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2004

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Just War Theory Requires A New Federation Of Democratic Nations, John J. Davenport Jan 2004

Just War Theory Requires A New Federation Of Democratic Nations, John J. Davenport

Fordham International Law Journal

I have two goals in these remarks: to support Elshtain's Augustinian argument in her lecture that there can be no true peace with tyrannical regimes, and to critique the U.N. versus U.S. dichotomy that she employs in her most recent book, Just War Against Terror. This book was finished after September 11, 2001 and the war against the Taliban, but before the current U.S. administration began advocating a war to overthrow Hussein's dictatorship in Iraq. Yet the questions that her book raises have become even more relevant since the breakdown of our old alliances over the Iraq war.

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The Fraying Shoestring: Rethinking Hybrid War Crimes Tribunals, James Cockayne Jan 2004

The Fraying Shoestring: Rethinking Hybrid War Crimes Tribunals, James Cockayne

Fordham International Law Journal

This Article looks in detail at whether the Special Court is, at present, succeeding or failing, drawing lessons along the way both for the system of international criminal justice generally, and more specifically for U.N. enforcement of the law of war. In Section II, this Article suggests a method for measuring success and failure in an international criminal tribunal. It suggests that there are a number of identifiable performance standards which should guide our assessment, each linked to a stakeholder group: the international community, the affected population, and the defendants. In Sections III-V, this Article assesses the Special Court's early …

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The European Convention On Human Rights And Counter-Terrorism, John Hedigan Jan 2004

The European Convention On Human Rights And Counter-Terrorism, John Hedigan

Fordham International Law Journal

No part of the world has more experience with terrorism than Europe. The response of the Council of Europe through the jurisprudence of the European Court of Human Rights to its experience of terrorism may therefore assist in the ongoing battle against terrorism. The European Convention reflects in many ways libertarian political and cultural values shared with the United States. Its interpretation by the Court in the light of counter-terrorist measures by concerned governments may therefore have some relevance in the United States.

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Argentina's Reparations Bonds: An Analysis Of Continuing Obligations, Christina M. Wilson Jan 2004

Argentina's Reparations Bonds: An Analysis Of Continuing Obligations, Christina M. Wilson

Fordham International Law Journal

This Note will address the various avenues along which the reparation recipients might pursue the vindication of their right to reparations. Part I will provide background information on the Dirty War, reconciliation process, reparation laws and the economic events that resulted in Argentina's sovereign debt crisis. Part I will also describe the various sources of law both domestic and international upholding the right to reparations. Part II will explore the various cases that have interpreted this right and the implications they have on the reparation recipients' possible remedies. Part III will analyze which of these remedies seems most likely to …

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Article 82: Remedies In Search Of Theories?, Ian S. Forrester Jan 2004

Article 82: Remedies In Search Of Theories?, Ian S. Forrester

Fordham International Law Journal

I submit that over the last two or three years, we may observe troubling signs that Article 82 of the EC Treaty is being used more as an adjunct to industrial policy than as a pure competition law tool. This is especially evident in refusal to deal cases. The intervention of antitrust in a situation of refusal to deal is a critical pointer of how an antitrust enforcer perceives itself and of what kind of competition law is in force. At a time when ten new agencies have joined the family, it is especially desirable to approach controversies in a …

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The Treaty Establishing A Constitution For Europe, Jeremy Lever Jan 2004

The Treaty Establishing A Constitution For Europe, Jeremy Lever

Fordham International Law Journal

This Article contains some reflections concerning the Draft Treaty establishing a Constitution for Europe (“the Draft Treaty”), which was approved by the European Council on September 28, 2004 and formally signed in Rome on October 29, 2004. At the time of writing in early 2005, it is presently in the process of ratification by the twenty-five Member States of the European Union (“EU”). The Article is primarily concerned with the extent to which the Treaty is a constitution, and its merits and demerits as such. It does not go in any depth into the political desirability of some of the …

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Introduction & Dedication, Gil Loescher Jan 2004

Introduction & Dedication, Gil Loescher

Fordham International Law Journal

This issue is dedicated to Arthur, and the Articles that appear within reflect his broad interests and concerns regarding human rights, refugees, and international law. During his last year at the Council on Foreign Relations, Arthur turned his attention to the Palestinian refugee issue and wrote an Essay on practical solutions to the Palestinian refugee question. That Essay appears within these pages. Arthur reviews the past experience with durable solutions--repatriation, resettlement, and local integration--for other protracted refugee situations as well as lessons from past compensation arrangements and their applicability to the Palestinian situation. He concludes by arguing that Palestinian refugees …

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Refugees, Internally Displaced Persons, And International Humanitarian Law, Francois Bugnion Jan 2004

Refugees, Internally Displaced Persons, And International Humanitarian Law, Francois Bugnion

Fordham International Law Journal

The fact that war is the primary cause of people being uprooted prompts us to ask what protection the law of armed conflict affords refugees and displaced persons. How does humanitarian law protect groups of civilians from being forced to flee? What protection does it offer those who have nevertheless been uprooted, and how does that protection interrelate with refugee law? How can the Red Cross and Red Crescent organizations, in particular the International Committee of the Red Cross (“ICRC”), come to the aid of refugees and displaced persons? These are the questions this Article aims to answer. First, however, …

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Refuge In An Insecure Time: Seeking Asylum In The Post-9/11 United States, Eleanor Acer Jan 2004

Refuge In An Insecure Time: Seeking Asylum In The Post-9/11 United States, Eleanor Acer

Fordham International Law Journal

The current climate of insecurity has in a sense presented an opportunity for those with restrictive immigration agendas to use a new vocabulary to advance long desired objectives as well as new policies that sacrifice fairness and negatively affect immigrants. The result has been a decline in due process and the undermining of basic protections of international refugee and human rights law, including: the prohibition on arbitrary detention, embodied in Article 9 of the International Covenant on Civil and Political Rights; the prohibition on returning a refugee to persecution, the cornerstone of the 1951 Convention Relating to the Status of …

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Biological Implications Of Surrounding Land-Use On Wetland Health : A Conservation Agriculture Analysis, Gregory W. Meyer Jan 2004

Biological Implications Of Surrounding Land-Use On Wetland Health : A Conservation Agriculture Analysis, Gregory W. Meyer

Theses and Dissertations

No abstract provided.

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Claiming The Frontier : A Study Of Northeastern New York, 1749 To 1775, Erik L. Towne Jan 2004

Claiming The Frontier : A Study Of Northeastern New York, 1749 To 1775, Erik L. Towne

Theses and Dissertations

No abstract provided.

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X-Ray Diffraction And Raman Spectroscopic Studies On A1- And Ni-Doped Prba₂Cu₃O-- Epitaxial Films, Siying Wang Jan 2004

X-Ray Diffraction And Raman Spectroscopic Studies On A1- And Ni-Doped Prba₂Cu₃O-- Epitaxial Films, Siying Wang

Theses and Dissertations

No abstract provided.

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Issues Of Opression And Liberation : Un-Covering The Image Of The Veil, Jane Eleanor Sykes Jan 2004

Issues Of Opression And Liberation : Un-Covering The Image Of The Veil, Jane Eleanor Sykes

Theses and Dissertations

No abstract provided.

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Effect Of Two Different Exercise Modalities On The Components Of The Metabolic Syndrome, Heather R. Thompson Jan 2004

Effect Of Two Different Exercise Modalities On The Components Of The Metabolic Syndrome, Heather R. Thompson

Theses and Dissertations

No abstract provided.

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A Place To Call Home : A Look At College Students And Online Community, Megan N. Tollefson Jan 2004

A Place To Call Home : A Look At College Students And Online Community, Megan N. Tollefson

Theses and Dissertations

No abstract provided.

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Prince Vladimir And Russia's Conversion To Christianity : Cultural And Economic Connections Between Kiev And Constantinople, Jennie Weber Jan 2004

Prince Vladimir And Russia's Conversion To Christianity : Cultural And Economic Connections Between Kiev And Constantinople, Jennie Weber

Theses and Dissertations

No abstract provided.

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The Sources Of Coaching Efficacy Among Female Women's Softball Coaches, Kari Tuton Jan 2004

The Sources Of Coaching Efficacy Among Female Women's Softball Coaches, Kari Tuton

Theses and Dissertations

No abstract provided.

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A Hierarchy For Solution Sets Of Conjunctive Normal Form Boolean Expressions, Jason James Smith Jan 2004

A Hierarchy For Solution Sets Of Conjunctive Normal Form Boolean Expressions, Jason James Smith

Theses and Dissertations

No abstract provided.

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Age Structure Of A Northern Prairie Population Of Wood Frogs, Rana Sylvatica, Kyla K. Schneider Jan 2004

Age Structure Of A Northern Prairie Population Of Wood Frogs, Rana Sylvatica, Kyla K. Schneider

Theses and Dissertations

No abstract provided.

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Queering George Farquhar's The Recruiting Officers, John Tollef Thompson Jan 2004

Queering George Farquhar's The Recruiting Officers, John Tollef Thompson

Theses and Dissertations

No abstract provided.

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Costume Designs For Proof, Livia Jane Schonteich Jan 2004

Costume Designs For Proof, Livia Jane Schonteich

Theses and Dissertations

No abstract provided.

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A Contemporary Geography Of Southeastern North Dakota's Manufacturing Success, James A. Rush Jan 2004

A Contemporary Geography Of Southeastern North Dakota's Manufacturing Success, James A. Rush

Theses and Dissertations

No abstract provided.

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Evapotranspiration Changes At A Prairie Wetland Restoration With A Surface Energy Balance Approach : A Remote Sensing Perspective, Jason William Oberg Jan 2004

Evapotranspiration Changes At A Prairie Wetland Restoration With A Surface Energy Balance Approach : A Remote Sensing Perspective, Jason William Oberg

Theses and Dissertations

No abstract provided.

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The Meaning Of Tribal Sovereighty Among Members Of A South Dakota Sioux Tribe, Rae Ann Red Owl Jan 2004

The Meaning Of Tribal Sovereighty Among Members Of A South Dakota Sioux Tribe, Rae Ann Red Owl

Theses and Dissertations

No abstract provided.

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Characterization Of Hot Gas Filter Ash Strength Development During Hot Gas Filtration, Biplab Mukherjee Jan 2004

Characterization Of Hot Gas Filter Ash Strength Development During Hot Gas Filtration, Biplab Mukherjee

Theses and Dissertations

No abstract provided.

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Methods Of Measuring Contamination In Wood From Buildings At The Badger Army Ammunition Plant, Kyle M. Rasmussen Jan 2004

Methods Of Measuring Contamination In Wood From Buildings At The Badger Army Ammunition Plant, Kyle M. Rasmussen

Theses and Dissertations

No abstract provided.

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The Relationships Among Three Components Of Perceived Risk Of Injury, Previous Injuries And Gender In Non-Contact/Limited Contact Sport Athletes, Jennifer M. Reuter Jan 2004

The Relationships Among Three Components Of Perceived Risk Of Injury, Previous Injuries And Gender In Non-Contact/Limited Contact Sport Athletes, Jennifer M. Reuter

Theses and Dissertations

No abstract provided.

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North Dakota Homeland Security Strategy, Susan Reinertson Jan 2004

North Dakota Homeland Security Strategy, Susan Reinertson

Theses and Dissertations

No abstract provided.

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Comparative Population Dynamics Of Freshwater Dinoflagellates Of The Genera Peridinium And Peridiniopsis, Andy Canion Jan 2004

Comparative Population Dynamics Of Freshwater Dinoflagellates Of The Genera Peridinium And Peridiniopsis, Andy Canion

Honors Theses

Freshwater dinoflagellates, like their marine relatives, have the potential to reach large population sizes known as blooms. Though they are not toxic like some marine forms, freshwater blooms may have a large impact in their respective ecosystem. This study investigated the temporal and spatial changes in population density of four Peridinium species (P. deflandrei, P. volzii, P. wisconsinense, and P. limbatum) and one Peridiniopsis species (Peridiniopsis polonicium) in Boondoggle Lake, a shallow lake (4.5 m) in northern Mississippi (Lafayette Co.). On each sampling date, measurements of the abiotic environment were made, including dissolved oxygen, temperature, pH, and turbidity. Also, water …

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Vincentiana Vol. 48, No. 1 [Full Issue] Jan 2004

Vincentiana Vol. 48, No. 1 [Full Issue]

Vincentiana

No abstract provided.

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