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Articles 6511 - 6540 of 8594
Full-Text Articles in Entire DC Network
Sense And Nonsense About Customary International Law: A Response To Professors Bradley And Goldsmith, Gerald L. Neuman
Sense And Nonsense About Customary International Law: A Response To Professors Bradley And Goldsmith, Gerald L. Neuman
Fordham Law Review
No abstract provided.
Current Illegitimacy Of International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith, Iii
Current Illegitimacy Of International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith, Iii
Fordham Law Review
No abstract provided.
The States And International Human Rights, Peter J. Spiro
The States And International Human Rights, Peter J. Spiro
Fordham Law Review
No abstract provided.
Common Law Theories Of Liability In Derivatives Litigation, Aaron Rubinstein
Common Law Theories Of Liability In Derivatives Litigation, Aaron Rubinstein
Fordham Law Review
No abstract provided.
Physician Date Banks: The Public's Right To Know Versus The Physician's Right To Privacy, Julie Barker Pape
Physician Date Banks: The Public's Right To Know Versus The Physician's Right To Privacy, Julie Barker Pape
Fordham Law Review
No abstract provided.
Interjurisdictional Preclusion, Howard M. Erichson
Interjurisdictional Preclusion, Howard M. Erichson
Faculty Scholarship
Res judicata is hard enough already. Consider it at the interjurisdictional level, and we are asking for headaches. But consider it at that level we must, because litigation trends make interjurisdictional preclusion1 more important than ever. Lawyers, judges, litigants, and other litigation participants increasingly must contemplate the possibility that a lawsuit will have claim-preclusive or issue-preclusive effect in a subsequent suit in another jurisdiction. This article examines the problem of interjurisdictional preclusion, and, in particular, the problem of choice of preclusion law. Choice of-preclusion law cannot be appreciated in the abstract, but rather must be considered in light of litigation …
Sexuality, Rape, And Mental Retardation, Deborah W. Denno
Sexuality, Rape, And Mental Retardation, Deborah W. Denno
Faculty Scholarship
In this article, Professor Denno addresses the question of when sexual relations with a mentally retarded individual should be considered nonconsensual and therefore criminal. The article first explores the early treatment of mental retardation. It next demonstrates how old stereotypes influence the moralism inherent in modern conceptions of consent in rape determinations. Illustrating the point with reference to the Glen Ridge rape case, the article shows how courts applying contemporary rape statutes typically hold mentally retarded individuals to a higher standard of consent than nonretarded individuals. As a result, courts are hurting the very people they are supposed to protect …
Neighborhood Legal Services As House Counsel To Community-Based Efforts To Achieve Economic Justice: The East Brooklyn Experience, Brian Glick
Faculty Scholarship
No abstract provided.
Statutory Findings And Insider Trading Regulation, Steve Thel
Statutory Findings And Insider Trading Regulation, Steve Thel
Faculty Scholarship
No abstract provided.
Of Labor Law And Dissonance Colloquy, James J. Brudney
Of Labor Law And Dissonance Colloquy, James J. Brudney
Faculty Scholarship
What accounts for the dissonance between the meaning of our national labor law, as decreed primarily by federal judges, and the social and economic realities of workplace relationships addressed by that law? In his darkly eloquent commentary, Professor Getman acknowledges that such dissonance is not unique to the law governing labor-management relations. Yet the courts' often mistrustful approach toward employee rights under the National Labor Relations Act ( NLRA" or "Act") has had a special impact. The NLRA emerged at a time of social turbulence, and was based on a recognized need to redress the fundamental inequality of bargaining power …
Getting To Death: Are Executions Constitutional?, Deborah W. Denno
Getting To Death: Are Executions Constitutional?, Deborah W. Denno
Faculty Scholarship
This Article addresses the question of when a method of executing a capital defendant amounts to cruel and unusual punishment under the Eighth Amendment. This Article contends that execution methods cases, while reaching the right result, fail to provide a sufficiently comprehensive Eighth Amendment standard for determining the constitutionality of any execution method. The Article proposes a test that better comports with the Court's Eighth Amendment case law and more appropriately considers scientific determinations of excessive pain. To apply this test, the Article studies each state's legislative changes in execution methods during the Twentieth Century as well as accounts of …
Intent And Incoherence, Sheila R. Foster
Intent And Incoherence, Sheila R. Foster
Faculty Scholarship
In this Article, Professor Sheila Foster dissects the intent standard in equal protection jurisprudence, filtering it through the lens of democratic process theory. Most legal scholars and commentators writing in this area continuously restate, and critique, the "rule" of intent as a uniform standard in constitutional law. However, it is clear from the Supreme Court's jurisprudence (and that of the lower federal courts) that different levels of consciousness can satisfy the discriminatory intent standard, and hence violate the Equal Protection Clause. Exactly what explains these disparate, and seemingly incoherent, levels of intent is the subject of this Article. Professor Foster …
Intent And Incoherence, Sheila R. Foster
Intent And Incoherence, Sheila R. Foster
Faculty Scholarship
In this Article, Professor Sheila Foster dissects the intent standard in equal protection jurisprudence, filtering it through the lens of democratic process theory. Most legal scholars and commentators writing in this area continuously restate, and critique, the "rule" of intent as a uniform standard in constitutional law. However, it is clear from the Supreme Court's jurisprudence (and that of the lower federal courts) that different levels of consciousness can satisfy the discriminatory intent standard, and hence violate the Equal Protection Clause. Exactly what explains these disparate, and seemingly incoherent, levels of intent is the subject of this Article. Professor Foster …
Construction Of Race And Class Buffers In The Structure Of Immigration Controls And Laws, The Symposium: Citizenship And Its Discontents: Centering The Immigrant In The Inter/National Imigination: Part Ii: Section Three: Rethinking Agency: Global Economic Restructuring And The Immigrant, Tanya K. Hernandez
Faculty Scholarship
In the midst of current anti-immigration sentiment, which is motivating dramatic changes in the United States immigration laws, there exists the myth that prior immigration laws were more equitable and humanitarian. Yet historical analysis reveals that immigration law has been put to uses far from idyllic, and has always been concerned with the racial makeup of the nation. Specifically, national preoccupation with the maintenance of a "White country" is reflected in immigration law. The continued national preference for White immigrants is explicitly featured in the visa profiling codes of U.S. embassies and consulates. This Essay employs a race-conscious lens to …
Lawyers, Clients, And Mediation , Jacqueline Nolan-Haley
Lawyers, Clients, And Mediation , Jacqueline Nolan-Haley
Faculty Scholarship
That the growth of mediation practice is changing the practice of law is obvious. The inability of many lawyers to understand the conceptual differences between adversarial lawyering and mediation practice strongly suggests the need to develop a theory of "good" representational mediation practice that takes into account competing client interests. On the one hand, lawyers must encourage client voice and participation. At the same time, however, the demands of professionalism require that lawyers guide their clients toward responsible decisionmaking. Representational lawyering in mediation may involve a number of distinct and traditional lawyering functions-- client counseling, negotiation, evaluation and advocacy. In …
Neighborhood Legal Services As House Counsel To Community-Based Efforts To Achieve Economic Justice: The East Brooklyn Experience, Martin S. Flaherty
Neighborhood Legal Services As House Counsel To Community-Based Efforts To Achieve Economic Justice: The East Brooklyn Experience, Martin S. Flaherty
Faculty Scholarship
No abstract provided.
Coercion, Deception, And Other Demand-Increasing Practices In Antitrust Law, Mark R. Patterson
Coercion, Deception, And Other Demand-Increasing Practices In Antitrust Law, Mark R. Patterson
Faculty Scholarship
No abstract provided.
Legal Coherentism, Benjamin C. Zipursky
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
NAPIL Names Dean Feerick 'Dean Of The Year'; Fordham Law Students/Staff Brave Storm To Show They Care; HTTP://WWW.FORDHAM.EDU/ILJ_ONLINE
Fifty Years Of The Lanham Act: A Retrospective Of Section 43(A), Ethan Horwitz, Benjamin Levi
Fifty Years Of The Lanham Act: A Retrospective Of Section 43(A), Ethan Horwitz, Benjamin Levi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Year In Review: Accomplishments And Objectives Of The U.S. Copyright Office, Marybeth Peters
The Year In Review: Accomplishments And Objectives Of The U.S. Copyright Office, Marybeth Peters
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: Recent National Jurist Article lnaccurate, Says Dean Feerlck; White, J.; Chief Justice of the Kaufman Securities Law Moot Court Competition
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines include: FSSF Auction Raises Record Amount
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines include: Third Year Student Cited for Defacing Property; Fordham Law Alumni Luncheon
Panel I: The Changing Landscape Of Jurisprudence In Light Of The New Communications And Media Alliances, Creighton O'M. Condon, Robert D. Joffe, Nicholas J. Jollymore, John R. Tyler
Panel I: The Changing Landscape Of Jurisprudence In Light Of The New Communications And Media Alliances, Creighton O'M. Condon, Robert D. Joffe, Nicholas J. Jollymore, John R. Tyler
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Ii: Censorship Of Cable Television’S Leased And Public Access Channels: Current Status Of Alliance For Community Media V. Fcc , Stuart W. Gold, Marjorie Heins, James N. Horwood, Robert T. Perry
Panel Ii: Censorship Of Cable Television’S Leased And Public Access Channels: Current Status Of Alliance For Community Media V. Fcc , Stuart W. Gold, Marjorie Heins, James N. Horwood, Robert T. Perry
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Recent Changes In The Duration Of Copyright In The United States And European Union: Procedure And Policy, Lisa M. Brownlee
Recent Changes In The Duration Of Copyright In The United States And European Union: Procedure And Policy, Lisa M. Brownlee
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: COMMISSIONER BRATTON ADDRESSES FORDHAM LAW: "NYC HAS ROGUE COPS"; FLS' Habitat For Humanity: Breaking New Ground
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines include: Fordham Workers Go On Strike
Iso 14000: Potential Compliance And Prevention Guidelines For Epa And Doj, Henry P. Baer Jr
Iso 14000: Potential Compliance And Prevention Guidelines For Epa And Doj, Henry P. Baer Jr
Fordham Environmental Law Review
No abstract provided.