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Articles 1 - 15 of 15
Full-Text Articles in Law
Face Off: An Examination Of State Biometric Privacy Statutes & Data Harm Remedies, Maya E. Rivera
Face Off: An Examination Of State Biometric Privacy Statutes & Data Harm Remedies, Maya E. Rivera
Fordham Intellectual Property, Media and Entertainment Law Journal
As biometric authentication becomes an increasingly popular method of security among consumers, only three states currently have statutes detailing how such data may be collected, used, retained, and released. The Illinois Biometric Information Privacy Act is the only statute of the three that enshrines a private right of action for those who fail to properly handle biometric data. Both the Texas Capture or Use Biometric Identifier Act Information Act and the Washington Biometric Privacy Act allow for state Attorneys General to bring suit on behalf of aggrieved consumers. This Note examines these three statutes in the context of data security …
Not Just For Products Liability: Applying The Economic Loss Rule Beyond Its Origins, Danielle Sawaya
Not Just For Products Liability: Applying The Economic Loss Rule Beyond Its Origins, Danielle Sawaya
Fordham Law Review
Most litigants, if given the chance, prefer to assert tort theories to recover their economic losses, rather than rely on the remedies provided under contract law. This is primarily because plaintiffs have the potential to recover more damages under tort law than contract law. However, most courts have adopted a doctrine known as the economic loss rule to bar plaintiffs from asserting certain tort theories to recover for their economic loss. Although the economic loss rule may seem like an easy way to maintain the boundary between tort law and contract law, confusion abounds when courts attempt to determine the …
Misinterpreting "Sounds Of Silence": Why Courts Should Not "Imply" Congressional Preclusion Of § 1983 Constitutional Claims, Rosalie Berger Levinson
Misinterpreting "Sounds Of Silence": Why Courts Should Not "Imply" Congressional Preclusion Of § 1983 Constitutional Claims, Rosalie Berger Levinson
Fordham Law Review
Despite the clear text of 42 U.S.C. § 1983, its promise to protect constitutional rights has been obfuscated by the theory that Congress, by enacting civil rights laws, has "impliedly" foreclosed the historic use of § 1983 to vindicate constitutional wrongdoing. Increasingly, plaintiffs are being denied their right to vindicate constitutional wrongdoing, either because the new "preempting" federal statute does not trigger individual liability or because it makes institutional liability more difficult to establish. It is counterintuitive to believe that Congress, in an attempt to expand equality or due process, intended to cut off existing remedies for constitutional violations. Nonetheless, …
A Default Rule Of Omnipotence: Implied Jurisdiction And Exaggerated Remedies In Equity For Federal Agencies, George P. Roach
A Default Rule Of Omnipotence: Implied Jurisdiction And Exaggerated Remedies In Equity For Federal Agencies, George P. Roach
Fordham Journal of Corporate & Financial Law
No abstract provided.
Lanham Act And Deceptive Trade Practice Claims Arising Under State Professional Licensure Laws, John L. Reed
Lanham Act And Deceptive Trade Practice Claims Arising Under State Professional Licensure Laws, John L. Reed
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Changing Role Of Private Land Restrictions: Reforming Servitude Law, Michael J.D. Sweeney
The Changing Role Of Private Land Restrictions: Reforming Servitude Law, Michael J.D. Sweeney
Fordham Law Review
No abstract provided.
Front Pay: A Necessary Alternative To Reinstatement Under The Age Discrimination In Employment Act, Peter Janovsky
Front Pay: A Necessary Alternative To Reinstatement Under The Age Discrimination In Employment Act, Peter Janovsky
Fordham Law Review
No abstract provided.
Cases And Materials On Remedies, Margaret S. Bearn
Cases And Materials On Remedies, Margaret S. Bearn
Fordham Law Review
No abstract provided.
Strike Violence: The Nlrb's Reluctance To Wield Its Broad Remedial Power, Donald R. Gitto
Strike Violence: The Nlrb's Reluctance To Wield Its Broad Remedial Power, Donald R. Gitto
Fordham Law Review
No abstract provided.
Trustee Liability For Breach Of The Duty Of Loyalty: Good Faith Inquiry And Appreciation Damages, Barry L. Zins
Trustee Liability For Breach Of The Duty Of Loyalty: Good Faith Inquiry And Appreciation Damages, Barry L. Zins
Fordham Law Review
No abstract provided.
After Albemarle: Class-Wide Recovery Of Back Pay Under Title Vii, B. Martin Druyan
After Albemarle: Class-Wide Recovery Of Back Pay Under Title Vii, B. Martin Druyan
Fordham Urban Law Journal
Title VII of the Civil Rights Act of 1964 provides administrative and judicial remedies for victims of discrimination in employment. Employers, engaged in “an industry affecting commerce” and having fifteen or more employees who work at least twenty weeks out of the year, are subject to the statutes strictures. Unions are also subject to the statute if they have fifteen or more members, operate an office or hiring hall, and represent employees. One remedy available under Title VII is an award of back pay from the date of the alleged violation. Back pay may be defined as court-awarded compensation for …
The Small Tax Case Procedure: How It Works--Does It Work?, Christopher J. Badum
The Small Tax Case Procedure: How It Works--Does It Work?, Christopher J. Badum
Fordham Urban Law Journal
In 1968 the section of Taxation of the American Bar Association proposed an amendment to the Internal Revenue Code of 1954 to provide for a small claims division in the United States Tax Court. Such a division was thought to be a necessary alternative to the often expensive and time consuming tax litigation procedure in the Tax Court, the Court of Claims, and the district court. Congress adopted the proposal and it was incorporated into the Tax Reform Act of 1969. This Note will discuss the proceedings of bringing suit in the Small Tax Case Division and will propose ways …
Union Dues Checkoff As A Subject In Labor-Management Negotiations: Good Faith Bargaining And Nlrb Remedies
Fordham Law Review
No abstract provided.
Remedies In Sales Disputes Under The Uniform Commercial Code-Notes For The Litigator, Malachy T. Mahon
Remedies In Sales Disputes Under The Uniform Commercial Code-Notes For The Litigator, Malachy T. Mahon
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.