Law Commons^™

The Restatement Of The Law Governing Lawyers: A View From The Trenches, Lawrence J. Latto

Hofstra Law Review

No abstract provided.

Separatism And The Democratic Entitlement In International Law, Mortimer N.S. Sellers

All Faculty Scholarship

No abstract provided.

Indian Reserved Water Rights In The Dual System State Of Oklahoma, Taiawagi Helton

Faculty Articles

No abstract provided.

Economic And Monetary Union In Europe: Legal Implications Of The Arrival Of The Single Currency, Werner Van Lembergen, Margaret G. Wachenfeld

Fordham International Law Journal

Part I of this Article presents an overview of EMU, addressing first the Member States that will participate in EMU from the outset and how they were chosen, as well as the new institutions that will guide and support EMU. This Article will then focus on the EU regulations that provide the legal framework for EMU, analyzing issues in the regulations of particular legal interest. This structural discussion will also describe what Participating Members States must achieve to ensure that EMU stays on track and how EU institutions will supervise their performance. Part I closes with a brief look at …

You Cannot Fight What You Cannot See: Securities Regulation On The Internet, David M. Cielusniak

Fordham International Law Journal

This Note suggests that the more effective resolution to regulating securities on the Internet is to look to the global nature of the medium itself and to establish an international body of law that is both uniformly understood and implemented. Part I of this Note provides background to Internet transactions and describes the traditional methods for security regulation and problems of securities fraud on the internet. Part II discusses the approaches that securities regulators are taking regarding securities fraud on the internet. Part III describes the application of conventional methods of securities regulation to Internet transactions and argues that such …

The "Power Of Appraisal" (Pouvoir D'Appreciation) Of The Commission Of The European Communities Vis-À-Vis The Powers Of Judicial Review Of The Communities' Court Of Justice And Court Of First Instance, Virpi Tiili, Jan Vanhamme

Fordham International Law Journal

It is, therefore, clear that the Courts must test the soundness of the Commission's appraisals. This means, however, that judges are obliged to examine the administrative file, thereby inevitably bringing themselves intellectually close to building their own bridge from the facts, via the legal framework of the case, to a legal outcome in casu. In some instances, it may prove almost impossible to disguise the conflict between the Court’s and the Commission's assessments in the judgment, especially if annulment or damages is the outcome of the case. It is in this regard that an appropriate balance must be found between …

Ireland--The Healing Process, John Hume

Fordham International Law Journal

As you are aware, the quarrel on our island has gone on for several centuries. Looking at the example of the conflict in Ireland, there are two mentalities in our quarrel - the Nationalist and the Unionist. The real political challenge to the Unionist mindset occurred when Nationalist Ireland essentially said: "Look, your objective is an honorable objective, the protection and preservation of your identity." Geography, history, and the size of the Unionist tradition guarantee that the problem cannot be solved without them, nor against them. If we can leave aside our quarrel while we work together in our common …

Counteract: Working For Change, Billy Robinson, Stevie Nolan

Fordham International Law Journal

This article discusses Counteract, an anti-intimidation unit, that was formed in 1990 with the sponsorship and support of the Irish Congress of Trade Unions. Their aims are to develop actions, policies, and strategies to alleviate the incidence of sectarianism and intimidation in the workplace and the community. The article discusses how their work affects North Ireland, as it tries to become an increasingly pluralistic society.

The Criminal Cases Review Commission's Effectiveness In Handling Cases From Northern Ireland, Siobhan M. Keegan

Fordham International Law Journal

This Comment considers the Northern Ireland Criminal Cases Review Commission (CCRC), its establishment, and its likely effects on miscarriages of justice. Part I of this Comment considers British and Northern Irish law. Part I also highlights British law leading up to the creation of the CCRC and Northern Irish law in light of its unique elements. Part II explains the establishment of the CCRC, its powers, and structure. Additionally, Part II discusses various commentary on the creation of the CCRC. Part III analyzes the future effectiveness of the CCRC in correcting miscarriages of justice, paying particular attention to the case …

Transfer Of Technology In The Contemporary International Order, Chantal Thomas

Fordham International Law Journal

This Essay begins by describing the technology transfer needs arising from both international economic integration and related international law. The Essay then examines the existing international rules for technology transfer and finds them insufficient to address these needs. The goal of this Essay is to advocate the formulation of a viable international legal framework for technology transfer.

The Nature Of The Agreement, Brendan O'Leary

Fordham International Law Journal

This article contains the Ninth John Whyte Memorial Lecture which discusses the Multi-Party Negotiations, also known as the British-Irish agreement, which aimed to formalize the end of “The Troubles” in Ireland.

How Would You Like Your Television: With Or Without Borders And With Or Without Culture--A New Approach To Media Regulation In The European Union, Kevin M. Mcdonald

Fordham International Law Journal

This Essay analyzes the effectiveness of television broadcasting regulations as a means to effectuate the promotion and protection of a pan-European culture, namely, television broadcasting regulations. First, in Part I, this Essay considers the broader background developments in the audio-visual sector that led to the passing of the Directive. Part II looks at the advantages and disadvantages of the most controversial aspect of the Directive, namely, the quota provisions. Part III critiques the Directive's effectiveness in realizing its dual goals of both protecting and promoting a pan-European culture. Finally, Part IV compares the goals enunciated in the Federal Communications Act …

Prospects For Justice: The Procedural Aspect Of The Right To Life Under The European Convention On Human Rights And Its Applications To Investigations Of Northern Ireland's Bloody Sunday, Kara E. Irwin

Fordham International Law Journal

This Comment examines how the new doctrine of the procedural aspect of Article 2 of the European Convention can provide recourse for the travesty of justice inherent in failed investigations of alleged violations of the right to life, such as the contended failure of the Widgery Tribunal's investigation of Bloody Sunday in Northern Ireland.

Book Review, The Chemical Weapons Taboo, Barry Kellman

College of Law Faculty

No abstract provided.

Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, M. Bassiouni

College of Law Faculty

No abstract provided.

Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, M. Bassiouni

College of Law Faculty

No abstract provided.

"We The People" And Our Enduring Values, Susan Bandes

College of Law Faculty

No abstract provided.

Judicial Influence: A Citation Analysis Of Federal Courts Of Appeals Judges, Michael E. Solimine, William M. Landes, Lawrence Lessig

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

When Is The New York Court Of Appeals Justified In Deviating From Federal Constitutional Interpretation?, Honorable Richard D. Simons

Touro Law Review

No abstract provided.

Arbitration: Time Limits And Continuing Violations, Richard I. Bloch

Michigan Law Review

Time limits in a collective bargaining agreement, particularly as they apply to the grievance procedure, are very important. Filing or processing deadlines are taken as seriously in the context of these private documents and negotiated time limits as they are in the world of standard litigation, with deadlines that are imposed statutorily or otherwise. Management advocates often view the time limitation provisions as virtually the only thing employers gain, as opposed to give, in the bargaining relationship. Deadlines have been strictly, if reluctantly, construed by most arbitrators. The "continuing violation" provides a meaningful exception to the otherwise immutable time bar. …

Productivity Adjustments And Learning-By-Doing As Human Capital, James Bessen

Faculty Scholarship

This paper measures plant-level productivity gains associated with learning curves across the entire manufacturing sector. We measure these gains at plant startups and also after major employment changes. We find: 1) The gains are strongly associated with a variety of human capital measures implying that learning-by-doing is largely a firm-specific human capital investment. 2) This implicit investment is large; many plants invest as much in learning-by-doing as they invest in physical capital and much more than they invest in formal job training. 3) This investment differs persistently over industries and is higher with greater R&D. 4) Consistent with a learning-by-doing …

International Law And International Relations Theory: A New Generation Of Interdisciplinary Scholarship, Anne-Marie Slaughter, Andrew S. Tulumello, Stepan Wood

All Faculty Publications

Nine years ago, Kenneth Abbott published an article exhorting international lawyers to read and master regime theory, arguing that it had multiple uses for the study of international law. 1 He went as far as to call for a "joint discipline" that would bridge the gap between international relations theory (IR) and international law (IL). Several years later, one of us followed suit with an article mapping the history of the two fields and setting forth an agenda forjoint research. 2 Since then, political scientists and international lawyers have been reading and drawing on one another's work with increasing frequency …

Policing For Profit: The Drug War’S Hidden Economic Agenda, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

In the following pages, we first describe in more detail how the Drug War’s financial largess has kept its soldiers in business. We then discuss the destructive impact of this economic regime, marshaling evidence to show that the corruption of law enforcement priorities and wholesale miscarriages of justice can be attributed to the operation of these incentives. Finally, we explore potential legal and legislative remedies through which law enforcement may regain its bearings.

Our investigation focuses on the economic underpinnings of current drug law enforcement policy. Drug policy also raises an extraordinarily broad range of moral, health, and criminological concerns, …

Primum Non Nocere: The Expanding "Honest Services" Mail Fraud Statute And The Physician-Patient Fiduciary Relationship, Gregory D. Jones

Vanderbilt Law Review

In one case, a physician refers a patient to a certain hospital in return for an undisclosed referral fee from the hospital. In another, a physician decides not to refer a patient to a specialist for further examination. The physician, however, does not disclose to the patient that part of the cost of sending the patient to the specialist would come out of the physician's potential earnings. In the previous examples, has the physician breached her fiduciary duty to the patient by not disclosing her own financial interest in the patient's treatment? If so, the physician could be guilty of …

Grounded Applications: Feminism And Law At The Millennium, Katharine B. Silbaugh

Faculty Scholarship

The conference topic is feminism in the twenty-first century, a dialogue between academics and practicing attorneys. The first order of business will be to resist the millennium invitation to come up with evermore novel, overarching formulations of the mission and means of feminism. At the end of the twentieth century we know quite a bit about the problems presented by feminists and the problems within feminism. We have had a long history of insightful intellectual discourse on questions of equality and on the meaning of gender. We also know that it takes time to absorb and apply broad insights in …

Bridging The Gap In Forum Selection: Harmonizing Arbitration And Court Selection, William W. Park

Faculty Scholarship

More than one thoughtful international business manager has been haunted by the fear that foreign judges might not always respect Moses' admonition to impartiality., Concern that the other side will have an unfair advantage in its home court has often driven lawyers to include in international contracts one of two forum selection devices:2 an arbitration agreement entrusting the controversy to a private decision-maker or a courtselection clause granting adjudicatory power to courts at a designated location.3 Both mechanisms can enhance political and procedural neutrality, thereby facilitating business ventures when parties have a mutual mistrust of each other's courts and a …

Title Page

Journal of Dispute Resolution

No abstract provided.

Functus Officio: Does The Doctrine Apply In Labor Arbitration - Teamsters Local 312 V. Matlack, Inc., Amy Markel

Journal of Dispute Resolution

The doctrine of functus officio was developed at common law in response to concerns about the "solemnity of judgments" and the effect of outside influences on arbitrators' decisions.2 Although not strictly applied in arbitration that is conducted pursuant to the Labor Management Relations Act,3 the doctrine of functus officio prevents an arbitrator from vacating, modifying, supplementing, or correcting his award . Most courts recognize three narrow exceptions to the doctrine which allow an arbitrator to revisit his award under limited circumstances. This Note examines the application of the "clarification exception" to the doctrine in a labor dispute setting and outlines …

Table Of Contents - Issue 1

Journal of Dispute Resolution

No abstract provided.

Table Of Contents - Issue 2

Journal of Dispute Resolution

No abstract provided.