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2005

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Type Ii Diabetes In The Latino Population, Ann Indovina, Erin Hynes, Elizabeth Kmiecinski, Barbra Cerio-Iocco, Linda Underhill Jan 2005

Type Ii Diabetes In The Latino Population, Ann Indovina, Erin Hynes, Elizabeth Kmiecinski, Barbra Cerio-Iocco, Linda Underhill

RIT Digital Archives

Diabetes Prevention Project; administered by the New York State Department of Health Bureau of Chronic Disease Services Diabetes Prevention and Control Program and funded by the Center for Disease Control. This is the updated information on the Type II diabetes intervention proposal for hispanic populations.

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Some Brief Observations On The Significance Of Deterrence In Braithwaite's 'Pre-Empting Terrorism', Mark Findlay Jan 2005

Some Brief Observations On The Significance Of Deterrence In Braithwaite's 'Pre-Empting Terrorism', Mark Findlay

Research Collection Yong Pung How School Of Law

No abstract provided.

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Statute And Public Policy In Private International Law: Gambling Contracts And Foreign Judgments, Tiong Min Yeo Jan 2005

Statute And Public Policy In Private International Law: Gambling Contracts And Foreign Judgments, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

This note argues that because there is a legal distinction between the public policy defence to the enforcement of foreign judgments under the common law and the corresponding defence in the Reciprocal Enforcement of Commonwealth Judgments Act, the prohibition against the enforcement of foreign wagering transactions under Singapore law is no longer founded on public policy.

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Contract Formation And Mistake In Cyberspace – The Singapore Experience, Andrew B.L. Phang Jan 2005

Contract Formation And Mistake In Cyberspace – The Singapore Experience, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

The present article analyses the many important issues that are raised by what is probably the first case on Internet mistake – the Singapore High Court decision of Chwee Kin Keong v Digilandmall.com Pte Ltd [2004] 2 SLR 594. In addition to the law of (especially, unilateral) mistake, issues relating to the formation of a contract will be considered (including the law relating to offer and acceptance with regard to both website advertisements as well as electronic mail transactions, and the weakness of (and, hence, need to reform) the doctrine of consideration).

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Contract Law, Chee Ho Tham, Pearlie Koh, Pey Woan Lee Jan 2005

Contract Law, Chee Ho Tham, Pearlie Koh, Pey Woan Lee

Research Collection Yong Pung How School Of Law

The rudimentary principle that a contract is only concluded upon the unconditional acceptance of an offer was applied in Koon Seng Construction Pte Ltd v Siem Seng Hing & Co (Pte) Ltd [2005] SGHC 8, where the alleged contract failed in the absence of an unqualified acceptance.

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Facing China: Taiwan’S Status As A Separate Customs Territory In The World Trade Organization, Pasha L. Hsieh Jan 2005

Facing China: Taiwan’S Status As A Separate Customs Territory In The World Trade Organization, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

On Nov 11, 2001, in Doha, Qatar, the Fourth Ministerial Conference of the World Trade Organization (WTO) unanimously approved Taiwan's application for WTO membership, just 24 hours after approving China's admission. Taiwan's choice as the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu, abbreviated as Chinese Taipei, in the WTO, instead of its official name, Republic of China (PRC), shows its reluctant compromise with political reality. The PRC's claim that accession procedures applying to Taiwan and Hong Kong should be identical erroneous because, under international trade law, the ROC is the automatic government acting on behalf of Taiwan and …

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Applying Scenario-Based Design And Claim Analysis To The Design Of A Digital Library Of Geography Examination Resources, Yin-Leng Theng, Dion Hoe-Lian Goh, Ee Peng Lim, Zehua Liu, Ming Yin, Natalie Lee-San Pang, Patricia Bao-Bao Wong Jan 2005

Applying Scenario-Based Design And Claim Analysis To The Design Of A Digital Library Of Geography Examination Resources, Yin-Leng Theng, Dion Hoe-Lian Goh, Ee Peng Lim, Zehua Liu, Ming Yin, Natalie Lee-San Pang, Patricia Bao-Bao Wong

Research Collection School Of Computing and Information Systems

This paper describes the application of Carroll’s scenario-based design and claims analysis as a means of refinement to the initial design of a digital library of geographical resources (GeogDL) to prepare Singapore students to take a national examination in geography. GeogDL is built on top of G-Portal, a digital library providing services over geospatial and georeferenced Web content. Beyond improving the initial design of GeogDL, a main contribution of the paper is making explicit the use of Carroll’s strong theory-based but undercapitalized scenario-based design and claims analysis that inspired recommendations for the refinement of GeogDL. The paper concludes with an …

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Is The Contractor More Secure With A Priority Right? A Functional Analysis Of Article 286 Of Prc Contract Law, Wei Zhang Jan 2005

Is The Contractor More Secure With A Priority Right? A Functional Analysis Of Article 286 Of Prc Contract Law, Wei Zhang

Research Collection Yong Pung How School Of Law

In recent years, China’s economic boom has drawn considerable attention all around the world. Real estate development is among the strongest pillars that support the fast growing GDP of this country. When fascinated by the shining residential buildings, office towers and public facilities sprouting across the country, however, we are also surprised at the mountains of the outstanding debts that Chinese contractors are not able to collect. Statistics shows that the aggregate amount of overdue payment to contractors has increased steadily during the past 15 years nationwide, with about $440 million in 1990, $2.4 billion in 1992, $3.7 billion in …

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Private International Law-Making For The Financial Markets, Caroline Bradley Jan 2005

Private International Law-Making For The Financial Markets, Caroline Bradley

Fordham International Law Journal

This Article argues that transnational financial transactions create new opportunities for private groups to influence legal and regulatory rules. Internationalization of the financial markets has led to harmonization of financial law. Much harmonization of financial law occurs through processes that are apparently public, state-centered, and transparent, but this Article describes three ways in which private and opaque processes have a significant influence on policy development in the area of financial law. These are private international law-making through private involvement in public rule-making processes, through contracting, and through the actions of private sector regulatory entrepreneurs.

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Critical Analysis Of The International Court Of Justice Ruling On Israel's Security Barrier, Michael J. Kelly Jan 2005

Critical Analysis Of The International Court Of Justice Ruling On Israel's Security Barrier, Michael J. Kelly

Fordham International Law Journal

On July 9, 2004, the International Court of Justice (“ICJ”) handed down an Advisory Opinion concerning the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory. In producing the Opinion, the Court traversed issues concerning its jurisdiction to deal with the request, the applicable law, the adherence by Israel to that law, the right of self-defense and the consequences of its findings of unlawfulness. It is well known that the long running issue of Israeli and Palestinian reconciliation is a politically heated one and the work of the ICJ has not been immune from the effects …

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Economic Growth, Democracy, The Rule Of Law, And China's Future, Miron Mushkat, Roda Mushkat Jan 2005

Economic Growth, Democracy, The Rule Of Law, And China's Future, Miron Mushkat, Roda Mushkat

Fordham International Law Journal

China still relies predominantly on the “rule of man” (as distinct from the rule of law) and is by no means ready to embrace democracy. Its foreign policy stance has not been overly aggressive for some time but China may have not acted, at least consistently and unambiguously so, in a manner that reflects its size and status as a leading regional power. The rapid economic growth it has experienced--a pattern that should remain intact--might thus contribute toward internal relaxation and external moderation. Both the internal and external sides of the picture merit careful consideration. However, this Essay focuses, from …

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International Trade & Developing Countries, Steve Charnovitz Jan 2005

International Trade & Developing Countries, Steve Charnovitz

Fordham International Law Journal

This is an introduction to Fordham International Law Journal, Volume 29, Number 2. This book quite appropriately addresses the challenge of trade and developing countries.

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Developing Countries At Crossroads: Aid, Public Participation, And The Regulation Of Trade In Genetically Modified Foods, J.M. Migai Akech Jan 2005

Developing Countries At Crossroads: Aid, Public Participation, And The Regulation Of Trade In Genetically Modified Foods, J.M. Migai Akech

Fordham International Law Journal

This Article reviews the experience of developing countries with the regulation of trade in GM food products in light of such bilateral pressures and argues that there is a need for broader public participation in the regulation of biotechnology as this will facilitate national governance in an era in which the international trade regime is rapidly eroding national regulatory decision-making autonomy. Furthermore, broadening public participation promises to rescue governments of developing countries from the aforementioned bilateral pressures by helping to strengthen their hands in negotiations for technical assistance and food aid. That is, developing country governments can use participatory regulatory …

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Leveling The Playing Field: Labor Provisions In Cafta, Marisa Anne Pagnattaro Jan 2005

Leveling The Playing Field: Labor Provisions In Cafta, Marisa Anne Pagnattaro

Fordham International Law Journal

Part I of this Article details labor problems in CAFTA countries, with specific emphasis on problems related to fundamental labor rights. Part II discusses the labor-related trading objectives mandated by the U.S. Congress in the TPA, including the relationship of those objectives to core international labor standards promulgated by the International Labor Organization ("ILO"). Part III then analyzes the labor provisions that are included in CAFTA. To the extent that these provisions do not fulfill the labor objectives set forth in the TPA and do not adequately promote core international labor standards, Part IV proposes provisions that the United States …

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"External" Versus "Internal" In International Law, Martin S. Flaherty Jan 2005

"External" Versus "Internal" In International Law, Martin S. Flaherty

Fordham International Law Journal

The issues and analyses in this issue of the Fordham International Law Journal provide excellent cases for testing how a conventional approach would mediate current external pressures for legal change on current international and foreign relations law commitments. As it turns out, the results suggest that sovereigntist concerns are overblown, but that internationalist advocates ignore them completely at their peril.

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Transnational Common Laws, H. Patrick Glenn Jan 2005

Transnational Common Laws, H. Patrick Glenn

Fordham International Law Journal

Today, the notion of transnational, or sometimes transsystemic, law has progressed well beyond Jessup's concept. It now includes the international law that Jessup generally dealt with – the (often) national law regulating actions or events that transcend national frontiers – but also now clearly extends to law that is transnational in origin, as opposed to application. The new transnational law can thus be applied to purely internal, and not only international, cases, and its transnational character is derived from the extra-national character of its source or sources. It is often seen in the form of “general principles of law,” which …

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Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Judicial Invocations Of Foreign And International Law, Donald J. Kochan Jan 2005

Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Judicial Invocations Of Foreign And International Law, Donald J. Kochan

Fordham International Law Journal

Part I of this Article presents the background regarding the invocation of foreign and international law in federal courts. It discusses their use as precedential and supportive sources of authority and as the bases for legal liability. Part II discusses the fundamental infirmities and dangers related to the invocation of international and foreign law in U.S. jurisprudence. Further, this Part discusses the implications of such behavior on sovereignty, the rule of law, democratic values, constitutional adherence, foreign policy, and development. In conclusion, this Article finds that adherence or even reference to foreign and international authorities should be avoided if the …

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Dedication To Advocate General Francis Jacobs, Roger J. Goebel Jan 2005

Dedication To Advocate General Francis Jacobs, Roger J. Goebel

Fordham International Law Journal

This issue of the Fordham International Law Journal represents a solid tribute to the attainments of Francis Jacobs produced by a group of respected scholars. Some Articles present a serious analysis of his own opinions, while others review major current issues in the field. Altogether the authors join in expressing their highest respect for Francis Jacobs' extraordinary contribution to the evolution of European Union law, and their expectation that he will continue to provide a valuable impetus to European Union studies as he returns to academic life.

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Tackling Exclusionary Practices To Avoid Exploitation Of Market Power: Some Preliminary Thoughts On The Policy Review Of Article 82, Neelie Kroes Jan 2005

Tackling Exclusionary Practices To Avoid Exploitation Of Market Power: Some Preliminary Thoughts On The Policy Review Of Article 82, Neelie Kroes

Fordham International Law Journal

The subject of this speech is how to improve enforcement of Europe's ban on abuse of monopoly power. This ban is laid down in Article 82 of the Treaty Establishing the European Community (“EC Treaty”), our equivalent of Section 2 of the Sherman Act in the United States. Such enforcement is a crucially important element in ensuring an effective competition policy, which is in turn a key factor in increasing Europe's competitiveness.

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Constitutional Lessons From Europe, George A. Bermann Jan 2005

Constitutional Lessons From Europe, George A. Bermann

Fordham International Law Journal

All legal transplants are problematic, constitutional transplants especially so. And constitutional transplants for federal systems are among the most problematic of all. Still, especially in light of the apparent derailing of the EU's Draft Constitutional Treaty, the question of the relevance of EU constitution-making for constitution-making in federal-style systems elsewhere seems nothing less than compelling. Two problematic themes emerge most forcefully from the EU constitutional adventure just witnessed. One is the utter importance of a sense of identity, and the other is the profound challenge of satisfactorily organizing the processes of democratic participation.

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Judicial Review: Advice For The Deaf?, Laurence W. Gormley Jan 2005

Judicial Review: Advice For The Deaf?, Laurence W. Gormley

Fordham International Law Journal

This article examines the state of judicial protection in the European Community system largely against the background of the debate of recent years, and discusses critically the ostrich-like reaction of the Court to the chorus of criticism relating to its interpretation of the concept of “individual concern” in the fourth paragraph of Article 230 of the Treaty establishing the European Community (“EC Treaty”). It also examines the attempt in the Treaty establishing a Constitution for Europe to establish a different approach to admissibility in respect of some types of Community acts.

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Advocate General Jacobs' Contribution To Competition Law, Valentine Korah Jan 2005

Advocate General Jacobs' Contribution To Competition Law, Valentine Korah

Fordham International Law Journal

This Article focuses on some of AG Jacobs' opinions regarding matters of competition, starting with his contributions on the meaning of “undertaking” in Höfner and AOK, under a combination of the Treaty Establishing the European Community (“EC Treaty”) Articles 82 and 86 (special and exclusive rights), and Risparmio, under Articles 86 and 87 (State aids). It does not deal with many other opinions he wrote on the meaning of “undertaking,” such as those in Albany and Pavlov. Finally, it discusses his opinions on refusals to deal in Bronner and Syfait, along with a selection of other judgments on the topic.

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Harmonization Of Legislation On Migrating Eu Citizens And Third Country Nationals: Towards A Uniform Evaluation Framework?, Piet Jan Slot, Mielle Bulterman Jan 2005

Harmonization Of Legislation On Migrating Eu Citizens And Third Country Nationals: Towards A Uniform Evaluation Framework?, Piet Jan Slot, Mielle Bulterman

Fordham International Law Journal

This Article will deal with the rights of European Union (“EU”) citizens and third country nationals. It first gives a brief overview of the classical doctrine of harmonization of legislation. This is followed by an analysis of the harmonization issues for rights of EU citizens (Part II) and third country nationals (Part III). Subsequently, harmonization methods are discussed (Part IV). Finally, it will attempt to sketch a framework for analysis (Part V).

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The Impact Of U.N. Human Rights Commission Reform On The Ground: Investigating Extrajudicial Executions Of Honduran Street Children, Caroline Mchale Jan 2005

The Impact Of U.N. Human Rights Commission Reform On The Ground: Investigating Extrajudicial Executions Of Honduran Street Children, Caroline Mchale

Fordham International Law Journal

This Note uses the case of Honduran street children to demonstrate that the U.N. Principles have not been adequately implemented, and argues that the international community should use the creation of the U.N. Human Rights Council (“Council”) as an opportunity to insist on better training and monitoring of investigative personnel worldwide. Part I reviews the legal standards establishing extrajudicial executions of street children as a major human rights violation and the Honduran State's duty to investigate. Part I also examines challenges facing Honduran investigative police agencies, including budget crises and accusations of corruption and complicity. Part I concludes with a …

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Introduction: One Hundred Years Of International Law At Fordham University, William Michael Treanor Jan 2005

Introduction: One Hundred Years Of International Law At Fordham University, William Michael Treanor

Fordham International Law Journal

In the past 100 years, the connotations of the term "international" have changed dramatically. The ideas we have of concepts such as "international communication" and "global travel" are dramatically different from what those concepts would have meant to our forebears - if they had even thought in such terms. But an international perspective is not new at Fordham Law School. The idea of the interconnectedness of our social and legal systems with those of other Nations is one of the foundational values of our school, and it has shaped our history since we opened our doors 100 years ago.

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Private Enforcement Of Commission Commitment Decisions: A Steep Climb Not A Gentle Stroll, John Davies, Manish Das Jan 2005

Private Enforcement Of Commission Commitment Decisions: A Steep Climb Not A Gentle Stroll, John Davies, Manish Das

Fordham International Law Journal

This Article examines the validity of the Commission's position on the private enforceability of commitment decisions in national courts in the European Union in light of the current state of European law and other important procedural and practical considerations for third parties wishing to bring enforcement proceedings. As will become apparent, national courts faced with an application for private enforcement will have to grapple with a series of challenging legal issues concerning the nature of commitment decisions. The first of these questions will concern whether a commitment decision, which is a Community measure, will be capable of enforcement by application …

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From Stockholm To New York, Via Rio And Johannesburg: Has The Environment Lost Its Way On The Global Agenda?, Paolo Galizzi Jan 2005

From Stockholm To New York, Via Rio And Johannesburg: Has The Environment Lost Its Way On The Global Agenda?, Paolo Galizzi

Fordham International Law Journal

This Article will examine the response of the international community to the compelling evidence on the environmental crisis facing our Planet. It will analyze the place of the environment in the international agenda from the early 1970s, when an international environmental agenda emerged, to the 2005 World Summit, where Heads of State and Government gathered to renew their commitment to the international agenda for the twenty-first century agreed at the Millennium Summit. More specifically, the Article will examine the "comprehensive" international environmental agenda that has emerged within the U.N.

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The Commission, The "Community Method," And The Smaller Member States, John Temple Lang, Eamonn Gallagher Jan 2005

The Commission, The "Community Method," And The Smaller Member States, John Temple Lang, Eamonn Gallagher

Fordham International Law Journal

This Article discusses several developments concerning the position of the Commission in the institutional structures of the European Union ("EU") that have occurred since then. It does not touch on the many other matters that influenced the debate on the draft Constitutional Treaty, leading to its failure at referendum in France and the Netherlands; these matters include the scope of the draft Treaty, questions concerning its economic, social, and political benefits or disadvantages, the working of the Stability Pact in the Eurozone and the ongoing debate on freedom of services legislation, the purposes for which the EU was originally created …

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Revisiting Miranda After Avena: The Implications Of Mexico V. United States Of America For The Implementation Of The Vienna Convention On Consular Relations In The United States, Elizabeth Samson Jan 2005

Revisiting Miranda After Avena: The Implications Of Mexico V. United States Of America For The Implementation Of The Vienna Convention On Consular Relations In The United States, Elizabeth Samson

Fordham International Law Journal

This Article explores the tension between the limited power of the federal government to implement the ICJ's ruling and the authority of individual U.S. states to effect criminal justice, in consideration of the Vienna Convention and the requirements of the Avena decision. The application of international law within the U.S. federal system will be analyzed, in particular with respect to the Avena, LaGrand, and Breard cases. In view of those cases, the efficacy of remedies in the U.S. federal system for the correction of past violations as well as the prevention of future breaches of the Vienna Convention will be …

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The Simplification Of International Data Privacy Rules, Joel R. Reidenberg Jan 2005

The Simplification Of International Data Privacy Rules, Joel R. Reidenberg

Fordham International Law Journal

This Essay suggests that simplification will actually complicate data protection and will lead to unexpected burdens on industry along with an increase in the data surveillance of citizens. Part I begins with an examination of the global push for simplification. Part II addresses the opportunities for simplification through multiple instruments and some of the experiences with these instruments. Part III presents the obstacles to simplification. These obstacles illustrate fundamental problems with simplification. Part IV concludes with a proposal on “simplifying” technologies that calls for the development and increased use of privacy rights management technologies and technology audits to facilitate international …

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