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Articles 6031 - 6060 of 8594
Full-Text Articles in Entire DC Network
Dissing Congress , Ruth Colker, James J. Brudney
Dissing Congress , Ruth Colker, James J. Brudney
Faculty Scholarship
This article adopts a novel separation of powers framework to analyze the Rehnquist Court's recent decisions under the Commerce Clause and Section Five of the Fourteenth Amendment. We demonstrate in historical terms how the Court's methods for assessing the constitutional adequacy of federal laws have changed dramatically since the mid-1990s, and we argue that these new methods are undermining the proper role of Congress and producing a significant shift in the balance of power between the Branches. We identify two distinct methodologies employed by the Rehnquist Court that have resulted in growing disrespect for Congress - the "crystal ball" and …
1977 Code Of Ethics For Arbitrators: An Outside Perspective, The Symposium: Ethics In A World Of Mandatory Arbitration, John D. Feerick
1977 Code Of Ethics For Arbitrators: An Outside Perspective, The Symposium: Ethics In A World Of Mandatory Arbitration, John D. Feerick
Faculty Scholarship
If ADR is to remain a vibrant part of the judicial landscape, it is essential that efforts further shape ethical standards and guidelines, as well as their practical connotations. The framers of the United States Constitution were very careful to establish a public justice system comprised of judges and juries operating within a framework of standards and protections designed to assure justice and fairness while simultaneously promoting public confidence. We should give similar care to developing processes through which we purportedly intend to accomplish similar objectives in resolving disputes and controversies. At the very least, the private nature of these …
Reflections On The Ethics Of Legal Academics: Law Schools As Mdps; Or, Should Law Professors Practice What They Teach Symposium: Ethics Of Law Professors, Bruce A. Green
Faculty Scholarship
[A member of the House of Commons said in Samuel Johnson's presence] that he paid no regard to the arguments of counsel at the bar of the House of Commons, because they were paid for speaking. JOHNSON. 'Nay, Sir, argument is argument. You cannot help paying regard to their arguments, if they are good, If it were testimony, you might disregard it, if you knew that it were purchased. There is a beautiful image in Bacon upon this subject: testimony is like an arrow shot from a long bow; the force of it depends on the hand that draws it. …
Testing Multiple Intelligences: Comparing Evaluation By Simulation And Written Exam , Ian Weinstein
Testing Multiple Intelligences: Comparing Evaluation By Simulation And Written Exam , Ian Weinstein
Faculty Scholarship
Written examinations play a key role in legal education. The LSAT is the most important factor in law school admissions. Once students enroll in law school, exams are used to evaluate and sort first year students. At most American law schools, a single, end of semester or end of year, timed, written, in class exam determines the grade in each first year class.' Although exams continue to play a major role throughout law school, once students are sorted at the end of first year it is often difficult for them to significantly change their place in the law school hierarchy. …
Panel I: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Public Sector Data, Robert Sherman, Paul Schwartz, Deirdre Mulligan, Steven Emmert
Panel I: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Public Sector Data, Robert Sherman, Paul Schwartz, Deirdre Mulligan, Steven Emmert
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Ii: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Private Sector Data, Jennifer Barrett, Evan Hendricks, Solveig Singleton, David Sobel
Panel Ii: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Private Sector Data, Jennifer Barrett, Evan Hendricks, Solveig Singleton, David Sobel
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Privacy Versus The First Amendment: A Skeptical Approach, Solveig Singleton
Privacy Versus The First Amendment: A Skeptical Approach, Solveig Singleton
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Taking A Step Beyond Maxwell To Tame The Doctrine Of Equivalents, Matthew C. Phillips
Taking A Step Beyond Maxwell To Tame The Doctrine Of Equivalents, Matthew C. Phillips
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Irving V. Penguin: Historians On Trial And The Determination Of Truth Under English Libel Law, Dennise Mulvihill
Irving V. Penguin: Historians On Trial And The Determination Of Truth Under English Libel Law, Dennise Mulvihill
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Forgiveness And Justice, Benjamin C. Zipursky
Forgiveness And Justice, Benjamin C. Zipursky
Fordham Urban Law Journal
A panel discussion of professors and audience members, discussing whether forgiveness has a place in the law and what that place is. Includes comments by panelists Benjamin C. Zipursky (moderator), Douglas B. Ammar, John Q. Barrett, Frederick W. Gay, David M. Lerman and Margaret Colgate Love, as well as comments and questions from audience members.
The Necessary Application Of The Contract Clause To Cases Involving Restrictive Covenants And Group Famiy Day Care Homes, Heidi Marie Flinn
The Necessary Application Of The Contract Clause To Cases Involving Restrictive Covenants And Group Famiy Day Care Homes, Heidi Marie Flinn
Fordham Urban Law Journal
This Note argues that courts should apply the Contract Clause analysis that is set for by the Supreme Court in Energy Reserves to all home based day care cases regardless of whether it is state legislative or judicial action that prevents enforcement of a restrictive covenant. It begins by explaining the background of restrictive covenants as they apply to group homes and outlines Contract Clause analysis in relation to restrictive covenants. Additionally, this Note explores the Fair Housing Act and how it is becoming the best tool to litigate cases involving covenants and group homes for the mentally ill, but …
Environmental Hazards: Assessing The Risk To Women, Staci Jeanne Krupp
Environmental Hazards: Assessing The Risk To Women, Staci Jeanne Krupp
Fordham Environmental Law Review
No abstract provided.
Resolving Public Health And Redevelopment Concerns In Brownsfields Legislation, Richard L. Brodsky
Resolving Public Health And Redevelopment Concerns In Brownsfields Legislation, Richard L. Brodsky
Fordham Environmental Law Review
No abstract provided.
Getting The Deal Done: A Survival Guide To Environmental Problem-Solving In Brownfields Transactions, Steven L. Humphreys
Getting The Deal Done: A Survival Guide To Environmental Problem-Solving In Brownfields Transactions, Steven L. Humphreys
Fordham Environmental Law Review
No abstract provided.
Loves Lies Bleeding: Brownfields In The New Millennium, Leonard O. Townsend
Loves Lies Bleeding: Brownfields In The New Millennium, Leonard O. Townsend
Fordham Environmental Law Review
No abstract provided.
Ethics In Criminal Advocacy, Symposium, The Prosecutor's Ethical Duty To Seek Exculpatory Evidence In Police Hands: Lessons From England, Stanley Z. Fisher
Ethics In Criminal Advocacy, Symposium, The Prosecutor's Ethical Duty To Seek Exculpatory Evidence In Police Hands: Lessons From England, Stanley Z. Fisher
Fordham Law Review
No abstract provided.
The Robert L. Levine Distinguished Lecture Series, Lecture, Race Relations Law In The Canon Of Legal Academica, Randall Kennedy
The Robert L. Levine Distinguished Lecture Series, Lecture, Race Relations Law In The Canon Of Legal Academica, Randall Kennedy
Fordham Law Review
No abstract provided.
Balancing Hearsay And Criminal Discovery, John G. Douglass
Balancing Hearsay And Criminal Discovery, John G. Douglass
Fordham Law Review
No abstract provided.
Prison Overcrowding: Standards In Determining Eighth Amendment Violations, Susanna Y. Chung
Prison Overcrowding: Standards In Determining Eighth Amendment Violations, Susanna Y. Chung
Fordham Law Review
No abstract provided.
Helping Employers Help Themselves: Resolving The Conflict Between The Fair Credit Reporting Act And Title Vii, Meredith J. Fried
Helping Employers Help Themselves: Resolving The Conflict Between The Fair Credit Reporting Act And Title Vii, Meredith J. Fried
Fordham Law Review
No abstract provided.
Enforcing Courtesy: Default Judgments And The Civility Movement, Adam Owen Glist
Enforcing Courtesy: Default Judgments And The Civility Movement, Adam Owen Glist
Fordham Law Review
"We have much less of a sense of shared values than we used to have. There was a common understanding of how you acted. You zealously represented your client, but you had respect for the other side and treated them with dignity. Afterward, you'd all go out for a drink." Can we ever again achieve this level of professionalism? I hope so.
Where Do We Go From Here: Legal Controls And Future Strategies For Addressing The Transportation Of Hazardous Wastes Across International Borders, Theodore Waugh
Fordham Environmental Law Review
No abstract provided.
Cerla's Timing Of Review Provision A Statutory Solution To The Problem Of Irreparable Harm To Health And The Environment, Brian Patrick Murphy
Cerla's Timing Of Review Provision A Statutory Solution To The Problem Of Irreparable Harm To Health And The Environment, Brian Patrick Murphy
Fordham Environmental Law Review
No abstract provided.
Area-Wide Brownsfields Planning, Remediation, And Development, D Evan Van Hook
Area-Wide Brownsfields Planning, Remediation, And Development, D Evan Van Hook
Fordham Environmental Law Review
No abstract provided.
Risk Reduction In Office Workplace Encounters Between Newly-Disabled Employees And Management Of New York City Companies, Marta B. Varela
Risk Reduction In Office Workplace Encounters Between Newly-Disabled Employees And Management Of New York City Companies, Marta B. Varela
Fordham Urban Law Journal
This Article describes potential pitfalls for employers arising from the ADA protections afforded to employees with no prior record of disability returning to work after medical certification of a disability requiring accommodation. The Article describes Federal laws protecting disabled employees from unnecessary intrusion in their private lives (such as the Americans with Disabilities Act of 1990, the Family Medical Leave Act of 1993, and the Occupation Health and Safety Act of 1970) and sets out the requirements imposed on employers. The Article also describes New York City disability laws enforced by the New York City Commission on Human Rights. Finally, …
Forgiveness And Justice, Benjamin C. Zipursky
Forgiveness And Justice, Benjamin C. Zipursky
Fordham Urban Law Journal
A panel discussion of professors and audience members, discussing whether forgiveness has a place in the law and what that place is. Includes comments by panelists Benjamin C. Zipursky (moderator), Douglas B. Ammar, John Q. Barrett, Frederick W. Gay, David M. Lerman and Margaret Colgate Love, as well as comments and questions from audience members.
Forgiveness And The Law, Martha Minow
Forgiveness And The Law, Martha Minow
Fordham Urban Law Journal
A discussion of the role of forgiveness in the law, substituting forgiveness for the law, and whether or not the law can or should pursue higher moral ambitions
A Dialogue Concerning Heresies, Jack L. Sammons
A Dialogue Concerning Heresies, Jack L. Sammons
Fordham Urban Law Journal
A modernization of St. Thomas More's famous 1529 "Dialogue Concerning Heresies." A fictional "Judge More" defends the legal profession against the zeal of legal ethicists.
Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman
Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman
Fordham Urban Law Journal
This essay advocates the role of forgiveness within the criminal justice system, particularly from a prosecutor's perspective, and discusses common impediments to its increased presence and the leadership needed to allow it to develop within the system.
Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator)
Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator)
Fordham Urban Law Journal
A discussion of the role of forgiveness in criminal law, and the extent to which forgiveness should impact prosecutorial discretion. Includes a question and answer session with audience.