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2006

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Transition Rule Elicitation Methods For Urban Cellular Automata Models, Junfeng Jiao, Luc Boerboom Jan 2006

Transition Rule Elicitation Methods For Urban Cellular Automata Models, Junfeng Jiao, Luc Boerboom

Research Collection College of Integrative Studies

In this chapter, transition rules used in urban CA models are reviewed and classified into two categories: transition potential rules and conflict resolution rules. Then, four widely used rule elicitation methods: Regression analysis, Artificial Neural network (ANN), Visual calibration, and Analytical Hierarchy Processing – Multi Criteria Evaluation (AHP-MCE) are discussed. Most of these methods are data driven methods and can be used to elicit the transition potential rules in the urban CA models. In the following, three possible rule elicitation methods: Interview, Document analysis, and Card sorting are explained and demonstrated. These three methods are driven by knowledge and can …

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Global Collaboration In Law Schools: Lessons To Learn, Elizabeth B. Cooper Jan 2006

Global Collaboration In Law Schools: Lessons To Learn, Elizabeth B. Cooper

Fordham International Law Journal

This Introduction to the Symposium, Global Alliance for Justice Education (“GAJE”) North American Regional Conference, discusses four articles in the Fordham International Law Journal that advance a growing goal of the GAJE: developing scholarship to facilitate justice education and increasing awareness of the global justice movement. Each of the following four articles identifies ways in which collaborating law professors in significantly different contexts--China, South Africa, Nicaragua, and the United States--can learn from each other to develop vital programs of legal education and to strive for social justice.

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The Duality Of State Cooperation Within International And National Criminal Cases, Geert-Jan Alexander Knoops, Robert R. Amsterdam Jan 2006

The Duality Of State Cooperation Within International And National Criminal Cases, Geert-Jan Alexander Knoops, Robert R. Amsterdam

Fordham International Law Journal

This Article seeks to elaborate on various responses to challenges to the rule of law. The authors consider certain of the greatest of these challenges to center around illegitimate control of State organs by groups capable of infringing presumptive rights granted under treaty to States that in a systematic and continuous way resort to abuse of process. This Article, dealing with the equality of arms, is therefore only the first of a series exploring both this problem and the manner in which it may be addressed. This Article assesses whether and to what extent State cooperation, both before international tribunals …

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Addressing The Emergence Of Advocacy In The Chinese Criminal Justice System: A Collaboration Between A U.S. And A Chinese Law School , Robert Lancaster, Ding Xiangshun Jan 2006

Addressing The Emergence Of Advocacy In The Chinese Criminal Justice System: A Collaboration Between A U.S. And A Chinese Law School , Robert Lancaster, Ding Xiangshun

Fordham International Law Journal

This Article addresses how the procedural, educational, and professional changes in China’s legal system have affected criminal trial procedure and criminal trial practice in the country. It discusses how these changes have created a need for Chinese criminal judges, prosecutors, and defense attorneys to be well versed in the adversarial process. It describes how the China Trial Advocacy Institute, a collaborative project between Renmin University of China School of Law and Indiana University School of Law-Indianapolis, has developed to help address this emerging need.

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Re-Imagining International Law: An Examination Of Recent Trends In The Reception Of International Law Into National Legal Systems In Africa, Richard Frimpong Oppong Jan 2006

Re-Imagining International Law: An Examination Of Recent Trends In The Reception Of International Law Into National Legal Systems In Africa, Richard Frimpong Oppong

Fordham International Law Journal

This article suggests that the trend of accepting the supremacy and direct application of international law represents a rethinking of the relationship between international and national law, and that its full implications are yet to be explored. The Article seeks to build on current writings on the subject by analyzing certain regional arrangements and judicial approaches relevant to, but often ignored in the discussion. It attempts not to situate these arrangements or approaches within or outside of the monist/dualist paradigm, but to assess the practical significance of these arrangements for international law, national law, and their respective subjects.

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Kriegsraison Or Military Necessity? The Bush Administration's Wilhelmine Attitude Towards The Conduct Of War, Scott Horton Jan 2006

Kriegsraison Or Military Necessity? The Bush Administration's Wilhelmine Attitude Towards The Conduct Of War, Scott Horton

Fordham International Law Journal

One phrase from a memorandum issued by President George W. Bush early in the War on Terror offers an effective summary of a radically transformed military doctrine. “As a matter of policy,” Bush wrote, “the United States Armed Forces shall continue to treat detainees humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.” The statement offered a sense of assurance of continuity of U.S. military doctrine, which many generations viewed as being at or near the vanguard in assuring high standards for the treatment of military prisoners. This was …

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Clinical Legal Education And The Reform Of The Higher Legal Education System In China, Mao Ling Jan 2006

Clinical Legal Education And The Reform Of The Higher Legal Education System In China, Mao Ling

Fordham International Law Journal

This Article presents an overview of the higher legal education system in China: its structure, purposes, teaching methods, and problems. The Article suggests ways to reform China's higher legal education system, including clinical legal education, one of the new practical teaching methods that has been used by many law schools in China with promising results.

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An Internet-Based Mental Disability Law Program: Implications For Social Change In Nations With Developing Economies, Michael L. Perlin Jan 2006

An Internet-Based Mental Disability Law Program: Implications For Social Change In Nations With Developing Economies, Michael L. Perlin

Fordham International Law Journal

This Article first briefly discusses the use of distance learning in a law school environment, and considers the special implications of distance learning for persons with disabilities. It then explains the structure and rationale of these courses, reports on a course section taught in Nicaragua in the Fall-Winter of 2002, and considers plans to replicate the Nicaraguan experience throughout other nations with developing economies in Africa, Asia, Central America, and Central and Eastern Europe. Finally, this Article assesses the potential impact of such a course on developing-economy nations.

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The Attorney-Client Relationship In Guantanamo Bay, Mark Denbeaux, Christa Boyd-Nafstad Jan 2006

The Attorney-Client Relationship In Guantanamo Bay, Mark Denbeaux, Christa Boyd-Nafstad

Fordham International Law Journal

First, the government restrictions found in the Protective Order and the new regulations severely limit the amount of contact the attorney can have with the client and the type of information that can be shared with the client. Second, the stay of the court proceedings since December 2004 has prevented any opportunity to present issues in the courts. Third, cultural barriers between attorneys and clients, including but not limited to the clients' inability to understand the rule of law and the role of lawyers in the Common Law adversary model in general, and in the U.S. legal system in particular, …

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U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson Jan 2006

U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson

Fordham International Law Journal

Our specific topic is Guantanamo, but in my brief remarks I would like to take the long view of U.S. counterterrorism policy (including Guantanamo) and link it to the question of the compliance of the United States, as today's superpower, with international human rights norms, its relationship to the United Nations and, speaking very broadly, international law norms as conceived by the international community. This is partly a question of the relationship of U.S. counterterrorism policy to international law. But it is also a question of the relationship of the superpower to the rest of the international community, and in …

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The Proliferation Of The Law Of International Criminal Tribunals Within Terrorism And "Unlawful" Combatancy Trials After Hamdan V. Rumsfeld, Geert-Jan Alexander Knoops Jan 2006

The Proliferation Of The Law Of International Criminal Tribunals Within Terrorism And "Unlawful" Combatancy Trials After Hamdan V. Rumsfeld, Geert-Jan Alexander Knoops

Fordham International Law Journal

This Article examines the arguments that led the Supreme Court to its landmark judgment, in particular: (i) the jurisdiction of federal courts to ascertain procedural challenges to the lawfulness of military commission proceedings; (ii) the relation to the Geneva Convention; (iii) the aspect of conspiracy as a (non-)legal basis for indictments issued before military commissions, especially in the argument raised by the defense in the Hamdan case; and (iv) the case law of the International Criminal Tribunal for the former Yugoslavia (“ICTY”) with respect to the concept of conspiracy and joint criminal enterprise (“JCE”). The case law of the ICTY, …

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Don't Forget The Family: A Proposal For Expanding Immediate Protection To Families Of Human Trafficking Survivors, Katrina Lynne Baker Jan 2006

Don't Forget The Family: A Proposal For Expanding Immediate Protection To Families Of Human Trafficking Survivors, Katrina Lynne Baker

Fordham International Law Journal

In Part I, this Note will discuss the current epidemic of human trafficking, the various ways the United Nations and the United States have attempted to combat trafficking, and highlight the importance of U.S. prosecutorial duties of witness protection that are especially implicated in human trafficking cases. Part II will present criticisms of efforts by the United Nations and the United States to protect victims of trafficking and their family members. This part will also focus on current U.S. protections afforded to families of human trafficking survivors and programs such as the Witness Security Program, from which U.S. lawmakers may …

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A New Tort Code Emerges In China: An Introduction To The Discussion With A Translation Of Chapter 8- Tort Liability, Of The Official Discussion Draft Of The Proposed Revised Civil Code Of The People's Republic Of China, George W. Conk Jan 2006

A New Tort Code Emerges In China: An Introduction To The Discussion With A Translation Of Chapter 8- Tort Liability, Of The Official Discussion Draft Of The Proposed Revised Civil Code Of The People's Republic Of China, George W. Conk

Fordham International Law Journal

In 1986, the Sixth National People's Congress enacted the General Principles of Civil Law of the People Republic of China ("1986Code). The 1986 Code is now undergoing comprehensive revision. The Standing Committee of the National Peoples Congress (the national legislature) issued a comprehensive draft revised civil code for discussion on December 17, 2002 "Standing Committee Discussion Draft". Discussion in China of the 2002 Standing Committee Discussion Draft has recently centered on the chapter on property rights. Passed on March 16, 2007, after seven drafts, the property rights chapter has been the source, one can readily understand, of much more controversy …

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The Reform Path Of The Chinese Judiciary: Progress Or Stand-Still?, Jonas Grimheden Jan 2006

The Reform Path Of The Chinese Judiciary: Progress Or Stand-Still?, Jonas Grimheden

Fordham International Law Journal

In the later part of 2007 China will be at yet another watershed moment. The 17th Party Congress will be held, where new leaders of China will jockey into position. Will these leaders proceed on the slow and cautious trail set out by their predecessors? Will they regress to the demands of the ultra-conservative “left-wingers”? Or will the likely rejuvenated leadership be bold enough to face the many challenges with a more progressive agenda? This Essay addresses these questions by briefly describing and analyzing the development and the potential of the Chinese judiciary. In this analysis, the judiciary functions more …

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The Policies Of State Succession: Harmonizing Self-Determination And Global Order In The Twenty-First Century Tai-Heng Cheng, State Succession And Commercial Obligations, Robert D. Sloane Jan 2006

The Policies Of State Succession: Harmonizing Self-Determination And Global Order In The Twenty-First Century Tai-Heng Cheng, State Succession And Commercial Obligations, Robert D. Sloane

Fordham International Law Journal

I differ with Cheng's appraisal of certain events and think that we need a more sophisticated analysis of the twin policy goals he identifies and embraces--self-determination and global order--before they can offer real policy guidance. But State Succession and Commercial Obligations stands out as a rigorously researched, original, and insightful effort to understand this quite confused and opaque body of international law. Cheng's work will both enable and encourage a more candid, reasoned, and constructive debate about the global policies at stake each time “a state fundamentally changes its structures of power and authority, and an authoritative international response is …

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Reconciling Holocaust Scholarship And Personal Data Protection: Facilitating Access To The International Tracing Service Archive, Collin Mcdonald Jan 2006

Reconciling Holocaust Scholarship And Personal Data Protection: Facilitating Access To The International Tracing Service Archive, Collin Mcdonald

Fordham International Law Journal

This Note examines whether amendment of the ITS charter is necessary to effectuate researcher access, or whether, as a matter of international law, in its capacity as an international organization (“IO”), the ITS can allow access without amendments. Addressing this question implicitly raises two collateral issues that inform the discussion. First, to what degree should an IO Member State's domestic legal framework dictate that State's position in a consensus-based IO decision-making process. Second, when changes in the global political context render an existing IO legal structure ill-suited to an IO's evolving mission, to what degree is it appropriate to re-interpret …

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A Tribute To Judge Bo Vesterdorf, Roger J. Goebel Jan 2006

A Tribute To Judge Bo Vesterdorf, Roger J. Goebel

Fordham International Law Journal

Judge Bo Vesterdorf retires this fall after serving as Judge on the Court of First Instance (“CFI”) since its inauguration on September 25, 1989, acting as its President for three successive terms since 1998. It is accordingly highly appropriate that the editors of the Fordham International Law Journal (“ILJ”) should dedicate this annual issue devoted to European Union (“EU”) law to Judge Vesterdorf as an eminent jurist who has significantly contributed to the development of the CFI's jurisprudence, and also provided able pragmatic leadership as its presiding judge. The ILJ can be considered to act on behalf of the entire …

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Efficiency Consideration And Merger Enforcement: Comparison Of U.S. And Eu Approaches, Robert Pitofsky Jan 2006

Efficiency Consideration And Merger Enforcement: Comparison Of U.S. And Eu Approaches, Robert Pitofsky

Fordham International Law Journal

Discussion in this Essay is designed to explore recently introduced efficiency considerations and to compare developing law in the United States and the European Union. The following sections discuss why incorporation of efficiency factors has been controversial, explore efficiency analysis in connection with mergers under U.S. law, explore comparable developments in EU law, and, finally, offer a comparison of developments in the two jurisdictions.

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Some Reflections On The Notion Of "State Resources" In European Community State Aid Law, Andrea Biondi Jan 2006

Some Reflections On The Notion Of "State Resources" In European Community State Aid Law, Andrea Biondi

Fordham International Law Journal

In this Article the author givesPart I of this Article goes through a brief overview of the contours of state aid in the European Union. Part II is devoted to a specific aspect of the acquis communitaire. As it is well known, Article 87 [of the European Community Treaty] identifies the five preconditions for a State measure to be defined as aid: Transfer of State resources, advantage, selectivity, distortion of competition, and effect on intra-Community trade. The reflections in this Part is confined to the first of those conditions.

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Unclos And The Arctic: The Path Of Least Resistance, Mark Jarashow, Michael B. Runnels, Tait Svenson Jan 2006

Unclos And The Arctic: The Path Of Least Resistance, Mark Jarashow, Michael B. Runnels, Tait Svenson

Fordham International Law Journal

This Note discusses the territorial disputes in the Arctic, which are becoming increasingly contentious as a result of the Arctic melt, and the potential resolutions through the mechanisms of international law. Part I discusses the scientific consensus regarding the changing Arctic climate and the resulting conflicts that arise from increased interests in the region. Part II evaluates the varying legal paradigms that may be utilized in order to navigate through the competing claims. Part III argues that, given the uncertainties surrounding both the outcome of any potential International Court of Justice ("ICJ") decision and entering into an Arctic Treaty, universal …

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The Abuse Of Girls In U.S. Juvenile Detention Facilities: Why The United States Should Ratify The Convention On The Rights Of The Child And Establish A National Ombudsman For Children's Rights, Christina Okereke Jan 2006

The Abuse Of Girls In U.S. Juvenile Detention Facilities: Why The United States Should Ratify The Convention On The Rights Of The Child And Establish A National Ombudsman For Children's Rights, Christina Okereke

Fordham International Law Journal

This Note argues that, to address the abuse of detained girls, the United States should ratify the CRC. This Note further argues that establishing a national independent office or ombudsman to monitor children's conditions of confinement in the United States is a superior proposal to creating a U.N.-appointed special representative on violence against children. This Note concludes that, upon ratifying the CRC, the United States should establish a national ombudsman for children's rights. Part I of this Note presents the problem of physical and sexual abuse of detained girls in the United States and reviews the applicable international human rights …

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Interview With Michael Leathes, Nadja Alexander Jan 2006

Interview With Michael Leathes, Nadja Alexander

Research Collection Yong Pung How School Of Law

Alexander: Can you describe your professional role and how it relates to international mediation?Leathes: I have been an in-house counsel for most of my 36-year career, including general counsel of Pfizer International and of International Distillers & Vintners and general manager of BAT’s intellectual propertycompany. In all these roles I have been responsible for litigation portfolios internationally—in total, thousands of cases. Before I figured out a better way, I’m certain that I must have been responsible for about as many losses as wins. Then, in the late 80s, I discovered mediation…A: And what happened?L: Together with the teams of people …

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Expanding The Protection Of Geographical Indications Of Origin Under Trips: Old Debate Or New Opportunity, Irene Calboli Jan 2006

Expanding The Protection Of Geographical Indications Of Origin Under Trips: Old Debate Or New Opportunity, Irene Calboli

Research Collection Yong Pung How School Of Law

Geographical indications of origin (GIs), their definition, and rationale for protection have historically been the subjects of heated debates in the international community. Fierce defenders of GIs protection, European countries have traditionally advocated that GIs should not be used by unrelated parties because GIs identify the unique qualities, characteristics, and reputation of the products to which they are affixed. To this claim, the United States and other "new world" countries have generally responded by pointing out that many GIs are generic terms on their soil, and, thus, consumers could not be confused as to the origin of the products identified …

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Mediating In The Shadow Of Australian Law: Structural Influences On Adr, Nadja Alexander Jan 2006

Mediating In The Shadow Of Australian Law: Structural Influences On Adr, Nadja Alexander

Research Collection Yong Pung How School Of Law

Mediation has grown rapidly in many Anglophone jurisdictions such as USA, Australia, Canada, New Zealand and England. The current state of mediation practice in many of these jurisdictions can be traced back to the establishment of community justice centres in the 1970s and 1980s. Mediation is practised in the private sector as well as in a wide range of court-referred programs. In many common law jurisdictions mediation is no longer a form of alternative dispute resolution, it has become primary dispute resolution.

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Numerus Clausus: An Economic Perspective, Wei Zhang Jan 2006

Numerus Clausus: An Economic Perspective, Wei Zhang

Research Collection Yong Pung How School Of Law

Numerus clausus refers to the principle that both the form and the substance of a property right shall be prescribed by the law, which essentially restricts the freedom to “customize” the legally enforceable property interests.2 It has long been regarded as a basic principle in Civil Law countries, while the recent studies of U.S. scholars suggest that its essence exists in the Anglo-American law as well.

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Transparency As An Element Of Good Governance In The Practice Of The Eu And The Wto: Overview And Comparison, Friedl Weiss, Silke Steiner Jan 2006

Transparency As An Element Of Good Governance In The Practice Of The Eu And The Wto: Overview And Comparison, Friedl Weiss, Silke Steiner

Fordham International Law Journal

This article seeks to provide a comparative overview of relevant practice of the European Union ("EU") and the World Trade Organization ("WTO") with regard to the interpretation and use made of "good governance," and in particular with regard to "transparency," one of its core component elements.

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Legal Pluralism Between Islam And The Nation-State: Romantic Medievalism Or Pragmatic Modernity?, Sherman A. Jackson Jan 2006

Legal Pluralism Between Islam And The Nation-State: Romantic Medievalism Or Pragmatic Modernity?, Sherman A. Jackson

Fordham International Law Journal

This Essay attempts a reconciliation of sorts between two perspectives on legal pluralism, via specific reference to Islamic law, most notably in its pre-modern guise. The Essay begins with a provisional commitment to legal centralism, but primarily as a means of securing a functional place for sub-State reglementary regimes. To this end, legal centralism, as presented, is tempered by a demonstration that, even where the State enjoys an exclusive monopoly on the application of sanctions with impunity, it need not be the actual source of every rule it recognizes or applies as law.

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Segmental Dynamics Of Poly(Isopropyl Acrylate)-D7 On Silica, Piyawan Krisanangkura, Frank D. Blum Jan 2006

Segmental Dynamics Of Poly(Isopropyl Acrylate)-D7 On Silica, Piyawan Krisanangkura, Frank D. Blum

Chemistry Faculty Research & Creative Works

For a polymer film deposited on a surface, the strength of the surfacesegment interaction affects the mobility of polymer-chain segments. The selfconsistent field lattice model of Scheutjens and Fleer,1 based on mean-field lattice models of polymer at interfaces,2 has been used to describe the distribution of conformations of polymers on surfaces. Adsorbed-polymer segments may be classified as belonging to loops, trains or tails. There are different techniques used to study the molecular motion of the polymer including modulated differential scanning calorimetry (MDSC)3 and nuclear magnetic resonance (NMR).4,5 in this work, solid-state deuterium (2H) NMR was used to characterize the polymer …

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Separation And Quantification Of N-Acetylcysteine-Amide (Naca) By Hplc With Fluorescence Detection, Wei Wu, Glenn Goldstein, Craig D. Adams, Richard H. Matthews, Nuran Ercal Jan 2006

Separation And Quantification Of N-Acetylcysteine-Amide (Naca) By Hplc With Fluorescence Detection, Wei Wu, Glenn Goldstein, Craig D. Adams, Richard H. Matthews, Nuran Ercal

Chemistry Faculty Research & Creative Works

N-acetyl-l-cysteine (NAC) is a well-known antioxidant that is capable of facilitating glutathione (GSH) biosynthesis and replenishing intracellular GSH under oxidatively challenging circumstances. N-acetyl-cysteine-amide (NACA), the amide form of NAC, is a newly designed and synthesized thiol-containing compound which is believed to be more lipophilic and permeable through cell membranes than NAC. The metabolic and antioxidant effects of these compounds in vitro and in vivo are under investigation. However, an analytical method that can separate and quantify both compounds simultaneously is not yet available, to the best of our knowledge. Because of their structural similarities, the two compounds are difficult to …

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Permutation Coding Technique For Image Recognition Systems, Ernst M. Kussul, Tatiana N. Baidyk, Donald C. Wunsch, Oleksandr Makeyev, Anabel Martin Jan 2006

Permutation Coding Technique For Image Recognition Systems, Ernst M. Kussul, Tatiana N. Baidyk, Donald C. Wunsch, Oleksandr Makeyev, Anabel Martin

Electrical and Computer Engineering Faculty Research & Creative Works

A feature extractor and neural classifier for image recognition systems are proposed. The proposed feature extractor is based on the concept of random local descriptors (RLDs). It is followed by the encoder that is based on the permutation coding technique that allows to take into account not only detected features but also the position of each feature on the image and to make the recognition process invariant to small displacements. The combination of RLDs and permutation coding permits us to obtain a sufficiently general description of the image to be recognized. The code generated by the encoder is used as …

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