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Articles 6811 - 6840 of 8574
Full-Text Articles in Entire DC Network
Barclays Bank Plc V. Franchise Tax Board Of California: Does The Application Of Worldwide Unitary Taxation To Non-U.S. Parent Corporate Groups Violate The Commerce Clause?, Zain E. Husain
Fordham International Law Journal
This Comment examines whether the Supreme Court in Barclays v. Franchise Tax Board, correctly decided that the application of worldwide unitary taxation to non-U.S. parent groups does not violate the Commerce Clause.
Human Rights In Theory And Practice: A Review Of On Human Rights, Ronald C. Slye
Human Rights In Theory And Practice: A Review Of On Human Rights, Ronald C. Slye
Fordham International Law Journal
One of the most important issues facing the international human rights movement is the claim that human rights values are universal and not culturally specific, and thus can be used to understand, evaluate, and influence global actors. This claim has obvious political and philosophical dimensions. That the concept of international human rights is being taken seriously by both governmental and nongovernmental actors is a sign of the importance of human rights today. The number of countries ratifying the basic international human rights treaties has reached an all-time high. Nevertheless, current events are drawing into question the universality and efficacy of …
Derrick Wyatt & Alan Dashwood, European Community Law, Laurence W. Gormley
Derrick Wyatt & Alan Dashwood, European Community Law, Laurence W. Gormley
Fordham International Law Journal
Despite the fact that the book's coverage of institutional and administrative EC law is not detailed enough to qualify it as the sole textbook for a general course, Wyatt & Dashwood must continue to form a standard part of any comprehensive reading list in undergraduate and postgraduate courses. However, recourse to Hartley, at least on the recommended list, will still be necessary. Despite this, Wyatt & Dashwood remains an excellent and practical selection for a substantive law course. Yet, Weatherill & Beaumont is more modern in its approach. Their wine has a different bouquet and taste, regarding both its discussion …
Subsidiarity And Soverignty In The European Union, Paul D. Marquardt
Subsidiarity And Soverignty In The European Union, Paul D. Marquardt
Fordham International Law Journal
The institutional quick fix may support the nation-state in the short run, but the underlying logic of subsidiarty reduces the claim of rightful governance to a technocratic question of functional efficiency that will eventually undercut the nation-state's claims to loyalty. In reaching this conclusion, this Article first explores the origins and underpinnings of the doctrine of subsidiarity. Second, it examines the application of subsidiarity to the European Community. Finally, it examines the compatibility of the principles developed with today's understanding of sovereignty in Western Europe.
The Role Of Sec In Evaluating Foreign Issuers Coming To U.S. Markets, Richard Kosnik
The Role Of Sec In Evaluating Foreign Issuers Coming To U.S. Markets, Richard Kosnik
Fordham International Law Journal
No abstract provided.
Forced Prostitution: Naming An International Offense, Nora V. Demleitner
Forced Prostitution: Naming An International Offense, Nora V. Demleitner
Fordham International Law Journal
This paper presents an argument for recognizing "forced prostitution" as an international offense in its own right for which the procurers, brothel owners and managers, and financiers as well as the women's customers can be held criminally liable. While the international debate has attempted to characterize forced prostitution as slavery, the term "slavery" fails to evoke the images of all the violations that encompass forced prostitution. Were the United Nations and regional organizations to acknowledge and label forced prostitution as an international crime, their member states would be required to enact domestic legislation outlawing and criminalizing it as well as …
Panel I Discussion, Joe Velli
Foreign Companies And U.S. Securities Markets In A Time Of Economic Transformation, Richard C. Breeden
Foreign Companies And U.S. Securities Markets In A Time Of Economic Transformation, Richard C. Breeden
Fordham International Law Journal
No abstract provided.
Gender, Crime, And The Criminal Law Defenses, Deborah W. Denno
Gender, Crime, And The Criminal Law Defenses, Deborah W. Denno
Faculty Scholarship
This Article attempts to explain some of the disparity in criminality between males and females by analyzing the results of the “Biosocial Study,” one of this country's largest longitudinal studies of biological, psychological, and sociological predictors of crime. Section II analyzes the literature and research on gender differences in crime. Section III describes the Biosocial Study and its results, noting the gender differences in the prevalence and prediction of crime and the inability of any one factor to be a strong predictor of crime. Section IV considers whether gender differences warrant disparate types of punishment or treatment within the criminal …
The Pedigrees Of Rights And Powers In Scalia's Cruzan Concurrence, Benjamin C. Zipursky
The Pedigrees Of Rights And Powers In Scalia's Cruzan Concurrence, Benjamin C. Zipursky
Faculty Scholarship
No abstract provided.
Epcra's Collision With Federalism, Nicholas J. Johnson
Epcra's Collision With Federalism, Nicholas J. Johnson
Faculty Scholarship
No abstract provided.
Setting Standards For Fair Information Practice In The U.S. Private Sector, Joel R. Reidenberg
Setting Standards For Fair Information Practice In The U.S. Private Sector, Joel R. Reidenberg
Faculty Scholarship
The confluence of plans for an Information Superhighway, actual industry self-regulatory practices, and international pressure dictate renewed consideration of standard setting for fair information practices in the U.S. private sector. The legal rules, industry norms, and business practices that regulate the treatment of personal information in the United States are organized in a wide and dispersed manner. This Article analyzes how these standards are established in the U.S. private sector. Part I argues that the U.S. standards derive from the influence of American political philosophy on legal rule making and a preference for dispersed sources of information standards. Part II …
Is Electrocution An Unconstitutional Method Of Execution? The Engineering Of Death Over The Century, Deborah W. Denno
Is Electrocution An Unconstitutional Method Of Execution? The Engineering Of Death Over The Century, Deborah W. Denno
Faculty Scholarship
This Article provides the Eighth Amendment analysis of electrocution that the courts thus far have not approached. The analysis has two parts. The first inquires whether, according to available scientific evidence, electrocution amounts to cruel and unusual punishment even if it is administered as planned. The second inquires whether, in light of the frequency with which electrocutions are botched, continuing the practice amounts to cruel and unusual punishment even if the properly administered electrocution would not.
Product Definition, Product Information, And Market Power: Kodak In Perspective, Mark R. Patterson
Product Definition, Product Information, And Market Power: Kodak In Perspective, Mark R. Patterson
Faculty Scholarship
In Eastman Kodak Co. v. Image Technical Services, Inc., product information, market costs, market information the United States Supreme Court held that market power sufficient to impose an illegal tying arrangement can, at least in theory, derive from buyers' uncertainty regarding a product's costs and quality. Although commentators disagree on the implications of the Kodak decision, all seem to agree that the opinion's emphasis on product information costs is a departure from previously accepted economic analysis of antitrust law. In this Article, Mark R. Patterson argues that the Kodak decision is, in fact, economically reasonable, incorporating into antitrust law previously …
By Reason Of Their Sex: Feminist Theory Postmodernism And Justice , Tracy E. Higgins
By Reason Of Their Sex: Feminist Theory Postmodernism And Justice , Tracy E. Higgins
Faculty Scholarship
Both the Supreme Court's jurisprudence of gender and feminist legal theory have generally assumed that some identifiable and describable category of woman exists prior to the construction of legal categories. For the Court, this woman-whose characteristics admittedly have changed over time-serves as the standard against which gendered legal classifications are measured. For feminism, her existence has served a different but equally important purpose as the subject for whom political goals are pursued. To the extent that the definitions of the category diverge, the differences among definitions are played out in feminist critiques of the Court's gender jurisprudence, and, occasionally, in …
Purposeful Approach To Products Liability Warnings And Non-English-Speaking Consumers Notes, Thomas H. Lee
Purposeful Approach To Products Liability Warnings And Non-English-Speaking Consumers Notes, Thomas H. Lee
Faculty Scholarship
This Note examines the problems associated with the duty-towarn doctrine and the non-English-speaking consumer or product user. Part II explains the current duty-to-warn doctrine, emphasizing when a warning is required, to whom the warning must be directed, and how the warning must be given. Next, Part III examines state and federal language-specific statutes, constitutional provisions, and case holdings, emphasizing the most recent cases addressing product warning requirements for non-English-speaking plaintiffs. Part IV then outlines the risks to both product sellers and consumers of continuing the current haphazard approach and suggests a statutory solution to the doctrinal confusion, drawing from the …
The Unsecured Creditor's Bargain: A Reply, Susan Block-Lieb
The Unsecured Creditor's Bargain: A Reply, Susan Block-Lieb
Faculty Scholarship
No abstract provided.
Treaty On Terminal Operator Liability In International Trade, Joseph Sweeney
Treaty On Terminal Operator Liability In International Trade, Joseph Sweeney
Faculty Scholarship
No abstract provided.
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines Include: Front Desk Incident Resolved; Marathon Day for Fordham Students; Fordham Law's Marathon Contingent
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines Include: Bias at The Front Desk, Student, Guard in Race Incident; GALLA Protests JAG Visit Second Year In A Row;
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines Include: SBA Budgets Student Activities; Sonnett Lecture Postponed; Burger to speak December 7; Klausner Gets Answers
O And P Visas For Nonimmigrants And The Impact Of Organized Labor On Foreign Artists And Entertainers And American Audiences, Tibby Blum
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Antitrust And Baseball – A League Of Their Own, Y. Shukie Grossman
Antitrust And Baseball – A League Of Their Own, Y. Shukie Grossman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Arbitration Of Patent Disputes: An Important Option In The Age Of Information Technology, Karl P. Kilb
Arbitration Of Patent Disputes: An Important Option In The Age Of Information Technology, Karl P. Kilb
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Defending The “Decency Clause” In Finley V. National Endowment For The Arts, J. Sarah Kim
Defending The “Decency Clause” In Finley V. National Endowment For The Arts, J. Sarah Kim
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 Vandalism Condemned by Administration; Stressless Job Hunting; A Helping Hand for Battered Women
Past And Current Trends In The Evolution Of Design Protection Law – A Comment, J.H. Reichman
Past And Current Trends In The Evolution Of Design Protection Law – A Comment, J.H. Reichman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Discussion, Robert J. Eck, Thomas J. Hoffmann, William T. Fryer, Iii, Janet L. Hoffman
Panel Discussion, Robert J. Eck, Thomas J. Hoffmann, William T. Fryer, Iii, Janet L. Hoffman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Eec Licensing Of Intellectual Property, Valentine Korah
Eec Licensing Of Intellectual Property, Valentine Korah
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Influences Affecting The Licensing Of Rights In A Unitary European Market, Ronald E. Myrick
Influences Affecting The Licensing Of Rights In A Unitary European Market, Ronald E. Myrick
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.