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Articles 1 - 30 of 51
Full-Text Articles in Law
Antitrust Federalism In The United States And Decentralization Of Competition Law Enforcement In The European Union: A Comparison, Barry E. Hawk, Laraine L. Laudati
Antitrust Federalism In The United States And Decentralization Of Competition Law Enforcement In The European Union: A Comparison, Barry E. Hawk, Laraine L. Laudati
Fordham International Law Journal
This Article will discuss the historical context in which the competition law enforcement structures of the European Union and United States were created, describe the dual enforcement structures, and explain current efforts to coordinate the two levels of enforcement. It will conclude with observations about the nature of dual enforcement under the two systems. More specifically, it will argue that the European Union should create an enforcement system, which might allow more collaboration and cooperation between the Commission and the European Union Member States.
Nuclear Weapons And The Laws Of War: Does Customary International Law Prohibit The Use Of Nuclear Weapons In All Circumstances?, Jill M. Sheldon
Nuclear Weapons And The Laws Of War: Does Customary International Law Prohibit The Use Of Nuclear Weapons In All Circumstances?, Jill M. Sheldon
Fordham International Law Journal
This Note argues that customary international law does not prohibit the use of nuclear weapons in self-defense. Part I describes the characteristics of nuclear weapons, including their destructive capabilities and health effects. Part I also discusses the development of the laws of war and the process by which a generally accepted principle or practice ascends to customary international law. Further, Part I presents existing treaties concerning non-proliferation and other nuclear weapons-related issues. Part II examines the application of the laws of war to nuclear weapons use and the resulting conflict over the legality of the use of nuclear weapons. Part …
Margins Of The Mob: A Comparison Of Reves V. Ernst & Young With Criminal Association Laws In Italy And France, Alexander D. Tripp
Margins Of The Mob: A Comparison Of Reves V. Ernst & Young With Criminal Association Laws In Italy And France, Alexander D. Tripp
Fordham International Law Journal
Part I of this Comment discusses the background of Racketeer Influenced and Corrupt Organizations Act (RICO) by examining the history of common law conspiracy, the legislative background of RICO, and the evolution of the RICO enterprise through court decisions. Part I also examines laws in Italy and France prohibiting criminal associations. Part II analyzes Reves v. Ernst & Young and its test for determining participation in a RICO association-in-fact enterprise. Part III argues that the legislative history of RICO, the role RICO plays in federal criminal law, and the functional similarity of criminal association laws abroad demonstrate that peripheral associates …
Czech Constitutional Democracy: Focus On The Czech Dual Executive Power And The Future Senate, Jack Van Doren, Thomas Magstadt
Czech Constitutional Democracy: Focus On The Czech Dual Executive Power And The Future Senate, Jack Van Doren, Thomas Magstadt
Fordham International Law Journal
The main focus of this Essay is the potential dynamic tension in the Czech dual executive power. The Czech presidency, presently occupied by the former dissident Vaclav Havel, is commonly perceived in the Czech Republic as a weak presidency. If it is true that President Havel's office can justifiably be described as weak, is this due to Constitutional restraints on the presidency, or is it a function of the personality of the current occupant of the presidency? This Essay also discusses the implications of the November 15-16, 1996 Senate elections on the Czech democracy.
A Community Of Law: Legal Cohesion In The European Union, Manfred Zuleeg
A Community Of Law: Legal Cohesion In The European Union, Manfred Zuleeg
Fordham International Law Journal
Though not exempt from the impacts of national practice and thinking, the European Community ("EC") is favored by bonds of law stronger than in other international organizations. The European Community constitutes a new legal order of international law for the benefit of which Member States have limited their sovereign rights, albeit within limited fields. The subjects of this new legal order are not only Member States but also their nationals. Independent of the legislation of Member States, Community law, therefore, not only imposes obligations on individuals, but also intended to confer upon them rights which become part of their legal …
Legal Interpretation At The European Court Of Justice, Nial Fennelly
Legal Interpretation At The European Court Of Justice, Nial Fennelly
Fordham International Law Journal
The object of all interpretation lies in the true intention of the lawmakers, whether they be framers of a constitution or a treaty, legislators, or drafters of secondary legislation. Its pursuit at The Court of Justice of the European Communities demands of the common lawyer a readiness to set sail from the secure anchorage and protected haven of “plain words” and to explore the wider seas of purpose and context. This Essay is an attempt to enunciate the essential elements of the Court's approach to legal interpretation, by the only Irish Advocate General to be appointed to that Court to …
The Helms-Burton Blocking Statute Of The European Union, Jürgen Huber Llm
The Helms-Burton Blocking Statute Of The European Union, Jürgen Huber Llm
Fordham International Law Journal
According to European Community ("EC") law, the initiative for legislation lies with the Commission of the European Communities (“Commission”). Therefore, on July 31, 1996, the Commission submitted to the Council of the European Union a “proposal for a Council regulation protecting against the effects of the application of certain legislation of certain third countries, and actions based thereon or resulting therefrom.” After long and intensive discussions by the Committee of Permanent Representatives of the Member States (“COREPER”) and at the ministerial level, which proved to be difficult due to political and legal reasons, the Council, during its October 28, 1996 …
Protecting Human Rights In The European Union: An Argument For Treaty Reform, Tara C. Stever
Protecting Human Rights In The European Union: An Argument For Treaty Reform, Tara C. Stever
Fordham International Law Journal
This Note argues that the European Community ("EC") should amend the European Community Treaty to provide authority for EC accession to the European Court of Human Rights ("ECHR") because the belief in and protection of human rights must be at the core of a thriving constitutional legal system. As the EC continues to grow geographically, its legal competences must also grow to deal with the challenges of building a singular, unified Europe from traditionally autonomous European states and EC institutions. Part I of this Note explains the institutions of the EC, examines the principles and objectives of the ECHR and …
Globalization Of The Equity Markets Foreword, Constantine N. Katsoris
Globalization Of The Equity Markets Foreword, Constantine N. Katsoris
Fordham International Law Journal
As a prelude to the IBA's workshop on world capital markets, a lecture on that same subject was delivered at Fordham University School of Law on January 13, 1997 by Richard A. Grasso. Discussed at that lecture were topics such as what are the world's future capital needs and how they will be met, what will happen to the regulation of financial intermediaries and securities offerings, what changes will there be in the role of securities exchanges, and what roadblocks are posed by existing laws to the globalization of the capital market and what should be done about them.
The New Eu Directive Concerning The Legal Protection Of Databases, Jens L. Gaster
The New Eu Directive Concerning The Legal Protection Of Databases, Jens L. Gaster
Fordham International Law Journal
On September 14, 1995, the Commission accepted the Common Position and transmitted its opinion to the European Parliament. The European Parliament dealt with the Common Position in a second reading which began on September 21, 1995. On December 14, 1995, it adopted a decision approving the Common Position subject to eight minor drafting changes. The Commission's opinion on the European Parliament's amendments and a Commission proposal which had been amended accordingly was presented on January 10, 1996, pursuant to Article 189A(2) of the EC Treaty. This led to an adoption of the Directive by the Council on February 26, 1996 …
An Introduction To The Relationship Between European Community Law And National Law In Ireland, Hugh O'Flaherty
An Introduction To The Relationship Between European Community Law And National Law In Ireland, Hugh O'Flaherty
Fordham International Law Journal
It is possible to isolate three pillars of this emerging legal order which form the basis of any discussion of the relationship between Community law and the laws of individual Member States. These three pillars are the supremacy of Community Law, the effectiveness of Community Law in national courts, and state liability for breach of Community Law.
The European Union's Database Directive: An International Antidote To The Side Effects Of Feist?, Mark Powell
The European Union's Database Directive: An International Antidote To The Side Effects Of Feist?, Mark Powell
Fordham International Law Journal
This Article traces the origins of the Database Directive and asks whether the Directive is a model that should be applied at the international level. Part I examines the background to the Directive. Such an examination is pertinent because the Commission went from a position in 1988 of limiting its proposal to copyright protection, to one of a "copyright plus" approach in 1992. Part II reviews the current forms of protection at the Member State level. Part III examines the case for extended protection, while Part IV analyzes in detail the provisions of the Directive, including those which form the …
Controlling Corruption Through Collective Means: Advocating The Inter-American Convention Against Corruption, Robert H. Sutton
Controlling Corruption Through Collective Means: Advocating The Inter-American Convention Against Corruption, Robert H. Sutton
Fordham International Law Journal
This Note argues that the Convention offers the most effective approach to combating corruption and that all states should sign and ratify it. Part I discusses corruption, explains its history and its harmful effects, and describes international organizations whose purposes and principles are directly opposed to the harm corruption is capable of perpetrating. Part II presents existing approaches to combating corruption. Part III argues that all states should adopt the OAS approach. This Note concludes that states can best combat corruption through the OAS approach because it offers the most comprehensive and, therefore, the most effective of the existing solutions.
The United Nations, The United States, And U.S. Foreign Policy, William B. Richardson
The United Nations, The United States, And U.S. Foreign Policy, William B. Richardson
Fordham International Law Journal
I am doing three things in my mission as Ambassador to the United Nations. First, and here is where I need your help, the United States needs to pay its bills to the United Nations. We owe US$ 1 billion, give a few or so million. Second, together we have to do something positive in the area of U.N. reform - and that is happening. There is no reason why the United Nations cannot run more efficiently with fewer people - more consolidated with respect to general functions. There is no reason why we cannot say that we should ask …
The Republic Of Macedonia: An Atypical Balkan Country, Ljubica Acevska
The Republic Of Macedonia: An Atypical Balkan Country, Ljubica Acevska
Fordham International Law Journal
Geographically and historically, the Republic of Macedonia is part of the Balkans, a region marked by conflict and tension. The centuries that it stood amidst civilizations and empires have enriched this corner of Europe with traditions and cultures. Despite their originality and creativity, however, the nations of the Balkans have never succeeded to stand on their own feet either economically or politically.
U.N. Sanctions In Haiti: A Contradiction Under Articles 41 And 55 Of The U.N. Charter, Felicia Swindells
U.N. Sanctions In Haiti: A Contradiction Under Articles 41 And 55 Of The U.N. Charter, Felicia Swindells
Fordham International Law Journal
This Note analyzes the United Nations' use of sanctions in Haiti to draw lessons for the future use of sanctions and argues that there is an inherent tension in the Charter between measures called for under Article 41 and the United Nations' obligations under Article 55. Part I of this Note presents the background and the legal bases for U.N. sanctions. Part I also discusses the adoption of measures to solve Haiti's crisis outside of and within the Chapter VII framework of the U.N. Charter. Part II examines the debate surrounding the use of sanctions to solve Haiti's crisis. Part …
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.
"Television Without Frontiers": The Continuing Tension Between Liberal Free Trade And European Cultural Integrity, John David Donaldson
"Television Without Frontiers": The Continuing Tension Between Liberal Free Trade And European Cultural Integrity, John David Donaldson
Fordham International Law Journal
This Article discusses the Directive and the dispute between the United States and the Community with respect to the effect of the Directive on the free trade of television programming.
Patent Infringement And Forum Shopping In The European Union, David Perkins, Garry Mills
Patent Infringement And Forum Shopping In The European Union, David Perkins, Garry Mills
Fordham International Law Journal
This Article first considers the extent to which a patentee is entitled, under the various Conventions governing jurisdiction and enforcement, to which all EU Member States are signatories, to choose the forum in which to sue for infringement. This Article then considers the factors which a patentee is likely to look for when choosing the forum in which to bring proceedings for infringement. It concludes by considering the extent to which, bearing these factors in mind, various jurisdictions within the European Union offer advantages to potential plaintiffs in infringement actions over other jurisdictions. A comprehensive comparison of all jurisdictions in …
Intellectual Property And Intra-Community Trade, Andreas Reindl
Intellectual Property And Intra-Community Trade, Andreas Reindl
Fordham International Law Journal
This Article will use recently decided intellectual property cases and other recent developments in European Community competition law to critically discuss the European Community's traditional and strict pro-free trade approach in intellectual property cases. It will focus in particular on issues relating to the territorial nature of intellectual property rights. Part I of this Article examines the Court's free trade approach in free movement cases involving patent rights. Part II explores patent rights in the context of technology Licensing Agreements, in particular in light of recent antitrust developments concerning vertical restraints. Part III discusses trademark issues. It first considers free …
Shielding Internet Users From Undesirable Content: The Advantages Of A Pics Based Rating System, Ari Staiman
Shielding Internet Users From Undesirable Content: The Advantages Of A Pics Based Rating System, Ari Staiman
Fordham International Law Journal
This Note argues that the European Union should adopt the Commission recommended a Platform for Internet Content Selection ("PICS") based rating system because the PICS based rating system is the most technically and legally effective method for combating undesirable content on the Internet and because it furthers freedom of expression as well as the European Union common market's four freedoms. Only a coordinated worldwide system, furthermore, will enable the European Union and governments throughout the world to effectively shield citizens from undesirable content, regardless of how a particular government may define the term undesirable. This Note, therefore, argues that governments …
Rules, Risks, And Rifts In The Transition To Democracy In Haiti, Georges Anglade
Rules, Risks, And Rifts In The Transition To Democracy In Haiti, Georges Anglade
Fordham International Law Journal
As the title of this introduction implies, there are few traces of hope and optimism to be found in Haiti's current situation. If the unavoidable problems of rural communities in a nation of peasants such as Haiti are left unaddressed, and if the nation continues to rely on the standards of the old police state as a model for the new national police, Haiti's transition toward democracy will be off to a bad start. There must be the immediate desire to straighten out this tangled web if Haiti is not to miss this window of opportunity. This Article analyzes this …
International Human Rights: Islam's Friend Or Foe? Algeria As An Example Of The Compatibility Of International Human Rights Regarding Women's Equality And Islamic Law, Joelle Entelis
Fordham International Law Journal
Part I of this Note briefly discusses the development of International Human Rights Law as embodied in international covenants today. Part I also discusses Islamic law, the traditional role of women under Islamic law and culture, Algeria's Constitution and Family Code, and other dynamics specific to Algeria that have hindered women's obtainment of equal rights in the modern era. Part II presents the debate between conservative Islamists who argue that international principles of human rights law are incompatible with Islamic law and the scholars who assert that the two are compatible. Part III, by focusing on fundamental principles underlying the …
The Ethos Of The International Court Of Justice Is Dependent Upon The Statutory Authority Attributed To Its Rhetoric: A Metadiscourse, H. Vern Clemons
The Ethos Of The International Court Of Justice Is Dependent Upon The Statutory Authority Attributed To Its Rhetoric: A Metadiscourse, H. Vern Clemons
Fordham International Law Journal
This Comment argues that the Court's practice of unofficially applying precedent, contrary to actual statutory authority, negatively impacts the Court's authority. Specifically, the absence of an official doctrine of stare decisis diminishes the Court's ethos and the rhetorical clout imputed to the Court's decisions. 28 Part I discusses the Court's character in providing states with a consistent, statutorily authorized rhetoric to refer to in their compromissory interactions, the Court's acknowledgment of the written rules, and its subsequent use of precedent. Part I also examines the past under-utilization of the ICJ to settle treaty disputes, and the recent increasing trend in …
Customary International Law Acts As Federal Common Law In U.S. Courts, F. Giba-Matthews
Customary International Law Acts As Federal Common Law In U.S. Courts, F. Giba-Matthews
Fordham International Law Journal
This Note discusses how international common law should act as federal common law in U.S. courts. This Note also explores the constitutional challenges involved in incorporating customary international law into U.S. federal common law. Such challenges revolve around the institutions of representative democracy, federal jurisdiction, and the doctrine of separation of powers. Part I of this Note discusses federal common law and customary international law. Part II of this Note presents the negative and positive effects of incorporating customary international law into federal common law. This Note concludes that to preserve national honor among the community of nations, and to …
Anglo-American Jurisprudence And Latin America, John Linarelli
Anglo-American Jurisprudence And Latin America, John Linarelli
Fordham International Law Journal
This Article attempts to describe certain characteristics of Latin American legal culture that have jurisprudential implications and to inquire into certain themes of jurisprudence in the context of these cultural characteristics. A syncretic approach to jurisprudence may allow Latin American countries to formulate ideas about, and potential solutions to, widely recognized fundamental problems in their legal systems. Section I of this Article examines four conflicts between law and society in Latin America: 1) the conflict between the customary law of the informal sector and formal law, 2) the conflict between the bureaucratic ideal of the civil law judge and the …
Democracy And Corruption, Philip B. Heymann
Democracy And Corruption, Philip B. Heymann
Fordham International Law Journal
I was asked to speak about corruption and democracy. I have a long history of concern about that relationship. The subject of corruption and democracy is best broken into three separate areas. First, there are questions of corruption that have no special relationship to democracy at all. Still, they present very important practical and moral issues which I will identify. Second, I will examine the particular relationships of corruption and democracy. Third, I will review the democratic means for fighting the problem of corruption.
Permitted Unless Prohibited: The Changed Soviet Mentality, Jenik Radon
Permitted Unless Prohibited: The Changed Soviet Mentality, Jenik Radon
Fordham International Law Journal
Even more basic than the presence of an abundance of experts and specialists, however, is the need for an amorphous intangible, the will to achieve and succeed. The will of a nation, an admittedly nebulous and vague idea, ideally is discerned, expressed, and exercised by its leaders in the government and in the legislature. It is up to these leaders to want and then to initiate, adopt, and implement the rule of law, a term which itself embodies many concepts but contains no therapeutic formulas. In this regard, the darling of the International Monetary Fund (“IMF”), the small nation of …
East Germans' Conversion To Democracy, Thomas Lundmark
East Germans' Conversion To Democracy, Thomas Lundmark
Fordham International Law Journal
Most East Germans perceive the new Government as something done to them rather than something done by them or for them. They misperceive that one group of dictators has departed only to be replaced by another. Indeed, in many cases, the old oppressors and rulers are still in positions of power. They will grant that the new group of dictators is more benevolent in most ways, but they insist that the old group had more social conscience. In either event, they feel disenfranchised. These misconceptions are not appreciated by those who can have a hand in confronting and dispelling them: …
Rescuing History: Legal And Theological Reflections On The Task Of Making Former Torturers Accountable, Terence S. Coonan
Rescuing History: Legal And Theological Reflections On The Task Of Making Former Torturers Accountable, Terence S. Coonan
Fordham International Law Journal
This Article examines four such strategies, those employed by Argentina, Brazil, Uruguay, and Chile. Part I of this Article examines the experience of military dictatorship in each of these countries and the respective efforts each country has made to bring torturers to accountability. Part II offers a comparison of such strategies and the judicial philosophies that informed them. Finally, Part III, explores a distinctly Catholic perspective from which such strategies might be assessed, the fundamental notion of sacramentality, and implications for such an assessment.