Law Commons^™

The International Review | 2007 Fall, Michael Rhee

The International Review Newsletter

The U.S. Supreme Court and Global Warming: National and International Implications

Hedge funds: In need of international regulation?

Universal jurisdiction: Prosecuting any crimes committed anywhere?

Is the WTO Providing More Access to Essential Medicines?

KORUS: A trade agreement binding the United States and Korea?

The Outsourcing of Torture: “Extraordinary rendition” still shrouded in secrecy

“Enforced disappearances” convention: A casualty of the war on terror?

A better definition for “crime of aggression”?

Food safety: Weaknesses abroad and at home

The world’s first publicly-held law firm: Opportunities and dilemmas

Ethiopia v. Starbucks: A brewing trademark dispute?

Hitting the pocketbooks of human rights …

A Dream Deferred, Lewis M. Steel '63

Articles and Writings

No abstract provided.

Letter To Clerk Of Court Re: Walter Roache & Peter Malley, Roger J. Miner '56

Correspondence

No abstract provided.

Evolution And The Holy Ghost Of Scopes: Can Science Lose The Next Round?, Stephen A. Newman

Articles & Chapters

No abstract provided.

The International Review | 2007 Spring, Michael Rhee

The International Review Newsletter

A New System of Law and Order in the “War on Terror”

Will the new national space policy lead to weapons in space?

Judgment at Baghdad: Justice served or a miscarriage of justice?

UN Peacekeeping: Possible adjustments in the face of continuing limitations?

Federal Internet gambling ban: A bluff or ace in the hole?

Cybercrime Convention: A threat to criminals and individual privacy?

International Criminal Court: The First Case

Double jeopardy facing jeopardy in England?

Taxation without representation in the nation’s capital

Global Counter-Terrorism Strategy

Terrorist and legal blacklist?

Is the Human Rights Council breaking with its past?

Does membership …

Letter To Clerk Of Court Re: Walter Roache, Roger J. Miner '56

Correspondence

No abstract provided.

Moving Beyond Strict Scrutiny: The Need For A More Nuanced Standard Of Protection Analysis For K Through 12 Integration Programs, Deborah N. Archer

Articles & Chapters

In Comfort v. Lynn School Committee, the United States Court of Appeals for the First Circuit evaluated a race-conscious student assignment program using the affirmative action strict scrutiny framework of Grutter v. Bollinger. Comfort is part of a trend of applying strict scrutiny to race-conscious integration programs that has gained new momentum following the decision in Grutter. Invited by the Supreme Court's seemingly unequivocal language in Adarand Constructors v. Pena, that "all racial classifications, imposed by whatever federal, state, or local governmental actor, must be analyzed by a reviewing court under strict scrutiny," federal district and appellate courts confronted with …

Ibeto Petrochemical Industries Ltd V. M/T Beffen, 475 F. 3d 56 - Court Of Appeals, 2nd Circuit 2007, Roger J. Miner '56

Circuit Court Opinions

Plaintiff-Counter-Defendant-Appellant Ibeto Petrochemical Industries Limited ("Ibeto") appeals from an Order entered in the United States District Court for the Southern District of New York (Scheindlin, J.) in an action arising out of the contamination by seawater of a shipment of oil being carried by motor tanker. The Order granted the motions of Defendant-Appellee M/T Beffen, Her Engines, Tackles, Boiler, etc. (in rem) ("the Beffen") and Defendant-Counter-Claimant-Appellee Bryggen Shipping and Trading A/S (in personam) ("Bryggen") (collectively "defendants") to stay this action, to compel arbitration, and to enjoin an action pending in Nigeria. The Order also denied Ibeto's motion for voluntary …

Duty To Fill? Threats To Pharmacists’ Professional And Business Discretion, Erica L. Norey

NYLS Law Review

No abstract provided.

Zaranska V. U.S. Department Of Homeland Security, Bethany L. Ow

NYLS Law Review

No abstract provided.

Two Goals For Executive Compensation Reform, Brett H. Mcdonnell

NYLS Law Review

No abstract provided.

Sarbanes-Oxley: The Delaware Perspective, Chief Justice Myron T. Steele

NYLS Law Review

No abstract provided.

Disney Examined: A Case Study In Corporate Governance And Ceo Succession, Lawrence Lederman

NYLS Law Review

No abstract provided.

Rescuecom Corp. V. Google, Inc., Arielle G. Lenza

NYLS Law Review

No abstract provided.

Charles Reich’S Journey From The Yale Law Journal To The New York Times Bestseller List: The Personal History Of The Greening Of America, Rodger D. Citron

NYLS Law Review

No abstract provided.

Nervine' And Knavery: The Life And Times Of Dr. Miles Medical Company, Rudolph J.R. Peritz

Articles & Chapters

No abstract provided.

Regulation Of Municipal Wi-Fi, Michael Botein

Articles & Chapters

No abstract provided.

The Two Hemispheres Of Legal Education And The Rise And Fall Of Local Law Schools, Randolph N. Jonakait

Articles & Chapters

The recently published Urban Lawyers: The New Social Structure of the Bar by John P. Heinz, Robert L. Nelson, Rebecca L. Sandefur, and Edward O. Laumann documents that the legal profession is largely divided into two hemispheres, where lawyers on one side represent large organization, primarily corporations, and practice in large firms, while on the other side, they represent individuals and small businesses and practice in small firms or as solo practitioners. More and more of the total of legal fees has been going to the big-firm, corporate sector, and the incomes in this sphere have been increasing dramatically. Meanwhile, …

Culture, Power, And Law: Thinking About The Anthropology Of Rights In Thailand In And Era Of Globalization, Frank W. Munger

Articles & Chapters

No abstract provided.

Going Private At The Intersection Of The Market And The Law, Faith Stevelman

Articles & Chapters

Delaware's fiduciary doctrine governing going private transactions by controlling stockholders is presently in disarray. Controllers generally select between single step cash-out mergers and tender offers followed by short-form mergers to do these freezeouts, and they are subject to very different equitable standards depending on the format selected. Further disarray arises because the courts' longstanding commitment to strict scrutiny in freezeouts is in tension with the popular disfavor towards private class-action litigation. This disarray threatens minority investors' interests in freezeouts, and capital market values more broadly. First, the disparities in freezeout doctrine have encouraged controllers to arbitrage the legal standards for …

The Rule Of Law And The Military Commission, Stephen J. Ellmann

Articles & Chapters

This essay examines the underlying foundations of the Supreme Court's decision in Hamdan v. Rumsfeld. After laying out many of the features of the conflicting positions taken by the majority and dissents in the case, the article argues that the majority's judgment was by no means determined by the plain meaning of the statutory provisions at issue, nor even by the Steel Seizure framework of overlapping zones of executive and legislative power. Instead, three factors deserve special emphasis. The first is the Court's effort to protect, and catalyze, Congressional authority. The second is the Court's understanding of its own role …

Wikipedia And The Future Of Legal Education, Beth Simone Noveck

Articles & Chapters

No abstract provided.

Introduction (Symposium: Perspectives On Post-Conflict Constitutionalism), Ruti G. Teitel

Articles & Chapters

No abstract provided.

International Human Rights And Comparative Mental Disability Law: The Universal Factors, Michael L. Perlin

Articles & Chapters

An examination of comparative mental disability law reveals that there are at least five dominant, universal, core factors that must be considered carefully in any evaluation of the key question of whether international human rights standards have been violated. Each of these five factors is a reflection of the shame that the worldwide state of mental disability law brings to all of us who work in this field. Each is tainted by the pervasive corruption of sanism that permeates all of mental disability law. Each reflects a blinding pretextuality that contaminates legal practice in this area.

These are the factors …

The Challenge Of Hedge Fund Regulation, Houman B. Shadab

Articles & Chapters

Currently en vogue concerns about hedge funds are not nearly as substantial as is often claimed. Moreover, the funds themselves are reducing their risks to investors and the broader markets, in accordance with investor demands. As hedge funds benefit the broader market by mitigating price downturns, bearing risks that others will not, making securities more liquid, and ferreting out inefficiencies, policymakers should consider whether stricter regulation of hedge funds could do more harm than good.

"Big Love"'? The Recognition Of Customary Marriages In South Africa, Penelope Andrews

Articles & Chapters

This Comment contextualizes the issue of polygamous marriages within the South African constitutional paradigm, one committed unequivocally to the principle of equality. This Comment analyzes how South African law, European in origin, had to incorporate the laws and institutions of indigenous communities within the national legal framework, as part of the overall transformative legal project underway in the country since 1994. By focusing on the Recognition of Customary Marriages Act, this Comment examines such incorporation, while questioning its effect on the overall project of constitutionalism, human rights, and equality.

Learning To Love After Learning To Harm: Post-Conflict Reconstruction, Gender Equality And Cultural Values, Penelope Andrews

Articles & Chapters

The question that the Jacob Zuma rape trial and its aftermath raised was how a country like South Africa, with such a wonderful Constitution and expansive Bill of Rights, could generate such negative and retrogressive attitudes towards women. In line with this inquiry, this article raises three issues: The first focuses on the legacy of apartheid violence and specifically the cultures of masculinity, the underbelly of apartheid violence. Second, the article explores the findings of the Truth and Reconciliation Commission (TRC), a vital part of the post-apartheid transformation agenda, to examine how the TRC pursued violations of women's human rights. …

Ain't No Goin' Back: Teaching Mental Disability Law Courses Online, Michael L. Perlin

Articles & Chapters

No abstract provided.

Resolving The Intergenerational Conflicts In Real Property Law: Preserving Free Markets And Personal Autonomy For Future Generations, Gerald Korngold

Articles & Chapters

No abstract provided.

A Well-Founded Fear Of Having My Sexual Orientation Asylum Claim Heard In The Wrong Court, Paul O'Dwyer

NYLS Law Review

No abstract provided.