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Articles 7081 - 7110 of 8570
Full-Text Articles in Entire DC Network
Integrity And Ethical Standards In New York State Government, New York State Commission On Government Integrity
Integrity And Ethical Standards In New York State Government, New York State Commission On Government Integrity
Reports
Report
Restoring The Public Trust: A Blueprint For Government Integrity Volumes I And Ii, New York State Commission On Government Integrity
Restoring The Public Trust: A Blueprint For Government Integrity Volumes I And Ii, New York State Commission On Government Integrity
Reports
Report
The Blurred Line: Party Politics And Government In Westchester County: Report And Recommendations, New York State Commission On Government Integrity
The Blurred Line: Party Politics And Government In Westchester County: Report And Recommendations, New York State Commission On Government Integrity
Reports
Report
Poughkeepsie '85: A Case Study Of Election Law Abuses, New York State Commission On Government Integrity
Poughkeepsie '85: A Case Study Of Election Law Abuses, New York State Commission On Government Integrity
Reports
Report
Underground Government: Preliminary Report On Authorities And Other Public Corporations, New York State Commission On Government Integrity
Underground Government: Preliminary Report On Authorities And Other Public Corporations, New York State Commission On Government Integrity
Reports
Report
Raising Our Sights: The Need For Ethics Training In Government, New York State Commission On Government Integrity
Raising Our Sights: The Need For Ethics Training In Government, New York State Commission On Government Integrity
Reports
Report
The Evaluation Of Concentrations Under The Merger Control Regulation: The Nature Of The Beast, James S. Venit
The Evaluation Of Concentrations Under The Merger Control Regulation: The Nature Of The Beast, James S. Venit
Fordham International Law Journal
Part I of this Article examines whether, in evaluating a concentration, the Commission of the European Communities is permitted to take into account factors, such as industrial or social policy, that are not, strictly speaking, related to competition law. Part II explores whether “dominant position” has the same meaning under the Regulation No. 4064/89 as under Article 86 of the Treaty Establishing the European Economic Community and, in particular, whether the Regulation also applies to concentrations that create, or further narrow, interdependent oligopolies. Part III examines whether the Commission is required to prohibit or modify every concentration that creates or …
Legal Remedies For The Failure Of European Community Institutitions To Act In Conformity With Eec Treaty Provisions, Ole Due
Fordham International Law Journal
This shall concentrate on that part of the case law by which the Court has tried to compensate for the inaction of the political institutions. It shall examine this case law from a procedural viewpoint. The purpose is to find out which procedural weapons the Court has made use of. The examination will be confined essentially to the legal remedies employed against the Council's inaction. This shall first run through the forms of procedure which have in practice proved to be the most appropriate before going on to examine why the action for failure to act has been of so …
The Expanding Right Of Access: Does It Extend To Search Warrant Affidavits?, Erica A. Kaston
The Expanding Right Of Access: Does It Extend To Search Warrant Affidavits?, Erica A. Kaston
Fordham Law Review
No abstract provided.
The Art Of Insinuation: Defamation By Implication, Nicole Alexandra Labarbera
The Art Of Insinuation: Defamation By Implication, Nicole Alexandra Labarbera
Fordham Law Review
No abstract provided.
Standing To Challenge Tax-Exempt Status: The Second Circuit’S Competitive Political Advocate Theory, Jordana G. Schwartz
Standing To Challenge Tax-Exempt Status: The Second Circuit’S Competitive Political Advocate Theory, Jordana G. Schwartz
Fordham Law Review
No abstract provided.
Sixth Amendment Implications Of Informant Participation In Defense Meetings, David R. Lurie
Sixth Amendment Implications Of Informant Participation In Defense Meetings, David R. Lurie
Fordham Law Review
No abstract provided.
Fetal Protection And Uaw V. Johnson Controls, Inc.: Job Openings For Barren Women Only, Marcelo L. Riffaud
Fetal Protection And Uaw V. Johnson Controls, Inc.: Job Openings For Barren Women Only, Marcelo L. Riffaud
Fordham Law Review
No abstract provided.
You Can’T Build That Here: The Constitutionality Of Aesthetic Zoning And Architectural Review, Kenneth Regan
You Can’T Build That Here: The Constitutionality Of Aesthetic Zoning And Architectural Review, Kenneth Regan
Fordham Law Review
No abstract provided.
Medical Malpractice Protection Under The Federal Tort Claims Act: Protecting Both Physicians And Claimants, Bruce, Jr. G. Hart
Medical Malpractice Protection Under The Federal Tort Claims Act: Protecting Both Physicians And Claimants, Bruce, Jr. G. Hart
Fordham Law Review
No abstract provided.
Following Dead Precedent: The Supreme Court's Ill-Advised Rejection Of Anticipatory Overruling, C. Steven Bradford
Following Dead Precedent: The Supreme Court's Ill-Advised Rejection Of Anticipatory Overruling, C. Steven Bradford
Fordham Law Review
No abstract provided.
Regina V. Secretary Of State For Transport Ex Parte Factortame Ltd.: The :Limits Of Parliamentary Sovereignty And The Rule Of Community Law, Jay J. Arangonés
Regina V. Secretary Of State For Transport Ex Parte Factortame Ltd.: The :Limits Of Parliamentary Sovereignty And The Rule Of Community Law, Jay J. Arangonés
Fordham International Law Journal
This Comment argues that the Factortame judgment is compatible with the traditional U.K. doctrine of the supremacy of Parliament. Part I examines the Court of Justice's approach to the supremacy of Community law and the traditional U.K. approach to supremacy. Part II discusses the factual and procedural background of Factortame, the judgment of the Court of Justice, and the reasoning of the opinion of Advocate General Tesauro. Part III suggests that Factortame indicates a willingness of the Court of Justice to allow the United Kingdom to adhere to its traditional view of Community law precedence, provided that directly effective Community …
Can Punitive Damages Withstand A Due Process Challenge After Bankers Life & Casualty Co. V. Crenshaw And Browning-Ferris Industries Of Vermont V. Kelco Disposal?, Sanjit S. Shah
Fordham Urban Law Journal
This Note will consider whether punitive damages can withstand a constitutional challenge brought under the Due Process Clause of the fourteenth amendment. Part II of the Note examines how courts have resolved procedural due process and traditional vagueness challenges to exemplary damage awards. This section also discusses Justice O'Connor's approach to the vagueness doctrine, and the possibility that substantive due process may affect jury discretion to award punitive damages. Part III discusses why punitive damages do not violate the Due Process Clause. This Note concludes that punitive damages are not unconstitutional on procedural due process, fundamental fairness, or traditional vagueness …
Makers And Receivers: Judicial Heresy And The Tempting Of America, Charles Kelbley
Makers And Receivers: Judicial Heresy And The Tempting Of America, Charles Kelbley
Fordham Urban Law Journal
This Essay examines "The Tempting of America" in three stages: Section II briefly summarizes the major themes of the book along three principal lines that parallel the book's three parts: Bork's critique of the Supreme Court, his concept of correct and incorrect legal theory and his assessment of the treatment he received from the media and the Senate Judiciary Committee. Each of these topics deserves serious consideration, but the ultimate concern of this Essay is Bork's theoretical chapters, not his historical and political arguments. Section III examines problems that Bork's judicial philosophy raises from the perspectives of history, jurisprudence, and, …
Bringing A Title Vii Action: Which Test Regarding Standing To Sue Is The Most Applicable?, Valerie L. Jacobson
Bringing A Title Vii Action: Which Test Regarding Standing To Sue Is The Most Applicable?, Valerie L. Jacobson
Fordham Urban Law Journal
This Note examines who is a proper plaintiff under Title VII and explains the need for a clearer definition of "employee" and "employed." Part II presents a historical development of the standards used to define employment relationships in Title VII. Part III discusses the general requirements for standing and sets forth the tests currently used to determine standing for a Title VII action. Part IV analyzes how the tests can produce different outcomes and why some tests more adequately serve the Act's goals. The Note concludes that Congress should amend the definition of "employee" or at least define what constitutes …
Liquidated Damages: Making Sense Of The Relations Between The U.S. Customs Service, Bond Principals, And Sureties, Gilbert Lee Sandler
Liquidated Damages: Making Sense Of The Relations Between The U.S. Customs Service, Bond Principals, And Sureties, Gilbert Lee Sandler
Fordham International Law Journal
This Article is an attempt to describe the current state of the evolving law on liquidated damages and to focus attention on several of the emerging areas that are likely to require administrative, congressional, or judicial action.
Eaja: An Analysis Of The Final Judgment Requirement As Applied To Social Security Disability Cases, Dawn C. Bradshaw
Eaja: An Analysis Of The Final Judgment Requirement As Applied To Social Security Disability Cases, Dawn C. Bradshaw
Fordham Law Review
No abstract provided.
"A Fresh Start With Someone Else's Property": Lien Avoidance, The Homestead Exemption And Divorce Property Divisions Under Section 522(F)(1) Of The Bankruptcy Code, Phyllis A. Klein
Fordham Law Review
No abstract provided.
Stare Decisis And The U.S. Court Of International Trade: Two Case Studies Of A Perennial Issue, Charles H. Nalls, Paul R. Bardos
Stare Decisis And The U.S. Court Of International Trade: Two Case Studies Of A Perennial Issue, Charles H. Nalls, Paul R. Bardos
Fordham International Law Journal
This Article examines the tension between the independence of judges in the CIT and the role of stare decisis in the CIT. After an overview of the applicability of the doctrine at the trial court level, the Article will set out two case studies in CIT decision making. The first example, relating to the standard to be applied by the Commission in preliminary antidumping and countervailing duty investigations, is a “worst case scenario” in which judicial inconsistency has caused a great deal of confusion for the Commission and its individual commissioners. The second example, which involves a series of cases …
New U.N. Convention On Liability Of Terminal Operators In International Trade, Joseph C. Sweeney
New U.N. Convention On Liability Of Terminal Operators In International Trade, Joseph C. Sweeney
Fordham International Law Journal
This Article examines the completion of the new United Nations Convention on the Liability of Operators of Transport Terminals is International Trade at a diplomatic conference in Vienna. This conference terminated an eight-year process of international legislation that began with a recognition of the problem of the gaps in international transport law by the International Institute for the Unification of Private Law (“UNIDROIT”), a complete study of the terminal operations industry and a lengthy review of the legal problems in the Working Group on International Contract Practices (the “Working Group”) of the United Nations Commission on International Trade Law (“UNCITRAL”), …
Civil Rico Misread: The Judicial Repeal Of The 1988 Amendments To The Foreign Corrupt Practices Act, Raymond J. Dowd
Civil Rico Misread: The Judicial Repeal Of The 1988 Amendments To The Foreign Corrupt Practices Act, Raymond J. Dowd
Fordham International Law Journal
This Note argues that civil RICO should not provide a remedy for a party claiming injury due to the commercial bribery of a foreign official. Part I discusses the purposes and the legislative history of the FCPA and RICO. Part II analyzes cases that apply RICO to FCPA violations. Part III illustrates that applying civil RICO to FCPA violations frustrates congressional intent in enacting and amending both the FCPA and RICO. This Note concludes that under proper statutory construction, civil RICO's provisions do not apply to the act of bribing a foreign official.
Fact And Opinion In Defamation: Recognizing The Formative Power Of Context, Rodney W. Ott
Fact And Opinion In Defamation: Recognizing The Formative Power Of Context, Rodney W. Ott
Fordham Law Review
No abstract provided.
Excessive Force And The Fourth Amendment: When Does Seizure End?, Mitchell W. Karsch
Excessive Force And The Fourth Amendment: When Does Seizure End?, Mitchell W. Karsch
Fordham Law Review
No abstract provided.
The Effect Of Choice Of Law On Federal Jurisdiction Under Erisa: Defining The Scope Of The Act Or Omission Preemption Exception, Rosemary Scariati
The Effect Of Choice Of Law On Federal Jurisdiction Under Erisa: Defining The Scope Of The Act Or Omission Preemption Exception, Rosemary Scariati
Fordham Law Review
No abstract provided.
Post-Mcnally Review Of Invalid Convictions Through The Writ Of Coram Nobis, M. Diane Duszak
Post-Mcnally Review Of Invalid Convictions Through The Writ Of Coram Nobis, M. Diane Duszak
Fordham Law Review
No abstract provided.