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Fordham Law School

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New York City Hiring Practices, New York State Commission On Government Integrity Apr 1989

New York City Hiring Practices, New York State Commission On Government Integrity

Hearings

Hearing


The Advocate, The Advocate, Fordham Law School Apr 1989

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines include: The Official Elections Results For The S.B.A. Executive Board


International Paper Co. V. Ouellette: Uneasy Resolution Of Which State's Law To Apply In Interstate Water Pollution Disputes, Mary E. Reiner Jan 1989

International Paper Co. V. Ouellette: Uneasy Resolution Of Which State's Law To Apply In Interstate Water Pollution Disputes, Mary E. Reiner

Fordham Environmental Law Review

No abstract provided.


Protection Of The Environment In The United States, Joseph C. Sweeney Jan 1989

Protection Of The Environment In The United States, Joseph C. Sweeney

Fordham Environmental Law Review

No abstract provided.


Amplifying Bose Corp. V. Consumers Union: The Proper Scope Of De Novo Appellate Review In Public Person Defamation Cases, Tigran W. Eldred Jan 1989

Amplifying Bose Corp. V. Consumers Union: The Proper Scope Of De Novo Appellate Review In Public Person Defamation Cases, Tigran W. Eldred

Fordham Law Review

No abstract provided.


The Fourth Amendment Overseas: Is Extraterritorial Protection Of Foreign Nationals Going Too Far?, Elizabeth A. Corradino Jan 1989

The Fourth Amendment Overseas: Is Extraterritorial Protection Of Foreign Nationals Going Too Far?, Elizabeth A. Corradino

Fordham Law Review

No abstract provided.


Communications Workers V. Beck: Supreme Court Throws Unions Out On Street, Charles R. Virginia Jan 1989

Communications Workers V. Beck: Supreme Court Throws Unions Out On Street, Charles R. Virginia

Fordham Law Review

No abstract provided.


A Functional View Of The Rule Of Lenity: Does Theft Of Misaddressed Mail Violate The Federal Mail Theft Statute?, Edward L. Hammer Jan 1989

A Functional View Of The Rule Of Lenity: Does Theft Of Misaddressed Mail Violate The Federal Mail Theft Statute?, Edward L. Hammer

Fordham Law Review

No abstract provided.


Standard Of Appellate Review Of Rule 11 Decisions, Louis Greco Jan 1989

Standard Of Appellate Review Of Rule 11 Decisions, Louis Greco

Fordham Law Review

No abstract provided.


Listening To Tribal Legends: An Essay On Law And The Scientific Method, Nancy Levit Jan 1989

Listening To Tribal Legends: An Essay On Law And The Scientific Method, Nancy Levit

Fordham Law Review

No abstract provided.


God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, Donald L. Beschle Jan 1989

God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, Donald L. Beschle

Fordham Law Review

No abstract provided.


The Innocent Owner Defense To Real Property Forfeiture Under The Comprehensive Crime Control Act Of 1984, Lalit K. Loomba Jan 1989

The Innocent Owner Defense To Real Property Forfeiture Under The Comprehensive Crime Control Act Of 1984, Lalit K. Loomba

Fordham Law Review

No abstract provided.


Common Law Tort Defenses Under Cercla, Jonathan T. Uejio Jan 1989

Common Law Tort Defenses Under Cercla, Jonathan T. Uejio

Fordham Environmental Law Review

No abstract provided.


Bias Crimes: Unconscious Racism In The Prosecution Of Racially Motivated Violence, Tanya K. Hernandez Jan 1989

Bias Crimes: Unconscious Racism In The Prosecution Of Racially Motivated Violence, Tanya K. Hernandez

Faculty Scholarship

Within the past four years, a perceived surge of "bias crimes" has seized the nation's attention. Bias crimes, physical acts of violence used as an outlet for prejudiced hostilities, are usually street crimes spontaneously committed by casual clusters of "normal people on the street" with very little advanced planning. This Note focuses on the physical injuries to persons that result from bias crimes. Such physical injuries represent cog- nizable harms that can be redressed through criminal statutes.'


The Right To Democratic Participation In Labor Unions And The Use Of The Hobbs Act To Combat Organized Crime, Leslie Marshall Jan 1989

The Right To Democratic Participation In Labor Unions And The Use Of The Hobbs Act To Combat Organized Crime, Leslie Marshall

Fordham Urban Law Journal

The author examines corruption within labor unions and the responses to that corruption with the use of two laws, the Labor-Management Reporting and Disclosure Act of 1959 and the Hobbs Act. While the LMRDA guarantees union members important rights, corruption and the influence of organized crime has severely weakened members’ ability to exercise those rights. The author argues that RICO actions can and should be pursued against those who extort and otherwise violate union members’ rights because the remedies available under RICO are stronger than those available under the Hobbs Act. The author contends that the Hobbs Act should be …


Manifest Intent And Copyrightability: The Destiny Of Joint Authorship, Therese M. Brady Jan 1989

Manifest Intent And Copyrightability: The Destiny Of Joint Authorship, Therese M. Brady

Fordham Urban Law Journal

The 1976 Copyright Act defines joint ownership as requiring an "intent" by multiple authors to merge their works into a single work. Prior to 1976, two standards of determining intent existed in the case law. One was an objective standard, known as common design, and the other was a subjective standard. In part because the 1976 Act does not mention common design, subjective intent came to dominate joint authorship jurisprudence post-1976. As a result of this dominance, many authors have been deprived of their rights. Brady argues that a new standard should be set out by the courts that once …


Dna Fingerprinting And The Need For A National Data Base, Joann Marie Longobardi Jan 1989

Dna Fingerprinting And The Need For A National Data Base, Joann Marie Longobardi

Fordham Urban Law Journal

DNA fingerprinting, at the time of publication a new concept, has dramatic implications in both the civil and criminal contexts. The author argues that a national DNA data base should be created. He contends that a DNA data base would be a powerful tool for law enforcement as well as defense attorneys, and that the danger to privacy rights is outweighed by the benefits to society. The author argues that taking DNA is neither invasive nor does it provide substantive information to the authorities. In sum, the author states that a national DNA data base with sufficient safeguards should be …


Making Younger Civil: The Consequences Of Federal Court Deference To State Court Proceedings – A Response To Professor Stravitz, Georgene M. Vairo Jan 1989

Making Younger Civil: The Consequences Of Federal Court Deference To State Court Proceedings – A Response To Professor Stravitz, Georgene M. Vairo

Fordham Law Review

No abstract provided.


Designing And Executing A "Fair" Revlon Auction, Steven B. Katz Jan 1989

Designing And Executing A "Fair" Revlon Auction, Steven B. Katz

Fordham Urban Law Journal

The author analyzes the role of corporate boards of directors during takeover and control transactions, specifically in regards to auctions. Courts have consistently considered unfair auction attempts in light of the importance of the business judgment rule. The author examines Delaware case law and highlights the Revlon case, which holds that once an auction begins, the board’s duty shifts from preservation of the corporate entity to maximization of value shareholders will receive from the sale. The author argues that a good understanding of auction theory will not only give courts a better perspective through which to examine directors’ actions but …


An Incompetent Individual's Right To Die, Carol M. Friedman Jan 1989

An Incompetent Individual's Right To Die, Carol M. Friedman

Fordham Urban Law Journal

Individuals must be fully informed and comprehend the consequences of refusing medical treatment before doing so. At the time of publication, New York courts used a subjective intent test to determine a patient's intentions before he or she became medically incompetent. The author argues that this test is ineffective where the patient did not have ability or forethought to make his or her intentions known. In such a case, the author contends that a surrogate should be appointed and given the discretion to consider what the surrogate believes would be the intent of the incapacitated person as well as the …


Pennsylvania V. Union Gas: Congressional Abrogation Of State Sovereign Immunity Under The Commerce Clause, Or, Living With Hans, Letitia A. Sears Jan 1989

Pennsylvania V. Union Gas: Congressional Abrogation Of State Sovereign Immunity Under The Commerce Clause, Or, Living With Hans, Letitia A. Sears

Fordham Law Review

No abstract provided.


Dellmuth V. Muth: Congressional Abrogation Of State Sovereign Immunity And The Education For All Handicapped Children Act, Susan Pringle Jan 1989

Dellmuth V. Muth: Congressional Abrogation Of State Sovereign Immunity And The Education For All Handicapped Children Act, Susan Pringle

Fordham Law Review

No abstract provided.


The Victim And Witness Protection Act Of 1982: Retroactive Application For Continuing Crimes, Douglas J. Kepple Jan 1989

The Victim And Witness Protection Act Of 1982: Retroactive Application For Continuing Crimes, Douglas J. Kepple

Fordham Law Review

No abstract provided.


Pesticide Safety Regulation Under The Federal Insecticide, Fungicide And Rodenticide Act: Debacle At The Epa, John P. Gasior Jan 1989

Pesticide Safety Regulation Under The Federal Insecticide, Fungicide And Rodenticide Act: Debacle At The Epa, John P. Gasior

Fordham Environmental Law Review

No abstract provided.


Expanding The International Definition Of Refugee: A Multicultural View, Isabelle R. Gunning Jan 1989

Expanding The International Definition Of Refugee: A Multicultural View, Isabelle R. Gunning

Fordham International Law Journal

This Article urges the international use of an expanded definition of refugee because, as will be shown, the African definition is more reflective of the dominant circumstances currently causing individuals to flee. Moreover the African definition is more representative of the goals and of the multicultural character of an international society as envisioned by the United Nations Charter.


Friendship, Commerce And Navigation Treaties And United States Discrimination Law: The Right Of Branches Of Foreign Companies To Hire Executives “Of Their Choice”, Gerald D. Silver Jan 1989

Friendship, Commerce And Navigation Treaties And United States Discrimination Law: The Right Of Branches Of Foreign Companies To Hire Executives “Of Their Choice”, Gerald D. Silver

Fordham Law Review

No abstract provided.


Retroactive Application Of Tennessee V. Garner To Civil Litigation, John G. Crowley Jan 1989

Retroactive Application Of Tennessee V. Garner To Civil Litigation, John G. Crowley

Fordham Law Review

No abstract provided.


In Defence Of Poesie, Michael L. Richmond Jan 1989

In Defence Of Poesie, Michael L. Richmond

Fordham Law Review

No abstract provided.


Being A Woman, Being A Lawyer And Being A Human Being–Woman And Change, Eleanor M. Fox Jan 1989

Being A Woman, Being A Lawyer And Being A Human Being–Woman And Change, Eleanor M. Fox

Fordham Law Review

No abstract provided.


Gender Equality In The Courts: Women's Work Is Never Done, Christine M. Durham Jan 1989

Gender Equality In The Courts: Women's Work Is Never Done, Christine M. Durham

Fordham Law Review

No abstract provided.