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Articles 6391 - 6420 of 8594
Full-Text Articles in Entire DC Network
Workfare Wages Under The Fair Labor Standards Act, Walter M. Luers
Workfare Wages Under The Fair Labor Standards Act, Walter M. Luers
Fordham Law Review
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The Lawyer As Agent, Deborah A. Demott
Rule 11 And The Profession, Georgene Vairo
Legal Malpractice And The Structure Of Negligence Law, Benjamin C. Zipursky
Legal Malpractice And The Structure Of Negligence Law, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
The Ethical Worlds Of Large-Firm Litigators: Preliminary Observations, Robert W. Gordon
The Ethical Worlds Of Large-Firm Litigators: Preliminary Observations, Robert W. Gordon
Fordham Law Review
No abstract provided.
Ambivalence, Contradiction, And Ambiguity: The Everyday Ethics Of Defense Litigators, Carla Messikomer
Ambivalence, Contradiction, And Ambiguity: The Everyday Ethics Of Defense Litigators, Carla Messikomer
Fordham Law Review
No abstract provided.
Enactments Of Professionalism: A Study Of Judges' And Lawyers' Accounts Of Ethics Civility In Litigation, Austin Sarat
Enactments Of Professionalism: A Study Of Judges' And Lawyers' Accounts Of Ethics Civility In Litigation, Austin Sarat
Fordham Law Review
No abstract provided.
Trademark Regulations And The Commercial Speech Doctrine: Focusing On The Regulatory Objective To Classify Speech For First Amendment Analysis, John V. Tait
Fordham Law Review
No abstract provided.
Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr.
Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr.
Fordham Law Review
No abstract provided.
A Requiem For Blockbusting: Law, Economics, And Race-Based Real Estate Speculation, Dmitri Mehlhorn
A Requiem For Blockbusting: Law, Economics, And Race-Based Real Estate Speculation, Dmitri Mehlhorn
Fordham Law Review
No abstract provided.
Conflicts Of Interest In Scientific Expert Testimony, Mark R. Patterson
Conflicts Of Interest In Scientific Expert Testimony, Mark R. Patterson
Faculty Scholarship
Conflicts of interest have significant implications for the reliability of scientific expert testimony. However, the courts' treatment of conflicts is not always in accord either with the treatment of conflicts in scientific practice or with the particular problems that scientists' conflicts present in court. In response, this Article proposes two basic changes in the treatment of scientific expert testimony. First, courts should strive to separate issues of bias from issues of scientific validity-the two sets of issues are now conflated at times. Second, courts should pay more attention to biases of scientists who perform the research underlying expert testimony, whereas …
Informed Consent In Mediation: A Guiding Principle For Truly Educated Decisionmaking , Jacqueline Nolan-Haley
Informed Consent In Mediation: A Guiding Principle For Truly Educated Decisionmaking , Jacqueline Nolan-Haley
Faculty Scholarship
Informed consent has a central role to play in mediation. Without it, mediation's promises of autonomy and self-determination are empty. This Article has given the theoretical and policy justifications for a reform of mediation practice that honors the principle of informed consent. I have argued for a contextualized approach that takes into account mediation's location, the voluntariness of the parties' consent, and their representational status. This kind of analysis will lead to a more informed practice of mediation decisionmaking than exists currently and provide a perspective that can more prudently guide a mediator's conduct. The proposed approach promotes greater fairness …
Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan
Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan
Faculty Scholarship
This inquiry, a comprehensive historical study of the impact of nuisance law on labor picketing in England, comprises six sections. Part I introduces general principles of labor law and nuisance law in the nineteenth century, particularly the legislative scheme of "collective laissezfaire" that emerged after 1871 and remained relatively intact until 1980. Part II examines the use of nuisance doctrines against picketers in the first phase of confrontational picketing from 1889 to 1906, when the appearance of militant unions representing unskilled workers stimulated inventive judicial responses in both private and public nuisance. Part III investigates the much heralded judicial and …
Lawyering In The State Of Nature: Instinct And Automaticity In Legal Problem Solving , Ian Weinstein
Lawyering In The State Of Nature: Instinct And Automaticity In Legal Problem Solving , Ian Weinstein
Faculty Scholarship
This article explains why lawyers do not think or talk like other people, how they got this way, and why this is both a good thing and a bad thing. I have watched hundreds of law students leave their old ways of thinking and talking behind and begin to sound like lawyers. One marker of the progress from lay person to lawyer is the emergence of the ability to tell a coherent fact and law story about a new legal problem. I have sometimes celebrated this professional progress and sometimes lamented the loss of common sense, but my lawyerly analysis …
Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause Note, Zephyr Teachout
Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause Note, Zephyr Teachout
Faculty Scholarship
The Offenses Clause of the United States Constitution gives Congress the authority to "define and punish... Offences against the Law of Nations." This Note considers whether Congress must conform to the jurisdictional rules of customary international law when legislating pursuant to the Offenses Clause.
Foreword: Should The Family Be Represented As An Entity?: Reexamining The Family Values Of Legal Ethics, Russell G. Pearce
Foreword: Should The Family Be Represented As An Entity?: Reexamining The Family Values Of Legal Ethics, Russell G. Pearce
Faculty Scholarship
No abstract provided.
Tax Expenditure Analysis And Constitutional Decisions , Linda Sugin
Tax Expenditure Analysis And Constitutional Decisions , Linda Sugin
Faculty Scholarship
This article looks at the significance of the similarities and differences between tax benefits and direct spending for purposes of the equal protection and establishment clauses, with a particular focus on the charitable contribution deduction. Because economic equivalence is not critical under these constitutional provisions, tax expenditure analysis is not relevant to the legal analysis. While this article deals only briefly with numerous provisions of the Code and analyzes only two constitutional provisions, it provides a model for considering the constitutionality of any tax provision.
Trademark Law And Parallel Imports In A Globalized World--Recent Developments In Europe With Special Regard To The Legal Situation In The United States, Carl Baudenbacher
Trademark Law And Parallel Imports In A Globalized World--Recent Developments In Europe With Special Regard To The Legal Situation In The United States, Carl Baudenbacher
Fordham International Law Journal
This Article discusses the historic course of recent events insofar as it first describes the Maglite decision of the European Free Trade Association Court. Second, it summarizes the opinion of the Advocate General and the judgment of the Court of Justice of the European Com- munities in the Silhouette case. Part III focuses on the development of the law in the European Union ("EU") and European Economic Area ("EEA") Member States, as well as in the EU and in the EEA before Silhouette and Maglite. In Part IV, comments are made with regard to the reasons given in Maglite …
Transparency- Not Just A Vogue Word, Bo Vesterdorf
Transparency- Not Just A Vogue Word, Bo Vesterdorf
Fordham International Law Journal
I therefore intend to focus my attention on transparency issues as they relate to the decision-making process and leave out those issues relating to the legislative process. Moreover, I shall restrict myself to examining a few selected issues concerning the topic and shall base my examination principally on some of the more recent judgments of the Court of First Instance and the Court of Justice of the European Communities (together, “Community Courts”).
Beyond The "Band-Aid" Approach: An Alliance Party Perspective Upon The Belfast Agreement, Stephen Farry, Sean Neeson
Beyond The "Band-Aid" Approach: An Alliance Party Perspective Upon The Belfast Agreement, Stephen Farry, Sean Neeson
Fordham International Law Journal
In the absence of a ready-made solution that could be adopted by the people of Northern Ireland, or a magical formula from the British and Irish Governments, the only alternative lay in locally-mandated political parties negotiating a political agreement. This alternative in turn entailed a common recognition that the zero-sum politics of "winner takes all" ultimately leaves everyone a loser. An accommodation, while requiring each party to sacrifice some of its aspirations, stood to benefit Northern Ireland society as a whole.
Peace Agreement - Or Last Piece In A Sellout Agreement?, Ian Paisley
Peace Agreement - Or Last Piece In A Sellout Agreement?, Ian Paisley
Fordham International Law Journal
Indeed, it is the distress caused by the content of the Agreement that has provoked such widespread alarm and division within Unionism. The proposals contained in the Agreement are not remarkably new in content, but they now have the endorsement of those who were previously opposed to such mechanisms that will fundamentally undermine the status of Northern Ireland within the Union and impose a system of government so alien that it is far removed from any known concept of democracy and fairness. According to the author's copy of the Mitchell draft, the UUP lost out on the number of seats …
Constitutionalism And Change: Representation, Governance, And Participation In The New Northern Ireland, John Morison
Constitutionalism And Change: Representation, Governance, And Participation In The New Northern Ireland, John Morison
Fordham International Law Journal
This Essay assesses the achievement of restoring representative government and also considers whether this is enough given the changes that have occurred since last there was devolved government in Northern Ireland. Finally, it examines those aspects of the Agreement that can be developed in line with a view that the constitution should now be seen much less as a structure of rule than a framework for rule within the wider task of democratizing democracy in the new Northern Ireland.
External Relations Powers Of The European Community, Jacques H.J. Bourgeois
External Relations Powers Of The European Community, Jacques H.J. Bourgeois
Fordham International Law Journal
As a result both of the way in which the external relations powers of the European Community (“EC” or “Community”) have been organized by the Treaty establishing the European Community (“EC Treaty”) and of the interpretation by the Court of Justice of the European Communities (“ECJ”), an analysis of the evolution of the external relations powers requires distinguishing between powers relating to foreign trade in the strict sense of the terms, i.e., “common commercial policy” under Article 113 of the EC Treaty, and other external relations powers both express and implied. The subject of this contribution is the external relations …
Life Before The Modern Sex Offender Statutes , Deborah W. Denno
Life Before The Modern Sex Offender Statutes , Deborah W. Denno
Faculty Scholarship
This Article examines the social and legal developments that fueled the origins and recurring problems of sex offender laws. Part I of this Article discusses the primary precursors of the sexual psychopath statutes that encouraged the public's and politicians' acceptance of the concept of sexual psychopathy: the increasing sexualization of American society, changes in gender roles and relations, the valuation of children and the family unit, and the influx of psychiatry. Part II describes how the diagnosis of sexual psychopathy slowly developed as a result of the criminal justice system's growing tendency to explain criminal behavior in psychoanalytic terms. Part …
Rights, Wrongs, And Recourse In The Law Of Torts, Benjamin C. Zipursky
Rights, Wrongs, And Recourse In The Law Of Torts, Benjamin C. Zipursky
Faculty Scholarship
No abstract provided.
The Moral Of Macpherson, John C.P. Goldberg, Benjamin C. Zipursky
The Moral Of Macpherson, John C.P. Goldberg, Benjamin C. Zipursky
Faculty Scholarship
No abstract provided.
Trademark Prosecution In The Patent And Trademark Office And Litigation In The Trademark Trial And Appeal Board, David W. Ehrlich, Richard A. Friedman, Donna L. Mirman, T. Jeffrey Quinn
Trademark Prosecution In The Patent And Trademark Office And Litigation In The Trademark Trial And Appeal Board, David W. Ehrlich, Richard A. Friedman, Donna L. Mirman, T. Jeffrey Quinn
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Restricting Speech On The Internet: Finding An Appropriate Regulatory Framework, Andrew B. Sims, Parry Aftab, Lisa M. Fantino, Richard A. Kurnit
Restricting Speech On The Internet: Finding An Appropriate Regulatory Framework, Andrew B. Sims, Parry Aftab, Lisa M. Fantino, Richard A. Kurnit
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines include: Burma Week At Fordham
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines include: Burma Week At Fordham