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Articles 6331 - 6360 of 8594
Full-Text Articles in Entire DC Network
Forward: Is There A Threat To Judicial Independence In The United States Today?, Maria L. Marcus
Forward: Is There A Threat To Judicial Independence In The United States Today?, Maria L. Marcus
Fordham Urban Law Journal
This foreword gives a brief background on the panel discussion to ensue, which illustrates the dilemma surrounding the external pressure public criticism places on judges and how it affects judicial independence.
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
Fordham Urban Law Journal
This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development, and concludes by advocating the need for more comprehensive federal legislation on land use. Part I provides a historical development of land use policies and laws. Part II describes patterns of urban and suburban growth and their consequences, such as the decline of the viability of cities and the loss of agricultural land. Part III discusses the government's spending on infrastructure and the results of …
The Power And The Process: Instructions And The Civil Jury, Elizabeth G. Thornburg
The Power And The Process: Instructions And The Civil Jury, Elizabeth G. Thornburg
Fordham Law Review
No abstract provided.
Human Embryo Experimentation: Regulation And Relative Rights, Christine L. Feiler
Human Embryo Experimentation: Regulation And Relative Rights, Christine L. Feiler
Fordham Law Review
No abstract provided.
Legal-Ware: Contract And Copyright In The Digital Age, Michael J. Madison
Legal-Ware: Contract And Copyright In The Digital Age, Michael J. Madison
Fordham Law Review
No abstract provided.
"Reasonable Accommodation" Under The Federal Fair Housing Amendments Act, Robert L. Schonfeld
"Reasonable Accommodation" Under The Federal Fair Housing Amendments Act, Robert L. Schonfeld
Fordham Urban Law Journal
This article reviews the legislative history and case law of the Fair Housing Act. It reviews the elements of a claim for reasonable accommodations for persons with disabilities under the FHA. It argues that some courts have incorrectly interpreted the statute restrictively defying the intentions of the drafters of the statute.
Protecting Property Rights With Strict Scrutiny: An Argument For The "Specifically And Uniquely Attributable" Standard , Daniel Williams Russo
Protecting Property Rights With Strict Scrutiny: An Argument For The "Specifically And Uniquely Attributable" Standard , Daniel Williams Russo
Fordham Urban Law Journal
This article analyzes three levels of scrutiny states have applied to regulatory takings cases. These include 'judicial deterrence", "rational nexus", and "specifically and uniquely attributable". The author argues that the first two standards are inefficient and concludes in favor of the "specifically and uniquely attributable" standard.
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
Fordham Urban Law Journal
This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development, and concludes by advocating the need for more comprehensive federal legislation on land use. Part I provides a historical development of land use policies and laws. Part II describes patterns of urban and suburban growth and their consequences, such as the decline of the viability of cities and the loss of agricultural land. Part III discusses the government's spending on infrastructure and the results of …
Is There A Threat To Judicial Independence In The United States Today? Roundtable Discussion, Roundtable Discussion
Is There A Threat To Judicial Independence In The United States Today? Roundtable Discussion, Roundtable Discussion
Fordham Urban Law Journal
This roundtable discussion poses the question of whether there is a threat to judicial independence in the United States today and, if so, what it is, to a panel of five judges composed of Honorable William H. Walls, Honorable Edward R. Becker, Honorable Morton I. Greenberg, Honorable Jan E. DuBois, and Honorable Stanley Sporkin. Some discuss what they consider the great stall by a partisan majority Senate to confirm judicial nominations, while others argue they have encountered no threat to their judicial independence, which allows for unpopular decisions to be made. Another concern discussed is that for state judges that …
New Initiatives, Hedi H. Reynolds
New Initiatives, Hedi H. Reynolds
Fordham Journal of Corporate & Financial Law
No abstract provided.
New Rules And Regulations, Constantine N. Katsoris, Richard Lindsey, Robert Mcsweeney, Eugene Lopez, Yusif Simaan, Edward Fleishmann
New Rules And Regulations, Constantine N. Katsoris, Richard Lindsey, Robert Mcsweeney, Eugene Lopez, Yusif Simaan, Edward Fleishmann
Fordham Journal of Corporate & Financial Law
No abstract provided.
The "Power Of Appraisal" (Pouvoir D'Appreciation) Of The Commission Of The European Communities Vis-À-Vis The Powers Of Judicial Review Of The Communities' Court Of Justice And Court Of First Instance, Virpi Tiili, Jan Vanhamme
The "Power Of Appraisal" (Pouvoir D'Appreciation) Of The Commission Of The European Communities Vis-À-Vis The Powers Of Judicial Review Of The Communities' Court Of Justice And Court Of First Instance, Virpi Tiili, Jan Vanhamme
Fordham International Law Journal
It is, therefore, clear that the Courts must test the soundness of the Commission's appraisals. This means, however, that judges are obliged to examine the administrative file, thereby inevitably bringing themselves intellectually close to building their own bridge from the facts, via the legal framework of the case, to a legal outcome in casu. In some instances, it may prove almost impossible to disguise the conflict between the Court’s and the Commission's assessments in the judgment, especially if annulment or damages is the outcome of the case. It is in this regard that an appropriate balance must be found between …
The Criminal Cases Review Commission's Effectiveness In Handling Cases From Northern Ireland, Siobhan M. Keegan
The Criminal Cases Review Commission's Effectiveness In Handling Cases From Northern Ireland, Siobhan M. Keegan
Fordham International Law Journal
This Comment considers the Northern Ireland Criminal Cases Review Commission (CCRC), its establishment, and its likely effects on miscarriages of justice. Part I of this Comment considers British and Northern Irish law. Part I also highlights British law leading up to the creation of the CCRC and Northern Irish law in light of its unique elements. Part II explains the establishment of the CCRC, its powers, and structure. Additionally, Part II discusses various commentary on the creation of the CCRC. Part III analyzes the future effectiveness of the CCRC in correcting miscarriages of justice, paying particular attention to the case …
Transfer Of Technology In The Contemporary International Order, Chantal Thomas
Transfer Of Technology In The Contemporary International Order, Chantal Thomas
Fordham International Law Journal
This Essay begins by describing the technology transfer needs arising from both international economic integration and related international law. The Essay then examines the existing international rules for technology transfer and finds them insufficient to address these needs. The goal of this Essay is to advocate the formulation of a viable international legal framework for technology transfer.
The Nature Of The Agreement, Brendan O'Leary
The Nature Of The Agreement, Brendan O'Leary
Fordham International Law Journal
This article contains the Ninth John Whyte Memorial Lecture which discusses the Multi-Party Negotiations, also known as the British-Irish agreement, which aimed to formalize the end of “The Troubles” in Ireland.
The Discovery Process As A Circle Of Blame: Institutional, Professional, And Socio-Economic Factors That Contribute To Unreasonable, Inefficient, And Amoral Behavior In Corporate Litigation, Robert L. Nelson
Fordham Law Review
No abstract provided.
The Intersection Of Free Speech And The Legal Profession: Constraints On Lawyers' First Amendment Rights, Kathleen M. Sullivan
The Intersection Of Free Speech And The Legal Profession: Constraints On Lawyers' First Amendment Rights, Kathleen M. Sullivan
Fordham Law Review
No abstract provided.
Muslims And Accessible Jurisprudence In Liberal Democracies: A Response To Edward B. Foley's Jurisprudence And Theology, Khaled Abou El Fadl
Muslims And Accessible Jurisprudence In Liberal Democracies: A Response To Edward B. Foley's Jurisprudence And Theology, Khaled Abou El Fadl
Fordham Law Review
No abstract provided.
The Vestigial Constitution: The History And Significance Of The Right To Petition., Gregory A. Mark
The Vestigial Constitution: The History And Significance Of The Right To Petition., Gregory A. Mark
Fordham Law Review
No abstract provided.
Master Of Puppets: How Japan's Ministry Of Finance Orchestrates Its Own Reformation, Gregory D. Ruback
Master Of Puppets: How Japan's Ministry Of Finance Orchestrates Its Own Reformation, Gregory D. Ruback
Fordham International Law Journal
This Comment analyzes Japan's effort to create a competitive securities market that is free, transparent, and reliable. Part I describes Japan's regulatory environment, emphasizing the power and authority of the Ministry and its influence within the Japanese government and over the securities industry. Part II details elements of the Big Bang reforms and describes the current political situation that will influence the effectiveness of the reforms. Part III addresses the probable effectiveness of the reforms in the context of Japan's regulatory structure, past scandals and reforms, and current political environment. Finally, this Comment argues that the Ministry has the ability …
A Prospective Enlargement Of The Roles Of The Bretton Woods Financial Institutions In International Peace Operations, John D. Ciorciari
A Prospective Enlargement Of The Roles Of The Bretton Woods Financial Institutions In International Peace Operations, John D. Ciorciari
Fordham International Law Journal
This Article reviews the principal means of IFI peace-building and offers several proposals to enhance the effectiveness of those means. Focusing primarily on the World Bank Group and the IMF, this Article posits that profound changes are necessary if the Bretton Woods institutions are to realize their potential as leaders in the international peace process. Part I of this Article provides a brief historical account of the Bretton Woods institutions and discusses relevant provisions in their charters, elucidating the factors that have traditionally prevented IFI participation in peace operations. Part II describes and reviews IFI post-conflict reconstruction programs in the …
Human Rights And Economic Sanctions: The New Imperialism, Christopher Wall
Human Rights And Economic Sanctions: The New Imperialism, Christopher Wall
Fordham International Law Journal
The point of this Essay is to examine the role of economic sanctions, particularly those taken unilaterally by the United States, in influencing the development of human rights policies worldwide. In some cases those unilateral sanctions are imposed without considering cultural differences behind the human rights themselves. In other instances, the United States fails to consider the effectiveness of those sanctions. In still other situations, the United States fails to realize important self-determination issues or the idea of participating in the broader international community. In all cases, the United States, in its role as international arbiter of human rights, needs …
The Belfast Agreement, Duncan Shipley-Dalton
The Belfast Agreement, Duncan Shipley-Dalton
Fordham International Law Journal
The Belfast Agreement (or "Agreement"), to give it its proper name, reached at Stormont on Good Friday 1998, is an important document of Irish history. It is certainly a political text, but it has important legal effects. And these I wish to emphasize. As a member of the Ulster Unionist Party ("UUP") - elected later to the Northern Ireland Assembly - I accepted the Agreement on April 10 as the best opportunity for the return of power to all the people of Northern Ireland. At the time of writing (early March 1999), the major issue remains the decommissioning of Irish …
Dash For Agreement: Temporary Accommodation Or Lasting Settlement?, Dennis Kennedy
Dash For Agreement: Temporary Accommodation Or Lasting Settlement?, Dennis Kennedy
Fordham International Law Journal
The same dilemma remains for those in Northern Ireland today who genuinely want peace, reconciliation, and stability, but who at the same time see in what is termed the peace process, if not deceit, then much glossing over, a lot of ambiguity, and a deal of bad history. In 1921 the new institutions in Northern Ireland, the regional government and Parliament began life under the fiercest onslaught from Irish nationalism, both within its own boundaries and from the rest of the island. It was also critical of the early peace process under which John Hume of the SDLP had commenced …
Orchestrating Transatlantic Approaches To Personal Data Protection: A European Perspective, Graham Pearce, Nicholas Platten
Orchestrating Transatlantic Approaches To Personal Data Protection: A European Perspective, Graham Pearce, Nicholas Platten
Fordham International Law Journal
The purpose of this Essay is to examine current EU and U.S. approaches to data protection in the context of the debate about transborder data flows. Part I begins by outlining the EU approach and the criteria governing data transfers to third countries. Part II examines the scope for self-regulation by organizations to safeguard personal data. Part III reviews the main features of the U.S. model of data protection. Then Part IV critically examines several recent U.S. initiatives to enhance privacy in the light of the EU criteria. This Essay concludes by assessing the potential for reconciling the discontinuities between …
The Impact Of The Amsterdam Treaty Upon The Court Of Justice, Ole Due
The Impact Of The Amsterdam Treaty Upon The Court Of Justice, Ole Due
Fordham International Law Journal
The Intergovernmental Conference leading up to the adoption of the Maastricht Treaty was probably the first during which the case law of the Court of Justice formed a topic of discussion. The result of this discussion was certainly positive in relation to the new Treaty's general rules. But, clearly, criticism had also been voiced during the discussion. This criticism can be seen from two protocols to the Treaty, both drawn up as unfortunate reactions to specific rulings. It is important that the establishment of a closer cooperation between some Member States does not permit them to escape from the rules …
An Appraisal Of The Treaty Of Amsterdam From The Perspective Of A Member Of The European Parliament, Laurens Jan Brinkhorst
An Appraisal Of The Treaty Of Amsterdam From The Perspective Of A Member Of The European Parliament, Laurens Jan Brinkhorst
Fordham International Law Journal
When one has such learned predecessors, representing the two powerful institutions, who give such a balanced view of the Treaty of Amsterdam (or “Amsterdam Treaty”), what more can a simple parliamentarian say? I think my first comment would be, Amsterdam--yes, the worst has been avoided. I think that this comment is an honest compliment to the efforts of my predecessors during the Intergovernmental Conference (“IGC”). The outcome could have been much worse.
Subsidiarity And Transparency, Christian Timmermans
Subsidiarity And Transparency, Christian Timmermans
Fordham International Law Journal
Subsidiarity and transparency are entirely different concepts. … However different, both concepts are twins in the continuing quest of the Framers of European integration to increase the legitimacy of Community decision-making vis-à-vis the citizens. Indeed, there always has been, and there still is a very serious problem of lack of legitimacy. … Increasing the powers of the European Parliament is not sufficient to bridge this legitimacy gap, although the Maastricht Treaty did make progress in that respect, for instance, by introducing the co-decision procedure. The problem is much vaster. At any rate, the negative experiences of the ratification discussions on …
The European Union In International Affairs: Recent Developments, Hugo Paemen
The European Union In International Affairs: Recent Developments, Hugo Paemen
Fordham International Law Journal
I have been invited to discuss the changing role of the European Union (or “EU”) in the world today. Let me start by highlighting some random examples of EU action in international affairs during 1997. As Europe continues to integrate domestically, it will be forced to reassess the image that it projects in the world. As it does so, institutional reform will become even more compelling if the European Union is to conduct the coherent external policy that most people in the world expect of it. Some had hoped that last the June 1997 Summit in Amsterdam would at least …
Ec Competition System -- Proposals For Reform, Alexander Schaub
Ec Competition System -- Proposals For Reform, Alexander Schaub
Fordham International Law Journal
At last year's Fordham Corporate Law Institute, under the heading "The Millennium Approaches," I spoke about the challenges that European Community ("EC" or "Community") competition law is facing or will face in the near future. I came to the conclusion that the time has come for a re-examination and modernization of our rules, in particular the implementing and procedural legislation. I reached this conclusion based upon three reasons.