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Articles 1 - 30 of 33
Full-Text Articles in Entire DC Network
The Legal And Moral Responsibility To Protect, Karen Musalo
The Legal And Moral Responsibility To Protect, Karen Musalo
Fordham International Law Journal
No abstract provided.
July 2020 - June 2021 Fordham Law School Faculty Bibliography, Fordham Law School Library
July 2020 - June 2021 Fordham Law School Faculty Bibliography, Fordham Law School Library
Faculty Bibliography
No abstract provided.
The Relevance Of Fatf's Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles
The Relevance Of Fatf's Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles
Fordham International Law Journal
No abstract provided.
China After The Reform Era, Carl F. Minzner
China After The Reform Era, Carl F. Minzner
Faculty Scholarship
China’s reform era is ending. Core factors that characterized it – political stability, ideological openness, and rapid economic growth – are unraveling. In part, this is the result of Beijing’s steadfast refusal to contemplate fundamental political reform. Since the early 1990s, this has fueled the rise of entrenched interests within the Communist Party itself. It has also contributed to the systematic underdevelopment of institutions of governance among state and society at large. Now, to address looming problems confronting the nation, Chinese leaders are progressively cannibalizing institutional norms and practices that have formed the bedrock of the regime's stability in the …
The Politics Of Narrative: Law And The Representation Of Mexican Criminality, Deborah Weissman
The Politics Of Narrative: Law And The Representation Of Mexican Criminality, Deborah Weissman
Fordham International Law Journal
No abstract provided.
What Could Globalization Mean For Domestic Islamic-Socio-Political Activism?, Nina Crimm
What Could Globalization Mean For Domestic Islamic-Socio-Political Activism?, Nina Crimm
Fordham International Law Journal
No abstract provided.
Elusive Empowerment: Compensating The Sex Trafficked Person Under The Trafficking Victims Protection Act, Theodore R. Sangalis
Elusive Empowerment: Compensating The Sex Trafficked Person Under The Trafficking Victims Protection Act, Theodore R. Sangalis
Fordham Law Review
Globally, hundreds of thousands-perhaps millions-are being forced or coerced into commercial sex acts. In the United States, this sex trafficking problem has become a lucrative illegal industry, and it is quickly growing. In response, Congress passed the Trafficking Victims Protection Act of 2000 (TVPA) to eradicate the industry by prosecuting the perpetrators, protecting the victims, and preventing the practice. Through several reauthorizations, one federal strategy that has emerged is compensating the victims through mandatory criminal restitution and civil remedies. Collection of restitution damages has been lacking, however, and no civil suit filed for sex trafficking survivors has reached the merits. …
Gendercide And The Cultural Context Of Sex Trafficking In China, Susan Tiefenbrun, Christie J, Edwards
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 …
A Theory Of Internationally Regulated Goods, Asif Efrat
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 …
The Impact Of U.N. Human Rights Commission Reform On The Ground: Investigating Extrajudicial Executions Of Honduran Street Children, Caroline Mchale
The Impact Of U.N. Human Rights Commission Reform On The Ground: Investigating Extrajudicial Executions Of Honduran Street Children, Caroline Mchale
Fordham International Law Journal
This Note uses the case of Honduran street children to demonstrate that the U.N. Principles have not been adequately implemented, and argues that the international community should use the creation of the U.N. Human Rights Council (“Council”) as an opportunity to insist on better training and monitoring of investigative personnel worldwide. Part I reviews the legal standards establishing extrajudicial executions of street children as a major human rights violation and the Honduran State's duty to investigate. Part I also examines challenges facing Honduran investigative police agencies, including budget crises and accusations of corruption and complicity. Part I concludes with a …
A World Drowning In Guns, Harold Hongju Koh
Modern Slavery And A Reconstructed Civil Rights Agenda, Baher Azmy
Modern Slavery And A Reconstructed Civil Rights Agenda, Baher Azmy
Fordham Law Review
No abstract provided.
Preventing, Punishing And Eliminating Terrorism In The Western Hemisphere: A Post-9/11 Inter-American Treaty, Enrique Lagos, Timothy D. Rudy
Preventing, Punishing And Eliminating Terrorism In The Western Hemisphere: A Post-9/11 Inter-American Treaty, Enrique Lagos, Timothy D. Rudy
Fordham International Law Journal
Part I of this Article will provide a brief background to the fight against terrorism as seen from an inter-American legal and institutional standpoint. Part II will discuss the more significant details of the Convention and the negotiations in the Permanent Council's Working Group that produced it. In II(A), the authors review the conflicting views among delegates about whether the OAS should have been negotiating a “comprehensive” anti-terrorism treaty (complete with a legal definition of terrorist acts) or follow the suggestion of the United States and adopt a less ambitious treaty providing some “added value” (by incorporating by reference the …
The Challenges Of Fighting Global Organized Crime In Latin America, Luz Estella Nagle
The Challenges Of Fighting Global Organized Crime In Latin America, Luz Estella Nagle
Fordham International Law Journal
This Article examines organized crime in Iberoamerica. It also examines the international mechanisms implemented to combat it, specifically the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the 1996 Organization of American States Inter-American Convention against Corruption of 1996, and the United Nations Convention on Transnational Organized Crime of 2000. It then examines whether these efforts have been successful or unsuccessful, and whether multilateral instruments are a formidable tool in the war against international organized crime or merely toothless tigers.
Introduction- Twenty-Five Years Of The Fordham International Law Journal, Joseph C. Sweeney
Introduction- Twenty-Five Years Of The Fordham International Law Journal, Joseph C. Sweeney
Fordham International Law Journal
A review of the history of the Fordham ILJ. It is a partial reprint of an essay published in 20 FORDHAM INT'L L.J. 1 (1996). The essay attempts to briefly summarize the purpose of the ILJ and past volumes.
Putting The Brakes On The Global Trafficking Of Women For The Sex Trade: An Analysis Of Existing Regulatory Schemes To Stop The Flow Of Traffic, Katrin Corrigan
Putting The Brakes On The Global Trafficking Of Women For The Sex Trade: An Analysis Of Existing Regulatory Schemes To Stop The Flow Of Traffic, Katrin Corrigan
Fordham International Law Journal
This Note addresses international trafficking of women for the sex trade. Part I describes the existing laws that prohibit trafficking of women for the sex trade internationally, within the European Union ("EU"), and in the United States. Part I also explains how these laws can be used to combat global trafficking of women. Part II analyzes existing anti-trafficking laws in the relevant international treaties, the EU, and in the Unites States. Part II explores experts' opinions on the shortcomings of the existing laws for effective prevention of trafficking. Part III advocates that a comprehensive approach is necessary to eradicate international …
Lions, Tigers, And Bears [Oh My]: How To Stop Endangered Species Crime, Ruth A. Braun
Lions, Tigers, And Bears [Oh My]: How To Stop Endangered Species Crime, Ruth A. Braun
Fordham Environmental Law Review
No abstract provided.
From Free Trade To Prohibition: A Critical History Of The Modern Asian Opium Trade, Alfred W. Mccoy
From Free Trade To Prohibition: A Critical History Of The Modern Asian Opium Trade, Alfred W. Mccoy
Fordham Urban Law Journal
The article begins by exploring America's current war on drugs and how it represents a misuse of its power and misperception of the global narcotics trade. It continues and puts forth that Asia's opium production may soon increase to levels that will defeat the war on drugs now being waged by the United State and United Nations and goes into the the extent of Opium production in Asia. It then looks at a history of Opium trade, including the era which began prohibition and then the cold war, which began the expansion of the Asian opium trade. The article then …
U.S. Mutual Assistance To Colombia: Vague Promises And Diminishing Returns, Luz Estella Nagle
U.S. Mutual Assistance To Colombia: Vague Promises And Diminishing Returns, Luz Estella Nagle
Fordham International Law Journal
This Article addresses mutual assistance between the United States and Colombia and the issues surrounding the drug war. Part I examines past and present cooperative agreements, the goals of the agreements in the context of national and regional security, and the reasons the agreements have or have not succeeded. Part II discusses current U.S. aid policy toward Colombia and the problems the United States will face if assistance proceeds as planned. Part III presents a critical view of Colombia as a nation unable to deal successfully with its many political, social, and moral crises, and incapable of living up to …
U.S.-Russian Mutual Legal Assistance Treaty: Is There A Way To Control Russian Organized Crime?, Eugene Solomonov
U.S.-Russian Mutual Legal Assistance Treaty: Is There A Way To Control Russian Organized Crime?, Eugene Solomonov
Fordham International Law Journal
This Comment analyzes U.S. and Russian bilateral cooperation in fighting organized crime and the difficulties associated with this fight. Part I of this Comment presents the historical development of Russian organized crime, its domestic effects, and its internationalization, particularly in the United States. Part I also highlights the Russian government's legislative attempts to combat organized crime. Finally, Part I examines examples of international bilateral cooperation, such as that between Israel and the United States, which can be emulated by the Russian and U.S. authorities. Part II analyzes the existing Mutual Legal Assistance Agreement (“MLAA”) between the United States and the …
Removing Drug Lords And Street Pushers: The Extradition Of Nationals In Colombia And The Dominican Republic, Joshua H. Warmund
Removing Drug Lords And Street Pushers: The Extradition Of Nationals In Colombia And The Dominican Republic, Joshua H. Warmund
Fordham International Law Journal
This Comment explores the interplay between drug trafficking and extradition policy in the U.S.-Latin American-Caribbean region by focusing upon the recent legal shift in Colombia and the Dominican Republic. Part I describes the status of current international extradition law, focusing on modern extradition policy. In particular, this part details the respective extradition treaties of Colombia and the Dominican Republic with the United States. Part I also explores the roles that these two nations assume trafficking drugs into the United States and highlights the corresponding U.S. anti-drug enforcement response. Finally, Part I examines the challenges that drug trafficking and certain anti-drug …
Know Your Customer Regulations And The International Banking System: Towards A General Self-Regulatory Regime, Daniel Mulligan
Know Your Customer Regulations And The International Banking System: Towards A General Self-Regulatory Regime, Daniel Mulligan
Fordham International Law Journal
This Comment discusses the implementation of “Know Your Customer” (KYC) regulation and its effect on the international banking system. Part I of this Comment explains general legal concepts and trends in international money laundering including background of the drug trade, money laundering process and techniques, and U.S. and international regulatory efforts to combat the money laundering problem. Part II examines the history and the purpose of KYC principles and the proposed regulations. Part III maintains that the rejection of the proposed regulations is appropriate. This Comment concludes that the U.S. government should permit U.S. banks to self-regulate and that a …
Twenty Years Of The Fordham International Law Journal, Joseph C. Sweeney
Twenty Years Of The Fordham International Law Journal, Joseph C. Sweeney
Fordham International Law Journal
This Introduction discusses the twenty year history of the Fordham International Law Journal.
The Role Of Law In Business Development, Ibrahim F.I. Shihata
The Role Of Law In Business Development, Ibrahim F.I. Shihata
Fordham International Law Journal
Part I of this Essay concerns the law of developing nations as it effects business growth. Part II describes the legal framework needed in developing nations. Part III talks about the legislative policies that should be adopted. Part IV is about the role of the World Bank in developing nations.
Heirs Without Assets And Assets Withouth Heirs: Recovering And Reclaiming Dormant Swiss Bank Accounts, Jodi Berlin Ganz
Heirs Without Assets And Assets Withouth Heirs: Recovering And Reclaiming Dormant Swiss Bank Accounts, Jodi Berlin Ganz
Fordham International Law Journal
This Note examines historical and current attempts to settle claims on dormant Swiss bank accounts and proposes a mechanism designed to resolve the dispute. Part I provides background information on the claims, including the relevant Swiss law, obstacles encountered by earlier claimants, and the Swiss Government's early resolution attempts. Part I also outlines frameworks of international arbitral and adjudicatory forums employed to resolve international disputes. Part II discusses the attempts of the Swiss banks, Swiss Government, U.S. Congress, private individuals, and independent organizations to resolve claims to dormant Swiss bank accounts. Part III argues that the current mechanisms are inappropriate …
Dean's Report: Fordham University School Of Law 1994-1995, John D. Feerick
Dean's Report: Fordham University School Of Law 1994-1995, John D. Feerick
Papers of the Dean
No abstract provided.
Dispute And Conflict Resolution In U.S.-Eu Economic Relations: The Antidote Of Regulatory Cooperation, John R. Mcintyre
Dispute And Conflict Resolution In U.S.-Eu Economic Relations: The Antidote Of Regulatory Cooperation, John R. Mcintyre
Fordham International Law Journal
No abstract provided.
Enforcement Of Intellectual Property Protection Between Mexico And The United States: A Precursor Of Criminal Enforcement For Western Hemispheric Integration?, Bruce Zagaris, Alvaro J. Aguilar
Enforcement Of Intellectual Property Protection Between Mexico And The United States: A Precursor Of Criminal Enforcement For Western Hemispheric Integration?, Bruce Zagaris, Alvaro J. Aguilar
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Paul O'Mahony, Crime And Punishment In Ireland, Donal E.J. Mac Namara
Paul O'Mahony, Crime And Punishment In Ireland, Donal E.J. Mac Namara
Fordham International Law Journal
Only within the last decade, however, have courses in comparative justice systems proliferated, usually in schools or departments of criminology, criminal justice, police and/or corrections administration, and more frequently in graduate than undergraduate programs. Several factors contribute to the lack of interest in comparative criminology. First, the United States has had a long history of isolationism. A second area of difficulty arises from the paucity of readily available source materials available to professors and students. English on the criminal justice systems of non-English speaking nations are much more limited and of widely varying quality. Courses on comparative criminal justice, offered …
Wanted: Criminal Justice -Colombia's Adoption Of A Prosecutorial System Of Criminal Procedure, Michael R. Pahl
Wanted: Criminal Justice -Colombia's Adoption Of A Prosecutorial System Of Criminal Procedure, Michael R. Pahl
Fordham International Law Journal
This Article explores the fundamental historical change in Colombia's criminal procedure. Part I of this Article will present a brief history of the inquisitorial system of criminal procedure, laying the foundation for an understanding the unique Columbian development of criminal procedure. A description of Colombia's inquisitorial system follows, focusing especially on structural barriers in the previous inquisitorial system that hampered effective law enforcement. Part II discusses the failure of the inquisitorial system. A description of the prosecutorial system adopted in November 1991 is then presented in Part III.