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Articles 1 - 17 of 17
Full-Text Articles in Entire DC Network
Lawyers And The Lies They Tell, Bruce A. Green, Rebecca Roiphe
Lawyers And The Lies They Tell, Bruce A. Green, Rebecca Roiphe
Faculty Scholarship
The law holds lawyers to a more demanding standard of conduct than others when it comes to aspects of their fiduciary relationships with courts and clients. For instance, states can sanction lawyers for some speech inside a courtroom that would be protected if uttered by a non-lawyer. This Article explores whether lawyers’ free speech rights should also be different from those of other speakers when lawyers, acting on their own behalf, participate in political discourse. Applying the current First Amendment framework, the authors question the bar’s assumption that, simply because lawyers are subject to rules of professional conduct, courts can …
Intellectual Property And The Prisoner’S Dilemma: A Game Theory Justification Of Copyrights, Patents, And Trade Secrets, Adam D. Moore
Intellectual Property And The Prisoner’S Dilemma: A Game Theory Justification Of Copyrights, Patents, And Trade Secrets, Adam D. Moore
Fordham Intellectual Property, Media and Entertainment Law Journal
In this article, I will offer an argument for the protection of intellectual property based on individual self-interest and prudence. In large part, this argument will parallel considerations that arise in a prisoner’s dilemma game. In brief, allowing content to be unprotected in terms of free access leads to a sub-optimal outcome where creation and innovation are suppressed. Adopting the institutions of copyright, patent, and trade secret is one way to avoid these sub-optimal results.
Filling The Gaps In Canada's Climate Change Strategy: "All Litigation, All The Time…"?, Cameron Jefferies
Filling The Gaps In Canada's Climate Change Strategy: "All Litigation, All The Time…"?, Cameron Jefferies
Fordham International Law Journal
This Article is organized into five parts. Part I situates Canada’s climate change experience. In Part II, Canada’s regulatory response to climate change and its gaps are positioned within a troubling ongoing federal retreat from the environmental arena that seems to favor resource extraction and export. Parts III to V discuss the possibility for increased human rights-based climate litigation in the Canadian context—even in light of past failures—and consider an emerging public law approach. The Article concludes by commenting on the prospect of the climate change problem playing out in Canadian courts.
Adjusting Rights And Balancing Values, T. M. Scanlon
Adjusting Rights And Balancing Values, T. M. Scanlon
Fordham Law Review
No abstract provided.
Relationship Between Obligations And Rights Of Citizens, William N. Eskridge, Jr.
Relationship Between Obligations And Rights Of Citizens, William N. Eskridge, Jr.
Fordham Law Review
No abstract provided.
Rights, Capabilities, And The Good Society, Robin West
Rights, Capabilities, And The Good Society, Robin West
Fordham Law Review
No abstract provided.
Protecting The Rights And Interests Of Competent Minors In Litigated Medical Treatment Disputes, Susan D. Hawkins
Protecting The Rights And Interests Of Competent Minors In Litigated Medical Treatment Disputes, Susan D. Hawkins
Fordham Law Review
No abstract provided.
The Contract Of Employment And The Rights Of Individual Employees: Fair Representation And Employment At Will, Clyde W. Summers
The Contract Of Employment And The Rights Of Individual Employees: Fair Representation And Employment At Will, Clyde W. Summers
Fordham Law Review
No abstract provided.
The Contract Of Employment And The Rights Of Individual Employees: Fair Representation And Employment At Will, Clyde W. Summers
The Contract Of Employment And The Rights Of Individual Employees: Fair Representation And Employment At Will, Clyde W. Summers
Fordham Law Review
No abstract provided.
Construction Loan Advances And The Subordinated Purchase Money Mortgagee: An Appraisal, A Suggested Approach, And The Ulta Perspective, Gerald Korngold
Construction Loan Advances And The Subordinated Purchase Money Mortgagee: An Appraisal, A Suggested Approach, And The Ulta Perspective, Gerald Korngold
Fordham Law Review
No abstract provided.
Administrative Agencies And The Rites Of Due Process: Alternatives To Excessive Litigation, Daniel Lee Feldman
Administrative Agencies And The Rites Of Due Process: Alternatives To Excessive Litigation, Daniel Lee Feldman
Fordham Urban Law Journal
With the growth of courtroom litigation, it has become necessary for congress to look to administrative agencies to act in an adjudicative nature. In expanding the role of administrative agencies for efficiency and economic concerns, it is particularly important to still consider the due process rights of citizens. This article addresses the need to balance the procedural due process rights of individuals with the use of administrative agencies to eliminate or at the very least reduce excessive litigation.
Habeas Corpus And The Indigent Mental Patient In New York
Habeas Corpus And The Indigent Mental Patient In New York
Fordham Law Review
No abstract provided.
Interrogation Of Criminal Defendants—Some Views On Miranda V. Arizona
Interrogation Of Criminal Defendants—Some Views On Miranda V. Arizona
Fordham Law Review
The decision in Miranda v. Arizona is another of the United States Supreme Court's major efforts directed at the protection of individual liberties. The tremendous controversy engendered by the decision prompted the Editorial Board to invite a number of scholars to express their views on the case. These remarks follow a digest of the opinion of the Court.
The Surety's Rights To Money Retained From Payments Made On A Public Contract
The Surety's Rights To Money Retained From Payments Made On A Public Contract
Fordham Law Review
No abstract provided.
Municipal Conflicts Of Interest: Rights And Remedies Under An Invalid Contract, Richard B. Lillich
Municipal Conflicts Of Interest: Rights And Remedies Under An Invalid Contract, Richard B. Lillich
Fordham Law Review
No abstract provided.
Religious Liberty And The Supreme Court Of The United States, Godfrey P. Schmidt
Religious Liberty And The Supreme Court Of The United States, Godfrey P. Schmidt
Fordham Law Review
No abstract provided.
Voting Rights And The Doctrine Of Corporate Entity, I. Maurice Wormser
Voting Rights And The Doctrine Of Corporate Entity, I. Maurice Wormser
Fordham Law Review
No abstract provided.