transitioning conflict. As there are conflicting Israeli and Palestinian arguments regarding the legitimacy of Israeli occupation …

The Government Of Memory: Public Inquiries And The Limits Of Justice In Northern Ireland, Angela Hegarty

Fordham International Law Journal

The purpose of this Article is to examine the exercise and the usefulness of the public inquiry model, in the Northern Ireland conflict. This Article examines its role as both an accountability mechanism and a truth process, and in doing so I consider the proposition that public inquiries are employed by governments not as a tool to find truth and establish accountability for human rights violations, but as a way of deflecting criticism and avoiding blame.

Wto Dispute Settlement And Competition Law: Views From The Perspective Of The Appellate Body's Experience, H.C. Claus-Dieter Ehlermann, Lothar Ehring

Fordham International Law Journal

This Article explores the extent to which the dispute settlement system of the WTO would be suitable in resolving competition-related cases. It first recalls that under existing trade rules, national competition law and practice are not exempt from, but rather subject to, the application of the dispute settlement system. Both competition laws as such and their application in individual cases must comply with the current, substantive standards of the WTO Agreement, and complaints can be brought against both. Extending the application of the dispute settlement system to a new agreement to be negotiated in the area of competition would produce …

Overextending Immunity: Arbitral Institutional Liability In The United States, England, And France, Matthew Rasmussen

Fordham International Law Journal

This Note examines the relationship between the arbitral institution and the disputing parties. Part I demonstrates the decisions parties face when choosing between traditional litigation and arbitration; it also discusses the differences between an arbitral institution and an ad hoc arbitration, as well as major arbitral institutions' rules regarding their own liability. Part II introduces several nations' approaches to judicial immunity, and how it is applied to arbitrators and arbitral institutions. Part II also weighs differing views on how to characterize the relationship between disputing parties and the arbitral institution. Finally, Part II discusses several key criticisms to the immunity …

Using Applied Behavior To Complement Error Management In Crew Resource Management Education, William G. Rantz

Journal of Aviation/Aerospace Education & Research

This paper examines the science of applied behavior analysis and its potential integration into current research and practice of threat and error management for internal crew behaviors. Discussions provide insight into how an Antecedent-Behavior-Consequence (ABC) analysis of behavior can reveal to educators, the antecedents and consequences for at-risk crew behavior. This paper will redefine crew at-risk behaviors as anti-error behaviors that prevent internal error occurrence. This new perspective will complement and enhance the total threat-error process model. Finally the challenges and implications of using crew reinforcement to maintain anti-error behavior using modified line-oriented flight training (LOFT) will be discussed.

Linking Performance Requirements With Process Improvement Actions For Business Process Re-Design, Cita Lorraine Wood

School of Engineering, Computing and Mathematics Theses

This thesis presents research that extends current knowledge in the area of business process re-design, with a specific focus on the 'Make Product' process within manufacturing organisations. Current business process re-design approaches offer only limited guidance on the specific changes that can be made to a process when re-designing it to achieve the desired performance improvements and often overlook any strategically derived performance requirements when re-designing the process. Case experience suggests that practitioners do not consider the performance requirements of their business processes when re-designing them and that the actions they take to achieve performance improvements are not selected with …

Intelligent Fault Tolerant Control Schemes For Autonomous Underwater Vehicles, Andrew Raymond Pearson

School of Engineering, Computing and Mathematics Theses

The area of autonomous underwater vehicles (AUVs) is an increasingly important area of research, with AUVs being capable of handling a far wider range of missions than either an inhabited underwater vehicle or a remotely operated vehicle (ROV). One of the major drawbacks of such vehicles is the inability of their control systems to handle faults occurring within the vehicle during a mission. This study aims to develop enhancements to an existing control system in order to increase its fault tolerance to both sensor and actuator faults. Faults occurring within the sensors for both the yaw and roll channels of …

Precision Control Of A Sensorless Brushless Direct Current Motor System, Matthew John Knight

School of Engineering, Computing and Mathematics Theses

Sensorless control strategies were first suggested well over a decade ago with the aim of reducing the size, weight and unit cost of electrically actuated servo systems. The resulting algorithms have been successfully applied to the induction and synchronous motor families in applications where control of armature speeds above approximately one hundred revolutions per minute is desired. However, sensorless position control remains problematic. This thesis provides an in depth investigation into sensorless motor control strategies for high precision motion control applications. Specifically, methods of achieving control of position and very low speed thresholds are investigated. The developed grey box identification …

Variables Related To The Successful Completion Of The First Course In Business Calculus At Three Jamaican Universities, Martin Nkhrama Richards

Dissertations

Problem. Many students at all levels of the education system in Jamaica perform poorly at mathematics. In particular, the results of both the Caribbean Examinations Council and Business Calculus 1 at the university level have reflected a declining trend in mathematics performance in recent years. Consequently, this study sought to investigate the variables related to the successful completion of the first course in business calculus at Jamaican universities. To this end, the study looked at perceptions of students and their professors regarding students' cognitive, affective, and professor effectiveness variables impacting success.

Method. The sample for this study consisted of 389 …

The Design, Implementation, And Assessment Of Initial Change And Growth In A Local Voluntary Organization And Its Members, Tracy Ann Weber

Dissertations

Problem. During the past 30 years, Americans have steadily reduced their participation in the traditional forms of community involvement, such as clubs, associations, and organizations, that bring people together to effectively pursue a shared objective. In this postmodern society, leaders of community and nonprofit organizations find they are asking themselves difficult questions about the most effective methods of fulfilling their mission and simultaneously meeting members' changing needs. Participatory volunteer-run organizations, such as a local branch or chapter of a national organization, face many challenges, making it hard to establish and maintain there organizations. They demand great energy of leaders, …

The Empirical Development Of A Curriculum On Identification Of The "Tongues" Of 1 Corinthians 14 Utilizing A Socio-Exegetical Approach To Interpretation, Angel Hernandez

Dissertations

Problem. The Corinthian tongues is a subject that has been extensively covered in the literature, especially in exegetical Bible commentaries, but no empirically developed curriculum for college-level instruction has been found. The purpose o f this study was to develop such a curriculum. The approach to the interpretation o f the tongues of 1 Corinthians 14 was interdisciplinary: both theological and sociological.

Method. The instructional product development method formulated by Baker and Schutz and revised by Naden was used in this study. The process consisted of ten steps including; assessment of the need for a new curriculum, identification and …

The Constitution And The New Deal, Richard D. Friedman

Reviews

The Supreme Court of the New Deal era continues to captivate American lawyers and historians. Constitutional jurisprudence changed rapidly during the period. Moreover, some of the most significant changes appeared - whatever the reality - to result from pressure imposed in 1937 by President Franklin Roosevelt's plan to pack the Court with Justices amenable to his programme. The structure of constitutional law that emerged within a few years of Roosevelt's death remains intact in significant respects today.

"How To Think About Equality." Review Of Sovereign Virtue: The Theory And Practice Of Equality, By R. Dworkin, Don Herzog

Reviews

Ronald Dworkin's' latest might well seem sharply discontinuous with his other work. The formal theoretical apparatus that kicks off the book is a forbiddingly abstract - some will say arcane - hypothetical auction, coupled with a hypothetical insurance market. There is simply nothing like it in Taking Rights Seriously, or A Matter of Principle, or Law's Empire, or Life's Dominion, or Freedom's Law. Then again, Dworkin first published the key papers on the auction some twenty years. ago and has never flagged, as far as I know, in his commitment to the basic project.2 Theorists have been waiting for the …

"Business On Trial: The True Story." Review Of Business On Trial: The Civil Jury And Corporate Responsibility, Richard O. Lempert

Reviews

Jury trials are very much an affair of stories. Lawyers tell stories to juries. Evidence is more convincing when presented in story order. Jurors use stories to make sense of evidence. And litigants, particularly losing litigants, tell stories about juries. One of the favorite stories of losing business litigants, second only to the irrational jury story, is the Robin Hood story. Juries love to play Robin Hood, to steal from the rich (businesses and insurance companies) and to give to the poor (individual litigants, especially individual tort litigants). The storytellers see no mystery here. Jurors are "little guys," like the …

A History Of Revenue Forecasts, Mark Rider

Faculty Articles

Feenberg et al. (1989) apply a simple regression-based method to test the rationality of state revenue forecasts. Using the same regression-based methodology, we test the rationality of federal revenue forecasts for fiscal year 1802 through 2001. We find that Treasury forecasts of federal revenues satisfy the conditions of weak rationality.

The Early Bronze Age Ceramic Assemblage From Tell Ta'annek, Palestine, Mark S. Ziese

Dissertations

The problem

Greenberg has recently stated that isolating temporal ceramic indicators for the Early Bronze II-III periods is "one of the thorniest issues in the archaeology of Palestine" (2000: 183). Part of theproblem stems from the homogenous nature of ceramic assemblages from Early Bronze Age Palestine; part of it stems from a continued lack of published information. Both of these issues are addressed by this study. Excavations at Tell Ta`annek between 1963 and 1967 unearthed the remains of a multi-period site, including the residues of an Early Bronze II-III fortified settlement. It is purposed here to isolate that portion of …

Exemplary Bilingual Teachers In Puerto Rico: A Multiple-Case Study, Aurea Laracuente Araújo

Dissertations

Problem. Within a context of inadequate pre-service training, insufficient administrative support, and an ambivalent social environment regarding the teaching of ESL in Puerto Rico, a number of conscientious bilingual teachers try to overcome the odds of the system and have an impact on students' ability to speak English. Some even become exemplary teachers. How do they learn to meet so many expectations successfully in spite of real short comings found in their job, and how do they acquire the skills and competencies necessary to be exemplary bilingual teachers in Puerto Rico?

Method. A qualitative multiple-case study design was …

The Effectiveness Of The Writing Workshop Model To Teach An English-As-A-Second-Language College Writing Course In Puerto Rico: A Look At Students' Outcomes, Marie Jacqueline Agésilas

Dissertations

Problem. Questions have been raised regarding the number of limited-English-proficient students who enter undergraduate schools every year. This study was designed to look at the effectiveness of the Writing Workshop model in improving English-as-a-Second-Language (ESL) college students' writing skills in a small liberal arts university in Puerto Rico.

Method. Students registered in two Intermediate English-as-a-Second-Language writing classes were asked to take a pretest-posttest related to writing skills and a pretest-posttest related to composition skills to indicate their level of agreement for each of the 22 statements on a Likert-type (survey) instrument--strongly disagree (1) to strongly agree (4)--related to their attitudes …

The Roles And Attributes Of Human Resource Leaders During Organizational Restructuring, Alison Anne Brown

Dissertations

Problem. As the number of organizations involved in major restructuring increases, Human Resource (HR) leaders find themselves in a labyrinth of evolving roles. How might they facilitate the organization's desire to successfully wed human needs and experiences to profit expectations and strategies?

Purpose. This qualitative study seeks to increase understanding of the dual role played by human resource leadership, as they are both survivors and facilitators of organizational restructuring. It answers the overarching question: What are the unique contributions made by HR leaders to the organizational restructuring process?

Methodology. Through a purposive sampling process, 11 HR leaders were identified who …

A Descriptive Multiple Case Study Of Caucasian Female Suicide Attempters: Risk And Protective Factors, Janice Johnson Browne

Dissertations

Problem

Suicide is a problem globally and in the United States. Suicide rates for youth have remained particularly high. Caucasian men complete more suicidal acts than women, but women are more frequent suicide attempters. To gain information about the phenomenon of female suicide attempting, it is important to study the attempter. Awareness of risk and protective factors is necessary to intervene and prevent future incidences of suicide and suicide attempting.

Methodology

For this research a descriptive case study design was utilized. Three suicide attempters who had attempted suicide one or more times in the past was the sample population for …

Object Recognition Tasks: Comparing Paper Versions To Computerized Laboratory Methods, Jody Guyette, Chris Koch

Faculty Publications - Psychology Department

No abstract provided.

Thin Layers And Camouflage: Hidden Pseudo-Nitzschia Spp. (Bacillariophyceae) Populations In A Fjord In The San Juan Islands, Washington, Usa, J. E. B. Rines, Percy L. Donaghay, M. M. Dekshenieks, J. M. Sullivan, M. S. Twardowski

Graduate School of Oceanography Faculty Publications

Two sets of observations were made on the distribution of Pseudo-nitzschia taxa in a fjord in the San Juan Islands, Washington, USA. From May 21 to 31, 1996, we observed the spatio-temporal distribution of a dense bloom of P. fraudulenta. Microscopic observations of live material were compared to physical-optical water-column structure, currents and wind. At the start of the study, dense concentrations of Pseudo-nitzschia spp. were observed directly at the surface. Optical profiles indicated that most cells were concentrated in a thin layer at ~5 m depth, which appeared to be contiguous throughout the sound. Several days later, sustained …

Sources Of Upper Tropospheric HoX Over The South Pacific Convergence Zone: A Case Study, Céline Mari, Carine Saüt, Daniel J. Jacob, François Ravetta, Bruce Anderson, Melody A. Avery, Donald R. Blake, William H. Brune, Ian Faloona, G. L. Gregory, Brian G. Heikes, Glen W. Sachse, Scott T. Sandholm, Hanwant B. Singh, Robert W. Talbot, David Tan, Stephanie Vay

Graduate School of Oceanography Faculty Publications

A zero‐dimensional (0‐D) model has been applied to study the sources of hydrogen oxide radicals (HO_x = HO₂ + OH) in the tropical upper troposphere during the Pacific Exploratory Mission in the tropics (PEM‐Tropics B) aircraft mission over the South Pacific in March–April 1999. Observations made across the Southern Pacific Convergence Zone (SPCZ) and the southern branch of the Intertropical Convergence Zone (ITCZ) provided the opportunity to contrast the relative contributions of different sources of HO_x, in a nitrogen oxide radical (NO_x)‐limited regime, in relatively pristine tropical air. The primary sources of HO_{x …}