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2002

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Collective Dynamics Of Josephson Vortices In High Temperature Superconductors, Janardan Pokharel Jan 2002

Collective Dynamics Of Josephson Vortices In High Temperature Superconductors, Janardan Pokharel

Theses and Dissertations

No abstract provided.

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Design Of A Gps/Ins Subsystem With Kalman Estimation For Aerocam, The Airborne Environmental Research Observational Camera, Peter P. Osburnsen Jan 2002

Design Of A Gps/Ins Subsystem With Kalman Estimation For Aerocam, The Airborne Environmental Research Observational Camera, Peter P. Osburnsen

Theses and Dissertations

No abstract provided.

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A Computer Model For Predicting The Spread Of Leafy Spurge, Sej S. Patel Jan 2002

A Computer Model For Predicting The Spread Of Leafy Spurge, Sej S. Patel

Theses and Dissertations

No abstract provided.

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What Do The Objects In Your Home Say About You? : An Analysis Of Artifacts In The Home And Their Effect On Communication, Wendy A. Opsahl Jan 2002

What Do The Objects In Your Home Say About You? : An Analysis Of Artifacts In The Home And Their Effect On Communication, Wendy A. Opsahl

Theses and Dissertations

No abstract provided.

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From Common Market To European Union: The New Europe's Place In The Trading World, Mogens Peter Carl Jan 2002

From Common Market To European Union: The New Europe's Place In The Trading World, Mogens Peter Carl

Fordham International Law Journal

What are the philosophical, political, legal and institutional bases for Europe's economic relations with the rest of the world? How have they developed over time, as Europe has moved from the narrow, sectoral basis of the recently defunct European Coal and Steel Community (“ECSC”), to the radical innovation of the European Economic Community (“EEC”), which itself has become part of the wider, politically even more ambitious integrationist structure of the European Union (“EU”), now itself on the verge of a radical expansion of its size? Does today's EU have as much or less in common with the ECSC as a …

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Well-Known Trademark Protection In The People's Republic Of China — Evolution Of The System, Edward Eugene Lehman, Camilla Ojansivu, Stan Abrams Jan 2002

Well-Known Trademark Protection In The People's Republic Of China — Evolution Of The System, Edward Eugene Lehman, Camilla Ojansivu, Stan Abrams

Fordham International Law Journal

Protection of intellectual property is an integral part of China's economic reform policy. It paves the way for faster development of science, technology, and culture and creates a stronger basis for the Chinese market economy. With the rapid development of China's economy, culminating in China's entry into the World Trade Organization (“WTO”), and the pressure put to bear from multinational corporations and the governments of developed countries, the Chinese government has become aware that protection of well-known trademarks pursuant to the standards of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the WTO (“TRIPS” or “TRIPS Agreement” or …

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The Harmonization Game: What Basketball Can Teach About Intellectual Property And International Trade, Peter K. Yu Jan 2002

The Harmonization Game: What Basketball Can Teach About Intellectual Property And International Trade, Peter K. Yu

Fordham International Law Journal

In the recent World Men's Basketball Championships in Indianapolis, Team USA found out painfully that the international game is very different from what they play at home and that the gap between USA Basketball and the rest of the world has been closing. While the United States' losses might have a significant impact on how the country will prepare for the 2004 Olympics in Athens and on how Americans train youngsters to play basketball, their teachings go beyond basketball. The international harmonization process is a game with different rules, different officials, and players with different visions and mindsets. By watching …

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Bringing Ireland Up To Par: Incorporating The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Katherine Lesch Bodnick Jan 2002

Bringing Ireland Up To Par: Incorporating The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Katherine Lesch Bodnick

Fordham International Law Journal

In the Good Friday Agreement of 1998, the Irish government committed to incorporating the European Convention for the Protection of Human Rights and Fundamental Freedoms (“ECHR”) into Ireland's domestic law. Ireland's promise to promote human rights is consistent with the Good Friday Agreement. Although the government agreed to incorporate the ECHR by October 1999, it has yet to be incorporated because Attorney-General Michael McDowell and Minister of Justice John O'Donoghue could not decide how to do so. This Note examines the manner in which Ireland should incorporate the ECHR into Irish domestic law. Part I of this Note discusses background …

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Standards For Standards, Maurits Dolmans Jan 2002

Standards For Standards, Maurits Dolmans

Fordham International Law Journal

This Article discusses the application of European competition law to standardization activities and associated Intellectual Property Rights (“IPR”) Policies and licensing arrangements. It briefly discusses the objectives of standardization activities in Europe and contains a general introduction into relevant principles of European Community (“EC”) competition law. This is followed by a review of principles and antitrust case law relating to: (a) restrictions on membership and access to the standardization process; (b) possible spill-over effects; (c) standard depth and over-standardization; (d) selection of technology for standards; (e) access to standards information and essential IPRs; (f) IPR Policies and problems associated with …

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The European Union In The World — A Community Of Values, John Richardson Jan 2002

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.” …

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The Qualifying Industrial Zone Initiative - A New Tool To Provide Economic Assistance To Middle Eastern Countries Engaged In The Peace Process, Joel Singer Jan 2002

The Qualifying Industrial Zone Initiative - A New Tool To Provide Economic Assistance To Middle Eastern Countries Engaged In The Peace Process, Joel Singer

Fordham International Law Journal

This Article first examines the role of economic and developmental assistance in the context of peacemaking and then focuses on one specific innovative economic assistance measure: the Qualifying Industrial Zone (“QIZ”) initiative. Part I of this Article describes how addressing the economic requirements of the negotiating parties has interplayed with their other requirements within the overall framework of peacemaking. Specifically, based on the experience gained over the last thirty years of the Middle East peace process, this Part describes the overarching requirements that the parties have pursued through peace negotiations. As explained below, former Middle East warriors have always attempted …

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Trafficking In Persons, Especially Women And Children, In Countries Of The Middle East: The Scope Of The Problem And The Appropriate Legislative Responses, Mohamed Y. Mattar Jan 2002

Trafficking In Persons, Especially Women And Children, In Countries Of The Middle East: The Scope Of The Problem And The Appropriate Legislative Responses, Mohamed Y. Mattar

Fordham International Law Journal

The purpose of this Article is to discuss the scope of the problem of trafficking in persons, especially women and children, in the region of the Middle East, and to examine the legislative responses to this problem. This Article will discuss the forms of trafficking in the countries of the Middle East and explain the current legislative responses to the problem of trafficking. This Article will also evaluate the adequacy of these responses, as determined by the minimum standards for eliminating trafficking in persons set forth by the United States Trafficking Victims Protection Act of 2000 ("TVPA"). The Article will …

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The Transition From Tradition To Reform: The Shari'a Appeals Court Rulings On Child Custody (1992-2001), Moussa Abou Ramadan Jan 2002

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 …

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Rules Of Origin As Trade Or Foreign Policy Instruments? The European Union Policy On Products Manufactured In The Settlements In The West Bank And The Gaza Strip, Moshe Hirsch Jan 2002

Rules Of Origin As Trade Or Foreign Policy Instruments? The European Union Policy On Products Manufactured In The Settlements In The West Bank And The Gaza Strip, Moshe Hirsch

Fordham International Law Journal

This Article aims to shed some light on linkage between rules of origin and territorial disputes, and to analyze the alternative approaches available to policy makers in such cases. The choice between these alternatives is closely related to the broader subject of the interrelationships between international trade law and politics, which this Article will also address. It should be emphasized at the outset that this Article does not aim to address the substantive territorial disputes regarding the West Bank and the Gaza Strip (nor the legality of the settlements located therein), Western Sahara, Taiwan, Northern Cyprus, or other disputed territories. …

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Transitional Justice In A New Era, Ruti G. Teitel Jan 2002

Transitional Justice In A New Era, Ruti G. Teitel

Fordham International Law Journal

This Essay offers an evaluation of the status of transitional justice in the wake of the new century and millennium. This Essay analyzes the evolution and direction of transitional justice in the new era and makes three observations about the current directions in transitional justice developments. Part I contend that while transitional justice is associated with a universal rights discourse, in recent decades of heightened transition, the conception of transitional justice has been closely associated with diverse nation-building projects and related local understandings of the rule of law and legitimacy. Part II addresses the ways contemporary transitional justice reflects its …

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Some Impediments To The Rule Of Law In The Middle East And Beyond, Muhamad Mugraby Jan 2002

Some Impediments To The Rule Of Law In The Middle East And Beyond, Muhamad Mugraby

Fordham International Law Journal

The geographic area that this Essay attempts to explore is the one generally known as “the Middle East” and includes the Levant, plus Arabia, Iran, and Pakistan, and is herein referred to as “the Region.” The Levant runs roughly from Egypt in the West to Iraq in the East. The Region is embedded in a wider area that runs from Morocco to India and even Bangladesh. This broad area will be referred to as “the Broad Region.” The main thrust is on the Region, but with frequent references to the Broad Region. All the countries of the Broad Region have …

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Rights And Reasons: Challenges For Truth Recovery In South Africa And Northern Ireland, Brandon Hamber Jan 2002

Rights And Reasons: Challenges For Truth Recovery In South Africa And Northern Ireland, Brandon Hamber

Fordham International Law Journal

This Essay will argue that any transitional mechanism must be by its nature and temporal historical location a politically contested instrument. This can have differing political and social impacts, and impact on the human rights culture in the society in question. Based on the South African Truth and Reconciliation Commission ("TRC") experience, two rights-based issues -- namely, human rights and victims' rights -- will be discussed.

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Local Meets Global: Transitional Justice In Northern Ireland, Colm Campbell, Fionnuala Ní Aoláin Jan 2002

Local Meets Global: Transitional Justice In Northern Ireland, Colm Campbell, Fionnuala Ní Aoláin

Fordham International Law Journal

Part I of the Essay assesses the current state of global transitional discourses in light of the critique of current developments offered by Ruti Teitel, William Schabas, Brandon Hamber, Kathleen Cavanaugh and others. This is followed in Part II by an examination of the distinctiveness of the broad contours of the Northern Ireland transition, setting the scene for an exploration of more discrete themes affecting the region: the problem of the past (Part III); and the dynamics of institutional change (Part IV). Part V offers some conclusions.

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On Law, Politics And Contemporary Constitutionalism, Colin Harvey Jan 2002

On Law, Politics And Contemporary Constitutionalism, Colin Harvey

Fordham International Law Journal

Is the political process, with all its difficulties, merely reflective of contemporary constitutionalism? Are the problems an aspect of ongoing inter-communal dialogue? To what extent are existing difficulties exacerbated by a general failure to grasp the difference between the logic of law and political theory and practice? These questions are addressed here in three basic stages: first, the relationship between legal logic and political practice is examined; secondly, the implications of contemporary constitutionalism are explored; and, finally, the agreement and disagreements over its implementation are analyzed.

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Beyond The "Constitutional Moment": Law, Transition, And Peacemaking In Northern Ireland, Kieran Mcevoy, John Morison Jan 2002

Beyond The "Constitutional Moment": Law, Transition, And Peacemaking In Northern Ireland, Kieran Mcevoy, John Morison

Fordham International Law Journal

Our focus in this Article is not predominantly on the doctrinal intricacies of the constitutional framework in Northern Ireland. In fact, while we acknowledge the considerable sophistication of that framework, one of our contentions is that an overly legalistic focus on the shape and forms of constitutional architecture masks key questions concerning the broader political and ideological role of constitution-making. We will argue that the particular exigencies of constitution-making in a post-conflict society require a broader understanding of the notion and role of constitutional law. We attempt to trace the source of constitutional ideas in the jurisdiction, and the role …

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9/11: Usa And Uk, Philip A. Thomas Jan 2002

9/11: Usa And Uk, Philip A. Thomas

Fordham International Law Journal

This Article is based on the inviolability of the legal principles underlying rule of law and explores the ways in which various governments have responded. In addition, it considers the importance of the legislative processes, recognizing that the failure to honor them leaves open the door to executive exploitation and the misuse of power. It also reflects on the efficiency of anti-terrorist legislation. Does this legislation stop, deter or punish criminals; is it "comfort legislation" directed towards producing and maintaining public confidence; or is it counter-productive through the alienation of innocent victims and ethnic, religious and immigrant groups?

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Dealing With The Past In Northern Ireland, Christine Bell Jan 2002

Dealing With The Past In Northern Ireland, Christine Bell

Fordham International Law Journal

This Article "audits" Northern Ireland's discrete mechanisms for dealing with the past, with a view to exploring the wider transitional justice debates. An assessment of what has been done so far is vital to considering what the goals of addressing the past might be, what future developments are useful or required, and what kind of mechanisms might successfully be employed in achieving those goals.

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Transitional Policing Arrangements In Northern Ireland: The Can't And The Won't Of The Change Dialectic, Mary O'Rawe Jan 2002

Transitional Policing Arrangements In Northern Ireland: The Can't And The Won't Of The Change Dialectic, Mary O'Rawe

Fordham International Law Journal

This Article will chart the extent to which this phenomenon has been and is recurring in Northern Ireland since the period of the 1994 Irish Republican Army ("IRA") ceasefire. It will examine the dangers in underestimating the capacity of institutions, structures, and individuals to resist change. It will also explore the potential of such resistance to claw back gains that on the face of it have already been made in formal inter-party negotiations. In the process, the Article will seek to identify why real change in policing is both so important and so difficult in a society seeking to leave …

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Wto Dispute Settlement And Competition Law: Views From The Perspective Of The Appellate Body's Experience, H.C. Claus-Dieter Ehlermann, Lothar Ehring Jan 2002

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 …

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Government Contracts Under Argentine Law: A Comparative Law Overview, Hector A. Mairal Jan 2002

Government Contracts Under Argentine Law: A Comparative Law Overview, Hector A. Mairal

Fordham International Law Journal

This Article will summarize Argentine law on government contracts as it exists today, with special reference to the contracts of the Federal Government. Due to the French origin of the theory and to the fact that this Article is addressed to an American readership, a tentative comparison with the main legal rules on the subject of these two countries will be offered. A discussion of the practical consequences of the application of the administrative contract doctrine, and some possible solutions to the problems created thereby will be then put forward. But first, the basic issues that this doctrine gives rise …

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The Effects Of Instructional Set On Laboratory-Induced Aggression Among Participants With Mcmi-Ii Scale 4 Elevations And Controls, Ryan Hartmann Jan 2002

The Effects Of Instructional Set On Laboratory-Induced Aggression Among Participants With Mcmi-Ii Scale 4 Elevations And Controls, Ryan Hartmann

Theses and Dissertations

No abstract provided.

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Knowledge And Attitudes Of Registered Nurses On Postoperative Epidural Analgesia, Karyn K. Finneseth Jan 2002

Knowledge And Attitudes Of Registered Nurses On Postoperative Epidural Analgesia, Karyn K. Finneseth

Theses and Dissertations

No abstract provided.

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Differences In Knowledge Of The Prospective Payment System For Home Health Nurse Administrators In Rural Versus Urban North Dakota And Its Effect On Home Health Services, Bruce L. Davidson Jan 2002

Differences In Knowledge Of The Prospective Payment System For Home Health Nurse Administrators In Rural Versus Urban North Dakota And Its Effect On Home Health Services, Bruce L. Davidson

Theses and Dissertations

No abstract provided.

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Home Is Where The Heart Lives : The Failure Of True Women And Success Of Homeless Orphans In Uncle Tom's Cabin, Rebecca L. Gardner Jan 2002

Home Is Where The Heart Lives : The Failure Of True Women And Success Of Homeless Orphans In Uncle Tom's Cabin, Rebecca L. Gardner

Theses and Dissertations

No abstract provided.

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Measurement Of Turning Temperature Of Aisi 4140 Steel By Tool-Work Thermacouple And By Infrared Imaging Technique, Santaneel Ghosh Jan 2002

Measurement Of Turning Temperature Of Aisi 4140 Steel By Tool-Work Thermacouple And By Infrared Imaging Technique, Santaneel Ghosh

Theses and Dissertations

No abstract provided.

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