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That "S" Word: Sovereignty, and Globalization, and Human Rights, Et Cetera

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That Fordham Law Review Volume 68 Issue 1 Article 1 1999 That "S" Word: Sovereignty, and Globalization, and Human Rights, Et Cetera Louis Henkin Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Louis Henkin, That "S" Word: Sovereignty, and Globalization, and Human Rights, Et Cetera, 68 Fordham L. Rev. 1 (1999). Available at: https://ir.lawnet.fordham.edu/flr/vol68/iss1/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. That "S" Word: Sovereignty, and Globalization, and Human Rights, Et Cetera Cover Page Footnote LL.B., Harvard, 1940; L.H.D., Yeshiva, 1963; LL.D., Columbia, 1995. Louis Henkin is University Professor Emeritus and Special Service Professor at Columbia University. Professor Henkin is also Chair of the Center for the Study of Human Rights at Columbia, and Director of Columbia Law School's Human Rights Institute. He is widely recognized as a leading authority on international law, the law of United States foreign relations, United States constitutional law, and international and comparative human rights. He served with the Department of State from 1948 to 1956 in the United Nations Bureau and the Office of NATO Affairs. Professor Henkin represented the United States on the committee drafting the Refugee Convention and on delegations to the United Nations and international conferences. He was the president of the American Society of International Law from 1992 to 1994 and served on the Advisory Panel on International Law for the United States Department of State from 1967 to 1969, 1975 to 1980, and 1993 to the present. Professor Henkin was the co-editor-in-chief of the American Journal of International Law from 1976 to 1984, and chief reporter of the Restatement (Third) of the Foreign Relations Law of the United States. This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol68/iss1/1 FORDHAM LAW REVIEW Volume 68 1999-2000 FORDHAM LAW REVIEW VOLUME LXVIII OCTOBER 1999 NUMBER 1 CONTENTS LECTURE THE ROBERT L. LEVINE DISTINGUISHED LECTURE SERIES THAT "S" WORD: SOVEREIGNTY, AND GLOBALIZATION, AND HUMAN RIGHTS, ET CETERA ............... Louis Henkin 1 ARTICLES SPIN-OFS, FIDUCIARY DUTY, AND THE LAW .......................... Edward S. Adams 15 Arijit Mukherji URBAN SPRAWL, FEDERALISM, AND THE PROBLEM OF INSTITUTIONAL COMPLEXITY .......... William W. Buzbee 57 NOTES IF You BUILD IT, CAN THEY SUE? ARcHrrEars' LIABILrrY UNDER TITLE III OF THE ADA .................. James P. Colgate 137 FROM PILL-COUNTING TO PATIENT CARE: PHARMACISTS' STANDARD OF CARE IN NEGLIGENCE LAw .......... Lauren Fleischer 165 STATE SOVEREIGN IMMUNITY AND THE FALSE CLAIMS ACT: RESPECTING THE LIMITATIONS CREATED BY THE ELEVENTH AMENDMENT UPON THE FEDERAL COURTS ...................... James Y. Ho 189 THE EFFECT OF ARTICLE 10bis OF THE PARIS CONVENTION ON AMERICAN UNFAIR COMPETITION LAW ............. Patricia V. Norton 225 FORDHAM LAW REVIEW VOLUME LXVIII OCTOBER 1999 NUMBER 1 EDITORIAL BOARD CHRISTOPHER S. BRENNAN Editor-in-Chief JASON D. MYERS Managing Editor LESLEY E. WILLIAMS JOHN C. RoT-HERMICH Senior Articles Editor KRISTIN D. KIEHN Senior Articles Editor Writing & Research Editor JAMES P. COLGATE Special Issues Editor DAVID AARON LAUREN E. FLEISCHER CAROLYN H. JACKSON Notes & Articles Editor Notes & Articles Editor Notes & Articles Editor CARLA S. COPELAND JESSICA R. GIVELBER ANNE M. McCARTHY Notes & Articles Editor Notes & Articles Editor Notes & Articles Editor MICHAEL Q. ENGLISH JAMES Y. Ho PATRICIA V. NORTON Notes & Articles Editor Notes & Articles Editor Notes & Articles Editor ASSOCIATE EDITORS Amy P. CHIANG JENNIFER L. CoMrro ANTHONY J. MAHAJAN GEORGE K. FUIAXIS MEMBERS KEISHA M. AMEY HmARY R. KArLEMAN GINA A. PORTO MARK E. BINI LILIAN W. LAU ALLISON B. ROARTY ROBERT J. BURNS RACHEL M. LAVEMAN MICHAEL H. ROSNER ERIC J. CLEARY CHARISSE M. LEE AARON M. RUBIN TIMOTHY M. CONCANNON MARIA A. Luoi OLArrTAN B. SENBANJO JOSHUA B. DERINGER JILL H. McCLURE LEIGH S. SINGER DAVID S. ESCOFFERY FRANK McCREAY DEBORAH A. SINNOTT JOSEPH FLORIANI MATTHEW F. MUSSELMAN MICHAEL SUNWOO TIMOTHY E. FRANZEN STEVEN H. ORNSTEIN MATTrHEW N. TOBIAS ARYEH S. GOLDMAN DoMINIQUE F. PASQUALE WENDY E. WARD KATHLEEN S. GRANT GLENN S. PFEIFFER BRENDAN G. WOODARD DEDE A. JAWDE NATALiA PORCELLI ANDREW S. WURZ3URGER STAFF KATHRYN E. ABATE DANA FRrrz KATHLEEN MCCABE Scoirr C. BAGLIO ADAM 0. GliST BARBoRA L. MORINO KAREN E. BROWN MEIR R. GROSSMAN BRIAN J. MULCAHY JENNIFER E. BURNS JENNIFER GUTrrERMAN MOLLY R. MURPHY ALLEN W. BURTON SHERRY L. HALL JAMIE L. NASH MILES R. CHATAIN MATTHEW T. HIGGINS JAY H. PARK, JR. DUTCH D. CHUNG TODD A. HIGGINS JOHN A. PISKORA SUSANNA Y. CHUNG CLAIRE E. HORGAN WENDY POLLACK MICHAEL COHEN SIMONA KANEVSKI JOSHUA D. RAND BRIAN L. CONDON JASON KAPLAN CHRISTOPHER J.ROBINSON RICHARD T. COSGROVE LINDA D. KELLY NICOLE SABADO EVAN A. CREUTZ HOWARD M. KLEIN MATTHEW P. SALERNO STACY L. DALY DARRYL H. KOWAL JUSTIN S. STERN EDWIN M. DELANEY BENJAMIN E. KozANN DAVID D. SUH JENNIFER FIDLON-BUGAT JOSHUA KRAKOWSKY BETSY C. TSAI MEREDITH J. FRIED LISA M. KURCIAS RANDIE ULLMAN Ross B. GALIN MILE T. KURTA MARIANNA VAYNER JUSTIN GARROD MOSHE LAZARUS DOUGLAS T. WER ANDREW LEWNER JOSEPH PERILLO KATHLEEN KILPATRICK Faculty Advisor FinancialAdministrator FORDHAM LAW REVIEW VOLUME LXVIII NOVEMBER 1999 NUMBER 2 CONTENTS LECTURE THE ROBERT L. LEVINE DISTINGUISHED LECTURE SERIES REFORMING SCHOOL REFORM ................. Martha Minow 257 ARTICLES PRIOR RESTRAINT, INCOMMENSURABILITY, AND THE CONSTITUTIONALISM OF MEANS ................................ Ariel L. Bendor 289 MORE LESSONS FROM THE LABORATORIES: CY PRES DISTRIBUTIONS IN PARENS PA TRIAE ANTITRUST ACONS BROUGHT BY STATE ATTORNEYS GENERAL .............................. Susan Beth Farmer 361 THE JURY'S ROLE IN DECIDING NORMATIVE ISSUES IN THE AMERICAN COMMON LAW ............................ Mark P. Gergen 407 NOTES THE FEDERAL BOAT SAFETY ACT OF 1971 AND PROPELLER STRIKE INJURIES: AN UNEXPECTED EXERCISE IN FEDERAL PREEMPTION .................... Amy P. Chiang 487 A PROSECUTOR'S USE OF INCONSISTENT FACTUAL THEORIES OF A CRIME IN SUCCESSIVE TRIALS: ZEALOUS ADVOCACY OR A DUE PROCESS VIOLATION? . Michael Q. English 525 FORDHAM LAW REVIEW VOLUME LXVIII NOVEMBER 1999 NUMBER 2 EDITORIAL BOARD CHRISTOPHER S. BRENNAN Editor-in-Chief JASON D. MYERS Managing Editor LESLEY E. WILLIAMS JOHN C. ROTHERMIcI Senior Articles Editor KRsrN D. KIEHN Senior Articles Editor Writing & Research Editor JAMES P. COLGATE Special Issues Editor DAVID AARON LAUREN E. FLEISCHER CAROLYN H. JACKSON Notes & Articles Editor Notes & Articles Editor Notes & Articles Editor CARLA S. COPELAND JESSICA R. GIVELBER ANNE M. MCCARTHY Notes & Articles Editor Notes & Articles Editor Notes & Articles Editor MICHAEL Q. ENGLISH JAMES Y. Ho PATRICIA V. NORTON Notes & Articles Editor Notes & Articles Editor Notes & Articles Editor ASSOCIATE EDITORS Amy P. CHIANG JENNIFER L. COMrrO ANTHONY J. MAHAJAN ERIC J. CLEARY GEORGE K. FUIAXIS ALLISON B. ROARTY MEMBERS KEISHA M. AMEY HILARY R. KASTLEMAN GINA A. PORTO MARK E. BINI LILLIAN W. LAU MICHAEL H. ROSNER ROBERT J. BURNS RACHEL M. LAVEMAN AARON M. RUIIN TIMOTHY M. CONCANNON CHARISSE M. LEE OLAITAN B. SENIBANJO JOSHUA B. DERINGER MARIA A. Luioi LEIGH S. SINOER DAVID S. ESCOFFERY JILL H. MCCLURE DEBORAH A. SINNOTr JOSEPH FLORIANI FRANK MCCREAY MICHAEL SUNWOO TIMOTHY E. FRANZEN MATrHEW F. MUSSELMAN MATTHEW N. TOBIAS ARYEH S. GOLDMAN STEVEN H. ORNSTEIN WENDY E. WARD KATHLEEN S. GRANT DOMINIQUE F. PASQUALE BRENDAN G. WOODARD DEDE A. JAWDE GLENN S. PFEIFFER ANDREW S. WURZIUROER NATALIA PORCELLI STAFF KATHRYN E. ABATE DANA FRITZ KATHLEEN MCCABE SCOT C. BAGLIO ADAM 0. GLIST BARBORA L. MORINO KAREN E. BROWN MEIR R. GROSSMAN BRIAN J. MULCAIIY JENNIFER E. BURNS JENNIFER GUTTERMAN MOLLY R. MURPHY ALLEN W. BURTON SHERRY L. HALL JAMIE L. NASH MILES R. CHATAIN MATTHEW T. HIGGINS JAY H. PARK, JR. DUTCH D. CHUNG TODD A. HIGGINS JOHN A. PISKORA SUSANNA Y. CHUNG CLAIRE E. HORGAN WENDY POLLACK MICHAEL COHEN SIMONA KANEVSKI JOSHUA D. RAND BRIAN L. CONDON JASON KAPLAN CHRISTOPHER J. ROBINSON RICHARD T. COSGROVE LINDA D. KELLY NICOLE SAIADO EVAN A. CREUTZ HOWARD M. KLEIN MATTHEW P. SALERNO STACY L. DALY DARRYL H. KOWAL JUSTIN S. STERN EDWIN M. DELANEY BENJAMIN E. KozmrN DAVID D. SUi JENNIFER FIDLON-BUGAT JOSHUA KRAKOWSKY BETSY C. TSAI MEREDITH J. FRIED LISA M. KURCIAS RANDIE ULLMAN Ross B. GALIN MILE T. KURTA MARIANNA VAYNER JUSTIN GARROD MOSHE LAZARUS DOUoLAS T. WEIR ANDREW LEWNER JOSEPH PERILLO KATHLEEN KILPATRICK Faculty Advisor FinancialAdministrator FORDHAM LAW REVIEW VOLUME LXVIII DECEMBER 1999 NUMBER 3 CONTENTS SYMPOSIUM The Independent Counsel Investigation, the Impeachment Proceedings, and President Clinton's Defense: Inquiries into the Role and Responsibilities of Lawyers FoREwORD .............................. Robert F. Drinan, S.J. 559 LUCIFER'S FIASCO: LAWYERS, LIARS, AND L'AFFAiRE LEWINSKY ................. Rob Atkinson 567 THE LEAK AND THE CRAFT: A HARD LINE PROPOSAL TO STOP UNACCOUNTABLE DISCLOSURES OF LAW ENFORCEMENT INFORMATION ............................. John Q. Barrett 613 IMPRUDENCE AND PARTISANSHIP: STARR'S OIC AND THE CLINTON- LEWINSKY AFFAIR ..................... Robert W. Gordon 639 PROPORTIONALITY AS AN ETHICAL PRECEPT FOR PROSECUTORS IN THEIR INVESTIGATIVE ROLE
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