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Articles 1 - 30 of 86
Full-Text Articles in Law
Rico Forfeiture And Obscenity: Prior Restraint Or Subsequent Punishment?, John J. O'Donnell
Rico Forfeiture And Obscenity: Prior Restraint Or Subsequent Punishment?, John J. O'Donnell
Fordham Law Review
No abstract provided.
Extraterritorial Jurisdiction Under The Third Restatement Of Foreign Relations Law Of The United States, Kathleen Hixson
Extraterritorial Jurisdiction Under The Third Restatement Of Foreign Relations Law Of The United States, Kathleen Hixson
Fordham International Law Journal
This Note argues that the Restatement Third provisions fail to provide a precise outline of jurisdictional boundaries as generally accepted by the international community. Part I analyzes the jurisdictional provisions in the Restatement Second and contrasts them with corresponding sections in the Restatement Third. Part II examines issues that have arisen under the Restatement Second jurisdictional scheme. Part III examines those same issues in light of the Restatement Third modifications. This Note concludes that the Restatement Third provisions limiting extraterritorial prescriptions function as abstention principles developed by the U.S. judiciary, and that in order to determine the outermost limits of …
Guide To Debt Equity Swaps (Rubin Ed.), Daniel Schloendorn
Guide To Debt Equity Swaps (Rubin Ed.), Daniel Schloendorn
Fordham International Law Journal
The Guide to Debt Equity Swaps (the “Guide”), provides an excellent introduction to anyone seeking to understand why swap programs have proliferated throughout the developing countries, the variety of forms they have taken, and what they portend for the future. The Guide is divided into two segments. The first segment consists of a series of articles authored by a panel of experts in a variety of disciplines, while the second segment furnishes an in-depth analysis of the most significant debt-equity conversion programs.
Access To Justice: Individual Undertakings And Eec Antitrust Law--Problems And Pitfalls, Federico Mancini
Access To Justice: Individual Undertakings And Eec Antitrust Law--Problems And Pitfalls, Federico Mancini
Fordham International Law Journal
In this article, the author deals with a number of aspects connected to the theme of access to justice and in so doing refers in particular to the most recent disputes that have been brought before the Court of Justice in Luxembourg. The author argues that there is a need to establish clearly, at the outset, the preconditions that natural or legal person must satisfy before they can turn to the Community Court in order to obtain judicial review both of measures taken by the Commission or of the reasons for the Commission’s failure to act.
The Reciprocity Requirement Of The Second Banking Directive Of The European Economic Community, Michael Gruson, Werner Nikowitz
The Reciprocity Requirement Of The Second Banking Directive Of The European Economic Community, Michael Gruson, Werner Nikowitz
Fordham International Law Journal
This article discusses the revised Article 7(4) of the European Communities' Proposal for a Second Council Directive on the Coordination of Laws, Regulations and Administrative Provisions Relating to the Taking-up and Pursuit of the Business of Credit Institutions. The article argues that the revision of the proposal for the Second Directive by the Commission of the European Communities will mainly have two effects. First, the Commission's review procedure will no longer be on a case-by-case basis, but on a country-by-country basis; the Commission will no longer interfere with an individual authorization procedure before the competent authorities of a Member State. …
Cercla Cleanup Costs Under Comprehensive General Liability Insurance Policies: Property Damage Or Economic Damage?, Sharon L. Mccarthy
Cercla Cleanup Costs Under Comprehensive General Liability Insurance Policies: Property Damage Or Economic Damage?, Sharon L. Mccarthy
Fordham Law Review
No abstract provided.
Defamation Of Teachers: Behind The Times?, Peter S. Cane
Defamation Of Teachers: Behind The Times?, Peter S. Cane
Fordham Law Review
No abstract provided.
The Constitutionality Of Request Notice Provisions In In Rem Tax Foreclosures, Ellen F. Friedman
The Constitutionality Of Request Notice Provisions In In Rem Tax Foreclosures, Ellen F. Friedman
Fordham Law Review
No abstract provided.
Rejection Of Collective Bargaining Agreements In Bankruptcy: Finding A Balance In 11 U.S.C. §, Peter P. Brandow
Rejection Of Collective Bargaining Agreements In Bankruptcy: Finding A Balance In 11 U.S.C. §, Peter P. Brandow
Fordham Law Review
No abstract provided.
Rule 609(A) In The Civil Context: A Recommendation For Reform, Teree E. Foster
Rule 609(A) In The Civil Context: A Recommendation For Reform, Teree E. Foster
Fordham Law Review
No abstract provided.
Women Lawyers In Big Firms: A Study In Progress Toward Gender Equality, Judith S. Kaye
Women Lawyers In Big Firms: A Study In Progress Toward Gender Equality, Judith S. Kaye
Fordham Law Review
No abstract provided.
The Role Of The Expert Witness In Music Copyright Infringement Cases, Michael Der Manuelian
The Role Of The Expert Witness In Music Copyright Infringement Cases, Michael Der Manuelian
Fordham Law Review
No abstract provided.
Nonrefundable Retainers: Impermissible Under Fiduciary, Statutory And Contract Law, Lester Brickman, Lawrence A. Cunningham
Nonrefundable Retainers: Impermissible Under Fiduciary, Statutory And Contract Law, Lester Brickman, Lawrence A. Cunningham
Fordham Law Review
No abstract provided.
The Crash Of 1987: A Legal And Public Policy Analysis, Lewis D. Solomon, Howard B. Dicker
The Crash Of 1987: A Legal And Public Policy Analysis, Lewis D. Solomon, Howard B. Dicker
Fordham Law Review
No abstract provided.
Another Choice Of Forum, Another Choice Of Law: Consensual Adjudicatory Procedure In Federal Court, Linda S. Mullenix
Another Choice Of Forum, Another Choice Of Law: Consensual Adjudicatory Procedure In Federal Court, Linda S. Mullenix
Fordham Law Review
No abstract provided.
The Right Of Publicity And Vocal Larceny: Sounding Off On Sound-Alikes, Leonard A. Wohl
The Right Of Publicity And Vocal Larceny: Sounding Off On Sound-Alikes, Leonard A. Wohl
Fordham Law Review
No abstract provided.
Judicial Review As Midcal Active Supervision: Immunizing Private Parties From Antitrust Liability, Michal Dlouhy
Judicial Review As Midcal Active Supervision: Immunizing Private Parties From Antitrust Liability, Michal Dlouhy
Fordham Law Review
No abstract provided.
Appealability Of A District Court’S Denial Of A Forum-Selection Clause Dismissal Motion: An Argument Against “Canceling Out” The Bremen, Howard W. Schreiber
Appealability Of A District Court’S Denial Of A Forum-Selection Clause Dismissal Motion: An Argument Against “Canceling Out” The Bremen, Howard W. Schreiber
Fordham Law Review
No abstract provided.
Compelling Alternatives: The Authority Of Federal Judges To Order Summary Jury Trial Participation, William E. Craco
Compelling Alternatives: The Authority Of Federal Judges To Order Summary Jury Trial Participation, William E. Craco
Fordham Law Review
No abstract provided.
"Sovereign" State Policy And State Action Antitrust Immunity, John F. Hart
"Sovereign" State Policy And State Action Antitrust Immunity, John F. Hart
Fordham Law Review
No abstract provided.
Rule 11 Of The Federal Rules Of Civil Procedure And The Duty To Withdraw A Baseless Pleading, Julia K. Cowles
Rule 11 Of The Federal Rules Of Civil Procedure And The Duty To Withdraw A Baseless Pleading, Julia K. Cowles
Fordham Law Review
No abstract provided.
A Unified Theory Of Scientific Evidence, Bert Black
A Unified Theory Of Scientific Evidence, Bert Black
Fordham Law Review
No abstract provided.
Proposed Sec Regulation Of Market Sweeps: Should Market Sweeps Be Governed By The Williams Act?, Maureen F. Baker
Proposed Sec Regulation Of Market Sweeps: Should Market Sweeps Be Governed By The Williams Act?, Maureen F. Baker
Fordham Law Review
No abstract provided.
The Automatic Companion Rule: An Appropriate Standard To Justify The Terry Frisk Of An Arrestee's Companion?, Jeanne C. Serocke
The Automatic Companion Rule: An Appropriate Standard To Justify The Terry Frisk Of An Arrestee's Companion?, Jeanne C. Serocke
Fordham Law Review
No abstract provided.
The Civil Rico Pattern Requirement: Continuity And Relationship, A Fatal Attraction?, Patrick J. Ryan
The Civil Rico Pattern Requirement: Continuity And Relationship, A Fatal Attraction?, Patrick J. Ryan
Fordham Law Review
No abstract provided.
Appellate Review Of Double Jeopardy Claims In The Guilty Plea Context, Augustine V. Cheng
Appellate Review Of Double Jeopardy Claims In The Guilty Plea Context, Augustine V. Cheng
Fordham Law Review
No abstract provided.
Regulatory Aspects Of Devloping Nation Debt-Equity Swaps, J. Michael Shepherd, Edwin H. Clock
Regulatory Aspects Of Devloping Nation Debt-Equity Swaps, J. Michael Shepherd, Edwin H. Clock
Fordham International Law Journal
This article discusses and analyzes three distinct legal doctrines available to the Office of the Comptroller of the Currency (the “OCC” or the “Office”) to issue policy statements and interpretive letters enabling banks to participate in transactions designed to restructure developing-country debt. Additionally, this article comments on Regulation K, promulgated by the Federal Reserve Board (the “Board”), which the Board twice amended in recent months to grant U.S. banks more investment flexibility in foreign operations.
Delimitation Of The Continental Shelf In The Aegean Sea, Aurelia A. Georgopoulos
Delimitation Of The Continental Shelf In The Aegean Sea, Aurelia A. Georgopoulos
Fordham International Law Journal
This note argues that the continental shelf between Greece and Turkey should be delimited under general principles of international law. Part I discusses the present dispute and its historical underpinnings. Part II examines the relevant treaty and customary international law applicable to continental shelf delimitations. Part III analyzes the positions of the parties and proposes a solution under principles of customary international law. This Note concludes that the continental shelf should be delimited by drawing a median line between the two states giving half effect to Eastern Islands and then adjusting the line to avoid enclaving them.
The Second Banking Directive Of The European Economic Community And Its Importance For Non-Eec Banks, Michael Gruson, Werner Nikowitz
The Second Banking Directive Of The European Economic Community And Its Importance For Non-Eec Banks, Michael Gruson, Werner Nikowitz
Fordham International Law Journal
This article discusses the revised Article 7(4) of the European Communities' Proposal for a Second Council Directive on the Coordination of Laws, Regulations and Administrative Provisions Relating to the Taking-up and Pursuit of the Business of Credit Institutions. The article argues that the revision of the proposal for the Second Directive by the Commission of the European Communities will mainly have two effects. First, the Commission's review procedure will no longer be on a case-by-case basis, but on a country-by-country basis; the Commission will no longer interfere with an individual authorization procedure before the competent authorities of a Member State. …
The New Eec Block Exemption Regulation On Franchising, Jean-Eric De Cockborne
The New Eec Block Exemption Regulation On Franchising, Jean-Eric De Cockborne
Fordham International Law Journal
This article discusses regulation of franchising within the European Community and its effect on competition policy. In part I the author gives a general presentation of the regulation, in part II the author discusses the scope of the regulation, in Part III the author discusses the substantive provisions of the regulation, and in the Conclusion the author suggests potential solutions.