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Articles 326761 - 326790 of 545939

Full-Text Articles in Law

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 16, Iss. 2-3 Jan 1998

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 16, Iss. 2-3

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Future Directions In International Copyright, Shira Perlmutter Jan 1998

Future Directions In International Copyright, Shira Perlmutter

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Introduction, Stefaan Verhulst Jan 1998

Introduction, Stefaan Verhulst

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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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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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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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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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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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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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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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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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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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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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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The Belfast Agreement, Duncan Shipley-Dalton Jan 1998

The Belfast Agreement, Duncan Shipley-Dalton

Fordham International Law Journal

The Belfast Agreement (or "Agreement"), to give it its proper name, reached at Stormont on Good Friday 1998, is an important document of Irish history. It is certainly a political text, but it has important legal effects. And these I wish to emphasize. As a member of the Ulster Unionist Party ("UUP") - elected later to the Northern Ireland Assembly - I accepted the Agreement on April 10 as the best opportunity for the return of power to all the people of Northern Ireland. At the time of writing (early March 1999), the major issue remains the decommissioning of Irish …

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'Constructive Ambiguity' Or Internal Self-Determinatinon? Self-Determination, Group Accommodation, And The Belfast Agreement, Christine Bell, Kathleen Cavanaugh Jan 1998

'Constructive Ambiguity' Or Internal Self-Determinatinon? Self-Determination, Group Accommodation, And The Belfast Agreement, Christine Bell, Kathleen Cavanaugh

Fordham International Law Journal

This Essay examines the Belfast Agreement (or "Agreement") in the light of international law on self-determination and minority rights. Northern Ireland cannot be evaluated in a vacuum; already it is being suggested that the Northern Ireland peace process and the formula devised in the 1998 Belfast Agreement may serve as a model for other divided societies. Indeed, this possibility was raised by President Clinton during his September 1998 visit to Belfast and was reiterated by the U.N. High Commissioner for Human Rights on her more recent visit in December 1998. International law claims to address many of the issues central …

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Conflict In Northern Ireland After The Good Friday Agreement, Seamus Dunn, Jacqueline Nolan-Haley Jan 1998

Conflict In Northern Ireland After The Good Friday Agreement, Seamus Dunn, Jacqueline Nolan-Haley

Fordham International Law Journal

These include a "commitment to the mutual respect, the civil rights and the religious liberties of everyone in the community" and eight particular rights are spelled out: the "complete incorporation into Northern Ireland law of the European Convention on Human Rights, with direct access to the courts, and remedies for breach of the Convention, including powers for the courts to overrule Assembly legislation on the grounds of inconsistency"; a new Northern Ireland Human Rights Commission; a new statutory Equality Commission; a normalization of security arrangements and practice, including the reduction in the numbers and role of British Armed Forces deployed …

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Legality, Legitimacy, And Democratic Renewal: The New Assembly In Context, Colin Harvey Jan 1998

Legality, Legitimacy, And Democratic Renewal: The New Assembly In Context, Colin Harvey

Fordham International Law Journal

This Essay examines the structure and functions of the new Northern Ireland Assembly within the context of the constitutional changes in the Britain and Ireland. Since its election in May 1997, the new Labour Government has been steadily putting in place key constitutional reforms. The changes were widely discussed, both internally while the party was in opposition and externally within the scholarly community. The Labour Government came to power on a manifesto that promised substantial constitutional reform with an emphasis on decentralization and participation. It is evident that the change of government had an impact on the process in Northern …

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Regulating Rights And Managing Public Order: Parade Disputes And The Peace Process, 1995-1998, Neil Jarman Jan 1998

Regulating Rights And Managing Public Order: Parade Disputes And The Peace Process, 1995-1998, Neil Jarman

Fordham International Law Journal

This Essay explores the problems that have emerged over the right to parade since 1994. It begins with a brief review of the historical significance of parades in Ireland before summarizing the background to the current disputes. This Essay considers the causes of the problem, the arguments of the various parties, and the development of legal controls on parades. The Essay then moves on to review the attempts that have been made to resolve the issue. In particular, the Essay focuses on the formal measures that have been taken by the British Government to resolve the disputes rather than the …

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Dash For Agreement: Temporary Accommodation Or Lasting Settlement?, Dennis Kennedy Jan 1998

Dash For Agreement: Temporary Accommodation Or Lasting Settlement?, Dennis Kennedy

Fordham International Law Journal

The same dilemma remains for those in Northern Ireland today who genuinely want peace, reconciliation, and stability, but who at the same time see in what is termed the peace process, if not deceit, then much glossing over, a lot of ambiguity, and a deal of bad history. In 1921 the new institutions in Northern Ireland, the regional government and Parliament began life under the fiercest onslaught from Irish nationalism, both within its own boundaries and from the rest of the island. It was also critical of the early peace process under which John Hume of the SDLP had commenced …

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From The Margins To The Mainstream: Human Rights And The Good Friday Agreement, Paul Mageean, Martin O'Brien Jan 1998

From The Margins To The Mainstream: Human Rights And The Good Friday Agreement, Paul Mageean, Martin O'Brien

Fordham International Law Journal

This Essay examines the process by which the language of human rights moved to center stage in the political process. It looks to peace processes elsewhere to determine whether the Agreement is deserving of the High Commissioner's special praise and analyzes, from a human rights perspective, the content of the Agreement and the extent to which the promises made therein have been fulfilled to date.

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Policing And Change In Northern Ireland: The Centrality Of Human Rights, Linda Moore Jan 1998

Policing And Change In Northern Ireland: The Centrality Of Human Rights, Linda Moore

Fordham International Law Journal

It is the contention of this Essay that the international principles of human rights must form the foundations of any future policing service in Northern Ireland. Leaving behind the sterile communalism that has characterized past approaches to policing in favor of a rights-based approach, would benefit all in Northern Ireland. A human rights policing framework would particularly relieve those living in working class communities, both catholic and protestant, who have borne the brunt of heavy policing policies and tactics. While acknowledging that no approach to policing reform can appease all shades of Northern Ireland's political and cultural opinion, the current …

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Mainstreaming Equality In The Governance Of Northern Ireland, Christopher Mccrudden Jan 1998

Mainstreaming Equality In The Governance Of Northern Ireland, Christopher Mccrudden

Fordham International Law Journal

The purpose of this Article is to discuss this change, concentrating on the development of the approach to equality in the Agreement, and its subsequent incorporation into the Northern Ireland Act of 1998 ("Act"), which now forms the legal basis for the new constitutional settlement in Northern Ireland. The Agreement's approach is that equality should be "mainstreamed" in the future governance of Northern Ireland. But, following the Agreement, there was a real danger that equality would be pushed back to the margins. Fortunately, a coalition of the disadvantaged and politicians ensured that this did not happen. The Act, taken together …

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