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Articles 1 - 30 of 104
Full-Text Articles in Law
Prior Convictions Offered For Impeachment In Civil Trials: The Interaction Of Federal Rules Of Evidence 609(A) And 403, James Mcmahon
Prior Convictions Offered For Impeachment In Civil Trials: The Interaction Of Federal Rules Of Evidence 609(A) And 403, James Mcmahon
Fordham Law Review
No abstract provided.
United States Liability For Expropriations In Foreign Territory: Setting The Standard For Responsibility, Miriam A. Kadragich
United States Liability For Expropriations In Foreign Territory: Setting The Standard For Responsibility, Miriam A. Kadragich
Fordham International Law Journal
Part I of this Note will discuss the concepts of sovereignty, state responsibility for injuries to aliens, and compensation for expropriation under international law. Part II will examine United States policy on expropriations and explore how United States citizens may seek redress for foreign property loss in United States courts. Part III will argue that, under an international legal analysis, the United States would be liable in cases such as Ramirez and Langenegger, and will propose a standard for determining when the United States should compensate its citizens for foreign property loss. Next, this Note will conclude that the United …
The Gatt And Services: Quill And Ink In An Age Of Word Processors, Robert N.H. Christmas
The Gatt And Services: Quill And Ink In An Age Of Word Processors, Robert N.H. Christmas
Fordham International Law Journal
This Note argues that because a significant portion of services are traded electronically, for example, via cable and satellite, any new agreement must encompass electronically-delivered services. Part I of this Note discusses the dispute in the international community over extending the GATT to cover services. Part II examines the problems posed by modern technology related to the inclusion of services in any multi-lateral agreement. Part III analyzes the inadequacy of existing and proposed GATT frameworks for dealing with the problems posed by electronically-delivered services. This Note concludes that while the existing and proposed GATT frameworks may provide a structure for …
Competition Between National Economies And Competition Between Businesses--A Response To Judge Pescatore, Giuliano Marenco
Competition Between National Economies And Competition Between Businesses--A Response To Judge Pescatore, Giuliano Marenco
Fordham International Law Journal
This Article challenges the validity of Judge Pescatore’s theory [that Member States of the ECC are prevented by Community law from intervening in the marketplace by legislation].
European Community Competition Law- A Rejoinder By Judge Pescatore, Judge Pescatore
European Community Competition Law- A Rejoinder By Judge Pescatore, Judge Pescatore
Fordham International Law Journal
This article contests the contention by Dr. Marenco that Judge Pescatore asserts a theory that Member States of the EED are prevented by Community law from intervening in the marketplace by legislation. Rather, Judge Pescatore explains how his article envisaged acts of legislation by which Member States specifically intervene in the normal play of competition. He goes on to say that Dr. Marenco is battling an imaginary theory of his own making and not against what he actually wrote.
The New Standard For Admissibility In European Community State Aids Actions After Cofaz, Peter J. Allen
The New Standard For Admissibility In European Community State Aids Actions After Cofaz, Peter J. Allen
Fordham International Law Journal
Part I of this Comment analyzes Community State aid policy and the standing issues facing individuals who seek judicial review of Community measures regarding State aids. Part II examines the rationale of the Court in rendering the COFAZ judgment. Part III explores the practical effect of COFAZ on individuals challenging State aids decisions and on Community State aids policy.
The Right To Be Heard In Rule Making Proceedings In England And In Israel: Judicial Policy Reconsidered, Baruch Bracha
The Right To Be Heard In Rule Making Proceedings In England And In Israel: Judicial Policy Reconsidered, Baruch Bracha
Fordham International Law Journal
The purpose of this Article is to contribute to formulating a judicial policy that balances justice and fairness towards persons affected by the regulations, on the one hand, and administrative efficiency, on the other.
Deemed Liquidation: Whose Rate Is This Anyway, Lawrence M. Segan
Deemed Liquidation: Whose Rate Is This Anyway, Lawrence M. Segan
Fordham International Law Journal
This Note argues that there are many reasons to believe that Congress did intend section 504 to operate as a penalty on Customs for failure to liquidate in a timely manner. Part I discusses the process by which imports are liquidated and how section 504 has been implemented. Part II examines how the CIT has interpreted the statute. Part III argues that the practice of Customs and the CIT's interpretation conflict with the congressional intent behind section 504. Finally, this Note concludes that in order to conform to Congress' intent, the importer's asserted rate should be given effect in deemed …
Libel Law And The Canadian Charter Of Rights And Freedoms: Towards A Broader Protection For Media Defendants, Amy R. Stein
Libel Law And The Canadian Charter Of Rights And Freedoms: Towards A Broader Protection For Media Defendants, Amy R. Stein
Fordham International Law Journal
This Note argues that Canada should recognize a privilege for media defendants similar to the United States actual malice standard in order to guarantee fully the freedom of the press set forth in the new Charter of Rights and Freedoms. Part I examines the recently adopted Charter, and the similarity between its free press provision and the first amendment of the United States Constitution. Part II demonstrates how current Canadian libel law curtails freedom of the press by burdening media defendants. Part III argues that the United States constitutional privilege better protects freedom of the press as guaranteed in the …
Land Acquisition In Developing Countries, Allan J. Berlowitz
Land Acquisition In Developing Countries, Allan J. Berlowitz
Fordham International Law Journal
The book's introduction reveals a startling premise that will potentially affect all counties, not just those in the Third World: by the year 2000, almost sixty urban centers will have populations in excess of five million, and almost fifty of those urban centers will lie in developing countries. The essential structure of Mr. Kitay's book consists of passages of explanation and analysis, with examples and observations concerning land acquisition in developing countries. The explanation and analysis portion begins with a discussion of the threshold issue of whether the private sector or government should be primarily responsible for land policy formulation, …
Joseph R. Crowley: A Reminiscence, Irving R. Kaufman
Joseph R. Crowley: A Reminiscence, Irving R. Kaufman
Fordham Law Review
No abstract provided.
My Friend, Joe Crowley, William Hughes Mulligan
My Friend, Joe Crowley, William Hughes Mulligan
Fordham Law Review
No abstract provided.
The Legacy Of Joe Crowley, Andrew P. O'Rourke
The Legacy Of Joe Crowley, Andrew P. O'Rourke
Fordham Law Review
No abstract provided.
Public Forum Analysis After Perry Education Association V. Perry Local Educator's Association - A Conceptual Approach To Claims Of First Amendment Access To Publicly Owned Property, Peter Jakab
Fordham Law Review
No abstract provided.
Sending Notice To Potential Plaintiffs In Class Actions Under The Age Discrimination In Employment Act: The Trial Court's Role, David Jon Wolfsohn
Sending Notice To Potential Plaintiffs In Class Actions Under The Age Discrimination In Employment Act: The Trial Court's Role, David Jon Wolfsohn
Fordham Law Review
No abstract provided.
Including Limited Partners In The Diversity Jurisdiction Analysis, Hedwig M. Auletta
Including Limited Partners In The Diversity Jurisdiction Analysis, Hedwig M. Auletta
Fordham Law Review
No abstract provided.
Criminal Restitution Obligations As Debts Under The Bankruptcy Code, Alycia M. Peloso
Criminal Restitution Obligations As Debts Under The Bankruptcy Code, Alycia M. Peloso
Fordham Law Review
No abstract provided.
Fifth Amendment Privilege And Compelled Production Of Corporate Papers After Fisher And Doe, Arthur Y. D. Ong
Fifth Amendment Privilege And Compelled Production Of Corporate Papers After Fisher And Doe, Arthur Y. D. Ong
Fordham Law Review
No abstract provided.
Lifesaving Medical Treatment For The Nonviable Fetus: Limitations On State Authority Under Roe V. Wade, Shanon K. Such
Lifesaving Medical Treatment For The Nonviable Fetus: Limitations On State Authority Under Roe V. Wade, Shanon K. Such
Fordham Law Review
No abstract provided.
Release Pending Appeal: A Narrow Definition Of "Substantial Question" Under The Bail Reform Act Of 1984, Debra L. Leibowitz
Release Pending Appeal: A Narrow Definition Of "Substantial Question" Under The Bail Reform Act Of 1984, Debra L. Leibowitz
Fordham Law Review
No abstract provided.
Customer Sophistication And A Plaintiff's Duty Of Due Diligence: A Propsed Framework For Churning Actions In Nondiscretionary Accounts Under Sec Rule 10b-5, Michael Slonim
Fordham Law Review
No abstract provided.
Consideration For Employee Noncompetition Covenants In Employments At Will, Kathryn J. Yates
Consideration For Employee Noncompetition Covenants In Employments At Will, Kathryn J. Yates
Fordham Law Review
No abstract provided.
Private Prosecutors In Criminal Contempt Actions Under Rule 42(B) Of The Federal Rules Of Criminal Procedure, Patrcia Moran
Private Prosecutors In Criminal Contempt Actions Under Rule 42(B) Of The Federal Rules Of Criminal Procedure, Patrcia Moran
Fordham Law Review
No abstract provided.
Forfeiture Of Attorney's Fees Under Rico And Cce, Frank Mccay
Forfeiture Of Attorney's Fees Under Rico And Cce, Frank Mccay
Fordham Law Review
No abstract provided.
Rule 4(J) Of The Federal Rules Of Civil Procedure And The Forthwith Service Requirement Of The Suits In Admiralty Act, Gregory J. Ressa
Rule 4(J) Of The Federal Rules Of Civil Procedure And The Forthwith Service Requirement Of The Suits In Admiralty Act, Gregory J. Ressa
Fordham Law Review
No abstract provided.
When Does The "Fat Lady" Sing? An Analysis Of "Agreements In Principle" In Corporate Acquisitions, Harvey L. Temkin
When Does The "Fat Lady" Sing? An Analysis Of "Agreements In Principle" In Corporate Acquisitions, Harvey L. Temkin
Fordham Law Review
No abstract provided.
An Invitation To Commit Fraud: Secret Destruction Of Joint Tenant Survivorship Rights, Samuel M. Fetters
An Invitation To Commit Fraud: Secret Destruction Of Joint Tenant Survivorship Rights, Samuel M. Fetters
Fordham Law Review
No abstract provided.
Secondary Picketing In Railway Labor Disputes: A Right Preserved Under The Norris-Laguardia Act, Catherine A. Vance
Secondary Picketing In Railway Labor Disputes: A Right Preserved Under The Norris-Laguardia Act, Catherine A. Vance
Fordham Law Review
No abstract provided.
Public Forum Analysis And State Owned Publications: Beyond Kulhmeier V. Hazelwood School District, Pamela A. Schechter
Public Forum Analysis And State Owned Publications: Beyond Kulhmeier V. Hazelwood School District, Pamela A. Schechter
Fordham Law Review
No abstract provided.
Church Property Disputes: Churches As Secular And Alien Institutions, Louis J. Sirico, Jr.
Church Property Disputes: Churches As Secular And Alien Institutions, Louis J. Sirico, Jr.
Fordham Law Review
No abstract provided.