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2002

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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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Native Identity In Ojibwe Adolescents : Bicultural And Ethnicity Factors, John Gonzalez Jan 2002

Native Identity In Ojibwe Adolescents : Bicultural And Ethnicity Factors, John Gonzalez

Theses and Dissertations

No abstract provided.

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The Effects Of Reversed Auditory Feedback On The Frequency Of Stuttering In Adults, Elisa L. Diederich Jan 2002

The Effects Of Reversed Auditory Feedback On The Frequency Of Stuttering In Adults, Elisa L. Diederich

Theses and Dissertations

No abstract provided.

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The Question Of Indochinese Independence In World War Ii Allied Diplomacy, Sandra M. Irmen Jan 2002

The Question Of Indochinese Independence In World War Ii Allied Diplomacy, Sandra M. Irmen

Theses and Dissertations

No abstract provided.

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The Passing Man : Francis Parkman And Change In Nineteenth Century America, Eric L. Fox Jan 2002

The Passing Man : Francis Parkman And Change In Nineteenth Century America, Eric L. Fox

Theses and Dissertations

No abstract provided.

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A Comparison Of Uncontrolled Hypertension Between Institutionalized And Community-Dwelling Elderly, Kathy M. Holt Jan 2002

A Comparison Of Uncontrolled Hypertension Between Institutionalized And Community-Dwelling Elderly, Kathy M. Holt

Theses and Dissertations

No abstract provided.

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Statistical And Experimental Evaluation Of Permanent Magnet Direct-Drive Wind Turbine, Kevin W. Harrison Jan 2002

Statistical And Experimental Evaluation Of Permanent Magnet Direct-Drive Wind Turbine, Kevin W. Harrison

Theses and Dissertations

No abstract provided.

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Patton : Military Ideology In The War Film, Kristian Kjelsberg Jan 2002

Patton : Military Ideology In The War Film, Kristian Kjelsberg

Theses and Dissertations

No abstract provided.

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Using Writing To Learn In The Theatre Arts : Exploring Wac Applications And Limitations, Kevin A. Moberg Jan 2002

Using Writing To Learn In The Theatre Arts : Exploring Wac Applications And Limitations, Kevin A. Moberg

Theses and Dissertations

No abstract provided.

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Maternal Fear Of Childbirth And Negative Delivery Outcomes, Jennifer L. Kringlie Jan 2002

Maternal Fear Of Childbirth And Negative Delivery Outcomes, Jennifer L. Kringlie

Theses and Dissertations

No abstract provided.

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Attitudes And Beliefs Regarding The Self-Care Management Of Bois Forte Reservation Members With Type Ii Diabetes, Karey M. Lyon Jan 2002

Attitudes And Beliefs Regarding The Self-Care Management Of Bois Forte Reservation Members With Type Ii Diabetes, Karey M. Lyon

Theses and Dissertations

No abstract provided.

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The Use Of Artificial Intelligence Methods In Improved Visibility Forecasting For Surface Transportation, Ryan S. Knutsvig Jan 2002

The Use Of Artificial Intelligence Methods In Improved Visibility Forecasting For Surface Transportation, Ryan S. Knutsvig

Theses and Dissertations

No abstract provided.

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Electronic Medical Records And Confidentiality : Perceptions Of Health Care Workers, Kari L. Anderson Jan 2002

Electronic Medical Records And Confidentiality : Perceptions Of Health Care Workers, Kari L. Anderson

Theses and Dissertations

No abstract provided.

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Prehospital Delay In A Rural Community : A Study Relating Socioeconomic Variables And Patient Delay In Acute Myocardial Infarction, Jill S. Cease Jan 2002

Prehospital Delay In A Rural Community : A Study Relating Socioeconomic Variables And Patient Delay In Acute Myocardial Infarction, Jill S. Cease

Theses and Dissertations

No abstract provided.

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The Experience Of Meaning Among A University Population, Daniel P. Cramer Jan 2002

The Experience Of Meaning Among A University Population, Daniel P. Cramer

Theses and Dissertations

No abstract provided.

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