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Articles 6991 - 7020 of 8570
Full-Text Articles in Entire DC Network
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.
Pietro S. Nivola, Regulating Unfair Trade, Victor Essien
Pietro S. Nivola, Regulating Unfair Trade, Victor Essien
Fordham International Law Journal
In his earlier work, Nivola displayed his ability to urge acceptance of controversial viewpoints. In his most recent work, Regulating Unfair Trade,' Mr. Nivola has outdone himself. Even those who disagree with some of his analyses and conclusions will acknowledge that his views are informed and balanced. Furthermore, his presentation is thorough and his style is easy to follow. Mr. Nivola divides the discussion into seven chapters. In the first chapter, "Gulliver's Travail," he describes the objective for his enterprise. In the second chapter, he maps out the terrain. In chapter three, he sets the general tone for the discussion. …
Privacy In The Information Economy: A Fortress Or Frontier For Individual Rights?, Joel R. Reidenberg
Privacy In The Information Economy: A Fortress Or Frontier For Individual Rights?, Joel R. Reidenberg
Faculty Scholarship
No abstract provided.
Starboard Hand Rule Under The 1972 Collision Regulations, Joseph Sweeney
Starboard Hand Rule Under The 1972 Collision Regulations, Joseph Sweeney
Faculty Scholarship
No abstract provided.
The Promissory Basis Of Past Consideration, Steve Thel, Edward Yorio
The Promissory Basis Of Past Consideration, Steve Thel, Edward Yorio
Faculty Scholarship
No abstract provided.
Lethal Fiction: The Meaning Of "Counsel" In The Sixth Amendment , Bruce A. Green
Lethal Fiction: The Meaning Of "Counsel" In The Sixth Amendment , Bruce A. Green
Faculty Scholarship
Charles Bell, Donald Paradis, and Shirley Tyler were tried in different states for murder. Each was convicted and sentenced to death. Charles Bell was represented at trial by a recent law school graduate who had never before tried a criminal case to completion. Donald Paradis's lawyer had passed the bar exam six months earlier, had never previously represented a criminal accused, and had not elected courses in criminal law, criminal procedure, or trial advocacy while in law school. Shirley Tyler's trial lawyer was also a member of the bar for only a few months. He had defended one previous assault …
"Death Is Different" And Other Twists Of Fate, Deborah W. Denno
"Death Is Different" And Other Twists Of Fate, Deborah W. Denno
Faculty Scholarship
Professor Welsh White's book, The Death Penalty in the Nineties, reviews those United States Supreme Court decisions and developments that have occurred in the four years since the publication of his earlier book, The Death Penalty in the Eighties. In The Nineties, White claims that these recent developments, which have significantly limited capital defendants' habeas corpus appeals, are likely to increase both the rate and the geographical reach of executions which, in the past, have occurred mostly in the South. After discussing some of the analytical and methodological shortcomings of The Nineties, this review will focus on The Nineties' most …
Inaugural Address Inaugural Address, John D. Feerick
Inaugural Address Inaugural Address, John D. Feerick
Faculty Scholarship
I am honored and humbled to accept the designation of the Nominating Committee and membership to become president of this venerable Association. I feel especially privileged to be the first member of the academic community to be chosen since Robert McKay, who was for me a role model and special friend. In accepting this designation, I become heir to a tradition of remarkable service by the presidents of this Association for more than 120 years. Their names are synonymous with the best of the American legal profession in so many ways, and especially if judged by a standard of commitment …
But The Proposed Uniform Commercial Code Was Adopted Is The Ucc Dead, Or Alive And Well, Carl Felsenfeld
But The Proposed Uniform Commercial Code Was Adopted Is The Ucc Dead, Or Alive And Well, Carl Felsenfeld
Faculty Scholarship
The oldest living resident may recognize that the title above is de- rived from an article written by Professor Frederick K. Beutel of the Yale Law School, which appeared in the 1952 Yale Law Journal. Professor Beutel began his article by stating that the UCC should not be adopted and concluded by advising that it would "mark the beginning of the end of fairness and uniformity in the commercial law." Beutel's advice was not taken, and, with relatively modest modifications, the UCC has been adopted in all states. This Essay investigates whether Professor Beutel's concerns were justified.
Establishing Fault In Collision Cases, Joseph Sweeney
Establishing Fault In Collision Cases, Joseph Sweeney
Faculty Scholarship
No abstract provided.
The Political Balance Of The Religion Clauses, Abner S. Greene
The Political Balance Of The Religion Clauses, Abner S. Greene
Faculty Scholarship
When the Supreme Court held in Employment Division v. Smith that the Free Exercise Clause does not protect religious practices from otherwise valid laws that incidentally burden those practices, it followed a particular theory of democratic politics. That some laws might unintentionally burden certain religious practices is, said the Court, an "unavoidable consequence of democratic government [that] must be preferred to a system in which each conscience is a law unto itself." The Court was certainly right in one sense: To claim that conscientious objection to an otherwise valid law should exempt one from that law is to claim that …
European Community And Eastern Europe: Deepening And Widening The Community Brand Of Economic Federalism, The Symposium: Federalism For The New Europe, Roger J. Goebel
European Community And Eastern Europe: Deepening And Widening The Community Brand Of Economic Federalism, The Symposium: Federalism For The New Europe, Roger J. Goebel
Faculty Scholarship
The purpose of this article is to analyze the federal character of the European Community with particular reference to its relation to the new democracies of central and eastern Europe. This article consists of five parts. In Part I, the Court of Justice's constitutional doctrines describing the supranational character of the Community will be presented. Parts II and III will outline and analyze the Community's scope of action and its institutional structure, both as originally conceived and as modified by its history, notably by the SEA. Part IV will review and analyze the most important changes affecting the Community's scope …
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Construction of Lincoln Center Dorm Underway: Hopes Arise for a Renewed Sense of Community at Lincoln Center; National Lawyers Guild President Speaks Out on Bias; Judge Pierce Honored at Portrait Unveiling
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Law Review Institutes Affirmative Action Policy; Committee Forms to Bash Bias
Protecting Performance Rights Under The Derivative Works Exception, Joseph Hubicki
Protecting Performance Rights Under The Derivative Works Exception, Joseph Hubicki
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Consumer Protection Provisions Prohibiting “Deceptive Practices” And “False Advertising”: Proper Vehicles For The Protection Of Intellectual Property, Hugh C. Hansen
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Recent United States Copyright Reforms: Congress Catches The Spirit Of Berne, Graeme B. Dinwoodie
Recent United States Copyright Reforms: Congress Catches The Spirit Of Berne, Graeme B. Dinwoodie
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
Fordham Welcomes New Faculty; CPC Addresses Market Conditions: An Interview with Career Planning Director Kathleen Brady
John F. Sonnett Memorial Lecture Series: The Advocate: Should He Speak Or Write?, James Mackay
John F. Sonnett Memorial Lecture Series: The Advocate: Should He Speak Or Write?, James Mackay
Lectures
Lecture by Lord Chancellor James Mackay of Great Britain (1987-1997) regarding advocacy skills. Document includes a speaker introduction and handwritten notes.
Dawson V. Hinshaw Music, Inc.: The Fourth Circuit Revistis Arnstein And The 'Intended Audience" Test, Philip C. Baxa, M William Krasilovsky
Dawson V. Hinshaw Music, Inc.: The Fourth Circuit Revistis Arnstein And The 'Intended Audience" Test, Philip C. Baxa, M William Krasilovsky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover
The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Tenements And Takings: Tenement House Department Of New York V. Moeschen As A Counterpoint To Lochner V. New York, Judith A. Gilbert
Tenements And Takings: Tenement House Department Of New York V. Moeschen As A Counterpoint To Lochner V. New York, Judith A. Gilbert
Fordham Urban Law Journal
“The sharp rightward shift in land use law, and particularly in ‘takings’ jurisprudence, in the 1980s prompted anguished responses from advocates of government regulation who characterized the trend as a ‘return to the good old days of Locke and Lochner,’ ‘the Reagan Revolution's Lochnerian [r]eturn,’ ‘a revival of decisions like Lochner,’ ‘origins [in] the set of beliefs associated with the Lochner era,’ and ‘Back to the Future: From Nollan to Lochner.’ Critics were reacting in particular to an ominous alignment in the constitutional heavens: a constellation of United States Supreme Court decisions restricting the ability of state and local governments …
Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf
Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf
Fordham Urban Law Journal
“Half a century ago, in the Housing Act of 1949, Congress declared optimistically that every American should have access to safe, decent, affordable housing.3 In an effort to realize that ambitious objective, federal lawmakers have devised and bureaucrats have implemented a wide array of housing schemes. One commentator has provided nine categories for what he deems the ‘bewildering variety of housing-related programs:’ 1. a federally regulated mortgage finance system; 2. mortgage insurance; 3. interest rate subsidies to home owners, developers, and landlords; 4. tax deductions for mortgage interest; 5. special depreciation allowances for rental housing; 6. low-rent public housing; 7. …
What Epa Says, Goes: Dispute Resolution Under The Rcra Corrective Action Program And The Impact Of The Proposed Rule, Steven L. Leifer
What Epa Says, Goes: Dispute Resolution Under The Rcra Corrective Action Program And The Impact Of The Proposed Rule, Steven L. Leifer
Fordham Environmental Law Review
No abstract provided.
Regulation Of The Outer Space Environment Through International Accord: The 1979 Moon Treaty, James R. Wilson
Regulation Of The Outer Space Environment Through International Accord: The 1979 Moon Treaty, James R. Wilson
Fordham Environmental Law Review
No abstract provided.
Clearing The Air: Resolving The Asbestos Personal Injury Litigation Crisis, Richard A. Solomon
Clearing The Air: Resolving The Asbestos Personal Injury Litigation Crisis, Richard A. Solomon
Fordham Environmental Law Review
No abstract provided.
It's Not Easy Being Green: The Judicial View Of Government Takings Of Private Wetlands, Alan S. Rafterman
It's Not Easy Being Green: The Judicial View Of Government Takings Of Private Wetlands, Alan S. Rafterman
Fordham Environmental Law Review
No abstract provided.
Two Faces Of Disparate Impact Discrimination, Pamela L. Perry
Two Faces Of Disparate Impact Discrimination, Pamela L. Perry
Fordham Law Review
No abstract provided.
Appellate Jurisdiction For Civil Forfeiture: The Case For The Continuation Of Jurisdiction Beyond The Release Of The Res, Paul S. Grossman
Appellate Jurisdiction For Civil Forfeiture: The Case For The Continuation Of Jurisdiction Beyond The Release Of The Res, Paul S. Grossman
Fordham Law Review
No abstract provided.
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley
Fordham Law Review
No abstract provided.