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2005

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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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Exhaustion Of Local Remedies In Alien Tort Litigation: Implications For International Human Rights Protection, Emeka Duruigbo Jan 2005

Exhaustion Of Local Remedies In Alien Tort Litigation: Implications For International Human Rights Protection, Emeka Duruigbo

Fordham International Law Journal

This Article looks at the scope and application of the local remedies rule in international law and the implications of its introduction in ATS litigation. As has been the case in the rule's introduction to human rights proceedings in other settings, its application in ATS litigation could mean additional work for the courts in fashioning the right way to interpret and apply the rule. For victims of human rights abuse who are seeking justice in the United States, it may not herald a lot of changes, although it could still make their quest a little more difficult. However, it could …

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Recognition Of Cross-Border Insolvency Proceedings: An Evaluation Of Solvent Schemes Of Arrangement And Part Vii Transfers Under U.S. Chapter 15, Jennifer D. Morton Jan 2005

Recognition Of Cross-Border Insolvency Proceedings: An Evaluation Of Solvent Schemes Of Arrangement And Part Vii Transfers Under U.S. Chapter 15, Jennifer D. Morton

Fordham International Law Journal

This Note analyzes whether solvent schemes of arrangement and Part VII transfers should be recognized under Chapter 15. Although this issue primarily concerns U.K. insurance companies, the discussion of Chapter 15 is useful outside the context of insurers. Part I of this Note outlines the requirements for recognition of a scheme of arrangement under § 425 of the Companies Act 1985 and for Part VII transfers under the FSMA, and their prior treatment under 11 U.S.C. § 304. Part II evaluates the statutory criteria under Chapter 15, highlighting differences between Chapter 15 and former § 304, and asserts that solvent …

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Anisotropic Diffusion Of N-Butane And N-Decane On A Stepped Surface, Shrijay Subramaniyan, Jee-Ching Wang Jan 2005

Anisotropic Diffusion Of N-Butane And N-Decane On A Stepped Surface, Shrijay Subramaniyan, Jee-Ching Wang

Chemical and Biochemical Engineering Faculty Research & Creative Works

The diffusion of single n-butane and n-decane molecules on a model stepped surface, Pt(655), and on a corresponding flat surface, Pt(111), is investigated using molecular-dynamics simulations and anisotropic united atom model. The surface step on Pt(655) causes the alkane molecules to adsorb on the lower terrace in all-trans conformations with their long molecular axes adjacent and parallel to the step edge, and to diffuse anisotropically along the surface step via a constant wiggly motion without rotation or marked deviation from the parallel adsorption configuration. At relatively high temperatures, the alkane molecules can temporarily break away from the step edge but …

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Measurement And Prediction Of Pressure Drop In Pneumatic Conveying: Effect Of Particle Characteristics, Mass Loading, And Reynolds Number, Kimberly H. Henthorn, Kinam Park, Jennifer S. Curtis Jan 2005

Measurement And Prediction Of Pressure Drop In Pneumatic Conveying: Effect Of Particle Characteristics, Mass Loading, And Reynolds Number, Kimberly H. Henthorn, Kinam Park, Jennifer S. Curtis

Chemical and Biochemical Engineering Faculty Research & Creative Works

This paper reports the effect of Reynolds number, mass loading, and particle shape and size on pressure drop in a vertical gas-solids pneumatic conveying line. We isolate the effect of one variable while holding all others constant. A commonly used pressure drop correlation and a state-of-the-art multiphase computational fluid dynamics (CFD) models are then assessed by comparing their predictions to experimental data. Deficiencies in the models and the correlation are identified, and possible modifications are proposed. The most notable deficiency is the inability of both the experimental correlation and the CFD model to accurately predict the pressure drop for gas-solids …

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Deuterium Nmr Studies Of Segmental Dynamics Of Anopore-Adsorbed Poly(Methyl Acrylate), Macduff O. Okuom, Frank D. Blum Jan 2005

Deuterium Nmr Studies Of Segmental Dynamics Of Anopore-Adsorbed Poly(Methyl Acrylate), Macduff O. Okuom, Frank D. Blum

Chemistry Faculty Research & Creative Works

Studies of segmental dynamics of polymers at interfaces provide a basis for understanding the properties of composite materials. Interfacial phenomena in multi-phase systems need to be understood as devices made from multi-phase polymeric systems become smaller. Various techniques have been used to investigate interfacial polymers at the air-polymer-solid interface; for example, ellipsometry,1 X-ray,2 and neutron reflectometry.3 These techniques typically characterize the structure (often the thickness) of the polymer layer and are normally used to determine the glass-transition temperature (Tg) through a break in the thicknesstemperature curve. There have been a few reports where the dynamics of polymers at the surface-air …

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Negative Reinforcement And Backtrack-Points For Recurrent Neural Networks For Cost-Based Abduction, Donald C. Wunsch, Ashraf M. Abdelbar, M. A. El-Hemaly, Emad A. M. Andrews Jan 2005

Negative Reinforcement And Backtrack-Points For Recurrent Neural Networks For Cost-Based Abduction, Donald C. Wunsch, Ashraf M. Abdelbar, M. A. El-Hemaly, Emad A. M. Andrews

Electrical and Computer Engineering Faculty Research & Creative Works

Abduction is the process of proceeding from data describing a set of observations or events, to a set of hypotheses which best explains or accounts for the data. Cost-based abduction (CKA) is an AI formalism in which evidence to be explained is treated as a goal to be proven, proofs have costs based on how much needs to be assumed to complete the proof, and the set of assumptions needed to complete the least-cost proof are taken as the best explanation for the given evidence. In this paper, we introduce two techniques for improving the performance of high order recurrent …

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Market Failure And Non-Standard Contracting: How The Ghost Of Perfect Competition Still Haunts Antitrust, Alan J. Meese Jan 2005

Market Failure And Non-Standard Contracting: How The Ghost Of Perfect Competition Still Haunts Antitrust, Alan J. Meese

Faculty Publications

No abstract provided.

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Wetting Kinetics Of Films Containing Non-Adsorbing Polymers, S. Saritha, Xianzhong Zhang, Partho Neogi Jan 2005

Wetting Kinetics Of Films Containing Non-Adsorbing Polymers, S. Saritha, Xianzhong Zhang, Partho Neogi

Chemical and Biochemical Engineering Faculty Research & Creative Works

Kinetics of wetting by a polymer solution have been studied theoretically for a film pinned to a slot. The fluid mechanical equations have been solved using a numerical scheme. The role of polymers appears in the disjoining pressure in the model. The spreading kinetics are observed to follow a power law: a power of (1/4) is observed at short times due to the Laplace pressure, and (1/2) at large times under the Hamaker part of the disjoining pressure at very large times and with no equilibration. It is argued and demonstrated that techniques which have low resolutions such as microscopy …

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The New Censorship: Institutional Review Boards, Philip A. Hamburger Jan 2005

The New Censorship: Institutional Review Boards, Philip A. Hamburger

Faculty Scholarship

Do federal regulations on Institutional Review Boards violate the First Amendment? Do these regulations establish a new sort of censorship? And what does this reveal about the role of the Supreme Court?

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Job Satisfaction Characteristics Of Full -Time Faculty Members At Montana Tribal Colleges, Mary Herak Sand Jan 2005

Job Satisfaction Characteristics Of Full -Time Faculty Members At Montana Tribal Colleges, Mary Herak Sand

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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A Narrative Inquiry Of Non -Profit Organization Turnaround: Leadership Through Operant Focus, Rory A. Weishaar Jan 2005

A Narrative Inquiry Of Non -Profit Organization Turnaround: Leadership Through Operant Focus, Rory A. Weishaar

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Value As A Measure Of Tourism Performance In The Era Of Globalization: Conceptual Considerations And Empirical Findings, Robertico Croes Jan 2005

Value As A Measure Of Tourism Performance In The Era Of Globalization: Conceptual Considerations And Empirical Findings, Robertico Croes

Faculty Scholarship and Creative Works

In general, both the World Tourism Organization (WTO) and the World Travel and Tourism Council (WTTC) consider the trends of tourist arrivals and receipts as indicators in comparing the performance of destinations and regions. These considerations are based on the annual average percentage change in arrivals and receipts and a comparison that is made across time. This methodology is incomplete, however, particularly in light of the new exigencies of globalization. The study proposes an alternative approach based on the concept of value. Value is founded on the premises of microeconomics, and it provides more reliable and effective information to improve …

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Clif Merritt And Wilderness Wildlife : Learning How To Live In Paradise, Robert N. Baker Jan 2005

Clif Merritt And Wilderness Wildlife : Learning How To Live In Paradise, Robert N. Baker

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Improving Agricultural Productivity In Thailand, James M. Biondich Jan 2005

Improving Agricultural Productivity In Thailand, James M. Biondich

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Book Review Of Jean Stefancic & Richard Delgado, How Lawyers Lose Their Way: A Profession Fails Its Creative Minds (2005), Milton C. Regan Jan 2005

Book Review Of Jean Stefancic & Richard Delgado, How Lawyers Lose Their Way: A Profession Fails Its Creative Minds (2005), Milton C. Regan

Georgetown Law Faculty Publications and Other Works

"How Lawyers Lose Their Way" claims that lawyers' unease stems from a distinctive source: their excessive use of and exposure to "formalism" in their work. I think that they are on to something, but the analysis in this book is too underdeveloped to provide much insight into what it is. The authors' use of the term "formalism" risks being so inclusive that it loses explanatory power. In addition, their claim that overreliance on formalism is the chief culprit in lawyers' unhappiness is vulnerable to the charge that lawyers arc suffering the effect of trends in the workplace affecting a wide …

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Obesity And The Struggle Within Ourselves, Maxwell Gregg Bloche Jan 2005

Obesity And The Struggle Within Ourselves, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

The author argues that we ought to treat our eating, exercise habits, and girth as personal matters, for the most part, but that law can and should make a contribution, as an ally of our longer-term will against our immediate cravings. Law can be our ally in this fashion without command-and-control intrusion into our private lives. Such intrusion is at odds with our core beliefs and unlikely to produce public health success. It is more likely to provoke popular backlash--one reason why some who stand to gain from our unhealthy dining choices try to cast government efforts to inform these …

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