Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 327961 - 327990 of 546107

Full-Text Articles in Law

What Is A Vessel - A Three Prong Approach, Jeff Nemerofsky Jan 1998

What Is A Vessel - A Three Prong Approach, Jeff Nemerofsky

Cleveland State Law Review

In the context of United States admiralty law, the definition of the word "vessel" has different meanings depending upon which statute has jurisdiction, the nature of the circumstances, and the characteristics of the person involved. There is no settled definition of the word. The Jones Act is a statute designed to cover seamen injured by the negligent acts of their employer, and is indicative of other admiralty statutes which, by their lack of a specific definition of the word "vessel," have created controversy in the judicial system. This comment proposes a three prong test that suggests several criteria to be …

Go to article

The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie A. Failinger Jan 1998

The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie A. Failinger

Cleveland State Law Review

Only a few legal scholars have attempted to work out what jurisprudence might look like if lawmakers and judges took their religious world-views seriously-and explicitly-in their work, in a way respectful of "the fact of pluralism." My task is to imagine the concrete case: what a judge's jurisprudence might look like if a judge considered the wisdom of his own religious tradition in constitutional cases. This article explores broad jurisprudential themes and specific First Amendment and social welfare opinions of Justice William Rehnquist, who for some years has been a member of a Lutheran congregation, my own denomination. While Justice …

Go to article

The Unauthorized Dissemination Of Celebrity Images On The Internet ... In The Flesh, Navin Katyal Jan 1998

The Unauthorized Dissemination Of Celebrity Images On The Internet ... In The Flesh, Navin Katyal

Cleveland State Law Review

This paper will explore and analyze the unauthorized use and dissemination of celebrity images over the Internet as a violation of the copyrights of either the celebrity themselves, or the cinematographic' rights of the film production studio(s). The analysis will focus on the Copyright Act of both Canada and the United States and will be covered in three parts. Part I will define the basic nomenclature of the Internet and explain the applicability of copyright law to the Internet. Part II will focus on methods in which the celebrity and film studio can protect their copyright 'On-line' through the American-defined …

Go to article

Slashing And Burning Prisoners Rights: Congress And The Supreme Court In Dialogue, Susan Herman Jan 1998

Slashing And Burning Prisoners Rights: Congress And The Supreme Court In Dialogue, Susan Herman

Faculty Scholarship

No abstract provided.

Go to article

The Challenge To Financial Regulators Posed By Social Security Privatization, Roberta S. Karmel Jan 1998

The Challenge To Financial Regulators Posed By Social Security Privatization, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Go to article

Junior Secured Creditors And The Automatic Stay, David G. Carlson Jan 1998

Junior Secured Creditors And The Automatic Stay, David G. Carlson

Articles

No abstract provided.

Go to article

Rule 412 Laid Bare: A Procedural Rule That Cannot Adequately Protect Sexual Harassment Plaintiffs From Embarrassing Exposure, Andrea A. Curcio Jan 1998

Rule 412 Laid Bare: A Procedural Rule That Cannot Adequately Protect Sexual Harassment Plaintiffs From Embarrassing Exposure, Andrea A. Curcio

Faculty Publications By Year

No abstract provided.

Go to article

State Common-Law Choice-Of-Law Doctrine And Same-Sex "Marriage": How Will States Enforce The Public Policy Exception?, L. Lynn Hogue Jan 1998

State Common-Law Choice-Of-Law Doctrine And Same-Sex "Marriage": How Will States Enforce The Public Policy Exception?, L. Lynn Hogue

Faculty Publications By Year

Growth in the number of states legalizing same-sex marriages and civil unions that increasingly mirror the rights afforded married partners has brought renewed focus on the issue of extra-territorial recognition of those relationships. The public policy exception is a primary, state-law-based impediment to the recognition of foreign marriages that do not conform to the forum state's definition of marriage. This article discusses the role of the public policy exception in rejecting recognition of foreign marriages and argues that the public policy exception has constitutional underpinnings that are rooted in principles of federalism and the protection of state sovereignty which inheres …

Go to article

Schools: Lessons From The Agreement, Jerry Tyrrell, Brendan Hartop, Seamus Farrell Jan 1998

Schools: Lessons From The Agreement, Jerry Tyrrell, Brendan Hartop, Seamus Farrell

Fordham International Law Journal

This article discusses how education will help lead to the success of the Multi-Party Negotiations, which attempt to resolve the conflict in Ireland. Citizenship development can teach values such as tolerance, care, and respect for others as equals. Education can promote movement from the rhetoric to the practice of collaboration and encourage participative democracy. Education can also be a foundation for social harmony.

Go to article

Hearing Voices: Why The Academy Needs Clinical Scholarship, Clark D. Cunningham Jan 1998

Hearing Voices: Why The Academy Needs Clinical Scholarship, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.

Go to article

A Century Lost: The End Of The Originalism Debate, Eric J. Segall Jan 1998

A Century Lost: The End Of The Originalism Debate, Eric J. Segall

Faculty Publications By Year

Focuses on the originalism debate on the constitutional law of the United States. Contemporary debate; Analysis on the debate; Views an arguments on originalism.

Go to article

Women, War, And Words: The Gender Component In The Permanent International Criminal Court's Definition Of Crimes Against Humanity, Brook Sari Moshan Jan 1998

Women, War, And Words: The Gender Component In The Permanent International Criminal Court's Definition Of Crimes Against Humanity, Brook Sari Moshan

Fordham International Law Journal

This Comment addresses the intersection of gender issues and human rights law as illustrated by the formation of the permanent ICC. Specifically, it argues that the inclusion of gender- motivated crimes in the ICC's definition of crimes against humanity was necessary to emphasize women's wartime experiences and injuries, but that such inclusion is not enough to ensure gender justice as the ICC begins to prosecute war crimes and crimes against humanity. Part I of this Comment discusses the concept of gender-based crimes and illustrates these crimes through recent examples of gender-based violence. It also reviews the history of the ICC, …

Go to article

1948-1998 : The Universal Declaration Of Human Rights And The Statute Of The International Criminal Court, Adriaan Bos Jan 1998

1948-1998 : The Universal Declaration Of Human Rights And The Statute Of The International Criminal Court, Adriaan Bos

Fordham International Law Journal

I am pleased to comply with the request of the Editorial Board of the Fordham International Law Journal to introduce the readers to Book II of Volume 22, devoted to international human rights. This year we celebrate two important events: the adoption in Rome of the Statute of the International Criminal Court ("Rome Statute"), and the Fiftieth Anniversary of the Universal Declaration of Human Rights ("Universal Declaration"). Both events are very closely linked to one other. The adoption of the Rome Statute can be considered an implementation of part of the Universal Declaration. Many articles of the Rome Statute can …

Go to article

Defining Crimes Against Humanity In The Rome Statute Of The International Criminal Court, Phylilis Hwang Jan 1998

Defining Crimes Against Humanity In The Rome Statute Of The International Criminal Court, Phylilis Hwang

Fordham International Law Journal

In Part I, this Article surveys the evolution of crimes against humanity. This part reviews interpretations of crimes against humanity by post-World War II tribunals, national courts, and the International Law Commission ("ILC"). Part II examines the formulation of crimes against humanity in the statutes that established the International Criminal Tribunals for the former Yugoslavia ("ICTY") and the International Criminal Tribunal for Rwanda ("ICTR"). It also looks at how the reports issued in connection with the ICTY statute and the case law from the ICTY dealt with crimes against humanity. Part III draws some preliminary conclusions regarding the status of …

Go to article

Trademark Law And Parallel Imports In A Globalized World--Recent Developments In Europe With Special Regard To The Legal Situation In The United States, Carl Baudenbacher Jan 1998

Trademark Law And Parallel Imports In A Globalized World--Recent Developments In Europe With Special Regard To The Legal Situation In The United States, Carl Baudenbacher

Fordham International Law Journal

This Article discusses the historic course of recent events insofar as it first describes the Maglite decision of the European Free Trade Association Court. Second, it summarizes the opinion of the Advocate General and the judgment of the Court of Justice of the European Com- munities in the Silhouette case. Part III focuses on the development of the law in the European Union ("EU") and European Economic Area ("EEA") Member States, as well as in the EU and in the EEA before Silhouette and Maglite. In Part IV, comments are made with regard to the reasons given in Maglite …

Go to article

Transparency- Not Just A Vogue Word, Bo Vesterdorf Jan 1998

Transparency- Not Just A Vogue Word, Bo Vesterdorf

Fordham International Law Journal

I therefore intend to focus my attention on transparency issues as they relate to the decision-making process and leave out those issues relating to the legislative process. Moreover, I shall restrict myself to examining a few selected issues concerning the topic and shall base my examination principally on some of the more recent judgments of the Court of First Instance and the Court of Justice of the European Communities (together, “Community Courts”).

Go to article

Regulation Of The Turkish Straits: Unclos As An Alternative To The Treaty Of Montreux And The 1994 Maritime Traffic Regulations For The Turkish Straits And Marmara Region, Serge V. Pavlyuk Jan 1998

Regulation Of The Turkish Straits: Unclos As An Alternative To The Treaty Of Montreux And The 1994 Maritime Traffic Regulations For The Turkish Straits And Marmara Region, Serge V. Pavlyuk

Fordham International Law Journal

This Note discusses the need for a modern international legal regime that would address navigational and environmental safety in the Turkish Straits in a manner consistent with customary international law of the transit passage through the straits used for international navigation. Part I provides an overview of the recent history of the Turkish Straits and the legal regimes regulating navigation in the Turkish Straits and other straits used for international navigation. Part II explores the positions and arguments of the parties involved in the dispute over the legality of the 1994 Turkish Regulations. Part III proposes that the circumstances surrounding …

Go to article

Toward Peace In Northern Ireland, George J. Mitchell Jan 1998

Toward Peace In Northern Ireland, George J. Mitchell

Fordham International Law Journal

That is one side of the coin of liberty. When we adjourned for the Christmas holiday the prospects were bleak. It was in mid-February 1998, on the flight from Dublin back to the United States, that I began to devise a plan to establish an early deadline for an end to the talks. He stayed up all night at the White House, telephoning several of the delegates at critical times in the final hours of negotiation. Most importantly for its survival, the agreement was overwhelmingly endorsed by the people of Ireland, North and South, in a free and democratic election. …

Go to article

To Cherish A Just And Lasting Peace, Gerry Adams Jan 1998

To Cherish A Just And Lasting Peace, Gerry Adams

Fordham International Law Journal

In the opening line of the diary that he kept during the first three weeks of his hunger strike, republican prisoner Bobby Sands, who died after fifty-five days on strike, wrote: "I am standing on the threshold of another trembling world." This system has created a unionist one party state that has rejected basic principles of democracy, justice, and equality. Throughout the development of our peace strategy and the talks process, republicans pursued the peace process in the context of our republican analysis of the situation and with a solid strategy to meet all of the difficulties head on. In …

Go to article

Why Decommissioning Is A Real Issue, John Bruton Jan 1998

Why Decommissioning Is A Real Issue, John Bruton

Fordham International Law Journal

The Nationalist minority in Northern Ireland is protected by the Agreement. One of the principles to which both Sinn Fein and the Progressive Unionist Party agreed in 1997 was that they gave their "total and absolute commitment to the total disarmament of all paramilitary organisations." It is important for a U.S. audience to understand that those of us in Ireland who are concerned to maintain certain basic norms of representative democracy have good reasons to insist on the principle of the decommissioning of paramilitary weapons, regardless of who the weapons are held by, or for what motive. But if one …

Go to article

Beyond The "Band-Aid" Approach: An Alliance Party Perspective Upon The Belfast Agreement, Stephen Farry, Sean Neeson Jan 1998

Beyond The "Band-Aid" Approach: An Alliance Party Perspective Upon The Belfast Agreement, Stephen Farry, Sean Neeson

Fordham International Law Journal

In the absence of a ready-made solution that could be adopted by the people of Northern Ireland, or a magical formula from the British and Irish Governments, the only alternative lay in locally-mandated political parties negotiating a political agreement. This alternative in turn entailed a common recognition that the zero-sum politics of "winner takes all" ultimately leaves everyone a loser. An accommodation, while requiring each party to sacrifice some of its aspirations, stood to benefit Northern Ireland society as a whole.

Go to article

Peace Agreement - Or Last Piece In A Sellout Agreement?, Ian Paisley Jan 1998

Peace Agreement - Or Last Piece In A Sellout Agreement?, Ian Paisley

Fordham International Law Journal

Indeed, it is the distress caused by the content of the Agreement that has provoked such widespread alarm and division within Unionism. The proposals contained in the Agreement are not remarkably new in content, but they now have the endorsement of those who were previously opposed to such mechanisms that will fundamentally undermine the status of Northern Ireland within the Union and impose a system of government so alien that it is far removed from any known concept of democracy and fairness. According to the author's copy of the Mitchell draft, the UUP lost out on the number of seats …

Go to article

The Northern Ireland Human Rights Commission, Stephen Livingstone Jan 1998

The Northern Ireland Human Rights Commission, Stephen Livingstone

Fordham International Law Journal

The extent of these powers [...powers to scrutinize proposed legislation before the Northern Ireland Assembly for its compliance with human rights standards, to assist litigants in bringing human rights complaints before the courts, and to conduct investigations into matters that give rise to human rights concerns...advising the Secretary of State for Northern Ireland as to whether any additional human rights, beyond those to be introduced for the whole of the United Kingdom by the Human Rights Act 1998, should be included in a Bill of Rights specific to Northern Ireland...], and their adequacy to the task that the Commission is …

Go to article

Prisoners, The Agreement, And The Political Character Of The Northern Ireland Conflict, Kieran Mcevoy Jan 1998

Prisoners, The Agreement, And The Political Character Of The Northern Ireland Conflict, Kieran Mcevoy

Fordham International Law Journal

This Essay first explores the historical context of prisoner release in Ireland, North and South. Second, the role of prisoners in the process of conflict resolution in the 1990s is examined in the periods before and after the breakdown of the first IRA cease- fire. The provisions within the Good Friday Agreement and subsequent legislation are then analyzed in so far as they relate to prisoner release as an incentive for peace among organizations outside the peace process, decommissioning, the victims of violence, and prisoner reintegration. Finally, this Essay argues that the "prisoner issue" represents a crucial acknowledgement by the …

Go to article

Constitutionalism And Change: Representation, Governance, And Participation In The New Northern Ireland, John Morison Jan 1998

Constitutionalism And Change: Representation, Governance, And Participation In The New Northern Ireland, John Morison

Fordham International Law Journal

This Essay assesses the achievement of restoring representative government and also considers whether this is enough given the changes that have occurred since last there was devolved government in Northern Ireland. Finally, it examines those aspects of the Agreement that can be developed in line with a view that the constitution should now be seen much less as a structure of rule than a framework for rule within the wider task of democratizing democracy in the new Northern Ireland.

Go to article

Does The Ec Council Directive No. 95/46/Ec Mandate The Use Of Anonymous Digital Currency?, Julia Alpert Gladstone Jan 1998

Does The Ec Council Directive No. 95/46/Ec Mandate The Use Of Anonymous Digital Currency?, Julia Alpert Gladstone

Fordham International Law Journal

This Essay focuses on the relationship between the privacy and the retail payment systems on the Internet. Part I of this Essay reviews several payment mechanisms that are in use or that have been introduced for retail commerce on the Internet. The description is not intended to offer a thorough study of the technology, but rather to highlight the data trail that is created under each method. Part II reviews the relevant statutory and self-regulatory mechanisms that have been applied to the Internet to ensure privacy. This leads to a discussion of the European Community's data protection directive, Council Directive …

Go to article

Documentary Credit Law And Practice In The Global Information Age, Jacqueline D. Lipton Jan 1998

Documentary Credit Law And Practice In The Global Information Age, Jacqueline D. Lipton

Fordham International Law Journal

Documentary letters of credit have historically been an important and popular method of payment in international trading transactions. In fact, they have been described as the "lifeblood of international commerce." A number of uniform international practices have developed for their use, many of which are codified in international rules such as Uniform Customs and Practice for Documentary Credits. In the global information age, as the nature of international commerce changes, so too must the operation of such payment mechanisms. With the increase in electronic trading, the "documentary" nature of these credits may require some revision. This Essay examines ways in …

Go to article

Rethinking Mcclesky V. Kemp: How U.S. Ratification Of The International Convention On The Elimination Of All Forms Of Racial Discrimination Provides A Remedy For Claims Of Racial Disparity In Death Penalty Cases, Robin H. Gise Jan 1998

Rethinking Mcclesky V. Kemp: How U.S. Ratification Of The International Convention On The Elimination Of All Forms Of Racial Discrimination Provides A Remedy For Claims Of Racial Disparity In Death Penalty Cases, Robin H. Gise

Fordham International Law Journal

This Note addresses U.S. obligations under CERD in the context of racial disparity in the imposition of the death penalty and proposes courses of domestic and international action. Part I examines the historical racial disparity in the imposition of the death penalty in the United States. It discusses the U.S. Supreme Court's decision in McClesky to deny relief to a death row inmate who demonstrated that race influenced whether a death sentence was imposed. Part I also explores the development of CERD and discusses CERD's standard for proving discrimination based on a showing of racially discriminatory effect. Finally, Part I …

Go to article

Removing Drug Lords And Street Pushers: The Extradition Of Nationals In Colombia And The Dominican Republic, Joshua H. Warmund Jan 1998

Removing Drug Lords And Street Pushers: The Extradition Of Nationals In Colombia And The Dominican Republic, Joshua H. Warmund

Fordham International Law Journal

This Comment explores the interplay between drug trafficking and extradition policy in the U.S.-Latin American-Caribbean region by focusing upon the recent legal shift in Colombia and the Dominican Republic. Part I describes the status of current international extradition law, focusing on modern extradition policy. In particular, this part details the respective extradition treaties of Colombia and the Dominican Republic with the United States. Part I also explores the roles that these two nations assume trafficking drugs into the United States and highlights the corresponding U.S. anti-drug enforcement response. Finally, Part I examines the challenges that drug trafficking and certain anti-drug …

Go to article

The Amsterdam Treaty: Overview And Institutional Aspects, Jean-Claude Piris, Giorgio Maganza Jan 1998

The Amsterdam Treaty: Overview And Institutional Aspects, Jean-Claude Piris, Giorgio Maganza

Fordham International Law Journal

The overall picture presented by the media regarding the two day and two night Amsterdam meeting of the Heads of State and Government in June 1997 was largely negative. The main reason for the negativity was that the Intergovernmental Conference (“IGC”), by failing to agree on Treaty amendments concerning the size of the Commission and the weighting system for qualified majority voting in the Council, supposedly could not produce satisfactory responses as to the need to reform the institutions of the European Union with a view to its next enlargement. Is this picture justified in light of the actual outcome …

Go to article

First Prev Next Last