REMEMBERING ROGER GOEBEL (1936-2018)

On behalf of Fordham University School of Law (“Fordham Law” or “the Law School”) and the Fordham International Law Journal (“the Journal”), I am honored to dedicate this Issue of the Journal to the memory of Roger J. Goebel, one of Fordham Law’s most beloved professors and a titan of European Union Law. Roger passed Read More …

REMARKS ON ADVOCACY BEFORE THE UNITED STATES COURT OF INTERNATIONAL TRADE

There seems to be a prevailing assumption that advocacy before the United States Court of International Trade (CIT or the court) somehow differs from advocacy in general. I suggest that to a large degree it does not. Despite the similarities to practice in other courts, there are a few matters worth noting about practice in Read More …

REMARKS DELIVERED ON THE OCCASION OF THE SEVENTY-FIFTH ANNIVERSARY OF FORDHAM LAW SCHOOL OCTOBER 1, 1980

Although my work is largely with international lawyers, I often meet lawyers from many walks of life and am struck by how many lawyers seem to doubt the very existence of international law. Layman though I am, I want to lay that misconception to rest. Law is the warp and woof of the fabric that Read More …

REJECTING THE THEISM TEST IN ENGLAND AND THE UNITED STATES IN PROPERTY TAX EXEMPTION CASES

This Note will examine the tax exemption for property used in religious worship in its English and American settings. Analysis of the scope of the exemption in England will review the history of the exemption and its present application. The discussion of the exemption in the United States will focus on constitutional considerations. The theism Read More …

REFORMING THE APPROACH TO POLITICAL OPINION IN THE REFUGEES CONVENTION

The number of displaced persons in the world is at an unprecedented high. There are more than seventy million people in the world that are currently searching for a place to live. To put this into context, if these people were all in the one country it would be the nineteenth biggest country in the Read More …

RECOGNIZING THE NEED FOR INTERNATIONAL EXCLUSION OF PLEASURE CRAFT FROM LIMITATION OF LIABILITY STATUTES

This Note explores the existing limitation laws followed in the United States and other countries and demonstrates that these laws have been applied unjustifiably to pleasure craft. It discusses the proposed limitation alternatives and their treatment of the pleasure craft limitation issue and offers a workable definition of pleasure craft, which can be used as Read More …

RECENT CANADIAN BLOCKING LEGISLATION: A VEHICLE TO FOSTER EXTRATERRITORIAL DISCOVERY COOPERATION BETWEEN THE UNITED STATES AND CANADA?

This Note argues that the adoption of FEMA should signal to the United States that there is a need for a formalized agreement with Canada to minimize future discovery conflicts in civil litigation. Part I analyzes the trend in the United States federal courts towards enforcement of extraterritorial discovery orders. Part II discusses the ineffectiveness Read More …

RAILCARS FROM CANADA: A MISAPPLICATION OF THE COUNTERVAILING DUTY LAW

This Note examines the countervailing duty law and how it was applied in Railcars. Part I discusses the MTA’s decision to award the subway car contract to Bombardier, Inc., a Canadian corporation. The countervailing duty proceeding and other legal actions initiated in response to the allegedly subsidized contract are also described. Part II provides a Read More …