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Fordham Law School

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Parting Is Such Sweet Sorrow: The Application Of Title Vii To Post-Employment Retaliation, Patricia A. Moore Jan 1993

Parting Is Such Sweet Sorrow: The Application Of Title Vii To Post-Employment Retaliation, Patricia A. Moore

Fordham Law Review

No abstract provided.

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Civil Forfeiture: A Higher Form Of Commercial Law?, Steven L. Schwarcz, Alan E. Rothman Jan 1993

Civil Forfeiture: A Higher Form Of Commercial Law?, Steven L. Schwarcz, Alan E. Rothman

Fordham Law Review

In this Article, Messrs. Schwarcz and Rothman analyze the disquieting impact of civil forfeiture law on creditors' rights. The Article begins by describing the historical origins of civil forfeiture and its development into current day law. The Article then explores the tension between forfeiture law and commercial and bankruptcy law by examining the effect of a forfeiture action on unsecured and undersecured creditors. The Article evaluates a recent model for balancing governmental and commercial law interests, and concludes by suggesting reforms to the present civil forfeiture scheme.

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Vertical Restraints, Efficiency, And The Real World, Jean Wegman Burns Jan 1993

Vertical Restraints, Efficiency, And The Real World, Jean Wegman Burns

Fordham Law Review

In this Article, Professor Burns addresses the rise of economic efficiency in antitrust jurisprudence. She argues that the theory is incomplete in that it fails to address “noneconomic” concerns, such as dealer fairness, intraband competition, and business ethics, which society wishes addressed. Societal concern, she argues, is evidenced by the rise of dealer fairness remedies outside the realm of antitrust law. In addition, she argues that the public regards the economic efficiency theory as out of touch with reality as evidenced by the vocal opposition of sophisticated consumer groups to modern Chicago-School-influenced antitrust jurisprudence. She concludes by voicing support for …

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Nissho Iwai American Corp. V. United States: Customs Appraisement And Middleman Pricing Under Section 402 Of The Tariff Act Of 1930, Michael E. Roll Jan 1993

Nissho Iwai American Corp. V. United States: Customs Appraisement And Middleman Pricing Under Section 402 Of The Tariff Act Of 1930, Michael E. Roll

Fordham International Law Journal

This Comment argues that the Federal Circuit correctly rejected Customs' “most direct cause” test. Part I explains the transaction value of the imported merchandise valuation method and traces its legislative history. In addition, Part I reviews Customs and prior judicial treatment of middleman import transactions. Part II describes the Federal Circuit's decision in Nissho Iwai. Part III argues that Customs' “most direct cause” test is contrary to judicial precedent and unsupported by the legislative history of Section 402. Part III also discusses the implications and limitations of Nissho Iwai for American importers. This Comment concludes that Nissho Iwai represents a …

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A Privatization Test: The Czech Republic, Slovakia And Poland, Michele Balfour, Cameron Crise Jan 1993

A Privatization Test: The Czech Republic, Slovakia And Poland, Michele Balfour, Cameron Crise

Fordham International Law Journal

The nations of the former Communist bloc face a task unparalleled in the annals of world history. By promoting allocation of market resources based on politics and social policy instead of economic efficiencies, the former regimes created economies of inefficiency. Committed economic reformers face the task of reallocating resources from inefficient producers dependent on government monies to competitive independent market players. This transformation is known as privatization. Privatization is an arduous process, which cannot be accomplished all at once. By shifting assets from uncompetitive players to competitive ones, privatization will impose economic hardship on the public, which will demand the …

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Computerized Reservation Systems For Air Transport: Remarks On The European Community Legislation, Raffaele Cavani Jan 1993

Computerized Reservation Systems For Air Transport: Remarks On The European Community Legislation, Raffaele Cavani

Fordham International Law Journal

This Essay points out the major legal issues related to the development of the Computerized Reservation Systems (“CRS”) and evaluates whether the EC approach has achieved satisfactory results, mainly from the standpoint of consumer protection. My critique is essentially that the EC has ruled the CRS by means of legislation that tends to be hyper-technical, difficult to interpret, and, at the same time, extremely vague when it comes to defining unlawful conduct and potential sanctions. This Essay argues that more in-depth regulatory reform should be undertaken by the EC, in order to enhance competition and benefit travellers. This Essay is …

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The International Dimension Of Competition Policy, Claus-Dieter Ehlermann Jan 1993

The International Dimension Of Competition Policy, Claus-Dieter Ehlermann

Fordham International Law Journal

In the 1960s and 1970s, many articles were written and speeches delivered on international competition law. In the last few years, however, the topic has been given a new and much wider meaning. The changing world economy and increasing internationalization of business transactions have created a new, global environment and new challenges for competition policy. Increasingly, developments outside of one's own market sphere have an impact on one's local competitive situation.

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The Injustice Of Environmental Justiciability: Public Citizen V. Office Of The United States Trade Representative, Paul N. Sheridan Jan 1993

The Injustice Of Environmental Justiciability: Public Citizen V. Office Of The United States Trade Representative, Paul N. Sheridan

Fordham International Law Journal

This Comment argues that the D.C. Circuit in Public Citizen II erred in finding that there was no “final agency action”. Part I of this Comment explores the statutory requirements of NEPA and the APA as well as the law of the various justiciability doctrines. Part I also examines the impact of NAFTA and the Uruguay Round of GATT on the litigation. Part II details the historical background, procedural posture, facts and findings in the Public Citizen cases. Part III argues that the D.C. Circuit interpreted final agency action in Public Citizen II too narrowly. Finally, this Comment concludes that …

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Promoting International Respect For Worker Rights Through Business Code Of Conduct, Jorge F. Perez-Lopez Jan 1993

Promoting International Respect For Worker Rights Through Business Code Of Conduct, Jorge F. Perez-Lopez

Fordham International Law Journal

This Article explores the promotion of international respect for worker rights through codes of conduct for U.S. businesses operating abroad. The emphasis is on codes of conduct that have been expressly developed to apply to U.S. corporations or their suppliers. Therefore, codes developed by international organizations to deal with labor practices of multinational corporations, without regard to the country of origin of the corporation, are beyond the scope of this article. Part I of the Article describes several codes of conduct promoting fair labor standards that apply to U.S. businesses operating abroad. Part II outlines administrative and legislative efforts designed …

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The Social Group That Dare Not Speak Its Name: Should Homosexuals Constitute A Particular Social Group For Purposes Of Obtaining Refugee Status? Comment On Re: Inaudi, Ellen Vagelos Jan 1993

The Social Group That Dare Not Speak Its Name: Should Homosexuals Constitute A Particular Social Group For Purposes Of Obtaining Refugee Status? Comment On Re: Inaudi, Ellen Vagelos

Fordham International Law Journal

Recently, a Canadian administrative tribunal recognized homosexuals as a particular social group. In April 1992, the Convention Refugee Determination Division (the “CRDD”) of the Canadian Immigration and Refugee Board (the “Canadian IRB”) granted refugee status to an Argentine man who was persecuted in Argentina because of his homosexuality.The Canadian IRB held in Re: Inaudi that homosexuals constitute a particular social group for the purpose of satisfying the definition of “refugee.” Re: Inaudi is similar to the two U.S. administrative decisions in that Re: Inaudi does not have precedential value. This Comment argues that U.S. courts and administrative agencies should rely …

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No Easy Talk: South Africa And The Suppression Of Political Speech, D.S.K. Culhane Jan 1993

No Easy Talk: South Africa And The Suppression Of Political Speech, D.S.K. Culhane

Fordham International Law Journal

This article will examine the direct and indirect regulation of political speech in a chronological manner, concluding with the statutory and regulatory environment under State President Frederik W. de Klerk, the Interim Constitution and the events leading up to the watershed April elections. The direct regulation of political speech in post-1948 South Africa has been effected primarily through the Suppression of Communism Act and its successor, the Internal Security Act of 1982, the Publications and Entertainments Act and its successor, the Publications Act, a series of miscellaneous legislation imposing various substantive restrictions on private and public speech, and finally, executive …

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Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen Jan 1993

Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen

Faculty Scholarship

Post-New Deal constitutionalism is in search of a theory that justifies judicial intervention on behalf of individual rights while simultaneously avoiding the charge of "Lochnerism."' The dominant historical view dismisses post-bellum substantive due process as an anomalous development in the American constitutional tradition. Under this approach, Lochner represents unbounded protection for economic rights that permitted the judiciary to read laissez faire, pro-business policy preferences into the constitutional text. Today's revisionists have mounted a substantial challenge to the dismissive views of traditionalists. Indeed, some claim Lochner reached the right result, but for the wrong reason. The revisionists characterize substantive due process …

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Using Comparative Fault To Replace The All-Or-Nothing Lottery Imposed In Intentional Torts Suits In Which Both Plaintiff And Defendant Are At Fault , Gail D. Hollister Jan 1993

Using Comparative Fault To Replace The All-Or-Nothing Lottery Imposed In Intentional Torts Suits In Which Both Plaintiff And Defendant Are At Fault , Gail D. Hollister

Faculty Scholarship

All or nothing. For years this idea of absolutes has been a hallmark of tort law despite the inequities it has caused. Plaintiffs must either win a total victory or suffer total defeat. In recent years courts and legislatures have begun to recognize the injustice of the all-or-nothing approach and to replace it with rules that permit partial recoveries that are more equitably tailored to the particular facts of each case. The most dramatic example of this more equitable approach is the nearly universal rejection of contributory negligence in favor of comparative fault in negligence cases. Almost all jurisdictions, however, …

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Bank Holding Company Act: Has It Lived Its Life, The , Carl Felsenfeld Jan 1993

Bank Holding Company Act: Has It Lived Its Life, The , Carl Felsenfeld

Faculty Scholarship

The Bank Holding Company Act of 1956 (BHCA) "regulates the acquisition of state and national banks by bank holding companies." The BHCA also regulates the nonbanking activities of bank holding companies and their nonbank subsidiaries. The BHCA was enacted and remains on the books for two fundamental reasons: 1) to prevent undue concentration in banking; and 2) to avoid the mixing of banking with other businesses unrelated to banking (generally called "commerce"). Both of these purposes have been or are being discredited, and it is time to ask whether the BHCA should be repealed. On several levels, banking is combined …

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Should Mcmahon Be Revisited?, Constantine N. Katsoris Jan 1993

Should Mcmahon Be Revisited?, Constantine N. Katsoris

Faculty Scholarship

No abstract provided.

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Antitrust Liability For Collective Speech: Medical Society Practice Standards, Mark R. Patterson Jan 1993

Antitrust Liability For Collective Speech: Medical Society Practice Standards, Mark R. Patterson

Faculty Scholarship

No abstract provided.

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Twelve Letters From Arthur L. Corbin To Robert Braucher Annotated, Joseph Perillo Jan 1993

Twelve Letters From Arthur L. Corbin To Robert Braucher Annotated, Joseph Perillo

Faculty Scholarship

No abstract provided.

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"Controlling" The Shifting Sands: Minority Shareholdings Under Eec Competition Law, Barry E. Hawk, Henry L. Huser Jan 1993

"Controlling" The Shifting Sands: Minority Shareholdings Under Eec Competition Law, Barry E. Hawk, Henry L. Huser

Fordham International Law Journal

Significant shifts have occurred during the past three years in the control thresholds that determine whether an acquisition of a minority shareholding will be subject to one or more EEC competition laws. The scope and effects of these shifts are neither clear nor necessarily consistent. The Commission appears on the one hand to have expanded the Merger Regulation's concept of decisive influence to reach a variety of minority shareholdings previously falling within the Philip Morris influence standard, while on the other hand to have expanded the Philip Morris influence standard to reach not only transactions previously thought to be passive …

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Hedging European Integration: The Maastricht Judgment Of The Federal Constitutional Court Of Germany, Karl M. Meessen Jan 1993

Hedging European Integration: The Maastricht Judgment Of The Federal Constitutional Court Of Germany, Karl M. Meessen

Fordham International Law Journal

This Essay will report, analyze, and criticize the eighty-five page opinion of the Constitutional Court. Notwithstanding any criticism, the judgment is certain to have an impact on the European Union as it emerges from the Maastricht Treaty. The concluding section will assess that impact. By way of introduction, the following section will give a survey of earlier opinions rendered by the Constitutional Court on issues relating to European integration.

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Paul O'Mahony, Crime And Punishment In Ireland, Donal E.J. Mac Namara Jan 1993

Paul O'Mahony, Crime And Punishment In Ireland, Donal E.J. Mac Namara

Fordham International Law Journal

Only within the last decade, however, have courses in comparative justice systems proliferated, usually in schools or departments of criminology, criminal justice, police and/or corrections administration, and more frequently in graduate than undergraduate programs. Several factors contribute to the lack of interest in comparative criminology. First, the United States has had a long history of isolationism. A second area of difficulty arises from the paucity of readily available source materials available to professors and students. English on the criminal justice systems of non-English speaking nations are much more limited and of widely varying quality. Courses on comparative criminal justice, offered …

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The Principle Of Subsidiarity And The Environment In The European Union: Keeping The Balance Of Federalism, Koen Lenaerts Jan 1993

The Principle Of Subsidiarity And The Environment In The European Union: Keeping The Balance Of Federalism, Koen Lenaerts

Fordham International Law Journal

Part I of this Article traces the emergence of the principle of subsidiarity in the Community legal order, with some special reference to the environment. Part II analyzes the three paragraphs of Article 3b, again with particular emphasis on the environment. This Article concludes that “subsidiarity” will not stand in the way of the further development of Community environmental policy along the lines that it has been following so far.

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The Advocate, The Advocate, Fordham Law School Dec 1992

The Advocate, The Advocate, Fordham Law School

The Advocate

Judge Pierce Attracts the Largest Audience Ever for a Sonnett Lecture; Personal Safety; New York Bar Group Favors Easing Restrictions for Bar Exam Appeals

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John F. Sonnett Memorial Lecture Series: Appellate Advocacy: Some Reflections From The Bench, Lawrence W. Pierce Nov 1992

John F. Sonnett Memorial Lecture Series: Appellate Advocacy: Some Reflections From The Bench, Lawrence W. Pierce

Lectures

Lecture by Judge Lawrence W. Pierce of United States Court of Appeals for the Second Circuit (1981-1995) regarding advocacy skills.

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Wright V. Warner Books, Inc.: The Latest Chapter In The Second Circuit's Continuing Struggle With Fair Use And Unpublished Works, Ginger A. Gaines Oct 1992

Wright V. Warner Books, Inc.: The Latest Chapter In The Second Circuit's Continuing Struggle With Fair Use And Unpublished Works, Ginger A. Gaines

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Copyright Protection And Computer Programs: Identifying Creative Expression In A Computer Program's Nonliteral Elements, Lisa C. Green Oct 1992

Copyright Protection And Computer Programs: Identifying Creative Expression In A Computer Program's Nonliteral Elements, Lisa C. Green

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Fordham Lawyer, Vol. 2 No. 2 - Summer 1992, Fordham Law School Jun 1992

Fordham Lawyer, Vol. 2 No. 2 - Summer 1992, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.

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The Advocate, The Advocate, Fordham Law School Apr 1992

The Advocate, The Advocate, Fordham Law School

The Advocate

Public Interest Resource Center Holds First Annual Dinner; FSSF Auction Proceeds Matched by Dean; Coffee and Bias Talk at the South African Consulate

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The Advocate, The Advocate, Fordham Law School Mar 1992

The Advocate, The Advocate, Fordham Law School

The Advocate

Over $30,000 raised at FSSF Auction; Astonishing Turnout Fosters a Spirit of Community and Generosity; Mandatory Pro-Bono Debated at Fordham; Faculty Suspends Consideration for Another Year

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The Cold Truth: Have Attorneys Really Chilled The Ski Industry?, Charles J. Sanders, Jacqueline Gayner Mar 1992

The Cold Truth: Have Attorneys Really Chilled The Ski Industry?, Charles J. Sanders, Jacqueline Gayner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Strategic Management Of Intangible Assets – A Manager’S Overview, Edward E. Frankel, William J. Murphy, Iii, R. Drew Ogden Mar 1992

Strategic Management Of Intangible Assets – A Manager’S Overview, Edward E. Frankel, William J. Murphy, Iii, R. Drew Ogden

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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