Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Human rights (2)
- A circuit split concerning the admissibility of information garnered through Freedom of Information Act requests in qui tam actions threatens to prevent national adoption of Anti-Discrimination Center-type actions. Second (1)
- A defining feature of the existing law of close corporations. This Article contends that a more nuanced theory of contract—freed from the limiting assumptions of standard law and economics—offers a persuasive justification for judicial protection of vulnerable minority shareholders. Moreover (1)
- Above all (1)
- According to standard law and economics (1)
-
- Advance the values of private ordering. (1)
- After a growing tide of attorneys failed to meet the Antiterrorism and Effective Death Penalty Act’s one-year statute of limitations when filing federal habeas corpus petitions on behalf of their incarcerated clients. In Holland v. Florida (1)
- Although courts often describe the shareholder relationship in fiduciary terms (1)
- And Eighth Circuits assert that (1)
- And enforcement of the FHA’s desegregation provision—the “Affirmatively Furthering Fair Housing” (AFFH) duties. This Note explains why the Anti-Discrimination Center selected a qui tam action via the Federal False Claims Act to enforce Westchester’s duties. After highlighting the inadequacies of the FHA enforcement scheme (1)
- Appears irreconcilably opposed to minority shareholder protection (1)
- Arbitration has been increasingly recognized by Congress and the courts as an efficient alternative to courtroom adjudication. The circuit courts of appeals differ in their interpretations of the third party discovery authority that the Federal Arbitration Act (FAA) grants to an arbitrator. The conflict among the circuits reveals a tension between the courts’ desire to uphold individual rights by treating arbitration agreements as private contracts and the desire to maintain arbitration as an efficient alternative to litigation. This Note surveys the unresolved circuit split and argues that (1)
- As well as the International Criminal Tribunal for the former-Yugoslavia’s (ICTY) application of the Rule. Finding an inconsistent application of the Rule between applications for transfer outside Rwanda and to Rwanda itself (1)
- At the same time (1)
- Be able to transfer cases to Rwanda (1)
- Behind such requests lies the pressing need to resolve all outstanding cases before the Tribunal’s looming 2013 termination date. This Note explores the requirements for a successful transfer to a domestic jurisdiction set forth in Rule 11bis and how the Government of Rwanda has labored (1)
- Books Received (1)
- Civil procedure (1)
- Contract theory provides a more coherent explanation of current doctrine. The “contractarian” objection to shareholder protection poses a false choice between fairness and autonomy: by enforcing the implicit contractual obligations of good faith and fair dealing (1)
- Corporate law (1)
- Corporations (1)
- Courts protect minority shareholders from oppression and (1)
- Courts throughout the nation were deciding this question (1)
- Despite granting requests for transfer to other countries’ courts (1)
- Does not distinguish between domestic Rwandan courts and other jurisdictions. However (1)
- Due process (1)
- ERISA (1)
- Establishment clause (1)
- Evidence (1)
- Focusing on the plain meaning of the statute’s language (1)
Articles 1 - 30 of 116
Full-Text Articles in Law
Swapped Disincentives: Will Clearinghouses Mitigate The Unintended Effects Of The Bankruptcy Code's Swap Exemptions?, Timothy P.W. Sullivan
Swapped Disincentives: Will Clearinghouses Mitigate The Unintended Effects Of The Bankruptcy Code's Swap Exemptions?, Timothy P.W. Sullivan
Fordham Law Review
The Bankruptcy Code contains exemptions for swap agreements that allow creditors to seize collateral, to terminate their contract, and to net obligations once the debtor files for bankruptcy. By privileging this class of creditors, these provisions reduce incentives to monitor counterparty risk, and thus magnified losses experienced during the recent financial crisis. Congress overlooked this role of the Bankruptcy Code in destabilizing the financial system. Instead, its response was to require that all swaps be traded through a clearinghouse. This failure to address one of the contributing factors to the swap market’s collapse should be worrisome, as a clearinghouse’s traditional …
The Age Of Forgotten Innocence: The Dangers Of Applying Analog Restrictions To Innocent Infringement In The Digital Era, Brian Sheridan
The Age Of Forgotten Innocence: The Dangers Of Applying Analog Restrictions To Innocent Infringement In The Digital Era, Brian Sheridan
Fordham Law Review
Recently, two popular topics of discussion within intellectual property law have been the statutory damage regime and the legality of peer-to-peer (P2P) downloading. This Note examines a rarely discussed interplay between these two concepts: the innocent infringement defense. Innocent infringement allows a court to dramatically reduce the minimum statutory damage award for an act of copyright infringement from $750 to $200 per act. Both the Fifth and Seventh Circuits have found that § 402(d) of the Copyright Act eliminates innocent infringement as a matter of law in a P2P download setting.This Note examines those circuits’ reasoning as well as the …
Sisyphus Meets Icarus: The Jurisdictional And Comity Limits Of Post-Satisfaction Anti-Foreign-Suit Injunctions, Anthony C. Piccirillo
Sisyphus Meets Icarus: The Jurisdictional And Comity Limits Of Post-Satisfaction Anti-Foreign-Suit Injunctions, Anthony C. Piccirillo
Fordham Law Review
No abstract provided.
Defending Your Client's Property Rights In Space: A Practical Guide For The Lunar Litigator, Blake Gilson
Defending Your Client's Property Rights In Space: A Practical Guide For The Lunar Litigator, Blake Gilson
Fordham Law Review
No abstract provided.
Party Foul: The Fourth Circuit's Improper Application Of The Commercial Speech Test Ineducational Media Co. At Virginia Tech, Inc. V. Swecker, Michelle Silva Fernandes
Party Foul: The Fourth Circuit's Improper Application Of The Commercial Speech Test Ineducational Media Co. At Virginia Tech, Inc. V. Swecker, Michelle Silva Fernandes
Fordham Law Review
The pervasive culture of underage and excessive drinking on college campuses has led to numerous federal and state regulatory efforts to reduce drinking rates among college students. One such policy has been to restrict alcohol advertisements in college student publications, which implicates the First Amendment by limiting access to lawful commercial speech. Although the Supreme Court has developed a four-part balancing test to determine the validity of commercial speech restrictions, the Court has not articulated the level of proof required for assessing the validity of restrictions on alcohol advertisements in college student publications. This Note focuses on the degree of …
Dead Again: The Latest Demise Of The Confrontation Clause, Michael D. Cicchini
Dead Again: The Latest Demise Of The Confrontation Clause, Michael D. Cicchini
Fordham Law Review
In Crawford v. Washington, the Supreme Court abandoned its Roberts “reliability” approach to the right of confrontation. The Court conceded that the Roberts decision had killed the Confrontation Clause by: (1) impermissibly tying the right of confrontation to the rule against hearsay; (2) inappropriately allowing pretrial determinations of reliability to replace actual cross-examination at trial; (3) relying too heavily on malleable, multi-factor balancing tests; and (4) completely failing to constrain judicial discretion. Since Crawford, however, the Court has decided Davis v. Washington and Michigan v. Bryant. Unfortunately, in the course of deciding those cases the Court has once again killed …
Using Tort Law To Understand The Causation Prong Of Standing, Luke Meier
Using Tort Law To Understand The Causation Prong Of Standing, Luke Meier
Fordham Law Review
Under current Supreme Court case law, a plaintiff does not have Article III standing to sue in federal court unless that plaintiff can demonstrate “causation.” The term “causation” is ubiquitous within the law. Because of the frequency with which the term appears in various legal contexts, however, the conceptual analysis associated with that term can vary. Unfortunately, the Supreme Court has never clearly established the conceptual analysis necessary for making the causation determination within standing law. Consequently, there is confusion on this question. This Article addresses that confusion by relying on causation terms and concepts fully developed within tort law. …
Slicing Through The Great Legal Gordian Knot: Ways To Assist Pro Se Litigants In Their Quest For Justice, Shon R. Hopwood
Slicing Through The Great Legal Gordian Knot: Ways To Assist Pro Se Litigants In Their Quest For Justice, Shon R. Hopwood
Fordham Law Review
No abstract provided.
Foreword: Root Causes Of The Pro Se Prisoner Litigation Crisis, Michael W. Martin
Foreword: Root Causes Of The Pro Se Prisoner Litigation Crisis, Michael W. Martin
Fordham Law Review
No abstract provided.
Origins Of The Social Function Of Property In Chile, M.C. Mirow
Origins Of The Social Function Of Property In Chile, M.C. Mirow
Fordham Law Review
No abstract provided.
The Social Function Of Property In Brazilian Law, Alexandre Dos Santos Cunha
The Social Function Of Property In Brazilian Law, Alexandre Dos Santos Cunha
Fordham Law Review
No abstract provided.
Liberalism And Property In Colombia: Property As A Right And Property As A Social Function, Daniel Bonilla
Liberalism And Property In Colombia: Property As A Right And Property As A Social Function, Daniel Bonilla
Fordham Law Review
No abstract provided.
The Social Function Of Property And The Human Capacity To Flourish, Colin Crawford
The Social Function Of Property And The Human Capacity To Flourish, Colin Crawford
Fordham Law Review
No abstract provided.
Property's Memories, Eduardo M. Peñalver
Sketches For A Hamiltonian Vernacular As A Social Function Of Property, Nestor M. Davidson
Sketches For A Hamiltonian Vernacular As A Social Function Of Property, Nestor M. Davidson
Fordham Law Review
No abstract provided.
Pluralism And Property, Gregory S. Alexander
Introduction, Sheila R. Foster, Daniel Bonilla
Introduction, Sheila R. Foster, Daniel Bonilla
Fordham Law Review
No abstract provided.
The Fatca Provisions Of The Hire Act: Boldly Going Where No Withholding Has Gone Before , Melissa A. Dizdarevic
The Fatca Provisions Of The Hire Act: Boldly Going Where No Withholding Has Gone Before , Melissa A. Dizdarevic
Fordham Law Review
In an effort to crack down on offshore tax evasion, the United States is implementing a new set of information reporting and withholding requirements on foreign banks and other foreign entities. These provisions, known as the Foreign Account Tax Compliance Act (FATCA) provisions of the Hiring Incentives to Restore Employment (HIRE) Act, require thirty percent withholding of the entity’s U.S.-source income, unless they disclose specific information regarding their customers’ identities and account balances. While this may be an effective way to force foreign institutions into compliance, it also raises questions about how it will function within existing tax reporting systems, …
Seeking A Clearer Picture: Assessing The Appropriate Regulatory Framework For Broadband Video Distribution , Adam B. Vanwagner
Seeking A Clearer Picture: Assessing The Appropriate Regulatory Framework For Broadband Video Distribution , Adam B. Vanwagner
Fordham Law Review
This Note examines the appropriate regulatory framework for the distribution of commercial video content over broadband networks. As online video providers such as Netflix and Hulu expand, they are beginning to compete directly with the video services of major cable and telecommunications companies. Frequently, these companies also serve as a customer’s Internet service provider, leaving them in the position of carrying these competitive services over their broadband networks. This conflict has led to calls for regulation that would protect nascent online video services from feared anticompetitive actions by the major providers. In April 2010, against the backdrop of this expanding …
"Moral Monsters" Under The Bed: Holding Corporations Accountable For Violations Of The Alien Tort Statute After Kiobel V. Royal Dutch Petroleum Co., Mara Theophila
Fordham Law Review
The Alien Tort Statute (ATS) provides foreign plaintiffs with the sole means of obtaining jurisdiction in U.S. courts for alleged human rights abuses. These plaintiffs increasingly seek to hold corporations accountable for complicity in some of the most notorious violations of international law occurring overseas. Prior to 2010, U.S. courts routinely entertained ATS claims against corporations without question. Yet, the U.S. Court of Appeals for the Second Circuit in Kiobel v. Royal Dutch Petroleum Co. recently held that the ATS does not provide foreign plaintiffs redress against corporate entities. The Second Circuit relied solely on international law in making this …
Computers As Castles: Preventing The Plain View Doctrine From Becoming A Vehicle For Overbroad Digital Searches , James Saylor
Computers As Castles: Preventing The Plain View Doctrine From Becoming A Vehicle For Overbroad Digital Searches , James Saylor
Fordham Law Review
The plain view doctrine is based on the practical logic that an officer need not turn a blind eye to evidence that is immediately apparent as incriminating when he is lawfully present, where the object can be seen, and where he has a legal right to access that object. However, in the context of digital searches, this basic logic is stretched to a point that directly conflicts with the original purposes of the Fourth Amendment. The immense amount of data present on computers makes these searches much more intrusive. Officers employ search methods and techniques to access files that involve …
Giving Arbitration Some Credit: The Enforceability Of Arbitration Clauses Under The Credit Repair Organizations Act , Genevieve Hanft
Giving Arbitration Some Credit: The Enforceability Of Arbitration Clauses Under The Credit Repair Organizations Act , Genevieve Hanft
Fordham Law Review
In today’s economy, the effects of a bad credit report are devastating to consumers. Individuals with poor credit history are often crippled in their ability to purchase even the smallest item, and consequently turn for help to credit repair organizations advertising services that cure bad credit. Frequently, however, these organizations merely accept high fees from customers already in dire financial straits, without improving their financial standing. To combat these predatory practices, Congress passed the Credit Repair Organizations Act (CROA), which imposes several requirements on credit repair organizations. One such provision mandates that credit repair organizations give a form to each …
Blanket Policies For Strip Searching Pretrial Detainees: An Interdisciplinary Argument For Reasonableness , Daphne Ha
Blanket Policies For Strip Searching Pretrial Detainees: An Interdisciplinary Argument For Reasonableness , Daphne Ha
Fordham Law Review
In 2010, the U.S. Courts of Appeals for the Third and Ninth Circuits joined the U.S. Court of Appeals for the Eleventh Circuit in upholding the constitutionality of blanket strip search policies in correctional institutions. As a result, more government officials across the country can strip search arrestees and pretrial detainees as a matter of routine procedure without any reasonable suspicion that the detainees have contraband. These detainees include individuals without criminal histories who are arrested for traffic or other minor offenses, and who have done nothing to suggest that they are attempting to smuggle contraband into correctional facilities. This …
The Modern Common Law Of Foreign Official Immunity , Beth Stephens
The Modern Common Law Of Foreign Official Immunity , Beth Stephens
Fordham Law Review
In Samantar v. Yousuf, 130 S. Ct. 2278 (2010), decided in June 2010, the U.S. Supreme Court held that the Foreign Sovereign Immunities Act (FSIA), the federal immunity statute, does not protect foreign government officials sued in U.S. courts. The decision resolved longstanding splits among the circuits and between the circuits and the Executive Branch on an issue that is key to international relations and hotly contested around the world: When are government officials immune from suit in the courts of a foreign state? The Court remanded to the lower court to determine whether common law immunity protects foreign officials …
Obama's "Czars" For Domestic Policy And The Law Of The White House Staff, Aaron J. Saiger
Obama's "Czars" For Domestic Policy And The Law Of The White House Staff, Aaron J. Saiger
Fordham Law Review
No abstract provided.
Labor Values Are First Amendment Values: Why Union Comprehensive Campaigns Are Protected Speech , Charlotte Garden
Labor Values Are First Amendment Values: Why Union Comprehensive Campaigns Are Protected Speech , Charlotte Garden
Fordham Law Review
Corporate targets of union “comprehensive campaigns” increasingly have responded by filing civil Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuits alleging that unions’ speech and petitioning activities are extortionate. These lawsuits are the descendants of the Supreme Court’s unexplained treatment of much labor speech as less worthy of protection than other types of speech. Starting from the position that speech that promotes democratic discourse deserves top-tier First Amendment protection, I argue that labor speech—which plays a unique role in civil society—should be on an equal footing with civil rights speech. Thus, even if union advocacy qualifies as legal extortion, the …
A Modest Proposal: Abolishing Agency Independence In Free Enterprise Fund V. Pcaob, Neomi Rao
A Modest Proposal: Abolishing Agency Independence In Free Enterprise Fund V. Pcaob, Neomi Rao
Fordham Law Review
No abstract provided.
Another Word On The President's Statutory Authority Over Agency Action , Nina A. Mendelson
Another Word On The President's Statutory Authority Over Agency Action , Nina A. Mendelson
Fordham Law Review
No abstract provided.
Federal Power, Non-Federal Actors: The Ramifications Of Free Enterprise Fund, Harold J. Krent
Federal Power, Non-Federal Actors: The Ramifications Of Free Enterprise Fund, Harold J. Krent
Fordham Law Review
No abstract provided.
Who's In Charge? Does The President Have Directive Authority Over Agency Regulatory Decisions? , Robert V. Percival
Who's In Charge? Does The President Have Directive Authority Over Agency Regulatory Decisions? , Robert V. Percival
Fordham Law Review
No abstract provided.