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Articles 1 - 30 of 47
Full-Text Articles in Law
In Defense Of International Comity, Thomas H. Lee, Samuel Estreicher
In Defense Of International Comity, Thomas H. Lee, Samuel Estreicher
Faculty Scholarship
A chorus of critics, led by the late Justice Scalia, have condemned the practice of federal courts’ refraining from hearing cases over which they have subject-matter jurisdiction on the basis of international comity—respect for the governmental interests of other nations. They assail the practice as unprincipled abandonment of judicial duty and unnecessary given statutes and settled judicial doctrines that amply protect foreign governmental interests and guide the lower courts. But existing statutes and doctrines do not give adequate answers to the myriad cases in which such interests are implicated given the scope of present-day globalization and features of the U.S. …
Protecting Cultural Rights In The South Pacific Islands: Using Unesco And Marine Protected Areas To Plan For Climate Change, Elizabeth Thomas
Protecting Cultural Rights In The South Pacific Islands: Using Unesco And Marine Protected Areas To Plan For Climate Change, Elizabeth Thomas
Fordham Environmental Law Review
No abstract provided.
The Rise Of Rights-Based Climate Litigation And Germany's Susceptibility To Suit, Marc A. R. Zemel
The Rise Of Rights-Based Climate Litigation And Germany's Susceptibility To Suit, Marc A. R. Zemel
Fordham Environmental Law Review
No abstract provided.
The Future Of The New International Tax Regime, Rosanne Altshuler, Fadi Shaheen, Jeffrey Colon, Michael Graetz, Rebecca Kysar, Susan Morse, Daniel Shaviro, Richard Phillips, Danielle Rolfes, David Rosenbloom, Stephen Shay, Steven Dean
The Future Of The New International Tax Regime, Rosanne Altshuler, Fadi Shaheen, Jeffrey Colon, Michael Graetz, Rebecca Kysar, Susan Morse, Daniel Shaviro, Richard Phillips, Danielle Rolfes, David Rosenbloom, Stephen Shay, Steven Dean
Fordham Journal of Corporate & Financial Law
No abstract provided.
A Tale Of Two Trade Powers: Balancing Investor-State Dispute Settlement And Environmental Risk Between The European Union And United States In A Changing Political Climate, Sarah Ben-Moussa
Fordham Environmental Law Review
No abstract provided.
Blueprint For Survival: A New Paradigm For International Environmental Emergencies, Claire Wright
Blueprint For Survival: A New Paradigm For International Environmental Emergencies, Claire Wright
Fordham Environmental Law Review
No abstract provided.
Deconstructing The Wto Conformity Obligation: A Theory Of Compliance As A Process, Julien Chaisse
Deconstructing The Wto Conformity Obligation: A Theory Of Compliance As A Process, Julien Chaisse
Fordham International Law Journal
No abstract provided.
Is Green A Part Of The Rainbow? Sharia, Homosexuality And Lgbt Rights In The Muslim World, Javaid Rehman, Eleni Polymenopoulou
Is Green A Part Of The Rainbow? Sharia, Homosexuality And Lgbt Rights In The Muslim World, Javaid Rehman, Eleni Polymenopoulou
Fordham International Law Journal
No abstract provided.
The Withdrawal Clause Of The Lisbon Treaty In The Light Of Eu Citizenship (Between Disintegration And Integration), Clemens M. Rieder
The Withdrawal Clause Of The Lisbon Treaty In The Light Of Eu Citizenship (Between Disintegration And Integration), Clemens M. Rieder
Fordham International Law Journal
No abstract provided.
The Pringle Judgment: Economic And/Or Monetary Union?, Chris Koedooder
The Pringle Judgment: Economic And/Or Monetary Union?, Chris Koedooder
Fordham International Law Journal
No abstract provided.
Systemizing The Fate Of The Stateless North Korean Migrant: A Legal Guide To Preventing The Automatic Repatriation Of North Korean Migrants In China, Jeanyoung Jeannie Cho
Systemizing The Fate Of The Stateless North Korean Migrant: A Legal Guide To Preventing The Automatic Repatriation Of North Korean Migrants In China, Jeanyoung Jeannie Cho
Fordham International Law Journal
No abstract provided.
The Incoherence And Functional Incompetence Of International Law: Toward A New Paradigm Of Human Relationship, Ibrahim J. Gassama
The Incoherence And Functional Incompetence Of International Law: Toward A New Paradigm Of Human Relationship, Ibrahim J. Gassama
Fordham International Law Journal
No abstract provided.
The Prospector's Guide To The Galaxy, Austin C. Murnane
The Prospector's Guide To The Galaxy, Austin C. Murnane
Fordham International Law Journal
No abstract provided.
Application Of The Concept Of Project Finance In Iraq- A Comparative And Analytical Study, Faris K. Nesheiwat
Application Of The Concept Of Project Finance In Iraq- A Comparative And Analytical Study, Faris K. Nesheiwat
Fordham Journal of Corporate & Financial Law
Many scholars and experts have addressed the issue of project finance, but one area that remains without detailed examination is its legal treatment under the legal systems of developing countries. The legal concepts applied under project finance are Western and are not necessarily identical to or compatible with legal concepts in Middle Eastern countries in general or Iraq in particular. In that sense, project finance is a transplanted legal concept when examined in the Middle Eastern legal framework. Although this Paper tackles the legal and strategic issues arising from the use of project finance in Iraq, its analysis and comparative …
Private Equity Investment In The Brics, Andreas Woeller
Private Equity Investment In The Brics, Andreas Woeller
Fordham Journal of Corporate & Financial Law
This Article investigates the legal and economic environment for private equity investments in Brazil, Russia, India and China (“BRIC”). In contrast with disappointing returns in the 1990s, private equity investment has soared in developing countries over the past decade. To explain what has led to the recent success of private equity in the BRICs, this Article will first give an overview of the challenges faced generally when investing in portfolio companies in developing markets and then analyze the legal and economic framework for each of the four BRICs. This Article finds that Brazil and China offer the best opportunities for …
"The End Of The Beginning?": A Comprehensive Look At The U.N.'S Business And Human Rights Agenda From A Bystander Perspective, Jena Martin Amerson
"The End Of The Beginning?": A Comprehensive Look At The U.N.'S Business And Human Rights Agenda From A Bystander Perspective, Jena Martin Amerson
Fordham Journal of Corporate & Financial Law
With the endorsement of the Guiding Principles regarding the issue of business and human rights, an important chapter has come to a close. Beginning with the then U.N. Secretary-General’s “global compact” speech in 1999, the international legal framework for business and human rights has undergone tremendous change and progress. Yet, for all these developments, there has been no exhaustive examination in the legal academy of all of these events; certainly there is no one piece that discusses or analyzes all the major instruments that have been proposed and endorsed by the U.N. on the subject of business and its relationship …
The Olympic Binding Arbitration Clause And The Court Of Arbitration For Sport: An Analysis Of Due Process Concerns, Jason Gubi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Securities Regulation In Low-Tier Listing Venues: The Rise Of The Alternative Investment Market, Jose M. Mendoza
Securities Regulation In Low-Tier Listing Venues: The Rise Of The Alternative Investment Market, Jose M. Mendoza
Fordham Journal of Corporate & Financial Law
No abstract provided.
Removing The Greek From Feta And Adding Korbel To Champagne: The Paradox Of Geographical Indications In International Law., Michelle Agdomar
Removing The Greek From Feta And Adding Korbel To Champagne: The Paradox Of Geographical Indications In International Law., Michelle Agdomar
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Not All Politics Is Local: The New Chapter 15 To Govern Cross-Border Insolvencies, Elizabeth J. Gerber
Not All Politics Is Local: The New Chapter 15 To Govern Cross-Border Insolvencies, Elizabeth J. Gerber
Fordham Law Review
No abstract provided.
Improving Fundamental Rights Protection In The European Union: Resolving The Conflict And Confusion Between The Luxembourg And Strasbourg Courts, Joseph R. Wetzel
Improving Fundamental Rights Protection In The European Union: Resolving The Conflict And Confusion Between The Luxembourg And Strasbourg Courts, Joseph R. Wetzel
Fordham Law Review
No abstract provided.
All Is Not Fair In The Privacy Trade: The Safe Harbor Agreement And The World Trade Organization, Eric Shapiro
All Is Not Fair In The Privacy Trade: The Safe Harbor Agreement And The World Trade Organization, Eric Shapiro
Fordham Law Review
No abstract provided.
Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang
Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang
Fordham Journal of Corporate & Financial Law
No abstract provided.
Slowing Down The Speed Of Sound: A Transatlantic Race To Head Off Digital Copyright Infringement, Eleanor M. Lackman
Slowing Down The Speed Of Sound: A Transatlantic Race To Head Off Digital Copyright Infringement, Eleanor M. Lackman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Evaluating Effective Lawyer-Client Communication: An International Project Moving From Research To Reform, Clark D. Cunningham
Evaluating Effective Lawyer-Client Communication: An International Project Moving From Research To Reform, Clark D. Cunningham
Fordham Law Review
No abstract provided.
The Lessons Of Maxwell Communication, Jay Lawrence Westbrook
The Lessons Of Maxwell Communication, Jay Lawrence Westbrook
Fordham Law Review
No abstract provided.
"Post-Modern" Sovereign Debt Crisis: Did Mexico Need An International Bankruptcy Forum?, John H. Chun
"Post-Modern" Sovereign Debt Crisis: Did Mexico Need An International Bankruptcy Forum?, John H. Chun
Fordham Law Review
No abstract provided.
Steering The Most Appropriate Course Between Admiralty And Insolvency: Why An International Insolvency Treaty Should Recognize The Primacy Of Admiralty Law Over Maritime Assets, Melissa K.S. Alwang
Steering The Most Appropriate Course Between Admiralty And Insolvency: Why An International Insolvency Treaty Should Recognize The Primacy Of Admiralty Law Over Maritime Assets, Melissa K.S. Alwang
Fordham Law Review
No abstract provided.
Harmonization Of International Bankruptcy Law: A United States Perspective, Harold S. Burman
Harmonization Of International Bankruptcy Law: A United States Perspective, Harold S. Burman
Fordham Law Review
No abstract provided.
A Comment About A Separate Bankruptcy System, Carl Felsenfeld
A Comment About A Separate Bankruptcy System, Carl Felsenfeld
Fordham Law Review
No abstract provided.