Digital Commons Network^™

Home State Responsibility And Local Communities: The Case Of Global Mining, Sara Seck

Articles, Book Chapters, & Popular Press

Home states that are actively engaged in global mining have considered and rejected calls to regulate the conduct of transnational mining corporations so as to prevent and remedy human rights and environmental harms. This reluctance to regulate is often expressed as a concern that extraterritorial regulation will conflict with the sovereignty of foreign states. This paper argues that the public international law of jurisdiction is permissive of home state regulation that can be justified under the nationality or territoriality principles, provided that there is no true conflict with an exercise of host state jurisdiction. In the human rights and environment …

Unilateral Home State Regulation: Imperialism Or Tool For Subaltern Resistance?, Sara Seck

Articles, Book Chapters, & Popular Press

Home state reluctance to engage in the regulation of international corporate activities in the human rights context is sometimes expressed as a concern that it would constitute an imperialistic infringement of host state sovereignty. This concern may be explicit, or it may be implicit in an expressed desire to avoid conflict with the sovereignty of foreign states. Yet, in the absence of a multilateral treaty directly addressing business and human rights, a role for home states in regulating so as to prevent and remedy human rights harms is increasingly being suggested. The purpose of this paper is to explore theoretical …

Prenatal Management Of Anencephaly, Rebecca Cook, Joanna Erdman, Martin Hevia, Bernard Dickens

Articles, Book Chapters, & Popular Press

About a third of anencephalic fetuses are born alive, but they are not conscious or viable, and soon die. This neural tube defect can be limited by dietary consumption of foliates, and detected prenatally by ultrasound and other means. Many laws permit abortion, on this indication or on the effects of pregnancy and prospects of delivery on a woman's physical or mental health. However, abortion is limited under some legal systems, particularly in South America. To avoid criminal liability, physicians will not terminate pregnancies, by induced birth or abortion, without prior judicial approval. Argentinian courts have developed means to resolve …

Current Legal Developments: International Union For The Conservation Of Nature, David Freestone, Kristina Gjerde, Rosemary Rayfuse, David Vanderzwaag

Articles, Book Chapters, & Popular Press

The Workshop on High Seas Governance for the 21st Century was held in New York City on 17-19 October 2007. Over 50 leading experts in international marine policy, science, law and economics gathered to explore policy and regulatory options to improve oceans governance beyond areas of national jurisdiction (BANJ), particularly as they relate to the protection and preservation of the marine environment and marine biological diversity. Participants attended in their personal capacity and the Workshop was conducted under Chatham House Rules. Co-chairs of the Workshop were David Freestone, Kristina Gjerde, Rosemary Rayfuse and David VanderZwaag.

Unilateral Home State Regulation: Imperialism Or Tool For Subaltern Resistance?, Sara L. Seck

Articles, Book Chapters, & Popular Press

Home state reluctance to engage in the regulation of international corporate activities in the human rights context is sometimes expressed as a concern that it would constitute an imperialistic infringement of host state sovereignty. This concern may be explicit, or it may be implicit in an expressed desire to avoid conflict with the sovereignty of foreign states. Yet, in the absence of a multilateral treaty directly addressing business and human rights, a role for home states in regulating so as to prevent and remedy human rights harms is increasingly being suggested. The purpose of this paper is to explore theoretical …

Home State Responsibility And Local Communities: The Case Of Global Mining, Sara L. Seck

Articles, Book Chapters, & Popular Press

Home states that are actively engaged in global mining have considered and rejected calls to regulate the conduct of transnational mining corporations so as to prevent and remedy human rights and environmental harms. This reluctance to regulate is often expressed as a concern that extraterritorial regulation will conflict with the sovereignty of foreign states. This paper argues that the public international law of jurisdiction is permissive of home state regulation that can be justified under the nationality or territoriality principles, provided that there is no true conflict with an exercise of host state jurisdiction. In the human rights and environment …

Shellfish Spotlight: 2008, Jeannie Brochi, Raymond E. Grizzle, Doug Grout, Stephen H. Jones, Ray Konisky, Chris Nash, Bruce Smith, Charles Walker, Mark Zankel

PREP Reports & Publications

Each year Granite State shellfishers search shallow briny waters in search of delicious mussels, clams, or oysters for the dinner table. Those who are skilled often are rewarded with full buckets, but few shellfishers realize that good harvests in New Hampshire’s Seacoast owe much to activities occurring far upstream.

The quality of the water and amount of available nutrients that sustain a clam or

oyster is directly related to the condition of the rivers and streams that drain the land. The Hampton-Seabrook Estuary is fed by approximately 46 square miles of surrounding land. An even larger system, the Piscataqua River …

Glacial Ecosystems, Amy Hodson, Alexandre M. Anesio, Martyn Tranter, Andrew G. Fountain, Mark Osborn, John Charles Priscu, Johanna Laybourn-Perry, Birgit Sattler

Geography Faculty Publications and Presentations

There is now compelling evidence that microbially mediated reactions impart a significant effect upon the dynamics, composition, and abundance of nutrients in glacial melt water. Consequently, we must now consider ice masses as ecosystem habitats in their own right and address their diversity, functional potential, and activity as part of alpine and polar environments. Although such research is already underway, its fragmentary nature provides little basis for developing modern concepts of glacier ecology. This paper therefore provides a much-needed framework for development by reviewing the physical, biogeochemical, and microbiological characteristics of microbial habitats that have been identified within glaciers and …

Changing The Rules Of Establishment Clause Litigation: An Alternative To The Public Expression Of Religion Act, Christopher D. Tomlinson

Vanderbilt Law Review

In 2004, the American Civil Liberties Union ("ACLU") threatened to sue the city of Redlands, California, if it did not remove a small cross from its city seal.' The cross represented the city's religious heritage and its history as a city of churches. Instead of facing the possibility of litigation and the more daunting risk of losing in court and being forced to pay the ACLU's attorneys' fees in addition to its own, the Redlands City Council agreed to change the seal. The City of Redlands not only could ill afford the risk of paying the ACLU's attorneys' fees; it …

Wrongs Without Recourse: A Comment On Jason Solomon's Judging Plaintiffs, John C.P. Goldberg

Vanderbilt Law Review

No abstract provided.

Flow In Porous Media And Environmental Impact, Noujoud M Jawhar

Theses

No abstract provided.

Assessment Of Noise Impact Of Air Traffic At Dubai International Airport, Maryam Ali Ahmad Al Balooshi

Theses

The aviation industry in UAE has experienced rapid expansion over the past decade due to increase in economic growth and technological advancements. UAE’s total fiscal investment on airport development over the coming 20 years is estimated to exceed Dh 71 billion (US$19.35 billion). Civil aviation now a day is considered one of the greatest environmental concerns which lead to many different environmental problems. The International Aviation Organization (ICAO) secretariat considered aircraft noise as the most significant cause of adverse community reaction relating to the operation and expansion of airports. This is expected to remain the case in most regions of …

Biological Control Of Fusarium Oxysporum Wilt Disease Of Tomato By Antagonistic And Plant Growth Promoting Actinomycetes, Nada Mohammed Ibrahim Al-Shugairan

Theses

Soil-borne fungal plant pathogens cause some of the most widespread and serious plant diseases. Root diseases caused by these pathogens such as wilt, root rot, collar rot, foot rot, seedling pre- and post-emergence damping-off are the foremost of problems which are gaining importance from day to day in the world and for which no direct control measures have been evolved so far. Fusarium spp. is a widespread soil-borne plant pathogen and is the causal agents of wilt disease of many economically important crops. Fusarium spp. is a limiting factor in the plant productivity in most agricultural soils. Wilt disease of …

Assessment Of Marine Pollution Along Qatar’S Coasts, Mariam Saud Sadoon Al-Adba

Theses

In 2006 a study was carried out to evaluate organic and petroleum pollutants including: Total Organic Carbon (TOC), Total Petroleum Hydrocarbon (TPH), Total Kjeldahl Nitrogen (TKN), Polycyclic Aromatic Hydrocarbons (PAHs) and PolyChlorinated Biphenyls (PCBs) in coastal bottom sediments of Qatar, as well to determine the source of petroleum pollutant in the environment.

The study included 15 stations along the coastline, at a 100 m distance from the shoreline. The average TOC % analyzed in the study area is 0.262 % which is less than other regional studies. The average TPH in Qatar sediment is around 133.46 mg/kg; this is lower …

Assessment Of Favorable Conditions And Potentials Of Salinity Gradients In Solar Ponds (Sgsps) And The Production Of Solar Salt Along Abu Dhabi Coasts, Huda Ali Mohammed Saeed Al Mansouri

Theses

Coastal sabkha area of Abu Dhabi extends about 300km long and 15 km wide. It consist of a series of hypersaline (47%) lagoons surrounded by salt-entrusted flat sabkhas. Temperature there may reach 60° C in the summer. Moreover, the salinity of the lagoons is very high and may reach 70%.

The objective of this study was to assess the possibility of utilizing salinity gradient in solar ponds and/or production of solar salt along Abu Dhabi coasts. This study was conducted in sabkha area which extends from Al Mafraq-Al Sil’a Highway, near the Satellites Station (kilo 255, Dy 17 Street) until …

Electrical Imaging Hydro Chemical And Isotope Investigation Of Mubazarah Area In Uae (Al-Ain), Faris Mirghani Mahgoub

Theses

No abstract provided.

Explaining Away The Obvious: The Infeasibility Of Characterizing The Second Amendment As A Nonindividual Right, George A. Mocsary

Fordham Law Review

Although the Second Amendment of the U.S. Constitution has guaranteed the right to keep and bear arms for more than 200 years, the U.S. Supreme Court has never formally declared to whom the right belongs. Each side of the gun debate--one holding that the Amendment guarantees a right to individuals, the other that states possess the right--supports its position with ostensibly solid precedential, historical, and textual arguments. This Note approaches the issue from the opposite direction, asking how many precedential, historical, and textual obstacles each side must explain away and examining the relative strength of those explanations. Under this analysis, …

Rule 26(A)(2)(B) Of The Federal Rules Of Civil Procedure: In The Interest Of Full Disclosure, Katherine A. Rocco

Fordham Law Review

This Note examines the varying interpretations of Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure, an issue currently dividing the nation's circuit courts of appeal and district courts. Interpreting the Rule for its plain meaning yields an exemption for expert witnesses who are either treating physicians or employees of a party in the case. While some courts have followed this textualist approach, more have opted for a broader interpretation, imposing the expert report requirements of Rule 26 on employee experts and treating physicians under certain circumstances. In keeping with the spirit of the Rules, courts should interpret the Rule …

Prudential Standing Limitations On Lanham Act False Advertising Claims, Gregory Apgar

Fordham Law Review

Section 43(a) of the Lanham Act provides a federal cause of action for false advertising. There is considerable disagreement among the federal circuit courts over the proper way to determine standing under this statute. Much of the disagreement centers on how the plaintiff's status as a direct competitor of the defendant should affect the standing inquiry. This Note argues that the five-factor test currently used by the U.S. Courts of Appeals for the Third, Fifth, and Eleventh Circuits is the best approach. Further, this Note argues that an allegation of a commercial injury by a direct competitor of the defendant …

Waiting In Immigration Limbo: The Federal Court Split Over Suits To Compel Action On Stalled Adjustment Of Status Applications, Lauren E. Sasser

Fordham Law Review

This Note explores the conflict surrounding federal courts' authority to hear injunctive suits from adjustment of status applicants demanding U.S. Citizenship and Immigration Services action on significantly delayed applications. The conflict turns on whether the agency has a duty to adjudicate applications properly before it, whether it must do so in a reasonable time, and whether any statutes preclude jurisdiction. The Note argues that the agency has a duty to adjudicate applications properly before it in a reasonable time. When it violates that duty, applicants should have legal recourse in all jurisdictions.

Who Is At The Table? Interpreting Disclosure Requirements For Ad Hoc Groups Of Institutional Investors Under Federal Rule Of Bankruptcy Procedure 2019, James M. Shea, Jr.

Fordham Law Review

This Note explores Federal Rule of Bankruptcy Procedure 2019's disclosure requirements when hedge funds and other institutional investors appear as groups in Chapter 11 cases. In particular, this Note traces the history of Rule 2019 and the various corporate reorganization mechanisms to explain the split between two bankruptcy courts on whether these groups constitute “committees” under Rule 2019. This Note cites the fundamental differences between these groups and protective committees--the committees charged with representing security holders under federal equity receiverships. Hence, ad hoc groups do not have to make detailed disclosures of each individual transaction, disclosure that would be required …

Longing For Loving, Katherine M. Franke

Fordham Law Review

No abstract provided.

The Blurring Of The Lines: Children And Bans On Interracial Unions And Same-Sex Marriages, Carlos A. Ball

Fordham Law Review

No abstract provided.

Structural Dimensions Of Romantic Preferences, Russell K. Robinson

Fordham Law Review

No abstract provided.

The Unregulables? The Perilous Confluence Of Hedge Funds And Credit Derivatives, Noah L. Wynkoop

Fordham Law Review

This Note examines credit derivatives, hedge funds, and the increase in systemic risk that results from the combination of the two. The issues considered include what method of regulation--entity, transaction, or self-regulation--provides the form and amount of disclosure that best addresses the risk that the markets as a whole will be affected by a financial shock. Emphasizing the role of traders and efficient capital markets, this Note proposes that a system of disclosure for derivatives similar to the Trade Reporting and Compliance Engine, or TRACE, system for corporate bonds would prevent rapid repricings that have the potential to shock the …

On The Face Of It? Establishing Jurisdiction On Claims To Compel Arbitration Under Section 4 Of The Faa, Leda Moloff

Fordham Law Review

Section 4 of the Federal Arbitration Act enables a party with an arbitration agreement to bring suit to compel arbitration if the dispute between parties is brought in court. The U.S. Courts of Appeals are split over how to establish jurisdiction when faced with a claim to compel arbitration. The disagreement centers on whether the court may “look through” to the underlying claim between parties to establish jurisdiction or whether establishment of jurisdiction must comply with the well-pleaded complaint rule, a rule requiring the petitioner to state the reason for jurisdiction on the face of their complaint to compel arbitration. …

Scolded: Can An Attorney Appeal A District Court's Order Finding Professional Misconduct?, Carla R. Pasquale

Fordham Law Review

This Note addresses the split among the United States courts of appeals over whether an attorney can appeal a district court’s finding that he or she has acted unprofessionally, even when there is no monetary sanction imposed. After discussing the U.S. Constitution’s Article III “case or controversy” requirement and a district court’s power to sanction attorneys, this Note dissects the circuit split. It argues that attorneys should have standing to appeal a court’s finding of unprofessional conduct because this type of sanction can cause irreparable harm to an attorney’s professional reputation and thus to the attorney’s business.

Reconciling Morse With Brandenburg, Steven Penaro

Fordham Law Review

This Note examines Morse v. Frederick in connection with the Brandenburg v. Ohio test governing speech that advocates unlawful acts. In Morse, the U.S. Supreme Court devised a new test that gives school officials the power to restrict student speech promoting the use of illegal drugs. However, in Brandenburg, the Supreme Court held that speech must be struck down if the speaker intends to incite imminent lawless action and that speech is likely to produce such action. This Note argues that a relaxed application of the Brandenburg standard would be useful in prohibiting student drug speech within a school setting.

Revisiting The Legal Standards That Govern Requests To Sterilize Profoundly Incompetent Children: In Light Of The "Ashley Treatment," Is A New Standard Appropriate?, Christine Ryan

Fordham Law Review

This Note discusses the recent controversy surrounding a six-year-old girl named Ashley, whose parents chose to purposefully stunt her growth and remove her reproductive organs for nonmedical reasons. A federal investigation determined that Ashley’s rights had been violated because doctors performed the procedure, now referred to as the “Ashley Treatment,” without first obtaining a court order. However, the investigation did not make any conclusions regarding whether the “Ashley Treatment” could present a legally permissible treatment option in the future. After discussing the constitutional rights that the “Ashley Treatment” implicates and the current legal standards in place, this Note examines how …

Can The Trustee Recover? Imputation Of Fraud To Bankruptcy Trustees In Suits Against Third-Party Service Providers, Samuel C. Wasserman

Fordham Law Review

Corporate fraud has become a familiar headline over the last decade and has forced several companies whose managers have committed that fraud to file for bankruptcy. In these cases, a trustee will often be appointed to represent and manage the bankruptcy estate. This trustee is vested with the rights of the debtor corporation upon filing and may try to sue third-party service providers (e.g., accounting firms, law firms, investment banks) for conspiring in, or negligently failing to detect, the fraud. Federal and state courts have disagreed over whether the bankruptcy trustee should be permitted to recover damages from these third …