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Fordham Law School

2012

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Articles 211 - 226 of 226

Full-Text Articles in Law

Symposium: Bob Dylan And The Law Foreword, Samuel J. Levine Jan 2012

Symposium: Bob Dylan And The Law Foreword, Samuel J. Levine

Fordham Urban Law Journal

Taken together, the articles in this Symposium Issue provide a journey through both Bob Dylan’s career and the American legal landscape. Befitting a legal prophet, Dylan is often critical, skeptical, and cynical, at times uncompromising in his portrayal of the failures of American law and society. The presentations at the Dylan and the Law Symposium reflected, in part, the disappointment and frustration expressed in Dylan’s words and music. Yet, the speakers at the Symposium echoed another side of Bob Dylan’s work: a refusal to surrender or despair in the face of disheartening reality. Instead, drawing upon Dylan’s prophetic dreams and …


The Freewheelin’ Judiciary: A Bob Dylan Anthology, Alex B. Long Jan 2012

The Freewheelin’ Judiciary: A Bob Dylan Anthology, Alex B. Long

Fordham Urban Law Journal

Judges at all levels in the United States judicial system have cited Bob Dylan far more often than any other popular music artist. The logical question then becomes, “why?” Why is Dylan (rather than John Lennon, Woody Guthrie, or some other prominent and sociallyconscious songwriter) the preferred songwriter for judges, and why do judges feel the need to cite Dylan’s lyrics to begin with? What are they hoping to convey to the reader about the legal issue at hand, the legal system in general, or about themselves that causes them to rely on the works of Dylan? What type of …


Arrested Development: Bob Dylan, Held For Questioning Under Suspicion Of "Autism", Alex Lubet Jan 2012

Arrested Development: Bob Dylan, Held For Questioning Under Suspicion Of "Autism", Alex Lubet

Fordham Urban Law Journal

This Article discusses an encounter Bob Dylan had with the law and its meaning in the context of the social constructions of mental disability, in general, and on autism in particular. The author does not speculate on Dylan's autism status.


"No Older 'N Seventeen": Defending In Dylan Country, Abbe Smith Jan 2012

"No Older 'N Seventeen": Defending In Dylan Country, Abbe Smith

Fordham Urban Law Journal

This article is about an actual experience the author had defending a teenager accused of a serious crime where Bob Dylan grew up-- the Minnesota Iron Range. In order to protect the young man's privacy, it does not divulge the actual time period of the case. Likewise, details about his life and the charges he was facing have been changed. His name has been changed to Jamal. Things did not go well for Jamal. Though a child when he was sent from the juvenile jail outside of Washington, D.C. to a secure treatment facility for serious juvenile offenders in the …


Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney Jan 2012

Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney

Fordham Urban Law Journal

No abstract provided.


Fear And Loathing In Trademark Enforcement, Jeremy N. Sheff Jan 2012

Fear And Loathing In Trademark Enforcement, Jeremy N. Sheff

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Evolving Battlefields: Does Stuxnet Demonstrate A Need For Modifications To The Law Of Armed Conflict?, Jeremy Richmond Jan 2012

Evolving Battlefields: Does Stuxnet Demonstrate A Need For Modifications To The Law Of Armed Conflict?, Jeremy Richmond

Fordham International Law Journal

No abstract provided.


Barriers To H-1b Visa Sponsorship In The It Consulting Industry: The Economic Incentive To Alter H-1b Policy, Karen Jensen Jan 2012

Barriers To H-1b Visa Sponsorship In The It Consulting Industry: The Economic Incentive To Alter H-1b Policy, Karen Jensen

Fordham International Law Journal

No abstract provided.


Direct Taxation In The European Union:From Maastricht To Lisbon, Tracy A. Kaye Jan 2012

Direct Taxation In The European Union:From Maastricht To Lisbon, Tracy A. Kaye

Fordham International Law Journal

No abstract provided.


Building A Socioeconomic Constitution: A Fantastic Object?, Erica Szyszcak Jan 2012

Building A Socioeconomic Constitution: A Fantastic Object?, Erica Szyszcak

Fordham International Law Journal

No abstract provided.


A Critical Linkage The Role Of German Constitutional Law In The European Economic Crisis And The Future Of The Eurozone, Jared Curzan Jan 2012

A Critical Linkage The Role Of German Constitutional Law In The European Economic Crisis And The Future Of The Eurozone, Jared Curzan

Fordham International Law Journal

No abstract provided.


Why Party Democrats Need Popular Democracy And Popular Democrats Need Parties , Ethan J. Leib, Christopher S. Elmendorf Jan 2012

Why Party Democrats Need Popular Democracy And Popular Democrats Need Parties , Ethan J. Leib, Christopher S. Elmendorf

Faculty Scholarship

Too often, popular political power-whether it is in the form of direct democracy or other more innovative forays in participatory or deliberative democracy-presents itself principally as a counterweight to the political power parties wield. Yet setting up "popular democracy" and '"party democracy" in opposition to one another in the American political landscape is not only unnecessary but also pathological: this oppositional posture risks the ossification of party democracy and keeps popular democrats insulated from the substantial improvements the power of parties could bring to the polity. This Article, accordingly, seeks to enrich both party democracy and popular democracy by showing …


Evaluating The Palestinians’ Claimed Right Of Return, Andrew Kent Jan 2012

Evaluating The Palestinians’ Claimed Right Of Return, Andrew Kent

Faculty Scholarship

This Article takes on a question at the heart of the longstanding Israeli-Palestinian dispute: did Israel violate international law during the conflict of 1947-49 either by expelling Palestinian civilians or by subsequently refusing to repatriate Palestinian refugees? Palestinians have claimed that Israel engaged in illegal ethnic cleansing, and that international law provides a "right of return" for the refugees displaced during what they call al-Nakbah (the catastrophe). Israel has disagreed, blaming Arab aggression and unilateral decisions by Arab inhabitants for the refugees' flight, and asserting that international law provides no right of the refugees to return to Israel. Each side …


Must Licenses Be Contracts? Consent And Notice In Intellectual Property, Mark R. Patterson Jan 2012

Must Licenses Be Contracts? Consent And Notice In Intellectual Property, Mark R. Patterson

Faculty Scholarship

Intellectual property owners often seek to provide access to their patented or copyrighted works while at the same time imposing restrictions on that access. One example of this approach is “field-of-use” licensing in patent law, which permits licensees to use the patented invention but only in certain ways. Another is open-source licensing in copyright law, where copyright owners typically require licensees that incorporate open-source software in other products to license those other products on an open-source basis as well. Surprisingly, though, the legal requirements for granting restricted access are unclear. The source of the lack of clarity is the ill-defined …


Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel S. Terry, Steve Mark, Tahlia Gordon Jan 2012

Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel S. Terry, Steve Mark, Tahlia Gordon

Fordham Law Review

No abstract provided.


Bearing Down On Trademark Bullies, Irina D. Manta Jan 2012

Bearing Down On Trademark Bullies, Irina D. Manta

Fordham Intellectual Property, Media and Entertainment Law Journal

Trademark bullying has become a persistent problem, with large companies intimidating smaller entities with cease and desist campaigns and achieving anti-competitive results. A number of tactics exist to deal with bullying behavior. One of them is the imposition of judicial sanctions, but the standards in that area are unclear and the defendants often do not have the financial means to engage in litigation at all. Other, extralegal measures such as shaming have shown some success, but also present numerous drawbacks and prove insufficient when used against powerful actors. This symposium contribution proposes a new model that draws on the existing …