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Articles 6781 - 6810 of 8574
Full-Text Articles in Entire DC Network
Relief For Mandela's Children: Street Children And The Law In The New South Africa, Timothy J. Treanor
Relief For Mandela's Children: Street Children And The Law In The New South Africa, Timothy J. Treanor
Fordham Law Review
No abstract provided.
The First Amendment Distinction Between Conduct And Content: A Conceptual Framework For Understanding Fighting Words Jurisprudence, Aviva O. Wertheimer
The First Amendment Distinction Between Conduct And Content: A Conceptual Framework For Understanding Fighting Words Jurisprudence, Aviva O. Wertheimer
Fordham Law Review
No abstract provided.
Current World Trade Agenda: Gatt, Regionalism, And Unresolved Asymmetry Problems, William A. Lovett
Current World Trade Agenda: Gatt, Regionalism, And Unresolved Asymmetry Problems, William A. Lovett
Fordham Law Review
No abstract provided.
From Bretton Woods To Brussels: A Legal Analysis Of The Exchange-Rate Arrangements Of The International Monetary Fund And The European Community, Richard Myrus
Fordham Law Review
No abstract provided.
Panel Ii Discussion, Panel Discussion
Panel Ii Discussion, Panel Discussion
Fordham International Law Journal
No abstract provided.
Out In Left Field: Cuba's Post-Cold War Strikeout, Berta Esperanza Hernández Truyol
Out In Left Field: Cuba's Post-Cold War Strikeout, Berta Esperanza Hernández Truyol
Fordham International Law Journal
This Article studies the Cuban situation in four parts. First, it reviews whether Cuba actually fits basic expectations of "Third World country" status. As discussed in Part I, the figures of social and human development indicators, as well as economic development figures, reveal that Cuba does not match the definition neatly. Its health, education, and welfare figures rival those of industrial states. Economic development figures, however, paint a completely different picture. Economic considerations certainly permit labelling the island as a "developing country," particularly since the onset of the 1986 recession, as exacerbated by the demise of communism and Cuba's consequent …
Balancing Collective Security And National Sovereignty: Does The United Nations Have The Right To Inspect North Korea's Nuclear Facilities?, Susan Carmody
Fordham International Law Journal
This Note examines the legal conflicts in the nuclear nonproliferation regime that developed due to the Agency's attempt to verify North Korea's compliance with the NPT. Part I reviews the history of the nonproliferation regime, as well as the pertinent textual provisions of the IAEA Statute, the NPT, and the North Korean-Agency Safeguards Agreement. Part II reviews the events leading up to North Korea's alleged withdrawal from the NPT and discusses the DPRK's and the Agency's legal arguments concerning North Korea's rights under the regime. Part III argues that the Agency has the right to inspect the DPRK's facilities because: …
The Role And Mechanism Of The Preliminary Ruling Procedure, Carl Otto Lenz
The Role And Mechanism Of The Preliminary Ruling Procedure, Carl Otto Lenz
Fordham International Law Journal
This Article examines the preliminary ruling procedure, by far the most important procedure for legal practitioners and courts. Because Community law, by reason of its supremacy and direct effect, impacts relationships between individuals, Member State courts are asking the Court to decide Community law questions more frequently. Although the law to be applied in these cases is the same in all Member States, there is a potential danger to the functioning of the EC legal system as a whole if the law is not applied uniformly in the Member States. The founding fathers of the Community averted this situation by …
Defining Legitimate Competition: Companies' Duties To Supply Competitors And Access To Essential Facilities, John Temple Lang
Defining Legitimate Competition: Companies' Duties To Supply Competitors And Access To Essential Facilities, John Temple Lang
Fordham International Law Journal
This Article considers the European Community (“Community” or “EC”) antitrust law rules on the duty to supply competitors with important goods or services. It is convenient to begin, in Part I of this Article, by summarizing the relevant Treaty provisions, and the case law of the Court of Justice of the European Communities (the “Court”) and the Commission of the European Communities (the “Commission”) on essential facilities. Part I begins with the less specialized cases, and outlines the Court and Commission cases on telecommunications and performing rights societies, as well as some relevant Community legislation. This provides the basis for …
Marshall Ii: Enhancing The Remedy Available To Individuals For Gender Discrimination In The Ec, Gina L. Ziccolella
Marshall Ii: Enhancing The Remedy Available To Individuals For Gender Discrimination In The Ec, Gina L. Ziccolella
Fordham International Law Journal
This Comment asserts that although the Court of Justice may not have employed well-defined judicial principles, Marshall II nevertheless harmonizes the application of the Equal Treatment Directive in Member State courts. Part I explores how directives are enacted by the Council and enforced by the Court of Justice. In addition, Part I discusses the Equal Treatment Directive, as well as Marshall I , the precursor to Marshall II. Part II sets forth the factual and procedural history of Marshall II and examines the opinion of the Court. Part III argues that the Court of Justice, in Marshall II, engaged in …
The Development Of Regulatory Standards For Gene Therapy In The European Union, Charles F. De Jager
The Development Of Regulatory Standards For Gene Therapy In The European Union, Charles F. De Jager
Fordham International Law Journal
This note examines the EU's efforts to regulate gene therapy, considering the Union's resolve to establish scientifically, economically, and morally sound parameters acceptable to its varied constituency. This includes discussion of legal and ethical considerations, biotechnology goals in the EU, and EU-wide uniform regulations.
Roger J. Finbow & A. Nigel Parr, U.K. Merger Control: Law And Practice, Barry E. Hawk
Roger J. Finbow & A. Nigel Parr, U.K. Merger Control: Law And Practice, Barry E. Hawk
Fordham International Law Journal
The most striking aspect of international antitrust during the last several years has been the extraordinary proliferation of new statutes and strengthened enforcement of competition laws throughout the world. Today the great majority of industrialized and emergent economy countries have antitrust legislation both on the books and in actual practice. Formerly communist countries in Eastern Europe and the former Soviet Union have enacted antitrust laws as part of their shift to market-oriented economies. Latin American countries have also recently enacted or strengthened their antitrust laws and enforcement. Similarly, antitrust has mushroomed in the Pacific countries, where Japan has gradually been …
Of Laws And Men: An Essay On Justice Marshall's View Of Criminal Procedure, Bruce A. Green, Daniel C. Richman
Of Laws And Men: An Essay On Justice Marshall's View Of Criminal Procedure, Bruce A. Green, Daniel C. Richman
Faculty Scholarship
No abstract provided.
Address Delivered At The Celebration Of The Seventy-Fifth Anniversary Of Women At Fordham Law School, Hon. Janet Reno
Address Delivered At The Celebration Of The Seventy-Fifth Anniversary Of Women At Fordham Law School, Hon. Janet Reno
Fordham Law Review
No abstract provided.
The Fourth R-Respect: Combatting Peer Sexual Harassment In The Public Schools, Helena K. Dolan
The Fourth R-Respect: Combatting Peer Sexual Harassment In The Public Schools, Helena K. Dolan
Fordham Law Review
No abstract provided.
Whose Partnership Is It Anyway?: Revising The Revised Uniform Partnership Act's Duty-Of-Care Term, Michael L. Keeley
Whose Partnership Is It Anyway?: Revising The Revised Uniform Partnership Act's Duty-Of-Care Term, Michael L. Keeley
Fordham Law Review
No abstract provided.
Consequential Damages For Commercial Loss: An Alternative To Hadley V. Baxendale, Thomas A. Diamond, Howard Foss
Consequential Damages For Commercial Loss: An Alternative To Hadley V. Baxendale, Thomas A. Diamond, Howard Foss
Fordham Law Review
No abstract provided.
An Economic Analysis Of The Potential For Coercion In Consent Solicitations For Bonds, Royce De R. Barondes
An Economic Analysis Of The Potential For Coercion In Consent Solicitations For Bonds, Royce De R. Barondes
Fordham Law Review
No abstract provided.
No-Drop Policies In The Prosecution Of Domestic Violence Cases: Guarantee To Action Or Dangerous Solution?, Angela Corsilles
No-Drop Policies In The Prosecution Of Domestic Violence Cases: Guarantee To Action Or Dangerous Solution?, Angela Corsilles
Fordham Law Review
No abstract provided.
Access, Connection, And Voice: A Contextual Approach To Representing Senior Citizens Of Questionable Capacity, Peter Margulies
Access, Connection, And Voice: A Contextual Approach To Representing Senior Citizens Of Questionable Capacity, Peter Margulies
Fordham Law Review
No abstract provided.
Clients With Destructive And Socially Harmful Choices - What's An Attorney To Do?: Within And Beyond The Competency Construct, Jan Ellen Rein
Clients With Destructive And Socially Harmful Choices - What's An Attorney To Do?: Within And Beyond The Competency Construct, Jan Ellen Rein
Fordham Law Review
No abstract provided.
Representations Involving Fiduciary Entities: Who Is The Client?, Jeffrey N. Pennell
Representations Involving Fiduciary Entities: Who Is The Client?, Jeffrey N. Pennell
Fordham Law Review
No abstract provided.
Ethical Considerations In Medicaid Estate Planning: An Analysis Of The Aba Model Rules Of Professional Conduct, Eleanor M. Crosby, Ira M. Leff
Ethical Considerations In Medicaid Estate Planning: An Analysis Of The Aba Model Rules Of Professional Conduct, Eleanor M. Crosby, Ira M. Leff
Fordham Law Review
No abstract provided.
Shaw V. Reno: A Mirage Of Good Intentions With Devastating Racial Consquences, A Leon Higginbotham, Jr., Gregory A. Clarick, Marcella David
Shaw V. Reno: A Mirage Of Good Intentions With Devastating Racial Consquences, A Leon Higginbotham, Jr., Gregory A. Clarick, Marcella David
Fordham Law Review
In this Article the authors critically examine the Supreme Court's recent decision in Shaw v. Reno, which held that a North Carolina minority-majority voting district of "dramatically irregular" shape is subject to strict scrutiny, absent sufficient race-neutral explanations for its boundaries. While the authors assert that such race-conscious redistricting will meet the burdens of strict-scrutiny, given the peculiar history of the southern states, they here argue that Shaw is fundamentally flawed. They examine the history of political racism in North Carolina leading up to the 1991 redistricting plan. They then examine the Court's misguided presumptions that race-conscious districting plans are …
In Defense Of Wrongful Life: Bringing Political Theory To The Defense Of A Tort, Michael B. Laudor
In Defense Of Wrongful Life: Bringing Political Theory To The Defense Of A Tort, Michael B. Laudor
Fordham Law Review
In this Article, Post-doctoral Associate Michael Laudor defends the tort of wrongful life as a valuable cause of action by developing a philosophy that addresses issues of intergenerational justice. To do so, he first explores the problems of future interests and analyzes the limitations of both standard and utilitarian concepts of harm. Lauor next considers the legal dilemmas arising from claims that the births of certain children are harmful. Laudor finally constructs a notion of harm that enables courts deciding whether to remedy injuries suffered by future generations to recognize wrongful life as a legitimate cause of action.
Aiding The Transformation Of Economies: Is The Fund's Conditionality Appropriate To The Task, Cynthia C. Lichtenstein
Aiding The Transformation Of Economies: Is The Fund's Conditionality Appropriate To The Task, Cynthia C. Lichtenstein
Fordham Law Review
In this Essay, Professor Lichtenstein suggests that the Group of Seven's decision to use the International Monetary Fund to channel economic assistance to Russia was a mistake. Professor Lichentenstein examines the International Monetary Fund's charter, history, and institutional culture. She concludes that it is not a suitable vehicle for funneling the Group of Seven's promised aid to Russia.
International Arbitration Under The Uncitral Arbitration Rules: A Contractual Provision For Improvement, John D. Franchini
International Arbitration Under The Uncitral Arbitration Rules: A Contractual Provision For Improvement, John D. Franchini
Fordham Law Review
No abstract provided.
The Legal Status Of Gibraltar: Whose Rock Is It Anyway?, Simon J. Lincoln
The Legal Status Of Gibraltar: Whose Rock Is It Anyway?, Simon J. Lincoln
Fordham International Law Journal
This Note argues that the right to self-determination, as expressed in Resolution 1514, empowers the people of Gibraltar with the right to determine their own destiny. Part I discusses the factual and legal background of the dispute over sovereignty of both the City of Gibraltar, as well as the isthmus connecting the city to Spain. Part II explains the British, Spanish, and Gibraltarian claims to the territory, analyzing the relevant U.N. resolutions, agreements and legislation that have defined the respective rights of the three parties. Part III argues that Gibraltar has the right to self-determination and that Great Britain should …
The Foundations Of A New Brazil, J.M. Pinheiro-Neto
The Foundations Of A New Brazil, J.M. Pinheiro-Neto
Fordham International Law Journal
It looks as if Brazil has found herself, finally. To have a law journal such as the Fordham International Law Journal dedicate one of its five yearly issues to a newly-elected president of a Latin American country is homage in itself. The fact that the chosen country is Brazil would have to be considered by the Brazilians as a meritorious decision. Further, to have a man like our new President, Mr. Fernando Henrique Cardoso, as the focus of the Journal's attention is certainly interesting.
State Aid Control In The European Union: Success Or Failure? , Claus-Dieter Ehlermann
State Aid Control In The European Union: Success Or Failure? , Claus-Dieter Ehlermann
Fordham International Law Journal
This Article examines some structural elements of state aid control and tries to raise the level of understanding for what is undoubtedly one of the most difficult and delicate tasks of the Commission. Part I gives a background on institutional considerations and makes recommendations for state aid control in the EU. Part II looks at the conditions for restructuring aid and asks if the "One Time, Last Time" Principle is necessay.