Law Commons^™

Decision Support For Countering Terrorist Threats Against Transportation Networks, Richard Adler, Jeff Fuller

Journal of Strategic Security

This article presents a dynamic decision support methodology forcounter-terrorism decision support. The initial sections introduce basic objectives and challenges of terrorism risk analysis and risk management. The remainder of the paper describes TRANSEC, a decision support framework for defining, validating, and monitoring strategies focused on managing terrorism risks to international transportation networks. The methodology and software tools underlying TRANSEC are applicable to other homeland security problems, such as critical infrastructure and border protection.

Book Reviews, J. Kelly Stewart, Mark J. Roberts, Jeffery Ahn, Lloyd H. Hoffman, Donald J. Goldstein

Journal of Strategic Security

The Accidental Guerilla: Fighting Small Wars in the Midst of a Big One. By David Kilcullen.

Aviation and Airport Security: Terrorism and Safety Concerns. By Kathleen M. Sweet.

Executive Measures, Terrorism and National Security: Have the Rules of the Game Changed? By David Bonner.

Spycraft: The Secret History of the CIA's Spy techs from Communism to Al-Qaeda. By Robert Wallace and H. Keith Melton, with Henry Robert Schlesinger.

Troublesome Young Men: The Rebels who brought Churchill to Power and Saved England. By Lynne Olson.

Keeping Our Campuses And Communities Safe, Ronald Goodman

Journal of Strategic Security

Since the events of September 11, 2001, the U.S. population has a heightened awareness that tragedies can and do strike ordinary people without warning. The same can be said for the unfortunate abundance of campus shootings, where the next "9/11" occurred in 2007 on the campus of Virginia Tech. And yet, subsequent investigations into these horrific events often reveal that clues existed that might have pointed to the eventual violent outcome. It is unquestionable that to dramatically improve the safety and security of our cities we must rely upon the millions of eyes of our fellow citizens to unearth these …

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

What Portability Means To Trust And Estate Professionals, Marc S. Bekerman

Articles & Chapters

One issue that has received much discussion over the last several years is the concept of allowing the estate of a surviving spouse to use the unused estate tax applicable exemption amount from the estate of his or her predeceased spouse. This concept has often been referred to as portability of the applicable exemption amount (frequently referred to as "portability" herein) and can serve in many cases to simplify estate plans of persons with significant wealth while also allowing some taxpayers to avoid traps for the unwary. This article will review the concept of portability and its potential effect, should …

Finding The Shoes That Fit: How Derivative Is The Trustee's Power To Avoid Fraudulent Conveyances Under Section 544(B) Of The Bankruptcy Code?, Alan N. Resnick

Cardozo Law Review

Section 544(b) of the Bankruptcy Code, which enables a bankruptcy trustee to avoid transfers that an actual unsecured creditor could have avoided under state law, is a powerful tool most often used to recover assets that were fraudulently transferred several years before a debtor's bankruptcy case. This power is often described as permitting the trustee, for the benefit of the bankruptcy estate and all of the debtor's unsecured creditors, to "stand in the shoes" and assert the rights of the particular unsecured creditor. In a recent case, In re Allou Distributors, Inc., the Bankruptcy Court for the Eastern District …

Recent Developments In Common Intention: Lee Chez Kee V Pp [2008] 3 Slr 447 [Case Note], Nathaniel Yong Ern Khng, Siyuan Chen

Research Collection Yong Pung How School Of Law

The Court of Appeal recently delivered an important judgment on liability for common intention. This criminal law doctrine has demanded clarification for some time, especially in regards to what is commonly known as “twin crime” situations, ie, situations where there is a primary criminal act as well as a collateral criminal act incidental to the main goal of the participants to the primary crime. In the “twin crime” situation, the participants would have intended to commit the primary criminal act but not all would have shared in the intention of one or more unidentified members of the group to also …

Masthead, Volume 31 (2009-2010)

Cardozo Law Review

No abstract provided.

Table Of Contents - Cardozo Law Review, Volume 31, Issue 1

Cardozo Law Review

No abstract provided.

Opinion Writing And Opinion Readers, Ruggero J. Aldisert, Meehan Rasch, Matthew P. Bartlett

Cardozo Law Review

No abstract provided.

International Law In Crisis: A Qualitative Empirical Contribution To The Compliance Debate, Michael P. Scharf

Cardozo Law Review

In the aftermath of the terrorist attacks of September 11, 2001, Professors Jack Goldsmith and Eric Posner published The Limits of International Law, a potentially revolutionary book that employs rational choice theory to argue that international law is really just "politics" and does not render a "compliance pull" on State decision-makers. Critics have pointed out that Goldsmith and Posner's identification of the role of international law in each of their case studies is largely conjectural, and that what is needed is qualitative empirical data that identifies the international law-based arguments that were actually made and the policy-makers' responses to …

The Networked Electorate: The Internet And The Quiet Democratic Revolution In Malaysia And Singapore, Hang Wu Tang

Research Collection Yong Pung How School Of Law

This paper is intended to be a contribution to the literature on claims of the democratising effect of the Internet. The paper begins by setting out the arguments and also critiques of claims of the democratising power of the Internet. In order to test the validity of these arguments, the author will undertake a comparative study of the impact of the Internet on recent general elections in Malaysia and Singapore. The study will demonstrate that in the case of Singapore, the Internet has merely exerted some pressure on the pre-existing laws and state-imposed norms governing free speech; in contrast, in …

Mediation And The Myth Of Universality, Nadja Alexander

Research Collection Yong Pung How School Of Law

In his essay entitled ‘Mediation: Pfade zum Frieden’, Professor Montada has made an important contribution to the mediation literature. He questions the universality of the standard mediation model that appears to be sweeping the world with enormous zeal and in doing so puts forward theories and principles to substantiate his view. To a large extent I agree with what the author has to say about the scope and potential for mediation. In particular I support his view that professional mediators need to be made aware of the cultural limitations of the model in which they are trained. As I write …

Good Faith As The Absence Of Bad Faith: The Excluder Theory In Mediation, Nadja Alexander

Research Collection Yong Pung How School Of Law

Views vary as to the behaviour necessary to constitute good faith — or equivalent concepts such as genuine and reasonable attempts — in mediation and as to behaviour which falls below the standard.

Inducing Breach Of Contract, Conversion And Contract As Property, Pey Woan Lee

Research Collection Yong Pung How School Of Law

This article seeks to understand contractual rights through an examination of the possible ‘property’ content in contracts in the context of the inducement tort and conversion. It argues that, contrary to popular perception, contracts and property are different shades of a similar phenomenon. Not being a reified ‘thing’ with stable features and structure, property is a relative rather than an absolute concept. To determine whether the holder of an intangible resource ought to be conferred with ‘property’ or exclusive control of access to such resource, one has to evaluate the relevant practical, legal and moral considerations. Applied to the context …

Void Contracts And The Applicability Of Choice Of Law Clauses To Consequential Restitutionary Claims: Cimb Bank Bhd V Dresdner Kleinwort Ltd [2008] 4 Slr 543, Adeline Swee Ling Chong

Research Collection Yong Pung How School Of Law

This note examines the Singapore Court of Appeal’s judgment in CIMB Bank Bhd v Dresdner Kleinwort Ltd, focusing specifically on what role, if any, should be played by a choice of law clause contained in a void contract in relation to the restitutionary aftermath of voidness.

Remarks, More Remarks And A Grounds Of Decision: One Judgment Too Many? Tt Durai V Public Prosecutor, Unreported Magistrate's Appeal, S. Chandra Mohan

Research Collection Yong Pung How School Of Law

In May 2008, the High Court dismissed the appeal of former NKF CEO, T T Durai, against his conviction and sentence. What is little known is that one of Durai's six grounds of appeal was in fact upheld. The appellate judge subsequently devoted nine out of 12 paragraphs of his four-page Grounds of Decision, to explain is reasons for doing so. Although this ruling did not affect the final outcome of the Durai appeal, it has to some extent helped to settle a question that has vexed criminal law practitioners in recent years. This concerns the legality and propriety of …

‘Void Contracts And The Applicability Of Choice Of Law Clauses To Consequential Restitutionary Claims: Cimb V Dresdner Kleinwort Ltd [2008] 4 Slr 543, Swee Ling Adeline Chong

Research Collection Yong Pung How School Of Law

This note examines the Singapore Court of Appeal’s judgment in CIMB Bank Bhd v Dresdner Kleinwort Ltd, focusing specifically on what role, if any, should be played by a choice of law clause contained in a void contract in relation to the restitutionary aftermath of voidness.

China-United States Trade Negotiations And Disputes: The Wto And Beyond, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

This article examines trade negotiations and disputes between China and the United States. It begins by ascertaining the unique political aspects of China-U.S. bilateral economic ties and explains the historical background underlying the relations. The article then argues that trade frictions between China and the United States are unlikely to repeat the Depression-era trade wars. The article observes that both the Chinese and U.S. governments are aware that the adoption of WTO-inconsistent measures may result in retaliatory actions from the other side. Hence, the two governments have attempted to resolve potential disputes through high-level official talks. Even when certain issues …

The Company And Its Directors As Co-Conspirators, Pey Woan Lee

Research Collection Yong Pung How School Of Law

In Nagase Singapore Pte Ltd v Ching Kai Huat and Lim Leong Huat v Chip Hup Hup Kee Construction Pte Ltd, the High Court of Singapore affirmed the proposition that a company may, like a natural person, conspire with its director to inflict harm on a third person even if the latter is its “directing mind and will”. In both cases, the courts’ focus was directed at a conceptual enquiry, ie, whether a company, whose “mind” is the same as that of its director, could properly be said to have “combined” or “agreed” to conspire. This article argues, however, that …

Tyrannophobia, Eric A. Posner, Adrian Vermeule

Public Law and Legal Theory Working Papers

Tyrannophobia—the fear of dictatorship—is a dominant theme in American political discourse. Yet dictatorship has never existed in the United States or even been likely. The hypothesis that tyrannophobia itself has prevented dictatorship from occurring is implausible; better evidence exists for alternative hypotheses. We conclude that tyrannophobia is an irrational political attitude that has interfered with, and continues to interfere with, needed institutional reform.

August 31, 2009: Is Everything Mysterious Vacuous?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Everything Mysterious Vacuous?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Coverage And Payment For Prescription Drugs Under Medicare Part B: A Complex Patchwork, Amanda Cassidy

National Health Policy Forum

As part of the diverse discussions around health care reform, many have looked to refining Medicare payment systems as a way to give health care practitioners and providers greater incentives to deliver care more efficiently, and thus slow health care spending growth. Understanding how Medicare currently pays for Part B services, including drugs covered under Part B, is essential to understanding the potential impact of these types of reforms. Most items and services covered under Part B, including most Part B drugs, are paid individually, which means practitioners and providers generally receive more payments for providing more services. Some reform …

Mtic Fraud Infects Tradable Carbon Permits, Richard Thompson Ainsworth

Faculty Scholarship

Missing trader intra-community (MTIC) fraud has been slowly morphing from cell phones and computer chips to other commodities. In the last few months however MTIC made a dramatic appearance in tradable CO2 permits. It closed exchanges and prompted France and the Netherlands to unilaterally change their tax treatment of CO2 trades. The UK has followed the French treatment in large measure. On Monday June 8, 2009 rumors of MTIC fraud in carbon emission permits closed the main European exchange for spot trading of European Union carbon emissions permits and Kyoto offsets. When BlueNext began trading permits again on Wednesday, June …

Vol. 37, No. 01 (August 31, 2009)

Indiana Law Annotated

No abstract provided.

Worker Well-Being In The 21st Century: Addressing The Psychosocial Context Of Work, Barbara J. Fick

Journal Articles

The world of work has undergone significant change since the days when nation-states first began addressing the issue of worker well-being. Early legal responses (such as worker compensation laws and health and safety regulations) focused on the physical environmental hazards to which workers were subjected, e.g. unsafe machinery or exposure to toxic chemicals. The transformation in the nature of work to a service-oriented economy has led many to rethink the types of hazards to which workers are exposed. Recent research has focused on the psychological and social environment in the workplace and how that may contribute to undermining worker health. …

Rite Of Blessing Of A Chapel And Anointing Of An Alter, Notre Dame Law School

About the Law School

The blessing rite for the Saint Thomas More Chapel, Eck Hall of Law, University of Notre Dame took place on August 30, 2009.

Presiding: Most Reverend John M. D'Arcy, Bishop, Fort Wayne-South Bend Diocese

Concelebrants:

• Rev. John Coughlin, O.F.M., Professor of Law and Concurrent Professor of Theology
• Rev. John Jenkins, C.S.C., President of the University of Notre Dame
• Rev. Richard Warner, C.S.C., Superior General of the Congregation of Holy Cross
• Rev. Peter Rocca, C.S.C., Rector for the Basilica of the Sacred Heart at the University of Notre Dame

August 29, 2009: Declare Healthcare Victory And Go Home?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Declare Healthcare Victory and Go Home?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Langston Hughes: The Ethics Of Melancholy Citizenship, Robert L. Tsai

Working Papers

As a body of work, the poetry of Langston Hughes presents a vision of how members of a political community ought to comport themselves, particularly when politics yield few tangible solutions to their problems. Confronted with human degradation and bitter disappointment, the best course of action may be to abide by the ethics of melancholy citizenship. A mournful disposition is associated with four democratic virtues: candor, pensiveness, fortitude, and self-abnegation. Together, these four characteristics lead us away from democratic heartbreak and toward political renewal. Hughes’s war-themed poems offer a richly layered example of melancholy ethics in action. They reveal how …

Aug. 28, 2009, J. Loukas, Bic, An Exception To All Rules, Compare Wb And Ifc Standards, Jackob Kane Loukas

IFC E&S Performance Standards

No abstract provided.