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Articles 6271 - 6300 of 8594
Full-Text Articles in Entire DC Network
Ethics, Law Enforcement, And Fair Dealing: A Prosecutor's Duty To Disclose Nonevidentiary Information, David Aaron
Ethics, Law Enforcement, And Fair Dealing: A Prosecutor's Duty To Disclose Nonevidentiary Information, David Aaron
Fordham Law Review
No abstract provided.
Have You Hedged Today? The Inevitable Advent Of Consumer Derivatives, Carolyn H. Jackson
Have You Hedged Today? The Inevitable Advent Of Consumer Derivatives, Carolyn H. Jackson
Fordham Law Review
No abstract provided.
Jurisprudence And Jurisdiction: Toward A More Flexible Approach To Bankruptcy Interlocutory Appeals, Kristin D. Kiehn
Jurisprudence And Jurisdiction: Toward A More Flexible Approach To Bankruptcy Interlocutory Appeals, Kristin D. Kiehn
Fordham Law Review
No abstract provided.
The Post-Sale Confusion Doctrine: Why The General Public Should Be Included In The Likelihood Of Confusion Inquiry, Anne M. Mccarthy
The Post-Sale Confusion Doctrine: Why The General Public Should Be Included In The Likelihood Of Confusion Inquiry, Anne M. Mccarthy
Fordham Law Review
No abstract provided.
That "S" Word: Sovereignty, And Globalization, And Human Rights, Et Cetera, Louis Henkin
That "S" Word: Sovereignty, And Globalization, And Human Rights, Et Cetera, Louis Henkin
Fordham Law Review
No abstract provided.
If You Build It, Can They Sue? Architects' Liability Under Title Iii Of The Ada, James P. Colgate
If You Build It, Can They Sue? Architects' Liability Under Title Iii Of The Ada, James P. Colgate
Fordham Law Review
No abstract provided.
Urban Sprawl, Federalism, And The Problem Of Institutional Complexity, William W. Buzbee
Urban Sprawl, Federalism, And The Problem Of Institutional Complexity, William W. Buzbee
Fordham Law Review
No abstract provided.
From Pill-Counting To Patient Care: Pharmacists' Standard Of Care In Negligence Law, Lauren Fleischer
From Pill-Counting To Patient Care: Pharmacists' Standard Of Care In Negligence Law, Lauren Fleischer
Fordham Law Review
No abstract provided.
The Robert L. Levine Distinguished Lecture Series, Lecture, Reforming School Reform, Martha Minow
The Robert L. Levine Distinguished Lecture Series, Lecture, Reforming School Reform, Martha Minow
Fordham Law Review
No abstract provided.
The Jury's Role In Deciding Normative Issues In The American Common Law, Mark P. Gergen
The Jury's Role In Deciding Normative Issues In The American Common Law, Mark P. Gergen
Fordham Law Review
No abstract provided.
A Prosecutor's Use Of Inconsistent Factual Theories Of A Crime In Successive Trials: Zealous Advocacy Or A Due Process Violation?, Michael Q. English
A Prosecutor's Use Of Inconsistent Factual Theories Of A Crime In Successive Trials: Zealous Advocacy Or A Due Process Violation?, Michael Q. English
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, Lucifer's Fiasco: Lawyers, Liars, And L'Affaire Lewinsky, Rob Atkinson
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, The Leak And The Craft: A Hard Line Proposal To Stop Unaccountable Disclosures Of Law Enforcement Information, John Q. Barrett
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, The Ethical Role And Responsibilities Of A Lawyer-Ethicist: The Case Of The Independent Counsel's Independent Counsel, Nancy J. Moore
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, Poorer But Wiser: The Bar Looks Back At Its Contribution To The Impeachment Spectacle , H. Richard Uviller
Fordham Law Review
No abstract provided.
Discontinuous Tradition Of Sentencing Discretion: Koon's Failure To Recognize The Reshaping Of Judicial Discretion Under The Guidelines, The, Ian Weinstein
Faculty Scholarship
Can a judge exercise discretion and follow the law? Some think it impossible, seeing discretion as the opposite of law. Others have harmonized the two ideas, viewing discretion as the exercise of judgment according to and within the bounds of the law. Those who decry judicial discretion urge legislatures to enact more specific laws and leave less room for the vice of inconsistent results. Those who defend discretion would channel it to achieve the virtue of individualized justice. The tension between individualization and uniformity in the law is often unnecessarily heightened by an inadequate analysis of judicial discretion. The exercise …
Are We To Be A Nation?: Federal Powers Vs "States’ Rights" In Foreign Affairs, Martin S. Flaherty
Are We To Be A Nation?: Federal Powers Vs "States’ Rights" In Foreign Affairs, Martin S. Flaherty
Faculty Scholarship
No abstract provided.
Disestablishing Local School Districts As A Remedy For Educational Inadequacy Note, Aaron J. Saiger
Disestablishing Local School Districts As A Remedy For Educational Inadequacy Note, Aaron J. Saiger
Faculty Scholarship
Most state constitutions recognize a right to education, but courts have been hard pressed to respond to violations of that right. Some state courts have imposed financial and substantive reforms, only to see their implementation miscarry as educational deficiencies stubbornly persist. Other state courts, fearing such outcomes, instead treat education claims as nonjusticiable political questions; in these states, public education is a right with no remedy. This Note argues that courts should instead base remedies on state statutes that permit states to disestablish-i.e., to withdraw authority from-deficient school districts. Disestablishment, like other structural remedies, is largely self-implementing and avoids judicial …
Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc Arkin
Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc Arkin
Faculty Scholarship
On August 20, 1789, Massachusetts Federalist Fisher Ames rose to address the House of Representatives in one of his rare contributions to the debate on the Bill of Rights. 1 The day before, sitting as a Committee of the Whole, the House had concluded its brief discussion of the proposed religion amendment to the federal Constitution by agreeing to New Hampshire Representative Samuel Livermore's formula that "Congress shall make no laws touching religion, or infringing the rights of conscience." 2 Now, on the 20th, before the House could formally adopt Livermore's language, Representative Ames proposed a different wording. He moved …
Restoring Americans' Privacy In Electronic Commerce Symposium - The Legal And Policy Framework For Global Electronic Commerce: A Progress Report, Joel R. Reidenberg
Restoring Americans' Privacy In Electronic Commerce Symposium - The Legal And Policy Framework For Global Electronic Commerce: A Progress Report, Joel R. Reidenberg
Faculty Scholarship
In the United States today, substance abusers have greater privacy than web users and privacy has become the critical issue for the development of electronic commerce. Yet, the U.S. government’s privacy policy relies on industry self-regulation rather than legal rights. This article argues that the theory of self-regulation has normative flaws and that public experience shows the failure of industry to implement fair information practices. Together the flawed theory and data scandals demonstrate the sophistry of U.S. policy. The article then examines the comprehensive legal rights approach to data protection that has been adopted by governments around the world, most …
Regina V. Bartle And The Commissioner Of Police For The Metropolis And Others Ex Parte Pinochet: Universal Jurisdiction And Sovereign Immunity For Jus Cogens Violations, Jodi Horowitz
Fordham International Law Journal
This Comment analyzes the recent House of Lords decision that did not recognize that universal jurisdiction existed over jus cogens crimes before the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Convention against Torture” or “Convention”) came into effect, and therefore did not consider Senator Pinochet's acts of torture committed prior to the existence of the Convention. Part I discusses the atrocities committed in Chile, and examines the legal doctrines applicable to prosecuting Senator Pinochet. In this light, Part I discusses the development of universal jurisdiction and its applicability to human rights violations. Part I also …
Some Thoughts On Restoration, Reintegration And Justice In The Transnational Context, Mark Andrew Sherman
Some Thoughts On Restoration, Reintegration And Justice In The Transnational Context, Mark Andrew Sherman
Fordham International Law Journal
This Essay argues that all actors – prosecutors, judges, and defense counsel – should care about what happens to foreign offenders following a judgment of conviction or entrance of a guilty plea, and that transnational correctional processes should be constructed and used to facilitate restoration of the victim and victimized community, and rehabilitation and reintegration of the offender. This is critical because, as in the domestic context, decisions about where and how foreign offenders are to be punished have much to do with whether justice is achieved for victims, affected communities, and offenders.
Models Of Securities Regulation In The United States, Arthur B. Laby
Models Of Securities Regulation In The United States, Arthur B. Laby
Fordham International Law Journal
Parts I and II discuss the regulation of advisers and brokers in the United States through first a historical and then a functional prism. Part III illustrates these two approaches by looking at one particular rule regulating investment advisers — the performance fee rule — which challenges the assumptions I am making about the regulation of advisers and brokers. Part IV discusses recent regulatory initiatives at the SEC in light of these two approaches.
Project Finance, Public Utilities, And Public Concerns: A Practitioner's Perspective, Nagla Nassar
Project Finance, Public Utilities, And Public Concerns: A Practitioner's Perspective, Nagla Nassar
Fordham International Law Journal
Because of the lack of competition regulation, certain contract provisions attempt to substitute for such vacuum. In an era when private ownership of infrastructure projects is gaining grounds, the need for elaborated competition regulation is more pressing than ever. Private ownership does not necessarily mean personal funding. The more common mode of funding involves a syndicate of banks, which brings a third competing interest to this type of transactions, rendering the need for competition law an essentiality to avoid confusion. The involved interests, while diversified, are not always conflicting. For instance, the continuity of public service is a major concern …
From World Trade Law To World Competition Law, Freidl Weiss
From World Trade Law To World Competition Law, Freidl Weiss
Fordham International Law Journal
The WTO has become the chosen forum for various trade-related additional policies and provisions such as Trade Related Environmental Measures (‘TREMS‘), TRIMS, TRIPS, and possibly in the future, competition and investment rules. The TRIPS, as is well known, owes its existence to trade-offs with DCs, which have still not been fully implemented. Future additional policies, if controversial, would need to be justified separately on economic grounds, or risk failure. Detailed multilateral competition rules will undoubtedly be adopted one day. I believe, however, that the time is not yet ripe for a comprehensive agreement, except perhaps on the most abstract of …
Resolving Conflicting International Data Privacy Rules In Cyberspace, Joel R. Reidenberg
Resolving Conflicting International Data Privacy Rules In Cyberspace, Joel R. Reidenberg
Faculty Scholarship
While core principles for the fair treatment of personal information are common to democracies, privacy rights vary considerably across national borders. This article explores the divergences in approach and substance of data privacy between Europe and the United States. It argues that the specific privacy rules adopted in a country have a governance function. The article shows that national differences support two distinct political choices for the roles in democratic society assigned to the state, the market and the individual: either liberal, market-based governance or socially-protective, rights-based governance. These structural divergences make international cooperation imperative for effective data protection in …
Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury
Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury
Faculty Scholarship
The Supreme Court increasingly has interpreted the Equal Protection Clause as a mandate for the state to treat citizens as if they were equal-as a limitation on the state's ability to draw distinctions on the basis of characteristics such as race and, to a lesser extent, gender. In the context of race, the Court has struck down not only race-specific policies designed to harm the historically oppressed, but race conscious policies designed to foster racial equality. Although in theory the Court has left open the possibility that benign uses of race may be constitutional under some set of facts, in …
Reviving The Public/Private Distinction In Feminist Theorizing Symposium On Unfinished Feminist Business, Tracy E. Higgins
Reviving The Public/Private Distinction In Feminist Theorizing Symposium On Unfinished Feminist Business, Tracy E. Higgins
Faculty Scholarship
The public/private distinction has been a target of thoroughgoing feminist critique for quite some time now. Indeed, attacking the public/private line has been one of the primary concerns (if not the primary concern) of feminist legal theorizing for over two decades. If Carole Pateman is correct, one would think that this particular problem might be assigned to the category of "finished business" by this time. In this Essay, I do argue that the critique is, in certain ways, finished business in that it is no longer particularly useful in its most common forms. More importantly, however, I suggest several ways …
Civil Society And Multiple Repositories Of Power Symposium On Legal And Constitutional Implications Of The Calls To Revive Civil Society: Ii. The Constitution Of Civil Society, Abner S. Greene
Faculty Scholarship
The primary goal of civil society revivalists is not the revival of civil society. It is the empowerment of otherwise alienated citizens. Reviving civil society is seen as the principal means to that end, but it is not the only means. To be sure, the revivalists focus their attention on participation in nongovernmental associations. But the ways of overcoming alienation are plural, and they include participation in government, participation in nongovernmental associations, and assertions of individual rights against various forms of collective will. In this brief essay, I first explain why only a pluralist understanding of human flourishing fits with …
Law Day 2050: Post-Professinalism, Moral Leadership, And The Law-As-Business Paradigm Symposium, Russell G. Pearce
Law Day 2050: Post-Professinalism, Moral Leadership, And The Law-As-Business Paradigm Symposium, Russell G. Pearce
Faculty Scholarship
Inspired by Ted Schneyer's future history of professional discipline' and Bob Gordon's descrption of "the hazy aspirational world" of the "Law Day Sermon,' I offer a vision of the legal profession 'a next fifty years in the form of a Law Day speech from the year 2050. Looking back on developments in the first half of the twenty-first century, this piece explores the implications of the analysis proposed in my earlier article, The Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve the Conduct and Reputation of the Bar. The speech presents a projection of the moral leadership the bar …