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Fordham Law School

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Tribute To Justice Stewart G. Pollock, A A Tribute To Justice Stewart G. Pollock, Howard M. Erichson Jan 1999

Tribute To Justice Stewart G. Pollock, A A Tribute To Justice Stewart G. Pollock, Howard M. Erichson

Faculty Scholarship

Stewart Pollock knows how to make a play. On his favorite kind of court - the kind with a net in the middle - he can set up the winning volley with a perfectly placed approach shot. On the court on which he served for the past twenty years, the New Jersey Supreme Court, Justice Pollock proved himself an equally gifted playmaker, earning a reputation as one who could forge consensus through judicial craftsmanship and common sense. Appellate judging is a team sport, though one would hardly know it by looking at recent United States Supreme Court cases, with all …


The Uniqueness Of Federal Prosecutors, Fred C. Zacharias, Bruce A. Green Jan 1999

The Uniqueness Of Federal Prosecutors, Fred C. Zacharias, Bruce A. Green

Faculty Scholarship

No abstract provided.


History Right?: Historical Scholarship, Original Understanding And Treaties As 'Supreme Law Of The Land, Martin S. Flaherty Jan 1999

History Right?: Historical Scholarship, Original Understanding And Treaties As 'Supreme Law Of The Land, Martin S. Flaherty

Faculty Scholarship

No abstract provided.


Vagueness-Chicago's Anti-Gang Loitering Ordinance, Thomas H. Lee Jan 1999

Vagueness-Chicago's Anti-Gang Loitering Ordinance, Thomas H. Lee

Faculty Scholarship

No abstract provided.


Collision Law In The Next Millennium, Joseph Sweeney Jan 1999

Collision Law In The Next Millennium, Joseph Sweeney

Faculty Scholarship

No abstract provided.


An Overview Of Commercial Salvage Principles In The Context Of Marine Archaeology, Joseph Sweeney Jan 1999

An Overview Of Commercial Salvage Principles In The Context Of Marine Archaeology, Joseph Sweeney

Faculty Scholarship

No abstract provided.


Concern For Cause: A Comment On The Twerski-Sebok Plan For Administering Negligent Marketing Claims Against Gun Manufacturers, Benjamin C. Zipursky, John Goldberg Jan 1999

Concern For Cause: A Comment On The Twerski-Sebok Plan For Administering Negligent Marketing Claims Against Gun Manufacturers, Benjamin C. Zipursky, John Goldberg

Faculty Scholarship

No abstract provided.


Reflections On Monell’S Analysis Of The Legislative History Of §1983, Robert J. Kaczorowski Jan 1999

Reflections On Monell’S Analysis Of The Legislative History Of §1983, Robert J. Kaczorowski

Faculty Scholarship

No abstract provided.


Owning The Law: Intellectual Property Rights In Primary Law, Deborah Tussey Oct 1998

Owning The Law: Intellectual Property Rights In Primary Law, Deborah Tussey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Challenging Defamatory Opinions As An Alternative To Media Self-Regulation, James F. Ponsoldt Oct 1998

Challenging Defamatory Opinions As An Alternative To Media Self-Regulation, James F. Ponsoldt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


An Economic Analysis Of Property Rights In Information: Justifications And Problems Of Exclusive Rights, Incentives To Generate Information, And The Alternative Of A Government-Run Reward System, Steve P. Calandrillo Oct 1998

An Economic Analysis Of Property Rights In Information: Justifications And Problems Of Exclusive Rights, Incentives To Generate Information, And The Alternative Of A Government-Run Reward System, Steve P. Calandrillo

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Intractable Consent: A Legislative Solution To The Problem Of The Aging Consent Decrees In United States V. Ascap And United States V. Bmi , Noel L. Hillman Mar 1998

Intractable Consent: A Legislative Solution To The Problem Of The Aging Consent Decrees In United States V. Ascap And United States V. Bmi , Noel L. Hillman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Just Click Here: Article 2b’S Failure To Guarantee Adequate Manifestation Of Assent In Click-Wrap Contracts, Zachary M. Harrison Mar 1998

Just Click Here: Article 2b’S Failure To Guarantee Adequate Manifestation Of Assent In Click-Wrap Contracts, Zachary M. Harrison

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Art & Atrocity: Cultural Depravity Justifies Cultural Deprivation, Jack Achiezer Guggenheim Mar 1998

Art & Atrocity: Cultural Depravity Justifies Cultural Deprivation, Jack Achiezer Guggenheim

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Feist Applied: Imagination Protects, But Perspiration Persists—The Bases Of Copyright Protection For Factual Compilations, Denise R. Polivy Mar 1998

Feist Applied: Imagination Protects, But Perspiration Persists—The Bases Of Copyright Protection For Factual Compilations, Denise R. Polivy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Joint And Several Liability And Environmental Harm In The 1990'S, M. Stuart Madden Jan 1998

Joint And Several Liability And Environmental Harm In The 1990'S, M. Stuart Madden

Fordham Environmental Law Review

No abstract provided.


The Greening Of New Jersey's "Brownfields"-As Viewed By The Department Of Environmental Protection, Phyllis E. Bross, Susan B. Boyle Jan 1998

The Greening Of New Jersey's "Brownfields"-As Viewed By The Department Of Environmental Protection, Phyllis E. Bross, Susan B. Boyle

Fordham Environmental Law Review

No abstract provided.


Dangerous Crossing: State Brownfields Recycling And Federal Enterprise Zoning, Michael Allan Wolf Jan 1998

Dangerous Crossing: State Brownfields Recycling And Federal Enterprise Zoning, Michael Allan Wolf

Fordham Environmental Law Review

No abstract provided.


An Examination Of Mexico And The Unreasonable Goals Of The United Nations Conference On Environment And Development (Unced), Jeanine E. Dames Jan 1998

An Examination Of Mexico And The Unreasonable Goals Of The United Nations Conference On Environment And Development (Unced), Jeanine E. Dames

Fordham Environmental Law Review

No abstract provided.


An International Market For Transferable Gas Emission Permits To Promote Climate Change, Clare Langley-Hawthorne Jan 1998

An International Market For Transferable Gas Emission Permits To Promote Climate Change, Clare Langley-Hawthorne

Fordham Environmental Law Review

No abstract provided.


The U.S. Epa 40 C.F.R. Part 258 Financial Test/Corporate Guarantee-New Environmentally Protective, Cost-Effective Mechanisms For The Demostration Of Financial Responsibility, John H. Turner Jan 1998

The U.S. Epa 40 C.F.R. Part 258 Financial Test/Corporate Guarantee-New Environmentally Protective, Cost-Effective Mechanisms For The Demostration Of Financial Responsibility, John H. Turner

Fordham Environmental Law Review

No abstract provided.


The Protection And Promotion Of E-Commerce: Should There Be A Global Regulatory Scheme For Digital Signatures?, Sanu K. Thomas Jan 1998

The Protection And Promotion Of E-Commerce: Should There Be A Global Regulatory Scheme For Digital Signatures?, Sanu K. Thomas

Fordham International Law Journal

This Note addresses the issue of whether all nations should enact a uniform global legal scheme governing digital signatures for the purpose of promoting E-Commerce. Part I of this Note describes digital signatures and considers their different functions. Part I also discusses E-Commerce and the application of digital signatures to E-Commerce. Further, Part I briefly examines the major legal schemes set up by organizations, states, nations, and international bodies. Part II analyzes arguments for and against global digital signature laws in order to facilitate E-Commerce. Part III argues that nations should adopt a global digital signature legal scheme in order …


Lawyer Discipline: Conscientious Noncompliance, Conscious Avoidance, And Prosecutorial Discretion, Bruce A. Green Jan 1998

Lawyer Discipline: Conscientious Noncompliance, Conscious Avoidance, And Prosecutorial Discretion, Bruce A. Green

Fordham Law Review

No abstract provided.


Hail, Hail, The Gangs Are All Here: Why New York Should Adopt A Comprehensive Anti-Gang Statute, Bart H. Rubin Jan 1998

Hail, Hail, The Gangs Are All Here: Why New York Should Adopt A Comprehensive Anti-Gang Statute, Bart H. Rubin

Fordham Law Review

No abstract provided.


The Americans With Disabilities Act And State Prisons: A Question Of Statutory Interpretation, Emily Alexander Jan 1998

The Americans With Disabilities Act And State Prisons: A Question Of Statutory Interpretation, Emily Alexander

Fordham Law Review

No abstract provided.


What Congress Said About The Heightened Pleading Standard: A Proposed Solution To The Securities Fraud Pleading Confusion, Patricia J. Meyer Jan 1998

What Congress Said About The Heightened Pleading Standard: A Proposed Solution To The Securities Fraud Pleading Confusion, Patricia J. Meyer

Fordham Law Review

No abstract provided.


The University's Liability For Professor-Student Sexual Harassment Under Title Ix, Henry Seiji Newman Jan 1998

The University's Liability For Professor-Student Sexual Harassment Under Title Ix, Henry Seiji Newman

Fordham Law Review

No abstract provided.


Prospects For The Respect And Promotion Of Internationally Recognized Sustainable Development Practices: A Case Study Of The World Bank Environmental Guidelines And Procedures, Melanne Andromecca Civic Jan 1998

Prospects For The Respect And Promotion Of Internationally Recognized Sustainable Development Practices: A Case Study Of The World Bank Environmental Guidelines And Procedures, Melanne Andromecca Civic

Fordham Environmental Law Review

No abstract provided.


Junk Science - The Lawyer's Ethical Responsibilities, Dick Thornburgh Jan 1998

Junk Science - The Lawyer's Ethical Responsibilities, Dick Thornburgh

Fordham Urban Law Journal

This article argues that many judges lack the capacity to distinguish between experts witnesses who make use of rigorous scientific research and those who rely on "junk science" - conclusions based on insufficient research. It notes that judicial standards for admissibility of expert testimony are not sufficient to prevent the introduction of junk science in to the courtroom. It concludes with a suggestion for a more rigorous process for vetting scientific evidence that is admitted in court.


Walking A Tightrope: Redrawing Congressional District Lines After Shaw V. Reno And Its Progeny, Donovan L. Wickline Jan 1998

Walking A Tightrope: Redrawing Congressional District Lines After Shaw V. Reno And Its Progeny, Donovan L. Wickline

Fordham Urban Law Journal

The Supreme Court's decision in Shaw V. Reno forbade the drawing of congressional district lines so that minorities would make up a larger percentage of the voting population. This note explores the tension between this ruling and the section of the Voting Rights Act requiring that minorities be fully represented within their congressional districts. It argues that the two rulings do not necessarily conflict. It concludes that the Court should clarify the meaning and role of "compactness" in redistricting and provide guideposts for legislators litigants, and courts involved in the reapportionment process.