Digital Commons Network^™

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 …

Eu Law, International Law, And Economic Sanctions Against Terrorism: The Judiciary In Distress?, Takis Tridimas, Jose A. Gutierrez-Fons

Fordham International Law Journal

This Article seeks to examine the relationship between European Union (“EU”) law, international law, and the protection of fundamental rights in light of recent case law of the European Court of Justice (“ECJ”) and the Court of First Instance (“CFI”) relating to economic sanctions against individuals. It first looks at the judgment in Kadi. After a short presentation of the factual and legal background, it explores the question of whether the EU has competence to adopt smart sanctions. It then examines whether the EU is bound by resolutions of the UNSC, whether the ECJ has jurisdiction to review Community measures …

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 …

New Frontiers In The Relationship Between National And European Courts, George A. Bermann

Fordham International Law Journal

The central question pervading this discussion is simply stated: whether and to what extent the European Court of Justice (“Court of Justice” or “Court”) (and the European institutions more generally) can count on the courts of the Member States to perform their judicial tasks in ways that are faithful to the ground rules of European Union (“EU”) law, be those rules substantive or procedural in character. Looking back over the past five decades, I am struck by the succession of different forms this question of national court “fidelity” to Community law, for lack of a better term, has taken. (The …

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 …

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 …

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 …

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 …

The Contribution Of The International Court Of Justice To The Development Of International Environmental Law: A Contemporary Assessment, Dr. Jorge E. Viñuales

Fordham International Law Journal

The article provides a detailed and up-to-date assessment of the contribution of the International Court of Justice (ICJ) to the development of International Environmental Law (IEL), including the potential in this respect of the cases currently pending before the Court. The author argues that the ICJ's contribution to IEL can be organized in two main waves of cases. The legacy of the first wave, which covered essentially the Corfu Channel and the Nuclear Tests cases, as well as an important obiter dictum made in the Barcelona Traction case, was the confirmation of previous case-law on transboundary damages as well as …

Indigenous Land Rights And The Declaration On The Rights Of Indigenous Peoples: Implications For Maori Land Claims In New Zealand, Sarah M. Stevenson

Fordham International Law Journal

This Comment argues that Maori land claims will be bolstered through the use of existing and emerging customary international law, including principles in the Declaration. Part I discusses land issues in New Zealand, beginning by providing an overview of developments since the signing of the Treaty of Waitangi (“Treaty”), the founding document of New Zealand. It then discusses Maori customary title, the foreshore and seabed controversy, and the first settlement under the F.S.A., and concludes with the reasons for New Zealand's vote against the Declaration. Part II reviews indigenous rights in international law and the role of international law in …

The Near-Infrared Spectroscopy Of Two Main Belt Asteroids, 418 Alemannia And 504 Cora, Chalbeth M. Reynolds

Theses and Dissertations

No abstract provided.

Measured Endurance Scores And Incidence Of Non-Contact Injuries Of Collegiate Women Soccer Players Over A Season, Kelsey Heinemann

Theses and Dissertations

No abstract provided.

Closed Ecological Systems For Life Support, Limits Of Stable Functioning, And Algorithms Of Control, Yevhen I. Holubnyak

Theses and Dissertations

No abstract provided.

Investigating Community Factors As Predictors Of Rural 11th-Grade Agricultural Science Students’ Choice Of Careers In Agriculture, Omolola A. Adedokun, Mark Balschweid

Department of Agricultural Leadership, Education, and Communication: Faculty Publications

This study investigates the links between community contexts/factors and rural 11th-grade agricultural science students’ choice of careers in agriculture. A logistic regression model was developed and tested to examine the extent to which nine measures of community contexts (i.e., membership in FFA, membership in 4-H, community attachment, community satisfaction, length of residency in the community, positive perception of local community, preference for residing close to nature, and participation in volunteer activities) influence the odds of a student choosing a career in agriculture. The results show that the major community factors influencing the choice of agriculture related careers are membership in …

Vincentiana Vol. 52, No. 1-2 [Full Issue]

Vincentiana

No abstract provided.

Vincentiana Vol. 52, No. 3 [Full Issue]

Vincentiana

No abstract provided.

Vincentiana Vol. 52, No. 4 [Full Issue]

Vincentiana

No abstract provided.

Vincentiana Vol. 52, No. 5 [Full Issue]

Vincentiana

No abstract provided.

Vincentiana Vol. 52, No. 6 [Full Issue]

Vincentiana

No abstract provided.

Catalogues Of Houses And Personnel (Read-Me)

Personnel Catalogues

No abstract provided.

'No Right To Judge': Feminism And The Judiciary In Third Republic France, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

Toward A General Theory Of Polymeter: Polymetric Potential And Realization In Elliott Carter's Solo And Chamber Instrumental Works After 1980, Ève Poudrier

Dissertations, Theses, and Capstone Projects

This dissertation proposes a conceptual framework and tools for the analysis of polymeter in contemporary musical practices applied to the short instrumental works of Elliott Carter, where multiple temporalities have been identified as an essential aesthetic component. Three works are discussed in more detail: Changes for guitar (1983), Esprit rude/Esprit doux I for flute and clarinet (1985), and 90+ for piano (1994). The composer's use of metrical modulations and structural polyrhythms is re-evaluated in the context of a theory of polymeter. Structural polyrhythms are represented by means of proximity charts, and Carter's compositional strategies are explored, including rhetorical use of …

The Phenomenon Of Amoralism: An Investigation Of The Cognitive And Emotive Roots, Andrei G. Zavaliy

Dissertations, Theses, and Capstone Projects

An amoralist is defined as a person who rejects the claims of moral reasons to special authority, and systematically acts without regard to the generally accepted moral standards. A psychopath can be seen as a paradigm case of an extreme amoralist, although the less severe cases of selective amoralists are considered. The research into the typical behavioral pattern, motivational structure, and the value system of psychopaths can shed light on at least three aspects related to the analysis of the moral agency. First, it can help elucidating the emotive and cognitive conditions necessary for moral performance. Secondly, it can provide …

Correspondence, Conferences, Documents, Volume Xi. Conferences To The Congregation Of The Mission Vol. 1, Vincent De Paul, Pierre Coste C.M.

Vincentian Digital Books

Translated, edited, and annotated from the 1920 edition of Pierre Coste, C.M.

Edited by Sr. Marie Poole, D.C., Sr. Ann Mary Dougherty, D.C., and Sr. Ellen Van Zandt, D.C.

Translated by Sr. John Marie Poole, D.C.

Annotated by John W. Carven, C.M.

Steans Center Newsletter, Steans Center

Steans Center Newsletters, Press Releases and News Items

No abstract provided.

Foreword: Lawyers, Law Firms & The Legal Profession: An Ethical View Of The Business Of Law, Margit Livingston

College of Law Faculty

No abstract provided.

Clinical Legal Education And The Public Interest In Intellectual Property Law, Joshua Sarnoff, Christine Farley, Peter Jaszi, Ann Shalleck, Victoria Phillips

College of Law Faculty

Clinical legal education provides a powerful methodology for students to learn about the relationships among intellectual property law theories, policies and practices; to encounter the experiences of persons who seek protection or who feel the legal regimes of intellectual property impinging on their ability to engage in educational, creative, innovative and culturally significant work; and to develop as lawyers. We describe in this article our motivations for forming an intellectual property law clinic at the American University Washington College of Law, the goals that we seek to achieve, and the tripartite pedagogical structure that we adopted - (1) a seminar …

Re-Interpreting Postville: A Legal Perspective, Sioban Albiol, R. Linus Chan, Sarah Diaz

College of Law Faculty

No abstract provided.

Guide De Prévention : Manipulation Sécuritaire Des Médicaments Dangereux, Comité De Travail Sur La Manipulation Sécuritaire Des Médicaments Dangereux

Guides

Ce guide de prévention propose aux établissements de santé un ensemble de recommandations pour le travail sécuritaire avec les médicaments dangereux. Il traite des pratiques pouvant représenter un risque d’exposition pour le personnel travaillant de près ou de loin avec ces médicaments. Il vise à assister les instances responsables de l’élaboration et de la mise en place de mesures préventives et de procédures sécuritaires. Toutes les étapes du circuit du médicament sont couvertes.

Prevention Guide: Safe Handling Of Hazardous Drugs, Working Committee On The Safe Handling Of Hazardous Drugs

Guides

Ce guide de prévention propose aux établissements de santé un ensemble de recommandations pour le travail sécuritaire avec les médicaments dangereux. Il traite des pratiques pouvant représenter un risque dexposition pour le personnel travaillant de près ou de loin avec ces médicaments. Il vise à assister les instances responsables de lélaboration et de la mise en place de mesures préventives et de procédures sécuritaires.