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Articles 31 - 60 of 63
Full-Text Articles in Law
Putting The Super Back In The Supervision Of International Banking, Post-Bcci, Daniel M. Laifer
Putting The Super Back In The Supervision Of International Banking, Post-Bcci, Daniel M. Laifer
Fordham Law Review
No abstract provided.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Historical Setting Of Brown And Its Impact On The Supreme Court's Decision, Constance Baker Motley
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Historical Setting Of Brown And Its Impact On The Supreme Court's Decision, Constance Baker Motley
Fordham Law Review
Judge Motley provides an insightful overview of the Brown v. Board of Education decision in an historical context In addition to analyzing several Supreme Court decisions that preceded Brown, Judge Motley focuses on the role of Thurgood Marshall as both a strategist and tactician during this dynamic period in our history. Judge Motley concludes by examining the immediate impact of Brown on the civil rights movement in America.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Public Law Litigation And The Ambiguties Of Brown, Mark Tushnet
Fordham Law Review
Professor Tushnet posits that the Supreme Court's concern for gradually carrying out desegregation in the public schools ironically gave rise to "'public law litigation"---an aggressive form ofjudicial review. Specifically. Professor Tushnet argues that the "all deliberate speed" standard, which separated the right from the remedy, enabled the courts to become a more powerful institution in shaping social policy. Throughout his speech, Professor Tushnet provides insight into the thought processes of the Supreme Court justices at the time of the Brown decision.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Other Desegregation Story: Eradicating The Dual School System In Hillborough County, Florida, Drew S. Days, Iii
Fordham Law Review
Professor Days describes the successful desegregation of the Hillsborough County, Florida school system. The Hillsborough case was originally filed by Thurgood Marshall and Constance Baker Motley and exemplifies the optimal outcome of Brown.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Overthrow Of Monroe V. Pape: A Chapter In The Legacy Of Thurgood Marshall, Conrad K. Harper
Fordham Law Review
As the first Director-Counsel of the NAACP Legal Defense and Education Fund, otherwise known as the "Inc. Fund," Thurgood Marshall helped establish the Inc Fund's tradition of landmark civil rights litigation. Mr. Harper discusses in this article the role played by the Inc Fund and Justice Marshall in overthrowing Monroe v. Pape and its curtailment of civil rights suits against municipalities. The instrument for change was Harkdess v. Sweeny Independent School District, a suit filed on behalf of seventeen Black schoolteachers who were discriminatorily fired by a Texas school district.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Missouri V. Jenkins: Are We Really A Desgregated Society?, Theodore M. Shaw
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Missouri V. Jenkins: Are We Really A Desgregated Society?, Theodore M. Shaw
Fordham Law Review
The Brown decision bucked a centuries-old tradition of discrimination in America, but that tradition has not been easily overcome. Professor Shaw discusses Missouri v. Jenkins and questions whether society has really changed in its attitude towards segregated schools.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Panel Ii, Concluding Remarks, Paul R. Dimond
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Panel Ii, Concluding Remarks, Paul R. Dimond
Fordham Law Review
No abstract provided.
A Stream Of Legal Consciousness: The Current Of Commerce Doctrine From Swift To Jones & Laughlin, Barry Cushman
A Stream Of Legal Consciousness: The Current Of Commerce Doctrine From Swift To Jones & Laughlin, Barry Cushman
Fordham Law Review
In this article on constitutional development and the New Deal Court. Professor Cushman argues that the conventional story of the Court's radical reversing of its jurisprudence in the face of the Court-packing plan is misconceived. The article instead seeks to demonstrate that Jones & Laughlin, one of the cases comprising the Constitutional Revolution of 1937 was conceptually, stylistically, and doctri- nally congruent with the Court's contemporary jurisprudence. The paradigm shift in commerce clause jurisprudence, Professor Cushman contends, came not in 1937, but in 1941 and 1942, after Roosevelt had had an opportunity to refash- ion the Court with a new …
The Political Ecology Of Takeovers: Thoughts On Harmonizing The European Corporate Governance Environment, Ronald J. Gilson
The Political Ecology Of Takeovers: Thoughts On Harmonizing The European Corporate Governance Environment, Ronald J. Gilson
Fordham Law Review
No abstract provided.
Building Upon The Architectural Works Protection Act Of 1990, Vanessa N. Scaglione
Building Upon The Architectural Works Protection Act Of 1990, Vanessa N. Scaglione
Fordham Law Review
No abstract provided.
Partial Satisfaction Under The Ucc, Alysse Kaplan
Partial Satisfaction Under The Ucc, Alysse Kaplan
Fordham Law Review
No abstract provided.
"Who Goes There?" -- Proposing A Model Anti-Mask Act, Stephen J. Simoni
"Who Goes There?" -- Proposing A Model Anti-Mask Act, Stephen J. Simoni
Fordham Law Review
No abstract provided.
Why So Many Lawyers? Are They Good Or Bad?, Robert C. Clark
Why So Many Lawyers? Are They Good Or Bad?, Robert C. Clark
Fordham Law Review
In this essay, Dean Clark examines the popular notion that the United States has too many lawyers and that this abundance burdens the nation. While acknowledging the great growth of law and lawyers in recent decades, Dean Clark argues that, before denouncing this trend, we should first seek to develop a fuller explanation of its causes and consequences. After discussing just what it is that lawyers do, Dean Clark critiques three current "cancerous growth" theories that attempt to explain why there has been such a great and unhealthy increase in the number of lawyers Dean Clark then offers and analyzes …
The Last Promissory Estoppel Article, Jay M. Feinman
The Last Promissory Estoppel Article, Jay M. Feinman
Fordham Law Review
In this essay, Professor Feinman argues that the doctrine of promissory estoppel has outlived its usefulness as a theory of contract Professor Feinman relies on an article written by Professors Edward Yorio and Steven Thel as an illustration of the debate over whether promissory estoppel is based upon the enforcement of promises or the protection of reliance. Professor Feinman rejects the conceptual framework upon which this debate is based and ultimately proposes that contract law should move to a relational analysis, ignoring the distinction between promise and reliance and replacing it with an analysis of the obligations involved in a …
The Empire Strikes Back: The Taking Of Joe Doherty, James T. Kelly
The Empire Strikes Back: The Taking Of Joe Doherty, James T. Kelly
Fordham Law Review
In this Article, Mr. Kelly summarizes the eight year diplomatic and legal effort to return Joe Doherty, a member of the Provisional Irish Republican Army, from the United States to the United Kingdom, where he was wanted for his role in the death of a British soldier and for his escape from prison. The Article begins by considering the British-Irish conflict over the partition of Ireland and the political and diplomatic role the United States has played in mediating that conflict. It then recounts the unsuccessful efforts of the United States and the United Kingdom to extradite Doherty, and the …
Non-Debtor Liability In Chapter 11: Validity Of Third-Party Discharge In Bankruptcy, Peter M. Boyle
Non-Debtor Liability In Chapter 11: Validity Of Third-Party Discharge In Bankruptcy, Peter M. Boyle
Fordham Law Review
No abstract provided.
"Protection" Of Volunteers Under Federal Employment Law: Discouraging Voluntarism, Leda E. Dunn
"Protection" Of Volunteers Under Federal Employment Law: Discouraging Voluntarism, Leda E. Dunn
Fordham Law Review
No abstract provided.
Public Employees' Freedom Of Association: Should Connick V. Myers' Speech-Based Public-Concern Rule Apply?, Mark Strauss
Public Employees' Freedom Of Association: Should Connick V. Myers' Speech-Based Public-Concern Rule Apply?, Mark Strauss
Fordham Law Review
No abstract provided.
The Sleeper Wakes: The History And Legacy Of The Twenty-Seventh Amendment
The Sleeper Wakes: The History And Legacy Of The Twenty-Seventh Amendment
Fordham Law Review
No provision of the United States Constitution has a more drawn-out, tortured history than the Twenty-seventh Amendment, which was ratified more than two centuries after Representative James Madison introduced it in the First Congress. In this Article; Professor Bernstein traces the Amendment's origins to the legislative political culture of the late eighteenth century, as influenced by the controversy over ratifying the Constitution. He then examines the perennial controversies over congressional compensation in American historiy elucidating how in the 1980s and 1990s public anger at Congress reached critical mass sufficient to propel the 1789 compensation amendment into the Constitution. Finally, this …
Dances With Nonlawyers: A Perspective On Law Firm Diversification, Gary A. Munneke
Dances With Nonlawyers: A Perspective On Law Firm Diversification, Gary A. Munneke
Fordham Law Review
In this Article, Professor Munneke continues the debate over ethical rules governing lawyers' professional affiliations with nonlawyers, arguing in favor of the adoption of uniform rules that regulate lawyers' conduct in the context of specific ethical issues, such as confidentiality and conflicts of interest. In Professor Munneke's view, the retention of ethical rules that prohibit law firm diversification impedes the ability of lawyers to compete effectively in today's rapidly changing marketplace of professional services. Professor Munneke moreover questions whether state bar association rules that prohibit law firm diversification are capable of withstanding judicial scrutiny under the federal antitrust laws and …
The Dalkon Shield Claimants Trust: Paradigm Lost (Or Found)?, Georgene M. Vairo
The Dalkon Shield Claimants Trust: Paradigm Lost (Or Found)?, Georgene M. Vairo
Fordham Law Review
In this Essay, Dean Vairo discusses the policies and procedures governing the Dalkon Shield Claimants Trust After raising questions about the Trust's experience in a theoretical and jurisprudential context Dean Vairo describes the historical development of the Trust and provides a preliminary aosesment of the Trust's performance. Dean Vairo addresses various criticisms of the Trust and calls for a reasoned analysis of the Trust's policies in light of the theoretical questions raised in this Essay to determine whether the Trust should be considered as a model for resolving other mass tort cases.
Derrick Bell's Radical Realism, Tracy E. Higgins
Derrick Bell's Radical Realism, Tracy E. Higgins
Fordham Law Review
No abstract provided.
Father Knows Best: The Unwed Father's Right To Raise His Infant Surrendered For Adoption, Daniel C. Zinman
Father Knows Best: The Unwed Father's Right To Raise His Infant Surrendered For Adoption, Daniel C. Zinman
Fordham Law Review
No abstract provided.
Labor Injunctions Pending Arbitration: Should Courts Enjoin Managements' Unilaterally Implemented Drug-Testing Programs?, Paul Keneally
Labor Injunctions Pending Arbitration: Should Courts Enjoin Managements' Unilaterally Implemented Drug-Testing Programs?, Paul Keneally
Fordham Law Review
No abstract provided.
Lehnert V. Ferris Faculty Association: Accounting To Financial Core Members: Much A-Dues About Nothing?, Calvin Siemer
Lehnert V. Ferris Faculty Association: Accounting To Financial Core Members: Much A-Dues About Nothing?, Calvin Siemer
Fordham Law Review
No abstract provided.
The Rationalist Tradition At Trial, James L. Kainen
The Rationalist Tradition At Trial, James L. Kainen
Fordham Law Review
Analysis of Evidence: How to Do Things With Facts Based On Wigmore's Science of Judicial Proof, By Terrence Anderson and William Twining (with an Appendix on Probablity and Proof by Philip Dawid). Little, Brown and Company, and London: George Weidenfeld and Nicolson, Ltd., 1991. Pp. 457. $22.00. (Teacher's Manual. Pp. 181)
Turkey's New Financial Leasing Law And Industry, Unal Tekinalp
Turkey's New Financial Leasing Law And Industry, Unal Tekinalp
Fordham Law Review
In this Article, Professor Tekinalp describes Turkey's new and rapidly growing financial leasing industry. One of the reasons for this rapid growth is the newly enacted Law Concerning Financial Leasing ("LCFL"). Enacted before a financial leasing industry existed, the LCFL is unique in its heavy regulation of this industry. As a drafter of the LCFL, Professor Tekinalp offers insight into the operation and goals of the statute and provides fertile ground for comparison with other developments in international finance regulation.
Banking On Europe: 1992 And Emu, Nancy Louise Kessler
Banking On Europe: 1992 And Emu, Nancy Louise Kessler
Fordham Law Review
No abstract provided.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Limitless Horizons Of Brown V. Board Of Education, Louis H. Pollack
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Limitless Horizons Of Brown V. Board Of Education, Louis H. Pollack
Fordham Law Review
Judge Pollak discusses the impact of Brown on Supreme Court jurisprudence. He begins by recounting Morgan v. Virginia--a significant Supreme Court decision that foreshadowed the holding of Brown. The remainder of Judge Pollak's speech highlights Brown's impact on, inter alia, First Amendment jurisprudence and international law.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Panel I, Concluding Remarks, Paul R. Dimond
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Panel I, Concluding Remarks, Paul R. Dimond
Fordham Law Review
No abstract provided.