Digital Commons Network^™

Developments In International Commercial Dispute Resolution In 2003, Mark W. Friedman, Jack J. Coe, William W. Park, Dietmar W. Prager

The International Lawyer

No abstract provided.

International Procurement, Paul M. Lalonde, Michael E. Burke, Kenneth Fries, Martin Trybus

The International Lawyer

No abstract provided.

Hydrogen Sulfide Flux Measurements And Dispersion Modeling From Constr, Sangho Eun

Electronic Theses and Dissertations

Odor problems are a common complaint from residents living near landfills. Many compounds can cause malodorous conditions. However, hydrogen sulfide (h2s) has been identified as a principal odorous component from construction and demolition (c&d)debris landfills. Although several studies have reported the ambient concentrations of h2s near c&d landfills, few studies have quantified emission rates of h2s. The most widely used and proven technique for measuring gas emission rates from landfills is the flux chamber method. Typically the flux chamber is a cylindrical enclosure device with a spherical top which limits the gas emission area. Pure zero grade air is introduced …

Degenerate Democracy: The Neoliberal And Corporate Capture Of America's Agenda, Richard W. Behan

Public Land & Resources Law Review

No abstract provided.

The Power Of Congress "Without Limitation" In The Twenty-First Century, Peter A. Appel

Public Land & Resources Law Review

No abstract provided.

Private Instream Rights: Western Water Oasis Or Mirage? An Examination Of The Legal And Practical Impediments To Private Instream Rights In Alaska, George A. Kimbrell

Public Land & Resources Law Review

No abstract provided.

Nevada V. Hicks And Tribal Civil Liberties Jurisdiction: A Plea For Federal Consistency, Amy R. Pivetta Hoffman

Public Land & Resources Law Review

No abstract provided.

Beyond Mere Ownership: How The Confederated Salish And Kootenai Tribes Used Regulatory Control Over Natural Resources To Establish A Viable Tribal Homeland, Jason Williams

Public Land & Resources Law Review

No abstract provided.

The Utility Of Pro Bono Representation Of U.S.-Based Amicus Curiae In Non-U.S. And Multi-National Courts As A Means Of Advancing The Public Interest, Madeleine Schachter

Fordham International Law Journal

Among the myriad ways that the interests of underprivileged persons and groups can be protected and promoted, and other causes of public interest can be served, is through the participation by amicus curiae in litigation adjudicating relevant issues. Amici must "identify every person or entity, other than the amicus curiae, its members, or its counsel, who made a monetary contribution to the preparation or submission of the brief." An amicus who has been adversely affected as an individual by enforcement of a law that a corporate litigant is contesting may be able to poignantly present the law's ramifications through personal …

Wto And Gmos: Analyzing The European Community's Recent Regulations Covering The Labeling Of Genetically Modified Organisms, Brian Schwartz

Michigan Journal of International Law

This Note explores the compatibility of the EC's GMO regulations within the framework of the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement"), the Agreement on Technical Barriers to Trade ("TBT Agreement"), and the General Agreement on Tariffs and Trade 1994 ("GATT 1994" or "GAT"), all integral parts of the WTO Agreement. Part II presents arguments for or against the use of GM-products. Part III explores the concept of ecolabeling by analyzing the general goals of such programs, including the economic theory behind green consumerism and the characteristics necessary for effective schemes. Part IV describes the core …

Lessons From The Protracted Mox Plant Dispute: A Proposed Protocal On Marine Environmental Impact Assessment To The United Nations Convention On The Law Of The Sea, Maki Tanaka

Michigan Journal of International Law

Although the ITLOS order attempted to facilitate dialogue between the parties, the Tribunal was incapable of addressing the root cause of the MOX plant controversy, namely the lack of an adequate mechanism for transboundary environmental impact assessment at the onset of the conflict under UNCLOS. Similarly, the OSPAR and Annex VII tribunals have failed to bring about the efficient resolution of this procedural environmental dispute. This Article addresses the prevention of similar incidents by proposing the creation of a marine environmental impact assessment protocol to UNCLOS to make assessment procedures operational from the initial stage of controversial projects.

The Future Of Law And Development: Second Generation Reforms And The Incorporation Of The Social, Kerry Rittich

Michigan Journal of International Law

This paper probes the manner in which the IFIs are managing the incorporation of social justice and greater participation in the development agenda, and describes how the pursuit of social objectives, in turn, is affected by the governance agenda as a whole.

When Yasir Esam Hamdi Meets Zacarias Moussaoui, Frank Durham

Richmond Journal of Global Law & Business

No abstract provided.

Dow Jones & Co. V. Gutnick: Will Australia's Long Jurisdictional Reach Chill Internet Speech World-Wide?, Nathan W. Garnett

Washington International Law Journal

In December of 2002, the High Court of Australia issued its decision in Dow Jones & Co. v. Gutnick, holding that Dow Jones could be haled into court in Australia for the publication of defamatory material on the Internet. This decision was surprising because the material in question was published in the United States on Dow Jones's New Jersey web servers. This decision makes Australia the only country that allows an action against a foreign defendant based solely on an Internet download in that country. However, the structure of the Gutnick opinion may open the door for other countries …

Regulation Of Stem Cell Research: A Recommendation That The United States Adopt The Australian Approach, Bryn E. Floyd

Washington International Law Journal

Research using embryonic stem cells may lead to great medical advances because of their ability to differentiate into nearly any type of human tissue. Currently, the United States regulates embryonic stem cell research by limiting the stem cell lines that can be studied using federal money or by scientists working at federally-funded institutions. The states are left to regulate privately funded research, if they choose. This creates a situation in which federally-funded research is severely limited, while private funds may be used to conduct ethically problematic research. In contrast, the Australian Parliament has passed legislation regulating embryonic stem cell research …

The Protection Of Reproductive Rights Under International Law: The Bush Administration's Policy Shift And China's Family Planning Practices, Hannah A. Saona

Washington International Law Journal

On his first day in office, U.S. President George W. Bush reinstated a policy that restricts United States Agency for International Development funding of foreign non-governmental organizations. A year and a half later, President Bush attracted media attention by rejecting funding commitments to the United Nations Population Fund ("UNFPA") based on its alleged involvement with the People's Republic of China ("PRC"). The PRC, in an effort to curb rampant population growth, has adopted a one child per couple policy. This policy has, in some cases, led to the use of coercive family planning practices such as forced abortion and sterilization. …

Australia's "Most Extreme Case": A New Alternative For U.S. Medical Malpractice Liability Reform, Steven T. Masada

Washington International Law Journal

The United States currently confronts a severe increase in medical costs and a simultaneous decrease in the availability of health care services. A nearly identical situation recently emerged in the Commonwealth of Australia. This phenomenon, often labeled the "medical malpractice crisis," results in part from an increasing litigious trend spurred on by the appeal of potentially enormous damage awards. More lawsuits filed and increased award amounts raise the liability of health care providers and generate uncertainty in the medical malpractice insurance market. This in turn drives up the costs of insurance policy premiums and ultimately forces health care providers to …

Catching The Money Train: Using The Alien Tort Claims Act To Hold Private Banks Liable For Human Rights Abuses, Elizabeth T. Reichard

Case Western Reserve Journal of International Law

No abstract provided.

Child Sexual Abuse In Tanzania And Kenya, Kevin Lalor

Articles

Objective. Most research on child abuse in Tanzania and Kenya is unpublished in the international literature. The purpose of this paper is to examine the various commentaries and reports extant, towards an overview of the nature and frequency of child sexual abuse in Tanzania and Kenya. Methods. Contacts were made with academics, government departments, NGOs and UN agencies. This was followed by a field trip in the summer of 2001 where all available reports were examined and a wide range of interviews conducted. Results. Little empirical data exist on child sexual abuse in Tanzania. It is widely perceived that it …

The Ramifications Of West Virginia's Codified Child Custody Law: A Departure From Garska V. Mccoy, John D. Athey

West Virginia Law Review

No abstract provided.

Cooperation And Self-Interest Are Strange Bedfellows: Limited Waiver Of The Attorney-Client Privilege Through Production Of Privileged Documents In A Government Investigation, Ashok M. Pinto

West Virginia Law Review

No abstract provided.

Federal Justice And Moral Reform In The United States District Court In Indiana, 1816-1869, George W. Geib, Donald B. Kite

Scholarship and Professional Work - LAS

In November 1840, William Martin, an Indiana mail stage driver found himself standing in United States District Court, convicted of stealing a letter containing bank notes from the mail.^1 District Judge Jesse Lynch Holman reviewed the evidence that convinced the jury, and then lectured the defendant upon his future prospects:

The prospect before you is truly dark and dreary; yet there is a distant ray of hope that may enlighten your path You may do much by a patient submission to the law—by a reformation of life and an upright line of conduct ... to some extent, to regain a …

Sibyl 2004, Otterbein University

Otterbein University Yearbooks

No abstract provided.

The Need For Parity In Health Insurance Benefits For The Mentally And Physically Disabled: Questioning Inconsistency Between Two Leading Anti-Discrimination Laws, Sarah Ritz

Journal of Law and Health

Discriminatory practices by the insurance industry, such as benefit limits (caps) on mental health services coverage, or complete lack of mental health care coverage fuel the disparate treatment of those with mental disabilities. These discriminatory practices have been the subject of much debate, and cases challenging those principles have not fared well in the court system. These insurance practices, which single out persons with mental illness and provide them with little or no benefits for mental health care, violate the terms of the Americans with Disabilities Act ("ADA"), and are inconsistent with other laws that seek to remedy discrimination against …

Occupational Risk: The Outrageous Reaction To Hiv Positive Public Safety And Health Care Employees In The Workplace, Manju Gupta

Journal of Law and Health

Society, including the legal profession, fears the risk of transmission of HIV in an occupational setting. This is particularly true for those in the health care and public safety settings (fire fighters, police, and healthcare practitioners). This note will assert that the law should afford HIV infected public safety and healthcare employees the right to continue in their occupations. According to current medical evidence, when public safety and healthcare employees use universal precautions the risk of transmission to a person(s) assisted is insignificant. At the beginning of the epidemic, the medical profession had yet to conduct research, and the risks …

Immigration (Reference Entry), Harry Van Der Linden

Scholarship and Professional Work - LAS

"Immigration," published in Ethics, Revised Edition, pages 715-17, reprinted (or reproduced) by permission of the publisher Salem Press. Copyright, ©, 2004 by Salem Press.

Eos Spheres, Vol. 3, Issue 1 (Winter 2004), University Of New Hampshire. Institute For The Study Of Earth, Oceans And Space

EOS Spheres

Newsletter of the Institute for the Study of Earth, Oceans, and Space, at the University of New Hampshire.

Play It Again, Sam: Webcasters’ Sound Recording Complement As An Unconstitutional Restraint On Free Speech, Amanda S. Reid

UC Law SF Communications and Entertainment Journal

Music embodies two copyrights: one for the words and notes, and another for the particular sound recording. Copyright law provides for a compulsory license that enables a Webcaster to transmit songs without first negotiating price and permission, provided a royalty fee is paid. A condition for being eligible for the statutory license is compliance with the "sound recording performance complement," which limits the number of songs that may be played during a three-hour period to no more than three songs from one album, and no more than two songs back to back. This Article argues that the "sound recording performance …

The Fight Master, Fall/Winter 2004, Vol. 27 Issue 2, The Society Of American Fight Directors

Fight Master Magazine

No abstract provided.

Assessment And Conservation Of Aquatic Life In The Subsurface Of The Pilbara Region, Western Australia, Harley J. Barron, James Cocking, Stefan Eberhard

KIP Talks and Conferences

To provide a framework for assessment of mine development projects in the Pilbara, as well to plan conservation of groundwater biodiversity, the Department of Conservation and Land Management (CALM) is undertaking a five-year survey (2002 to 2007) of Pilbara stygofauna. The project aims to map regional patterns in subterranean biodiversity by sampling the range of groundwater environments that can be accessed via bores, wells, caves, springs, spring-brooks and hyporheic habitats. The first year of sampling has revealed many new stygal species, and indicate that stygofauna is abundant and widely distributed across the region, and occurs in several different aquifer types. …