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Articles 7111 - 7140 of 8570
Full-Text Articles in Entire DC Network
Rule 11 And Papers Not Warranted By Law, Ellen P. Quackenbos
Rule 11 And Papers Not Warranted By Law, Ellen P. Quackenbos
Fordham Law Review
No abstract provided.
Reform For A System In Crisis: Alternative Dispute Resolution In The Federal Courts, Irving R. Kaufman
Reform For A System In Crisis: Alternative Dispute Resolution In The Federal Courts, Irving R. Kaufman
Fordham Law Review
No abstract provided.
Subsidiary: Doctrine Without A Cause?, Joseph H. Sommer
Subsidiary: Doctrine Without A Cause?, Joseph H. Sommer
Fordham Law Review
No abstract provided.
One Nation Indivisible, With Liberty And Justice For All: Lessons From The American Experience For New Democracies, Patricia M. Wald
One Nation Indivisible, With Liberty And Justice For All: Lessons From The American Experience For New Democracies, Patricia M. Wald
Fordham Law Review
No abstract provided.
The U.S. Court Of International Trade And The U.S. International Trade Commission After Ten Years -- A Personal View, James A. Toupin
The U.S. Court Of International Trade And The U.S. International Trade Commission After Ten Years -- A Personal View, James A. Toupin
Fordham International Law Journal
This Article will present come impressions of the effect on the U.S. International Trade Commission of key elements of the 1979-1980 reforms contained in the Trade Agreements Act of 1979 and the Customs Courts Act of 1980. The reforms established the current system for the judicial review of antidumping and countervailing duty determinations. This Article will first address some of the observable impacts of the judicial review system on the operation of the Commission and will then attempt to examine the operation of the U.S. Court of International Trade as an expert tribunal with first-level appellate responsibility over trade cases. …
Accomplishing The Legislative Goals For The U.S. Court Of International Trade: More Speed! More Speed!, Leonard M. Shambon
Accomplishing The Legislative Goals For The U.S. Court Of International Trade: More Speed! More Speed!, Leonard M. Shambon
Fordham International Law Journal
Part I of this Article describes the congressional goals for the CIT in 1979 and 1980. Part II focuses on the actual performance of the CIT with regard to one of those goals, speedy resolution of antidumping and countervailing duty disputes. Furthermore, Part II documents the level of delay during the four main phases of an initial CIT review of antidumping or countervailing duty administrative determination. Part III examines the supplemental impact of CIT-ordered remands on speedy resolution. Part IV briefly comments on the effect of appellate review of CIT decisions on both speed and certainty in these actions. This …
J. Jackson, The World Trading System: Law And Policy Of International Economic Relations, Edwin J. Madaj
J. Jackson, The World Trading System: Law And Policy Of International Economic Relations, Edwin J. Madaj
Fordham International Law Journal
The book first sets forth the policies and practical considerations underlying the current international and national trading regimes, including a description of what Professor Jackson calls the "constitutional structure" of the national and world trading systems. In addition, the book describes the procedures and practices of dispute resolution. The international focus of the book is largely on the GATT, with the bulk of the book devoted to a discussion of a number of important substantive topics pertaining to the GATT. As the book points out, while a primary purpose of that international agreement was to lower tariffs, which has largely …
The Scope Of Application Of The Merger Control Regulation, Christopher Jones
The Scope Of Application Of The Merger Control Regulation, Christopher Jones
Fordham International Law Journal
This Article attempts to provide a practical guide to individuals attempting to determine which mergers and acquisitions fall under Community jurisdiction. Part I reviews the basic considerations the European Economic Community Regulation No. 4064/89 gives to the term “Community dimension.” Part II examines the separation of jurisdiction between the Commission of the European Communities and the Member States in light of these two propositions.
Jurisdictional Issues: The Eec Merger Control Regulation, Member State Laws, And Articles 85 And 86, Jacques H. J. Bourgeois, Bernd Langeheine
Jurisdictional Issues: The Eec Merger Control Regulation, Member State Laws, And Articles 85 And 86, Jacques H. J. Bourgeois, Bernd Langeheine
Fordham International Law Journal
This Article deals with two main issues. One is the division of powers between the European Economic Community and the Member States with regard to merger control after September 21, 1990. The other is the possible application, by the Commission of the European Communities or by national authorities, of Article 85 and 86 of the Treaty Establishing the European Economic Community to mergers covered by Regulation No. 4064/89. The Article casts a brief look at how the dividing line between merges and operations which do not qualify as mergers within the sense of article 3 of the Regulation will be …
The European Community's Policy On Implementation Of Environmental Directives, Rolf Wägenbaur
The European Community's Policy On Implementation Of Environmental Directives, Rolf Wägenbaur
Fordham International Law Journal
This Article first discusses the legal nature of the directive and the process by which Member States implement directives. Second, this Article explores enforcement of directives and examines the enforcement roles of the Commission of the European Communities and the Court of Justice of the European Communities. Finally this Article proposes a series of initiatives at the Member State and Community levels to improve implementation and enforcement of Community environmental law.
Problems In International Law Enforcement, Richard A. Martin
Problems In International Law Enforcement, Richard A. Martin
Fordham International Law Journal
I would like to discuss the efforts that the United States has made to develop an effective system of international law enforcement, and the difficulties which it has encountered in that process. I will begin with a brief description of the tools which are available and can be employed in international criminal procedure. I will then discuss how these tools have been applied to different types of criminal activity. As I will explain, they have proved highly successful in the areas of narcotics trafficking, organized crime, and money laundering, but have encountered significant problems in the area of terrorism. These …
Individual Rights And The Doctrine Of Speciality: The Deteriorations Of The United States V, Rauscher, Christopher J. Morvillo
Individual Rights And The Doctrine Of Speciality: The Deteriorations Of The United States V, Rauscher, Christopher J. Morvillo
Fordham International Law Journal
This Note argues that U.S. courts must permit an extradited individual to invoke treaty rights under the doctrine of speciality. Part I traces the history of extradition and the development of the doctrine of speciality. Part II analyzes the cases that address the issue of individual rights and the doctrine of speciality. Part III argues that extradition treaties vest defendants with the right to invoke the doctrine of speciality's protection. This Note concludes that defendants must be granted the right to raise violations of the doctrine of speciality to protect the integrity and purpose of extradition treaties.
National Center For Immigrants' Rights, Inc. V. Immigration And Naturalization Service: Towards Heightened Review Of Federal Immigration Policy, Rosemary E. Mcgonagle
National Center For Immigrants' Rights, Inc. V. Immigration And Naturalization Service: Towards Heightened Review Of Federal Immigration Policy, Rosemary E. Mcgonagle
Fordham International Law Journal
This Comment argues that the Ninth Circuit's apparently heightened review in National Center was appropriate. Part I sets forth the applicable standards of review under equal protection analysis for state and federal policies affecting aliens. Part II analyzes the statutory background and the INS regulation that sparked the conflict in National Center, and outlines the case's procedural history and holding. Part III explains that the court's analysis exceeded the traditional standard of review applied to immigration regulations, and argues that the standard used by the court is analogous to the equal protection intermediate level of review. This Comment concludes by …
Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski
Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski
Faculty Scholarship
A century ago Oliver Wendell Holmes, Jr., examined the history of negligence in search of a general theory of tort. He concluded that from the earliest times in England, the basis of tort liability was fault, or the failure to exercise due care. Liability for an injury to another arose whenever the defendant failed "to use such care as a prudent man would use under the circumstances.” A decade ago Morton J. Horwitz reexamined the history of negligence for the same purpose and concluded that negligence was not originally understood as carelessness or fault. Rather, negligence meant "neglect or failure …
Municipal Ethical Standards: The Need For A New Approach Report, John D. Feerick, Carol Schachner, Mark Davies, Sherrie Mcnulty, Arthur Fama
Municipal Ethical Standards: The Need For A New Approach Report, John D. Feerick, Carol Schachner, Mark Davies, Sherrie Mcnulty, Arthur Fama
Faculty Scholarship
The New York State Commission on Government Integrity investigated numerous situations throughout the state that revealed just how bad the current law is. Our findings and a pro- posed municipal ethics act that we drafted to correct the law's deficiencies are contained in the following report, "Municipal Ethical Standards: The Need for a New Approach." Our pro- posed Act would set out the minimum ethical standards that should be observed in every municipality throughout the state. The premise here is that there are certain basic features to good government that make sense for all governments, no matter what their size …
The Original Conception Of Section 10(B) Of The Securities Exchange Act, Steve Thel
The Original Conception Of Section 10(B) Of The Securities Exchange Act, Steve Thel
Faculty Scholarship
No abstract provided.
Zealous Representation Bound: The Intersection Of The Ethical Codes And The Criminal Law, Bruce A. Green
Zealous Representation Bound: The Intersection Of The Ethical Codes And The Criminal Law, Bruce A. Green
Faculty Scholarship
Professional codes adopted by states and based on the Model Rules of Professional Conduct and the Model Code of Professional Responsibility govern lawyers' conduct. The ethical codes, however, fail to address many ethical questions confronting lawyers. In this Article, Professor Bruce Green highlights the ethical codes' weaknesses, particularly as they relate to the conduct of criminal defense attorneys. As he describes, the ethical codes require advocates to represent their clients "zealously," but, at the same time, "within the bounds of the law." When the codes do not proscribe conduct that would advance their clients' causes, conscientious advocates must consider whether …
Strange Bedfellows For Electronic Funds Transfers: Proposed Article 4a Of The Uniform Commercial Code And The Uncitral Model Law Symposium: Revised U.C.C. Articles 3 &(And) 4 And New Article 4a, Carl Felsenfeld
Faculty Scholarship
Two pieces of proposed legislation that will affect the same subject matter are proceeding down parallel tracks. If all goes as planned, the tracks will at some time turn inward and there may be a collision. Each piece has as its core concern the subject of electronic funds transfers ("EFTs"), the modern device that has overtaken checks as the principal form of money transfer.' Basically, however, before the promulgation of Article 4A there was no legislation, either in the United States or abroad, that governed EFTs in the way that Articles 3 and 4 of the Uniform Commercial Code ("U.C.C.") …
The Genius Of Section 16: Regulating The Management Of Publicly Held Companies, Steve Thel
The Genius Of Section 16: Regulating The Management Of Publicly Held Companies, Steve Thel
Faculty Scholarship
No abstract provided.
Deterring The Formation Of The Attorney-Client Relationship: Disclosure Of Client Identity, Payment Of Fees, And Communications By Fiduciaries, Daniel J. Capra
Deterring The Formation Of The Attorney-Client Relationship: Disclosure Of Client Identity, Payment Of Fees, And Communications By Fiduciaries, Daniel J. Capra
Faculty Scholarship
No abstract provided.
1991 Diplomatic Conference On Uniform Liability Rules For Operators Of Transport Terminals, Joseph Sweeney
1991 Diplomatic Conference On Uniform Liability Rules For Operators Of Transport Terminals, Joseph Sweeney
Faculty Scholarship
No abstract provided.
A Ship Without A Captain: The Contracting Process In New York City, New York State Commission On Government Integrity
A Ship Without A Captain: The Contracting Process In New York City, New York State Commission On Government Integrity
Reports
Report
Expanding Drug Treatment: The Need For Fair Contracting Practices, New York State Commission On Government Integrity
Expanding Drug Treatment: The Need For Fair Contracting Practices, New York State Commission On Government Integrity
Reports
Report
Fordham Lawyer, Vol. 2 No. 1 - Winter 1989, Fordham Law School
Fordham Lawyer, Vol. 2 No. 1 - Winter 1989, 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.
Public Hearing On Westchester County Contracting And Personnel Practices, New York State Commission On Government Integrity
Public Hearing On Westchester County Contracting And Personnel Practices, New York State Commission On Government Integrity
Hearings
Hearing
Public Hearing On New York City Contracting Practices, New York State Commission On Government Integrity
Public Hearing On New York City Contracting Practices, New York State Commission On Government Integrity
Hearings
Hearing
Playing Ball With City Hall: A Case Study Of Political Patronage In New York City, New York State Commission On Government Integrity
Playing Ball With City Hall: A Case Study Of Political Patronage In New York City, New York State Commission On Government Integrity
Reports
Report
Public Hearing On Solicitations Of Campaign Work And Contributions From Public Employees, New York State Commission On Government Integrity
Public Hearing On Solicitations Of Campaign Work And Contributions From Public Employees, New York State Commission On Government Integrity
Hearings
Hearing
In The Matter Of A Public Hearing Conducted In Furtherance Of An Investigation Pursuant To Executive Order Of The Governor With Regard To The Conflicts Of Interest In Local Government, New York State Commission On Government Integrity
In The Matter Of A Public Hearing Conducted In Furtherance Of An Investigation Pursuant To Executive Order Of The Governor With Regard To The Conflicts Of Interest In Local Government, New York State Commission On Government Integrity
Hearings
Hearing
The Midas Touch: Campaign Finance Practices Of Statewide Officeholders, New York State Commission On Government Integrity
The Midas Touch: Campaign Finance Practices Of Statewide Officeholders, New York State Commission On Government Integrity
Reports
Report