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Plea Bargaining In The Shadow Of Death, Joseph L. Hoffmann, Marcy L. Kahn, Steven W. Fisher Jan 2001

Plea Bargaining In The Shadow Of Death, Joseph L. Hoffmann, Marcy L. Kahn, Steven W. Fisher

Fordham Law Review

No abstract provided.


Which Came First, The Fraud Or The Market: Is The Fraud-Created-The-Market Theory Valid Under Rule 10b-5, Peter J. Dennin Jan 2001

Which Came First, The Fraud Or The Market: Is The Fraud-Created-The-Market Theory Valid Under Rule 10b-5, Peter J. Dennin

Fordham Law Review

It is true that you may fool all the people some of the time;you can even fool some of the people all the time; but you can't fool all of the people all the time.


How About A Firm Where People Actually Want To Work: A "Professional" Law Firm For The Twenty-First Century, James Regan Jan 2001

How About A Firm Where People Actually Want To Work: A "Professional" Law Firm For The Twenty-First Century, James Regan

Fordham Law Review

I don't like work--no man does--but I like what is in work--the chance to find yourself. Your own reality--for yourself, not for others--what no other man can ever know. -Joseph Conrad


Unequal Justice: Arabs In America And United States Antiterrorism Legislation, Michael J. Whidden Jan 2001

Unequal Justice: Arabs In America And United States Antiterrorism Legislation, Michael J. Whidden

Fordham Law Review

Racial discrimination in any form and in any degree has no justifiable part whatever in our democrati way of life. It is unattractive in any setting but it is utterly revolting among a free people who have embraced the principles set forth in the Constitution of the united States. All residents of this nation are primarily and necessarily a part of the new and distinct civilization of the United States. They must accordingly be treated at all times as the heirs of the American experiment and as entitled to all the rights and freedoms guaranteed by the Constitution.


A Trust Analysis Of A Gestational Carrier's Right To Abortion, Kevin Yamamoto, Shelby A.D. Moore Jan 2001

A Trust Analysis Of A Gestational Carrier's Right To Abortion, Kevin Yamamoto, Shelby A.D. Moore

Fordham Law Review

No abstract provided.


The Impenetrable Constitution And Status Quo Morality, Charles A. Kelbley Jan 2001

The Impenetrable Constitution And Status Quo Morality, Charles A. Kelbley

Fordham Law Review

No abstract provided.


Report Of The Funding Working Group, Edith Holzer Jan 2001

Report Of The Funding Working Group, Edith Holzer

Fordham Law Review

No abstract provided.


Achieving Justice, Barriers To Achieving Justice For Incarcerated Parents, Martha L. Raimon Jan 2001

Achieving Justice, Barriers To Achieving Justice For Incarcerated Parents, Martha L. Raimon

Fordham Law Review

No abstract provided.


Some Ethical Issues Surrounding Mediation, Robert P. Burns Jan 2001

Some Ethical Issues Surrounding Mediation, Robert P. Burns

Fordham Law Review

No abstract provided.


Core Values: False And True, Nathan M. Crystal Jan 2001

Core Values: False And True, Nathan M. Crystal

Fordham Law Review

No abstract provided.


Middle-Class Lawyering In The Age Of Alzheimer's: The Lawyer's Duties In Representing A Fiduciary, Patrick Emery Longan Jan 2001

Middle-Class Lawyering In The Age Of Alzheimer's: The Lawyer's Duties In Representing A Fiduciary, Patrick Emery Longan

Fordham Law Review

No abstract provided.


The Advocate As Witness: Understanding Context, Culture And Client, Judith A. Mcmorrow Jan 2001

The Advocate As Witness: Understanding Context, Culture And Client, Judith A. Mcmorrow

Fordham Law Review

No abstract provided.


Bar Association Ethics Committees: Are They Broken Conference On Legal Ethics: What Needs Fixing, Bruce A. Green Jan 2001

Bar Association Ethics Committees: Are They Broken Conference On Legal Ethics: What Needs Fixing, Bruce A. Green

Faculty Scholarship

This Article explores the work of bar association ethics committees. These are committees established by bar associations to give advice to lawyers about how to comply with the applicable rules of professional conduct. My question is, are these committees broken? Over the past two decades, several legal academics have concluded that they are. At its harshest, the critique is that ethics committees, typified by the American Bar Association's ("ABA") ethics committee, publish opinions that respond to trivial questions by providing poorly reasoned answers on which nobody can or does rely, and that the reason that the committees' opinions are inadequate …


Unnecessary Privacy , Carl Felsenfeld Jan 2001

Unnecessary Privacy , Carl Felsenfeld

Faculty Scholarship

An individual's right to privacy in an electronic society has gained international attention as a booming new field. Its birth may roughly be marked to coincide with the birth of the Internet. The flow of information without limit or boundary has raised concerns with the consumer spokespeople in the Western World that personal information about them may flow as easily as general information about Machu Pichu, Keynesian economics, or Harvard College. The fear is that will cause individuals harm, ranging from personal embarrassment to a loss of civil liberties. Therefore, movements are developing to limit this flow of information. The …


Making Sense Of The Eleventh Amendment: International Law And State Sovereignty, Thomas H. Lee Jan 2001

Making Sense Of The Eleventh Amendment: International Law And State Sovereignty, Thomas H. Lee

Faculty Scholarship

The Judicial Power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. - Eleventh Amendment to the Constitution of the United States of America The thesis of this article is that the Eleventh Amendment, ratified in 1798, represented the incorporation into the American domestic constitutional law of federalism (specifically, the doctrine of state sovereign immunity) the late eighteenth-century international law rule that only states have rights against other states …


E-Commerce And Trans-Atlantic Privacy, Joel R. Reidenberg Jan 2001

E-Commerce And Trans-Atlantic Privacy, Joel R. Reidenberg

Faculty Scholarship

For almost a decade, the United States and Europe have anticipated a clash over the protection of personal information. Between the implementation in Europe of comprehensive legal protections pursuant to the directive on data protection and the continued reliance on industry self-regulation in the United States, trans-Atlantic privacy policies have been at odds with each other. The rapid growth in e-commerce is now sparking the long-anticipated trans-Atlantic privacy clash. This Article will first look at the context of American e-commerce and the disjuncture between citizens' privacy and business practices. The Article will then turn to the international context and explore …


Towards A Practice Of Deliberative Democracy: A Proposal For A Popular Branch , Ethan J. Leib Jan 2001

Towards A Practice Of Deliberative Democracy: A Proposal For A Popular Branch , Ethan J. Leib

Faculty Scholarship

Proposals for practical institutional reforms are notoriously absent from discussions about deliberative democracy. It is imperative to engage in the “nuts and bolts” debate of just what kinds of changes we discourse theorists or deliberative democrats want to effect. Here I would like to try to synthesize a reform proposal of my own based upon three major assumptions. Without argument, I assume a largely discourse-theoretic view of democracy that takes for granted the republican virtue of collective self-government as well as the Kantian claim that each citizen should be the author of his own laws. I further assume that our …


Multiracial Matrix: The Role Of Race Ideology In The Enforcement Of Antidiscrimination Laws, A United States-Latin America Comparison, Tanya K. Hernandez Jan 2001

Multiracial Matrix: The Role Of Race Ideology In The Enforcement Of Antidiscrimination Laws, A United States-Latin America Comparison, Tanya K. Hernandez

Faculty Scholarship

This Article examines the role of race ideology in the enforcement of antidiscrimination laws. Professor Hernandez demonstrates the ways in which the U.S. race ideology is slowly starting to resemble the race ideology of much of Latin America. The evolving U.S. race ideology is a multiracial matrix made up of four precepts: (1) racial mixture and diverse racial demography will resolve racial problems; (2) fluid racial classification schemes are an indicator of racial progress and the colorblind abolition of racial classifications an indicator of absolute racial harmony; (3) racism is solely a phenomenon of aberrant racist individuals; and (4) focusing …


Politics And Human Rights In International Criminal Law: Our Case Against Nato And The Lessons To Be Learned From It, Michael Mandel Jan 2001

Politics And Human Rights In International Criminal Law: Our Case Against Nato And The Lessons To Be Learned From It, Michael Mandel

Fordham International Law Journal

This article outlines the case against NATO as having committed war crimes that the author believes should have been tried before the ICTY. The author argues that by not subjecting countries like the United States and other NATO members to international criminal trials and consequences, it undermines international criminal law. The author concludes by discussing the ICC and the United States qualified signing of, and suggested withdrawal from, the treaty and the ramifications that it has for the legitimacy of international criminal law.


Kosovo And The Limits Of International Law, David Wippman Jan 2001

Kosovo And The Limits Of International Law, David Wippman

Fordham International Law Journal

This article examines the legality and wisdom of the North Atlantic Treaty Organization (“NATO”) intervention in Kosovo in 1990. The Kosovo campaign pushed at the boundaries of international law in at least two important respects. First, NATO's decision to engage in large-scale military action without prior Security Council authorization raised significant doubts about the status of the law governing the use of force and the viability of United Nations (“U.N.”) primacy in matters of international peace and security. Second, NATO's high-altitude bombing campaign, conducted without a single NATO combat casualty but with significant civilian casualties within the FRY, called into …


The International Criminal Court Arrives - The U.S. Position: Status And Prospects , John Washburn Jan 2001

The International Criminal Court Arrives - The U.S. Position: Status And Prospects , John Washburn

Fordham International Law Journal

This Essay first examines the current official U.S. position on the Court. The second section describes the development of the position as stated by Ambassador Prosper throughout the negotiations for the ICC from 1994 to the present. The final section reviews the prospects for changes in the U.S. position in the early years of the ICC's existence.


Market Power In Electricity Markets: Regulation, Deregulation And Competition - Lessons From The Italian Experience And Other European And U.S. Case Studies, Giuseppe Tesauro Jan 2001

Market Power In Electricity Markets: Regulation, Deregulation And Competition - Lessons From The Italian Experience And Other European And U.S. Case Studies, Giuseppe Tesauro

Fordham International Law Journal

The purpose of this Essay is threefold. First, to describe the Italian reform in electricity markets, comparing the models of liberalization and privatization followed by the Italian legislator with the British and French experiences. Second, to analyze the structure of the Italian electricity industry, which arose from the reform, and to study its effects in terms of increased competition from the vertical separation of the former monopolist. For this reason the traditional definition of market power will be revised. New indicators of the existence of a dominant position will be described. Studying the peculiarities of this industry, it will be …


Legislating The Golden Rule: Achieving Comparable Protection Under The European Union Database Directive , Julie Wald Jan 2001

Legislating The Golden Rule: Achieving Comparable Protection Under The European Union Database Directive , Julie Wald

Fordham International Law Journal

This Note examines the types of protection given to databases in both the United States and Europe. Part I discusses the reasons for providing databases protection. Part I also provides background information on the EU Database Directive, and examines the history of copyright protection of databases in the United States in light of a landmark Supreme Court decision and then analyzes the approach to database protection arising under the Collections of Information Antipiracy Act, a proposed law in the U.S. Congress. Part II balances sui generis protection in the EU Database Directive with misappropriation in H.R. 354. Part II also …


Between Restitution And International Morality, Elazar Barkan Jan 2001

Between Restitution And International Morality, Elazar Barkan

Fordham International Law Journal

This Essay explores a rush of restitution cases throughout the globe. The author sees in the pattern formed by these cases a central component of a new international morality. The Essay claims that these cases testify to a new globalism that pays greater attention to human rights. The author underscores the increasing way in which our histories shape our identities. Both realism and tentativeness of the historical identity have become part of the growing liberal political space that includes no longer merely Western countries, but has become attractive to numerous diverse groups and nations globally.


Www.Swissbankclaims.Com: The Legacy And Morality Of The Holocaust-Era Settlement With The Swiss Banks, Michael J. Bazyler Jan 2001

Www.Swissbankclaims.Com: The Legacy And Morality Of The Holocaust-Era Settlement With The Swiss Banks, Michael J. Bazyler

Fordham International Law Journal

This Essay discusses the post-settlement process following the claims made against Union Bank of Switzerland (“UBS”) and Credit Suisse by survivors of the Holocaust and their heirs. The author analyzes the settlement and provides both a legal and moral accounting of this litigation. This Essay is a continuation of the author's earlier writings on the subject.


The Holocaust Claims Processing Office's Handling Of Art Claims, Monica Dugot Jan 2001

The Holocaust Claims Processing Office's Handling Of Art Claims, Monica Dugot

Fordham International Law Journal

Overview of the Holocaust Claims Processing Office (“HCPO”) and activities relating to Holocaust-era art claims filed with HCPO. Goes into the history of the HCPO and its mission to assist claimants seeking recovery of assets held in European banks, proceeds from Holocaust-era insurance policies, and lost, looted, or stolen art. Overall it is a description of the Deputy Director's work in this field over the prior four years.


Welcoming Remarks, John Feerick, Thane Rosenbaum Jan 2001

Welcoming Remarks, John Feerick, Thane Rosenbaum

Fordham International Law Journal

Welcoming remarks and overview of the program of the Symposium.


The Methods Used To Secure Monetary Restitution, Transcripts Jan 2001

The Methods Used To Secure Monetary Restitution, Transcripts

Fordham International Law Journal

Record of panel discussion of the methods used to secure monetary restitution for Holocaust survivors and their heirs. Panelists discussed class action suits brought on behalf of survivors and the use of large-scale litigation to win monetary restitution.


The Uniform State Law Process: Will The Uma And Ruaa Be Adopted By The States?, James J. Brudney Jan 2001

The Uniform State Law Process: Will The Uma And Ruaa Be Adopted By The States?, James J. Brudney

Faculty Scholarship

Most practicing attorneys and legal academics first become aware of uniform statutes when studying the Uniform Commercial Code (UCC) in law school. Yet the UCC's widespread acceptance and periodic renewal are not the legacy that generally attends uniform law ventures This overview of the uniform statutory process offers some perspective for proponents of the recently approved Uniform Mediation Act (UMA) and Revised Uniform Arbitration Act (RUAA) as they attempt to secure enactment in multiple state legislatures.


Designated Diffidence: District Court Judges On The Courts Of Appeals Papers Of General Interest, James J. Brudney, Corey Distlear Jan 2001

Designated Diffidence: District Court Judges On The Courts Of Appeals Papers Of General Interest, James J. Brudney, Corey Distlear

Faculty Scholarship

Since 1980, District CourtJudges, designated pursuant to federal statute, have helped decide over 75,000 court of appeals cases-nearly one of every five merits decisions. Although scholars and judges have warned that the presence of these visitors on appellate panels may undermine consistency, legitimacy, or collegiality, little empirical evidence exists related to such concerns. Working with an especially complete data set of labor law opinions, the authors found that district court visitors perform in a much more diffident fashion than their appellate colleagues. They contribute notably fewer majority opinions and dissents. In addition, their participations do not reflect their professional or …