Digital Commons Network^™

Changing The Rules Of The Game: Offshore Financial Centers, Regulatory Competition & Financial Crises, Andrew P. Morriss

Faculty Scholarship

Politicians from New York District Attorney Robert Morgenthau to British Prime Minister Gordon Brown are blaming offshore financial centers (OFCs) for contributing to the current global financial crisis by failing to adequately regulate their financial industries. These criticisms are mistaken for three reasons. First, OFCs offer different rather than less regulation. Since most OFC financial products are aimed at sophisticated and institutional investors, OFC regulators are less concerned with protections for retail investors than are regulators in jurisdictions like the United States. This enables them to adopt less costly regulations that are still effective at preventing fraud and other financial …

Between A Rock And A Hard Place: Tensions Between The U.S.-Rok Status Of Forces Agreement And The Duty To Ensure Individual Rights Under The Iccpr , Rijie Ernie Gao

Fordham International Law Journal

This Note argues that the Korea SOFA illustrates how the current approach to implementing SOFA agreements hinder state parties from complying with their legal obligations under article 2 of the ICCPR. Part I first provides an overview of the two competing bodies of international law at issue: the law governing the U.S. approach to foreign criminal jurisdiction, on the one hand, and the development of human rights law and the terms of article 2 of the ICCPR, on the other. Part II assesses the incompatibility between ICCPR and SOFA obligations from the point of view of both receiving and sending …

Rule 11 Bis: An Examination Of The Process Of Referrals To National Courts In Icty Jurisprudence, Olympia Bekou

Fordham International Law Journal

Rule 11 bis forms a cornerstone of the ICTY's completion strategy. Part I of this Article provides an analysis of the elements of the rule. This Part will highlight the purpose of Rule 11 bis, offer an overview of the legal basis through which the transfer of jurisdiction has taken place in the ICTY, discuss the referral process and the elements necessary for a successful referral, and, finally, round out the discussion with an overview of the decision making process of the referral bench in identifying which state is suitable to proceed with a trial once it is determined that …

The German Constitutional Court Says 'Ja Zu Deutschland!', Daniel H. Halberstam, Christoph Möllers

Articles

In announcing the decision of the Bundesverfassungsgericht (BVerfG - Federal Constitutional Court) on the constitutionality of the Lisbon Treaty, the Presiding Justice of the Second Senate summed up the judgment by proclaiming: “Das Grundgesetz sagt ‘Ja' zum Vertrag von Lissabon.”

Double-Edged Sword: Russia’S Use Of Energy As Leverage In The Near Abroad, Alexander M. Visotzky

Honors Papers

This work explores Russia’s use of energy as leverage in the near abroad. This work argues that different strategies of using energy, such as moderation or aggression, lead to different outcomes in the near abroad. The current work on Russian foreign policy fails to provide an explanation for the wildly different outcomes of Georgia and Ukraine – this work seeks to fill in those gaps.

United States Detention Operations In Afghanistan And The Law Of Armed Conflict, Matthew C. Waxman

Faculty Scholarship

Looking back on US and coalition detention operations in Afghanistan to date, three key issues stand out: one substantive, one procedural and one policy. The substantive matter – what are the minimum baseline treatment standards required as a matter of international law? – has clarified significantly during the course of operations there, largely as a result of the US Supreme Court’s holding in Hamdan v. Rumsfeld. The procedural matter – what adjudicative processes does international law require for determining who may be detained? – eludes consensus and has become more controversial the longer the Afghan conflict continues. And the …

Transformation Paradox: A Framework For The Analysis Of Politics In Enterprise Transformations, Cindy S. Miller

Engineering Management & Systems Engineering Theses & Dissertations

The purpose of this research is to develop a theoretical framework for the analysis of politics in enterprise transformations using a dialectical analysis approach (Hegel, 1989; Heraclitus, 1979; Pinkard, 1988; Skinner, 1978a, 1978b) and conduct an evaluation of the framework validity. The framework is constructed using a dialectical analysis of concepts stemming from the work of Alford and Friedland (1992) and considers four theoretical perspectives: autocratic, bureaucratic, pluralistic, and cognitive. The framework is then validated by means of qualitative metrics and adherence to critical ideology.

This research addresses the problem that there is no holistic theoretical framework for the analysis …

Modeling And Simulation Of Coaxial Helicopter Rotor Aerodynamics, Murat Gecgel

Mechanical & Aerospace Engineering Theses & Dissertations

A framework is developed for the computational fluid dynamics (CFD) analyses of a series of helicopter rotor flowfields in hover and in forward flight. The methodology is based on the unsteady solutions of the three-dimensional, compressible Navier-Stokes equations recast in a rotating frame of reference. The simulations are carried out by solving the developed mathematical model on hybrid meshes that aim to optimally exploit the benefits of both the structured and the unstructured grids around complex configurations. The computer code is prepared for parallel processing with distributed memory utilization in order to significantly reduce the computational time and the memory …

Carbon−Phosphorus Bond Activation Of Tri(2-Thienyl)Phosphine At Dirhenium And Dimanganese Centers, Md. Nazim Uddin, M. Abdul Mottalib, Noorjahan Begum, Shishir Ghosh, Arun K. Raha, Daniel T. Haworth, Sergey V. Lindeman, Tasneem Siddiquee, Dennis W. Bennett, Graeme Hogarth, Ebbe Nordlander, Shariff E. Kabir

Chemistry Faculty Research and Publications

Reaction of [Re₂(CO)₉(NCMe)] with tri(2-thienyl)phosphine (PTh₃) in refluxing cyclohexane affords three substituted dirhenium complexes: [Re₂(CO)₉(PTh₃)] (1), [Re₂(CO)₈(NCMe)(PTh₃)] (2), and [Re₂(CO)₈(PTh₃)₂] (3). Complex 2 was also obtained from the room-temperature reaction of [Re₂(CO)₈(NCMe)₂] with PTh₃ and is an unusual example in which the acetonitrile and phosphine ligands are coordinated to the same rhenium atom. Thermolysis of 1 and 3 in refluxing xylene …