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Fordham Law School

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Stein Center For Law And Ethics Amicus Brief In Michael Wayne Williams V. John B. Taylor, Lawrence Fox Dec 1999

Stein Center For Law And Ethics Amicus Brief In Michael Wayne Williams V. John B. Taylor, Lawrence Fox

Amicus Briefs

No abstract provided.


Stein Center For Law And Ethics Amicus Brief In Anthony Braden Bryan V. Michael Moore, Bruce Green Dec 1999

Stein Center For Law And Ethics Amicus Brief In Anthony Braden Bryan V. Michael Moore, Bruce Green

Amicus Briefs

No abstract provided.


Oddzon Products And Derivation Of Invention: At Odds With The Purpose Of Section 102(F) Of The Patent Act Of 1952?, Brian P. Murphy Dec 1999

Oddzon Products And Derivation Of Invention: At Odds With The Purpose Of Section 102(F) Of The Patent Act Of 1952?, Brian P. Murphy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Scope Of Protection Problems With Patents And Copyrights On Methods Of Doing Business, Richard H. Stern Oct 1999

Scope Of Protection Problems With Patents And Copyrights On Methods Of Doing Business, Richard H. Stern

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Unfair Competition Law And The European Court Of Human Rights: The Case Of Hertel V. Switzerland And Beyond, A. Kamperman Sanders Oct 1999

Unfair Competition Law And The European Court Of Human Rights: The Case Of Hertel V. Switzerland And Beyond, A. Kamperman Sanders

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Obviousness And New Technologies, John Kasdan Oct 1999

Obviousness And New Technologies, John Kasdan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


It Takes An Entire Village To Protect An Endangered Species: Individualism, Overlapping Spheres, And The Endangered Species Act, Nancy K. Kubasek Jan 1999

It Takes An Entire Village To Protect An Endangered Species: Individualism, Overlapping Spheres, And The Endangered Species Act, Nancy K. Kubasek

Fordham Environmental Law Review

No abstract provided.


Environmental Justice And Native Americans At The Department Of Energy Hanford Site, Kevin V. Clarke Jan 1999

Environmental Justice And Native Americans At The Department Of Energy Hanford Site, Kevin V. Clarke

Fordham Environmental Law Review

No abstract provided.


The Past, Present, And Future Of Title Vi Of The Civil Rights Act As A Tool Of Environmental Justice, Michael Gerrard, Nicholas Johnson, Peggy Shepard, Melva J. Hayden Jan 1999

The Past, Present, And Future Of Title Vi Of The Civil Rights Act As A Tool Of Environmental Justice, Michael Gerrard, Nicholas Johnson, Peggy Shepard, Melva J. Hayden

Fordham Environmental Law Review

No abstract provided.


If I Had A Hammer: Why Permitting Challenges Do Not Fit In The Fight For Environmental Justice, Elizabeth M. Georges Jan 1999

If I Had A Hammer: Why Permitting Challenges Do Not Fit In The Fight For Environmental Justice, Elizabeth M. Georges

Fordham Environmental Law Review

No abstract provided.


Hey You, Get Off [Of] My Cloud: An Analysis Of Citizen Suit Preclusions Under The Clean Water Act, Leonard O. Townsend Jan 1999

Hey You, Get Off [Of] My Cloud: An Analysis Of Citizen Suit Preclusions Under The Clean Water Act, Leonard O. Townsend

Fordham Environmental Law Review

No abstract provided.


If You Give The Court A Commerce Clause: An Environmental Justice Critique Of Supreme Court Interstate Waste Jurisprudence, Lincoln L. Davies Jan 1999

If You Give The Court A Commerce Clause: An Environmental Justice Critique Of Supreme Court Interstate Waste Jurisprudence, Lincoln L. Davies

Fordham Environmental Law Review

No abstract provided.


Marriage: Winning And Keeping The Freedom To Marry Nationally And In New York, Evan Wolfson, Peter Sherwin, Tim Sweeney, Patty Penelosa Jan 1999

Marriage: Winning And Keeping The Freedom To Marry Nationally And In New York, Evan Wolfson, Peter Sherwin, Tim Sweeney, Patty Penelosa

Fordham Urban Law Journal

This discussion focuses specifically on how the LGBT community can win the freedom to marry-both nationally and in New York. The panelists discussed the state of the law in New York State, with focus on both legislation and court precedent. The panelists discussed strategies for activity in the state legislature and outreach to the non-LGBT community. Finally, the panelists discussed potential signatories to the Marriage Resolution and how different groups are conducting outreach to attain support for the Resolution.


An Individual Approach To Suburban Racial Discrimination, Paul Boudreaux Jan 1999

An Individual Approach To Suburban Racial Discrimination, Paul Boudreaux

Fordham Urban Law Journal

The traditional model explaining racial discrimination has blamed discrimination by institutional actors in the housing industry and government. The author argues that this model ignores the individual preference factors that contribute to segregation. The replication of segregation in expanding suburban jurisdictions of metropolitan areas and the traditional legal responses are examined, as well as the implications of African American suburban migration. The author questions the adequacy of the traditional model by looking at the individual preference factors of both whites and African Americans that contribute to the replication of segregation in suburbs. The author notes that there is no method …


The Aftermath Of The Nato Bombing: Approaches For Addressing The Problem Of Serbian Conscientious Objectors, Alexandra Mcginley Jan 1999

The Aftermath Of The Nato Bombing: Approaches For Addressing The Problem Of Serbian Conscientious Objectors, Alexandra Mcginley

Fordham International Law Journal

This Note will address the plight of Serbian conscientious objectors who fled Serbia in the aftermath of NATO's involvement in Kosovo. Part I discusses refugee definitions and mechanisms for managing the refugee crises. Part I also examines the Balkan conflict, focusing on the NATO bombings, the exodus of refugees from the region and the subgroup of Serbian draft evaders to Hungary. Part II compares two legal methods for managing refugee crises. Part III argues for a hybrid solution, combining the individualized and collectivized approaches, to handle Serbian conscientious objector refugees.


When The State Steals Ideas: Is The Abrogation Of State Sovereign Immunity From Federal Infringement Claims Constitutional In Light Of Seminole Tribe?, Christina Bohannan, Thomas F. Cotter Jan 1999

When The State Steals Ideas: Is The Abrogation Of State Sovereign Immunity From Federal Infringement Claims Constitutional In Light Of Seminole Tribe?, Christina Bohannan, Thomas F. Cotter

Fordham Law Review

No abstract provided.


Indemnification Or Comparative Fault: Should A Tortfeasor's Right To Receive "Ryan Idemnity" In Maritime Law Sink Or Swim In The Presence Of Comparative Fault?, George K. Fuiaxis Jan 1999

Indemnification Or Comparative Fault: Should A Tortfeasor's Right To Receive "Ryan Idemnity" In Maritime Law Sink Or Swim In The Presence Of Comparative Fault?, George K. Fuiaxis

Fordham Law Review

No abstract provided.


Professional And Ethical Issues In Legal Externships: Fostering Commitment To Public Service, Lisa G. Lerman Jan 1999

Professional And Ethical Issues In Legal Externships: Fostering Commitment To Public Service, Lisa G. Lerman

Fordham Law Review

No abstract provided.


The Effect Of Article 10bis Of The Paris Convention On American Unfair Competition Law, Patricia V. Norton Jan 1999

The Effect Of Article 10bis Of The Paris Convention On American Unfair Competition Law, Patricia V. Norton

Fordham Law Review

No abstract provided.


The Independent Counsel Investigation, The Impeachment Proceedings, And President Clinton's Defense: Inquiries Into The Role And Responsibilities Of Lawyers, Symposium, Cooperation With Federal Prosecutors: Experiences Of Truth Telling And Embellishment, Ellen Yaroshefsky Jan 1999

The Independent Counsel Investigation, The Impeachment Proceedings, And President Clinton's Defense: Inquiries Into The Role And Responsibilities Of Lawyers, Symposium, Cooperation With Federal Prosecutors: Experiences Of Truth Telling And Embellishment, Ellen Yaroshefsky

Fordham Law Review

No abstract provided.


A District Attorney's Decision Whether To Seek The Death Penalty: Toward An Improved Process, Jonathan Demay Jan 1999

A District Attorney's Decision Whether To Seek The Death Penalty: Toward An Improved Process, Jonathan Demay

Fordham Urban Law Journal

The most important variable affecting whether a defendant will be subject to the death penalty is often the particular ideology of the district attorney of a respective county. More subtle forms of arbitrariness, such as bias based upon race, gender and class, also pervade the process. Arguing that the dangers inherent in the present situation justify the imposition of controls over the exercise of prosecutorial discretion in the decision whether to seek the death penalty, Part I presents the nature and scope of prosecutorial discretion judicial review of that discretion and the influence that individual prosecutors can have in the …


To Engage In Civil Practice As A Lawyer, James L. Nolan Jan 1999

To Engage In Civil Practice As A Lawyer, James L. Nolan

Fordham Urban Law Journal

Society can realize the justice it craves through virtuous lawyers doing their jobs well. In this context of the crucially important role lawyers play in society, the claimed spiritual crisis of the lawyer's professional bearings takes on greater concern. This Essay explores some of the dimensions of a spiritual crisis which lawyers now face and suggests how one might more effectively bridge the gap ebtween religious faith and legal practice to better serve clients and society.


Can A Religious Person Be A Big Firm Litigator? , Amelia J. Uelmen Jan 1999

Can A Religious Person Be A Big Firm Litigator? , Amelia J. Uelmen

Fordham Urban Law Journal

This Essay takes on the challenge of describing some of the ways in which values often defined as "personal" or "religious" can be integrated into the practice of law at a large firm. Part I describes some of the aspects of big firm practice that make it particularly difficult to integrate religious and personal values which may give meaning to one's work. Part II suggests that such meaning can be found through a religious vision of what it means to be a person, which includes a sense of obligation to serve the common good. Part III explores how this concept …


Roundtable Discussion: Where Do We Go From Here? Lesbian, Gay, Bisexual And Transgendered Civil Rights Into The Next Millennium, Hon. Deborah A. Batts, Matt Coles, Paula Ettelbrick, Evan Wolfson Jan 1999

Roundtable Discussion: Where Do We Go From Here? Lesbian, Gay, Bisexual And Transgendered Civil Rights Into The Next Millennium, Hon. Deborah A. Batts, Matt Coles, Paula Ettelbrick, Evan Wolfson

Fordham Urban Law Journal

This roundtable discussion focuses on the identification of goals and priorities for the LGBT community, particularly in the political arena. The panelists discuss the challenges of the legislative process, as well as the educational value of legislative activism in the community. Finally, they discuss the variety of strategies used by different groups, and explored ways of working together for future political battles.


Sexual/Gender Identity In The Criminal Courts, Alexis Baden-Mayer, Hon. Paul G. Feinman, Lori Cohen, Hon. Michael A. Sonberg Jan 1999

Sexual/Gender Identity In The Criminal Courts, Alexis Baden-Mayer, Hon. Paul G. Feinman, Lori Cohen, Hon. Michael A. Sonberg

Fordham Urban Law Journal

This discussion focuses on the criminal justice system, particularly where LGBT individuals are currently being harmed, both by the courts, enforcement, and the system generally. The panelists identified the major harms, and explored ways to eliminate them from the system. The discussion specifically focused on the limitations of domestic violence programs, and the challenges they pose to the community. The panelists also discussed the significance of HIV in criminal justice decision making.


Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico Jan 1999

Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico

Fordham Urban Law Journal

The amended Home Mortgage Disclosure Act (HMDA), updated in 1991, required lenders to disclose information regarding the number of applications received, the race and income of applicants, the location of the property for which the loan was sought, and the disposition of each application. This article studies the expanded HMDA's impact on conventional home mortgage lending in the New York City metropolitan area from 1991 until 1998. The author first examines ways to determine whether the disclosure of expanded HDMA data in 1991 influenced private lenders allocation of credit in the New York City metropolitan area. The release of data …


Rendering Legal Assistance To Similarly Situated Individuals, Bruce A. Green, Martha Matthews Jan 1999

Rendering Legal Assistance To Similarly Situated Individuals, Bruce A. Green, Martha Matthews

Fordham Law Review

No abstract provided.


A Model For Arbitration: Autonomy, Cooperation And Curtailment Of State Power, Kenneth Jan 1999

A Model For Arbitration: Autonomy, Cooperation And Curtailment Of State Power, Kenneth

Fordham Urban Law Journal

As compared with the formal pleadings, massive discovery, aggressive motion practice, and endless appeals of litigation, arbitration is undoubtedly more efficient as a dispute resolution mechanism. However, efficiency is only one of many advantages of arbitration. Arbitration empowers disputing parties, promotes individual autonomy and cooperation, and curtails the power of government in the process. Still, the state should not wholly limit its involvement in arbitral processes; the courts do and should have a substantial role in determining the enforceability of arbitration agreements and awards in a few select contexts. Overall, courts should enforce arbitration agreements and only limit enforceability that …


Mother Still Knows Best: Cancer-Related Gene Mutations, Familial Privacy, And A Physician's Duty To Warn, Alissa Jan 1999

Mother Still Knows Best: Cancer-Related Gene Mutations, Familial Privacy, And A Physician's Duty To Warn, Alissa

Fordham Urban Law Journal

The vows of the Hippocratic Oath which include a vow to abstain from sharing a patient's personal information remains an important tenet of medical care today. Physician-patient confidentiality even abstains sharing information with patients' families. However, when medical information affects the health of the patient's relatives, many medical professionals assert that they have a duty to share the information, with or without the patient's consent, particularly in the context of children of patients with genetic diseases and disorders, where forewarning may significantly decrease the risks or increase prevention of the effects of the disease or disorder. Currently, while physicians respect …


We Have Seen The Enemy: Scenes From A Trial, Robert E. Precht Jan 1999

We Have Seen The Enemy: Scenes From A Trial, Robert E. Precht

Fordham Urban Law Journal

This Article examines two traps that are particularly likely to undermine prosecutorial decision-making--the confirming-evidence trap and the anchoring trap. During the World Trade Center bombing trial, at which the author served as defense counsel, prosecutors stumbled into both of these traps. Part I of this Article examines the confirming-evidence trap in the context of the prosecution's failure to accept contradictory evidence regarding the material used in the bomb. Part II similarly examines the anchoring trap in light of the debacle that occurred during testimony by the prosecution's main witness. In addition to examining these episodes, the Article concludes that prosecutors …