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2008

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Articles 9721 - 9750 of 10751

Full-Text Articles in Law

Criminal Manifestos And The Media, Arlen Pyenson Jan 2008

Criminal Manifestos And The Media, Arlen Pyenson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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It's Not Ok: New Zealand's Efforts To Eliminate Violence Against Women, Jorge Contesse, Jeanmarie Fenrich Jan 2008

It's Not Ok: New Zealand's Efforts To Eliminate Violence Against Women, Jorge Contesse, Jeanmarie Fenrich

Fordham International Law Journal

This Report presents the findings of this research effort. It consists of three parts: Part I sets out the normative framework on domestic violence, both at the international and national level, and explains the relevant norms that govern the relationship between Maori and the Crown. Part II begins with a background discussion regarding the level of domestic violence in New Zealand. It then proceeds to detail the problems with the domestic law and implementing regulations addressing domestic violence, both with the law as written and problems with the law and regulations as implemented or enforced, the "implementation gaps." It presents …

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"Back To The Future" - Reflections On The Beginning Of The Beginning: International Criminal Law In The Twenty-First Century, David M. Crane Jan 2008

"Back To The Future" - Reflections On The Beginning Of The Beginning: International Criminal Law In The Twenty-First Century, David M. Crane

Fordham International Law Journal

Part I begins by stating that though there has been atrocity throughout our history, certainly the last century has earned the title "the bloody century." The author then discusses the past conflicts that have earned that title for the last century. Next, the author acknowledges that in just ten years, the international community created the justice mechanisms to show that the rule of law is more powerful than the rule of the gun. In Part II, the author cites examples of what justice mechanisms have been implemented. Part III focuses on the challenges ahead for the international justice mechanisms. In …

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The Blood Of Going Green: Using Environmental Initiatives To Account For The Human Rights Violations Of The Green Movement, Noushin Ketabi Jan 2008

The Blood Of Going Green: Using Environmental Initiatives To Account For The Human Rights Violations Of The Green Movement, Noushin Ketabi

Fordham International Law Journal

Part I of this Note first illustrates the science of climate change and the push for biofuel development. Next, this Note uses human rights to define the problems associated with biofuel development in Brazil, Argentina and Paraguay, and introduces the environmental law framework that can address these human rights violation. Part II details the main human rights violations in Brazil, Argentina, and Paraguay occurring at the hands of the soy industry, and surveys the main existing certification proposals that attempt to mitigate social and environmental abuses. Finally, Part III proposes ways that developed countries can collectively mitigate the negative human …

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Who Tolls The Bells For Firms? Tales From Transition Economies, Katharina Pistor Jan 2008

Who Tolls The Bells For Firms? Tales From Transition Economies, Katharina Pistor

Faculty Scholarship

Bankruptcy law is regarded as an important mechanism for protecting creditor rights. Much of the current debate about bankruptcy law focuses exclusively on private creditors, ignoring the role of tax authorities as creditor in insolvent firms. Based on data from several transition economies, this essay documents the important, if not dominant, role tax authorities play as initiator of bankruptcy in these countries. While improved tax enforcement is crucial for tackling the problem of tax arrears and hardening the "soft budget-constraint" in former socialist countries, this essay suggests that the presence of the tax authorities as creditor may also affect the …

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Rule Of Law In Central And Eastern Europe, Frank Emmert Jan 2008

Rule Of Law In Central And Eastern Europe, Frank Emmert

Fordham International Law Journal

Pursuant to the same logic that prevailed when Jean Monnet and Robert Schuman reached out to Germany after the end of World War II, and in keeping with the promise made in the Preamble of the founding treaty, the EU now reached out to Central and Eastern Europe after the end of the Cold War and offered integration. In recognition of the difficulties for the EU on the one side of absorbing a large number of countries without jeopardizing the functioning of the institutions, and the difficulties for the Central and Eastern European Countries ("CEECs") on the other side of …

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Fundamental Rights In The European Community Legal Order, John L. Murray Jan 2008

Fundamental Rights In The European Community Legal Order, John L. Murray

Fordham International Law Journal

The role of the courts in the protection of human rights in any legal system is a constitutionally sensitive one. The observance and protection of such rights articulate with many aspects of the exercise of governmental and legislative power. The value nature of human rights accentuates these sensibilities. Some have viewed sovereign law as an essential ingredient in the make-up of national identity, a perception which tends to confirm a presumption that legal systems, while responsive to new pressures, are nonetheless holistic, coherent, and state-bound. National law is a rampart against outside corruption of the national ethos. Inevitably all of …

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The European Union And New Leading Powers: Towards Partnership In Strategic Trade Policy Areas, Dr. Rafael Leal-Arcas Jan 2008

The European Union And New Leading Powers: Towards Partnership In Strategic Trade Policy Areas, Dr. Rafael Leal-Arcas

Fordham International Law Journal

This Article aims at understanding the potential of partnerships of the European Union (‘EU‘) with emergent global actors (the so-called new leading powers (‘NLPs‘) or ‘BRIC countries‘), focusing on international trade law and policy. Although the power base of these actors (Brazil, Russia, India, and China--the BRIC countries) is their respective region (South America for the case of Brazil, Eastern Europe for Russia, the Subcontinent for India, and the Far East for China), there may be specific policy areas in which their influence might be global. With this in mind, the Article raises interesting questions: Is the EU an attractive …

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Antidiscrimination Law In The European Community, Erica Szyszczak Jan 2008

Antidiscrimination Law In The European Community, Erica Szyszczak

Fordham International Law Journal

This Article examines how an economic international Treaty arrangement in 1957, which was openly and unapologetically aimed at trade liberalization, arrived at including such fundamental social constitutional values in the Treaty of Lisbon 2007. This Treaty facilitates the constitutional framework for political and economic co-operation in the newly enlarged Union of twenty-seven Member States, setting the agenda for the next fifty years of European integration. In making this journey we will not be taking a nostalgic look backwards at the achievements of the Community, but we will examine how the groundwork was laid to lead what became the Union to …

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Regulation Of Civil Society In China: Necessary Changes After The Olympic Games And The Sichuan Earthquake, Karla W. Simon Jan 2008

Regulation Of Civil Society In China: Necessary Changes After The Olympic Games And The Sichuan Earthquake, Karla W. Simon

Fordham International Law Journal

This Article will address the following topics with regard to the regulation of civil society in China: (1)Making the existing regulations for social organizations (shehui tuanti, “SOs”), nonprofit non-commercial entities (minban fei qiye danwe, “NCEs”),and foundations (jijin hui) more user-friendly, including making it possible for de facto networks that provide and coordinate disaster relief to be recognized, perhaps as semi-legal entities for a short period of time. The liberalization of the SO regulations should permit mutual benefit organizations to be established in order to fully implement the freedom of association guaranteed by Article 35 of the Chinese Constitution. (2) Making …

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Cedaw, Compliance, And Custom: Human Rights Enforcement In Sub-Saharan Africa, Angela M. Banks Jan 2008

Cedaw, Compliance, And Custom: Human Rights Enforcement In Sub-Saharan Africa, Angela M. Banks

Fordham International Law Journal

This Article examines treaty body compliance discourse through an examination of the CEDAW Committee's jurisprudence related to sub-Saharan Africa. Drawing on the constructivist literature and the sociological framing literature, Part I of this article introduces adoption and adaptation as key features for domestically enforcing treaty obligations. Part I also introduces the CEDAW Committee compliance discourse framework. Through the issue of married women's property rights in Rwanda and Uganda, Part II demonstrates the challenges of implementing the adoption and adaptation process with a circumscribed collaboration approach. Drawing on the constructivist and sociological insights regarding the adoption and adaptation process Part III …

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Russia's Labor Pains: The Slow Creation Of A Culture Of Enforcement, Katerina P. Lewinbuk Jan 2008

Russia's Labor Pains: The Slow Creation Of A Culture Of Enforcement, Katerina P. Lewinbuk

Fordham International Law Journal

This Article offers a general examination and analysis of Russian labor law, including its historic origin and current status, and it also examines the existing enforcement mechanisms for its provisions. It also provides a comparison of Russian labor law and enforcement to the labor regulations and enforcement in four other countries: the United States of America, the United Kingdom, Australia, and Mexico. The Article concludes that Russia's failure to comply with and enforce its labor regulations is deeply rooted in the culture's historic distrust and disrespect for the law that was typical during Soviet times and continues into the current …

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Soft Law As Delegation, Timothy Meyer Jan 2008

Soft Law As Delegation, Timothy Meyer

Fordham International Law Journal

This article examines one of the most important trends in international legal governance since the end of the Cold War: the rise of “soft law,” or legally non-binding instruments that are given legal effect through domestic law or internationally binding agreements such as treaties. Scholars studying the design of international agreements have long puzzled over why states use soft law. The decision to make an agreement or obligation legally binding is within the control of the states negotiating the content of the legal obligations. Basic contract theory predicts that parties to a contract would want their agreement to be as …

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China's New Labor Contract Law And Protection Of Workers, Li Jing Jan 2008

China's New Labor Contract Law And Protection Of Workers, Li Jing

Fordham International Law Journal

This Comment will discuss the labor conditions in China that prompted many provisions in the recently enacted Labor Contract Law, and how the new law responds to deficiencies of China's Labor Law to address various labor problems. Part I of this Comment contains a brief presentation of the historical and economic background of the emergence of migrant workers. Part I also examines the causes of the main problems faced by migrant workers, in particular the insufficiencies of China's Labor Law in protecting migrant workers. Part II looks into the legislation's background and specific provisions of China's new Labor Contract Law …

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Filling Some Of The Gaps: The International Law Association (American Branch) Law Of The Sea Definitions Project, George K. Walker Jan 2008

Filling Some Of The Gaps: The International Law Association (American Branch) Law Of The Sea Definitions Project, George K. Walker

Fordham International Law Journal

The Law of the Sea Committee (“LOS Committee” or “Committee”) of the International Law Association's American Branch (“ABILA”) will complete its project, Terms in the 1982 U.N. Convention on the Law of the Sea or in Convention Analysis that the Convention Does Not Define (“Report”), in 2009. If the U.S. Senate gives advice and consent, and President Barack Obama exchanges ratifications, the U.N. Convention on the Law of the Sea (“UNCLOS” or “Convention”) and its 1994 protocol will, belatedly in the view of many, become law for the United States, as they already are for much of the world. It …

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Gravity And The Legitimacy Of The International Criminal Court, Margaret M. Deguzman Jan 2008

Gravity And The Legitimacy Of The International Criminal Court, Margaret M. Deguzman

Fordham International Law Journal

References to gravity are threaded throughout the Rome Statute's provisions relating to jurisdiction and its exercise. These references reflect the drafters' philosophical vision for the Court, but fail to provide the institution with clear legal guidance. Part II begins by examining the relevant statutory provisions, exploring ambiguities in the text and suggesting how it should be interpreted. It then canvases the legislative history for indications of the drafters' intent and evaluates the approaches to gravity adopted thus far by the Court's judges and Prosecutor. The analysis in this Part demonstrates that gravity plays two essential and distinct roles for the …

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Congress, The Supremacy Clause, And The Implementation Of Treaties, John T. Parry Jan 2008

Congress, The Supremacy Clause, And The Implementation Of Treaties, John T. Parry

Fordham International Law Journal

This Article intervenes in the self-execution debate by revisiting the early American understandings of treaty implementation in the decades before Foster. I first assess the significant materials from the founding era, some of which have never before been discussed in this context. I also critique the interpretations of other commentators who have been too quick to find support for a broad notion of self-execution in the historical materials. Although I conclude the founding generation generally assumed treaties would be law without congressional intervention, I emphasize that the ordinary story of consensus on these issues is inaccurate. Second, I analyze post-ratification …

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An African Marshall Plan: Changing U.S. Policy To Promote The Rule Of Law And Prevent Mass Atrocity In The Democratic Republic Of The Congo, Gregory S. Gordon Jan 2008

An African Marshall Plan: Changing U.S. Policy To Promote The Rule Of Law And Prevent Mass Atrocity In The Democratic Republic Of The Congo, Gregory S. Gordon

Fordham International Law Journal

This Article discusses what the United States can do to promote the rule of law and human rights in DR Congo. This Article contends that U.S.-DR Congo policy has been formulated in dribs and drabs, limited in quantity relative to the enormity of the crisis, and without an overarching plan for promoting legal coherence and yielding long-term, systemic change. To be effective, U.S.-Congolese policy must be crafted and executed with a holistic approach-security, disarmament, infrastructure, food assistance, and health care must all undergird greater efforts to establish the rule of law. In effect, the United States must initiate an "African …

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A Theory Of Internationally Regulated Goods, Asif Efrat Jan 2008

A Theory Of Internationally Regulated Goods, Asif Efrat

Fordham International Law Journal

This Article examines the overlooked countertrend of international trade regulation. It offers a theory of internationally regulated goods ("IRGs") that explains why certain goods are regulated internationally, how governments form their preferences on international regulation, and how they establish cooperation. This Article argues that international regulation allows governments to make up for the deficiencies of national regulation by inducing the externalities-generating countries to establish proper controls. Beyond identifying and analyzing the trend of internationally regulated goods, this Article makes several additional contributions. Most importantly, the theoretical model bridges rationalist and nonrationalist accounts of international law by combining self-interest calculations with …

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Ethics In The Multijurisdictional Practice Of Admiralty Lawyers, Michael Marks Cohen Jan 2008

Ethics In The Multijurisdictional Practice Of Admiralty Lawyers, Michael Marks Cohen

Fordham International Law Journal

In June 2002 the Commission on Multijurisdictional Practice of the American Bar Association (“ABA”) issued a report which covered a wide range of subjects including state judicial regulation and discipline of lawyers, the special problems of large firms moving lawyers around to work in branch offices, the use of in-house counsel not licensed in the state where they work, the particular problems of federal government and military lawyers practicing as part of their official duties in states where they are not licensed, as well as model rules for admission to practice on motion, for licensing of foreign legal consultants, and …

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Surrendering The Rule Of Law In Foreign Relations, Martin S. Flaherty Jan 2008

Surrendering The Rule Of Law In Foreign Relations, Martin S. Flaherty

Fordham International Law Journal

Foreign relations specialists for the most part agree on this much: Medellin v. Texas may prove to be the most important case in the field in recent memory—more than even the recent line of Guantanamo decisions, significant as the general public assumes these to be. Agreement fades, however, concerning exactly what Medellin’s importance will be. Does it signal a reversal of the doctrine that treaties are presumptively self-executing? Or does it (merely) suggest hostility toward domestic application of multi-lateral agreements, especially when they confer individual rights? Is the Court’s opinion driven by a salutary commitment to domestic democratic process in …

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Joseph Sweeney: Scholar, Teacher, Pillar Of The Fordham Law School Community, Roger J. Goebel Jan 2008

Joseph Sweeney: Scholar, Teacher, Pillar Of The Fordham Law School Community, Roger J. Goebel

Fordham International Law Journal

This issue of the Fordham International Law Journal is dedicated to Professor Joseph Sweeney on the occasion of his seventy-fifth birthday.

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The Role Of Informal Legal Institutions In Economic Development, Kevin J. Fandl Jan 2008

The Role Of Informal Legal Institutions In Economic Development, Kevin J. Fandl

Fordham International Law Journal

The purveyance of the rule of law in developing countries has frequently been associated with positive economic development. Better clarity, scope, transparency and enforcement of the laws will promote confidence and trust in the formal legal system, the argument suggests. At its core, this argument misses a fundamental yet widely recognized tangent to the rule of law – the role of informal legal institutions. The perception of legal systems perpetrated by the state - formal legal systems - is negative in many developing countries. Corruption, high costs and lengthy time periods for issue resolution limit the ability and willingness of …

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Learning From Others: Sustaining The Internationalization And Globization Of U.S. Law School Curriculums, James R. Maxeiner Jan 2008

Learning From Others: Sustaining The Internationalization And Globization Of U.S. Law School Curriculums, James R. Maxeiner

Fordham International Law Journal

In 2007 Harvard Law School made "the most ambitions changes to the school's curriculum since Langdell." That change was the internationalization and globalization of its curriculum. Other law schools, such as Michigan, McGeorge and Georgetown, had already done that. But what is to assure that the recent trend toward internationalization will not be just another fad? This address, after summarizing current developments, provides an answer: learning from foreign law.

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Taking Shots At Private Military Firms: International Law Misses Its Mark (Again), Kevin H. Govern, Eric C. Bales Jan 2008

Taking Shots At Private Military Firms: International Law Misses Its Mark (Again), Kevin H. Govern, Eric C. Bales

Fordham International Law Journal

Part I of this Article takes a brief tour through military history on the consistent use of mercenaries through the ages, which Peter Singer illuminates masterfully in Corporate Warriors. Next, a brief overview on the binding nature (or not) of international custom and treaty is explored in Part II and then the codifications of international law are taken up in Part III, beginning with the Hague and Geneva Conventions. Several United Nations (“U.N.”) instruments are analyzed for their efficacy in changing the long-standing customary international law on the use of mercenaries and whether or not each is applicable to PMF …

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The Honeymoon Is Over: Evaluating The U.S.-China Wto Intellectual Property Complaint, Donald P. Harris Jan 2008

The Honeymoon Is Over: Evaluating The U.S.-China Wto Intellectual Property Complaint, Donald P. Harris

Fordham International Law Journal

Over the last two decades, the United States and the People’s Republic of China have engaged in extensive negotiations regarding China’s protection of intellectual property rights. To date, the countries have entered into at least four substantive agreements detailing China’s commitments and obligations to enforce intellectual property rights (IPRs). Unfortunately, these commitments have not led to significant improvement in China’s enforcement of rampant piracy. When, in 2001, China finally acceded to the World Trade Organization, which included the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS), many hoped that China would effectively finally fulfill its international obligations to …

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"More Adversarial, But Not Completely Adversarial": Reformasi Of The Indonesian Criminal Procedure Code, Robert R. Strang Jan 2008

"More Adversarial, But Not Completely Adversarial": Reformasi Of The Indonesian Criminal Procedure Code, Robert R. Strang

Fordham International Law Journal

This Article provides a perspective not normally available to U.S. legal scholars in the area of comparative law -- it is a firsthand account of criminal procedure reform in the Republic of Indonesia. Indonesia, the world’s fourth largest country by population and the largest civil law jurisdiction, has embarked on sweeping legal, political, and institutional reform in the ten years since the collapse of authoritarian rule. Half way around the world from the U.S., Indonesia is virtually unknown to Western legal scholars, yet the changes being made in Indonesian criminal procedure are fundamental: establishing a suspect’s right to remain silent; …

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The Contribution Of The International Court Of Justice To The Development Of International Environmental Law: A Contemporary Assessment, Dr. Jorge E. Viñuales Jan 2008

The Contribution Of The International Court Of Justice To The Development Of International Environmental Law: A Contemporary Assessment, Dr. Jorge E. Viñuales

Fordham International Law Journal

The article provides a detailed and up-to-date assessment of the contribution of the International Court of Justice (ICJ) to the development of International Environmental Law (IEL), including the potential in this respect of the cases currently pending before the Court. The author argues that the ICJ's contribution to IEL can be organized in two main waves of cases. The legacy of the first wave, which covered essentially the Corfu Channel and the Nuclear Tests cases, as well as an important obiter dictum made in the Barcelona Traction case, was the confirmation of previous case-law on transboundary damages as well as …

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Silencing The Ethiopian Courts: Non-Judicial Constitutional Review And Its Impact On Human Rights, Chi Mgbako, Sarah Braasch, Aron Degol, Melisa Morgan, Felice Segura, Teramed Tezera Jan 2008

Silencing The Ethiopian Courts: Non-Judicial Constitutional Review And Its Impact On Human Rights, Chi Mgbako, Sarah Braasch, Aron Degol, Melisa Morgan, Felice Segura, Teramed Tezera

Fordham International Law Journal

Part I traces the evolution of Ethiopia's constitutional human rights guarantees in each of the country's constitutional manifestations from the period of Emperor Haile Selassie's reign to the present. Part II explores the status of fundamental rights and freedoms in Ethiopia's 1995 FDRE Constitution. Part III describes the players and processes of Ethiopia's complex system of non-judicial constitutional review, including the dominant role played by the HOF and Council of Constitutional Inquiry and the marginalized role of the courts. Part IV presents a comparative analysis of countries engaged in non-judicial constitutional review, including China, the former Soviet Union, and Finland. …

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Indigenous Land Rights And The Declaration On The Rights Of Indigenous Peoples: Implications For Maori Land Claims In New Zealand, Sarah M. Stevenson Jan 2008

Indigenous Land Rights And The Declaration On The Rights Of Indigenous Peoples: Implications For Maori Land Claims In New Zealand, Sarah M. Stevenson

Fordham International Law Journal

This Comment argues that Maori land claims will be bolstered through the use of existing and emerging customary international law, including principles in the Declaration. Part I discusses land issues in New Zealand, beginning by providing an overview of developments since the signing of the Treaty of Waitangi (“Treaty”), the founding document of New Zealand. It then discusses Maori customary title, the foreshore and seabed controversy, and the first settlement under the F.S.A., and concludes with the reasons for New Zealand's vote against the Declaration. Part II reviews indigenous rights in international law and the role of international law in …

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