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2000

Fordham Law School

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Articles 1 - 30 of 286

Full-Text Articles in Law

Introduction To Keynote Address, John D. Feerick Dec 2000

Introduction To Keynote Address, John D. Feerick

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Privacy Versus The First Amendment: A Skeptical Approach, Solveig Singleton Dec 2000

Privacy Versus The First Amendment: A Skeptical Approach, Solveig Singleton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel I: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Public Sector Data, Robert Sherman, Paul Schwartz, Deirdre Mulligan, Steven Emmert Dec 2000

Panel I: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Public Sector Data, Robert Sherman, Paul Schwartz, Deirdre Mulligan, Steven Emmert

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Taking A Step Beyond Maxwell To Tame The Doctrine Of Equivalents, Matthew C. Phillips Dec 2000

Taking A Step Beyond Maxwell To Tame The Doctrine Of Equivalents, Matthew C. Phillips

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Ii: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Private Sector Data, Jennifer Barrett, Evan Hendricks, Solveig Singleton, David Sobel Dec 2000

Panel Ii: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Private Sector Data, Jennifer Barrett, Evan Hendricks, Solveig Singleton, David Sobel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Irving V. Penguin: Historians On Trial And The Determination Of Truth Under English Libel Law, Dennise Mulvihill Dec 2000

Irving V. Penguin: Historians On Trial And The Determination Of Truth Under English Libel Law, Dennise Mulvihill

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Can Coppa Work? An Analysis Of The Parental Consent Measures In The Children's Online Privacy Protection Act, Joshua Warmund Dec 2000

Can Coppa Work? An Analysis Of The Parental Consent Measures In The Children's Online Privacy Protection Act, Joshua Warmund

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Open Source Software The Success Of An Alternative Intellectual Property Incentive Paradigm, Marcus Maher Mar 2000

Open Source Software The Success Of An Alternative Intellectual Property Incentive Paradigm, Marcus Maher

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The ‘Enticing Images’ Doctrine: An Emerging Principle In First Amendment Jurisprudence, Clay Calvert Mar 2000

The ‘Enticing Images’ Doctrine: An Emerging Principle In First Amendment Jurisprudence, Clay Calvert

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Warning: Wearing Eyeglasses May Subject You To Additional Liability And Other Foibles Of Post-Diana Newsgathering: An Analysis Of California’S Civil Code Section 1708.8, David A. Browde Mar 2000

Warning: Wearing Eyeglasses May Subject You To Additional Liability And Other Foibles Of Post-Diana Newsgathering: An Analysis Of California’S Civil Code Section 1708.8, David A. Browde

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Internet And Decisional Institutions The Structural Advantages Of Online Common Law Regulation, Thomas K. Richards Mar 2000

The Internet And Decisional Institutions The Structural Advantages Of Online Common Law Regulation, Thomas K. Richards

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Virtual Reality: Can We Ride Trademark Law To Surf Cyberspace, David Yan Mar 2000

Virtual Reality: Can We Ride Trademark Law To Surf Cyberspace, David Yan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Brooklyn Institute Of Arts And Sciences V. City Of New York: The Death Of The Subsidy And The Birth Of The Entitlement In Funding Of The Arts, Danielle E. Caminiti Mar 2000

Brooklyn Institute Of Arts And Sciences V. City Of New York: The Death Of The Subsidy And The Birth Of The Entitlement In Funding Of The Arts, Danielle E. Caminiti

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Defining New York’S Statutory Right Of Privacy: A Case Comment On Messenger V. Gruner + Jahr Printing And Publishing, Michael C. Hartmere Mar 2000

Defining New York’S Statutory Right Of Privacy: A Case Comment On Messenger V. Gruner + Jahr Printing And Publishing, Michael C. Hartmere

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


How Is Convergence Best Achieved In International Project Finance?, Catherine Pédamon Jan 2000

How Is Convergence Best Achieved In International Project Finance?, Catherine Pédamon

Fordham International Law Journal

This Essay will first review and then analyze the characteristics of each of three possible routes of convergence in light of three features. The first is stability and predictability of the legal environment. It is the main benefit that private investors look for before investing in a country. The second is the scope of influence and lobbying of interest groups. This feature is extracted from an analysis of the adoption of uniform laws proposed by the National Conference of Commissioners on Uniform State Laws ("NCCUSL") by Professors Ribstein and Kobayashi. These authors find evidence of enactment by states of NCCUSL ...


Privatizing Water Systems: A Primer, Robert Vitale Jan 2000

Privatizing Water Systems: A Primer, Robert Vitale

Fordham International Law Journal

This Essay will discuss the reasons behind the trend of privatizing water systems, explain the basic concepts involved in privatizing water systems, and assess the benefits and challenges of privatization. The private sector has long played an active role in helping governments design, finance, construct, operate, and maintain potable and waste water systems. The 1990s, however, were witness to a dramatic rise in the use of the private sector to supplant--and not merely supplement--the public sector in the water area.


Legal And Judicial Development: The Role Of Civil Society In The Reform Process, Maria Bakolias Jan 2000

Legal And Judicial Development: The Role Of Civil Society In The Reform Process, Maria Bakolias

Fordham International Law Journal

While many governments are undertaking reforms that aim to improve judicial and legal systems, there is a growing realization that civil society plays a vital and even necessary role in these efforts. Civil society is critical in these, as well as the reform efforts which are outside of government-initiated programs. Drawing on a few selected examples, this Paper aims to show why civil society is a key player in such reform activities and how civil society has participated in the reform process in selected countries. Specifically, many of these examples are supported by projects financed by the World Bank. The ...


The Effect Of Globalization On Domestic Legal Services, Michael Dowdle, E. Clinton Bamberger, Dorchen Leidholdt, Filipe Gonzalez Morales, Lucie White Jan 2000

The Effect Of Globalization On Domestic Legal Services, Michael Dowdle, E. Clinton Bamberger, Dorchen Leidholdt, Filipe Gonzalez Morales, Lucie White

Fordham International Law Journal

Globalization, in the context of this panel, refers to international, trans-border processes which are not regulated by the international legal framework, either private law or public international law. These processes, these unregulated influences, are having both positive and negative effects and affecting aspects of culture and society which had previously been considered domestic or wholly domestic concerns. This is creating a tension within both the domestic and international environments, and it is this particular tension that this panel seeks to address.

E. Clinton Bamberger, Emeritus Professor of Law, University of Maryland Law School, will speak about how domestic systems in ...


Credit Derivatives: An Overview Of Regulatory Initiatives In The United States And Europe, Andre Scheerer Jan 2000

Credit Derivatives: An Overview Of Regulatory Initiatives In The United States And Europe, Andre Scheerer

Fordham Journal of Corporate & Financial Law

No abstract provided.


Losing The Audit Lottery: Corporate Tax Shelters And Judicial Doctrine, Elena Eracleous Jan 2000

Losing The Audit Lottery: Corporate Tax Shelters And Judicial Doctrine, Elena Eracleous

Fordham Journal of Corporate & Financial Law

No abstract provided.


Community Lawyering: Theory And Practice, Derek Denckla, Matthew Diller Jan 2000

Community Lawyering: Theory And Practice, Derek Denckla, Matthew Diller

Other Publications

Materials for So Goes A Nation: Lawyers and Communities


Civil Rights Law In Transition: The Forty-Fifth Anniversary Of The New York City Commission On Human Rights Jan 2000

Civil Rights Law In Transition: The Forty-Fifth Anniversary Of The New York City Commission On Human Rights

Fordham Urban Law Journal

This Symposium co-sponsored by the New York City Commission on Human Rights and the Fordham Urban Law Journal includes transcripts of panel discussions on topics at the intersection of law and policy. These topics include mediation, domestic violence, disability law, hate crimes legislation, sexual harassment, and sexual orientation law.


What Is Access To Justice? Identifying The Unmet Legal Needs Of The Poor, Philip Alston, Dr. Alex Boraine, Justice Catherine Brannon, Hina Jilani, Justice Earl Johnson, Jr. Jan 2000

What Is Access To Justice? Identifying The Unmet Legal Needs Of The Poor, Philip Alston, Dr. Alex Boraine, Justice Catherine Brannon, Hina Jilani, Justice Earl Johnson, Jr.

Fordham International Law Journal

Philp Alston moderated a panel featuring Dr. Alex Boraine, Justice Catherine Branson, Hina Jilani, and Justice Earl Johnson, Jr.. The panelists discussed access to justice for the poor in their respective countries (South Africa, Australia, Pakistan, and the United States). The panelists discussed how the current system fails to address the legal needs of the poor, and what progress is being made in that area.


Sexual Harassment And Racial Disparity: The Mutual Construction Of Gender And Race , Tanya Kateri Hernandez Jan 2000

Sexual Harassment And Racial Disparity: The Mutual Construction Of Gender And Race , Tanya Kateri Hernandez

Faculty Scholarship

For a number of years, commentators have proffered anecdotal evidence to suggest that women of color figure prominently as sexual harassment plaintiffs. Until recently, a systematic statistical analysis of women's experiences of sexual harassment by race was largely unavailable. For the first time, this Article comprehensively analyzes Equal Employment Opportunity Commission (EEOC) sexual harassment charge statistics, by looking at data from the last seven years along with Lexis-Nexis and Westlaw electronic reports of sexual harassment complaints for the last twenty years. What immediately becomes apparent in this statistical analysis of sexual harassment charges in the United States is the ...


Contaminated Property: What A Municipality Can Do, Clifford P. Case Jan 2000

Contaminated Property: What A Municipality Can Do, Clifford P. Case

Fordham Environmental Law Review

No abstract provided.


Redeveloping The Department Of Defense's Inventory Of Contaminated "Government-Owned Contractor-Operated" Facilities, Robert M. Howard Jan 2000

Redeveloping The Department Of Defense's Inventory Of Contaminated "Government-Owned Contractor-Operated" Facilities, Robert M. Howard

Fordham Environmental Law Review

No abstract provided.


Dispute Resolution In International Project Finance Transactions, Christopher Dugué Jan 2000

Dispute Resolution In International Project Finance Transactions, Christopher Dugué

Fordham International Law Journal

This essay discusses how the legal practice in international financial problems has slowly evolved towards a better recognition of international arbitration in the field of project financing. While it is useful to compare the different types of dispute resolution mechanisms that are to be considered by participants for the implementation of their contracts, it is this author's view that international arbitration is the most effective means of resolving international project finance transactions. Indeed, the assessment of the most effective forum cannot dismiss what this author considers as an essential feature of international project financing, i.e., its transactional unity ...


Export Credit Agencies, Project Finance, And Commercial Risk: Whose Risk Is It, Anyway?, Rodney Short Jan 2000

Export Credit Agencies, Project Finance, And Commercial Risk: Whose Risk Is It, Anyway?, Rodney Short

Fordham International Law Journal

This Essay questions whether Extra Credit Agencies should provide such long-term commercial risk insurance in project finance transactions. It can be argued that ECA-provided commercial risk insurance in project financings lifts from commercial banks the onus of rigorously analyzing the commercial risks of a project and that ECAs lack the institutional experience and commercial orientation to sufficiently appraise a project's commercial risk. This leads to the very real possibility that projects will be undertaken that on their own (i.e., without commercial risk insurance) might not be commercially viable.


European Competition For The 21st Century, Mario Monti Jan 2000

European Competition For The 21st Century, Mario Monti

Fordham International Law Journal

This speech discusses recent policy developments and future trends in European Competition Policy.


More Than Money, Justice Catherine Branson Jan 2000

More Than Money, Justice Catherine Branson

Fordham International Law Journal

In this Paper, I refer to probably the most disadvantaged sector of the Australian community, its indigenous peoples. I have chosen this group, because Aboriginal and Torres Strait Islander peoples have become a significant body of litigants in my Court since the Federal Court of Australia was given jurisdiction to make determinations of native land title. I will start by providing some limited information concerning indigenous Australians. This information, by necessity, glosses over the diverse experiences and lifestyles of the Aboriginal and Torres Strait Islander peoples, and indeed, the diversity of non-indigenous Australian experiences and lifestyles. Nonetheless, it reflects the ...