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Articles 91 - 98 of 98
Full-Text Articles in Law
The Ubit: Leveling An Uneven Playing Field Or Tilting A Level One?, Michael S. Knoll
The Ubit: Leveling An Uneven Playing Field Or Tilting A Level One?, Michael S. Knoll
Fordham Law Review
No abstract provided.
Fighting Discrimination While Fighting Litigation: A Tale Of Two Supreme Courts, Scott A. Moss
Fighting Discrimination While Fighting Litigation: A Tale Of Two Supreme Courts, Scott A. Moss
Fordham Law Review
The U.S. Supreme Court has issued an odd mix of pro-plaintiff and pro-defendant employment law rulings. It has disallowed harassment lawsuits against employers even with failed antiharassment efforts, construed statutes of limitations narrowly to bar suits about ongoing promotion and pay discrimination, and denied protection to public employee internal complaints. Yet the same Court has issued significant unanimous rulings easing discrimination plaintiffs' burdens of proof. This jurisprudence is often miscast in simple pro-plaintiff or pro-defendant terms. The Court's duality traces to its inconsistent and unaware adoption of competing policy arguments: Policy 1: Employees must try internal dispute resolution before suing--or …
Protecting Newly Discovered Antiquities: Thinking Outside The "Fee Simple" Box, Peter T. Wendel
Protecting Newly Discovered Antiquities: Thinking Outside The "Fee Simple" Box, Peter T. Wendel
Fordham Law Review
Newly discovered antiquities are “mixed goods.” They have a physical component (the object itself) and an intangible component (the archeological and historical information associated with the discovery). This dual nature justifies government intervention into the market, not to capture the positive externalities associated with the antiquity, but to minimize the negative externalities associated with the law of finders. When the typical finder excavates an antiquity, its historical and archeological information is severely damaged, if not destroyed. In response to this problem, source countries have enacted state ownership/retention statutes. These laws, however, have their own negative externalities. They create incentives for …
Clarifying The Curative Admissibility Doctrine: Using The Principles Of Forfeiture And Deterrence To Shape The Relief For An Opponent's Evidentiary Misconduct, Edward J. Imwinkelried
Clarifying The Curative Admissibility Doctrine: Using The Principles Of Forfeiture And Deterrence To Shape The Relief For An Opponent's Evidentiary Misconduct, Edward J. Imwinkelried
Fordham Law Review
No abstract provided.
What Critiques Of Sarbanes-Oxley Can Teach About Regulation Of Nonprofit Governance, Ellen P. Aprill
What Critiques Of Sarbanes-Oxley Can Teach About Regulation Of Nonprofit Governance, Ellen P. Aprill
Fordham Law Review
No abstract provided.
Rebuilding The Safety Mechanism: Does 18 U.S.C. § 3553(E) Violate The Separation Of Powers, Michael Buescher
Rebuilding The Safety Mechanism: Does 18 U.S.C. § 3553(E) Violate The Separation Of Powers, Michael Buescher
Fordham Law Review
This Note examines the government motion requirement of 18 U.S.C. § 3553(e) and section 5K1.1 of the Federal Sentencing Guidelines from a separation of powers perspective. The issues discussed include whether requiring authorization from the prosecutor before a sentencing judge can consider a defendant's cooperation when determining whether to grant a downward departure below a mandatory minimum sentence violates separation of powers. Building on the concerns of past commentators and recognizing that the Federal Sentencing Guidelines are likely here to stay, this Note proposes that, in order to protect the perception of integrity in the criminal justice system, Congress should …
Birthright Citizenship And The Alien Citizen, Mae M. Ngai
Birthright Citizenship And The Alien Citizen, Mae M. Ngai
Fordham Law Review
No abstract provided.
Wrestling With Muds To Pin Down The Truth About Special Districts, Sara C. Galvan
Wrestling With Muds To Pin Down The Truth About Special Districts, Sara C. Galvan
Fordham Law Review
Federal, state, and local governments encourage and empower special districts--board-run, special purpose local government units that are administratively and fiscally independent from general purpose local governments. Special districts receive incentives, grants, and freedom from limitations (such as limitations on tax and debt) imposed on general purpose local governments. Special districts are treated favorably because they are small in size, which theoretically means they foster democratic participation; are limited in purpose, meaning that states can tailor special districts' powers to serve specific problems; and are viewed as efficient solutions to specific problems. Though special districts have tripled in number over the …