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Articles 6961 - 6990 of 8572
Full-Text Articles in Entire DC Network
Labor Injunctions Pending Arbitration: Should Courts Enjoin Managements' Unilaterally Implemented Drug-Testing Programs?, Paul Keneally
Labor Injunctions Pending Arbitration: Should Courts Enjoin Managements' Unilaterally Implemented Drug-Testing Programs?, Paul Keneally
Fordham Law Review
No abstract provided.
Inside Outside Leave Me Alone: Domestic And Ec-Motivated Reform In The Uk Securities Industry, Patrick M. Creaven
Inside Outside Leave Me Alone: Domestic And Ec-Motivated Reform In The Uk Securities Industry, Patrick M. Creaven
Fordham Law Review
No abstract provided.
The World Bank And The Imf: At The Forefront Of World Transformation, Kim Reisman
The World Bank And The Imf: At The Forefront Of World Transformation, Kim Reisman
Fordham Law Review
No abstract provided.
The Sleeper Wakes: The History And Legacy Of The Twenty-Seventh Amendment
The Sleeper Wakes: The History And Legacy Of The Twenty-Seventh Amendment
Fordham Law Review
No provision of the United States Constitution has a more drawn-out, tortured history than the Twenty-seventh Amendment, which was ratified more than two centuries after Representative James Madison introduced it in the First Congress. In this Article; Professor Bernstein traces the Amendment's origins to the legislative political culture of the late eighteenth century, as influenced by the controversy over ratifying the Constitution. He then examines the perennial controversies over congressional compensation in American historiy elucidating how in the 1980s and 1990s public anger at Congress reached critical mass sufficient to propel the 1789 compensation amendment into the Constitution. Finally, this …
The Constitution And Capital Sentencing: Pursuing Justice And Equality, Scott W. Howe
The Constitution And Capital Sentencing: Pursuing Justice And Equality, Scott W. Howe
Fordham Law Review
Equal Justice and The Death Penalty: A Legal and Empirical Analysis. By David C. Baldus, George Woodworth and Charles Pulaski, Jr. Boston: Northeastern University Press. 1990. Pp. Vii, 689. $65.00
Dedication To Professor Edward Yorio
Dedication To Professor Edward Yorio
Fordham Law Review
The Board of Editors of the Fordham Law Review Dedicates this Issue to the memory of Professor Edward Yorio Professor of Contracts. Edward Yorio graduated from Harvard Law School with honors in 1971 and was appointed to the faculty of Fordham Law School in 1973. In a very short time, he became a dearly valued member of the legal profession and of the Fordham Law School community. To students who had the privilege of taking his Contracts class, he was a dedicated teacher who inspired them with his energy, mind, and ability to teach. Utilizing his keen wit, Professor Yorio …
Chicken Of The Sea: Gatt Resrictions On United States Environmental Measures Designed To Protect Marine Mammals, Alan S. Rafterman
Chicken Of The Sea: Gatt Resrictions On United States Environmental Measures Designed To Protect Marine Mammals, Alan S. Rafterman
Fordham Environmental Law Review
No abstract provided.
Bachchan V. India Abroad Publication Inc.: The Clash Between Protection Of Free Speech In The United States And Great Britain, Gregory T. Walters
Bachchan V. India Abroad Publication Inc.: The Clash Between Protection Of Free Speech In The United States And Great Britain, Gregory T. Walters
Fordham International Law Journal
This Comment argues that, although the New York Supreme Court reached the correct opinion in Bachchan v. India Abroad Publ., but the scope of the court's decision must be limited limited in its application with respect to future enforcement proceedings involving non-U.S. libel judgments. Part I examines the contrasting defamation standards in the United States and Great Britain, and details the concept of comity. Part II sets forth the factual and procedural history of the case and examines the opinion of the court. Part III analyzes the Bachchan decision and argues that, while the result was appropriate to the facts …
Indeterminacy, Justification And Truth In Constitutional Theory, Robert Justin Lipkin
Indeterminacy, Justification And Truth In Constitutional Theory, Robert Justin Lipkin
Fordham Law Review
In this Article, Professor Lipkin continues the debate over the nature of indeterminacy in constitutional theory, arguing that epistemic indeterminacy is most relevant to the law, because epistemic indeterminacy is more closely tied to practical reasoning than is metaphysical indeterminacy. Professor Lipkin further argues that the controversy over metaphysical or epistemic indeterminacy is really a controversy over truth or justification as the primary form of validating constitutional rules. In Professor Lipkin's view, the search for constitutional truth should be abandoned or, at best, should be treated as a trivial result of the best justification. Finally, Professor Lipkin proposes a new …
Causal Comparisons, Robert N. Strassfeld
Causal Comparisons, Robert N. Strassfeld
Fordham Law Review
Focusing on the multiple meanings of the statement "A was a more important cause of C than was B," Professor Strassfeld considers the feasibility of comparative causation as a means of apportioning legal responsibility for harms. He concludse that by combining two different interpretations of "more important cause"--judgments of comparative counterfactual similarity and the Uniform Comparative Fault Act approach of comparative responsibility--we can effectively make causal comparisons and avoid the effort to compare such incommensurables as the defendant's fault under a strict liability standard and the plaintiff's failt for failure to exercise reasonable care.
The Advocate: Should He Speak Or Write?, The Rt. Hon. Lord Mackay
The Advocate: Should He Speak Or Write?, The Rt. Hon. Lord Mackay
Fordham Law Review
This speech was given by The Rt. Hon. Lord Mackay on April 3, 1991, at Fordham University's School of Law as the John F. Sonnet Memorial Lecture.
Lehnert V. Ferris Faculty Association: Accounting To Financial Core Members: Much A-Dues About Nothing?, Calvin Siemer
Lehnert V. Ferris Faculty Association: Accounting To Financial Core Members: Much A-Dues About Nothing?, Calvin Siemer
Fordham Law Review
No abstract provided.
The Rationalist Tradition At Trial, James L. Kainen
The Rationalist Tradition At Trial, James L. Kainen
Fordham Law Review
Analysis of Evidence: How to Do Things With Facts Based On Wigmore's Science of Judicial Proof, By Terrence Anderson and William Twining (with an Appendix on Probablity and Proof by Philip Dawid). Little, Brown and Company, and London: George Weidenfeld and Nicolson, Ltd., 1991. Pp. 457. $22.00. (Teacher's Manual. Pp. 181)
Bumper Cars: Themes Of Convergence In International Regulation, Michael P. Malloy
Bumper Cars: Themes Of Convergence In International Regulation, Michael P. Malloy
Fordham Law Review
In this Article, Professor Malloy examines the convergence of regulatory standards among international regulators, suggesting that the dynamic of financial services regulation can be best understood as a conceptualized version of the bumper cars ride at an amusement park. While Professor Malloy suggests that a certain degree of convergence has already occurred in international regulation, thus decreasing the number of "bumps" in the ride, he also recognizes that much of this convergence remains propsective rather than actual, and currently is dominated by a pattern of regionalized regulation. Professor Malloy argues that, unless a converged pattern of regulation continues to develop, …
U.S. Restructuring Legislation: Revising The International Banking Act Of 1978, For The Worse?, Cynthia C. Lichtenstein
U.S. Restructuring Legislation: Revising The International Banking Act Of 1978, For The Worse?, Cynthia C. Lichtenstein
Fordham Law Review
The Federal Deposit Insurance Corporation Improvement Act of 1991 contains several sections dealing with the regulation of foreign banks in the United States. In this Article, Professor Lichenstein gives a critical analysis of the new foreign-bank legislation. After arguing that these legislative changes do not adequately address the emerging financial marketplace, Professor Lichtenstein offers a modest proposal for revising the U.S. regulatory structure.
An American Reflection On Turkey's Financial Leasing Industry, Carl Felsenfeld
An American Reflection On Turkey's Financial Leasing Industry, Carl Felsenfeld
Fordham Law Review
No abstract provided.
The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg
The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg
Fordham Law Review
Professor Reidenberg addresses the challenge to transnational financial services resulting from national regulation of information processing. National laws around the world seek to define fair information practices for the private sector and contain prohibitions on data transfers to foreign destinations that lack sufficient privacy protection. The effect of these laws for the financial services industry is significant because financial services depend on personal information. Professor Reidenberg argues that the international attempts to harmonize information processing encourage divergence of national standards for financial services. He argues that regulatory flexibility and customization is necessary to support financial sevices and accomodate, without circumventing, …
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Overthrow Of Monroe V. Pape: A Chapter In The Legacy Of Thurgood Marshall, Conrad K. Harper
Fordham Law Review
As the first Director-Counsel of the NAACP Legal Defense and Education Fund, otherwise known as the "Inc. Fund," Thurgood Marshall helped establish the Inc Fund's tradition of landmark civil rights litigation. Mr. Harper discusses in this article the role played by the Inc Fund and Justice Marshall in overthrowing Monroe v. Pape and its curtailment of civil rights suits against municipalities. The instrument for change was Harkdess v. Sweeny Independent School District, a suit filed on behalf of seventeen Black schoolteachers who were discriminatorily fired by a Texas school district.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Learning Together: Justice Marshall's Desegregation Opinions, Maria L. Marcus
Fordham Law Review
In this Article, Professor Marcus examines the influence of Justice Thurgood Marshall on the Supreme Court's current school desegregation agenda. Justice Marshall was part of the majority in desegregation cases during his earlier years on the high Court subsequently, however, his role became one of dissenter. Professor Marcus analyzes the divisive issues facing the Court in desegregation litigation, Marshall's positions on such issues, and his legacy to the Court in this area. Finally, the Article assesses the vitality of this legacy in light of two Supreme Court decisions issued after Justice Marshall's retirement.
Building Upon The Architectural Works Protection Act Of 1990, Vanessa N. Scaglione
Building Upon The Architectural Works Protection Act Of 1990, Vanessa N. Scaglione
Fordham Law Review
No abstract provided.
Why So Many Lawyers? Are They Good Or Bad?, Robert C. Clark
Why So Many Lawyers? Are They Good Or Bad?, Robert C. Clark
Fordham Law Review
In this essay, Dean Clark examines the popular notion that the United States has too many lawyers and that this abundance burdens the nation. While acknowledging the great growth of law and lawyers in recent decades, Dean Clark argues that, before denouncing this trend, we should first seek to develop a fuller explanation of its causes and consequences. After discussing just what it is that lawyers do, Dean Clark critiques three current "cancerous growth" theories that attempt to explain why there has been such a great and unhealthy increase in the number of lawyers Dean Clark then offers and analyzes …
The Last Promissory Estoppel Article, Jay M. Feinman
The Last Promissory Estoppel Article, Jay M. Feinman
Fordham Law Review
In this essay, Professor Feinman argues that the doctrine of promissory estoppel has outlived its usefulness as a theory of contract Professor Feinman relies on an article written by Professors Edward Yorio and Steven Thel as an illustration of the debate over whether promissory estoppel is based upon the enforcement of promises or the protection of reliance. Professor Feinman rejects the conceptual framework upon which this debate is based and ultimately proposes that contract law should move to a relational analysis, ignoring the distinction between promise and reliance and replacing it with an analysis of the obligations involved in a …
The Empire Strikes Back: The Taking Of Joe Doherty, James T. Kelly
The Empire Strikes Back: The Taking Of Joe Doherty, James T. Kelly
Fordham Law Review
In this Article, Mr. Kelly summarizes the eight year diplomatic and legal effort to return Joe Doherty, a member of the Provisional Irish Republican Army, from the United States to the United Kingdom, where he was wanted for his role in the death of a British soldier and for his escape from prison. The Article begins by considering the British-Irish conflict over the partition of Ireland and the political and diplomatic role the United States has played in mediating that conflict. It then recounts the unsuccessful efforts of the United States and the United Kingdom to extradite Doherty, and the …
"Protection" Of Volunteers Under Federal Employment Law: Discouraging Voluntarism, Leda E. Dunn
"Protection" Of Volunteers Under Federal Employment Law: Discouraging Voluntarism, Leda E. Dunn
Fordham Law Review
No abstract provided.
New Legal Effects Resulting From The Failure Of States To Fulfill Obligations Under European Community Law: The Francovich Judgement, John Temple Lang
New Legal Effects Resulting From The Failure Of States To Fulfill Obligations Under European Community Law: The Francovich Judgement, John Temple Lang
Fordham International Law Journal
This Article examines a decision of the Court of Justice of the European Communities that is likely both to ensure much greater protection for the rights of citizens and companies in the European Community, and to bring about a higher level of compliance with Community law by EC Member States. In brief, the Court ruled that in certain circumstances a Member State is liable to pay compensation to private parties if it has failed to implement a directive. To see how the Court of Justice reached this conclusion, and to assess the judgment's importance, it is necessary to summarize previous …
Eec Competiton Practice: A Thirty-Year Retrospective, Donald L. Holley
Eec Competiton Practice: A Thirty-Year Retrospective, Donald L. Holley
Fordham International Law Journal
The choice in this Article is to focus on a limited number of points, and then to offer some general conclusions. The plan is to move as much as possible on a chronological basis, starting with the early confrontation in 1962 with the notification process under Regulation 17 and arriving at Council Regulation No. 4064/89 (the "Merger Regulation"), treating in between individual aspects of practice, such as dealing with the DG-IV staff, sources of law, the role of economics, and the role of national courts. The potential scope of each of these points of course leaves wide options to an …
The Court Of First Instance: The First Three Years, Marc Van Der Woude
The Court Of First Instance: The First Three Years, Marc Van Der Woude
Fordham International Law Journal
This Article examines the way the CFI has exercised its jurisdiction in the category of cases concerning EC competition matters, from the beginning of its activities until June 30, 1992. The first three sections of this Article are of an institutional nature. They deal respectively with the definition of the CFI's competence, its working methods as specified by its new Rules of Procedure, and its productivity in comparison to that of the Court of Justice. The fourth section gives a survey of some selected issues of its jurisprudence.
Wanted: Criminal Justice -Colombia's Adoption Of A Prosecutorial System Of Criminal Procedure, Michael R. Pahl
Wanted: Criminal Justice -Colombia's Adoption Of A Prosecutorial System Of Criminal Procedure, Michael R. Pahl
Fordham International Law Journal
This Article explores the fundamental historical change in Colombia's criminal procedure. Part I of this Article will present a brief history of the inquisitorial system of criminal procedure, laying the foundation for an understanding the unique Columbian development of criminal procedure. A description of Colombia's inquisitorial system follows, focusing especially on structural barriers in the previous inquisitorial system that hampered effective law enforcement. Part II discusses the failure of the inquisitorial system. A description of the prosecutorial system adopted in November 1991 is then presented in Part III.
Valentine Korah & Warwick A. Rothnie, Exclusive Distribution And The Eec Competition Rules: Regulations 1983/83 & 1984/83, Peter Alexiadis
Valentine Korah & Warwick A. Rothnie, Exclusive Distribution And The Eec Competition Rules: Regulations 1983/83 & 1984/83, Peter Alexiadis
Fordham International Law Journal
The second edition of Exclusive Distribution is, quite frankly, an indispensable source when reviewing the compatibility of exclusive distribution agreements with Article 85 of the Treaty Establishing the European Economic Community (the "EEC Treaty"). Its indispensability lies, in part, in the fact that distribution issues comprise the vast bulk of an EEC competition practitioner's ongoing antitrust work. The provision of exclusive territories, or the promise to purchase on an exclusive basis are, in turn, the most popular forms of distribution arrangement used in the EEC. The indispensability also lies in the fact that the book manages to cover almost every …
Weakness Of The Collateral Consequences Doctrine: Counsel's Duty To Inform Aliens Of The Deportation Consequences Of Guilty Pleas, Guy Cohen
Fordham International Law Journal
This Note argues that attorneys have an affirmative duty to inform defendants of the immigration ramifications of guilty please. Part I analyzes the general test for ineffective assistance of counsel, the rules and standards related to guilty please and the overlap between criminal law and immigration law. Part II examines the split of authority in the lower courts over whether misinforming or failing to inform defendants about immigration reprecussions should result in reversal of guilty pleas. Part III argues that attorneys have a duty to inform aliens of the deportation possibilities of guilty pleas.