Digital Commons Network^™

International Commercial Arbitration In Cyberspace: Recent Developments, Ljiljana Biukovic

Northwestern Journal of International Law & Business

This article examines some features of virtual arbitration and argues that the use of new technology and the development of e-commerce raise some interesting questions to international arbitration laws. Part It describes initiatives to develop online dispute resolution. Part III discusses virtual dispute resolution centers, including, how, why, and where they function. More importantly, however, Part III investigates the differences between online and off-line arbitration, where the focus remains on three questions. The first question is a crucial one. It has been debated by scholars and practitioners but still remains unresolved: will arbitration agreements concluded online and arbitration awards rendered …

Judicial Activism At The World Trade Organizational: Development Principles Of Self-Restraint, J. Patrick Kelly

Northwestern Journal of International Law & Business

In a number of recent decisions the AB has begun to grapple in a non-systematic way with both the incorporation and creative interpretation issues.14 These decisions raise serious concerns that the AB is exceeding its authority under the DSU and inappropriately incorporating non-WTO law or interpreting WTO agreements in a manner that diminishes the rights of members. This article explores both the incorporation and creative interpretation questions by assessing the relative merits of three different models of how social regulatory policy might be integrated into WTO decision-making: the Judicial Activist Model, the Contract Model, and the Legislative Model.

Implications For Foreign Direct Investment In Sub-Saharan Africa Under The African Growth Opportunity Act, Rebecca Trent

Northwestern Journal of International Law & Business

In the wake of the September 11th attacks on the United States, there has been an outcry in the media over the economic, social, and political rights of individuals in less developed nations. The need to integrate developing nations into the global economy has been called for, not only for sheer humanitarian reasons, but also as a means to prevent catastrophic actions by those who feel left out when it comes to globalization. It is said that "rich countries will pay a price" if they cannot find ways to integrate developing nations into the international economy and that "security depends …

Levi Strauss V. Tesco And E.U. Trademark Exhaustion: A Proposal For Change, Kimberly Reed

Northwestern Journal of International Law & Business

When the European Court of Justice ("ECJ") issued its final decision in the case of Levi Strauss & Co. v. Tesco Stores Ltd. in November 2001, affirming Levi Strauss' right to keep cut-price imported Levis out of the European Union ("E.U."), the general public was outraged at the perceived blow to consumer rights. The ECJ's decision to allow Levi Strauss to prohibit "gray market" imports of its jeans from the United States for resale in the United Kingdom at prices much cheaper than Levi Strauss' own U.K. prices was characterized as protecting "big business" at the expense of consumers. While …

Multinational Investment In The Space Station: An Outer Space Model For International Cooperation?, Lara L. Manzione

American University International Law Review

No abstract provided.

Anti-Terrorism, Crime And Security Act 2001: Has The United Kingdom Made A Valid Derogation From The European Convention On Human Rights?, Virginia Helen Henning

American University International Law Review

No abstract provided.

Slow Transformations: The Wto As A Distributive Organization, Peter M. Gerhart

American University International Law Review

No abstract provided.

The Oau And The Recognition Of Governments In Africa: Analyzing Its Practice And Proposals For The Future, Kofi Oteng Kufuor

American University International Law Review

No abstract provided.

Can The Leopard Change Its Spots? The African Union Treaty And Human Rights, Nsongurua J. Udombana

American University International Law Review

No abstract provided.

Global Implications Of A Potential U.S. Policy Shift Toward Compulsory Licensing Of Medical Inventions In A New Era Of "Super-Terrorism", Grace K. Avedissian

American University International Law Review

No abstract provided.

Federal Law's Indifference To Housing Discrimination Based On Sexual Orientation, Dennis M. Teravainen

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

A Proposal For A Missouri River Corridor Trust, John E. Thorson

Public Land & Resources Law Review

No abstract provided.

Reclaiming The "Little Bees" And The "Little Bells": Colombia's Failure To Adhere To And Enforce International And Domestic Laws In Preventing Recruitment Of Child Soldiers, Veronica Escobar

Fordham International Law Journal

This Comment addresses the recruitment of Colombian children into the insurgent armed groups and the Colombian government's attempts to respond to the issue. Part I provides an overview of the worldwide child soldier epidemic, specifically of the Colombian child soldier. Part I also addresses the general history of the civil strife in Colombia and the impact on the lives of the country's children. Part II describes the existing international laws that protect civilians and children during internal armed conflicts, as well as those laws that address child combatants specifically. Part II also analyzes the Colombian government's response to the child …

Punishment Of Non-State Actors In Non-International Armed Conflict, William A. Schabas

Fordham International Law Journal

Non-State actors--like State actors--are increasingly exposed to the threat of accountability and punishment for abuses of human rights. If human rights law has shown itself to be somewhat limited with respect to non-State actors precisely because it is focused on the obligations of the State towards individuals within its jurisdiction, this is not the case when it comes to individual liability for international crimes. The broadening of the scope of the concept of “crimes against humanity” and war crimes in recent years, so as to include acts committed in time of non-international armed conflict, has been of decisive importance in …

Patent Protection For Pharmaceuticals: A Comparative Study Of The Law In The United States And Canada, Mary Atkinson

Washington International Law Journal

A fundamental purpose of patent law is to encourage the development of new inventions by granting to the inventor exclusivity in the marketplace for a limited period of time. Patent law in the area of pharmaceuticals is complicated by the responsibility of governments not only to encourage research and development of new drugs, but also to assure that new drugs are widely available and affordable, as well as safe and effective. Governments, influenced by market and political philosophies, design patent laws and drug regulatory schemes to meet these responsibilities. The United States has a well-developed pharmaceutical industry and private-payer health …

Gaba B Receptors In The Ventral Tegmental Area Regulate Morphine-Induced Motor Sensitization And Accumbal Fos Expression In C57bl/6 Mice, Kimberly Anne Leite-Morris

Open Access Dissertations

Mesolimbic dopamine (A10) neurons have a central role in mediating opiate-induced motor sensitization and are implicated in drug addiction. This dissertation examines the hypotheses that GABAB receptors are located in the ventral tegmental area (VTA), that morphine sensitization occurs via A10 neuronal activation, and that GABAB receptor activation in the VTA inhibits the development and expression of morphine-induced sensitization. Dopaminergic neurons projecting from the VTA to the nucleus accumbens (NAc) of the forebrain are involved in mediating behavioral sensitization to morphine. GABA B receptor activation in the VTA leads to inhibition of dopaminergic transmission and inhibition of opiate actions. Sensitization …

Stadium Funding In Massachusetts: Has The Commonwealth Found The Balance In Private Vs. Public Spending?, Brian Adams

Catholic University Law Review

No abstract provided.

Parental And Peer Influences On Adolescent Drinking: The Relative Impact Of Attachment And Opportunity, Lizabeth A. Crawford, Katherine B. Novak

Scholarship and Professional Work - LAS

The purpose of this paper was to assess the relative effects of parents and peers on adolescent alcohol use via mechanisms of attachment and opportunity. Panel data from the second and third waves of the National Education Longitudinal Survey (NELS:88) were used to examine the relationship between multiple measures of peer and parent-child relations reflecting these concepts and alcohol use among high-school students. Overall, our results indicated that peers are more influential than parents in shaping adolescents’ patterns of alcohol consumption and that unstructured peer interaction is an especially powerful predictor of adolescent alcohol use and binge drinking. Our findings …

Sibyl 2002, Otterbein University

Otterbein University Yearbooks

No abstract provided.

Novel Approach To Mass Tort Class Actions: The Billion Dollar Settlement In The Sulzer Artificial Hip And Knee Litigation: A Symposium, Susan J. Becker, R. Eric Kennedy, Kathleen Mcdonald O'Malley The Honorable, Sidney A. Backstrom

Journal of Law and Health

This is a transcript of a two hour symposium which deals with the Sulzer knee and hip replacement class action. A copy of the settlement is included as an appendix. The settlement in the U.S. District Court for the N.D. Ohio was unique and creative approach to resolving a mass tort class action. In a novel move, Sulzer agreed to open its books to an independent review firm to determine how much the firm could pay without going bankrupt. The number was $1 billion. As negotiated by the parties and approved by the court, the final settlement provides compensation for …

Masthead, Journal Of Law And Health

Journal of Law and Health

No abstract provided.

Your Trade Secret Is Safe With Us: How The Revision To Federal Rules Of Civil Procedure Makes Discovery Presumptively Confidential, Kurt Putnam

UC Law SF Communications and Entertainment Journal

This note addresses the debate in circuits regarding the propriety of stipulated protective orders to protect trade secrets in federal litigation. Putnam explores the approaches utilized by the 2nd and 1st Circuits, analyzing them in light of the former rules and the common law, respectively. He takes the position that the 2000 revisions to the Federal Rules of Civil Procedure to Rule 5(d) and a Rule 26(c) protective order help protect parties' confidentiality during litigation.

The Global Digital Divide: Focusing On Children, Susanna Frederick Fischer

UC Law SF Communications and Entertainment Journal

Professor Fischer takes a comparative look at children's access to information and communications technologies (ICT) in six countries across five continents- the United States, the United Kingdom, France, Australia, Mongolia, and Tanzania. Children's levels of access to ICT is strongly linked to the "global development divide." The article explores the difference between access in highly developed countries and lesser developed countries. The article further explores the extent of the global developmental divide, including the potentially bleak future facing children born in less developed countries. Next the article explores both sides of the debate that simply increasing ICT access can eliminate …

The Fight Master, Fall/Winter 2002, Vol. 25 Issue 2, The Society Of American Fight Directors

Fight Master Magazine

No abstract provided.

Introduction To Reverend Thomas Barton's Letter Of November 8, 1756 And Forbes Expedition Journal Of 1758, James P. Myers Jr.

Adams County History

When western York county became Adams county in the year 1800, the area already possessed something of a recorded history reaching back into the late 1730s. Principally in the form of documents relating to administrative, legal, and land-claim issues, these official papers provide us today with valuable evidence of the county's early settlers-who came, when they arrived, where they settled, and occasionally how they got along, or did not get along, with one another and with the colonial Penn government, and later with that of the new state erected during the Revolution. In its earliest period, these documents offer insight …

Factors Influencing Immunization Status In Primary Care Clinics, David Page, Jan Meires, Amy B. Dailey

Health Sciences Faculty Publications

Background and Objectives: National standards and goals for childhood immunization rates are well established. Yet, despite clear standards and goals, physicians do not achieve the desired rate (90%) for immunization coverage. This study examined factors related to immunization status for 2-year-old children in pediatric and family practice settings.

Methods: Specially trained personnel used computer software to audit 2,552 records from 42 practices in Northeast Florida throughout 1997–1999. Immunization records were judged as either complete or incomplete, and factors related to immunization status were studied. Clinic type and 18 immunization practice standards were reviewed for effect on immunization status.

Results: The …

A Safety Net In The E-Marketplace: The Safe Harbor Principles Offer Comprehensive Privacy Protection Without Stopping Data Flow, William J. Kambas

ILSA Journal of International & Comparative Law

In May of 2000, the FTC, under Chairman Robert Pitofsky, concluded that industry self-regulation was not effective in protecting consumer privacy and in a report to Congress the FTC expressed the view "that legislation [was] necessary to ensure further implementation of consumer data protection devices."

Hacia Un Modelo Multidimensional De Interaccion Social Como Relacionado Para Estar En Desacuerdo Teoria De Resolucion, S. Michael Hare

ILSA Journal of International & Comparative Law

Uno de los temas en el estudio de teorfa social, en todas partes de su historia, ha sido el examen de las fuerzas sociales de agencia y la estructura.

Traumatized Socities: Social Cubism And The Predatory State Of Haiti, Karen Jenkins

ILSA Journal of International & Comparative Law

The end of the twentieth century has seen an increase in societies devastated and traumatized by mass violence.

Trade Policy Under The Bush Administraion, Richard N. Gardner

ILSA Journal of International & Comparative Law

Let me begin by saying that I believe the Bush Administration is doing an excellent job in trade policy.