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Articles 31 - 47 of 47
Full-Text Articles in Law
Bondage, Domination, And The Art Of The Deal: An Assessment Of Judicial Strategies In Lender Liability Good Faith Litigation, A. Brooke Overby
Bondage, Domination, And The Art Of The Deal: An Assessment Of Judicial Strategies In Lender Liability Good Faith Litigation, A. Brooke Overby
Fordham Law Review
In the 1980s the contractual obligation of good faith and fair dealing achieved preeminence in the area of lender liability. This raised concerns that expansive judicial interpretation of the obligation would, in effect, rewrite the parties' contracts and result in the imposition of undue economic liability upon lenders. In this Article Professor Overby first traces the statutory, common law, and theoretical attempts to provide transactors with legal standards of conduct through the obligation of good faith. She then examines the judicial approaches to good faith in the lending context, rejecting as unfounded concerns over economic liability or widespread judicial activism. …
As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch
As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch
Fordham Law Review
In this Article. Professor Fisch examines the history and legacy of Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilberston, the controversial 1991 Supreme Court decision that established a federal statute of limitations for private causes of action brought under Rule 10b-5. In Part I Professor Fisch reviews the history of the 10b-5 statute of limitations prior to LampE Part II then analyzes both the issues resolved and questions raised by Lampf. Part III traces the congressional reaction to Lampf that culminated in the addition of section 27A to the Securities Act of 1934. In Part IV, Professor Fisch concludes by …
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.
Rule 10b-5 And Transnational Bankruptcies: Whose Law Should Apply?, Lauren D. Rosenthal
Rule 10b-5 And Transnational Bankruptcies: Whose Law Should Apply?, Lauren D. Rosenthal
Fordham Law Review
No abstract provided.
Vertical Restraints, Efficiency, And The Real World, Jean Wegman Burns
Vertical Restraints, Efficiency, And The Real World, Jean Wegman Burns
Fordham Law Review
In this Article, Professor Burns addresses the rise of economic efficiency in antitrust jurisprudence. She argues that the theory is incomplete in that it fails to address “noneconomic” concerns, such as dealer fairness, intraband competition, and business ethics, which society wishes addressed. Societal concern, she argues, is evidenced by the rise of dealer fairness remedies outside the realm of antitrust law. In addition, she argues that the public regards the economic efficiency theory as out of touch with reality as evidenced by the vocal opposition of sophisticated consumer groups to modern Chicago-School-influenced antitrust jurisprudence. She concludes by voicing support for …
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.
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.
Foreword, Milton V. Freeman
Should Fraud On The Market Theory Extend To The Context Of Newly Issued Securities?, Joseph De Simone
Should Fraud On The Market Theory Extend To The Context Of Newly Issued Securities?, Joseph De Simone
Fordham Law Review
No abstract provided.
An Implied Right Of Contribution Under Rule 10b-5: An Essential Element Of Attaining The Goals Of The Securities Exchange Act Of 1934, Mary Ellen P. Dooley
An Implied Right Of Contribution Under Rule 10b-5: An Essential Element Of Attaining The Goals Of The Securities Exchange Act Of 1934, Mary Ellen P. Dooley
Fordham Law Review
No abstract provided.
New Banking Legislation In Russia: Theoretial Adequacy, Practical Difficulties, And Potential Solutions, Inna Vysman
New Banking Legislation In Russia: Theoretial Adequacy, Practical Difficulties, And Potential Solutions, Inna Vysman
Fordham Law Review
No abstract provided.
The Sister Sovereign States: Preemption And The Second Twentieth Century Revolution In The Law Of The American Workplace, Henry H. Drummonds
The Sister Sovereign States: Preemption And The Second Twentieth Century Revolution In The Law Of The American Workplace, Henry H. Drummonds
Fordham Law Review
In this Article, Professor Drummonds examines the division of workplace regulatory authority between the states and the federal government. The Article first explores the decline of the New Deal system of collective bargaining and reviews the debates ignited by this decline. It then reviews the role of state law in regulating the workplace, and illustrates the complex relationship between federal and state law in the workplace by examining reductions in coverage for AIDS in employer-provided group medical plans. The Article sets forth a framework and theory for deciding federal-state authority issues. It analyzes traditional preemption doctrine and recent Supreme Court …
Beyond Batson V. Kentucky: A Proposed Ethical Rule Prohibiting Racial Discrimination In Jury Selection, Andres G. Gordon
Beyond Batson V. Kentucky: A Proposed Ethical Rule Prohibiting Racial Discrimination In Jury Selection, Andres G. Gordon
Fordham Law Review
No abstract provided.