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Articles 1 - 30 of 47
Full-Text Articles in Law
The Societas Europea: The Evolving European Corporation Statute, Terence L. Blackburn
The Societas Europea: The Evolving European Corporation Statute, Terence L. Blackburn
Fordham Law Review
In this Article, Professor Blackburn examines and evaluates the Commission of the European Community's 1991 proposed European corporation statute, which represents the Commission's latest endeavor into creating a new form of business organization that possesses a European identity independent of the laws of the member states that comprise the European Economic Community. Professor Blackburn argues that this proposal fails because it places too much reliance on member state law for matters of basic structure and management, and therefore incorporates by reference the material variations in company law that exist among the member states. Professor Blackburn moreover contends that this proposal …
Competition For Corporate Charters And The Lesson Of Takeover Statutes, Roberta Romano
Competition For Corporate Charters And The Lesson Of Takeover Statutes, Roberta Romano
Fordham Law Review
In this Essay, Professor Romano considers the efficacy of competition among states for tax revenues generated by corporate charters. To this end, she focuses on how state takeover regulation-regulation which tends to benefit management rather than shareholders--affects this competition. She argues that federalism provides a safety net which protects investor interests and reduces the likelihood of self-serving management decisions. Professor Romano concludes that the current state-based system of incorporation is preferable to a national regime.
Intercepting Refugees At Sea: An Analysis Of The United States' Legal And Moral Obligations, Suzanne Gluck
Intercepting Refugees At Sea: An Analysis Of The United States' Legal And Moral Obligations, Suzanne Gluck
Fordham Law Review
No abstract provided.
Justices Harlan And Black Revisited: The Emerging Dispute Between Justice O'Connor And Justice Scalia Over Unenumerated Fundamental Rights, David B. Anders
Justices Harlan And Black Revisited: The Emerging Dispute Between Justice O'Connor And Justice Scalia Over Unenumerated Fundamental Rights, David B. Anders
Fordham Law Review
No abstract provided.
Political Reality Testing: 1993, Derrick Bell
Political Reality Testing: 1993, Derrick Bell
Fordham Law Review
No abstract provided.
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Michael Gartner
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Michael Gartner
Fordham Law Review
No abstract provided.
Warming The Bench: The Nonstatutory Labor Exemption In The National Football League, Johnathan S. Shapiro
Warming The Bench: The Nonstatutory Labor Exemption In The National Football League, Johnathan S. Shapiro
Fordham Law Review
No abstract provided.
New Technology, Old Problem: Determining First Amendment Status Of Electronic Information Services, Phillip H. Miller
New Technology, Old Problem: Determining First Amendment Status Of Electronic Information Services, Phillip H. Miller
Fordham Law Review
No abstract provided.
Congratulations From Your Continental Cousins, 10b-5: Securities Fraud Regulation From The European Perspective, Gerhard Wegen
Congratulations From Your Continental Cousins, 10b-5: Securities Fraud Regulation From The European Perspective, Gerhard Wegen
Fordham Law Review
No abstract provided.
The Rise And Fall (And Rise) Of Information-Based Insider Trading Enforcement, Thomas A. Mcgrath, Iii
The Rise And Fall (And Rise) Of Information-Based Insider Trading Enforcement, Thomas A. Mcgrath, Iii
Fordham Law Review
No abstract provided.
Puppet Masters Of Marionettes: Is Program Trading Maniuplative As Defined By The Securites Exchange Act Of 1934, Lawrence Damian Mccabe
Puppet Masters Of Marionettes: Is Program Trading Maniuplative As Defined By The Securites Exchange Act Of 1934, Lawrence Damian Mccabe
Fordham Law Review
No abstract provided.
The Mother Court And The Foreign Plaintiff: Does Rule 10b-5 Reach Far Enough?, James J. Finnerty, Iii
The Mother Court And The Foreign Plaintiff: Does Rule 10b-5 Reach Far Enough?, James J. Finnerty, Iii
Fordham Law Review
No abstract provided.
10b-5 Or Not 10b-5: Are The Current Efforts To Reform Securities Litigation Misguided?, Adam F. Ingber
10b-5 Or Not 10b-5: Are The Current Efforts To Reform Securities Litigation Misguided?, Adam F. Ingber
Fordham Law Review
No abstract provided.
Remarks Delivered On The Occasion Of The Dedication Of The Sidney C. Norris Chair Of Law To Public Service, Thomas M. Quinn
Remarks Delivered On The Occasion Of The Dedication Of The Sidney C. Norris Chair Of Law To Public Service, Thomas M. Quinn
Fordham Law Review
No abstract provided.
When Libido Subverts Credo: Regulation Of Attorney-Client Sexual Relations, Margit Livingston
When Libido Subverts Credo: Regulation Of Attorney-Client Sexual Relations, Margit Livingston
Fordham Law Review
Recent calls for increased regulation of attorney-client sexual relations have led several state courts, legislatures, and bar associations to consider specific rules restricting such practices. Advocates of enhanced regulation seek institutional recognition of the power differential inherent in the lawyer-client relationship. Critics prefer to rely on existing ethics rules governing attorney misconduct. In this Article Professor Livingston first reviews the judicial and administrative response to clients who accuse their attorneys of sexual impropriety. She next examines recently enacted state rules regulating attorney sexual misconduct and discusses pending legislative proposals. Professor Livingston then recommends a ban on all attorney-client sexual relations …
The Fair Value Of Minority Stock In Closely Held Corporations, Zenichi Shishido
The Fair Value Of Minority Stock In Closely Held Corporations, Zenichi Shishido
Fordham Law Review
In this Article, Professor Shishido examines the various methods—those used by the courts as well as those suggested by law and economics scholars—for determining the fair value of minority stock in closely held corporations. In Professor Shishido's view, the courts' method of weighing—the so-called Delaware block method—fails to arrive at the true value of the minority's shares and often undervalues their worth. Professor Shishido also argues that law and economics scholars fail to differentiate between closely held corporations and publicly held corporations, thus failing to include the effect of corporate law on the fair value of closely held corporate stock.
Rewriting The Constitution: An Economic Analysis Of The Constitutional Amendment Process, Donald J. Boudreaux, A. C. Pritchard
Rewriting The Constitution: An Economic Analysis Of The Constitutional Amendment Process, Donald J. Boudreaux, A. C. Pritchard
Fordham Law Review
In this Article, the authors develop an economic theory of the constitutional amendment process under Article V, focusing particularly on the roles that Congress and interest groups play in that process. The authors construct a model to predict when an interest group will seek an amendment rather than a statute to further its interests, highlighting how interest group maintenance costs and anticipated opposition affect that choice. They then discuss the efficiency goals of constitutionalism—precommitment and reduction of agency costs—and argue that the structure of the amendment process under Article V prevents realization of these goals. The authors contrast the Bill …
The Problem Of Withholding In Response To Breach: A Proposal To Minimize Risk In Continuing Contracts, William J. Geller
The Problem Of Withholding In Response To Breach: A Proposal To Minimize Risk In Continuing Contracts, William J. Geller
Fordham Law Review
No abstract provided.
Can Hiv-Negative Plaintiffs Recover Emotional Distress Damages For Their Fear Of Aids?, James C. Maroulis
Can Hiv-Negative Plaintiffs Recover Emotional Distress Damages For Their Fear Of Aids?, James C. Maroulis
Fordham Law Review
No abstract provided.
Employee Misconduct And The Affirmative Defense Of After-Acquired Evidence, Gian Brown
Employee Misconduct And The Affirmative Defense Of After-Acquired Evidence, Gian Brown
Fordham Law Review
No abstract provided.
Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act , Majorie A. Silver
Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act , Majorie A. Silver
Fordham Law Review
In this Article, Professor Silver examines Section 108 of the Civil Rights Act of 1991, which limits challenges to employment practices taken pursuant to employment discrimination consent decrees. The Article traces the development of the impermissible collateral attack doctrine, that doctrine's demise in Martin v. Wilks, and Congress' response to Martin as embodied in Section 108. Professor Silver also suggests ways in which Section 108 should be administered to comply with the Due Process Clause and argues for specific additional federal legislation to protect non-litigants or potential third-party challengers as well as to foster the utility and finality of legitimate …
The Divergence Of Standards Of Conduct And Standards Of Review In Corporate Law, Melvin Aron Eisenberg
The Divergence Of Standards Of Conduct And Standards Of Review In Corporate Law, Melvin Aron Eisenberg
Fordham Law Review
In this Article, Professor Eisenberg examines how and why standards of conduct and standards of review diverge in corporate law. Professor Eisenberg analyzes the relevant standards of conduct and review that apply in a number of corporate law contexts. He discusses the reasoning and policies underlying these diverging standards. Professor Eisenberg explains the basis of most existing standards of conduct and review and suggests modifications of several others.
Witness For The Prosecution: Prosecutorial Discovery Of Information Generated By Non-Testifying Defense Psychiatric Experts, Elizabeth F. Maringer
Witness For The Prosecution: Prosecutorial Discovery Of Information Generated By Non-Testifying Defense Psychiatric Experts, Elizabeth F. Maringer
Fordham Law Review
No abstract provided.
Appellate Advocacy: Some Reflections From The Bench, Lawrence W. Pierce
Appellate Advocacy: Some Reflections From The Bench, Lawrence W. Pierce
Fordham Law Review
In this Essay, Judge Pierce explores historical and modern attributes of appellate advocacy and provides insightful guidance on some relevant considerations for effective advocacy on the appellate level Judge Pierce discusses methods which advocates may utilize to improve their proficiency at brief writing and oral argument but also cautions advocates that the appellate process begins at the trial level in preserving issues for appeal Judge Pierce also reflects upon his experiences in over 21 years on the federal bench when examining some of the strategic, practical and ethical considerations, as well as persuasive methods, for successful appellate advocacy.
Section 365 Versus 362: Applying The Automatic Stay To Prevent Unilateral Termination In A Bankruptcy Setting, Robert J. Verga
Section 365 Versus 362: Applying The Automatic Stay To Prevent Unilateral Termination In A Bankruptcy Setting, Robert J. Verga
Fordham Law Review
No abstract provided.
Myth And Reality--Or, Is It "Perception And Taste"?--In The Reading Of Donative Documents, James L. Robertson
Myth And Reality--Or, Is It "Perception And Taste"?--In The Reading Of Donative Documents, James L. Robertson
Fordham Law Review
No abstract provided.
Perspectives On Disclosing Rape Victims' Names, Deborah W. Denno
Perspectives On Disclosing Rape Victims' Names, Deborah W. Denno
Fordham Law Review
In this Essay, Professor Denno examines the century-long conflict between an individual's right to privacy and the freedom of the press in the context of the media's disclosure of rape victims' names. Part I briefly reviews the United States Supreme Court's primary rulings on this topic, explaining that the Court has generally protected the freedom of the press under the First Amendment Part I emphasizes, however, that the Court has left available an opportunity for a con- trary interpretation under certain circumstances in Florida Star v. BJ.F., the Court's last ruling concerning the disclosure of rape victims' names. Part I1 …
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Linda Fairstein
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Linda Fairstein
Fordham Law Review
No abstract provided.
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Helen Benedict
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Helen Benedict
Fordham Law Review
No abstract provided.
A Comprehensive Theory Of Protective Jurisdiction: The Missing "Ingredient" Of "Arising Under" Jurisdiction, Loretta Shaw
A Comprehensive Theory Of Protective Jurisdiction: The Missing "Ingredient" Of "Arising Under" Jurisdiction, Loretta Shaw
Fordham Law Review
No abstract provided.