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2008

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"More Adversarial, But Not Completely Adversarial": Reformasi Of The Indonesian Criminal Procedure Code, Robert R. Strang Jan 2008

"More Adversarial, But Not Completely Adversarial": Reformasi Of The Indonesian Criminal Procedure Code, Robert R. Strang

Fordham International Law Journal

This Article provides a perspective not normally available to U.S. legal scholars in the area of comparative law -- it is a firsthand account of criminal procedure reform in the Republic of Indonesia. Indonesia, the world’s fourth largest country by population and the largest civil law jurisdiction, has embarked on sweeping legal, political, and institutional reform in the ten years since the collapse of authoritarian rule. Half way around the world from the U.S., Indonesia is virtually unknown to Western legal scholars, yet the changes being made in Indonesian criminal procedure are fundamental: establishing a suspect’s right to remain silent; …

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The European Union And New Leading Powers: Towards Partnership In Strategic Trade Policy Areas, Dr. Rafael Leal-Arcas Jan 2008

The European Union And New Leading Powers: Towards Partnership In Strategic Trade Policy Areas, Dr. Rafael Leal-Arcas

Fordham International Law Journal

This Article aims at understanding the potential of partnerships of the European Union (‘EU‘) with emergent global actors (the so-called new leading powers (‘NLPs‘) or ‘BRIC countries‘), focusing on international trade law and policy. Although the power base of these actors (Brazil, Russia, India, and China--the BRIC countries) is their respective region (South America for the case of Brazil, Eastern Europe for Russia, the Subcontinent for India, and the Far East for China), there may be specific policy areas in which their influence might be global. With this in mind, the Article raises interesting questions: Is the EU an attractive …

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Beyond Contract – The Case For Default Arbitration In International Commercial Disputes, Gilles Cuniberti Jan 2008

Beyond Contract – The Case For Default Arbitration In International Commercial Disputes, Gilles Cuniberti

Fordham International Law Journal

The thesis of this Article is that arbitration should become the default mode of resolution of international commercial disputes. In Part I, I first address the critical issue of the legitimacy of international arbitrators. In the traditional model of voluntary arbitration, the legitimacy of arbitrators flows from the agreement of the parties. By agreeing to have their dispute settled by way of arbitration, the parties have not only empowered the arbitrators, but also abided by the power that they have conferred on them. In the model that I propose, however, arbitration loses its contractual foundation. Would arbitrators also lose all …

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The Limitation Of Intellectual Property In The Name Of Competition, Paul Nihoul Jan 2008

The Limitation Of Intellectual Property In The Name Of Competition, Paul Nihoul

Fordham International Law Journal

Intellectual property (“IP”) is often credited with providing an incentive for inventors to develop their creativity. Through IP protection, inventors can recoup their investment and make a profit. That idea, which has inspired legislators worldwide, is currently challenged in the European case law on competition. In the last twenty years, five cases have limited, in the name of competition, the possibility for firms to use IP rights acquired in conformity with applicable laws. These cases are examined in this article. I analyze the scope of the emerging jurisprudence and investigate the arguments articulated, in support of their position, by the …

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Fundamental Rights In The European Community Legal Order, John L. Murray Jan 2008

Fundamental Rights In The European Community Legal Order, John L. Murray

Fordham International Law Journal

The role of the courts in the protection of human rights in any legal system is a constitutionally sensitive one. The observance and protection of such rights articulate with many aspects of the exercise of governmental and legislative power. The value nature of human rights accentuates these sensibilities. Some have viewed sovereign law as an essential ingredient in the make-up of national identity, a perception which tends to confirm a presumption that legal systems, while responsive to new pressures, are nonetheless holistic, coherent, and state-bound. National law is a rampart against outside corruption of the national ethos. Inevitably all of …

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Rule Of Law In Central And Eastern Europe, Frank Emmert Jan 2008

Rule Of Law In Central And Eastern Europe, Frank Emmert

Fordham International Law Journal

Pursuant to the same logic that prevailed when Jean Monnet and Robert Schuman reached out to Germany after the end of World War II, and in keeping with the promise made in the Preamble of the founding treaty, the EU now reached out to Central and Eastern Europe after the end of the Cold War and offered integration. In recognition of the difficulties for the EU on the one side of absorbing a large number of countries without jeopardizing the functioning of the institutions, and the difficulties for the Central and Eastern European Countries ("CEECs") on the other side of …

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The European Union’S Shareholder Voting Rights Directive From An American Perspective: Some Comparisons And Observations, Arthur R. Pinto Jan 2008

The European Union’S Shareholder Voting Rights Directive From An American Perspective: Some Comparisons And Observations, Arthur R. Pinto

Fordham International Law Journal

The European Union (“EU”) has recently celebrated its 50th anniversary. This Article is based upon my presentation in the Symposium celebrating the anniversary held at Fordham Law School and sponsored by the Fordham International Law Journal. The Article will look at how the European Union has recently approached company law issues (usually referred to as corporate law in the United States) and particularly shareholder voting rights through the recent EU directive on the exercise of certain rights of shareholders in listed companies (“Voting Rights Directive” or “Directive”). My focus is on company law with regard to the corporate governance of …

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Gendercide And The Cultural Context Of Sex Trafficking In China, Susan Tiefenbrun, Christie J, Edwards Jan 2008

Gendercide And The Cultural Context Of Sex Trafficking In China, Susan Tiefenbrun, Christie J, Edwards

Fordham International Law Journal

This paper discusses the interconnection of historic, legal, and cultural contexts that result in the perpetuation of discrimination against women in Chinese society. The contextual analysis attempts to explain the causes for an increase in trafficking of women and the deplorable human rights violations perpetrated upon women in China today. The remedies to eliminate trafficking proposed in this paper are not easily implemented. The OCP must be revised to provide more incentives to rational family planning rather than harsh punishments and coercion. China needs to reverse a long-standing cultural tradition of male son preference and discrimination against women. We know …

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Cedaw, Compliance, And Custom: Human Rights Enforcement In Sub-Saharan Africa, Angela M. Banks Jan 2008

Cedaw, Compliance, And Custom: Human Rights Enforcement In Sub-Saharan Africa, Angela M. Banks

Fordham International Law Journal

This Article examines treaty body compliance discourse through an examination of the CEDAW Committee's jurisprudence related to sub-Saharan Africa. Drawing on the constructivist literature and the sociological framing literature, Part I of this article introduces adoption and adaptation as key features for domestically enforcing treaty obligations. Part I also introduces the CEDAW Committee compliance discourse framework. Through the issue of married women's property rights in Rwanda and Uganda, Part II demonstrates the challenges of implementing the adoption and adaptation process with a circumscribed collaboration approach. Drawing on the constructivist and sociological insights regarding the adoption and adaptation process Part III …

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Russia's Labor Pains: The Slow Creation Of A Culture Of Enforcement, Katerina P. Lewinbuk Jan 2008

Russia's Labor Pains: The Slow Creation Of A Culture Of Enforcement, Katerina P. Lewinbuk

Fordham International Law Journal

This Article offers a general examination and analysis of Russian labor law, including its historic origin and current status, and it also examines the existing enforcement mechanisms for its provisions. It also provides a comparison of Russian labor law and enforcement to the labor regulations and enforcement in four other countries: the United States of America, the United Kingdom, Australia, and Mexico. The Article concludes that Russia's failure to comply with and enforce its labor regulations is deeply rooted in the culture's historic distrust and disrespect for the law that was typical during Soviet times and continues into the current …

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China's New Labor Contract Law And Protection Of Workers, Li Jing Jan 2008

China's New Labor Contract Law And Protection Of Workers, Li Jing

Fordham International Law Journal

This Comment will discuss the labor conditions in China that prompted many provisions in the recently enacted Labor Contract Law, and how the new law responds to deficiencies of China's Labor Law to address various labor problems. Part I of this Comment contains a brief presentation of the historical and economic background of the emergence of migrant workers. Part I also examines the causes of the main problems faced by migrant workers, in particular the insufficiencies of China's Labor Law in protecting migrant workers. Part II looks into the legislation's background and specific provisions of China's new Labor Contract Law …

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Ethics In The Multijurisdictional Practice Of Admiralty Lawyers, Michael Marks Cohen Jan 2008

Ethics In The Multijurisdictional Practice Of Admiralty Lawyers, Michael Marks Cohen

Fordham International Law Journal

In June 2002 the Commission on Multijurisdictional Practice of the American Bar Association (“ABA”) issued a report which covered a wide range of subjects including state judicial regulation and discipline of lawyers, the special problems of large firms moving lawyers around to work in branch offices, the use of in-house counsel not licensed in the state where they work, the particular problems of federal government and military lawyers practicing as part of their official duties in states where they are not licensed, as well as model rules for admission to practice on motion, for licensing of foreign legal consultants, and …

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Surrendering The Rule Of Law In Foreign Relations, Martin S. Flaherty Jan 2008

Surrendering The Rule Of Law In Foreign Relations, Martin S. Flaherty

Fordham International Law Journal

Foreign relations specialists for the most part agree on this much: Medellin v. Texas may prove to be the most important case in the field in recent memory—more than even the recent line of Guantanamo decisions, significant as the general public assumes these to be. Agreement fades, however, concerning exactly what Medellin’s importance will be. Does it signal a reversal of the doctrine that treaties are presumptively self-executing? Or does it (merely) suggest hostility toward domestic application of multi-lateral agreements, especially when they confer individual rights? Is the Court’s opinion driven by a salutary commitment to domestic democratic process in …

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Ocean Carriers' Duty Of Care To Cargo In Port: The Rotterdam Rules Of 2009, Prof. Dr. David Morán Bovio Jan 2008

Ocean Carriers' Duty Of Care To Cargo In Port: The Rotterdam Rules Of 2009, Prof. Dr. David Morán Bovio

Fordham International Law Journal

On December 11, 2008, the General Assembly of the United Nations adopted General Assembly (“G.A.”) Resolution 10798, accepting a Convention prepared by the United Nations Commission on International Trade Law on “Contracts for the International Carriage of Goods Wholly or Partly by Sea,” in lieu of a diplomatic conference, and scheduled the convention to be signed, subject to subsequent ratification, on September 23,2009 at Rotterdam.10 The new Convention is designed to replace two earlier international conventions, popularly known as the Hague Rules of 1924 (“HR”), with the Visby Amendments of 1968, and the Hamburg Rules of 1978 (“HamR”), thus the …

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An African Marshall Plan: Changing U.S. Policy To Promote The Rule Of Law And Prevent Mass Atrocity In The Democratic Republic Of The Congo, Gregory S. Gordon Jan 2008

An African Marshall Plan: Changing U.S. Policy To Promote The Rule Of Law And Prevent Mass Atrocity In The Democratic Republic Of The Congo, Gregory S. Gordon

Fordham International Law Journal

This Article discusses what the United States can do to promote the rule of law and human rights in DR Congo. This Article contends that U.S.-DR Congo policy has been formulated in dribs and drabs, limited in quantity relative to the enormity of the crisis, and without an overarching plan for promoting legal coherence and yielding long-term, systemic change. To be effective, U.S.-Congolese policy must be crafted and executed with a holistic approach-security, disarmament, infrastructure, food assistance, and health care must all undergird greater efforts to establish the rule of law. In effect, the United States must initiate an "African …

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Gravity And The Legitimacy Of The International Criminal Court, Margaret M. Deguzman Jan 2008

Gravity And The Legitimacy Of The International Criminal Court, Margaret M. Deguzman

Fordham International Law Journal

References to gravity are threaded throughout the Rome Statute's provisions relating to jurisdiction and its exercise. These references reflect the drafters' philosophical vision for the Court, but fail to provide the institution with clear legal guidance. Part II begins by examining the relevant statutory provisions, exploring ambiguities in the text and suggesting how it should be interpreted. It then canvases the legislative history for indications of the drafters' intent and evaluates the approaches to gravity adopted thus far by the Court's judges and Prosecutor. The analysis in this Part demonstrates that gravity plays two essential and distinct roles for the …

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A Theory Of Internationally Regulated Goods, Asif Efrat Jan 2008

A Theory Of Internationally Regulated Goods, Asif Efrat

Fordham International Law Journal

This Article examines the overlooked countertrend of international trade regulation. It offers a theory of internationally regulated goods ("IRGs") that explains why certain goods are regulated internationally, how governments form their preferences on international regulation, and how they establish cooperation. This Article argues that international regulation allows governments to make up for the deficiencies of national regulation by inducing the externalities-generating countries to establish proper controls. Beyond identifying and analyzing the trend of internationally regulated goods, this Article makes several additional contributions. Most importantly, the theoretical model bridges rationalist and nonrationalist accounts of international law by combining self-interest calculations with …

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Pacta Sunt Servanda And State Promises To Foreign Investors Before Bilateral Investment Treaties: Myth And Reality, Jason Webb Yackee Jan 2008

Pacta Sunt Servanda And State Promises To Foreign Investors Before Bilateral Investment Treaties: Myth And Reality, Jason Webb Yackee

Fordham International Law Journal

In their 1959 proposal to build a new international legal order founded upon principles of human dignity, Professors Myres McDougal and Harold Lasswell admonished international legal scholars to continuously reappraise the suitability and necessity of existing international legal institutions, taking due notice of the "myths" on which current arrangements are based and justified.' The aim of this Article is to take McDougal and Lasswell's admonition seriously in analyzing one of the persistent myths that serves to explain and to justify bilateral investment treaties ("BIT"s) that form the backbone of the modern system of international investment law. The author’s aim is …

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The Nexus Of Public And Private In Foreign Direct Investment: An Analysis Of Ifc, Miga, And Opic, Adam L. Masser Jan 2008

The Nexus Of Public And Private In Foreign Direct Investment: An Analysis Of Ifc, Miga, And Opic, Adam L. Masser

Fordham International Law Journal

This Report will provide an exposition of the most recent activities of three of the most important public supporters of foreign direct investment ("FDI"): the International Finance Corporation ("IFC"), the Multilateral Investment Guarantee Agency ("MIGA"), and the Overseas Private Investment Corporation ("OPIC"), with a focus on their regional and sectoral investment patterns. While not a panacea to the incredible challenges in achieving reductions in poverty, FDI is an essential element in the overall strategy to ensure successful, sustainable development. It is also an element that, especially in the least developed countries ("LDCs"), has suffered from consistent underperformance. Part I will …

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It's Not Ok: New Zealand's Efforts To Eliminate Violence Against Women, Jorge Contesse, Jeanmarie Fenrich Jan 2008

It's Not Ok: New Zealand's Efforts To Eliminate Violence Against Women, Jorge Contesse, Jeanmarie Fenrich

Fordham International Law Journal

This Report presents the findings of this research effort. It consists of three parts: Part I sets out the normative framework on domestic violence, both at the international and national level, and explains the relevant norms that govern the relationship between Maori and the Crown. Part II begins with a background discussion regarding the level of domestic violence in New Zealand. It then proceeds to detail the problems with the domestic law and implementing regulations addressing domestic violence, both with the law as written and problems with the law and regulations as implemented or enforced, the "implementation gaps." It presents …

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The European Counterterrorist As The Next U.S. Cold Warrior: Why The United States Should Select From The German And British Models Of Procedure, Evidence, And Oversight For National Security Wiretapping, Daniel Saperstein Jan 2008

The European Counterterrorist As The Next U.S. Cold Warrior: Why The United States Should Select From The German And British Models Of Procedure, Evidence, And Oversight For National Security Wiretapping, Daniel Saperstein

Fordham International Law Journal

The War on Terror is not limited to the United States, but rather, requires the cooperation and dedication of European allies which also have suffered from deadly terrorist attacks. A casualty of President Bush's foreign policy at times during his term was the alienation of the United States' traditional European allies which have acquired invaluable experience in counterterrorist operations and strategy stemming from their historical circumstances. This Note will discuss the historical differences between the U.S. and European attention and approaches to counterterrorism to provide a context in which to contrast the spectrum of national security wiretapping procedures, standards of …

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The Distinct Cases Of Kosovo And South Ossetia: Deciding The Question Of Independence On The Merits And International Law, Ronald Thomas Jan 2008

The Distinct Cases Of Kosovo And South Ossetia: Deciding The Question Of Independence On The Merits And International Law, Ronald Thomas

Fordham International Law Journal

The cases of Kosovo and South Ossetia provide two opportunities for the community of nations to reconcile the rights of Serbia and Georgia with the rights of the peoples within their borders. Instead of doing so, other countries used these cases for ideological and political posturing and continued to do so as of the end of 2008. This Note will review Kosovo and South Ossetia and attempt to take the politics out of an inherently political decision-whether or not to recognize them as independent states. Part I of this Note will review how the United Nations has approached the issues …

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Rationalising The Regime Of Compulsory Patent Licensing By The Essential Facilities Doctrine, Kung-Chung Liu Jan 2008

Rationalising The Regime Of Compulsory Patent Licensing By The Essential Facilities Doctrine, Kung-Chung Liu

Research Collection Yong Pung How School Of Law

Where intellectual property rights (IP) owned by dominant undertakings are indispensable and impossible for other market players to replicate or acquire, the refusal to grant license to use such IP may cause serious harm to vital public interests, such as the supply of life-saving drugs, of technology that protects the environment, the compliance with de jure or de facto industry standards and the preservation of competition in markets with network effects or strong need for compatibility and interoperability

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Thermal Analysis Of Adsorbed Poly(Vinyl Acetate) On Silica, Boonta Hetayothin, Frank D. Blum Jan 2008

Thermal Analysis Of Adsorbed Poly(Vinyl Acetate) On Silica, Boonta Hetayothin, Frank D. Blum

Chemistry Faculty Research & Creative Works

The physical properties of polymers at interfaces can be quite different from those in bulk due to the interaction between the absorbed polymer and the surface. This phenomenon can be probed through the dynamic behavior of the polymer chains at the interface which can be experimentally probed by techniques such as nuclear magnetic resonance spectroscopy (NMR),1 viscoelasticity, and calorimetry. At the polymer-air interface, polymer chains have more flexibility than those at the polymer-substrate interface. On the other hand, at the silica-polymer interface, where chains are more restricted on the surface, a higher glass transition temperature (Tg) results as compared with …

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On Existence And Uniqueness Results For The Bbm Equation With Arbitrary Forcing Terms, Timothy A. Smith Jan 2008

On Existence And Uniqueness Results For The Bbm Equation With Arbitrary Forcing Terms, Timothy A. Smith

Publications

The problem of classical solutions for the regularized long-wave equation is considered where various additional forcing terms are introduced which are often required for physical modifications in the wave theory. Sufficient conditions of solvability and existence are established and then these conditions are related to the structure of the forcing terms under consideration.

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Branching Out: Communication And Collaboration Among Librarians At Multi-Campus Institutions, Tim Bottorff, Robbin Glaser, Andrew Todd, Barbara Alderman Jan 2008

Branching Out: Communication And Collaboration Among Librarians At Multi-Campus Institutions, Tim Bottorff, Robbin Glaser, Andrew Todd, Barbara Alderman

Faculty Scholarship and Creative Works

Communication and collaboration are vital aspects of 21st century librarianship, particularly for librarians in branch and regional settings who are often separated from their system colleagues by both physical distance and administrative structures. For this study, the authors conducted an exploratory survey to examine collaboration, communication, and networking behaviors and perceptions among librarians in multi-campus academic library systems. Results of this investigative study will lead to better understanding of these issues within the profession, suggest possible approaches and solutions for better models of communication and collaboration, and lay the groundwork for future research on these topics.

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Perceived Discrimination And Depressive Symptomatology Among Native American Older Adults, Rita Haidle Billow Jan 2008

Perceived Discrimination And Depressive Symptomatology Among Native American Older Adults, Rita Haidle Billow

Graduate Student Theses, Dissertations, & Professional Papers

Recent studies have recognized discrimination as a stressor that is linked to psychological distress for those who experience such discrimination. The present study investigated the role of cultural identification as a moderator of the relationship between a global measure of perceived discrimination and depressive affect for a sample of older Native American adults, a group that has essentially been ignored in the empirical literature. The data were collected through surveys mailed to tribally-enrolled Native American adults aged 50 and older residing on a reservation in the Northwest. Multiple regression analysis was performed to test the moderating role of cultural identification. …

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Middle School Teacher Acceptance Of Interventions For Adhd, Linda Latsko Castenova Jan 2008

Middle School Teacher Acceptance Of Interventions For Adhd, Linda Latsko Castenova

PCOM Psychology Dissertations

The study explored the relationship between middle school teacher knowledge of Attention-Deficit/Hyperactivity Disorder (ADHD), their knowledge of common interventions for ADHD, and their perception of treatment acceptability. The study also investigated teacher characteristics and their relationship to teacher knowledge of ADHD and their ratings of acceptability of interventions. Fifty-eight general education middle school teachers completed a survey containing demographic information, an ADHD knowledge scale, and a survey on interventions for students with ADHD. Results indicated that teachers scored an average of 58% correct on the Knowledge of Attention Deficit Disorders Scale (KADDS), scoring significantly higher on the Symptoms/Diagnosis subscale compared …

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Sex-Specific Investment In Incubation And The Reproductive Biology Of Two Tropical Antbird Species, Brian A. Schwartz Jan 2008

Sex-Specific Investment In Incubation And The Reproductive Biology Of Two Tropical Antbird Species, Brian A. Schwartz

Graduate Student Theses, Dissertations, & Professional Papers

Paternal care has been neglected in behavioral studies because it is rare among most animals. Birds express wide variation in male care across a broad life-history gradient, but such variation among species remains poorly explored. At the same time, contributions of male assistance with incubation have been largely overlooked with the assumption that incubation is a time of low parental energy expenditure. We compared male versus female biparental incubation effort between two tropical antbird species in the northern Andes of Venezuela. We found that males and females apportion reproductive effort differently between these two species, but that male contributions of …

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Snow Accumulation And Melt Timing At High Elevations In Northwest Montana, Bonnie Jean Gillan Jan 2008

Snow Accumulation And Melt Timing At High Elevations In Northwest Montana, Bonnie Jean Gillan

Graduate Student Theses, Dissertations, & Professional Papers

The sensitivity of snowmelt driven water supply to climate variability and change is difficult to assess in the mountain west, where strong climatic gradients coupled with complex topography are sampled by sparse ground measurements. We developed a snowmelt model, which ingests daily satellite imagery and meteorological data and is suitable for application to areas greater than 1000 km2, yet captures important spatial variability in steep mountain terrain. We applied the model to the Middle Fork of the Flathead Basin, a 2900 km2 snowmelt-dominated watershed in northwest Montana. Time integration of the melt model yielded a history of snow water equivalent …

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