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Articles 5881 - 5910 of 8594
Full-Text Articles in Entire DC Network
You Cheated, You Lied: The Safe Harbor Agreement And Its Enforcement By The Federal Trade Commission, Robert R. Schriver
You Cheated, You Lied: The Safe Harbor Agreement And Its Enforcement By The Federal Trade Commission, Robert R. Schriver
Fordham Law Review
No abstract provided.
Latent Justice: Daubert's Impact On The Evaluation Of Fingerprint Identification Testimony, Jessica M. Sombat
Latent Justice: Daubert's Impact On The Evaluation Of Fingerprint Identification Testimony, Jessica M. Sombat
Fordham Law Review
No abstract provided.
Temporary Insanity: The Long Tale Of Tahoe-Sierra Preservation Council And Its Quiet Ending In The United States Supreme Court, J. David Breemer
Temporary Insanity: The Long Tale Of Tahoe-Sierra Preservation Council And Its Quiet Ending In The United States Supreme Court, J. David Breemer
Fordham Law Review
No abstract provided.
The Ada's Last Stand?: Standing And The Americans With Disabilities Act, Elizabeth Keadle Markey
The Ada's Last Stand?: Standing And The Americans With Disabilities Act, Elizabeth Keadle Markey
Fordham Law Review
No abstract provided.
The Meaning Of Fair Apportionment And The Prohibition On Extraterritorial State Taxation , Bradley W. Joondeph
The Meaning Of Fair Apportionment And The Prohibition On Extraterritorial State Taxation , Bradley W. Joondeph
Fordham Law Review
No abstract provided.
Bad Acts In Search Of A Mens Rea: Anatomy Of A Rape, Robin Charlow
Bad Acts In Search Of A Mens Rea: Anatomy Of A Rape, Robin Charlow
Fordham Law Review
No abstract provided.
Restitution As A Bridge Over Troubled Contractual Waters, Mark P. Gergen
Restitution As A Bridge Over Troubled Contractual Waters, Mark P. Gergen
Fordham Law Review
No abstract provided.
The Comfort Of Certainty: Plain Meaning And The Parole Evidence Rule, Peter Linzer
The Comfort Of Certainty: Plain Meaning And The Parole Evidence Rule, Peter Linzer
Fordham Law Review
No abstract provided.
On Change And The Law Of Contracts: A Tribute To Joe Perillo, Richard E. Speidel
On Change And The Law Of Contracts: A Tribute To Joe Perillo, Richard E. Speidel
Fordham Law Review
No abstract provided.
United States Human Rights Policy In The 21st Century In An Age Of Multilateralism Respondent, Catherine Powell
United States Human Rights Policy In The 21st Century In An Age Of Multilateralism Respondent, Catherine Powell
Faculty Scholarship
Professor Harold Koh's thoughtful article, A United States Human Rights Policy for the 21st Century, 46 ST. Louis U. L.J. 293 (2002), ends with the observation that "globalization has both sinister and constructive faces."' Indeed, we live in a world that is increasingly interdependent. Even some of those opposed to the project of globalization ironically depend on the tools of globalization to undermine it. Consider the terrorists who hijacked airplanes on September 11, 2001 and flew them into the World Trade Center and the Pentagon, killing thousands of innocent civilians from many different nations. The terrorists used the Internet and …
From Harlem To Havana: Sustainable Urban Development Symposium - Environmental Law And Sustainable Development , Sheila R. Foster
From Harlem To Havana: Sustainable Urban Development Symposium - Environmental Law And Sustainable Development , Sheila R. Foster
Faculty Scholarship
Consider two remarkable places: Harlem, New York and Old Havana, Cuba. These are two different neighborhoods, cities, countries, political systems, economies, and cultures. Yet these two neighborhoods are bound together by a common phenomenon unlimited by geography or differences in political and economic systems. The global prosperity of the last two decades has created historic opportunities to usher in development and revitalization efforts in neglected urban areas across the world! Governments, along with the private sector, have moved capital back to cities or neighborhoods that became endangered from years of disinvestment, lack of economic opportunities, and inadequate access to essential …
Third Circuit Task Force Report On Selection Of Class Counsel, Daniel J. Capra
Third Circuit Task Force Report On Selection Of Class Counsel, Daniel J. Capra
Faculty Scholarship
No abstract provided.
E-Reputation: Building Trust In Electronic Commerce, Susan Block-Lieb
E-Reputation: Building Trust In Electronic Commerce, Susan Block-Lieb
Faculty Scholarship
No abstract provided.
Unrealized Torts, Benjamin C. Zipursky, John C.P. Goldberg
Unrealized Torts, Benjamin C. Zipursky, John C.P. Goldberg
Faculty Scholarship
No abstract provided.
The Real Properties Of Contract Law, Michael Madison
The Real Properties Of Contract Law, Michael Madison
Faculty Scholarship
No abstract provided.
The Most Dangerous Branch, Martin S. Flaherty
The Most Dangerous Branch, Martin S. Flaherty
Faculty Scholarship
No abstract provided.
Don't Believe Everything You Think: Cognitive Bias In Legal Decision Making, Ian Weinstein
Don't Believe Everything You Think: Cognitive Bias In Legal Decision Making, Ian Weinstein
Faculty Scholarship
This article discusses the role of cognitive bias in legal decision making. Drawing on research in cognitive science and law, it explores the impact of cognitive bias on both lawyers and clients. These often subtle mental biases can lead to pervasive errors in decision making by causing us to ignore important information and make inaccurate predictions. They may lead a client to underestimate the risk of litigation. They may also lead a lawyer to miscategorize a client's value choice as a misjudgement of fact. The article offers illustrative stories of the impact of bias on both client and lawyer and …
Redeeming The Welshed Guarantee: A Scheme For Achieving Justiciability, Ethan J. Leib
Redeeming The Welshed Guarantee: A Scheme For Achieving Justiciability, Ethan J. Leib
Faculty Scholarship
In this article, I suggest that Congress re-pass its progressive legislation under the jurisdictional basis of its Guarantee Clause power. While arguments for justiciability continue to be made, a pragmatic way to achieve it has not been spelled out. Part II will lay out versions of republicanism I hope to see discussed in the context of the Guarantee Clause. Part III will explore republicanism's excessive attention on the courts, recommending the aforementioned approach of Jeremy Waldron. Part IV will briefly suggest how some of the legislation recently curtailed by the Supreme Court might be justified under a theory of legislative, …
Defining Legitimate Competition: How To Clarify Pricing Abuses Under Article 82 Ec, John Temple Lang, Robert O'Donoghue
Defining Legitimate Competition: How To Clarify Pricing Abuses Under Article 82 Ec, John Temple Lang, Robert O'Donoghue
Fordham International Law Journal
This Article discusses the principles under Article 82 of the Treaty Establishing the European Community concerning anticompetitive or exclusionary abuses involving pricing issues. This Article is structured as follows. Part I outlines the basic economic thinking behind price discrimination and identifies the principal legal situations under Article 82 in which it arises. Discriminatory pricing should only be prohibited (and therefore needs to be justified) in a small number of situations. Parts II-III discuss the specific situations under Community competition law in which price discrimination and the legality of pricing practices may be relevant. Part II discusses rebate and discounting practices, …
The Harmonization Game: What Basketball Can Teach About Intellectual Property And International Trade, Peter K. Yu
The Harmonization Game: What Basketball Can Teach About Intellectual Property And International Trade, Peter K. Yu
Fordham International Law Journal
In the recent World Men's Basketball Championships in Indianapolis, Team USA found out painfully that the international game is very different from what they play at home and that the gap between USA Basketball and the rest of the world has been closing. While the United States' losses might have a significant impact on how the country will prepare for the 2004 Olympics in Athens and on how Americans train youngsters to play basketball, their teachings go beyond basketball. The international harmonization process is a game with different rules, different officials, and players with different visions and mindsets. By watching …
The Egyptian Pharmaceutical Industry After Trips — A Practitioner's View, Nermien Al-Ali
The Egyptian Pharmaceutical Industry After Trips — A Practitioner's View, Nermien Al-Ali
Fordham International Law Journal
The pharmaceutical industry in Egypt is the largest in the Middle East and North Africa (“MENA”) region, and one that has attracted foreign investment despite the fact that Egyptian law has not always provided pharmaceuticals with patent protection. The situation changed with the signing of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS agreement” or “TRIPS”), strengthening the interest of the U.S. and other pharmaceutical companies in increasing their investment in Egypt. The Egyptian pharmaceutical industry is currently undergoing many changes spurred by the implementation of TRIPS and the globalization of trade. Many of these changes can be …
The Territoriality Principle Of Patent Protection And Conflict Of Laws: A Review Of Japanese Court Decisions, Teruo Doi
Fordham International Law Journal
Among the various categories of intellectual property, the territoriality principle is applied most strictly to patent protection of inventions and copyright protection of works of authorship. The basic international standards for patent and copyright protections are set forth, respectively, in the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works. As of April 15, 2002, 163 States are members of the Paris Union and 149 States are members of the Berne Union. Japan acceded to the Paris and Berne Conventions in 1899. A patent granted in one country has …
Self-Determination And Minority Rights, Frances Raday
Self-Determination And Minority Rights, Frances Raday
Fordham International Law Journal
This Article tries to wend its way through the trail of human debris, the visions and the shattered dreams on both sides of the Israeli-Palestinian conflict, to a rational analysis of the applicability of international human rights norms, to the conflicting claims of two peoples to the same land. The right of both Jews and Palestinians to self-determination seems to be self-evident from the stories of the two peoples. Almost forty years after the Six Days War, the author turns to this issue in an attempt to analyze where this conflict now stands in terms of international human rights. This …
The Transition From Tradition To Reform: The Shari'a Appeals Court Rulings On Child Custody (1992-2001), Moussa Abou Ramadan
The Transition From Tradition To Reform: The Shari'a Appeals Court Rulings On Child Custody (1992-2001), Moussa Abou Ramadan
Fordham International Law Journal
The principal object of this Article is to demonstrate that Islamic law, like any system of law, is dynamic rather than static. Islamic law cannot be thought of as law disconnected from history and society. Like any other legal system, it is influenced by political, economic and social factors. In order to illustrate this idea, this Article takes as a case study the rulings concerning custody of the Shari'a Appeals Court in Israel. This Article surveys the rulings of the Shari'a Appeals Court addressing child custody from 1992 through 2001. This Article's central claim is that the Appeals Court's approach …
The Role Of The Judiciary In The Protection Of Human Rights And Development: A Middle Eastern Perspective, Fahed Abul-Ethem
The Role Of The Judiciary In The Protection Of Human Rights And Development: A Middle Eastern Perspective, Fahed Abul-Ethem
Fordham International Law Journal
One of the vital ways to keep human rights safe is by preserving the prevailing role of the judiciary. Standards developed by the judiciary have a significant beneficial effect of making the lives of people better and the accomplishment of the government's goals easier. In addition, these standards may ensure a better understanding of the relationship between the people and their government, on the one hand, and among the members of the international community, on the other. Moreover, major countries, such as the United States, have a great responsibility, by virtue of their international weight and technological advancement, to help …
Selective Justice: The Case Of Israel And The Occupied Territories, Kathleen A. Cavanaugh
Selective Justice: The Case Of Israel And The Occupied Territories, Kathleen A. Cavanaugh
Fordham International Law Journal
While the focus in transitional justice literature is most often on functional or quasi-functional processes, this Article turns to the rather less explored path of dysfunctional transitions through the lens of the Israeli/Palestinian case. The stop and start nature of the "transition" from a conflict to the post-conflict process has reverted to a situation that the Israeli government has recently described as an 'armed conflict short of war." Against this backdrop, this Article provides insight into the role of law or its absence in transitioning conflict. As there are conflicting Israeli and Palestinian arguments regarding the legitimacy of Israeli occupation …
Wto Dispute Settlement And Competition Law: Views From The Perspective Of The Appellate Body's Experience, H.C. Claus-Dieter Ehlermann, Lothar Ehring
Wto Dispute Settlement And Competition Law: Views From The Perspective Of The Appellate Body's Experience, H.C. Claus-Dieter Ehlermann, Lothar Ehring
Fordham International Law Journal
This Article explores the extent to which the dispute settlement system of the WTO would be suitable in resolving competition-related cases. It first recalls that under existing trade rules, national competition law and practice are not exempt from, but rather subject to, the application of the dispute settlement system. Both competition laws as such and their application in individual cases must comply with the current, substantive standards of the WTO Agreement, and complaints can be brought against both. Extending the application of the dispute settlement system to a new agreement to be negotiated in the area of competition would produce …
The Commission: The Key To The Constitutional Treaty For Europe, John Temple Lang
The Commission: The Key To The Constitutional Treaty For Europe, John Temple Lang
Fordham International Law Journal
Political inventions are so rare that when they do arise they are not recognized--we try to fit them into traditional classifications, or criticize them for not being something that they were never intended to be. The European Commission (“Commission”) was a genuinely new political invention, created to solve a problem. The problem was that the European Community (“EC”) had to have majority voting. That meant that from time to time minorities would be out-voted. Majority voting--an old idea, but never before used in an international organization--had to be made acceptable.
Privacy Wrongs In Search Of Remedies, Joel R. Reidenberg
Privacy Wrongs In Search Of Remedies, Joel R. Reidenberg
Faculty Scholarship
The American legal system has generally rejected legal rights for data privacy and relies instead on market self-regulation and the litigation process to establish norms of appropriate behavior in society. Information privacy is protected only through an amalgam of narrowly targeted rules. The aggregation of these specific rights leaves many significant gaps and fewer clear remedies for violations of fair information practices. With an absence of well-established legal rights, privacy wrongs are currently in search of remedies. This Article first describes privacy rights and wrongs that frame the search for remedies in the United States. It explores public enforcement of, …
Deal Protection Provisions In The Last Period Of Play , Sean J. Griffith
Deal Protection Provisions In The Last Period Of Play , Sean J. Griffith
Faculty Scholarship
The ability to protect mergers is important to both targets and acquirors. A series of recent Chancery Court decisions, however, challenges the validity of deal protection provisions in merger agreements and threatens the stability of Delaware's established change of control paradigm. This article argues that last period concerns animate the Chancery Court's decisions and finds, in the last period problem, a theoretical principle capable of harmonizing these decisions with existing jurisprudence and providing a coherent approach to the practical problems raised by deal protection provisions.