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Articles 1 - 15 of 15
Full-Text Articles in Law
Collateral Damage: When Should The Determinations Of Administrative Adjudications Have Collateral Estoppel Effect In Subsequent Adjudications?, Matthew Faust
Fordham Law Review
Collateral estoppel is an equitable doctrine under which a court gives issue-preclusive effect to findings of fact or law made in previous proceedings. The U.S. Supreme Court has recently held that under certain circumstances, the determinations of administrative adjudications have collateral estoppel effect in federal court. The Court, however, did not address under which circumstances the determinations of administrative adjudications should have collateral estoppel effect in subsequent administrative adjudications. There has been little clear and consistent reasoning in lower federal courts about when collateral estoppel should apply in administrative adjudications, and administrative agencies vary widely in their application of collateral …
Solving The Puzzle Of Mead And Christensen: What Would Justice Stevens Do?, Amy J. Wildermuth
Solving The Puzzle Of Mead And Christensen: What Would Justice Stevens Do?, Amy J. Wildermuth
Fordham Law Review
No abstract provided.
Reforming The Administrative Procedure Act: Democracy Index Rulemaking, David Fontana
Reforming The Administrative Procedure Act: Democracy Index Rulemaking, David Fontana
Fordham Law Review
No abstract provided.
Shortness Of Vision: Regulatory Ambition In The Digital Age, Susan P. Crawford
Shortness Of Vision: Regulatory Ambition In The Digital Age, Susan P. Crawford
Fordham Law Review
No abstract provided.
Broadcast Indecency Regulation In The Era Of The "Wardrobe Malfunction": Has The Fcc Grown Too Big For Its Britches?, Brian J. Rooder
Broadcast Indecency Regulation In The Era Of The "Wardrobe Malfunction": Has The Fcc Grown Too Big For Its Britches?, Brian J. Rooder
Fordham Law Review
No abstract provided.
The Dialectics Of Change: The New York City Health And Hospitals Corporation At A Crossroad, Edna Wells Handy
The Dialectics Of Change: The New York City Health And Hospitals Corporation At A Crossroad, Edna Wells Handy
Fordham Urban Law Journal
New York City Mayors have long struggled with what to do with the New York City Health and Hospital Corporation ("HHC"). HHC is neither a city agency nor a department; nor is it a true public benefit corporation or authority. Given recent problems faced by HHC, like the AIDS crisis, evaporating public funding, a shrinking pool from which to hire employees, the movement to make HHC more accountable and connected with city government has grown. This article argues that to fully take advantage of the potential that HHC has, the opposite should be done: HHC should be allowed to vest …
Judicial Review Of Allegedly Ultra Vires Actions Of The Veterans' Administration: Does 38 U.S.C. § 211(A) Preclude Review, Stephen Van Dolsen
Judicial Review Of Allegedly Ultra Vires Actions Of The Veterans' Administration: Does 38 U.S.C. § 211(A) Preclude Review, Stephen Van Dolsen
Fordham Law Review
No abstract provided.
The Art Investment Contract: Application Of Securities Law To Art Purchases, Maureen Holm
The Art Investment Contract: Application Of Securities Law To Art Purchases, Maureen Holm
Fordham Urban Law Journal
This article examines art transactions as investment contracts. It posits that the art investor could benefit from the same preventive and remedial regulations imposed upon conventional investment transactions, describing and analyzing the five principal types of art transactions. It then explores the substantive concerns facing the art investor and existing protections, in comparison to the protections available to the investor in conventional securities investments. The article then analyzes the proposition that art transactions typically constitute investment contracts in light of Supreme Court decisions on the topic. Finally, the article discusses the current position of the Securities and Exchange Commission ("SEC") …
Nuclear Accidents: Judicial Review Of The Nrc's Duty To Issue A Health Warning, Valerie Acerra
Nuclear Accidents: Judicial Review Of The Nrc's Duty To Issue A Health Warning, Valerie Acerra
Fordham Urban Law Journal
This article focuses on the increasing effects of carcinogens and toxins into the environment on the public health, particularly the hazards of radiation. Utilizing the Three Mile Island nuclear power accident as a case study, it examines the theoretical battles over nuclear power production. It analyzes whether residents living near the Three Mile Island facility were entitled to a health warning due to the radiation emitted by the accident. The article proposes that the Nuclear Regulatory Commission should be the body that issues such a warning, and examines whether the issuance of a health warning is a nondiscretionary duty of …
Administrative Law In New York Civil Service Litigation, Julius Levanthal
Administrative Law In New York Civil Service Litigation, Julius Levanthal
Fordham Law Review
No abstract provided.