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Full-Text Articles in Law
Recalling The Lawyers: The Nhtsa, Gm, And The Chevrolet Cobalt, Bernard W. Bell
Recalling The Lawyers: The Nhtsa, Gm, And The Chevrolet Cobalt, Bernard W. Bell
Fordham Law Review
This Article summarizes product safety and vehicle safety law and recounts General Motors Company’s (GM) response to the Cobalt ignition switch defect, paying particular attention to the actions of GM’s in-house and outside counsel. This Article then considers the legality and prudence of a regulatory agency’s imposition of gatekeeping responsibilities on such counsel.
The Laws Of Agency Lawyering, George M. Cohen
The Laws Of Agency Lawyering, George M. Cohen
Fordham Law Review
The great variety of agency rules governing lawyers raises interesting questions that are worth exploring. This Article begins that exploration. Part I lays the groundwork by briefly examining how the ABA Model Rules treat regulatory lawyering to raise the question of what regulatory gaps the agency rules might be expected to fill. Part II sets forth several possible theories of agency rule variation. Part III compares agency rules along a number of dimensions, examines some similarities and differences across agencies as well as between the agency rules and the Model Rules, and offers speculations about what may be driving the …
Importing Energy, Exporting Regulation, James W. Coleman
Importing Energy, Exporting Regulation, James W. Coleman
Fordham Law Review
This Article identifies and addresses a growing contradiction at the heart of United States energy policy. States are the traditional energy regulators and energy policy innovators—a role that has only grown more important without a settled federal climate policy. Federal regulators and market pressures, however, increasingly demand integrated national and international energy markets. Deregulation, the rise of renewable energy, the shale revolution, and new sources of motor fuel precursors like crude and ethanol have all increased interstate energy trade.
This Article shows how integrated national energy markets are driving states to regulate imported fuel and electricity based on how it …
Disclosure, Deception, And Deep-Packet Inspection: The Role Of The Federal Trade Commission Act's Deceptive Conduct Prohibitions In The Net Neutrality Debate, Catherine J. K. Sandoval
Disclosure, Deception, And Deep-Packet Inspection: The Role Of The Federal Trade Commission Act's Deceptive Conduct Prohibitions In The Net Neutrality Debate, Catherine J. K. Sandoval
Fordham Law Review
This article examines a largely unexplored fronteir in the "Net Neutrality" debate: the Federal Trade Commisiion (FTC) Act's proscriptions against deceptive conduct as a legal limit on Internet Service Provider (ISP) discrimination against Internet traffic. ISP discrimination against certain types of Internet traffic has blossomed since 2005 when the Federal Communications COmmission (FCC), with the Supreme Court's blessings in NCTA v. Brand X and FCC, relieved ISP's from common carrier regulations that prohibited discrimination and reclassified ISPs as "information service providers." This Artcile argues taht the Internet's architecture and codes presumed common carriage, indicating that the Internet's design and industry …
Regulating Direct-To-Consumer Genetic Testing: Protecting The Consumer Without Quashing A Medical Revolution, Jennifer A. Gniady
Regulating Direct-To-Consumer Genetic Testing: Protecting The Consumer Without Quashing A Medical Revolution, Jennifer A. Gniady
Fordham Law Review
This Note examines the existing gaps in regulating genetic tests that are sold directly to consumers and the arguments for and against greater regulation. It advocates adopting an approach that shores up existing regulation of the accuracy of genetic tests under the Food and Drug Administration and Clinical Laboratory Improvement Amendment, while continuing to promote an open market for selling tests directly to consumers. The Note looks to a variety of additional mechanisms for providing further consumer protections such as incentives for voluntary participation in the Food and Drug Administration approval process, an expanded watchdog role for professional organizations, and …
From T-Shirts To Teaching: May Public Schools Constitutionally Regulate Antihomosexual Speech?, Amanda L. Houle
From T-Shirts To Teaching: May Public Schools Constitutionally Regulate Antihomosexual Speech?, Amanda L. Houle
Fordham Law Review
In applying the First Amendment in the public school context, courts are faced with the challenge of balancing the constitutional rights of students against the discretion of schools to control speech and conduct on school grounds. This Note focuses on the specific issue of public schools regulating antihomosexual speech. Evaluating the First Amendment rights of students expressing antihomosexual sentiment through private and school-sponsored mediums, this Note ultimately argues for a comprehensive standard permitting schools to regulate both private and school-sponsored student speech.
The New Antifraud Rule: Is Sec Enforcement The Most Effective Way To Protect Investors From Hedge Fund Fraud?, Kathleen E. Lange
The New Antifraud Rule: Is Sec Enforcement The Most Effective Way To Protect Investors From Hedge Fund Fraud?, Kathleen E. Lange
Fordham Law Review
Hedge Funds have consistently grown in both size and influence. Traditionally, hedge funds escaped regulation because access was limited to the wealthy and sophisticated. However, due to inflation, the wealth threshold has become more attainable to less sophisticated investors. Also, an increasing number of pension funds and other institutional investors have begun to invest a significant portion of their money in hedge funds. This increased growth, combined with the "retailization" of the industry, has led to concern over whether investors are adequately protected from the corresponding growth in hedge fund fraud. This Note argues that, absent new legislation, the SEC …
Nonprofit Law, Economic Challenges, And The Future Of Charities: Introduction, Linda Sugin
Nonprofit Law, Economic Challenges, And The Future Of Charities: Introduction, Linda Sugin
Fordham Law Review
No abstract provided.
Wrong Way Corrigan And Recent Developments In The Nonprofit Landscape: A Need For New Legal Approaches, James J. Fishman
Wrong Way Corrigan And Recent Developments In The Nonprofit Landscape: A Need For New Legal Approaches, James J. Fishman
Fordham Law Review
No abstract provided.
The Search For Greater Accountability Of Nonprofit Organizations: Recent Legal Developments And Proposals For Change, Marion R. Fremont-Smith
The Search For Greater Accountability Of Nonprofit Organizations: Recent Legal Developments And Proposals For Change, Marion R. Fremont-Smith
Fordham Law Review
No abstract provided.
Reforming Internal Revenue Code Provisions On Commercial Activity By Charities, John D. Colombo
Reforming Internal Revenue Code Provisions On Commercial Activity By Charities, John D. Colombo
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.
Director Independence In The Independent Sector, Dana Brakman Reiser
Director Independence In The Independent Sector, Dana Brakman Reiser
Fordham Law Review
No abstract provided.
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.
Resisting The Corporatization Of Nonprofit Governance: Transforming Obedience Into Fidelity., Linda Sugin
Resisting The Corporatization Of Nonprofit Governance: Transforming Obedience Into Fidelity., Linda Sugin
Fordham Law Review
No abstract provided.
"Redeveloping" Corporate Governance Structures: Non-For-Profit Governance During Major Capital Projects, A Case Study At Lincoln Center For The Performing Arts, Lesley Friedman Rosenthal
"Redeveloping" Corporate Governance Structures: Non-For-Profit Governance During Major Capital Projects, A Case Study At Lincoln Center For The Performing Arts, Lesley Friedman Rosenthal
Fordham Law Review
No abstract provided.
Protecting Information Security Under A Uniform Data Breach Notification Law, Kathryn E. Picanso
Protecting Information Security Under A Uniform Data Breach Notification Law, Kathryn E. Picanso
Fordham Law Review
No abstract provided.
The Emergence Of "Law Consultants", Tanina Rostain
The Emergence Of "Law Consultants", Tanina Rostain
Fordham Law Review
No abstract provided.
Taking Cues: Inferring Legality From Others' Conduct, Bruce A. Green
Taking Cues: Inferring Legality From Others' Conduct, Bruce A. Green
Fordham Law Review
No abstract provided.
After Confidentiality: Rethinking The Professional Responsibilities Of The Business Lawyer, William H. Simon
After Confidentiality: Rethinking The Professional Responsibilities Of The Business Lawyer, William H. Simon
Fordham Law Review
No abstract provided.
Good Laws For Junk Fax? Government Regulation Of Unsolicited Solicitations, Adam Zitter
Good Laws For Junk Fax? Government Regulation Of Unsolicited Solicitations, Adam Zitter
Fordham Law Review
No abstract provided.
Grieving Criminal Defense Lawyers, Dennis E. Curtis, Judith Resnik
Grieving Criminal Defense Lawyers, Dennis E. Curtis, Judith Resnik
Fordham Law Review
No abstract provided.
Regulation And Responsibility For Lawyers In The Twenty-First Century, Benjamin C. Zipursky
Regulation And Responsibility For Lawyers In The Twenty-First Century, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
Multidisciplinary Practice And The American Legal Profession: A Market Approach To Regulating The Delivery Of Legal Services In The Twenty-First Century, John S. Dzienkowski, Robert J. Peroni
Multidisciplinary Practice And The American Legal Profession: A Market Approach To Regulating The Delivery Of Legal Services In The Twenty-First Century, John S. Dzienkowski, Robert J. Peroni
Fordham Law Review
No abstract provided.
Harmonization Of Securities Disclosure Rules In The Global Market - A Proposal , Uri Geiger
Harmonization Of Securities Disclosure Rules In The Global Market - A Proposal , Uri Geiger
Fordham Law Review
No abstract provided.
Efficiency And Conspiracy: Conflicts Of Interest, Anti-Nepotism Rules, And Separation Strategies, Saul Levmore
Efficiency And Conspiracy: Conflicts Of Interest, Anti-Nepotism Rules, And Separation Strategies, Saul Levmore
Fordham Law Review
No abstract provided.
National Laws, International Money: Regulation In A Global Capital Market , Stephen J. Choi, Andrew T. Guzman
National Laws, International Money: Regulation In A Global Capital Market , Stephen J. Choi, Andrew T. Guzman
Fordham Law Review
No abstract provided.
Beyond Sex Discrimination: A Proposal For Federal Sexual Harassment Legislation, Deborah N. Mcfarland
Beyond Sex Discrimination: A Proposal For Federal Sexual Harassment Legislation, Deborah N. Mcfarland
Fordham Law Review
No abstract provided.
Conflicts Of Interest In Litigation: The Judicial Role , Bruce A. Green
Conflicts Of Interest In Litigation: The Judicial Role , Bruce A. Green
Fordham Law Review
No abstract provided.
Professional Liability Insurers As Regulators Of Law Practice, Anthony E. Davis
Professional Liability Insurers As Regulators Of Law Practice, Anthony E. Davis
Fordham Law Review
No abstract provided.