Law Commons^™

Rescaling The Human Right To Adquate Housing: Criteria And Condominiums In Addis Ababa, Jesse Mcclelland

Archived Theses and Dissertations

No abstract provided.

Paper Trail: Working Papers And Recent Scholarship, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

Editor’s Note: In this edition we review two papers by leading government economists, past, present, and perhaps future. The first paper, by Dennis Carlton and Ken Heyer, takes a cautious policy approach to single-firm conduct based on theory, empirical evidence, and “considerations of administrability and consistency with general and widely held presumptions” and sets out four “underlying principles” that should govern policy toward single-firm conduct. The second paper, on the role of market concentration in modern economic analysis of horizontal mergers, is by Jonathan Baker, in which he explains how market concentration can sensibly be used for merger analysis. Send …

Retaliatory Measures As Sanctions Under The World Trade Organization, Mohamed Elshahat Adly El-Yamany

Archived Theses and Dissertations

No abstract provided.

Corporate Corruption: Lawyers' Ability To Comply With Professional Responsibility Rules In The Avoidance Of Possible Corporate Corruption, Yasmine M AïDaros

Archived Theses and Dissertations

No abstract provided.

Effect Of The United Nations Convention On The International Sale Of Goods On The Egyptian Commercial Code, Sherif El Farouk Omar El Saadani

Archived Theses and Dissertations

No abstract provided.

The Human Right To Water: A Plea To The United Nations And The Global Community To Enact And Adhere To A Convention On The Human Right To Water, Regina J Elliott

Archived Theses and Dissertations

No abstract provided.

Press Freedom In Egypt, Amira Abdel Fattah Hussein

Archived Theses and Dissertations

In many countries, those who dare to criticize their governments, speak on behalf of a suppressed minority, or call for political or economic reforms are often portrayed as "traitors" trying to disseminate hatred and hostility and disturb national stability. In such cases, states that are often "equipped" with tailor-made national laws, remaining on alert to punish those who are courageous enough to challenge their governments can easily harass those who dare to defy the state's policies, measures or even orientation. As noted by James D. Seymour in his article Indices of Political Imprisonment, imprisonment is one of the most …

Incorporation Of Public Interest In Egyptian Contract Law: A Critical Review Of Sixty Years Of The Sanhury Civil Code, Wael Ibrahim

Archived Theses and Dissertations

No abstract provided.

Criminal Legal Aid Systems: Benefiting From The Burden, Anthony George Leone

Archived Theses and Dissertations

No abstract provided.

Exposing The Protection Gap: Detention As Perpetuating Refoulement In Egypt, Dalia Malek

Archived Theses and Dissertations

No abstract provided.

The United Nations Peacebuilding Commission: Living Up To Its Mandate? A Look Into The Commission's Role In Promoting Transitional Justice, Mohamed Moussa

Archived Theses and Dissertations

No abstract provided.

Liberia's Gemap: A New Wave In Development Intervention?, Edefe Ojomo

Archived Theses and Dissertations

No abstract provided.

Enforcement Of Arbitral Awards In Nigeria: An Appraisal Of Emerging Trends, Foluke Olamiposi Omosuyi

Archived Theses and Dissertations

No abstract provided.

Beacon Of An Illusion : A Critique Of The Mainstream Narrative Of Self-Determination, Mai Amr Taha

Archived Theses and Dissertations

No abstract provided.

Access To Medicines, Brics Alliances, And Collective Action, Peter K. Yu

Faculty Scholarship

Most discussions on the public health implications of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights focus on the right of less developed countries to issue compulsory licenses and the need for these countries to exploit flexibilities within the TRIPs Agreement. However, there are other means by which countries can enhance access to essential medicines. To provide an illustration of these other means, this article explores the possibility for greater collaboration among the BRICS countries (Brazil, Russia, India, China, and South Africa) and between these countries and other less developed countries.

This article begins by offering a brief …

Islamic Law And Women's Rights: Questioning The Validity Of The Reservations Invoking Islamic Law To The Convention On The Elimination Of All Forms Of Discrimination Against Women (Cedaw), Malak Khalil

Archived Theses and Dissertations

This thesis will attempt to demonstrate that the reservations invoking Islamic law to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) are invalid. Reservations to human rights treaties in general are problematic, because these ones not only govern the relationship between States, but they also govern the relationship between the State and its citizens. Thus, finding a balance between state sovereignty, the pillar of international law and the rights of the people remains a challenge in the international arena. Another dimension of the argument is analyzing the validity of claiming Islamic law as a basis …

2008 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Herbert C. Dobrinsky, Vice President for University Affairs, Yeshiva University; Herald

Presiding:

Morton Lowengrub, Provost and Senior Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Richard M. Joel, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Invocation:

Rabbi Ozer Glickman, Adjunct Professor, Benjamin N. Cardozo School of Law

Welcome:

Kathryn O. Greenberg, Chair, Board of Directors, Benjamin N. Cardozo School of Law; Class of 1982

Remarks:

David Rudenstine, Vice President for Legal Education, Yeshiva University; Dean, Benjamin N. Cardozo School of Law

Commencement Address:

Hon. Dennis Jacobs, Chief Judge, US Court …

May 29, 2008: Austin Dacey: The Secular Conscience, Bruce Ledewitz

Hallowed Secularism

Blog post, “Austin Dacey: The Secular Conscience “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Summary Of Duchess Bus. Servs., Inc. V. Nev. St. Bd. Of Pharmacy, 124 Nev. Adv. Op. 32, Danielle Tarmu

Nevada Supreme Court Summaries

Two pharmaceutical wholesalers appeal from the district court’s denial of a petition for judicial review of an order by respondent Nevada State Board of Pharmacy (the Board) revoking the wholesalers’ licenses for violations of Nevada’s statutes and regulations governing the secondary prescription drug market. The wholesalers appeal on multiple grounds, three of which raise issues of first impression: (1) an administrative agency’s discretion concerning joinder in an administrative proceeding; (2) an administrative agency’s discretion with respect to discovery in an administrative proceeding; and (3) whether intent must be proven to render an entity liable for violating NRS § 585.520(1).2

Summary Of Hidalgo V. District Court, 124 Nev. Adv. Op. 33, Barbra E. Zess

Nevada Supreme Court Summaries

Petitioner Luis Hidalgo III, awaiting a capital murder trial, successfully made a petition for a writ of mandamus or prohibition challenging the alleged aggravating circumstances (solicitation to commit murder) as not being “a felony involving the use or threat of violence to the person of another” as required by NRS 200.033(2)(b). Although the court found the other aggravating circumstance, murder to receive money, to be in violation of SCR 250(4)(c) requirements, the court decided to allow the State amend its notice of intent to seek the death penalty to cure the deficiency.

Summary Of Fed. Ins. Co., V. Am. Hardware Mut. Ins. Co., Nev. Adv. Op. No. 31, Emily Reed

Nevada Supreme Court Summaries

The Court answered a certified question under NRAP 5. The question was “whether, under Nevada law, an additional insured endorsement provides coverage for an injury caused by the sole independent negligence of the additional named insured.”2

Summary Of Mayfield V. Koroghli, 124 Nev. Adv. Op. Citation 34, Nevada Law Journal

Nevada Supreme Court Summaries

This case is a consolidated appeal from district court judgments granting specific performance and awarding costs in a real property action.

May 27, 2008: Environmentalism As The New Religion Of Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Environmentalism as the New Religion of Secularism “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The International Security Presence In Kosovo And The Protection Of Human Rights, Federico Sperotto

Human Rights & Human Welfare

On March 11th, 2000, two children who were playing in the neighborhoods of Mitrovica, Kosovo, got hurt by an “unexploded ordnance”. One of them died in the explosion, the other was severely injured. An inquire clarified that the ordnance was a “bomblet”, a part of a cluster bomb dropped during the 1999 NATO air campaign against the Federal Republic of Yugoslavia.

© Federico Sperotto. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or …

Liability For Consumer Information Security Breaches: Deconstructing Ftc Complaints And Settlements, Joel B. Hanson

Washington Journal of Law, Technology & Arts

For several years, hackers taking advantage of security holes in the information system of TJX Companies, Inc. stole sensitive credit and debit card information belonging to at least 45.7 million customers. The TJX breach is one of the largest thefts of consumer information in history and is illustrative of the recent wave of security breaches. Private lawsuits against companies that fail to protect consumer information have typically failed. However, the Federal Trade Commission has taken enforcement action against such companies that fail to implement reasonable security measures to protect customers’ personal information. These complaints have resulted in settlement agreements requiring …

No Harm, No Foul: Limits On Damages Awards For Individuals Subject To A Data Breach, Derek A. Bishop

Washington Journal of Law, Technology & Arts

Recently, TJX, Inc. announced that computer hackers breached several of TJX’s databases containing the driver’s license and credit card numbers of over 47 million customers. Within a month, a class action lawsuit attempting to hold TJX responsible for losing control of this information was filed. In the past, class action lawsuits based on the release of consumer’s personal data have failed because the plaintiffs have not alleged sufficient harms. This article examines legal claims relating to the release of personal data by companies during security breaches. To date, courts have refused to find individuals harmed by the negligent release of …

To Mine Or Not To Mine: Recent Developments In The Legal Ethics Debate Regarding Metadata, Boris Reznikov

Washington Journal of Law, Technology & Arts

The American Bar Association recently decided that attorneys are not violating the Model Rules of Professional Conduct by reviewing opposing parties’ electronic documents for metadata. The stance taken by the American Bar Association contradicts views from ethics committees in other jurisdictions that have determined that lawyers who examine metadata are acting unethically. This Article summarizes the American Bar Association’s decision, as well as the other opinions on metadata, to help practicing attorneys understand the proper ethical considerations they must make when determining whether to look into an electronic document’s metadata.

May 21, 2008: For The Establishment Of Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “For the Establishment of Religion “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Eliahu V. Government Of Israel, Edmond E. Levy, Salim Joubran, Yoseph Elon

Translated Opinions

These petitions concern the Government’s general policy decision to reduce the number of non-Israelis employed in the ethnic restaurant industry. The Petitioners challenge a line of decisions reducing the number of permits for the employments of foreign cooks in ethnic and fusion restaurants, and later the requirement of a higher pay for the employee – which would reflect the expertise at the foundation of the restaurant’s wishes to employ that person – in order to secure a permit.

The High Court of Justice (in an opinion written by Justice Levy, with Justices Joubran and Elon joining) rejected the petitions and …

May 22, 2008: Christianity As Counter-Cultural, Bruce Ledewitz

Hallowed Secularism

Blog post, “Christianity as Counter-Cultural“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.