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Articles 1 - 30 of 61
Full-Text Articles in Law
Divined Comity: Assessing The Vitamin C Antitrust Litigation And Updating The Second Circuit’S Prescriptive Comity Framework, William Weingarten
Divined Comity: Assessing The Vitamin C Antitrust Litigation And Updating The Second Circuit’S Prescriptive Comity Framework, William Weingarten
Fordham Journal of Corporate & Financial Law
In re Vitamin C Antitrust Litigation, recently decided by the Second Circuit, sets a grave precedent for American plaintiffs seeking redress for antitrust injuries wrought by foreign defendants. The case involved a group of Chinese manufacturers and exporters of vitamin C, who conspired to fix prices and restrict output in the export market, injuring American consumers in import commerce. The foreign manufacturers conceded that they had colluded in fixing prices and restricting output, in flagrant violation of U.S. antitrust law. And yet, with the assistance of the Chinese government—intervening as amicus curiae—the defendants were successfully able to argue, on appeal …
Introduction To The Symposium On Feminist Approaches To International Law Thirty Years On: Still Alienating Oscar?, Catherine Powell, Adrien K. Wing
Introduction To The Symposium On Feminist Approaches To International Law Thirty Years On: Still Alienating Oscar?, Catherine Powell, Adrien K. Wing
Faculty Scholarship
No abstract provided.
Argh, No More Pirating America’S Booty: Improving Copyright Protections For American Creators In China, Johnathan Ling
Argh, No More Pirating America’S Booty: Improving Copyright Protections For American Creators In China, Johnathan Ling
Fordham Intellectual Property, Media and Entertainment Law Journal
The advent of the internet brought about revolutionary changes and challenges to the world. Internet piracy is one area which is presenting new challenges, particularly to copyright holders such as artists, filmmakers, and creators. China has been a hotbed of piracy and is home to the second highest number of file sharing infringers in the world. China has made strides to improve its copyright protection, such as implementing a copyright law in 1990, as well as joining the World Trade Organization and signing on to the Agreement on Trade-Related Aspects of Intellectual Property Rights, which specifies minimum levels of intellectual …
Cross-Border Corruption Enforcement: A Case For Measured Coordination Among Multiple Enforcement Authorities, Jay Holtmeier
Cross-Border Corruption Enforcement: A Case For Measured Coordination Among Multiple Enforcement Authorities, Jay Holtmeier
Fordham Law Review
The steady increase in cooperation and information sharing among governments is a trend commonly noted in discussions of current anticorruption enforcement. There is no shortage of evidence to support this observation. In 2013 and 2014 alone, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) recognized the cooperation and assistance of foreign law enforcement authorities in at least twenty-three actions brought under the U.S. Foreign Corrupt Practices Act (FCPA or “the Act”). U.S. enforcement authorities—once the world’s primary anticorruption enforcers—increasingly can and do rely on the help of their international counterparts and are pursuing more investigations that run …
The “Demand Side” Of Transnational Bribery And Corruption: Why Leveling The Playing Field On The Supply Side Isn’T Enough, Lucinda A. Low, Sarah R. Lamoree, John London
The “Demand Side” Of Transnational Bribery And Corruption: Why Leveling The Playing Field On The Supply Side Isn’T Enough, Lucinda A. Low, Sarah R. Lamoree, John London
Fordham Law Review
The domestic and international legal framework for combating bribery and corruption (“ABC laws”), including both private and public corrupt practices that are transnational (cross border) in character, has dramatically expanded over the last twenty years. Despite these developments, major gaps remain. This Article examines one of the largest systemic gaps: the absence of effective tools to control the demand side of transnational bribery and corruption—the corrupt solicitation of a benefit—especially when it involves a public official.
Felonious, Erroneous, It’S All Odious: A Story Of Debt Gone Wrong, Virginia M. Brown
Felonious, Erroneous, It’S All Odious: A Story Of Debt Gone Wrong, Virginia M. Brown
Fordham Law Review
Iraq is paying off debt from Saddam Hussein’s rule. South Africa is paying off debt obligations incurred under apartheid rule. Argentina is renegotiating debts that can be traced back to a de facto military-civilian regime that was ousted in 1976. There are numerous examples in which sovereigns are paying off debts that previous governing regimes incurred while oppressing their citizens. Should sovereigns be obligated to pay these debts? Were the debts really incurred by the sovereign or were they incurred by the governing regime in question? What if the lender knew in advance what the proceeds would be used for? …
Where To, Mr. Warbucks?: A Comparative Analysis Of The Us And Uk Investor Visa Programs, Stephanie Torkian
Where To, Mr. Warbucks?: A Comparative Analysis Of The Us And Uk Investor Visa Programs, Stephanie Torkian
Fordham International Law Journal
Part I discusses the background of the US and UK investor visas by considering the intentions, legislative histories, and relevant immigration schemes of each country’s program. Part II outlines and describes the requirements of each investor visa category and also touches on the alternatives offered under each program. Part III compares the US and UK investor visa programs, evaluates the issues associated with the US investor visa, and considers the benefits accompanying the UK investor visa. Eventually, this Comment concludes that the United Kingdom’s simple and straightforward process is preferred to the United States’ complicated and uncertain method.
Who Owns The Scythian Gold? The Legal And Moral Implications Of Ukraine And Crimea's Cultural Dispute, Maria Nudelman
Who Owns The Scythian Gold? The Legal And Moral Implications Of Ukraine And Crimea's Cultural Dispute, Maria Nudelman
Fordham International Law Journal
This Note analyzes respective legal arguments that Ukraine and the Crimean museums can make to prove ownership of the objects. Part I establishes several elements key to the subsequent discussion, including the political and historical background of this dispute, the relevant laws on a national and international level, and the role of ethics and morality in the field of cultural heritage laws generally. Part II will consider relevant cultural heritage case studies, including treaties that divided cultural property after countries broke apart, the Thailand-Cambodian border dispute and the temple of Preah Vihear, and cases involving Soviet nationalized art. Past case …
Double Remedies In Double Courts, Sungjoon Cho, Thomas H. Lee
Double Remedies In Double Courts, Sungjoon Cho, Thomas H. Lee
Faculty Scholarship
This Article uses an ongoing trade controversy litigated in U.S. courts and the World Trade Organization dispute resolution system as a vehicle for exploring different models to deal with parallel adjudications in different legal systems between the same or related parties on the same issue. In lieu of more traditional models of subordination or first-to-decide sequencing, the Article proposes an engagement model as a solution to the double courts, single issue problem.
The Future Of General Jurisdiction: The Effects Of Daimler Ag V. Bauman, Stephanie Denker
The Future Of General Jurisdiction: The Effects Of Daimler Ag V. Bauman, Stephanie Denker
Fordham Journal of Corporate & Financial Law
The Due Process Clause requires a court to have jurisdiction over a lawsuit before binding the parties to its judgment. However, before 2014, the Supreme Court had not addressed whether a court could impute a subsidiary's contacts to its parent corporation for jurisdictional purposes. Because of this oversight, the Courts of Appeals split over how to impute a subsidiary's contacts. Some courts apply the agency test, while other courts apply variations of the alter ego test. As a result, courts inconsistently asserted jurisdiction over multinational corporations, leading plaintiffs to forum shop and corporations to speculate which forums might assert jurisdiction …
Evaluating The Palestinians’ Claimed Right Of Return, Andrew Kent
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 …
Skeptical Internationalism: A Study Of Whether International Law Is Law, Joshua Kleinfeld
Skeptical Internationalism: A Study Of Whether International Law Is Law, Joshua Kleinfeld
Fordham Law Review
Should international law be understood as a form of law at all? The premise here is that if we are to get some purchase on that question, we should consult the experience of international law in operation. The analysis proceeds in two steps. First, the Article takes up the litigation connected to the Israeli/West Bank barrier, asking whether that case was or could have been addressed in such a way as to keep faith with minimal principles of legality. It wasn’t, the Article finds, but it could have been. Second, the Article specifies four values that are constitutive elements of …
"Federalizing" Immigration Law: International Law As A Limitation On Congress's Power To Legislate In The Field Of Immigration, Shayana Kadidal
"Federalizing" Immigration Law: International Law As A Limitation On Congress's Power To Legislate In The Field Of Immigration, Shayana Kadidal
Fordham Law Review
No abstract provided.
The Role Of International Bodies In Influencing U.S. Policy To End Violence Against Women, Lenora M. Lapidus
The Role Of International Bodies In Influencing U.S. Policy To End Violence Against Women, Lenora M. Lapidus
Fordham Law Review
No abstract provided.
Keynote Address, A Community Of Reason And Rights, Harold Hongju Koh, William Michael Treanor
Keynote Address, A Community Of Reason And Rights, Harold Hongju Koh, William Michael Treanor
Fordham Law Review
No abstract provided.
Medellin's Clear Statement Rule: A Solution For International Delegations, Julian G. Ku
Medellin's Clear Statement Rule: A Solution For International Delegations, Julian G. Ku
Fordham Law Review
No abstract provided.
Lower Courts And Constitutional Comparativism, Roger P. Alford
Lower Courts And Constitutional Comparativism, Roger P. Alford
Fordham Law Review
No abstract provided.
Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel
Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel
Fordham Law Review
No abstract provided.
Does Medellin Matter?, Janet Koven Levit
Singled Out: A Proposal To Extend Asylum To The Unmarried Partners Of Chinese Nationals Fleeing The One-Child Policy, Raina Nortick
Singled Out: A Proposal To Extend Asylum To The Unmarried Partners Of Chinese Nationals Fleeing The One-Child Policy, Raina Nortick
Fordham Law Review
No abstract provided.
Stakeholder Citizenship And Transnational Political Participation: A Normative Evaluation Of External Voting, Rainer Bauböck
Stakeholder Citizenship And Transnational Political Participation: A Normative Evaluation Of External Voting, Rainer Bauböck
Fordham Law Review
No abstract provided.
Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism , Catherine Powell
Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism , Catherine Powell
Faculty Scholarship
Bridging international and constitutional law scholarship, the author examines the question of torture in light of democratic values. The focus in this article is on the international prohibition on torture as this norm was addressed through the political process in the aftermath of Hamdan v. Rumsfeld. Responding to charges that the international torture prohibition -- and international law generally -- poses irreconcilable challenges for democracy and our constitutional framework, the author contends that by promoting respect for fundamental rights and for minorities and outsiders, international law actually facilitates a broad conception of democracy and constitutionalism. She takes on the question …
A Textual And Historical Case Against A Global Constitution, Andrew Kent
A Textual And Historical Case Against A Global Constitution, Andrew Kent
Faculty Scholarship
he emerging conventional wisdom in the legal academy is that individual rights under the U.S. Constitution should be extended to noncitizens outside the United States. This claim - called globalism in my article - has been advanced with increasing vigor in recent years, most notably in response to legal positions taken by the Bush administration during the war on terror. Against a Global Constitution challenges the textual and historical grounds advanced to support the globalist conventional wisdom and demonstrates that they have remarkably little support. At the same time, the article adduces textual and historical evidence that noncitizens were among …
Operation "Drive Out The Trash": The Case For Imposing Targeted United Nations Sanctions Against Zimbabwean Officials, Katherine Hughes
Operation "Drive Out The Trash": The Case For Imposing Targeted United Nations Sanctions Against Zimbabwean Officials, Katherine Hughes
Fordham Law Review
In May 2005, representatives of President Robert Mugabe's government initiated a slum-clearance campaign entitled Operation Murambatsvina, which displaced nearly one million Zimbabweans. Using Operation Murambatsvina as a case study, this Note examines how the United Nations (U.N.) should respond to governments that violate the human rights of those living within their borders. Exploring arguments for and against the various responses available to the U.N., this Note argues that targeted sanctions are the most appropriate response to the abuses perpetrated by the Mugabe regime and offers suggestions for crafting a “smart” sanctions program.
Is The Death Of The Death Penalty Near? The Impact Of Atkins And Roper On The Future Of Capital Punishment For Mentally Ill Defendants, Helen Shin
Fordham Law Review
In recent years, the U.S. Supreme Court has created two categorical exemptions to the death penalty. In Atkins v. Virginia, the Court exempted mentally retarded offenders. Three years later, in Roper v. Simmons, the Court extended the protection to juveniles. Based on these cases, the practices of foreign countries, and the opinions of professional organizations with relevant expertise, legal scholars speculate that the Court may, in the future, categorically exclude severely mentally ill offenders from the death penalty. This Note examines the feasibility of such an exemption for the mentally ill and considers its possible repercussions.
An International Train Wreck Caused In Part By A Defective Whistle: When The Extraterritorial Application Of Sox Conflicts With Foreign Laws, Ian L. Schaffer
An International Train Wreck Caused In Part By A Defective Whistle: When The Extraterritorial Application Of Sox Conflicts With Foreign Laws, Ian L. Schaffer
Fordham Law Review
No abstract provided.
Supreme Court Of The United States As Quasi-International Tribunal: Reclaiming The Court's Original And Exclusive Jurisdiction Over Treaty-Based Suits By Foreign States Against States, The, Thomas H. Lee
Faculty Scholarship
The thesis of this Article is that the Constitution vests in the Supreme Court original and exclusive jurisdiction over suits brought by foreign states against States alleging violation of ratified treaties of the United States. The basis for non-immunity in suits by foreign states is the same theory of ratification consent that is presumed to justify suits against States by other States or the United States. Just as the States by ratifying the Constitution agreed to suits in the national court by other States and the national sovereign to ensure domestic peace, they agreed to suits by foreign states in …
International Law Clients: The Wisdom Of Natural Law, Robert John Araujo
International Law Clients: The Wisdom Of Natural Law, Robert John Araujo
Fordham Urban Law Journal
This Article discusses natural law, the foundation of many international law principles. First, it describes the natural law and its bearing on the practice of international law. Second. it describes the concept of "the common good," a foundation of natural law. Third, it introduces the term "solidarity" and its relation to achieving the common good. Fourth, it describes the concept of "subsidiarity," a form of decision-making necessary for natural law to inform international law. Finally, it explains the suum cuique, a critical precept in natural law as it applies to international law. The Article concludes that natural law principles that …
International Child Abduction And The Escape From Domestic Violence, Merle H. Weiner
International Child Abduction And The Escape From Domestic Violence, Merle H. Weiner
Fordham Law Review
The violence went on for nine months. . . . By the end, the beatings were happening weekly, sometimes three times a week. . . . It always went on in front of the kids. . . . My daughter still asks, 'Why'd papa try to break your arms and legs?'. . . I left France when I realized after nine months that there was nothing I could do there to stop the violence.
The Rise Or The Fall Of International Law?, Edith Brown Weiss
The Rise Or The Fall Of International Law?, Edith Brown Weiss
Fordham Law Review
No abstract provided.