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Fordham Law School

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Who Defers To Whom? The Attorney General Targets Oregon's Death With Dignity Act, Joseph Cordaro Jan 2002

Who Defers To Whom? The Attorney General Targets Oregon's Death With Dignity Act, Joseph Cordaro

Fordham Law Review

No abstract provided.


A Historical Approach To The Contractual Ties That Bind Parties Together, C.M.A. Mccauliff Jan 2002

A Historical Approach To The Contractual Ties That Bind Parties Together, C.M.A. Mccauliff

Fordham Law Review

No abstract provided.


Bankruptcy And Federalism, Thomas E. Plank Jan 2002

Bankruptcy And Federalism, Thomas E. Plank

Fordham Law Review

No abstract provided.


The European Union In The World — A Community Of Values, John Richardson Jan 2002

The European Union In The World — A Community Of Values, John Richardson

Fordham International Law Journal

These are momentous times in Europe. The Euro has been successfully introduced, the enlargement negotiations are approaching their climax, and the European Convention (“Convention”) is moving towards the drafting of a constitution for a new, continent-wide political entity. At the same time, unrest is manifest, particularly in two areas. On the one hand, many of our citizens, and not just the political elites, are dissatisfied with Europe's performance on the world stage and are concerned about the maintenance of peace and security within the Union. In these areas they would like to see a strengthened, more effective entity-- “more Europe.” …


Sentencing Guidelines For Copyright Pirates In The United States And The Hong Kong Special Administrative Region: A Comparative Perspective, Jonathan J. Rusch Jan 2002

Sentencing Guidelines For Copyright Pirates In The United States And The Hong Kong Special Administrative Region: A Comparative Perspective, Jonathan J. Rusch

Fordham International Law Journal

As more and more nations prosecute copyright piracy cases, it is far from clear whether these nations, in seeking to protect legitimate copyright interests, will also recognize the need to achieve three goals in the sentencing of such cases. The first is honesty in sentencing: that is, avoiding situations in which the nominal sentence that a court initially imposes at sentencing may later be substantially reduced through the parole process. The second is reasonable uniformity in sentencing, so that courts do not have wide disparities in the sentences they impose on similar offenders who commit similar criminal offenses. The third …


An Analysis Of The United States-Cuba "Havana Club" Rum Case Before The World Trade Organization, Donald R. Dinan Jan 2002

An Analysis Of The United States-Cuba "Havana Club" Rum Case Before The World Trade Organization, Donald R. Dinan

Fordham International Law Journal

The United States-Cuba “Havana Club” trademark dispute has been one of the more controversial and potentially divisive cases before the World Trade Organization ('WTO') to date. In that case, the European Union ('EU') filed a complaint against the United States alleging that a law which prohibited the registration and enforcement in the United States of a Cuban trademark, 'Havana Club' rum, which was licensed to the French company, Pernod-Ricard, S.A. ('Pernod-Ricard'), was in violation of the WTO Agreement, which protected the intellectual property rights of WTO Members and their nationals. The case intertwined enforcement of the U.S. Cuban embargo; U.S. …


The Government Of Memory: Public Inquiries And The Limits Of Justice In Northern Ireland, Angela Hegarty Jan 2002

The Government Of Memory: Public Inquiries And The Limits Of Justice In Northern Ireland, Angela Hegarty

Fordham International Law Journal

The purpose of this Article is to examine the exercise and the usefulness of the public inquiry model, in the Northern Ireland conflict. This Article examines its role as both an accountability mechanism and a truth process, and in doing so I consider the proposition that public inquiries are employed by governments not as a tool to find truth and establish accountability for human rights violations, but as a way of deflecting criticism and avoiding blame.


Overextending Immunity: Arbitral Institutional Liability In The United States, England, And France, Matthew Rasmussen Jan 2002

Overextending Immunity: Arbitral Institutional Liability In The United States, England, And France, Matthew Rasmussen

Fordham International Law Journal

This Note examines the relationship between the arbitral institution and the disputing parties. Part I demonstrates the decisions parties face when choosing between traditional litigation and arbitration; it also discusses the differences between an arbitral institution and an ad hoc arbitration, as well as major arbitral institutions' rules regarding their own liability. Part II introduces several nations' approaches to judicial immunity, and how it is applied to arbitrators and arbitral institutions. Part II also weighs differing views on how to characterize the relationship between disputing parties and the arbitral institution. Finally, Part II discusses several key criticisms to the immunity …


Introduction, Kamil Idris Jan 2002

Introduction, Kamil Idris

Fordham International Law Journal

Intellectual property law is one of the fastest growing fields of law worldwide. This unprecedented, rapid evolution and the accompanying massive upsurge in the use of the intellectual property system had four main triggers-- the advent of the Internet (to many, the heart of the digital revolution); unprecedented advances in science and technology; the emergence of intangible assets, such as knowledge, information and innovation, as the main drivers of economic development; and the growing interdependence of nations resulting from the internationalization of commerce. Of these, the digital revolution alone has had a profound effect on all aspects of the creation, …


What Were They Thinking?: The Mental States Of The Aider And Abettor And The Causer Under Federal Law, Baruch Weiss Jan 2002

What Were They Thinking?: The Mental States Of The Aider And Abettor And The Causer Under Federal Law, Baruch Weiss

Fordham Law Review

No abstract provided.


Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan D. Carle Jan 2002

Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan D. Carle

Fordham Law Review

No abstract provided.


Grieving Criminal Defense Lawyers, Dennis E. Curtis, Judith Resnik Jan 2002

Grieving Criminal Defense Lawyers, Dennis E. Curtis, Judith Resnik

Fordham Law Review

No abstract provided.


The Lawyer As Citizen , James E. Fleming Jan 2002

The Lawyer As Citizen , James E. Fleming

Fordham Law Review

No abstract provided.


How Lawyers Act In The Intersts Of Justice, Monroe H. Freedman Jan 2002

How Lawyers Act In The Intersts Of Justice, Monroe H. Freedman

Fordham Law Review

No abstract provided.


Judicial Rationalizations For Rationing Justice: How Sixth Amendment Doctrine Undermines Reform, Bruce A. Green Jan 2002

Judicial Rationalizations For Rationing Justice: How Sixth Amendment Doctrine Undermines Reform, Bruce A. Green

Fordham Law Review

No abstract provided.


Law And Justice In The Twenty-First Century, Geoffrey C. Hazard, Jr. Jan 2002

Law And Justice In The Twenty-First Century, Geoffrey C. Hazard, Jr.

Fordham Law Review

No abstract provided.


Balancing Client Loyalty And The Public Good In The Twenty-First Century, Nancy J. Moore Jan 2002

Balancing Client Loyalty And The Public Good In The Twenty-First Century, Nancy J. Moore

Fordham Law Review

No abstract provided.


Practicing Law In The Interests Of Justice In The Twenty-First Century, Thomas D. Morgan Jan 2002

Practicing Law In The Interests Of Justice In The Twenty-First Century, Thomas D. Morgan

Fordham Law Review

No abstract provided.


Drawing The Line In Regulatory Takings Law: How A Benefits Fraction Supports The Fee Simple Approach To The Denominator Problem, Benjamin Allee Jan 2002

Drawing The Line In Regulatory Takings Law: How A Benefits Fraction Supports The Fee Simple Approach To The Denominator Problem, Benjamin Allee

Fordham Law Review

No abstract provided.


Good "Brick" Walls Make Good Neighbors: Should A State Court Certify A Multistate Or Nationwide Class Of Indirect Purchasers?, John C. Anderson Jan 2002

Good "Brick" Walls Make Good Neighbors: Should A State Court Certify A Multistate Or Nationwide Class Of Indirect Purchasers?, John C. Anderson

Fordham Law Review

No abstract provided.


John The Good Indeed, William P. Frank Jan 2002

John The Good Indeed, William P. Frank

Fordham Law Review

No abstract provided.


The Constitutional Validity Of The Religious Land Use And Institutionalized Persons Act Of 2000: Will Rluipa's Strict Scrutiny Survive The Supreme Court's Strict Scrutiny?, Caroline R. Adams Jan 2002

The Constitutional Validity Of The Religious Land Use And Institutionalized Persons Act Of 2000: Will Rluipa's Strict Scrutiny Survive The Supreme Court's Strict Scrutiny?, Caroline R. Adams

Fordham Law Review

No abstract provided.


Stories Of Fourth Amendment Disrespect: From Elian To The Internment, Andrew E. Taslitz Jan 2002

Stories Of Fourth Amendment Disrespect: From Elian To The Internment, Andrew E. Taslitz

Fordham Law Review

No abstract provided.


Choice Of Law In Online Legal Ethics: Changing A Vague Standard For Attorney Advertising On The Internet, Daniel Backer Jan 2002

Choice Of Law In Online Legal Ethics: Changing A Vague Standard For Attorney Advertising On The Internet, Daniel Backer

Fordham Law Review

No abstract provided.


Questioning How The Bankruptcy Priority Scheme Treats Tax Claims Arising From The Termination Of Overfunded Pension Plans, Michael J. Cohen Jan 2002

Questioning How The Bankruptcy Priority Scheme Treats Tax Claims Arising From The Termination Of Overfunded Pension Plans, Michael J. Cohen

Fordham Law Review

No abstract provided.


The Search For Reasonableness In Use-Of-Force Cases: Understanding The Effects Of Stress On Perception And Performance, Seth D. Ducharme Jan 2002

The Search For Reasonableness In Use-Of-Force Cases: Understanding The Effects Of Stress On Perception And Performance, Seth D. Ducharme

Fordham Law Review

No abstract provided.


The "Art" Of Procreation: Why Assisted Reproduction Technology Allows For The Preservation Of Female Prisoners' Right To Procreate, Sarah L. Dunn Jan 2002

The "Art" Of Procreation: Why Assisted Reproduction Technology Allows For The Preservation Of Female Prisoners' Right To Procreate, Sarah L. Dunn

Fordham Law Review

No abstract provided.


When Equal Protection Fails: How The Equal Protection Justification For Abortion Undercuts The Struggle For Equality In The Workplace, Kristina M. Mentone Jan 2002

When Equal Protection Fails: How The Equal Protection Justification For Abortion Undercuts The Struggle For Equality In The Workplace, Kristina M. Mentone

Fordham Law Review

No abstract provided.


The I.R.C. § 2053(A)(3) Controversy: Should Events After Death Affect The Value Of Estate Tax Deductions For Claims Against The Estate?, Anna Meresidis Jan 2002

The I.R.C. § 2053(A)(3) Controversy: Should Events After Death Affect The Value Of Estate Tax Deductions For Claims Against The Estate?, Anna Meresidis

Fordham Law Review

No abstract provided.


Putting A Face To A (Screen) Name: The First Amendment Implications Of Compelling Isps To Reveal The Identities Of Anonymous Internet Speakers In Online Defamation Cases, Jennifer O'Brien Jan 2002

Putting A Face To A (Screen) Name: The First Amendment Implications Of Compelling Isps To Reveal The Identities Of Anonymous Internet Speakers In Online Defamation Cases, Jennifer O'Brien

Fordham Law Review

No abstract provided.