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1998

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Articles 6931 - 6960 of 7679

Full-Text Articles in Law

Aspiring To Pluralism: The Constraints Of Public Broadcasting Values On The De-Regulation Of British Media Ownership, Thomas Gibbons Jan 1998

Aspiring To Pluralism: The Constraints Of Public Broadcasting Values On The De-Regulation Of British Media Ownership, Thomas Gibbons

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The 1996 Federal Anti-Dilution Statute, J. Thomas Mccarthy Jan 1998

The 1996 Federal Anti-Dilution Statute, J. Thomas Mccarthy

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Early Patent Publication: A Boon Or Bane? A Discussion On The Legal And Economic Effects Of Publishing Patent Applications After 18 Months Of Filing, John F. Duffy, Hayden Gregory, Robert Rines, Herbert Wamsley, Douglas Wyatt Jan 1998

Early Patent Publication: A Boon Or Bane? A Discussion On The Legal And Economic Effects Of Publishing Patent Applications After 18 Months Of Filing, John F. Duffy, Hayden Gregory, Robert Rines, Herbert Wamsley, Douglas Wyatt

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Deception In Political Advertising: The Clash Between The First Amendment And Defamation Law, Evan Richman Jan 1998

Deception In Political Advertising: The Clash Between The First Amendment And Defamation Law, Evan Richman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Treatment Alternatives For The Dying Patient: Medical Ethics And The Law, Thomas Wm. Mayo, Robert L. Fine Jan 1998

Treatment Alternatives For The Dying Patient: Medical Ethics And The Law, Thomas Wm. Mayo, Robert L. Fine

Faculty Journal Articles and Book Chapters

No abstract provided.

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Exploring The Complicationist Gambit: An Austrian Approach To The Economic Analysis Of Law, Gregory S. Crespi Jan 1998

Exploring The Complicationist Gambit: An Austrian Approach To The Economic Analysis Of Law, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

No abstract provided.

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Ranking The Environmental Law, Natural Resources Law, Gregory S. Crespi Jan 1998

Ranking The Environmental Law, Natural Resources Law, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

No abstract provided.

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The 1988 U.N. Convention Against Illicit Traffic In Narcotic Drugs And Psychotropic Substances --A Ten Year Perspective: Is International Cooperation Merely Illusory?, Jimmy Gurule Jan 1998

The 1988 U.N. Convention Against Illicit Traffic In Narcotic Drugs And Psychotropic Substances --A Ten Year Perspective: Is International Cooperation Merely Illusory?, Jimmy Gurule

Fordham International Law Journal

On the ten-year anniversary of the adoption of the 1988 U.N. Drug Convention, this Article analyzes whether signatory- parties have complied with the duties and obligations imposed thereunder, and, in particular, whether the Convention has enhanced international cooperation in narcotics enforcement. Part I of this Article examines the legal obligations and duties imposed under the 1988 U.N. Drug Convention, with special emphasis on the provisions aimed at criminalizing money laundering and at forfeiture of illicit drug proceeds and instrumentalities of narcotics trafficking. Additionally, Part I examines the requirement that parties afford one another the "widest measure of mutual legal assistance …

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Waging War Against The World: The Need To Move From War Crimes To Environmental Crimes, Mark A. Drumbl Jan 1998

Waging War Against The World: The Need To Move From War Crimes To Environmental Crimes, Mark A. Drumbl

Fordham International Law Journal

The international community has been more hesitant in accounting for the environmental consequences of war. All that the international community has been able to negotiate is scattered collateral references in a variety of treaties and conventions. One immediate task will be to consolidate these references into a single document or treaty. A more daunting task, of which this easy shall provide a brief overview, is to develop a mechanism to ensure compliance with these standards, to deter deviation therefrom, and to allocate responsibility for wrongdoing. More specifically, this essay considers the ability of the International Criminal Court to perform such …

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Women, War, And Words: The Gender Component In The Permanent International Criminal Court's Definition Of Crimes Against Humanity, Brook Sari Moshan Jan 1998

Women, War, And Words: The Gender Component In The Permanent International Criminal Court's Definition Of Crimes Against Humanity, Brook Sari Moshan

Fordham International Law Journal

This Comment addresses the intersection of gender issues and human rights law as illustrated by the formation of the permanent ICC. Specifically, it argues that the inclusion of gender- motivated crimes in the ICC's definition of crimes against humanity was necessary to emphasize women's wartime experiences and injuries, but that such inclusion is not enough to ensure gender justice as the ICC begins to prosecute war crimes and crimes against humanity. Part I of this Comment discusses the concept of gender-based crimes and illustrates these crimes through recent examples of gender-based violence. It also reviews the history of the ICC, …

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Master Of Puppets: How Japan's Ministry Of Finance Orchestrates Its Own Reformation, Gregory D. Ruback Jan 1998

Master Of Puppets: How Japan's Ministry Of Finance Orchestrates Its Own Reformation, Gregory D. Ruback

Fordham International Law Journal

This Comment analyzes Japan's effort to create a competitive securities market that is free, transparent, and reliable. Part I describes Japan's regulatory environment, emphasizing the power and authority of the Ministry and its influence within the Japanese government and over the securities industry. Part II details elements of the Big Bang reforms and describes the current political situation that will influence the effectiveness of the reforms. Part III addresses the probable effectiveness of the reforms in the context of Japan's regulatory structure, past scandals and reforms, and current political environment. Finally, this Comment argues that the Ministry has the ability …

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1948-1998 : The Universal Declaration Of Human Rights And The Statute Of The International Criminal Court, Adriaan Bos Jan 1998

1948-1998 : The Universal Declaration Of Human Rights And The Statute Of The International Criminal Court, Adriaan Bos

Fordham International Law Journal

I am pleased to comply with the request of the Editorial Board of the Fordham International Law Journal to introduce the readers to Book II of Volume 22, devoted to international human rights. This year we celebrate two important events: the adoption in Rome of the Statute of the International Criminal Court ("Rome Statute"), and the Fiftieth Anniversary of the Universal Declaration of Human Rights ("Universal Declaration"). Both events are very closely linked to one other. The adoption of the Rome Statute can be considered an implementation of part of the Universal Declaration. Many articles of the Rome Statute can …

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A Prospective Enlargement Of The Roles Of The Bretton Woods Financial Institutions In International Peace Operations, John D. Ciorciari Jan 1998

A Prospective Enlargement Of The Roles Of The Bretton Woods Financial Institutions In International Peace Operations, John D. Ciorciari

Fordham International Law Journal

This Article reviews the principal means of IFI peace-building and offers several proposals to enhance the effectiveness of those means. Focusing primarily on the World Bank Group and the IMF, this Article posits that profound changes are necessary if the Bretton Woods institutions are to realize their potential as leaders in the international peace process. Part I of this Article provides a brief historical account of the Bretton Woods institutions and discusses relevant provisions in their charters, elucidating the factors that have traditionally prevented IFI participation in peace operations. Part II describes and reviews IFI post-conflict reconstruction programs in the …

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Defining Crimes Against Humanity In The Rome Statute Of The International Criminal Court, Phylilis Hwang Jan 1998

Defining Crimes Against Humanity In The Rome Statute Of The International Criminal Court, Phylilis Hwang

Fordham International Law Journal

In Part I, this Article surveys the evolution of crimes against humanity. This part reviews interpretations of crimes against humanity by post-World War II tribunals, national courts, and the International Law Commission ("ILC"). Part II examines the formulation of crimes against humanity in the statutes that established the International Criminal Tribunals for the former Yugoslavia ("ICTY") and the International Criminal Tribunal for Rwanda ("ICTR"). It also looks at how the reports issued in connection with the ICTY statute and the case law from the ICTY dealt with crimes against humanity. Part III draws some preliminary conclusions regarding the status of …

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Smoke Across The Waters: Tobacco Production And Exportation As International Humans Rights Violations, Lucien J. Dhooge Jan 1998

Smoke Across The Waters: Tobacco Production And Exportation As International Humans Rights Violations, Lucien J. Dhooge

Fordham International Law Journal

This Article examines the operation of the tobacco industry in the United States. Part I examines the organization of the industry, the health consequences resulting from the industry's domestic operations and receipt of governmental financial support, and the restraints upon these operations. Part II examines the role of the U.S. tobacco industry in the international marketplace, with emphasis on its operations in its largest points of sale in Europe, the Pacific Rim, the Middle East, and Latin America. Finally, Part III analyzes the activities of the U.S. tobacco industry and the U.S. government in light of the obligations of the …

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Negotiation And The Dispute Resolution In The Sri Lankan Context: Lessons From The 1994-1995 Peace Talks, David M. Rothenberg Jan 1998

Negotiation And The Dispute Resolution In The Sri Lankan Context: Lessons From The 1994-1995 Peace Talks, David M. Rothenberg

Fordham International Law Journal

This Article consists of four parts. Part I sketches the historical background of the Sri Lankan ethnic conflict and the process of easing ethnic tensions. This overview seeks to introduce the reader to the principal parties, issues, and developments in the dispute resolution process, as well as to elicit historical trends that inform current efforts to achieve peace. Part II systematically presents, through published reports, letters, and joint statements of the parties, and through interviews with negotiators and officials from both the government and the LTTE, the events and the process of the 1994-95 peace talks. Part II aims to …

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Human Rights And Economic Sanctions: The New Imperialism, Christopher Wall Jan 1998

Human Rights And Economic Sanctions: The New Imperialism, Christopher Wall

Fordham International Law Journal

The point of this Essay is to examine the role of economic sanctions, particularly those taken unilaterally by the United States, in influencing the development of human rights policies worldwide. In some cases those unilateral sanctions are imposed without considering cultural differences behind the human rights themselves. In other instances, the United States fails to consider the effectiveness of those sanctions. In still other situations, the United States fails to realize important self-determination issues or the idea of participating in the broader international community. In all cases, the United States, in its role as international arbiter of human rights, needs …

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Trademark Law And Parallel Imports In A Globalized World--Recent Developments In Europe With Special Regard To The Legal Situation In The United States, Carl Baudenbacher Jan 1998

Trademark Law And Parallel Imports In A Globalized World--Recent Developments In Europe With Special Regard To The Legal Situation In The United States, Carl Baudenbacher

Fordham International Law Journal

This Article discusses the historic course of recent events insofar as it first describes the Maglite decision of the European Free Trade Association Court. Second, it summarizes the opinion of the Advocate General and the judgment of the Court of Justice of the European Com- munities in the Silhouette case. Part III focuses on the development of the law in the European Union ("EU") and European Economic Area ("EEA") Member States, as well as in the EU and in the EEA before Silhouette and Maglite. In Part IV, comments are made with regard to the reasons given in Maglite …

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European Community Tax Law And Its Development In Light Of The Recent Case Law Of The European Court Of Justice, Siegbert Alber Jan 1998

European Community Tax Law And Its Development In Light Of The Recent Case Law Of The European Court Of Justice, Siegbert Alber

Fordham International Law Journal

Part I of this Essay addresses the Community's impact on national taxation in general. Part II examines Article 95 of the EC Treaty concerning the prohibition on discriminatory internal taxation. The aim is to show, based on a brief summary of the relevant legislation, to what extent the Court has developed its case law in specific areas of Community tax law. Emphasis will then be placed on the structure and various legal aspects of Article 95, which, although a rather complex provision, often tends to be neglected in favour of the harmonized taxes as well as the recent developments in …

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Local Administration And The Binding Nature Of Community Directives: A Lesser Known Side Of European Legal Integration, Kurt Riechenberg Jan 1998

Local Administration And The Binding Nature Of Community Directives: A Lesser Known Side Of European Legal Integration, Kurt Riechenberg

Fordham International Law Journal

This article will deal with specific aspects of the divided-power system of the European Union and provide a legal analysis concerning federalism issues in the European Union raised before the Court of Justice that are similar to those in the United States. First, the article will reference recent U.S. case law on federalism. The bulk of the Article will concentrate on the question of whether and to what extent European Community ("EC") directives, as legislative instruments, are capable of mandating specific courses of action to be pursued on the local or regional level in Member States. Next, the article will …

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The Euro--Ready Or Not: Trading Implications Of The New Common Currency, Kathy Jones, Alan N. Rechtschaffen Jan 1998

The Euro--Ready Or Not: Trading Implications Of The New Common Currency, Kathy Jones, Alan N. Rechtschaffen

Fordham International Law Journal

This Essay outlines the specific events leading to the common currency as well as the implications for trading foreign exchange, short-term interest rate futures, and fixed-income securities and futures. It describes the mechanics of the newly formed European Central Bank (“ECB”) and outlines the potential effects on monetary policy and economics in individual countries.

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International Order, Political Community, And The Search For A Eurpoean Public Philosophy, Ian Ward Jan 1998

International Order, Political Community, And The Search For A Eurpoean Public Philosophy, Ian Ward

Fordham International Law Journal

The shaping of international order, and the place of concepts such as law and community within that order, has emerged as one of the most pressing issues in contemporary legal and political thought. This Essay examines three recent theses, each of which attempts to locate a public philosophy appropriate to the emerging new world order. Part I of this Essay takes a look at these theses: the orthodox Kantian theory of international relations, as recently articulated by Fernando Teson in A Philosophy of International Law, the liberal communitarian theory, which has been eloquently restated by Martha Nussbaum in Cultivating Humanity: …

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Regulation Of The Turkish Straits: Unclos As An Alternative To The Treaty Of Montreux And The 1994 Maritime Traffic Regulations For The Turkish Straits And Marmara Region, Serge V. Pavlyuk Jan 1998

Regulation Of The Turkish Straits: Unclos As An Alternative To The Treaty Of Montreux And The 1994 Maritime Traffic Regulations For The Turkish Straits And Marmara Region, Serge V. Pavlyuk

Fordham International Law Journal

This Note discusses the need for a modern international legal regime that would address navigational and environmental safety in the Turkish Straits in a manner consistent with customary international law of the transit passage through the straits used for international navigation. Part I provides an overview of the recent history of the Turkish Straits and the legal regimes regulating navigation in the Turkish Straits and other straits used for international navigation. Part II explores the positions and arguments of the parties involved in the dispute over the legality of the 1994 Turkish Regulations. Part III proposes that the circumstances surrounding …

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U.S.-Mexican Extradition Policy: Were The Predictions Right About Alvarez?, Argiro Kosmetatos Jan 1998

U.S.-Mexican Extradition Policy: Were The Predictions Right About Alvarez?, Argiro Kosmetatos

Fordham International Law Journal

This Comment analyzes the effect of such predictions on current U.S.-Mexican extradition policy. Part I examines the events leading up to the Court's controversial ruling in Alvarez in the context of established principles and legal precedent on extradition and foreign abductions. Part II describes how controversial the Court's decision was on a domestic and global scale. Specifically, Part II explores opposition from the international community, including responses from the Mexican government and other Latin American countries. Part II also examines domestic reactions to the decision among commentators and scholars, executive leaders, federal courts, and members of the U.S. Congress ("Congress"). …

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Toward Peace In Northern Ireland, George J. Mitchell Jan 1998

Toward Peace In Northern Ireland, George J. Mitchell

Fordham International Law Journal

That is one side of the coin of liberty. When we adjourned for the Christmas holiday the prospects were bleak. It was in mid-February 1998, on the flight from Dublin back to the United States, that I began to devise a plan to establish an early deadline for an end to the talks. He stayed up all night at the White House, telephoning several of the delegates at critical times in the final hours of negotiation. Most importantly for its survival, the agreement was overwhelmingly endorsed by the people of Ireland, North and South, in a free and democratic election. …

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The Belfast Agreement, David Trimble Jan 1998

The Belfast Agreement, David Trimble

Fordham International Law Journal

Jim Molyneaux and Ian Paisley, the then unionist leadership, began this process in 1987 when they gave alternative proposals to Tom King, the then Secretary of State for Northern Ireland. The Brooke talks ended in apparent failure in November 1992, but from a unionist perspective, in fact made significant progress. There was a period in 1993 when it appeared that the British government was receptive to unionist urging to implement the "strand one committee report." Despite these doubts, we in the Ulster Unionist Party remained in the talks when Sinn Fein, the political wing of the IRA, was admitted in …

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The Good Friday Agreement: An Overview, Bertie Ahern Jan 1998

The Good Friday Agreement: An Overview, Bertie Ahern

Fordham International Law Journal

On 22 May, it received the overwhelming endorsement of the people of Ireland in referendums, North and South. For the first time, a precise mechanism has been defined - and accepted by the British Government - by which a united Ireland can be put in place, by the consent of Irish people and that alone. This involves setting up a new North-South Ministerial Council to develop consultation, co-operation and action within the island of Ireland on matters of mutual interest and establishing, as a start, at least six implementation bodies operating on a cross-border or all-island basis. The people, North …

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Why Decommissioning Is A Real Issue, John Bruton Jan 1998

Why Decommissioning Is A Real Issue, John Bruton

Fordham International Law Journal

The Nationalist minority in Northern Ireland is protected by the Agreement. One of the principles to which both Sinn Fein and the Progressive Unionist Party agreed in 1997 was that they gave their "total and absolute commitment to the total disarmament of all paramilitary organisations." It is important for a U.S. audience to understand that those of us in Ireland who are concerned to maintain certain basic norms of representative democracy have good reasons to insist on the principle of the decommissioning of paramilitary weapons, regardless of who the weapons are held by, or for what motive. But if one …

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An Irish View Of The Northern Ireland Peace Agreement: The Interaction Of Law And Politics, David Byrne Jan 1998

An Irish View Of The Northern Ireland Peace Agreement: The Interaction Of Law And Politics, David Byrne

Fordham International Law Journal

They include the treatment of the issues of self-determination, consent, and the status of Northern Ireland in the Irish Constitution and in British constitutional legislation; the establishment of new democratic institutions in Northern Ireland on a partnership basis; the creation of formal new links between the two jurisdictions in Ireland through a North/South Ministerial Council and a number of related bodies exercising executive functions; and the development of wider connections within Britain and Ireland through a British-Irish Council involving the two governments and devolved institutions in Scotland, Wales, and Northern Ireland, as well as a continuing British-Irish Intergovernmental Conference. There …

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Beyond The "Band-Aid" Approach: An Alliance Party Perspective Upon The Belfast Agreement, Stephen Farry, Sean Neeson Jan 1998

Beyond The "Band-Aid" Approach: An Alliance Party Perspective Upon The Belfast Agreement, Stephen Farry, Sean Neeson

Fordham International Law Journal

In the absence of a ready-made solution that could be adopted by the people of Northern Ireland, or a magical formula from the British and Irish Governments, the only alternative lay in locally-mandated political parties negotiating a political agreement. This alternative in turn entailed a common recognition that the zero-sum politics of "winner takes all" ultimately leaves everyone a loser. An accommodation, while requiring each party to sacrifice some of its aspirations, stood to benefit Northern Ireland society as a whole.

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