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Fordham Law School

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Patent And Trademark Developments In The European Community, Oreste Montalto Jun 1993

Patent And Trademark Developments In The European Community, Oreste Montalto

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Discussion, Steven J. Metalitz Jun 1993

Panel Discussion, Steven J. Metalitz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Copyright In The European Economic Community, Jean-Francois Verstrynge Jun 1993

Copyright In The European Economic Community, Jean-Francois Verstrynge

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Discussion, S. Leslie Misrock, Oreste Montalto, Harold C. Wegner Jun 1993

Panel Discussion, S. Leslie Misrock, Oreste Montalto, Harold C. Wegner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Berne Revision: The Continuing Drama, Ralph Oman, Lewis Flacks Jun 1993

Berne Revision: The Continuing Drama, Ralph Oman, Lewis Flacks

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Discussion, Emery Simon, J.H. Reichman, Joel R. Reidenberg, Jean-Francois Verstrynge Jun 1993

Panel Discussion, Emery Simon, J.H. Reichman, Joel R. Reidenberg, Jean-Francois Verstrynge

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Discussion, Valentine Korah, Jean-Francois Verstrynge, Roger J. Goebel Jun 1993

Panel Discussion, Valentine Korah, Jean-Francois Verstrynge, Roger J. Goebel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Discussion, William T. Fryer, Iii, Hugh Griffiths, Jean-Francois Verstrynge, John Richards Jun 1993

Panel Discussion, William T. Fryer, Iii, Hugh Griffiths, Jean-Francois Verstrynge, John Richards

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Database Directive And The Ec’S “Direction” On Copyright: Some Reflections, Steven J. Metalitz Jun 1993

The Database Directive And The Ec’S “Direction” On Copyright: Some Reflections, Steven J. Metalitz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Copyrighting Newscasts: An Argument For An Open Market, Michael W. Baird Mar 1993

Copyrighting Newscasts: An Argument For An Open Market, Michael W. Baird

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Judicial Panel: The Special Role Of The Judiciary In Protecting First Amendment Freedoms, John D. Feerick, Kenneth Conboy, John F. Keenan, Edward M. Rappaport Mar 1993

Judicial Panel: The Special Role Of The Judiciary In Protecting First Amendment Freedoms, John D. Feerick, Kenneth Conboy, John F. Keenan, Edward M. Rappaport

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Realities Of Our Times: The Semiconductor Chip Protection Act Of 1984 And The Evolution Of The Semiconductor Industry, John G. Rauch Mar 1993

The Realities Of Our Times: The Semiconductor Chip Protection Act Of 1984 And The Evolution Of The Semiconductor Industry, John G. Rauch

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Test Of A Taking: An Analysis Of The 1984 Cable Act’S “Mandatory Access” Provision , Marybeth W. Fahey Mar 1993

Test Of A Taking: An Analysis Of The 1984 Cable Act’S “Mandatory Access” Provision , Marybeth W. Fahey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Impact Of The Media On Fair Trial Rights: Panel On Media Access, James C. Goodale, Abraham Abramovsky, Helman R. Brook, James A. Cohen, George Freeman, David A. Schulz, Carolyn Schurr Mar 1993

Impact Of The Media On Fair Trial Rights: Panel On Media Access, James C. Goodale, Abraham Abramovsky, Helman R. Brook, James A. Cohen, George Freeman, David A. Schulz, Carolyn Schurr

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Safeguarding Our Health: Developments In The Management Of Medical Waste, Wendy Stynes Jan 1993

Safeguarding Our Health: Developments In The Management Of Medical Waste, Wendy Stynes

Fordham Environmental Law Review

No abstract provided.


Pinning Gulliver Down: An Environmental Case Study On The Place Of Decentralized Power In Federal Administrative Law Doctrine, Colin Crawford Jan 1993

Pinning Gulliver Down: An Environmental Case Study On The Place Of Decentralized Power In Federal Administrative Law Doctrine, Colin Crawford

Fordham Environmental Law Review

No abstract provided.


Equity And The 1992 Rio Earth Summit, Benjamin A. Goldman Jan 1993

Equity And The 1992 Rio Earth Summit, Benjamin A. Goldman

Fordham Environmental Law Review

No abstract provided.


Environmental Legislation In Poland, Stanislaw Biernat, Andrzej Wasilewski Jan 1993

Environmental Legislation In Poland, Stanislaw Biernat, Andrzej Wasilewski

Fordham Environmental Law Review

No abstract provided.


Legal Protection Against Transboundary Radiation Pollution: A Treaty Proposal, Helmut J. Heiss Jan 1993

Legal Protection Against Transboundary Radiation Pollution: A Treaty Proposal, Helmut J. Heiss

Fordham Environmental Law Review

No abstract provided.


Considering Lead Poisoning As A Criminal Defense, Deborah W. Denno Jan 1993

Considering Lead Poisoning As A Criminal Defense, Deborah W. Denno

Fordham Urban Law Journal

A brief survey of the causes and consequences of lead poisoning suggests that lead poisoning is pervasive, particularly among blacks in urban communities, that it's effects can be debilitating, and that it has been linked to disciplinary problems, aggression, and repetitive and oftentimes violent crime. There is a legitimate question, then, about whether lead poisoning should be considered a viable criminal defense. The question of whether lead poisoning should be a defense is perhaps most appropriately placed in the context of debates regarding free will, determinism, and the ability of social scientists to predict the course of any one individual's …


The Legal, Ethical, And Social Implications Of The "Reasonable Woman" Standard In Sexual Harassment Cases, Robert S. Adler, Ellen R. Peirce Jan 1993

The Legal, Ethical, And Social Implications Of The "Reasonable Woman" Standard In Sexual Harassment Cases, Robert S. Adler, Ellen R. Peirce

Fordham Law Review

In this Article, Professors Adler and Peirce examine the development and implications of the "reasonable woman" standard that is gaining increasing acceptance as the appropriate gauge for measuring the offensiveness of the conduct at issue in sexual harassment cases. The authors begin by reviewing the origins of sexual harassment law under Title VII of the Civil Rights Act of 1964, paying particular attention to the history of "hostile environment" causes of action. Professors Adler and Peirce then discuss how and why the reasonable woman standard evolved as an alternative to the conventional "reasonable man" and "reasonable person "standards that had …


Intercepting Refugees At Sea: An Analysis Of The United States' Legal And Moral Obligations, Suzanne Gluck Jan 1993

Intercepting Refugees At Sea: An Analysis Of The United States' Legal And Moral Obligations, Suzanne Gluck

Fordham Law Review

No abstract provided.


Section 365 Versus 362: Applying The Automatic Stay To Prevent Unilateral Termination In A Bankruptcy Setting, Robert J. Verga Jan 1993

Section 365 Versus 362: Applying The Automatic Stay To Prevent Unilateral Termination In A Bankruptcy Setting, Robert J. Verga

Fordham Law Review

No abstract provided.


Rule 10b-5 As An Adaptive Organism, Donald C. Langevoort Jan 1993

Rule 10b-5 As An Adaptive Organism, Donald C. Langevoort

Fordham Law Review

In this Article, Professor Langevoort examines the adaptive qualities of Rule 10b-5 and how the rule has remained intact despite sweeping changes in the intellectual and political landscapes in which it operates. In Professor Langevoort's view, Rule l0b-5's survival is largely due to the flexibility of its language which has enabled the rule to embrace malleable social perceptions of the securities market and the securities business. Professor Langevoort also addresses the question of whether Rule l0b-5 has outlived its usefulness and should therefore be repealed and replaced by more precisely-drafted legislation. Professor Langevoort concludes that Rule l0b-5's continued survival is …


The Fair Value Of Minority Stock In Closely Held Corporations, Zenichi Shishido Jan 1993

The Fair Value Of Minority Stock In Closely Held Corporations, Zenichi Shishido

Fordham Law Review

In this Article, Professor Shishido examines the various methods—those used by the courts as well as those suggested by law and economics scholars—for determining the fair value of minority stock in closely held corporations. In Professor Shishido's view, the courts' method of weighing—the so-called Delaware block method—fails to arrive at the true value of the minority's shares and often undervalues their worth. Professor Shishido also argues that law and economics scholars fail to differentiate between closely held corporations and publicly held corporations, thus failing to include the effect of corporate law on the fair value of closely held corporate stock.


The Problem Of Withholding In Response To Breach: A Proposal To Minimize Risk In Continuing Contracts, William J. Geller Jan 1993

The Problem Of Withholding In Response To Breach: A Proposal To Minimize Risk In Continuing Contracts, William J. Geller

Fordham Law Review

No abstract provided.


Can Hiv-Negative Plaintiffs Recover Emotional Distress Damages For Their Fear Of Aids?, James C. Maroulis Jan 1993

Can Hiv-Negative Plaintiffs Recover Emotional Distress Damages For Their Fear Of Aids?, James C. Maroulis

Fordham Law Review

No abstract provided.


Employee Misconduct And The Affirmative Defense Of After-Acquired Evidence, Gian Brown Jan 1993

Employee Misconduct And The Affirmative Defense Of After-Acquired Evidence, Gian Brown

Fordham Law Review

No abstract provided.


The Community Reinvestment Act: Good Intentions Headed In The Wrong Direction, Lawrence J. White Jan 1993

The Community Reinvestment Act: Good Intentions Headed In The Wrong Direction, Lawrence J. White

Fordham Urban Law Journal

The Community Reinvestment Act of 1977 (“CRA” or “the Act”) places an obligation on commercial banks and savings and loan associations (“S&Ls”) and savings banks (together with S&Ls, frequently described as “thrifts”) to meet the credit needs of the local communities in which they are chartered consistent with the safe and sound operation of such institutions. The Act offers no greater precision for these phrases, and the task of fleshing them out and enforcing them has been left to the bank and thrift regulatory agencies. This article argues that the CRA approach is fundamentally flawed. It is either redundant (because …


Needed: A Community Experiment In Problem-Oriented Justice, Felice Kirby, Michael Clark, Tim Wall Jan 1993

Needed: A Community Experiment In Problem-Oriented Justice, Felice Kirby, Michael Clark, Tim Wall

Fordham Urban Law Journal

This essay examines some of the problems widely perceived to exist within the criminal justice system. Our experience is that when both the community and the police communicate and become more involved with each other, notable successes have transpired. The strategy of community policing affords the police agency, and through it the community at large, a chance for problem-solving every time an officer responds to an incident. This is in contrast to what is now considered traditional policing, whereby a 911 operator, removed from the scene of the incident, dispatches officers and then urges them to move on as soon …