Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Fordham Law School

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 5911 - 5940 of 8594

Full-Text Articles in Entire DC Network

When Legislatures Delegate Death: The Troubling Paradox Behind State Uses Of Electocution And Lethal Injection And What It Says About Us, Deborah W. Denno Jan 2002

When Legislatures Delegate Death: The Troubling Paradox Behind State Uses Of Electocution And Lethal Injection And What It Says About Us, Deborah W. Denno

Faculty Scholarship

This article discusses the paradoxical motivations and problems behind legislative changes from one method of execution to the next, and particularly moves from electrocution to lethal injection. This article first examines the constitutionality of electrocution, contending that a modern Eighth Amendment analysis of a range of factors, such as legislative trends toward lethal injection, indicates that electrocution is cruel and unusual. It then provides an Eighth Amendment review of lethal injection, demonstrating that injection also involves unnecessary pain, the risk of such pain, and a loss of dignity. The article next presents the author's study of the most current protocols …

Go to article

Antitrust And The Costs Of Standard-Setting: A Commentary On Teece & (And) Sherry Symposium: The Interface Between Intellectual Property Law And Antitrust Law: Commentary, Mark R. Patterson Jan 2002

Antitrust And The Costs Of Standard-Setting: A Commentary On Teece & (And) Sherry Symposium: The Interface Between Intellectual Property Law And Antitrust Law: Commentary, Mark R. Patterson

Faculty Scholarship

The creation of an industry standard is a process that has much in common with the creation of a patented invention. Indeed, if standards are not patentable, it is only because of certain doctrinal peculiarities of patent law. It is therefore important to preserve the incentives for organizations to incur the costs of standard-setting activity, so that society may gain the benefits of the resulting standards. The law can preserve those incentives by treating the contributions of industry standards as distinct from those of inventions that are incorporated in them. More specifically, antitrust law should ensure that the patentees of …

Go to article

Job Segregation, Gender Blindness, And Employee Agency Symposium: Law, Labor, And Gender - New Perspectives On Labor And Gender, Tracy E. Higgins Jan 2002

Job Segregation, Gender Blindness, And Employee Agency Symposium: Law, Labor, And Gender - New Perspectives On Labor And Gender, Tracy E. Higgins

Faculty Scholarship

Almost forty years after the enactment of Title VII, women's struggle for equality in the workplace continues. Although Title VII was intended to "break[] down old patterns of segregation and hierarchy," the American workplace remains largely gender-segregated. Indeed, more than one-third of all women workers are employed in occupations in which the percentage of women exceeds 80%. Even in disciplines in which women have made gains, top status (and top paying) jobs remain male-dominated while the lower status jobs are filled by women. This pattern of gender segregation, in turn, accounts for a substantial part of the persistent wage gap …

Go to article

Roundtable Panel I: Database Protection, Robert Eisenbach, Lisa Ferri, Robert Gibbons, Charles Sims Dec 2001

Roundtable Panel I: Database Protection, Robert Eisenbach, Lisa Ferri, Robert Gibbons, Charles Sims

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Go to article

The Application Of The Essential Facilities Doctrine To Intellectual Property Licensing In The European Union And The United States: Are Intellectual Property Rights Still Sacrosanct?, Sergio Baches Opi Dec 2001

The Application Of The Essential Facilities Doctrine To Intellectual Property Licensing In The European Union And The United States: Are Intellectual Property Rights Still Sacrosanct?, Sergio Baches Opi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Go to article

Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt Dec 2001

Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Go to article

A Balance Of Interests: The Concordance Of Copyright Law And Moral Rights In The Worldwide Economy, Michael B. Gunlicks Mar 2001

A Balance Of Interests: The Concordance Of Copyright Law And Moral Rights In The Worldwide Economy, Michael B. Gunlicks

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Go to article

Do As I Say And Not As I Do: Dickerson, Constitutional Common Law And The Imperial Supreme Court, Kevin Mcnamee Jan 2001

Do As I Say And Not As I Do: Dickerson, Constitutional Common Law And The Imperial Supreme Court, Kevin Mcnamee

Fordham Urban Law Journal

This Comment examines the Supreme Court's Miranda jurisprudence through the lens of the "constitutional common law" theory, which suggests that the Supreme Court has crafted a large body of subconstitutional rules that are not compelled by the text of the Constitution but serve to protect values implicit in the text. As a result, such rules are subject to the limitations of modification and nullification by later courts. After presenting the characteristics of the constitutional common law theory and its relationship to federalism and separation of powers, the author suggests that the theory can explain the erosion of Miranda decision's brightline …

Go to article

Living With Privatization: At Work And In The Community Jan 2001

Living With Privatization: At Work And In The Community

Fordham Urban Law Journal

Jerry L. Marshaw moderates this panel discussion with Cathlin Baker, Sheryll D. Cashin, John D. Donahue, Hon. Floyd Flake, Eugene W. Harper Jr. and Kerry Korpi.

Go to article

Sorting Out Federal And State Judicial Roles In State Insitutional Reform: Abstention's Potential Role, Charles R. Wise, Robert K. Christensen Jan 2001

Sorting Out Federal And State Judicial Roles In State Insitutional Reform: Abstention's Potential Role, Charles R. Wise, Robert K. Christensen

Fordham Urban Law Journal

The U.S. Supreme Court has given federal courts the authority to abstain from hearing certain cases and defer to state courts in some cases where constitutional or federal statutory rights have been violated. This piece attempts to clarify the abstention requirements and provide a clear rationale for the doctrine. Part I of this piece discusses the origin and development of the abstention doctrine, focusing specifically on the Burford abstention, a kind of abstention particularly salient to institutional reform cases. Part I also illustrates the inconsistencies inherent in the application of the abstention doctrine in its current form. Parts II and …

Go to article

Environmental Forensic Chemistry And Sound Science In The Courtroom, Dallas A. Wait Jan 2001

Environmental Forensic Chemistry And Sound Science In The Courtroom, Dallas A. Wait

Fordham Environmental Law Review

No abstract provided.

Go to article

Avoiding The Path Of Good Intentions-Protecting The Watershed Through Better Enforcement, Peter H. Lehner Jan 2001

Avoiding The Path Of Good Intentions-Protecting The Watershed Through Better Enforcement, Peter H. Lehner

Fordham Environmental Law Review

No abstract provided.

Go to article

Avoiding The Path Of Good Intentions-Protecting The Watershed Through Better Enforcement, Peter H. Lehner Jan 2001

Avoiding The Path Of Good Intentions-Protecting The Watershed Through Better Enforcement, Peter H. Lehner

Fordham Environmental Law Review

No abstract provided.

Go to article

Introducing Robert Smalls, Peggy Cooper Jan 2001

Introducing Robert Smalls, Peggy Cooper

Fordham Law Review

No abstract provided.

Go to article

The Constitutional Theory Of The Commercial Republic, Stephen L. Elkin Jan 2001

The Constitutional Theory Of The Commercial Republic, Stephen L. Elkin

Fordham Law Review

No abstract provided.

Go to article

There Is No Such Thing As Textualism: A Case Study In Constitutional Method, Paul E. Mcgreal Jan 2001

There Is No Such Thing As Textualism: A Case Study In Constitutional Method, Paul E. Mcgreal

Fordham Law Review

No abstract provided.

Go to article

Family Court Case Conferencing And Post-Dispositional Tracking: Tools For Achieving Justice For Parents In The Child Welfare System, Sara P. Schechter Jan 2001

Family Court Case Conferencing And Post-Dispositional Tracking: Tools For Achieving Justice For Parents In The Child Welfare System, Sara P. Schechter

Fordham Law Review

No abstract provided.

Go to article

Policy Perspectives On The Use Of Capital Controls In Emerging Market Nations: Lessons From The Asian Financial Crisis And A Look At The International Legal Regime, Duncan E. Williams Jan 2001

Policy Perspectives On The Use Of Capital Controls In Emerging Market Nations: Lessons From The Asian Financial Crisis And A Look At The International Legal Regime, Duncan E. Williams

Fordham Law Review

No abstract provided.

Go to article

Inequities In The Resolution Of Securities Disputes: Individual Or Class Action; Arbitration Or Litigation, Farah Z. Usmani Jan 2001

Inequities In The Resolution Of Securities Disputes: Individual Or Class Action; Arbitration Or Litigation, Farah Z. Usmani

Fordham Journal of Corporate & Financial Law

No abstract provided.

Go to article

Alternative Education: The Criminalization Of Student Behavior, Augustina H. Reyes Jan 2001

Alternative Education: The Criminalization Of Student Behavior, Augustina H. Reyes

Fordham Urban Law Journal

Public education was intended to give students a broad perspective to prepare them for living in a complex, diverse society. This article will examine a relatively recent development in public education: alternative education programs (AEPs). Using Texas public schools as a case study, this article argues that AEPs defeat public education’s goal of exposing students to a diverse student body. This is because AEPs segregate at-risk students-- usually Latinos, African Americans, Native Americans, and poor Whites--from the rest of the student population. This article deals with disciplinary AEPS, also known as DAEPs. Part I of the article will explore the …

Go to article

Privatization And The Democracy Problem In Globalization: Making Markets More Accountable Through Administrative Law, Alfred C. Aman Jr. Jan 2001

Privatization And The Democracy Problem In Globalization: Making Markets More Accountable Through Administrative Law, Alfred C. Aman Jr.

Fordham Urban Law Journal

This Article analyzes the privatization of traditional government services by placing such changes in governance in a global context. Looking into what domestic institutions have to do with the global economy, this Article argues that the privatization of governmental services is very much a piece with deregulatory trends in the United States and elsewhere in which state-centered approaches to a variety of regulatory problems increasingly have given way to markets and market discourses at all levels of government. This Article then considers the effects of such privatization trends on the public/private distinction itself, and its implications for democracy in general. …

Go to article

Public Oversight Of Public/Private Partnerships Jan 2001

Public Oversight Of Public/Private Partnerships

Fordham Urban Law Journal

Richard Briffault moderates this panel discussion with Jack M. Beermann, Barbara L. Bezdek, Wayne G. Hawley, Susan Sturm and Louise G. Trubek. This panel looks more directly at some of the mechanisms for accountability and monitoring, a central theme of the entire Symposium. The panelists will be talking about such issues as the role of hte courts, litigation, government agencies, monitoring procedures, community organizations, advocacy groups, and public interest lawyering in providing monitoring and accountability for the new organizations and hybrid organizations that are center stage in the era of privatization.

Go to article

Professor Eisgruber, The Constitution, And The Good Society, Sotirios A. Barber Jan 2001

Professor Eisgruber, The Constitution, And The Good Society, Sotirios A. Barber

Fordham Law Review

No abstract provided.

Go to article

Natural Law, The Constitution, And The Theory And Practice Of Judicial Review, Robert P. George Jan 2001

Natural Law, The Constitution, And The Theory And Practice Of Judicial Review, Robert P. George

Fordham Law Review

No abstract provided.

Go to article

Continuity And Contradiction In The Theory And Discourse Of Dependence, Brigid Kennedy-Pfister Jan 2001

Continuity And Contradiction In The Theory And Discourse Of Dependence, Brigid Kennedy-Pfister

Fordham Urban Law Journal

The terms “dependence” and “independence” have historically been used as status makers in social and political discourse in the United States. As various groups and individuals have pursued particular political goals, they have used and defined those terms in diverse ways and attached different meanings and connotations to them. The category of “dependent” in particular has been transformed from a term that at one time marked a natural condition in which certain groups existed, to a term that today defines a social problem. This article describes the content of, and the reasons for this transformation. The author concentrates upon dependency …

Go to article

Asian American Voting Rights And Representation: A Perspective From The Northeast, Glenn D. Magpantay Jan 2001

Asian American Voting Rights And Representation: A Perspective From The Northeast, Glenn D. Magpantay

Fordham Urban Law Journal

This article presents a strategy for advancing Asian American voting rights and for ensuring that Asian Americans have a full and fair opportunity to elect a candidate of their choice, as guaranteed by the Voting Rights Act, through an exploration of legal issues in the census, redistricting, and alternative voting systems. First, it discusses the importance of an accurate count of Asian Americans in the decennial census. Second, it explores legal strategies to achieve meaningful representation of Asian Americans through the redrawing of federal, state, and local voting district boundaries. Third, it reviews the merits and limitations of alternative voting …

Go to article

Adr And The Professional Responsibility Of Lawyers, Jacqueline M. Nolan-Haley, Robert F. Cochran Jr., Stephen K. Huber, Kimberlee K. Kovach Jan 2001

Adr And The Professional Responsibility Of Lawyers, Jacqueline M. Nolan-Haley, Robert F. Cochran Jr., Stephen K. Huber, Kimberlee K. Kovach

Fordham Urban Law Journal

Should the meaning of "ethical" lawyering change in the ADR context? This article contains several essays arguing that change is needed, that current ethics rules and codes must be adjusted, and new rules must be drafted that respond to the subtleties and complexities of the issues raised in ADR legal practice. Professor Carrie Menkel-Meadow provides an overview of the major ethical issues facing lawyers in ADR practice and reviews the current ethics rules landscape in ADR. Professor Robert Cochran offers a proposal to amend the current professional responsibility rules to include a mandate for advising clients of ADR options. Professor …

Go to article

Privatization And Political Accountability, Jack M. Beerman Jan 2001

Privatization And Political Accountability, Jack M. Beerman

Fordham Urban Law Journal

This article draws some general connections between privatization and political accountability. Although the main focus of the article is to examine different types of privatization, specifically exploring the ramifications for political accountability of each type, I also engage in some speculation as to whether there are situations in which privatization might raise constitutional concerns related to the degree to which the particular privatization reduces political accountability for the actions or decisions of the newly privatized entity. Court-created constitutional limits on privatization concerning political accountability have antecedents in recent Tenth Amendment jurisprudence and not-so-recent nondelegation cases. "Privatization" denotes a broad spectrum …

Go to article

Contractual Welfare: Non-Accountability And Diminished Democracy In Local Government Contracts For Welfare-To-Work Services, Barbara L. Bezdek Jan 2001

Contractual Welfare: Non-Accountability And Diminished Democracy In Local Government Contracts For Welfare-To-Work Services, Barbara L. Bezdek

Fordham Urban Law Journal

The Welfare State of the mid-twentieth century has been supplanted by the rise of the Contractual State, miring welfare reform in the United States in this worldwide reinvention of government. Moving people from welfare to work became a primary goal of federal welfare policy with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and the Temporary Assistance for Needy Families program it created. This new structure expressly permits states to devolve welfare policy and operations further still, to the county and city levels, and even to private vendors. As a result of this change, new issues of accountability …

Go to article

The Changing Shape Of Government Jan 2001

The Changing Shape Of Government

Fordham Urban Law Journal

Gillian E. Metzger, Alfred C. Aman Jr., Charles F. Sabel, Lester M. Salamon, E.S. Savas and Elliot D. Sclar participate in panel discussions focusing on the question of how to secure government accountability in the context of the expansion of privatization in government? This panel discusses some of the changes we are seeing in government institutions and in the ways government operates. The panelists describe ways in which the move toward privatization and the expansion of the gray area between public and private is occurring, but also will talk about changes we may see as being particularly useful in dealing …

Go to article

First Prev Next Last