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Articles 5941 - 5970 of 8594
Full-Text Articles in Entire DC Network
International Law Clients: The Wisdom Of Natural Law, Robert John Araujo
International Law Clients: The Wisdom Of Natural Law, Robert John Araujo
Fordham Urban Law Journal
This Article discusses natural law, the foundation of many international law principles. First, it describes the natural law and its bearing on the practice of international law. Second. it describes the concept of "the common good," a foundation of natural law. Third, it introduces the term "solidarity" and its relation to achieving the common good. Fourth, it describes the concept of "subsidiarity," a form of decision-making necessary for natural law to inform international law. Finally, it explains the suum cuique, a critical precept in natural law as it applies to international law. The Article concludes that natural law principles that …
Natural Law, Marriage, And The Thought Of Karol Wojtyla, John J. Coughlin
Natural Law, Marriage, And The Thought Of Karol Wojtyla, John J. Coughlin
Fordham Urban Law Journal
This Article examines the loss of the natural law perspective from legal theory and the movement towards liberal theory. The Article continues by analyzing two features of the natural law tradition as described in the philosophical writings of Karol Wojtyla. The first feature concerns marriage and family as the fundamental human community. The second considers marriage as a virtuous relationship. The Article concludes with practical suggestions for the legal profession and legal education with regard to counseling clients about marriage.
Freedom Of Expression In New York State: What Remains Of People Ex Rel. Arcara V. Cloud Books, Inc.?, Jeremy J. Bethel
Freedom Of Expression In New York State: What Remains Of People Ex Rel. Arcara V. Cloud Books, Inc.?, Jeremy J. Bethel
Fordham Urban Law Journal
This Note explores the decline of People ex rel. Arcara in New York State jurisprudence over the last decade. It first describes traditional and contemporary methods of testing free expression infringements, including a discussion of federal minimum standards, and protection expansions implemented by the New York Court of Appeals. Next, it describes the effect of federal "secondary effects" jurisprudence upon the People ex rel. Arcara standard, and how that encounter skewed lower court application of that standard for all cases involving "content-neutral" infringement of protected speech. Finally, it examines the illogical consequences of the court of appeals' method of deciding …
Beyond Economically Targeted Investments: Redefining The Legal Framework Of Pension Fund Investments In Low-To-Moderate Income Residential Real Estate, Alec Sauchik
Fordham Urban Law Journal
This Note first presents the socioeconomic theory underlying the concept of ETIs and outlines the scope of trustees' fiduciary obligations to plan participants when making investments in residential real estate. It also analyzes relevant case law pertaining to fiduciary duties of pension fund trustees. Next, it compares two conflicting views on the legality of economically targeted investments. Finally, it argues that although the legal framework applicable to the fiduciary obligations of pension fund trustees is inadequate to fully address all challenges to the legality of ETIs, pension fund investments in low-to-moderate income residential real estate can be reconciled with the …
Do The Clothes Make The Man? Implications Of A Witness' Status In The Determination Of Probable Cause, Jessica Ward
Do The Clothes Make The Man? Implications Of A Witness' Status In The Determination Of Probable Cause, Jessica Ward
Fordham Urban Law Journal
This Note examines police determination of probable cause based on witness credibility. It first sets out the probable cause standard and details the relevant probable cause case law and the policy considerations behind the Fourth Amendment. Next, it examines different types of witnesses the police encounter and analyzes whether the status of the witness implies more or less credibility. Finally, it evaluates the factors that officers apply in their determination of witness credibility. This Note concludes that the status of the witness should not be determinative, but rather should be just one of the factors the police take into account …
Making Lawyers Good People: Possibility Or Pipedream?, Subha Dhanaraj
Making Lawyers Good People: Possibility Or Pipedream?, Subha Dhanaraj
Fordham Urban Law Journal
This Comment first outlines general conceptions of morality and moral development according to the widely accepted model promulgated by Professor Lawrence Kohlberg, and enunciates the importance of moral theory in the context of legal education. Next, it analyzes competing views of moral development and challenges some general concerns about the value of moral education in law schools. It then proposes the incorporation of moral teaching in the law school curriculum to remedy the disjunction between persona convictions and legal analysis stemming from the Langdellian method of legal training. Finally, it discusses the challenges to incorporating moral education into legal training. …
Examining The Lautenberg Amendment In The Civilian And Military Contexts: Congressional Overreaching, Statutory Vagueness, Ex Post Facto Violations, And Implementation Flaws, Jessica A. Golden
Fordham Urban Law Journal
The Lautenberg Amendment to the Gun Control Act of 1968 was passed in 1996 with the purpose of preventing gun-related domestic violence. The Lautenberg Amendment's passage raises unique commerce clause issues, and the amendment is possibly unconstitutional. Part I of the article examines the Commerce Clause (and Tenth Amendment) challenges to the Lautenberg Amendment. It provides the history of cases thus far failing to successfully challenge the constitutionality of the Lautenberg Amendment. It then discusses the Supreme Court's decision in Morrison v. Olson, that struck down the civil remedies provision of the Violence Against Women Act as a violation of …
The Diversity Dialogues In Higher Education, John H. Bunzel
The Diversity Dialogues In Higher Education, John H. Bunzel
Fordham Urban Law Journal
It is hard to be an enemy of diversity. Most Americans recognize diversity as one of the nation’s proudest attributes. Beyond that, however, there is confusion over the term’s meaning. No matter how often people say the word, or how strongly they believe in it, they continue to ignore the way diversity has become an all-embracing concept. The term “diversity” has become a code word that fails to define precisely what it allegedly exalts and what exactly is to be accomplished by those who extol its virtues. The elasticity of the term “diversity” has masked many kinds of questionable conduct. …
Why Girls’ Schools? The Difference In Girl-Centered Education, Whitney Ransome, Meg Milne Moulton
Why Girls’ Schools? The Difference In Girl-Centered Education, Whitney Ransome, Meg Milne Moulton
Fordham Urban Law Journal
The past decade has witnessed a remarkable resurgence of interest in all-girls’ education. Following the enactment of Title IX in 1972, the number of single-sex schools declined. By the mid 1990s, only two public girls’ schools remained. What, then, explains the remarkable renaissance that has occurred in just over a decade’s time? What has led to the renewal of interest in girls’ schools? How does an all-girls education differ from a co-educational education? The answers to these questions can be found in a series of interrelated developments in educational theory, gender research, and the link between brain function and the …
Confronting Same-Sex, Student-To-Student Sexual Harassment: Recommendations For Educators And Policy Makers, Thomas A. Mayes
Confronting Same-Sex, Student-To-Student Sexual Harassment: Recommendations For Educators And Policy Makers, Thomas A. Mayes
Fordham Urban Law Journal
Student-on-student sexual harassment has been the subject of significant scholarly commentary and numerous court battles. In light of the United States Supreme Court's decision in Davis v. Monroe County Board of Education, which held that in certain cases students have a cause of action under Title IX against schools for peer sexual harassment, many schools have been advised to consider responses to and ways to prevent student-on-student sexual harassment. When considering corrective and preventative approaches to peer sexual harassment in the schools, educators and policy makers should strongly consider addressing same-sex harassment. Prior to its decision in Davis, a unanimous …
Procreation And The Prisoner: Does The Right To Procreate Survive Incarceration And Do Legitimate Penological Interestes Justify Restrictions On The Exercise Of The Right, Richard Guidice Jr.
Procreation And The Prisoner: Does The Right To Procreate Survive Incarceration And Do Legitimate Penological Interestes Justify Restrictions On The Exercise Of The Right, Richard Guidice Jr.
Fordham Urban Law Journal
No abstract provided.
Strategic Planning For Financial Institutions In A New Legal And Economic Environment, Carl Felsenfeld, William T. Lifland, Ernest T. Patrikis, Frank Scifo, William J. Sweet Jr.
Strategic Planning For Financial Institutions In A New Legal And Economic Environment, Carl Felsenfeld, William T. Lifland, Ernest T. Patrikis, Frank Scifo, William J. Sweet Jr.
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Policy Aspect, Consumer Data Privacy, Clyde Mitchell, Carl Howard, Oliver I. Ireland, Joel R. Reidenberg, Jay N. Soloway
The Policy Aspect, Consumer Data Privacy, Clyde Mitchell, Carl Howard, Oliver I. Ireland, Joel R. Reidenberg, Jay N. Soloway
Fordham Journal of Corporate & Financial Law
No abstract provided.
The New Policy Agenda For Financial Services, Richard S. Carnell
The New Policy Agenda For Financial Services, Richard S. Carnell
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Critical Issue Of Standing Under Section 11 Of The Securities Act Of 1933, Paul C. Curnin, Christine M. Ford
The Critical Issue Of Standing Under Section 11 Of The Securities Act Of 1933, Paul C. Curnin, Christine M. Ford
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Sec's Regulation Fd, Richard L. Anderson, David Becker, Harvey L. Goldschmid, Eric D. Roiter, Susan E. Wolf, Alex Zisson, Jill E. Fisch
The Sec's Regulation Fd, Richard L. Anderson, David Becker, Harvey L. Goldschmid, Eric D. Roiter, Susan E. Wolf, Alex Zisson, Jill E. Fisch
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Sec's "Fair Value" Standard For Mutual Fund Investment In Restricted Shares And Other Illiquid Securities , Janet Kiholm Smith Dr.
The Sec's "Fair Value" Standard For Mutual Fund Investment In Restricted Shares And Other Illiquid Securities , Janet Kiholm Smith Dr.
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Hot Ipo Phenomenon And The Great Internet Bust, Andres Rueda
The Hot Ipo Phenomenon And The Great Internet Bust, Andres Rueda
Fordham Journal of Corporate & Financial Law
No abstract provided.
An Overview Of Derivatives Litigation, 1994 To 2000, John D. Finnerty
An Overview Of Derivatives Litigation, 1994 To 2000, John D. Finnerty
Fordham Journal of Corporate & Financial Law
No abstract provided.
Muddy Rules For Securitizations, Edward J. Janger
Muddy Rules For Securitizations, Edward J. Janger
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Impact Of Bankruptcy Reform On "True Sale" Determination In Securitization Transactions, Steven Schwarcz
The Impact Of Bankruptcy Reform On "True Sale" Determination In Securitization Transactions, Steven Schwarcz
Fordham Journal of Corporate & Financial Law
No abstract provided.
Revised Article 9, The Proposed Bankruptcy Code Amendments And Securitizing Debtors And Their Creditors, Lois R. Lupica
Revised Article 9, The Proposed Bankruptcy Code Amendments And Securitizing Debtors And Their Creditors, Lois R. Lupica
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Problem Of Corporate Groups, A Comment On Professor Ziegel, Robert K. Rasmussen
The Problem Of Corporate Groups, A Comment On Professor Ziegel, Robert K. Rasmussen
Fordham Journal of Corporate & Financial Law
No abstract provided.
Comment On Means Testing Consumer Bankruptcy By Jean Braucher, Eric Posner
Comment On Means Testing Consumer Bankruptcy By Jean Braucher, Eric Posner
Fordham Journal of Corporate & Financial Law
No abstract provided.
Lesson From The Trenches: Debtor Educator In Theory And Practice, Susan Block-Lieb, Karen Gross, Richard L. White
Lesson From The Trenches: Debtor Educator In Theory And Practice, Susan Block-Lieb, Karen Gross, Richard L. White
Fordham Journal of Corporate & Financial Law
No abstract provided.
On The Liability Of Corporate Directors To Holders Of Securities For Illegal Corporate Acts: Can The Tension Between The "Net-Loss" And "No-Duty-To-Disclose" Rules Be Resolved, Geoffrey Rapp
Fordham Journal of Corporate & Financial Law
No abstract provided.
Don't Train Your Employees And Cancel Your 1-800 Harassment Hotline: An Empirical Examination And Correction Of The Flaws In The Affirmative Defense To Sexual Harassment Charges, David Sherwyn, Michael Heise, Zev J. Eigen
Don't Train Your Employees And Cancel Your 1-800 Harassment Hotline: An Empirical Examination And Correction Of The Flaws In The Affirmative Defense To Sexual Harassment Charges, David Sherwyn, Michael Heise, Zev J. Eigen
Fordham Law Review
No abstract provided.
Nationalized Political Discourse, Robert F. Nagel
Nationalized Political Discourse, Robert F. Nagel
Fordham Law Review
No abstract provided.
Small Things Like Reasons Are Put In A Jar: Reason And Legitimacy In The Administrative State, Jeffrey L. Mashaw
Small Things Like Reasons Are Put In A Jar: Reason And Legitimacy In The Administrative State, Jeffrey L. Mashaw
Fordham Law Review
No abstract provided.
Good Society, Commerce, And The Rehnquist Court, Michael C. Dorf
Good Society, Commerce, And The Rehnquist Court, Michael C. Dorf
Fordham Law Review
No abstract provided.