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Fordham Law School

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Articles 5791 - 5820 of 8596

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The Physician As Conscientious Objector, J. David Bleich Jan 2002

The Physician As Conscientious Objector, J. David Bleich

Fordham Urban Law Journal

This Article examines the right of doctors to object, because of conflicts with the doctor's own morals, to treatment requested or refused by patients. Focusing mainly on end-of-life care, the author compares court opinions allowing or prohibiting doctors to withhold or withdraw life-sustaining treatment at the request of patients or their surrogates.

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The Islamic Viewpoint On New Assisted Reproductive Technologies, Hossam E. Fadel Jan 2002

The Islamic Viewpoint On New Assisted Reproductive Technologies, Hossam E. Fadel

Fordham Urban Law Journal

This Article gives a brief overview of Islamic views on assisted reproductive technologies (ARTs). Islamic law is applied to ARTs to determine what may be lawful and/or moral and what may be impermissible. The article examines artificial insemination, in vitro fertilization, surrogacy and cloning.

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The Public Is Willing, Margot Lindsay, Mary K. Shilton Jan 2002

The Public Is Willing, Margot Lindsay, Mary K. Shilton

Fordham Urban Law Journal

This Article discusses the importance of public outreach and education in the judicial system. The Article advocates for various court-sponsored outreach programs to increase citizen contact with the courts for problem solving purposes. It also addresses such alternatives as community courts and neighborhood advisory boards. It discusses measures taken by state courts to increase communication with underrepresented communities. It concludes by making suggestions to improve outreach programs.

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Don't Confuse Metatags With Initial Interest Confusion, Yelena Dunaevsky Jan 2002

Don't Confuse Metatags With Initial Interest Confusion, Yelena Dunaevsky

Fordham Urban Law Journal

This Comment focuses on whether the legal doctrine of "initial interest confusion" should be applied in metatag related trademark infringement cases. The Comment agues that because "initial interest confusion" does not improve or clarify the existing process of legal inquiry in a trademark infringement litigation, the doctrine is a superfluous legal tool and may even be harmful from a public policy perspective.

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Smart Growth And Sustainable Transportation: Can We Get There From Here?, Oliver A. Pollard, Iii Jan 2002

Smart Growth And Sustainable Transportation: Can We Get There From Here?, Oliver A. Pollard, Iii

Fordham Urban Law Journal

This article focuses on the development of smart growth, which includes sustainable transportation policies and more efficient uses of land. Smart growth was developed to combat some of the negative consequences of transportation and land use laws developed in the past fifty years which created dependence on motor vehicles. The article examines these policies and their inconsistency with smart growth, considers steps to be taken toward a more efficient transportation system and the difficulties in invoking these changes, and uses Atlanta as a case study in the opportunities and challenges for smart growth and sustainable transportation policies.

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The Nexus Between Technology And Problem Solving, James Mcmillan, Robert Russell, Mina Kimmerling, Mark Thompson Jan 2002

The Nexus Between Technology And Problem Solving, James Mcmillan, Robert Russell, Mina Kimmerling, Mark Thompson

Fordham Urban Law Journal

No abstract provided.

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The Restatement (Third) Of Torts: Products Liability-The Alps Cure For Prescription Drug Design Liability, Mark Shifton Jan 2002

The Restatement (Third) Of Torts: Products Liability-The Alps Cure For Prescription Drug Design Liability, Mark Shifton

Fordham Urban Law Journal

No abstract provided.

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Cities At The Crossroad: New Ivory Sales And Sleeping Giants, Mario Del Baglivo Jan 2002

Cities At The Crossroad: New Ivory Sales And Sleeping Giants, Mario Del Baglivo

Fordham Environmental Law Review

No abstract provided.

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Climbing Out Of The Hole: Sunsets, Subjective Value, The Environment, And The English Common Law, Julian Morris Jan 2002

Climbing Out Of The Hole: Sunsets, Subjective Value, The Environment, And The English Common Law, Julian Morris

Fordham Environmental Law Review

No abstract provided.

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Saving Our Streams- The Role Of The Anglers' Conservation Association In Protecting English And Welsh Rivers, Roger Bate Jan 2002

Saving Our Streams- The Role Of The Anglers' Conservation Association In Protecting English And Welsh Rivers, Roger Bate

Fordham Environmental Law Review

No abstract provided.

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Improving Public Trust Protections Of Municipal Parkland In New York, Cyane Gresham Jan 2002

Improving Public Trust Protections Of Municipal Parkland In New York, Cyane Gresham

Fordham Environmental Law Review

No abstract provided.

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The Necessity Of Precautiion- The Future Of Ecological Necessity And The Precautionary Principle, Daniel Dobos Jan 2002

The Necessity Of Precautiion- The Future Of Ecological Necessity And The Precautionary Principle, Daniel Dobos

Fordham Environmental Law Review

No abstract provided.

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How The Epa May Be Selling General Electric Down The River- A Law And Economics Analysis Of The $460 Million Hudson River Cleanup Plan, Erik Claudio Jan 2002

How The Epa May Be Selling General Electric Down The River- A Law And Economics Analysis Of The $460 Million Hudson River Cleanup Plan, Erik Claudio

Fordham Environmental Law Review

No abstract provided.

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How The Epa May Be Selling General Electric Down The River- A Law And Economics Analysis Of The $460 Million Hudson River Cleanup Plan, Bob Peace, Thomas Reiland Jan 2002

How The Epa May Be Selling General Electric Down The River- A Law And Economics Analysis Of The $460 Million Hudson River Cleanup Plan, Bob Peace, Thomas Reiland

Fordham Environmental Law Review

No abstract provided.

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Fordham Environmental Law Review Volume 13 Issue 3- Panel Iii- Electric Generators In New York City- Balancing The Energy, Fordham Environmental Jan 2002

Fordham Environmental Law Review Volume 13 Issue 3- Panel Iii- Electric Generators In New York City- Balancing The Energy, Fordham Environmental

Fordham Environmental Law Review

No abstract provided.

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Property Rights, Pesticides, & Public Health- Explaining The Paradox Of Modern Pesticide Policy, Andrew P. Morriss, Roger E. Meiners Jan 2002

Property Rights, Pesticides, & Public Health- Explaining The Paradox Of Modern Pesticide Policy, Andrew P. Morriss, Roger E. Meiners

Fordham Environmental Law Review

No abstract provided.

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Fables Of The Cuyahoga- Reconstructing A History Of Environmental Protection, Jonathan H. Adler Jan 2002

Fables Of The Cuyahoga- Reconstructing A History Of Environmental Protection, Jonathan H. Adler

Fordham Environmental Law Review

No abstract provided.

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In Defense Of Ghostwriting, Jona Goldschmidt Jan 2002

In Defense Of Ghostwriting, Jona Goldschmidt

Fordham Urban Law Journal

This Article analyzes the legal community's resistance to ghostwriting for pro se litigants. It examines the nature, extent and benefits of ghostwriting. It analyzes objections to ghostwriting raised in case law and ethics opinions. It describes recent ghostwriting recommendations and regulatory developments. The Article discusses the relevance of the duty of confidentiality and the attorney-client privilege to ghostwriting. It analyzes the legal community's resistance to ghostwriting. The Article concludes that ghostwriting serves a growing segment of the pro se population and that it doesn't violate the court rules or ethical principles.

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Traveling Justice: Providing Court Based Pro Se Assistance To Limited Access Communities, Tina L. Rasnow Jan 2002

Traveling Justice: Providing Court Based Pro Se Assistance To Limited Access Communities, Tina L. Rasnow

Fordham Urban Law Journal

This Article discusses one Southern California court's attempt to provide greater access to underrepresented litigants in a mixed urban and rural county northwest of Los Angeles. The Article explores Ventura County Superior Court's outreach program designed to increase court access through pro se self-help services, educational outreach, specialty courts, and collaboration with social service organizations. The Article hopes to inspire others to try creative methods to improve access in their jurisdictions.

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The Community Reinvestment Act And The Economics Of Regulatory Policy, Christopher A. Richardson Jan 2002

The Community Reinvestment Act And The Economics Of Regulatory Policy, Christopher A. Richardson

Fordham Urban Law Journal

This article discusses the economic consequences and social implications of the Community Reinvestment Act. The CRA has direct economic effects on banks and neighborhoods and these neighborhoods also gain social benefits from the availability of credit which increase the quality of life in these areas. The article identifies the economic issues associated with providing access to credit in low and middle-income areas. Many of these problems are caused by the information asymmetry between lenders and borrowers because lenders do not realize the positive social benefits of the availability of credit in these areas. It contends that the ambiguous language of …

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Confusion Is The Key: A Trademark Law Analysis Of Keyword Banner Advertising, Kurt M. Saunders Jan 2002

Confusion Is The Key: A Trademark Law Analysis Of Keyword Banner Advertising, Kurt M. Saunders

Fordham Law Review

Keyword banner advertising is a form of targeted online marketing practice whereby a banner ad is displayed on a search engine results page. The banner ad is triggered by the keyword used in the search. Many search enginges sell trademarks as keywords for the purpose of displaying their own advertising. Some have argued that this practice should lead to liability for trademark infringement or dilution. Given the realities of online marketing and the underlying policies of trademark law, this is unlikely. Rather, this practice should be regarded as trademark fair use and treated as a form of lawful comparative advertising.

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Equal Opportunity, Affirmative Action, And The Anti-Discrimination Principle: The Philosophical Basis For The Legal Prohibition Of Discrimination, John Hasnas Jan 2002

Equal Opportunity, Affirmative Action, And The Anti-Discrimination Principle: The Philosophical Basis For The Legal Prohibition Of Discrimination, John Hasnas

Fordham Law Review

No abstract provided.

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What Were They Thinking? Fourth Amendment Unreasonableness In Atwater V. City Of Lago Vista, Richard S. Frase Jan 2002

What Were They Thinking? Fourth Amendment Unreasonableness In Atwater V. City Of Lago Vista, Richard S. Frase

Fordham Law Review

No abstract provided.

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The Push To Private Religious Expression: Are We Missing Something?, Kathleen A. Brady Jan 2002

The Push To Private Religious Expression: Are We Missing Something?, Kathleen A. Brady

Fordham Law Review

No abstract provided.

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Civilians, Service-Members, And The Death Penalty: The Failure Of Article 25a To Require Twelve-Member Panels In Capital Trials For Non-Military Crimes, Jonathan Choa Jan 2002

Civilians, Service-Members, And The Death Penalty: The Failure Of Article 25a To Require Twelve-Member Panels In Capital Trials For Non-Military Crimes, Jonathan Choa

Fordham Law Review

No abstract provided.

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Joint And Several Liability In Superfund Actions: When Is Environmental Harm Divisible? Prps Who Want To Be Cows, Aaron Gershonowitz Jan 2002

Joint And Several Liability In Superfund Actions: When Is Environmental Harm Divisible? Prps Who Want To Be Cows, Aaron Gershonowitz

Fordham Environmental Law Review

No abstract provided.

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Beyond Merit Selection, Luke Bierman Jan 2002

Beyond Merit Selection, Luke Bierman

Fordham Urban Law Journal

This Article reviews some of the factors that have diminished the appeal of merit selection for judges. It examines why merit selection has never been an entirely successful answer for reformers looking for nonpartisan solutions. It advocates addressing other aspects of the judicial office to promote judicial independence. It concludes by suggesting that there be an educational credential for becoming a judge. Such a solution, it is argued, would offer legitimacy to judicial aspirants and would provide independent, accountable, impartial, and well-trained judges regardless of selection method.

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In The Eye Of The Hurricane: Florida Courts, Judicial Independence, And Politics, Drew Noble Lanier, Roger Handberg Jan 2002

In The Eye Of The Hurricane: Florida Courts, Judicial Independence, And Politics, Drew Noble Lanier, Roger Handberg

Fordham Urban Law Journal

This Article discusses the concept of judicial independence, the political nature of the courts, and efforts to insulate the courts from the ordinary politics engulfing the popularly elected branches. It reviews Florida's political history and changing political landscape. It traces the development of the state's judicial selection processes and ties them to current legislation being considered. It concludes by discussing the likely consequences of the efforts to diminish the insulation the the Florida courts enjoy from the politics of the day.

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First Suburbs In The Northeast And Midwest: Assets, Challenges, And Opportunities, Robert Puentes Jan 2002

First Suburbs In The Northeast And Midwest: Assets, Challenges, And Opportunities, Robert Puentes

Fordham Urban Law Journal

This article examines the decline of first suburbs, the older inner-ring suburbs closest to cities that grew up before or immediately after World War II. As families leave these areas for the expanding outer suburbs, the tax base shrinks and poverty and failing schools result. Inner suburbs lack the sophisticated governmental structures of cities to combat these problems, and without a shift in investment policies, first suburbs will continue to suffer.

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What Does The Future Hold For Drug Courts?, Nahama Broner, Caroline Cooper, Michael Jacobson, Juanita Bing-Newton, Deborah Small Jan 2002

What Does The Future Hold For Drug Courts?, Nahama Broner, Caroline Cooper, Michael Jacobson, Juanita Bing-Newton, Deborah Small

Fordham Urban Law Journal

No abstract provided.

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