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Articles 31 - 60 of 98
Full-Text Articles in Entire DC Network
Where Were The Accountants? Deepening Insolvency As A Means Of Ensuring Accountants' Presence When Corporate Turmoil Materializes, Lauren Colasacco
Where Were The Accountants? Deepening Insolvency As A Means Of Ensuring Accountants' Presence When Corporate Turmoil Materializes, Lauren Colasacco
Fordham Law Review
Managerial fraud and corporate mismanagement are pervasive in today's economic climate. Previously healthy coporation find themselves in economic turmoil and even in the throes of bankruptcy. Oftentimes these corporate failures can be prevented through responsible management and proper gatekeeping. Accountants, as vital intermediaries between corporations and the parties they do business with, ensure the credibility of corporate financial statements. This gatekeeping function cannot be underestimated. Accountants have the power to prevent corporation from taking on unnecessary debt via misstatements of corporate financial health. This Note proposes that the tort of deepening insolvency is a method of ensuring that accountants, by …
It's Been A Privilege: Advising Patients Of The Tarasoff Duty And Its Legal Consequences For The Federal Psychotherapist-Patient Privilege, Elisia Klinka
Fordham Law Review
State laws modeled on Tarasoff v. Regents of the University of California require psychotherapists to warn potential victims of law enforcement when treating dangerous patients who make serious threats of harm to another person. In practice, many psychotherapists advise their patients who make such threats about their duty under these Tarasoff-model laws. Although they are not required to make these advisories by law, psychotherapists generaly assume that they asldo have a concomitant ethical duty to advise their patients taht such threats will not be kept confidential, as their communications normally world be. This Note looks at how these advisories affect …
The Free Jammie Movement: Is Making A File Available To Other Users Over A Peer-To-Peer Computer Network Sufficient To Infringe The Copyright Owner's 17 U.S.C. § 106(3) Distribution Right?, Ken Nicholds
Fordham Law Review
Of the thousands of lawsuits brought by the Recording Industry Association of America against individuals for sharing music files over the Internet, the case of Jammie Thomas-Rasset was the first to complete a full jury trial. The judge vacated the intial judgment against Thomas-Rasset because he found, sua sponte, that he was mistaken when he instructed the jury that making a file available over a computer network for others to download is sufficient to find infringement of the exclusive distribution right of the copyright owner under 17 U. S. C. § 106(3). This Note argues that there is no making-available …
Some Thoughts About The Economics Of Settlement, John Bronsteen
Some Thoughts About The Economics Of Settlement, John Bronsteen
Fordham Law Review
No abstract provided.
Love They Neighbor: Should Religious Accommodations That Negatively Affect Coworkers' Shift Preferences Constitute And Undue Harship On The Employer Under Title Vii?, Rachel M. Birnbach
Love They Neighbor: Should Religious Accommodations That Negatively Affect Coworkers' Shift Preferences Constitute And Undue Harship On The Employer Under Title Vii?, Rachel M. Birnbach
Fordham Law Review
In applying Title VII, courts are often confronted with proposed religious accommodations that would negatively affect other employees and must decide whether such an accommodation amounts to an undue hardship on the employer. However, there is a conflict among circuit courts over the scope of an employer’s duty to accommodate religious employees when doing so would negatively affect coworkers’ scheduling preferences, outside the context of a collective bargaining agreement. The conflict turns on whether courts consider any negative impact on coworkers to amount to impermissible preferential treatment, or whether they require that the defendant demonstrate a more severe impact on …
When Cows Fly: Expanding Cognizable Injury-In-Fact And Interest Group Litigation, Robert Terenzi, Jr.
When Cows Fly: Expanding Cognizable Injury-In-Fact And Interest Group Litigation, Robert Terenzi, Jr.
Fordham Law Review
This Note takes an in-depth look at standing and, specifically, the extent to which increased risk of exposure to toxins caused by a government agency’s regulations constitutes a judicially cognizable injury-in-fact. Despite over a century of case law on the topic, standing doctrine remains in flux and ill defined, largely due to the constantly changing ideological makeup of the U.S. Supreme Court. The lower courts are divided on the question of whether increased risk of future harm constitutes an injury-in-fact. Using Baur v. Veneman as a case study, this Note argues for the expansion of the definition of injury-in-fact to …
Mediation Exceptionality, Jacqueline Nolan-Haley
Mediation Exceptionality, Jacqueline Nolan-Haley
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, The Corporate Lawyer's Role In A Contemporary Democracy, Colin Marks, Nancy B. Rapoport
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, The Corporate Lawyer's Role In A Contemporary Democracy, Colin Marks, Nancy B. Rapoport
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, Equalizers And Translators: Lawyers' Ethics In A Constitutional Democracy, Martin Bohmer
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Lawyer As Catalyst Of Social Change, James E. Moliterno
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Lawyer As Catalyst Of Social Change, James E. Moliterno
Fordham Law Review
No abstract provided.
User Innovator Community Norms: At The Bounds Between Academic And Industry Research, Katherine J. Strandburg
User Innovator Community Norms: At The Bounds Between Academic And Industry Research, Katherine J. Strandburg
Fordham Law Review
No abstract provided.
Transferring Innovation, Jay P. Kesan
Defending Demaree: The Ex Post Facto Clause's Lack Of Control Over The Federal Sentencing Guidelines After Booker, Daniel M. Levy
Defending Demaree: The Ex Post Facto Clause's Lack Of Control Over The Federal Sentencing Guidelines After Booker, Daniel M. Levy
Fordham Law Review
In 2005, the U.S. Supreme Court held that the Federal Sentencing Guidelines violated a defendant’s Sixth Amendment right to a jury trial because they allowed a judge to depart from a mandatory range based on facts not presented to a jury. As a solution, the Court modified the Guidelines to be “advisory,” yet curiously held that sentences were still subject to appellate review for reasonableness. Given this tension, U.S. courts of appeals are split on whether the Guidelines are “laws,” subject to the Ex Post Facto Clause of the U.S. Constitution. This Note argues that the Guidelines are advisory, given …
Reports Of The Subcommittee On Enhancing Mechanism For Service Delivery, Claudia Slovinsky
Reports Of The Subcommittee On Enhancing Mechanism For Service Delivery, Claudia Slovinsky
Fordham Law Review
No abstract provided.
What The Right Hand Gives: Prohibitive Interpretations Of The State Constitutional Right To Bail, Ariana Lindermayer
What The Right Hand Gives: Prohibitive Interpretations Of The State Constitutional Right To Bail, Ariana Lindermayer
Fordham Law Review
Most state constitutions include a right-to-bail provision, commonly phrased, “All persons shall be bailable by sufficient sureties except for [certain offenses] when the proof of guilt is evident or the presumption great.” This Note examines conflicting interpretations of the effect this provision has on the cases excluded from its guarantee—specifically, certain offenses when the proof is evident or presumption great. Some courts read this provision to be silent regarding the excepted cases, allowing the legislature and judiciary to decide whether to permit bail. Others reason that the plain language of this right to bail is prohibitive with respect to the …
"Free Seeds, Not Free Beer": Participatory Plant Breeding, Opensource Seeds, And Acknowledging User Innovation In Agriculture, Keith Aoki
Fordham Law Review
No abstract provided.
Marks Of Rectitude, Margaret Chon
An Analysis Of The Judicial Panel On Multidistrict Litigation's Selection Of Transferee District And Judge, Daniel A. Richards
An Analysis Of The Judicial Panel On Multidistrict Litigation's Selection Of Transferee District And Judge, Daniel A. Richards
Fordham Law Review
When civil cases involving one or more common questions of fact are pending in multiple district courts, 28 U.S.C. § 1407 empowers the Judicial Panel on Multidistrict Litigation (JPML) to centralize the cases in a single district court for pretrial proceedings. If the JPML chooses to centralize a multidistrict action, it possesses broad discretion to select a transferee district and judge. While many litigants believe that the selection of one transferee district or judge over another can significantly impact the outcome of the litigation, they often describe the JPML’s rationale supporting selection as opaque and the resulting selection decision as …
Toward A Duty-Based Theory Of Executive Power, David M. Driesen
Toward A Duty-Based Theory Of Executive Power, David M. Driesen
Fordham Law Review
This article develops a duty-based theory of executive power. This theory maintains that the Constitution seeks to instill a duty in all executive branch officers to faithfully execute the law. Conversely, the Constitution’s Framers and Ratifiers did not intend to empower the President to distinctively shape the law to suit his policy preferences or those of his party. Rather, they envisioned a model of “disinterested leadership” serving rule-of-law values. Because of the Ratifiers’ and Framers’ interest in preventing abuse of executive power, the Constitution obligates executive branch officials to disobey illegal presidential directives and creates a major congressional role in …
The Public Value Of Settlement, Samuel Issacharoff, Robert H. Klonoff
The Public Value Of Settlement, Samuel Issacharoff, Robert H. Klonoff
Fordham Law Review
No abstract provided.
Three Things To Be Against ("Settlement" Not Included), Michael Moffitt
Three Things To Be Against ("Settlement" Not Included), Michael Moffitt
Fordham Law Review
No abstract provided.
Securities Class Actions, Cafa And A Countrywide Crisis: A Call For Clarity And Consistency, Denise Mazzeo
Securities Class Actions, Cafa And A Countrywide Crisis: A Call For Clarity And Consistency, Denise Mazzeo
Fordham Law Review
The unfolding of the credit crisis raises novel issues in securities litigation. This Note explores the conflict between the nonremoval provision of the Securities Act of 1933 (’33 Act) and the removal provisions of the Class Action Fairness Act of 2005 (CAFA), and their interplay in the context of class actions involving mortgage-backed securities. Circuits are currently split over whether or not such class actions are removable under CAFA. The Seventh Circuit and the Southern District of New York have held that class actions asserting only ’33 Act claims are removable under CAFA unless they fall within one of CAFA’s …
The Regulation Of Creativity Under The Wipo Internet Treaties, Ruth L. Okediji
The Regulation Of Creativity Under The Wipo Internet Treaties, Ruth L. Okediji
Fordham Law Review
No abstract provided.
Revisiting Against Settlement: Some Reflections On Dispute Resolution And Public Values, Amy J. Cohen
Revisiting Against Settlement: Some Reflections On Dispute Resolution And Public Values, Amy J. Cohen
Fordham Law Review
Critics of Owen Fiss’s famous 1984 Against Settlement widely assumed that he indicted alternative dispute resolution (ADR) as intrinsically incapable of promoting public values. This essay, however, suggests that Fiss offered a socially and historically contingent prediction about ADR’s potential to undermine popular commitments to redistributive justice during a period of intense economic liberalization in the United States. To support this rereading, the essay considers how Fiss envisioned the promotion of public values in a different space and time—specifically in international contexts at the turn of this century. Here, he endorsed decentralized, deliberative, and extrajudicial processes, even if he did …
Protections For Electronic Communications: The Stored Communications Act And The Fourth Amendment, Alexander Scolnik
Protections For Electronic Communications: The Stored Communications Act And The Fourth Amendment, Alexander Scolnik
Fordham Law Review
As e-mail and other forms of electronic communications began becoming widely used, Congress recognized the need to protect these new forms of communication from impermissible intrusion. Unsure whether the flexible approach to determining the extent of Fourth Amendment protections as announced in Katz v. United States would extend to electronic communications, Congress enacted the Electronic Communications Privacy Act (ECPA) to ensure a baseline level of protection. This Note argues that the Fourth Amendment does extend to electronic communications and, therefore, the provisions of the ECPA that allow the government to access certain electronic communications without a search warrant are unconstitutional.
The Rights Of Divorced Lesbians: Interstate Recognition Of Child Custody Judgments In The Context Of Same-Sex Divorce, Kathryn J. Harvey
The Rights Of Divorced Lesbians: Interstate Recognition Of Child Custody Judgments In The Context Of Same-Sex Divorce, Kathryn J. Harvey
Fordham Law Review
This Note explores the issue of interstate recognition of child custody, which arises in the context of same-sex divorce. The Parental Kidnapping Prevention Act (PKPA) requires states to grant full faith and credit to all child custody orders; on the other hand, the Defense of Marriage Act (DOMA) allows states to deny full faith and credit to judgments “arising out of” same-sex marriage. This Note argues that DOMA partially repeals the PKPA, such that states need not grant full faith and credit to divorce and child custody decrees in the context of same-sex marriage. Further, this Note argues that because …
The Right Remedy For The Wrongly Convicted: Judicial Sanction For Destruction Of Dna Evidence, Cynthia E. Jones
The Right Remedy For The Wrongly Convicted: Judicial Sanction For Destruction Of Dna Evidence, Cynthia E. Jones
Fordham Law Review
Many state innocence protection statutes give courts the power to impose appropriate sanctions when biological evidence needed for postconviction DNA testing is wrongly destroyed by the government. Constitutional claims based on wrongful evidence destruction are governed by the virtually insurmountable “bad faith” standard articulated in Arizona v. Youngblood. The wrongful destruction of DNA evidence in contravention of state innocence protection laws, however, should be governed by the standards used to adjudicate other “access to evidence” violations in criminal cases, including disclosures mandated by the rules of criminal procedure, the Jencks Act, and Brady v. Maryland. Under the “access to evidence” …
Of Clusters And Assumptions: Innovation As Part Of A Full Trips Implementation, Daniel Gervais
Of Clusters And Assumptions: Innovation As Part Of A Full Trips Implementation, Daniel Gervais
Fordham Law Review
No abstract provided.
Regulating Immigration Legal Service Provider: In Adequate Representation And Notario Fraud, Careen Shannon
Regulating Immigration Legal Service Provider: In Adequate Representation And Notario Fraud, Careen Shannon
Fordham Law Review
Immigrants are often easy prey for bogus or incompetent attorneys, "notarios," scam artists, and other bad actors who take advantage of immigrants' limited knowledge of U.S. law, lack of English fluency, and lack of cultural knowledge to charge exorbitant fees for wild promises of green cards and citizenship that the bad actors annot-or in some cases never inteded to-deliver. Such exploitation is merely a symptom, however, of the larger prolem of inadequate access to competent legal counsel by foreign nationals seeking to navigate our labyrinthine scheme of immigration laws, regulations, and policies. ontrary to popular belief, not all of these …
Unbundling Fair Uses, Pamela Samuelson
Unbundling Fair Uses, Pamela Samuelson
Fordham Law Review
The copyright fair use caselaw is more coherent and more predictable than many commentators seem to believe. Fair use cases tend to fall into common patterns, or what this Article calls policy-relevant clusters. The policies underlying modern fair use law include promoting freedom of speech and of expression, the ongoing progress of authorship, learning, access to information, truth telling or truth seeking, competition, technological innovation, and the privacy and autonomy interests of users. If one analyzes putative fair uses in light of cases previously decided in the same policy cluster, it is generally possible to predict whether a use is …