Digital Commons Network^™

"Excluding Indians Not Taxed" : An Examination Of The Phrase's Impact On The Legal Status Of American Indian Individuals, Brad B. Tennant

Theses and Dissertations

No abstract provided.

The Role Of Auditory Feedback In Controlling Voice Fundamental Frequency, Rino Rondinella

Theses and Dissertations

No abstract provided.

Liquid Water In Thunderstorm Anvils Over Kennedy Space Center, Florida : During The Summer 2001 Abfm Field Campaign, Jeffrey J. Schild

Theses and Dissertations

No abstract provided.

Magazine Influence On Males' Self-Reported Body Image, Robert L. Reis

Theses and Dissertations

No abstract provided.

Algorithms For Computing Homology Groups In Cell Complexes And Applications, Mizuho K. Schwalm

Theses and Dissertations

No abstract provided.

Assessing Open Water Expansion From 1991-2002 In The Devils Lake Basin Of North Dakota Using Subpixel Classification Of Remotely Sensed Data, Paul R. Sethre

Theses and Dissertations

No abstract provided.

The Possible Relationship Between Birth Order, Gender And Incidence Of Stuttering, Katy A. Trerise

Theses and Dissertations

No abstract provided.

If You See Something Wrong: The Life And Work Of Raya Kadyrova Of Kyrgyzstan, Kaitlin Barker

Kroc IPJ Research and Resources

Women on the frontline of efforts to end violence and secure a just peace seldom record their experiences, activities and insights – as generally there is no time or, perhaps, they do not have formal education that would help them record their stories. The Women PeaceMakers Program is a selective program for leaders who want to document, share and build upon their unique peacemaking stories. Selected peacemakers join the IPJ for an eight-week residency.

Women PeaceMakers are paired with a Peace Writer to document in written form their story of living in conflict and building peace in their communities and …

Islam And The Challenge Of Democratic Commitment, Dr. Khaled Abou El-Fadl

Fordham International Law Journal

The author questions whether concurrent and simultaneous moral and normative commitments to Islam and to a democratic form of government are reconcilable or mutually exclusive. The author will argue in this Article that it is indeed possible to reconcile Islam with a commitment in favor of democracy. The author will then present a systematic exploration of Islamic theology and law as it relates to a democratic system of government, and in this context, address the various elements within Islamic belief and practice that promote, challenge, or hinder the emergence of an ideological commitment in favor of democracy. In many ways, …

Judicial Activism Of The Shari'ah Appeals Court In Israel (1994 - 2001): Rise And Crisis, Dr. Moussa Abou Ramadan

Fordham International Law Journal

The main thesis of this Article is that after 1994, with the nomination of new qadis to the Shari‘ah Court, a process of judicial activism began, which continues until this day. This process has been characterized by the qadis' attempts to strengthen the position of the Shari‘ah Appeals Court. In some fields the qadis' activism has been more successful than in others. Recently however, it seems that the Shari‘ah system is undergoing a crisis. The author will analyze the actions of the Shari‘ah Appeals Court on several parallel levels: (1) the strengthening of its position compared with those of the …

Penumbras, Privacy, And The Death Of Morals-Based Legislation: Comparing U.S. Constitutional Law With The Inherent Right Of Privacy In Islamic Jurisprudence, Seema Saifee

Fordham International Law Journal

In an effort to separate the Islamic regulatory scheme with respect to the criminalization of consensual sexual conduct from the caricature espoused by many Western thinkers, this Note provides a comparative analysis of the criminalization of private consensual sexual conduct in Islamic law and U.S. constitutional jurisprudence on the right of privacy. Part I provides a brief background of Islamic and U.S. criminal regulations on consensual sex and outlines the evolution of constitutional privacy jurisprudence in the U.S. Supreme Court. Part II first examines the evidentiary and procedural requirements pertaining to the criminalization of consensual sexual intercourse in Islamic law, …

The European Union In Transition: The Treaty Of Nice In Effect; Enlargement In Sight; A Constitution In Doubt, Roger J. Goebel

Fordham International Law Journal

This Article is intended to provide an overview of this transitional moment in the history of the European Union. Initially, the Article will briefly review the background of the Treaty of Nice, and the institutional structure modifications for which it provides, which paves the way for enlargement. Next it will describe the final stages of the enlargement process. Finally, the Article will set out the principal institutional innovations and certain other key aspects of the draft Constitution, the most important issues concerning them, and the current impasse.

Fundamental Facets Of The United States-Jordan Free Trade Agreement: E-Commerce, Dispute Resolution, And Beyond, Mohammad Nsour

Fordham International Law Journal

Part I of this Article discusses e-commerce in the U.S.-Jordan FTA. Part I begins with definitions of basic issues in the e-commerce regime, such as electronic signatures. Thereafter, Part I highlights the ways in which some of the important international regimes have dealt with e-commerce, as in the GATS. Finally, and most importantly, Part I will provide a legal analysis of issues related to e-commerce, which are mentioned in the U.S.-Jordan Joint Statement on E-Commerce, such as privacy. Due to the fact that the World Trade Organization's ("WTO") dispute settlement system is the dominant one for trade disputes, Part II …

The Trial Of Saddam Hussein: What Kind Of Court Should Prosecute Saddam Hussein And Others For Human Rights Abuses, Justice Richard Goldstone

Fordham International Law Journal

The capture of Saddam Hussein alive is of course a cause for rejoicing. His crimes were massive. He left hundreds of thousands of victims in Iraq; the Shiites who dared to oppose him, the Kurds against whom he committed a most terrible genocide. The question now and the subject of this talk is what to do in order to bring him justice. Having captured him and some of his chief lieutenants, how should they be brought to justice? Broadly speaking, there are four options. The first is a wholly domestic trial in Baghdad before Iraqi judges. The second option would …

The Caribbean Court Of Justice: Enhancing The Law Of International Organizations, Sheldon A. Mcdonald

Fordham International Law Journal

This Article will consider the following: Part I will discuss some general issues concerning dispute settlement internationally. Part II discuss dispute settlement systems in the Regional Economic Groupings, including the World Trade Organization ("WTO") (as evidenced in the infamous "Banana Dispute") and the future Free Trade Area of the Americas ("FTAA"), given that the Revised Treaty will be notified under article XXIV of the General Agreement on Trade and Tariffs 1994 and will presumably be accepted as being consistent with the understanding thereunder. Part III will examine the Role of the CCJ as the judicial organ of CARICOM and the …

Moving Forward, Never Backwards: Preventing Fraud In The European Union And Defining European Central Bank Independence , Shaun A. Reader

Fordham International Law Journal

Part I of this Note will describe the need for anti-fraud measures within the Community. Part I will also detail the various legislative actions taken by the Commission, the Parliament and Council, and by the ECB and by the EIB to combat fraud. Part II will present the Commission's case against the ECB, the ECB's defense, the views expressed by Advocate General Jacobs and the ultimate judgment of the ECJ. Part II will focus primarily on the Commission v. ECB, but will note similarities and variances from the Commission's case against the EIB. Finally, Part III will discuss the leeway …

The Special Economic Zones And North Korean Economic Reformation With A Viewpoint Of International Law, Eric Yong-Joong Lee

Fordham International Law Journal

This Article is composed of three Parts. Part I reviews the establishment of the SEZs in North Korea. This Part will introduce four SEZs currently in action and the grand scheme of the Tumen River Area Development Project. The backgrounds, purposes, and roles of the SEZs will also be addressed in this part. Part II deals with the legal instruments of North Korea involved in the economic reformation in these zones. This Part will systematically analyze the laws and regulations relating to inducing foreign investment in SEZs. Part III investigates protection against political risks in the SEZs, which is one …

Puerto Rico Pandemonium: The Commonwealth Constitution And The Compact-Colony Conundrum, Jason Adolfo Otaño

Fordham International Law Journal

This Note will consider the historical background of the compact-colony conundrum and examine the development of self-determination in international law and democracy in the Americas in order to bring to light a new forum for this question. Part I will discuss the historical background necessary in examining this conflict. Part II analyzes the formation of a constitutional government in Puerto Rico, and the reaction of the international and Inter-American communities. Part III argues that Puerto Rico is still a colony of the United States and thus U.S.-P.R. relations violate international and Inter-American law.

Opportunities And Challenges: The Caribbean Involvement In The Free Trade Area Of The Americas, Myrtle D. Bishop, Samuel J. Chandler

Fordham International Law Journal

This Article will examine the region's participation in the process leading to the establishment of the FTAA, and the benefits and challenges associated with its involvement in this hemispheric undertaking. Part One of the Article sets out the rationale for the establishment of the FTAA and the structure of the negotiations. The section also identifies some elements of the unique nature of the proposed grouping. Part Two discusses the challenges facing Caribbean countries as they participate in multilateral trade negotiations, including the FTAA. In Part Three, the Article critically reviews the early stages of the integration process in the Caribbean …

Law "Of Our Own Style": The Evolution And Challenges Of The North Korean Legal System, Patricia Goedde

Fordham International Law Journal

In this Essay, I first briefly present theoretical contexts that may aid in defining the North Korean legal system. Next, I trace the evolution of the North Korean legal system by examining the North Korean reaction to various legal influences of the Japanese occupation, Soviet tutelage, and traditional Korean practices, and outline the current politico-legal structure. In the final section, I inquire whether the North Korean legal structure can accommodate a different legal system necessitating rule-of-law requirements, as applied to its foreign investment regime and, perhaps some day, nationwide. Although the main purpose of this Essay is to introduce the …

Trade, Democracy, And The Ftaa: Public Access To The Process Of Constructing A Free Trade Area Of The Americas, Eric Dannenmaier

Fordham International Law Journal

The Article concentrates on access for non-profit or "public interest" elements of civil society rather than for-profit business interests, because public interest organizations have been more marginalized from the FTAA, and their interests are more diffuse and conflicting - rendering their integration more problematic. It also concentrates on the multilateral process in the context of Ministerial meetings rather than trade policymaking at a national level because of the symbolic value attached to meetings of ministers, and the unique opportunities for public dialogue offered by these high-level meetings.

Ludwik A. Teclaff (1918 – 2003) A Tribute, Joseph C. Sweeney

Fordham International Law Journal

On May 29, 2003, Professor Ludwik A. Teclaff died in his 85th year at his retirement home in St. Petersburg, Florida. Ludwik Teclaff, was a scholar, a patriot, a warrior and a man of faith. He was born in Czestochowa, Poland on November 14, 1918, just before Poland emerged as a newly independent Nation. In 1959 Dr. Teclaff joined the Fordham University School of Law Library, becoming Librarian of the Law School in 1962. During his twenty-four years as Librarian, Dr. Teclaff made the changes in technology and administration that would put Fordham's law library in the front rank of …

Vengeance And Empire: The Leftist Case For War In Iraq – William Shawcross, Allies: The U.S., Britain, Europe, And The War In Iraq , Hal Blanchard

Fordham International Law Journal

Shawcross is superbly equipped to assess the impact of rogue States and terrorist organizations on global security. He is also well placed to comment on the risks of preemptive invasion for existing alliances and the future prospects for the international rule of law. An analysis of the ways in which the international community has “confronted evil,” Shawcross' brief polemic argues that U.S. President George Bush and British Prime Minister Tony Blair were right to go to war without UN clearance, and that the hypocrisy of Jacques Chirac was largely responsible for the collapse of international consensus over the war. His …

Sustainable Development In The Negotiation Of The Ftaa, Marie-Claire Cordonier Segger

Fordham International Law Journal

First, I will briefly explain what is meant by hemispheric sustainable development law. Then, I will discuss the current progress of the FTAA from a sustainable development law perspective. To illustrate the links between trade liberalization, social and environmental law and policy in the Americas, I will briefly highlight potential social and environmental impacts and opportunities in several important areas of negotiations: services, intellectual property rights, competition law, government procurement and investment. (The directions of agricultural liberalization, market access and subsidies are also crucial to sustainable development, but are too extensive to discuss here). Then, I will consider the institutional …

The Just War Ethic In International Law, Joseph C. Sweeney

Fordham International Law Journal

To the student and practitioner of international law in the twenty-first century, the just war ethic is clearly part of Moral Theology--binding the consciences of ethical people everywhere --but it is not part of international law. Nevertheless, there is today a lingering flavor of the Just War Ethic in debates about issues that are partly moral and partly political, such as: 1. the testing and use of nuclear weapons; 2. combating terrorism; and 3. humanitarian intervention to save lives and the human environment. None of these activities is authorized expressly in the United Nations Charter. What is an unjust war …

No Recourse: Transnational Corporations And The Protection Of Economic, Social, And Cultural Rights In Bolivia , Maria Mcfarland Sánchez-Moreno, Tracy Higgins

Fordham International Law Journal

This Report analyzes two cases in which TNC activities have had an impact on Bolivian citizens' enjoyment of economic, social, and cultural rights (“ESC rights”). In so doing, it analyzes not only corporate conduct but also the Bolivian government's role in protecting ESC rights from violation. The cases involve an oil spill by Transredes, a TNC partly owned by Enron and Shell, in Bolivia's Desaguadero River, which affected over one hundred indigenous communities; and the water war that took place in the city of Cochabamba over the privatization of Cochabamba's water system and its operation by the consortium Aguas del …

Two Roads Diverged In A Yellow Wood: The European Community Stays On The Path To Strict Liability, Josephine Liu

Fordham International Law Journal

Part I of this Note will briefly outline Community policy on product liability as detailed by the Product Liability Directive, then review the development of product liability law in various Member States of the European Community. Part II will analyze how the concept of state-of-the-art highlighted tensions between a strict liability regime and a negligence regime in U.S. product liability. It will then review similar discord in the European Community caused by the development risk defense. Finally, Part III of this Note will argue that in contrast to the United States, the European Community has thus far chosen to stay …

An Evaluation Of Voice Quality Of Athletic Coaches Preseason And Postseason, Aynsley L. Kluchnik

Theses and Dissertations

No abstract provided.

An Investigation Of The Relationship Between High-Frequency Hearing Loss And Exposure To Loud Sounds Among Female College Students, Tania Langhan Lafournaise

Theses and Dissertations

No abstract provided.

Constraining Funnel Caldera Processes At VolcáN Huaynaputina, Southern Peru, Yan LavalléE

Theses and Dissertations

No abstract provided.