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Articles 6601 - 6630 of 8589
Full-Text Articles in Entire DC Network
The Problem Of Market Definition Under Ec Competition Law, Thomas E. Kauper
The Problem Of Market Definition Under Ec Competition Law, Thomas E. Kauper
Fordham International Law Journal
This Article focuses in part on what the approach to market definition in the EC reveals about its competition policy generally. There are additional reasons why lawyers should consider market definition issues. In the two sections of this Article, the EC approach to market definition will be examined. The treatment of market definition under Articles 85 and 86 is considered first, followed by a more detailed description and evaluation of cases under the Merger Regulation.
Unfair Business Competition And The Tax On Income Destined Charity: Forty-Six Years Later, Donald Sharpe
Unfair Business Competition And The Tax On Income Destined Charity: Forty-Six Years Later, Donald Sharpe
Faculty Scholarship
No abstract provided.
Plenary Power And Constitutional Outcasts: Federal Power, Critical Race Theory, And The Second, Ninth, And Tenth Amendments , Nicholas J. Johnson
Plenary Power And Constitutional Outcasts: Federal Power, Critical Race Theory, And The Second, Ninth, And Tenth Amendments , Nicholas J. Johnson
Faculty Scholarship
Rights and power in modern American constitutionalism are conceptually interdependent: "We have no way of thinking about constitutional rights independent of what powers it would be prudent or desirable for government to have." In an era where substantive boundaries on federal power seem ephemeral, this suggests that what we call rights may be primarily fair weather or illusory barriers to the exercise of power.From a majoritarian perspective, the shifting boundary between rights and powers, and the capacity of power to consume rights, may be unproblematic and even attractive. If the exercise of plenary power reflects majority will, then this exercise …
Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins
Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins
Faculty Scholarship
Confronted with the challenge of cultural relativism, feminism faces divergent paths, neither of which seems to lead out of the woods of patriarchy. The first path, leading to simple tolerance of cultural difference, is too broad. To follow it would require feminists to ignore pervasive limits on women's freedom in the name of an autonomy that exists for women in theory only. The other path, leading to objective condemnation of cultural practices, is too narrow. To follow it would require feminists to dismiss the culturally distinct experiences of women as false consciousness. Yet to forge an alternative path is difficult, …
Irreducible Constitution, The 1996 Jcli Religion Symposium, Abner S. Greene
Irreducible Constitution, The 1996 Jcli Religion Symposium, Abner S. Greene
Faculty Scholarship
No matter how hard they try, some constitutional theorists can't avoid being, at bottom, either democratic-foundationalists ("democrats") or rights-foundationalists. In the first part of this essay, I will offer a third way, insisting that at the heart of the American constitutional order is an irreconcilable conflict between these divergent accounts, that attempts to predicate constitutionalism on either democracy or rights cannot succeed. Our constitution (a term I will use to mean our constitutional order--text plus ... ) is, at the core, coreless. It cannot be resolved to a master predicate. It cannot be reduced to democracy or to rights. It …
Welfare Reform And Child Care: A Proposal For State Legislation, Clare Huntington
Welfare Reform And Child Care: A Proposal For State Legislation, Clare Huntington
Faculty Scholarship
The shortage of subsidized child care creates three problems. First, it contributes to underemployment because job options are greatly reduced when child care is unavailable. Second, it erodes the wages of parents who do work because low-income families spend a debilitating percentage of their earnings to pay for the care of their children. Third, it relegates many children to poor quality child care settings, compromising their academic potential and social well-being, and placing them at risk for delinquency and dependency. Part I of this article discusses the current paucity of quality, affordable child care, and the effects of this shortage. …
Kiryas Joel And Two Mistakes About Equality , Abner S. Greene
Kiryas Joel And Two Mistakes About Equality , Abner S. Greene
Faculty Scholarship
In 1948, Rebbe Joel Teitelbaum founded the congregation Yetev Lev D'Satmar in Williamsburg, Brooklyn. Over the next twenty-five years, the Satmar Hasidic sect grew, and members started thinking about leaving the urban, heterogeneous setting for a place where they could live in relative isolation. In 1974, Satmar families began leaving Brooklyn for upstate New York. They purchased property in the Town of Monroe, and later, after a zoning dispute with the Town, incorporated as the Village of Kiryas Joel. As of 1990, approximately 10,000 Satmar Jews lived in or around the Village. The Satmars dress in conformance with a semiformal …
Why Mandatory Hiv Testing Of Pregnant Women And Newborns Must Fail: A Legal, Historical, And Public Policy Analysis Special Issue: Mandatory Hiv Testing Of Newborns And Their Mothers, Elizabeth B. Cooper
Why Mandatory Hiv Testing Of Pregnant Women And Newborns Must Fail: A Legal, Historical, And Public Policy Analysis Special Issue: Mandatory Hiv Testing Of Newborns And Their Mothers, Elizabeth B. Cooper
Faculty Scholarship
The debate surrounding mandatory HIV testing of newborns and pregnant women requires an understanding of the historical context of women in the epidemic. Although the epidemic first was recognized in gay men in 1981, anecdotal reports reveal that women already were dying from what seems to have been HIV-related symptomatology. Indeed, in Gena Corea's book, The Invisible Epidemic, we learn that, as early as 1981, not insignificant numbers of drug-using and former drug-using women were falling ill and not recovering from conditions that normally are not fatal, including bacterial pneumonia. Yet, because we did not necessarily expect these populations to …
(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp
(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp
Faculty Scholarship
Some observers would like to explain away sweatshops as immigrants exploiting other immigrants, as "cultural, or as the importation of a form of exploitation that normally does not happen here but occurs elsewhere, in the "Third World." While the public was shocked by the discovery at El Monte, garment workers and garment worker advocates have for years been describing abuses in the garment industry and have ascribed responsibility for such abuses to manufacturers and retailers who control the industry. Sweatshops, like the one in El Monte, are a home-grown problem with peculiarly American roots. Since the inception of the garment …
International Copyright: An Unorthodox Analysis American Association Of Law Schools' Intellectual Property Section's Symposium On Compliance With The Trips Agreement, Hugh C. Hansen
Faculty Scholarship
Professor Hansen reviews the development of copyright from its traditional domestic orientation to the modern emphasis on globalization and harmonization. His commentary analogizes modem trends in international copyright to religious equivalents. He notes that the current players include a "secular priesthood" (the traditional copyright bar and academics), "agnostics and atheists" (newer academics and lawyers, particularly those concerned with technology and the culture of the public domain) and "missionaries" (whose task it is to increase copyright protection around the world and who are primarily driven by trade considerations). The copyright "crusade" has been driven by this last group. The author compares …
Self-Defense, Domination, And The Social Contract, Benjamin C. Zipursky
Self-Defense, Domination, And The Social Contract, Benjamin C. Zipursky
Faculty Scholarship
No abstract provided.
Report Of The Working Group On Determining The Best Interest Of The Child, Robert Schwartz
Report Of The Working Group On Determining The Best Interest Of The Child, Robert Schwartz
Fordham Law Review
No abstract provided.
A Paradigm For Determining The Role Of Counsel For Children, Martin Guggenheim
A Paradigm For Determining The Role Of Counsel For Children, Martin Guggenheim
Fordham Law Review
No abstract provided.
The Lawyer As Caregiver: Child Client's Competence In Context, Peter Margulies
The Lawyer As Caregiver: Child Client's Competence In Context, Peter Margulies
Fordham Law Review
No abstract provided.
Ethical Issues In The Respresentation Of Parents In Child Welfare Cases, Bruce A. Boyer
Ethical Issues In The Respresentation Of Parents In Child Welfare Cases, Bruce A. Boyer
Fordham Law Review
No abstract provided.
"You're My What?" The Problem Of Children's Misperceptions Of Their Lawyers' Roles, Emily Buss
"You're My What?" The Problem Of Children's Misperceptions Of Their Lawyers' Roles, Emily Buss
Fordham Law Review
No abstract provided.
Guardians Ad Litem As Surrogate Parents: Implication For Role Definition And Confidentiality, Roy T. Stuckey
Guardians Ad Litem As Surrogate Parents: Implication For Role Definition And Confidentiality, Roy T. Stuckey
Fordham Law Review
No abstract provided.
Ethical Issues In Interviewing, Counseling, And The Use Of Psychological Data With Child And Adolescent Clients, Michael L. Lindsey
Ethical Issues In Interviewing, Counseling, And The Use Of Psychological Data With Child And Adolescent Clients, Michael L. Lindsey
Fordham Law Review
No abstract provided.
Rules Of Confidentiality When Representing Children: The Need For A "Bright Line" Test, Randi Mandelbaum
Rules Of Confidentiality When Representing Children: The Need For A "Bright Line" Test, Randi Mandelbaum
Fordham Law Review
No abstract provided.
The Liability Of Corporate Officials To Their Outside Auditor For Financial Statement Fraud, Michael R. Young
The Liability Of Corporate Officials To Their Outside Auditor For Financial Statement Fraud, Michael R. Young
Fordham Law Review
No abstract provided.
Competing Duties? Securities Lawyers' Liability After Central Bank, Ann Maxey
Competing Duties? Securities Lawyers' Liability After Central Bank, Ann Maxey
Fordham Law Review
No abstract provided.
A Wolf In Sheep's Clothing?: A Critical Analysis Of Justice Harlan's Substantive Due Process Formulation, Anthony C. Cicia
A Wolf In Sheep's Clothing?: A Critical Analysis Of Justice Harlan's Substantive Due Process Formulation, Anthony C. Cicia
Fordham Law Review
No abstract provided.
Resolution Of Mass Product Liability Litigation Within The Federal Rules: A Case For The Increased Use Of Rule 23(B)(3) Class Actions, Heather M. Johnson
Resolution Of Mass Product Liability Litigation Within The Federal Rules: A Case For The Increased Use Of Rule 23(B)(3) Class Actions, Heather M. Johnson
Fordham Law Review
No abstract provided.
Developing The Judicial Role In Controlling Litigation Conflicts: Response To Green , Susan R. Martyn
Developing The Judicial Role In Controlling Litigation Conflicts: Response To Green , Susan R. Martyn
Fordham Law Review
No abstract provided.
Professional Liability Insurers As Regulators Of Law Practice, Anthony E. Davis
Professional Liability Insurers As Regulators Of Law Practice, Anthony E. Davis
Fordham Law Review
No abstract provided.
Principled Opinions: Response To Brickman, Susan P. Koniak
Principled Opinions: Response To Brickman, Susan P. Koniak
Fordham Law Review
No abstract provided.
Glass Ceilings And Open Doors: A Reaction, Patricia M. Wald
Glass Ceilings And Open Doors: A Reaction, Patricia M. Wald
Fordham Law Review
No abstract provided.
The Chaos Of 12 U.S.C. Section 1821(K): Congressional Subsidizing Of Negligent Bank Directors And Officers, Steven A. Ramirez
The Chaos Of 12 U.S.C. Section 1821(K): Congressional Subsidizing Of Negligent Bank Directors And Officers, Steven A. Ramirez
Fordham Law Review
No abstract provided.
Equitable Recoupment: Revisiting An Old And Inconsistent Remedy , Camilla E. Watson
Equitable Recoupment: Revisiting An Old And Inconsistent Remedy , Camilla E. Watson
Fordham Law Review
No abstract provided.
Reconceptualizing The Joint Defense Doctrine , Deborah Stavile Bartel
Reconceptualizing The Joint Defense Doctrine , Deborah Stavile Bartel
Fordham Law Review
No abstract provided.