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2002

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Articles 64591 - 64620 of 64629

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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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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 Role Of The Judiciary In The Protection Of Human Rights And Development: A Middle Eastern Perspective, Fahed Abul-Ethem Jan 2002

The Role Of The Judiciary In The Protection Of Human Rights And Development: A Middle Eastern Perspective, Fahed Abul-Ethem

Fordham International Law Journal

One of the vital ways to keep human rights safe is by preserving the prevailing role of the judiciary. Standards developed by the judiciary have a significant beneficial effect of making the lives of people better and the accomplishment of the government's goals easier. In addition, these standards may ensure a better understanding of the relationship between the people and their government, on the one hand, and among the members of the international community, on the other. Moreover, major countries, such as the United States, have a great responsibility, by virtue of their international weight and technological advancement, to help …

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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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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 Jan 2002

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 …

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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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Punishment Of Non-State Actors In Non-International Armed Conflict, William A. Schabas Jan 2002

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 …

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Selective Justice: The Case Of Israel And The Occupied Territories, Kathleen A. Cavanaugh Jan 2002

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 …

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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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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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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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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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The Biggest Peace: The Structure Of The Palestinian Legislative Council And The Politics Of Separation, Michel Paradis Jan 2002

The Biggest Peace: The Structure Of The Palestinian Legislative Council And The Politics Of Separation, Michel Paradis

Fordham International Law Journal

Part I of this Note summarizes the background leading up to the signing of the Oslo Accords. Part II details the overall structure and responsibilities laid out in Oslo II, with specific emphasis on the legal. Also, Part II presents for comparison the semi-autonomy arrangement devised and implemented in the Transkei of South Africa in the early 1960s. Part II concludes by examining the extent to which both of these arrangements were successful in satisfying the parties involved and makes some more general comparisons to similar reactions in Northern Ireland following the Good Friday Agreement. Part III attempts to draw …

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Fortress Italy: Racial Politics And The New Immigration Amendment In Italy, Michele Totah Jan 2002

Fortress Italy: Racial Politics And The New Immigration Amendment In Italy, Michele Totah

Fordham International Law Journal

This Comment explores, using a framework of international human rights, how discrimination affected the passing of the Bossi Fini amendment to the Italian immigration law. Part I of this Comment discusses the international human rights norms established by several significant fundamental human rights treaties relevant to immigration issues. Part I also briefly discusses the history of Italian immigration legislation, and examines the radicalization of the immigration discourse in Italy. Part II surveys some important provisions of the new Bossi Fini amendment. Part III argues that the Bossi Fini amendment violates the asylum, expulsion, and non-discrimination human rights provisions discussed in …

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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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Constitutionalizing The European Union - More Than A Sense Of Direction From The Convention On The Future Of Europe, Markus G. Puder Jan 2002

Constitutionalizing The European Union - More Than A Sense Of Direction From The Convention On The Future Of Europe, Markus G. Puder

Fordham International Law Journal

This Article discusses the latest episode in the history of one of the European Union. Part I provides an overview of the integration project. Part II highlights the significance of debating the future of Europe. Part III presents the vehicle of the European Convention. Part IV analyses selected constitutionalizing themes offered in Monsieur Giscard's blueprint. Finally, Part V offers findings and perspectives.

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The Commission: The Key To The Constitutional Treaty For Europe, John Temple Lang Jan 2002

The Commission: The Key To The Constitutional Treaty For Europe, John Temple Lang

Fordham International Law Journal

Political inventions are so rare that when they do arise they are not recognized--we try to fit them into traditional classifications, or criticize them for not being something that they were never intended to be. The European Commission (“Commission”) was a genuinely new political invention, created to solve a problem. The problem was that the European Community (“EC”) had to have majority voting. That meant that from time to time minorities would be out-voted. Majority voting--an old idea, but never before used in an international organization--had to be made acceptable.

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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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Pretrial Detention, Human Rights, And Judicial Reform In Latin America, Jonathan L. Hafetz Jan 2002

Pretrial Detention, Human Rights, And Judicial Reform In Latin America, Jonathan L. Hafetz

Fordham International Law Journal

This Article seeks to address important questions raised by pretrial detention and judicial reform in Latin America. It analyzes the potential impact of criminal procedure reforms on pretrial detention rates. It also discusses whether more general ‘rule of law‘ reforms promoted by international donor organizations like the World Bank can affect the abuses associated with prolonged pretrial detention--whether, in other words, the circle may be squared between economic development and human rights. In addition, this Article describes the adoption of central elements of an American-style adversarial system in Latin America and its prospects for influencing judicial reform. It argues that …

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Using One's Head To Sustain One's Heart: A New Focus For The Establishment Of The Caribbean Court Of Justice, Neil Dennis Jan 2002

Using One's Head To Sustain One's Heart: A New Focus For The Establishment Of The Caribbean Court Of Justice, Neil Dennis

Fordham International Law Journal

This Note focuses on the reasonableness of placing the sovereignty argument at the forefront of the Caribbean Court of Justice (CCJ) debate instead of the Caribbean Community (CARICOM) Single Market and Economy (CSME) argument. The reason being is the CSME cannot exist without the CCJ. Part I discusses the background of both the CCJ & the CSME. Part II analyzes the arguments of sovereignty and the CSME for the establishment of the CCJ. Part III advocates that it is wise to argue rationally, in today's age of globalization, rather than emotionally.

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Market Power In Chinese Taipei: Laws, Policies And Treatments, Kung-Chung Liu, Yun-Peng Chu Jan 2002

Market Power In Chinese Taipei: Laws, Policies And Treatments, Kung-Chung Liu, Yun-Peng Chu

Research Collection Yong Pung How School Of Law

The experience of Chinese Taipei shows that opening up a previously protected market to new entrants can be a more effective and reliable way to enhance competition than regulating the behavior of dominant or monopolistic firms. Moreover, when opening up the market, the liberalizing measures adopted by government should be market-structure-neutral. That is, it should not try to dictate the direction and results of market competition. A more pressure-resistant mechanism should be designed to deal with market power, taking the form of a regime that is cross-sector, independent and collective in its decision-making, such as has been the case with …

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Normalized Natural Gradient Adaptive Filtering For Sparse And Nonsparse Systems, Steven L. Grant, S.C. Douglas Jan 2002

Normalized Natural Gradient Adaptive Filtering For Sparse And Nonsparse Systems, Steven L. Grant, S.C. Douglas

Electrical and Computer Engineering Faculty Research & Creative Works

This paper introduces a class of normalized natural gradient algorithms (NNG) for adaptive filtering tasks. Natural gradient techniques are useful for generating relatively simple adaptive filtering algorithms where the space of the adaptive coefficients is curved or warped with respect to Euclidean space. The advantage of normalizing gradient adaptive filters is that constant rates of convergence for signals with wide dynamic ranges may be achieved. We show that the so-called proportionate normalized least mean squares (PNLMS) algorithm, an adaptive filter that converges quickly for sparse solutions, is in fact an NNG on a certain parameter space warping. We also show …

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On The Modeling Of A Gapped Power-Bus Structure Using A Hybrid Fem/Mom Approach, Yun Ji, Todd H. Hubing Jan 2002

On The Modeling Of A Gapped Power-Bus Structure Using A Hybrid Fem/Mom Approach, Yun Ji, Todd H. Hubing

Electrical and Computer Engineering Faculty Research & Creative Works

A hybrid finite-element-method/method-of-moments (FEM/MoM) approach is applied to the analysis of a gapped power-bus structure on a printed circuit board. FEM is used to model the details of the structure. MoM is used to provide a radiation boundary condition to terminate the FEM mesh. Numerical results exhibit significant errors when the FEM/MoM boundary is chosen to coincide with the physical boundary of the board. These errors are due to the inability of hybrid elements on the boundary to enforce the correct boundary condition at a gap edge in a strong sense. A much better alternative is to extend the MoM …

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Reducing Power Bus Impedance At Resonance With Lossy Components, Todd H. Hubing, Theodore M. Zeeff Jan 2002

Reducing Power Bus Impedance At Resonance With Lossy Components, Todd H. Hubing, Theodore M. Zeeff

Electrical and Computer Engineering Faculty Research & Creative Works

Power bus structures in printed circuit boards with solid power and ground planes exhibit resonances. When the power bus is resonant, the power bus impedance can increase dramatically. This paper explores the effect of component equivalent series resistance (ESR) on power bus resonances. General guidelines for selecting an optimum ESR are provided and are supported by laboratory measurements and numerical simulations.

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Restoration Of The Lorentzian And Debye Curves Of Dielectrics And Magnetics For Fdtd Modeling, Marina Koledintseva, Konstantin Rozanov, James L. Drewniak, Gabriele Di Fazio Jan 2002

Restoration Of The Lorentzian And Debye Curves Of Dielectrics And Magnetics For Fdtd Modeling, Marina Koledintseva, Konstantin Rozanov, James L. Drewniak, Gabriele Di Fazio

Electrical and Computer Engineering Faculty Research & Creative Works

The algorithms of extracting the Lorentzianand Debye-curve parameters of dielectric and magnetic materials from the results of measurements at several frequency points are presented. These algorithms are based on an analytical solution of systems of non-linear equations with physical constraints that follow from the fundamental principle of causality. The extracted parameters are useful for FDTD modeling of electromagnetic structures containing such dispersive media. Some examples are presented.

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Analysis Of A Four-Level Dc/Dc Buck Converter, Keith Corzine, J. Yuen, J. R. Baker Jan 2002

Analysis Of A Four-Level Dc/Dc Buck Converter, Keith Corzine, J. Yuen, J. R. Baker

Electrical and Computer Engineering Faculty Research & Creative Works

In this paper, a four-level DC/DC buck power converter is introduced. The primary application for this converter is to regulate the center capacitor voltage in a four-level inverter system. The steady-state and average-value models for the proposed converter are developed and compared in simulation. The converter was constructed in the laboratory and verified on a four-level motor drive system. It was shown that the four-level DC/DC converter provides capacitor voltage balancing and allows higher output voltage utilization from the inverter.

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Sistem Maklumat Latihan Industri, Mazlin Idrus Nor Edelina Jan 2002

Sistem Maklumat Latihan Industri, Mazlin Idrus Nor Edelina

Student Works (2000-2009)

SMLI merupakan satu sistem capaian segala maklumat mengenai Latihan Industri dari capaian borang-borang untuk diisi kepada pangkalan data para pelajar y ng mengikuti Latihan Industri untuk setiap sesi. Dengan adanya sistem ini, dapat memudahkan pihak pentadbir yang menguruskan program Latihan Industri kerana setiap penghantaran data dan pemprosesan data dapat dilakukan didalam sistem ini. SML1 mempunyai kelebihan dan kepentingannya yang tersendiri. Antaranya sistem ini membekalkan maklumat mengenai program Latihan Industri yang diadakan. Selain itu ciri-ciri keselamatan juga ditekankan di dalam sistem ini. Dengan ciri keselamatan ini setiap data yang dihantar ke dalam pangkalan data terdiri daripada data yang sah dan daripada …

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On Justificiation And Method In Law Reform: The Contracts (Rights Of Third Parties) Act 1999, Andrew Phang Jan 2002

On Justificiation And Method In Law Reform: The Contracts (Rights Of Third Parties) Act 1999, Andrew Phang

Research Collection Yong Pung How School Of Law

The present article, whilst focusing on the English Contracts (Rights of Third Parties) Act 1999, does not canvass the more specific details of that Act which have been dealt with quite comprehensively elsewhere. The focus of this article is broader and is dual in nature. It will examine, first, the justification for the 1999 Act and, in particular, attempts to respond to the critique that the Act is wholly anathema to the underlying justification of the doctrine of privity itself. It will also consider whether or not the 1999 Act is an effective improvement over the existing (as well as …

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Logic Functions From Three-Terminal Quantum Resistor Networks For Electron Wave Computing, Cheng-Hsiao Wu, Diwakar Ramamurthy Jan 2002

Logic Functions From Three-Terminal Quantum Resistor Networks For Electron Wave Computing, Cheng-Hsiao Wu, Diwakar Ramamurthy

Electrical and Computer Engineering Faculty Research & Creative Works

Electron transmission characteristics through a generalized three-terminal clean Aharonov-Bohm ring is investigated with an arbitrary terminal configuration. This three-terminal ring is shown to be the most basic quantum resistor network that is suitable for electron wave computing, as we demonstrate in this work. There are four basic classes of three-terminal rings. The scaling relation in each class is deduced. Thus the transmission characteristics in each class are valid from an atomic-scale-sized ring to a mesoscopic-scale-sized one, limited only by the electron phase-breaking length. The Buttiker symmetry rule is essential when searching for basic logic functions. Logic functions such as IF-THEN, …

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Contract Law, Andrew Phang Jan 2002

Contract Law, Andrew Phang

Research Collection Yong Pung How School Of Law

As expected, the number of Singapore cases during the year under review impacting the law of contract is enormous. As I have mentioned in previous reviews, this is due to the fact that the law of contract permeates virtually all areas of the law of obligations – and, on occasion, beyond as well. I will therefore adopt the approach which has been adopted during previous years: which is to focus, in the main, on general principles. There have – as we shall see – been a few cases that are of especial significance. Not surprisingly, given the fact that the …

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