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Articles 1 - 30 of 44
Full-Text Articles in Law
An Empirical Survey Of International Commercial Arbitration Cases In The Us District Court For The Southern District Of New York, 1970-2014, Vera Korzun, Thomas H. Lee
An Empirical Survey Of International Commercial Arbitration Cases In The Us District Court For The Southern District Of New York, 1970-2014, Vera Korzun, Thomas H. Lee
Fordham International Law Journal
This Article identifies and organizes the circumstances in which national courts play a role in international commercial arbitrations— border crossings. It then records and analyzes empirical data of these border crossings in cases filed in a key national court for international arbitration-related litigation: the US District Court for the Southern District of New York. Data were collected from the date of entry into force for the United States of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) on December 29, 1970 to September 15, 2014. Based on interpretation of these data, …
Criminal Records And Immigration: Comparing The United States And The European Union, Dimitra Blitsa, Lauryn P. Gouldin, James B. Jacobs, Elena Larrauri
Criminal Records And Immigration: Comparing The United States And The European Union, Dimitra Blitsa, Lauryn P. Gouldin, James B. Jacobs, Elena Larrauri
Fordham International Law Journal
Because the revolution in information technology has made individual criminal history records more comprehensive, efficient, and retrievable, an individual’s criminal history has become an ever more crucial marker of character and public identity. The broad range of collateral consequences of criminal convictions has become a very salient issue for criminal justice scholars and reformers. A single criminal conviction can trigger thousands of potentially applicable restrictions, penalties, or other civil disabilities. There is no better example of this phenomenon than immigration law and policy, where developments in data storage and retrieval converge with opposition to immigration, especially to immigrants who bear …
Isis, Boko Haram, And The Human Right To Freedom From Slavery Under Islamic Law, Bernard K. Freamon
Isis, Boko Haram, And The Human Right To Freedom From Slavery Under Islamic Law, Bernard K. Freamon
Fordham International Law Journal
There is now a worldwide consensus on the firm existence of a human right to freedom from slavery. This consensus gives rise to what was thought to be an irrefutable argument that the right to be free from slavery is a jurisprudential universal, with no competent legal system or government able to deny its existence or permit derogation from its tenets. This argument is now being tested by the ideologies, policies, and actions of Muslim insurgencies in Iraq, Syria, and Nigeria, each claiming that the enslavement of non-believing combatants and war captives and slave trading in such persons is permitted …
"Gatting" The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana
"Gatting" The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana
Fordham International Law Journal
In a previous paper, Trading Up Kyoto: A Proposal for Amending the Protocol, I argued that not only do international trade rules, specifically the operation of the World Trade Organization ("WTO") agreements, hinder international climate change treaty negotiations, but also that applying exceptions to circumvent trade rules is doctrinally difficult and normatively unsettling, primarily because of WTO jurisprudence, the colorable intent of nations that are violating WTO rules in the guise of mitigating climate change, and the challenges to creating environmental exceptions to trade rules to facilitate emissions reduction. To illustrate this point, I focused on ongoing trade disputes involving …
Not "Fit" For Hire: The United States And France On Weight Discrimination In Employment, Michael L. Huggins
Not "Fit" For Hire: The United States And France On Weight Discrimination In Employment, Michael L. Huggins
Fordham International Law Journal
Part I will examine past and present attitudes regarding obesity in US society and will discuss the employment challenges obese individuals face because of weight discrimination. Further, Part I will survey US statutory laws at the federal, state, and local levels that currently protect against particular instances of weight discrimination. In sum, this Part aims to provide the current legal and social landscape in the United States for protecting individuals against employment discrimination based on their weight. Part II will look at France’s cultural bias against obesity and its laws against physical appearance discrimination. Part II then will analyze French …
Bringing In A New Scale: Proposing A Global Metric Of Internet Censorship, Philip Chwee
Bringing In A New Scale: Proposing A Global Metric Of Internet Censorship, Philip Chwee
Fordham International Law Journal
Part I of this Note provides an overview of Internet censorship and international law, including the different approaches and theories behind Internet censorship. Part I.A discusses the development of the ICCPR and its application to the Internet. Next, Part I.B-D provides an in-depth overview of the Internet censorship models of three different countries: the United States, the United Kingdom, and China. Part II examines each country’s Internet censorship model under Article 19 of the ICCPR, considering Article 19(3)’s three-part test and requirements established by recent UN reports interpreting them. The analysis will also examine each country’s copyright laws under Article …
The Effect Of The United Nations Convention Against Torture On The Scope Of Habeas Review In The Context Of International Extradition, Evan King
Fordham International Law Journal
This Note considers the law underlying the question addressed in Trinidad: can habeas courts review an extraditee’s Article Three claims? In turn, this Note considers how courts should interpret the CAT in the extradition context. Part I explores the important conceptual components of the question posed in Trinidad,including US extradition practice, habeas petitions in extradition proceedings, and the CAT’s implementation in the United States. Building on this, Part II examines competing interpretations of Article Three claims in US courts, highlighting how these claims touch on much deeper issues that remain unsettled by several hundred years of habeas corpus jurisprudence. Finally, …
Worst Decision Of The Eu Court Of Justice: The Alrosa Judgment In Context And The Future Of Commitment Decisions, Frederic Jenny
Worst Decision Of The Eu Court Of Justice: The Alrosa Judgment In Context And The Future Of Commitment Decisions, Frederic Jenny
Fordham International Law Journal
This Article details the evolution of the commitment decisions, analyzes the logic and the consequences of the Alrosa Court judgment, and offers some suggestions on how to establish a better equilibrium between the legitimate objective of promoting the effectiveness of the Commission by allowing it enough flexibility to end cases when competition could be restored rapidly and without major expense thanks to the cooperation of investigated firms, while respecting the necessity to ensure that the effectiveness of enforcement remains compatible with three goals: developing a robust competition law jurisprudence to ensure legal predictability, particularly in abuse of dominance cases; ensuring …
Ending Female Genital Mutilation & Child Marriage In Tanzania, Lisa Avalos, Naima Farrell, Rebecca Stellato, Marc Werner
Ending Female Genital Mutilation & Child Marriage In Tanzania, Lisa Avalos, Naima Farrell, Rebecca Stellato, Marc Werner
Fordham International Law Journal
This Article analyzes the current practices of FGM and child marriage in Tanzania and makes a number of recommendations for eliminating these severe human rights violations. Part I identifies the relevant forms of gender-based violence and discusses how they are practiced and related. Part II addresses applicable international and domestic legal authority, identifying potential gaps in domestic legal protection for young girls. Part III proposes several promising legal and policy strategies, both international and domestic, to reduce the practices of child marriage and FGM in Tanzania. Ultimately, some or all of these measures must be implemented to help bring an …
Sex And The Shari’A: Defining Gender Norms And Sexual Deviancy In Shi’I Islam, Haider Ala Hamoudi
Sex And The Shari’A: Defining Gender Norms And Sexual Deviancy In Shi’I Islam, Haider Ala Hamoudi
Fordham International Law Journal
This Article demonstrates that modern authoritative jurists working within the Shi’i tradition have developed their rules respecting sex regulation in order to serve three primary commitments. The first commitment is less a normative expectation and more a presumption of reality. It is that there is an intense and near debilitating desire on the part of human beings generally, though mostly men, for a great deal of sex. This desire must be satisfied, but it also must be tightly controlled. This is because of the second commitment, which is that excessive licentiousness is a form of secular distraction from a believer’s …
The Pen And The Sword: Legal Justifications For The United States’ Engagement Against The Islamic State Of Iraq And Syria (Isis), Olivia Gonzalez
The Pen And The Sword: Legal Justifications For The United States’ Engagement Against The Islamic State Of Iraq And Syria (Isis), Olivia Gonzalez
Fordham International Law Journal
Part I of this Comment will lay out the potential arguments the United States could make to justify its engagement against ISIS under international law, jus ad bellum. This Part will also present existing commentary on the strengths and weaknesses of the available legal justifications. Part II will lay out the legal justifications under US law and discuss their nexus to the United States’ international obligations. Finally, Part III will argue that the United States’ engagement is appropriately classified as an instance of collective self-defense under international law. This Part will discuss what new AUMF would be needed in order …
Data Gathering And Analysis: The Anatomy Of A Merger Investigation In Europe, Gerwin Van Gerven, Melissa Gotlieb
Data Gathering And Analysis: The Anatomy Of A Merger Investigation In Europe, Gerwin Van Gerven, Melissa Gotlieb
Fordham International Law Journal
Ever since the early days of European merger control, the European Commission (“Commission”) has relied heavily on information provided by the notifying parties and by relevant third parties in carrying out its review of concentrations. More recently, the Commission has added economic analyses and market surveys, as well as the review of internal documents, as major elements. Over time, it is fair to say that the depth and breadth of the information gathering and analysis has grown significantly, making European merger review a resource-intensive and sometimes very drawn-out exercise. With that in mind, and after criticism from stakeholders, the Commission …
Soziale Kompetenz: A Comparative Examination Of The Social-Cognitive Processes That Underlie Legal Definitions Of Mental Competency In The United States, Germany, And Japan, Joseph Alan Wszalek
Soziale Kompetenz: A Comparative Examination Of The Social-Cognitive Processes That Underlie Legal Definitions Of Mental Competency In The United States, Germany, And Japan, Joseph Alan Wszalek
Fordham International Law Journal
Part I of this Article will examine plain-text selections of legal language concerning mental competency from the constitutions, codes, or relevant decisions by the highest national courts, of three countries: the United States, Germany, and Japan. As three of the biggest economic powers on the planet, these countries merit consideration not just for their contrasting cultural and legal frameworks but also for their relative influence within the international arena during the latter half of the twentieth century. Part I’s examination will focus on constitutional and code language for two important reasons: (1) these sources of law form the basis of …
Eu External Relations: Exclusive Competence Revisited, Allan Rosas
Eu External Relations: Exclusive Competence Revisited, Allan Rosas
Fordham International Law Journal
This Article will focus on the question of exclusive competence in the field of EU external relations, especially in the light of recent developments. After a brief discussion on the origins and development of exclusive competence, a distinction will be made between common commercial policy, which has traditionally been the most important area of an explicit “a priori” exclusive competence, and what is often called an implicit exclusive competence, which, as it is today based on some general criteria enshrined in TFEU Article 3(2), may be called “supervening” exclusive competence. With regard to both categories, the main focus will be …
Where To, Mr. Warbucks?: A Comparative Analysis Of The Us And Uk Investor Visa Programs, Stephanie Torkian
Where To, Mr. Warbucks?: A Comparative Analysis Of The Us And Uk Investor Visa Programs, Stephanie Torkian
Fordham International Law Journal
Part I discusses the background of the US and UK investor visas by considering the intentions, legislative histories, and relevant immigration schemes of each country’s program. Part II outlines and describes the requirements of each investor visa category and also touches on the alternatives offered under each program. Part III compares the US and UK investor visa programs, evaluates the issues associated with the US investor visa, and considers the benefits accompanying the UK investor visa. Eventually, this Comment concludes that the United Kingdom’s simple and straightforward process is preferred to the United States’ complicated and uncertain method.
Environmental Justice Reimagined Through Human Security And Post-Modern Ecological Feminism: A Neglected Perspective On Climate Change, Linda A. Malone
Environmental Justice Reimagined Through Human Security And Post-Modern Ecological Feminism: A Neglected Perspective On Climate Change, Linda A. Malone
Fordham International Law Journal
The modern feminist and environmental movements were given birth in the same decade, and both reached a critical developmental stage in the 1980s. The full extent of their relevance to each other was briefly explored in the 1990s in very limited legal literature, consisting primarily of three articles that began to explore the concept of ecological feminism, or “ecofeminism.” Since the mid-1990s, however, ecofeminism has largely been left to examination and study by sociologists with virtually no contribution from legal academics or environmental professionals. The point of this study is to demonstrate that it would be a missed opportunity not …
"One Exam Determines One's Life": The 2014 Reforms To The Chinese National College Entrance Exam, Amy Burkhoff
"One Exam Determines One's Life": The 2014 Reforms To The Chinese National College Entrance Exam, Amy Burkhoff
Fordham International Law Journal
This Note first outlines the history of the hukou system in China before and after the major economic reform of 1978. Second, this Note outlines the specific institutional barriers that migrant children face when accessing compulsory, secondary, and tertiary education, with a specific focus on the hukou system. Third, this Note analyzes the goals and content of China’s State Council’s opinion released on September 4, 2014 suggesting a reform to the gaokao system intended to alleviate the institutional barriers to education. Finally, this Note argues that first, the State Council’s suggested reform directly addresses only one of the multiple institutional …
When Is Cross-Border Insolvency Recognition Manifestly Contrary To Public Policy, Michael A. Garza
When Is Cross-Border Insolvency Recognition Manifestly Contrary To Public Policy, Michael A. Garza
Fordham International Law Journal
This Comment argues that the Public Policy Exception of Chapter 15 should be invoked only as a last resort and that, going forward, courts should engage in an analysis of § 1506 only when no other provision in Chapter 15 supports a decision to deny relief. To promulgate this argument and to clarify the public policy exception under the Model Law and Chapter 15, this Comment proceeds in three parts. First, Part I examines various public policy exceptions found in the law, including Article 6 of UNCITRAL’s Model Law on Cross-Border Insolvency, nations adopting Article 6 of the Model Law …
Introduction: Symposium On Eu Law Developments In Honor Of Professor Pieter Jan Kujiper, Roger J. Goebel
Introduction: Symposium On Eu Law Developments In Honor Of Professor Pieter Jan Kujiper, Roger J. Goebel
Fordham International Law Journal
No abstract provided.
Transfer Pricing Rules And State Aid, Richard Lyal
Transfer Pricing Rules And State Aid, Richard Lyal
Fordham International Law Journal
The purpose of this Essay is to place in context the four investigations currently open in relation to tax rulings on transfer pricing and to explore the manner in which proceedings of this kind may serve to correct abuses in international taxation practice.
Civil Society Contributions To Inclusive Climate Cooperation, Elizabeth Burleson
Civil Society Contributions To Inclusive Climate Cooperation, Elizabeth Burleson
Fordham International Law Journal
Engagement among States and decentralized, creative problem solvers can enhance the requisite cooperation to pick up the pace of solution implementation to match the rate of climate change. Global organizing capability, information sharing and innovation have enmeshed governments and civil society into new governance relationships. Technology has facilitated this process for many, but the hardware and software that has led to social networking is only a fraction of the story of dynamic, inclusive cooperation. Citizen sector actors hold both destructive and constructive capacity exceeding that of any previous era. While many remain overwhelmed by the scope of climate instability, members …
Filling The Gaps In Canada's Climate Change Strategy: "All Litigation, All The Time…"?, Cameron Jefferies
Filling The Gaps In Canada's Climate Change Strategy: "All Litigation, All The Time…"?, Cameron Jefferies
Fordham International Law Journal
This Article is organized into five parts. Part I situates Canada’s climate change experience. In Part II, Canada’s regulatory response to climate change and its gaps are positioned within a troubling ongoing federal retreat from the environmental arena that seems to favor resource extraction and export. Parts III to V discuss the possibility for increased human rights-based climate litigation in the Canadian context—even in light of past failures—and consider an emerging public law approach. The Article concludes by commenting on the prospect of the climate change problem playing out in Canadian courts.
The (Inter)Natioanl Strategy: An Ivory Trade Ban In The United States And China, Morgan V. Manley
The (Inter)Natioanl Strategy: An Ivory Trade Ban In The United States And China, Morgan V. Manley
Fordham International Law Journal
This Note argues that a near-complete ban in ivory trade not only raises difficult domestic legal issues, but also does little to stop elephant poaching in Africa. Further, enacting a similar ban in China is not only unrealistic, but also would increase the illegal trade and, therefore, the slaughter of elephants in Africa. Part I explains the history of illegal ivory trade and describes the current legal environments in the United States and China. Part II presents the domestic legal and policy implications of an ivory ban, and analyzes the potential difficulties with implementing a similar ban in China. Part …
The European Union And The United Nations Convention On The Law Of The Sea, Esa Paasivirta
The European Union And The United Nations Convention On The Law Of The Sea, Esa Paasivirta
Fordham International Law Journal
This Essay comments on EU participation in UNCLOS and its implementation. It addresses first the nature of the EU as a contracting party and outlines the modalities for its participation. It then reviews the international implementation of the UNCLOS obligations and the implementation/status of the Convention under EU law.
Caultron Of Unwisdom: The Legislative Offensive On Insidious Foreign Influence In The Third Term Of President Vladimir V. Putin, And Iccpr Recourse For Affect Civil Advocates, Thomas M. Callahan
Caultron Of Unwisdom: The Legislative Offensive On Insidious Foreign Influence In The Third Term Of President Vladimir V. Putin, And Iccpr Recourse For Affect Civil Advocates, Thomas M. Callahan
Fordham International Law Journal
Part I discusses Russian and international statutory law. It briefly outlines the structure of the government of the Russian Federation and discusses relevant articles of its Constitution. It then illustrates the legislative trend in question by discussing select legislation passed and proposed during President Putin’s third term that seeks to restrict non-Russian influence in Russian society. Part I closes with a discussion of Russia’s international human rights obligations, and the international redress available to Russian nationals affected by the laws in question. Part II considers the practical application of the laws discussed in Part I. This includes an examination of …
An International Legal Framework For Se4all: Human Rights And Sustainable Development Law Imperatives, Thoko Kaime, Robert L. Glicksman
An International Legal Framework For Se4all: Human Rights And Sustainable Development Law Imperatives, Thoko Kaime, Robert L. Glicksman
Fordham International Law Journal
This Article examines the genesis and context of SE4All, placing the effort within both its historical and international policy contexts. It highlights the voluntary nature of the initiative and argues that its effective implementation and the achievement of its goals require the articulation of an applicable international legal framework that aids the transformation of SE4All’s policy actions into binding international legal commitments. The article contends that such a transformation does not depend on the creation of entirely new legal rules or institutions. Instead, an effective framework for successful implementation of SE4All can be derived from existing rules of international human …
Opinion 2/13 On Eu Accession To The Echr And Judicial Dialogue: Autonomy Or Autarky, Piet Eeckhout
Opinion 2/13 On Eu Accession To The Echr And Judicial Dialogue: Autonomy Or Autarky, Piet Eeckhout
Fordham International Law Journal
This Essay joins the chorus of criticism, but also aims to deepen some of the analysis, as well as focusing it on wider questions of judicial dialogue and autonomy. Where relevant for the purpose of its critique, the Essay also refers to the View of Advocate General Kokott, which is generally much more positive in tone—even if it also finds fault with some of the provisions of the Accession Agreement. It starts with an attempt to give some basic meaning to the dialogue concept, on which it may be possible to find some agreement. The argument is that, at a …
"Europe Isn't Working In Europe": Reform And Modernisation Of The European Welfare State In The Wake Of The Economic Crisis, Erika Szyszczak
"Europe Isn't Working In Europe": Reform And Modernisation Of The European Welfare State In The Wake Of The Economic Crisis, Erika Szyszczak
Fordham International Law Journal
The first section analyses the European commitment to a welfare state in the light of the creation of an Internal Market and the economic crisis. The second section addresses how the EU has set about the reform and modernisation of public finances in response to the economic crisis. The third part analyses how the EU is balancing a modernisation agenda of reforming public services with a tougher agenda on reforming public finances. This section is followed by a specific case study of the modernisation of the procurement and financing of public services.
Who Owns The Scythian Gold? The Legal And Moral Implications Of Ukraine And Crimea's Cultural Dispute, Maria Nudelman
Who Owns The Scythian Gold? The Legal And Moral Implications Of Ukraine And Crimea's Cultural Dispute, Maria Nudelman
Fordham International Law Journal
This Note analyzes respective legal arguments that Ukraine and the Crimean museums can make to prove ownership of the objects. Part I establishes several elements key to the subsequent discussion, including the political and historical background of this dispute, the relevant laws on a national and international level, and the role of ethics and morality in the field of cultural heritage laws generally. Part II will consider relevant cultural heritage case studies, including treaties that divided cultural property after countries broke apart, the Thailand-Cambodian border dispute and the temple of Preah Vihear, and cases involving Soviet nationalized art. Past case …
The Crisis Response In Europe's Economic And Monetary Union: Overview Of Legal Developments, René Smits
The Crisis Response In Europe's Economic And Monetary Union: Overview Of Legal Developments, René Smits
Fordham International Law Journal
Writing about developments in Europe’s Economic and Monetary Union (“EMU”) at this juncture in time is a bold endeavour and a hazardous undertaking. ‘Bold’ because the developments are manifold, highly technical in nature and deeply contested among the players and the public—between Greeks and Germans, between mainstream political parties and (emerging) parties taking a different view, and between politicians and the electorate. ‘Hazardous’ as developments go so fast that these lines shall be partially outdated the moment they appear in published form. And yet, there is a need to explore and explain. That’s what this contribution seeks to do: to …