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2007

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Cafa's Impact On Class Action Lawyers Symposium: Fairness To Whom - Perspectives On The Class Action Fairness Act Of 2005, Howard M. Erichson Jan 2007

Cafa's Impact On Class Action Lawyers Symposium: Fairness To Whom - Perspectives On The Class Action Fairness Act Of 2005, Howard M. Erichson

Faculty Scholarship

Procedural reforms alter litigation options directly, but they alter the litigation landscape in more ways than reformers anticipate. Three years ago, Congress dramatically expanded federal jurisdiction with the Class Action Fairness Act of 2005 (CAFA), a statute drafted with no love for class action plaintiffs' lawyers. Those lawyers have adapted to the statute, in part, by altering their forum-selection and claim-selection strategies. Analysis of these adaptations offers an emerging picture of the statute's impact on class actions and class action lawyers. CAFA's impact on the class action bar deserves particular attention because, although the statute speaks the language of subject …

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Repairing Family Law, Clare Huntington Jan 2007

Repairing Family Law, Clare Huntington

Faculty Scholarship

Scholars in the burgeoning field of law and emotion have paid surprisingly little attention to family law. This gap is unfortunate because law and emotion has the potential to bring great insights to family law. This Article begins to fill this void, and inaugurate a larger debate about the central role of emotion in family law, by exploring the intriguing and significant consequences for the regulation of families that flow from a theory of intimacy first articulated by psychoanalytic theorist Melanie Klein. According to Klein, individuals love others, inevitably transgress against those they love out of hate and aggression, feel …

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Contract Law, Chee Ho Tham, Pearlie Koh, Pey Woan Lee Jan 2007

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

Research Collection Yong Pung How School Of Law

No abstract provided.

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An Unrecognized State In Foreign And International Courts: The Case Of The Republic Of China On Taiwan, Pasha L. Hsieh Jan 2007

An Unrecognized State In Foreign And International Courts: The Case Of The Republic Of China On Taiwan, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

In the 1970s, Taiwan lost its United Nations seat, and most nations switched diplomatic recognition from Taiwan to the People's Republic of China (PRC). The loss of Taiwan's diplomatic recognition became a fundamental issue in judicial proceedings. Contrary to the PRC's claim, the article argues that, from the viewpoint of international law, Taiwan has never been succeeded by the PRC. The article explores the Taiwan question faced by foreign courts and finds that, albeit the lack of diplomatic recognition, the courts around the world have almost uniformly accorded Taiwan the status of state and this judicial recognition has risen to …

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The Case For Sports Law Arbitration And Practice In Singapore, Kam Wai, Warren Bartholomew Chik Jan 2007

The Case For Sports Law Arbitration And Practice In Singapore, Kam Wai, Warren Bartholomew Chik

Research Collection Yong Pung How School Of Law

No abstract provided.

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The Impact Of Daily Writing On Kindergarten Students' Phonemic Awareness., C. A. Snell Jan 2007

The Impact Of Daily Writing On Kindergarten Students' Phonemic Awareness., C. A. Snell

Walden Dissertations and Doctoral Studies

The purpose of this quantitative study was to determine whether or not a significant relationship exists among daily writing and student growth in phonemic awareness. The study also considered the impact of writing on the phonemic awareness development of students at different literacy levels. Although studies exist on the importance of phonemic awareness development in reading acquisition, a deficit exists examining the correlation among daily writing and the phonemic awareness development of students representing different literacy levels. Forty students in an experimental group engaged in daily writing opportunities, while 37 students in the control group engaged in less frequent writing …

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The Quaestor Quarterly January 2010, Institute Audit, Compliance & Advisement Jan 2007

The Quaestor Quarterly January 2010, Institute Audit, Compliance & Advisement

RIT Digital Archives

Please Sign Here (p.1)||Hot Topics (p.2)||Control of the Quarter (p.3)||My Two Cents (p.4)||Ask the Auditor (p.4)||Pop Quiz (p.4)

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Rit Finance Matters Jan 2007, Sponsored Programs Accounting Jan 2007

Rit Finance Matters Jan 2007, Sponsored Programs Accounting

RIT Digital Archives

This newsletter is published four times a year and will include regular features, process changes, sponsoring agency announcements, a calendar of upcoming events, and personal introductions to SPA staff.

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Financial Assistance - The Case For Re-Examining Section 76 Of The Companies Act, Wai Yee Wan Jan 2007

Financial Assistance - The Case For Re-Examining Section 76 Of The Companies Act, Wai Yee Wan

Research Collection Yong Pung How School Of Law

Section 76 of the Companies Act prohibits the giving by a company of financial assistance for the purpose of or in connection with the acquisition of its own shares. This penal provision is highly controversial in view of its breadth and uncertainty in its application. In the recent criminal prosecution of PP v Lew Syn Pau and in the recent civil litigation of Wu Yang Construction Group v Zhejiang Jinyi Group Co, Ltd, the Singapore High Court had to determine the scope of the prohibition under s 76 of the Companies Act. This case comment examines the two Singapore decisions …

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Taming The Dragon: China's Experience In The Wto Dispute Settlement System, Henry Gao Jan 2007

Taming The Dragon: China's Experience In The Wto Dispute Settlement System, Henry Gao

Research Collection Yong Pung How School Of Law

To many observers, a major challenge raised by China's accession to the WTO is whether the WTO dispute settlement system could cope with China, one of the major traders in the world with an economy that is halfway between a planned economy and a market economy. In this article, the author tries to answer this question by reviewing China's experience in the WTO dispute settlement system. Historically, the senior leadership in China attached disproportionate importance to the WTO dispute settlement system and preferred to avoid using the system. Thus, in the first four cases in which China was sued or …

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The Bid Challenge Procedures Under The Wto Government Procurement Agreement: A Critical Study Of The Hong Kong Experience, Henry Gao Jan 2007

The Bid Challenge Procedures Under The Wto Government Procurement Agreement: A Critical Study Of The Hong Kong Experience, Henry Gao

Research Collection Yong Pung How School Of Law

While there has been an extensive literature on the challenge procedure of the WTO Government Procurement Agreement (GPA) in general, as well as excellent country studies on the operation of the national challenge procedures of several key GPA Members, no such study has been conducted for Hong Kong yet. In the view of the author, even though Hong Kong has a relatively small procurement market, it combines the features of a clean and effective government and a highly internationalised procurement market, and thus makes an interesting subject of study. In this article, the author examines the efforts made by the …

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The Minister Is Lay: Social Organization In New Paradigm Christianity, Jayeel Cornelio Jan 2007

The Minister Is Lay: Social Organization In New Paradigm Christianity, Jayeel Cornelio

Development Studies Faculty Publications

Love seems to be in the air for many of the red-shirted members of Hope Filipino. On this particular Sunday afternoon, the church-owned Nexus Auditorium, located in a shopping center in Singapore’s prominent Orchard Road, conveys the vibrancy of Valentine’s season. Instead of a familiar Christian song, setting the mood for the inflowing audience is one of Kenny G’s romantic hits, a tangible indication that this is not ordinary church. The Sunday service, redesigned for evangelistic purposes, expects a greater number of non-Christian visitors as a result of the pre-Valentine Matthew Care Group. With friends meeting and ushers greeting at …

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Transborder Industrialization In The Framework Of Singapore's Regionalization Strategy: The Case Of Singapore's Gambit In Vietnam, Caroline Yeoh, Victor Sim, Wilfred Pow Ngee How Jan 2007

Transborder Industrialization In The Framework Of Singapore's Regionalization Strategy: The Case Of Singapore's Gambit In Vietnam, Caroline Yeoh, Victor Sim, Wilfred Pow Ngee How

Research Collection Lee Kong Chian School Of Business

Infrastructure can be unreliable and administration subject to corruption in Asia’s rapidly emerging economies. This context presented Singapore with unique opportunities to export its expertise to locations where these attributes are less certain, through the provision of superior infrastructure, the ability to negotiate investment concessions and, where existing, through the links to influential business groups in the investment location. This strategic initiative is further premised on the perception that Singapore’s positive reputation with multinationals, as well as ‘guanxi’, or connections, with Asian business networks, will give the industrial-township projects a marketing advantage. Their progress is a litmus test of Singapore’s …

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Soil Suction And Behavior Of Chemically Treated Clays, Thomas M. Petry, Cheng Ping Jiang Jan 2007

Soil Suction And Behavior Of Chemically Treated Clays, Thomas M. Petry, Cheng Ping Jiang

Civil, Architectural and Environmental Engineering Faculty Research & Creative Works

Expansive clay soils have caused significant damage throughout the world. Chemical stabilizing agents have been used to reduce the swell of expansive clay soils, but the effect of chemical treatment on the matric and osmotic suction of soils has not been investigated previously. Two subject soils were chosen to study soil suction and the behavior of chemically treated clay. One soil, with high swell potential, was from Irving, Texas. the other soil, with moderate swell potential, was from Slater, Missouri. Hydrated lime and KIS (a proprietary solution containing potash and ammonium lignosulfonate) were used as chemical stabilizers. Select physical and …

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Searching And Tagging: Two Sides Of The Same Coin?, Qiaozhu Mei, Jing Jiang, Hang Su, Chengxiang Zhai Jan 2007

Searching And Tagging: Two Sides Of The Same Coin?, Qiaozhu Mei, Jing Jiang, Hang Su, Chengxiang Zhai

Research Collection School Of Computing and Information Systems

This paper presents the duality hypothesis of search and tagging, two important behaviors of web users. The hypothesis states that if a user views a document D in the search results for query Q, the user would tend to assign document $D$ a tag identical to or similar to Q; similarly, if a user tags a document D with a tag T, the user would tend to view document D if it is in the search results obtained using T as a query. We formalize this hypothesis with a unified probabilistic model for search and tagging, and show that empirical …

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The Crimson Logic Case: When Is A Judgment Not A Judgment?, S. Chandra Mohan Jan 2007

The Crimson Logic Case: When Is A Judgment Not A Judgment?, S. Chandra Mohan

Research Collection Yong Pung How School Of Law

After a 62-day trial, which concluded on 29 December 2006, all four defendants in the CrimsonLogic case1 were acquitted. The accused were the CEO, Financial Controller, Vice-President of the Trade & Logistics Business Unit and Corporate Counsel of CrimsonLogic, an IT systems provider. They were charged, on one count, with engaging in a conspiracy to pay a bribe of $35,000 to Mathias Tan, an IT manager of the supermarket Carrefour, as an inducement for Tan to recommend the award of an IT contract to CrimsonLogic. In acquitting the defendants, the trial judge declared that there was a 'serious doubt' as …

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The Effects Of Action, Normality, And Decision Carefulness On Anticipated Regret: Evidence For A Broad Mediating Role Of Decision Justifiability, Jochen Reb, Terry Connolly Jan 2007

The Effects Of Action, Normality, And Decision Carefulness On Anticipated Regret: Evidence For A Broad Mediating Role Of Decision Justifiability, Jochen Reb, Terry Connolly

Research Collection Lee Kong Chian School Of Business

In three studies we examined the effects of action/inaction, social normality (i.e., how typical the decision is in one’s social environment) and decision process carefulness on anticipated regret. Whereas past research has drawn on norm theory (Kahneman & Miller, 1986) to emphasize the role of mutability in (anticipated) regret, the present studies highlight the important role of perceptions of decision justifiability (Connolly & Zeelenberg, 2002). Study 1 replicated earlier findings showing greater anticipated regret when behavior was abnormal, but perceived justifiability mediated the effect. Study 2 showed that anticipated regret was higher for careless than for careful decisions; perceived decision …

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Wave Propagation On Power Cables With Special Regard To Metallic Screen Design, R. Papazyan, Per Pettersson, David Pommerenke Jan 2007

Wave Propagation On Power Cables With Special Regard To Metallic Screen Design, R. Papazyan, Per Pettersson, David Pommerenke

Electrical and Computer Engineering Faculty Research & Creative Works

The high frequency properties of coaxial power cables are modeled using time- and frequency-domain numerical simulations. This is required due to the complex helical structure of the outer metallic screen. The finite element (FEM) and finite difference time domain methods (FDTD) have been employed to study the effect of screen spiralization. It is established that this screen design causes a dependence of the cable high frequency characteristics on the surrounding medium. Analytical model based on modal analysis of wave propagation in coaxial cables confirms the numerical observations.

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Legal Analysis Of The 2006 U.N. Security Council Resolutions Against North Korea's Wmd Development, Eric Yong-Joong Lee Jan 2007

Legal Analysis Of The 2006 U.N. Security Council Resolutions Against North Korea's Wmd Development, Eric Yong-Joong Lee

Fordham International Law Journal

In Part I, the author will clarify the facts regarding the evolution of the incidents and the adoption of the resultant resolutions. In Part II, the author will analyze the legal questions regarding the two resolutions. Part II will first examine the legality of the missile launch on the basis of Security Council Resolution 1540, customary international law and the Chicago Convention on International Civil Aviation. Second, Part II will examine Resolution 1695's terminology by comparing it to previous resolutions. Third, it will discuss the sanctions based on national legal authorities and legislations. Fourth, Part II will examine international law …

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Is There A Better Way? Alternative Methods Of Treaty-Based, Investor-State Dispute Resolution, Jeswald W. Salacuse Jan 2007

Is There A Better Way? Alternative Methods Of Treaty-Based, Investor-State Dispute Resolution, Jeswald W. Salacuse

Fordham International Law Journal

Two factors--the increase in international investment and the increase in international investment agreements--have together led to a growth in the number and severity of treaty-based disputes between host states and individual investors. An increasing number of such disputes are being settled through international arbitration. However, the large amounts of some resulting arbitration awards, the cost to host countries of the arbitral process, and the constraints imposed thereby on the ability of governments to regulate enterprises in their territories have raised questions as to whether means other than arbitration and litigation can be found to resolve treaty-based, investor-State disputes. In short, …

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We Will Still Live: Confronting Stigma And Discrimination Against Women Living With Hiv/Aids In Malawi, Chi Mgbako, Tracy E. Higgins, Jeanmarie Fenrich Jan 2007

We Will Still Live: Confronting Stigma And Discrimination Against Women Living With Hiv/Aids In Malawi, Chi Mgbako, Tracy E. Higgins, Jeanmarie Fenrich

Fordham International Law Journal

This report presents the findings of this research effort. Part I sets out Malawi's obligations under international and domestic law regarding the right of women living with HIV/AIDS to be free from discrimination and also explores non-binding international documents that provide guidance to governments in confronting discrimination against PLWHA. Part I then explores the ways in which lack of sexual autonomy, economic dependency, physical and sexual abuse, harmful traditional practices, commercial sex work, sexual exploitation of girls and young women, and conceptions of male sexuality increase women's vulnerability to HIV/AIDS in Malawi. Part II documents widespread community-level stigma against women …

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Obiora Chinedu Okafor, Legitimizing Human Right Ngos: Lessons From Nigeria, Joel M. Ngugi Jan 2007

Obiora Chinedu Okafor, Legitimizing Human Right Ngos: Lessons From Nigeria, Joel M. Ngugi

Fordham International Law Journal

Professor Obiora Chinedu Okafor of Osgoode Hall School of Law, Toronto, Canada, has written a well-researched and valuable book about Human Rights Non-Governmental Organizations ("NGOs") in Nigeria. ... " Similarly, in many countries, NGOs, in their capacity as civic society, have been given official roles in some key governance institutions such as in Nigerian National Human Rights Commissions, media watchdogs, Governmental Commissions, and so forth. In chapter five of the book, Professor Okafor candidly describes the funding patterns of human rights NGOs in Nigeria. As Professor Okafor tells the story, the trail of the "popular legitimization crisis" of local human …

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Women, Children, And Victims Of Massive Crimes: Legal Developments In Africa, Justice Richard J. Goldstone Jan 2007

Women, Children, And Victims Of Massive Crimes: Legal Developments In Africa, Justice Richard J. Goldstone

Fordham International Law Journal

This issue of the Fordham International Law Journal is devoted to African themes. The articles concentrate on the most vulnerable in Africa, namely children, women and the victims of massive crimes.

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Child Soldiers, Slavery And The Trafficking Of Children, Susan Tiefenbrun Jan 2007

Child Soldiers, Slavery And The Trafficking Of Children, Susan Tiefenbrun

Fordham International Law Journal

This article will examine the complex relationship of human trafficking, slavery, and child soldiering. Part I will examine the root causes of the development and expansion of the use of child-soldiers. Part II will examine the international and domestic laws and instruments that protect against the use of children as soldiers. Part III will examine some literary representations of the crime of child soldiering in order to raise the readers' awareness of the depths of this atrocity. Part IV will conclude by offering practical suggestions and economic solutions to make these legal instruments more effective. Children are humanity's most valuable …

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Thieves Of Baghdad: Combatting Global Traffic In Stolen Iraqi Antiquities, Matthew Bogdanos Jan 2007

Thieves Of Baghdad: Combatting Global Traffic In Stolen Iraqi Antiquities, Matthew Bogdanos

Fordham International Law Journal

The argument for protecting artifacts in Iraq takes on added strength when the United States recognizes that the country is where it is today not just because of its failure to provide sufficient security to overcome the long-festering tribal and religious animosities, but also because of its continuing failure to appreciate the importance Iraqis place on the preservation of their history. This failure to protect a rich heritage going back to the dawn of civilization has convinced many in Iraq and the Middle East that the U.S. does not care about any culture other than its own. And their belief …

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Repatriation Of The Kohinoor Diamond: Expanding The Legal Paradigm For Cultural Heritage, Saby Ghoshray Jan 2007

Repatriation Of The Kohinoor Diamond: Expanding The Legal Paradigm For Cultural Heritage, Saby Ghoshray

Fordham International Law Journal

This Article is segmented as follows: Part I provides an historical account of the temporal trajectory through which the Kohinoor diamond has evolved over the centuries. The exploration of the legality of repatriation begins in Part II, where it explains the structural difficulties presented by arguments that seek to justify the retention of cultural artifacts. This leads to the discussion of the existing international law framework in Part III. The background presented in these sections provides the foundation utilized to advance a theoretical framework that expands the definition of cultural artifacts to define the legal paradigm for the repatriation of …

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The Foreign Sovereign Immunities Act: Using A "Shield" Statute As A "Sword" For Obtaining Federal Jurisdiction In Art And Antiquities Cases, Lauren Fielder Redman Jan 2007

The Foreign Sovereign Immunities Act: Using A "Shield" Statute As A "Sword" For Obtaining Federal Jurisdiction In Art And Antiquities Cases, Lauren Fielder Redman

Fordham International Law Journal

The political winds are changing, and a more liberal United States government may very well be receptive to ratification of the Rome Statute of the International Criminal Court (ICC). The nature and scope of international law are also changing. Individuals are sharing responsibility with states for grave breaches of international law, and globalization has resulted in a marked increase in international tribunals deciding disputes affecting individual interests. Despite these trends, Americans have been wary of the International Criminal Court. Federal courts principles borrowed from the legal process school can and should be implemented to govern relations between ICC and domestic …

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Practice And Predicament: The Nationality Of The International Arbitrator (With Survey Results), Ilhyung Lee Jan 2007

Practice And Predicament: The Nationality Of The International Arbitrator (With Survey Results), Ilhyung Lee

Fordham International Law Journal

This Essay builds on the available literature to date and offers a more probing examination of the international arbitrator and nationality. The opening section reiterates how arbitrator nationality relates to the traditional requirements of arbitrator impartiality, independence, and neutrality (with which the "arbitrator" is most synonymous); how arbitral rules seek diversity of nationality between the tribunal and the parties; the underlying reasons for national neutrality being the accepted practice in international arbitration; and criticisms of the practice. With this background in place, the Essay poses challenging questions relating to the arbitrator's nationality, with the aid of hypothetical permutations of an …

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Introduction, Justice Richard J. Goldstone Jan 2007

Introduction, Justice Richard J. Goldstone

Fordham International Law Journal

Given the violence in Darfur and the ensuing international reaction, the Fordham International Law Journal decided to publish a special issue on Darfur. It is timely in light of the continuing violence in the Darfur region. This article serves as the Introduction to the special issue.

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Seeking Justice For Victims In Darfur: The Darfur Legal Training Program, Genevieve A. Cox, Jerome C. Roth Jan 2007

Seeking Justice For Victims In Darfur: The Darfur Legal Training Program, Genevieve A. Cox, Jerome C. Roth

Fordham International Law Journal

With relatives displaced from their homes and a fiancée who was arbitrarily imprisoned and abused in Darfur, Hayat comes to her work with victims in the refugee camps with a personal stake. ... This commitment to human rights defense and victims' advocacy led Hanifa and eight of his Sudanese colleagues to the Darfur Legal Training Program (the "Program"), a first-of-its-kind seminar in June of 2007 led by the American Bar Association Litigation Section (the "Section"), with funding from the MacArthur Foundation. ... The Program brought these lawyers to London for a week to train with a faculty of American trial …

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