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Limiting Respondeat Superior Liability: A Wolf In Sheep's Clothing?, Tracy E. Higgins Jan 1996

Limiting Respondeat Superior Liability: A Wolf In Sheep's Clothing?, Tracy E. Higgins

Fordham Urban Law Journal

In this response to Burt Neuborne's Who's Afraid of the Human Rights Commission, the author seeks to challenge many of the assumptions underlying Neuborne's model calling for increased focus on preventative measures by the Human Rights Commission. In Part I, the author addresses Neuborne's moral arguments and concludes that he undermines the ability of sanctions to deter future conduct. In Part II, the article suggests that although the Human Rights Commission is faced with fewer resources, Neuborne's model for increased preventative enforcement resources would have only a limited impact on employers and would undermine significantly the remedial purpose of human …

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Dignity And Non-Discrimination: The Requirement Of "Reasonable Accommodation" In Disability Law, James J. Weisman Jan 1996

Dignity And Non-Discrimination: The Requirement Of "Reasonable Accommodation" In Disability Law, James J. Weisman

Fordham Urban Law Journal

In his response to Robert Hammel's article Some Reflections on New York City's Disability Law, the author seeks to undermine the basic assumptions underlying Hammel's piece. The article first distinguishes preferential treatment of the disabled from providing people with disabilities the means to use resources equally ("reasonable accommodation"), and the author criticizes Hammel's conflation of the two. The article then argues against Hammel's depiction of New York City's definition of disability as unnecessarily broad. Finally, the author concludes that disability statutes aim to provide equal opportunity for people with disabilities, not to provide every one of their needs, in contrast …

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Separate And Unequal: A Comment On The Urban Development Aspect Of Brownfields Programs, Georgette C. Poindexter Jan 1996

Separate And Unequal: A Comment On The Urban Development Aspect Of Brownfields Programs, Georgette C. Poindexter

Fordham Urban Law Journal

Several states and the federal government have proposed and enacted what are termed "Brownfields Programs." These initia- tives have two goals: 1) creation of employment in economically distressed areas surrounded by urban "brownfields" (contami- nated properties); and 2) preservation of "greenfields" (pristine land) from development. This Article discusses the efficacy of the urban development aspect of these initiatives. Specifically it argues that while cities (notably those in the northeast and northcentral United States) may have suffered the impact of deindustrialization disproportionately to their respective suburbs,these programs create a duality of environmental protection that will consign the cities to permanent second …

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Automatic Stays And Governmental Operations: How New York State Protects The Government From The Poor, Jack E. Pace Iii Jan 1996

Automatic Stays And Governmental Operations: How New York State Protects The Government From The Poor, Jack E. Pace Iii

Fordham Urban Law Journal

This note discusses two New York state procedural rules that endanger the poor by giving special treatment to the defendant whom low income plaintiffs most often face in court. First, the New York Civil Practice Law and Rules ("CPLR") allows the government an automatic stay, pending appeal, of all proceedings to enforce an adverse judgment or order. Second, The New York Court of Appeals' "governmental operations" rule creates a presumption against certifying class actions when the challenged action is a governmental operation. The author argues that these rules unfairly limit the ability of poor people to recover against the government …

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"One Manner Of Law": The Supreme Court, Stare Decisis And The Immigration Law Plenary Power Doctrine, Anne E. Pettit Jan 1996

"One Manner Of Law": The Supreme Court, Stare Decisis And The Immigration Law Plenary Power Doctrine, Anne E. Pettit

Fordham Urban Law Journal

This note examines the extreme deference the Court gives to Congress in the realm of immigration legislation. The author argues that, in Planned Parenthood of Southeastern Pennsylvania v. Casey, the Supreme Court's analysis of stare decisis, precedent and the rule of law provides a strikingly effective paradigm through which to view the history of Supreme Court immigration rulings. Viewed through the Court's own analysis of its power to make and revise precedent decisions, the immigration plenary power doctrine's jurisprudential shortcomings become more evident and the arguments to overturn the doctrine become more powerful. This Note concludes that no principled constitutional …

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Decontextualizing The Child Client: The Efficacy Of The Attorney-Client Model For Very Young Children, Annette R. Appell Jan 1996

Decontextualizing The Child Client: The Efficacy Of The Attorney-Client Model For Very Young Children, Annette R. Appell

Fordham Law Review

No abstract provided.

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Desginations Of Critical Habitat Persuant To The Endangered Species Act: Does Nepa Apply?, David G. Perillo Jan 1996

Desginations Of Critical Habitat Persuant To The Endangered Species Act: Does Nepa Apply?, David G. Perillo

Fordham Environmental Law Review

No abstract provided.

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A Community Of Law: Legal Cohesion In The European Union, Manfred Zuleeg Jan 1996

A Community Of Law: Legal Cohesion In The European Union, Manfred Zuleeg

Fordham International Law Journal

Though not exempt from the impacts of national practice and thinking, the European Community ("EC") is favored by bonds of law stronger than in other international organizations. The European Community constitutes a new legal order of international law for the benefit of which Member States have limited their sovereign rights, albeit within limited fields. The subjects of this new legal order are not only Member States but also their nationals. Independent of the legislation of Member States, Community law, therefore, not only imposes obligations on individuals, but also intended to confer upon them rights which become part of their legal …

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Legal Interpretation At The European Court Of Justice, Nial Fennelly Jan 1996

Legal Interpretation At The European Court Of Justice, Nial Fennelly

Fordham International Law Journal

The object of all interpretation lies in the true intention of the lawmakers, whether they be framers of a constitution or a treaty, legislators, or drafters of secondary legislation. Its pursuit at The Court of Justice of the European Communities demands of the common lawyer a readiness to set sail from the secure anchorage and protected haven of “plain words” and to explore the wider seas of purpose and context. This Essay is an attempt to enunciate the essential elements of the Court's approach to legal interpretation, by the only Irish Advocate General to be appointed to that Court to …

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The Helms-Burton Blocking Statute Of The European Union, Jürgen Huber Llm Jan 1996

The Helms-Burton Blocking Statute Of The European Union, Jürgen Huber Llm

Fordham International Law Journal

According to European Community ("EC") law, the initiative for legislation lies with the Commission of the European Communities (“Commission”). Therefore, on July 31, 1996, the Commission submitted to the Council of the European Union a “proposal for a Council regulation protecting against the effects of the application of certain legislation of certain third countries, and actions based thereon or resulting therefrom.” After long and intensive discussions by the Committee of Permanent Representatives of the Member States (“COREPER”) and at the ministerial level, which proved to be difficult due to political and legal reasons, the Council, during its October 28, 1996 …

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Intellectual Property And Intra-Community Trade, Andreas Reindl Jan 1996

Intellectual Property And Intra-Community Trade, Andreas Reindl

Fordham International Law Journal

This Article will use recently decided intellectual property cases and other recent developments in European Community competition law to critically discuss the European Community's traditional and strict pro-free trade approach in intellectual property cases. It will focus in particular on issues relating to the territorial nature of intellectual property rights. Part I of this Article examines the Court's free trade approach in free movement cases involving patent rights. Part II explores patent rights in the context of technology Licensing Agreements, in particular in light of recent antitrust developments concerning vertical restraints. Part III discusses trademark issues. It first considers free …

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Globalization Of The Equity Markets, Richard A. Grasso Jan 1996

Globalization Of The Equity Markets, Richard A. Grasso

Fordham International Law Journal

Put simply, the Exchange must position itself for a turn-of-the-millennium environment shaped, in part, by three powerful forces. First, we are as impacted as any other institution by the current changes in the economics and engineering of telecommunications and computational capacity. Second, enterprises in the more free-market industrial democracies, as well as those in more state-oriented countries, are turning to the use of equity finance at a pace that is unmatched in history. Third, two of our most important constituent groups, the fifty-one million U.S. retail investors and the ten thousand U.S. institutions with significant equity exposure, are going through …

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A Judge's Ethical Dilemma: Assessing A Child's Capacity To Choose, Wallace J. Mlyniec Jan 1996

A Judge's Ethical Dilemma: Assessing A Child's Capacity To Choose, Wallace J. Mlyniec

Fordham Law Review

No abstract provided.

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The Ethical Legitimacy Of Class-Action, Institutional-Reform Litigation On Behalf Of Children: A Response To Martha Matthews, Christopher Dunn Jan 1996

The Ethical Legitimacy Of Class-Action, Institutional-Reform Litigation On Behalf Of Children: A Response To Martha Matthews, Christopher Dunn

Fordham Law Review

No abstract provided.

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Protecting The Rights And Interests Of Competent Minors In Litigated Medical Treatment Disputes, Susan D. Hawkins Jan 1996

Protecting The Rights And Interests Of Competent Minors In Litigated Medical Treatment Disputes, Susan D. Hawkins

Fordham Law Review

No abstract provided.

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Interfaces And Interoperability In Lotus V. Borland: A Market-Oriented Approach To The Fair Use Doctrine, David R. Owen Jan 1996

Interfaces And Interoperability In Lotus V. Borland: A Market-Oriented Approach To The Fair Use Doctrine, David R. Owen

Fordham Law Review

No abstract provided.

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Rights Of Passage: An Analysis Of Waiver Of Juvenile Court Jurisdiction, Stacey Sabo Jan 1996

Rights Of Passage: An Analysis Of Waiver Of Juvenile Court Jurisdiction, Stacey Sabo

Fordham Law Review

No abstract provided.

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How Should We Determine Who Should Regulate Lawyers--Managing Conflict And Context In Professional Regulation , David B. Wilkins Jan 1996

How Should We Determine Who Should Regulate Lawyers--Managing Conflict And Context In Professional Regulation , David B. Wilkins

Fordham Law Review

No abstract provided.

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Beyond Sex Discrimination: A Proposal For Federal Sexual Harassment Legislation, Deborah N. Mcfarland Jan 1996

Beyond Sex Discrimination: A Proposal For Federal Sexual Harassment Legislation, Deborah N. Mcfarland

Fordham Law Review

No abstract provided.

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Securities Regulations In China And Their Corporate Finance Implications On State Enterprise Reform, K. Matthew Wong Jan 1996

Securities Regulations In China And Their Corporate Finance Implications On State Enterprise Reform, K. Matthew Wong

Fordham Law Review

No abstract provided.

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Patent Infringement And Forum Shopping In The European Union, David Perkins, Garry Mills Jan 1996

Patent Infringement And Forum Shopping In The European Union, David Perkins, Garry Mills

Fordham International Law Journal

This Article first considers the extent to which a patentee is entitled, under the various Conventions governing jurisdiction and enforcement, to which all EU Member States are signatories, to choose the forum in which to sue for infringement. This Article then considers the factors which a patentee is likely to look for when choosing the forum in which to bring proceedings for infringement. It concludes by considering the extent to which, bearing these factors in mind, various jurisdictions within the European Union offer advantages to potential plaintiffs in infringement actions over other jurisdictions. A comprehensive comparison of all jurisdictions in …

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European Community Antitrust Law: Innovation Markets And High Technology Industries, John Temple Lang Jan 1996

European Community Antitrust Law: Innovation Markets And High Technology Industries, John Temple Lang

Fordham International Law Journal

This Article considers how far high technology industries give rise to Community antitrust law questions that are new and limited to or characteristic of those industries. Originally, this Article was to discuss the Community antitrust law experience of the issues raised at the U.S. Federal Trade Commission ("FTC") hearings and in the FTC report on innovation competition ("FTC Report"). Not all of the issues considered by the FTC, however, have arisen in Europe to such an extent that makes it worthwhile to consider them, and some issues have arisen or are arising in the European Community that have not been …

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Bosphorus Case: The Balancing Of Property Rights In The European Community And The Public Interest In Ending The War In Bosnia, Erik Drewniak Jan 1996

Bosphorus Case: The Balancing Of Property Rights In The European Community And The Public Interest In Ending The War In Bosnia, Erik Drewniak

Fordham International Law Journal

This Comment argues that the European Court of Justice ("ECJ") should choose not to follow its holding that Regulation 990/93 applied to the aircraft that Bosphorus leased from Yugoslavian National Airline ("JAT"), because it is not clear that the language of Resolution 820 and Regulation 990/93 provides for the impounding of aircrafts whose Yugoslavian owner leased them to non-Yugoslavian businesses in which no Yugoslavian entity has a majority or controlling interest. This Comment further argues that in so holding, the ECJ violated Bosphorus' fundamental right to property because the impounding of the aircraft was disproportionate to the concrete purpose of …

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Leslislating In The Face Of New Technology: Copyright Laws For The Digital Age, Michael F. Morano Jan 1996

Leslislating In The Face Of New Technology: Copyright Laws For The Digital Age, Michael F. Morano

Fordham International Law Journal

This Note discusses the agendas and proposals of different countries with respect to copyright regulation in the digital age. Part I discusses the present state of copyright law in the United States, the United Kingdom, and the European Community. Part I also examines laws that have developed in response to new technology. Part II considers the varying commentaries and proposals addressing the promulgation of copyright law for digital technology. Part III argues that the United States, the United Kingdom, and the European Community should take their existing copyright concepts and expand them to fit with digital technology. In addition, Part …

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Controlling Corruption Through Collective Means: Advocating The Inter-American Convention Against Corruption, Robert H. Sutton Jan 1996

Controlling Corruption Through Collective Means: Advocating The Inter-American Convention Against Corruption, Robert H. Sutton

Fordham International Law Journal

This Note argues that the Convention offers the most effective approach to combating corruption and that all states should sign and ratify it. Part I discusses corruption, explains its history and its harmful effects, and describes international organizations whose purposes and principles are directly opposed to the harm corruption is capable of perpetrating. Part II presents existing approaches to combating corruption. Part III argues that all states should adopt the OAS approach. This Note concludes that states can best combat corruption through the OAS approach because it offers the most comprehensive and, therefore, the most effective of the existing solutions.

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Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson Jan 1996

Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson

Fordham International Law Journal

This Essay focuses on four areas of international human rights law. The first area, the protection of attorneys' fees from forfeiture, is an issue of great concern in the United States, given the state of the law there. The next area, the application of the death penalty in international law, will also include arguments about the "death row phenomenon." The third area addressed is the use of international human rights law to overcome the rule of non-inquiry in extradition matters, a rule by which the judicial authority reviewing the propriety of extradition is barred from inquiry into the fairness of …

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Why, How, Who, And When: A Lithuanian Perspective On Nato Membership, Oskaras Jusys, Kæstutis Sadauskas Jan 1996

Why, How, Who, And When: A Lithuanian Perspective On Nato Membership, Oskaras Jusys, Kæstutis Sadauskas

Fordham International Law Journal

Part I of this Essay discusses the reasons for Lithuania to join the NATO, Part II lays out the costs of doing so, Part III reflects on what that would mean for Lithuania's position in the EU, and Part IV suggests a two-pronged solution to include Lithuania in NATO

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Reforming The Liability Provisions Of The Warsaw Convention: Does The Iata Intercarrier Agreement Eliminate The Need To Amend The Convention?, Andrea L. Buff Jan 1996

Reforming The Liability Provisions Of The Warsaw Convention: Does The Iata Intercarrier Agreement Eliminate The Need To Amend The Convention?, Andrea L. Buff

Fordham International Law Journal

This Note examines recent attempts to resolve over sixty years of criticism of the Warsaw Convention's liability limits. Part I discusses the Warsaw Convention, the international community's efforts to expand the liability provisions of the Warsaw Convention, and judicial treatment of the Warsaw Convention's liability limits in the United States. Part II describes recent proposals to resolve the issue of liability limits, including the IATA Intercarrier Agreement, the DOT's proposed conditions to the IATA Intercarrier Agreement, the EC Proposal on air carrier liability, and the ICAO's draft of a new international convention. Part III argues that the IATA Intercarrier Agreement …

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European Court Of Justice Case Law As A Means Of Unification Of Private Law?, Walter Van Gerven Jan 1996

European Court Of Justice Case Law As A Means Of Unification Of Private Law?, Walter Van Gerven

Fordham International Law Journal

This Essay does not focus on the feasibility of an European Community ("EC") civil code, but rather addresses questions of substance relating to the law of obligations, that is, the law of contract and tort, leaving aside the law of property and family law. Nevertheless, I must state that I do not believe in the feasibility of a uniform Civil Code for the European Community. Rather than employing legislation as the means of bringing about uniformity, I prefer discovering general principles common to statutes and case law of European Union Member State legal systems, as influenced and brought closer to …

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The Republic Of Macedonia: An Atypical Balkan Country, Ljubica Acevska Jan 1996

The Republic Of Macedonia: An Atypical Balkan Country, Ljubica Acevska

Fordham International Law Journal

Geographically and historically, the Republic of Macedonia is part of the Balkans, a region marked by conflict and tension. The centuries that it stood amidst civilizations and empires have enriched this corner of Europe with traditions and cultures. Despite their originality and creativity, however, the nations of the Balkans have never succeeded to stand on their own feet either economically or politically.

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