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Articles 7201 - 7230 of 8570
Full-Text Articles in Entire DC Network
Architectural Malpractice: Toward An Equitable Rule For Determining When The Statute Of Limitations Begins To Run, Jeffrey R. Cruz
Architectural Malpractice: Toward An Equitable Rule For Determining When The Statute Of Limitations Begins To Run, Jeffrey R. Cruz
Fordham Urban Law Journal
In the past thirty years, the architectural profession has been characterized by dramatic changes in both its legal liabilities and in its relationship with other members of the construction industry. With the recent abrogation of the privity doctrine, strangers to architectural contracts may now sue in tort and architects inevitably find themselves in a multitude of lawsuits. This Note discusses the contractual nature of the owner/architect relationship and the judicial attempts to analogize to relationships in other professions, and then considers the prevailing judicial theories as to when a cause of action accrues against architects and against professionals in general. …
Over-Stuffing The Envelope: The Problems With Creative Transfer Of Development Rights, Margaret Giordano
Over-Stuffing The Envelope: The Problems With Creative Transfer Of Development Rights, Margaret Giordano
Fordham Urban Law Journal
This note examines how not-for-profit institutions and private developers are engaging in innovative transactions pushing transferable development rights (TDRs) to new extremes. The Board of Estimate has created exceptions to its own zoning laws to benefit not-for-profits, for instance, by allowing transfer of unused development rights to previously impermissible distances. This note explores whether TDR transactions involving not-for-profit organizations have set precedents that will thwart traditional urban planning objectives. The note examines the history of TDRs and recent radical applications involving Grand Central Terminal, South Street Seaport, and Old Slip. The author ultimately balances the creative applications of TDRs with …
Women Lawyers In Big Firms: A Study In Progress Toward Gender Equality, Judith S. Kaye
Women Lawyers In Big Firms: A Study In Progress Toward Gender Equality, Judith S. Kaye
Fordham Law Review
No abstract provided.
The Crash Of 1987: A Legal And Public Policy Analysis, Lewis D. Solomon, Howard B. Dicker
The Crash Of 1987: A Legal And Public Policy Analysis, Lewis D. Solomon, Howard B. Dicker
Fordham Law Review
No abstract provided.
Rule 11 Of The Federal Rules Of Civil Procedure And The Duty To Withdraw A Baseless Pleading, Julia K. Cowles
Rule 11 Of The Federal Rules Of Civil Procedure And The Duty To Withdraw A Baseless Pleading, Julia K. Cowles
Fordham Law Review
No abstract provided.
The Civil Rico Pattern Requirement: Continuity And Relationship, A Fatal Attraction?, Patrick J. Ryan
The Civil Rico Pattern Requirement: Continuity And Relationship, A Fatal Attraction?, Patrick J. Ryan
Fordham Law Review
No abstract provided.
The Song Is Over But The Melody Lingers On: Persistence Of Goodwill And The Intent Factor In Trademark Abandonment, Stanley A. Bowker, Jr.
The Song Is Over But The Melody Lingers On: Persistence Of Goodwill And The Intent Factor In Trademark Abandonment, Stanley A. Bowker, Jr.
Fordham Law Review
No abstract provided.
Cercla Cleanup Costs Under Comprehensive General Liability Insurance Policies: Property Damage Or Economic Damage?, Sharon L. Mccarthy
Cercla Cleanup Costs Under Comprehensive General Liability Insurance Policies: Property Damage Or Economic Damage?, Sharon L. Mccarthy
Fordham Law Review
No abstract provided.
Access To Justice: Individual Undertakings And Eec Antitrust Law--Problems And Pitfalls, Federico Mancini
Access To Justice: Individual Undertakings And Eec Antitrust Law--Problems And Pitfalls, Federico Mancini
Fordham International Law Journal
In this article, the author deals with a number of aspects connected to the theme of access to justice and in so doing refers in particular to the most recent disputes that have been brought before the Court of Justice in Luxembourg. The author argues that there is a need to establish clearly, at the outset, the preconditions that natural or legal person must satisfy before they can turn to the Community Court in order to obtain judicial review both of measures taken by the Commission or of the reasons for the Commission’s failure to act.
Neale & Stephens, International Business And National Jurisdiction, Marsha Cope Huie
Neale & Stephens, International Business And National Jurisdiction, Marsha Cope Huie
Fordham International Law Journal
This book differs from existing works on extraterritorial scholarship by its focus, thoughtful analysis and scholarly approach, and balanced view of the U.S. stance on extraterritorial jurisdiction.
The Modern Trend Towards Exclusion Of Recourse Against Transnational Arbitral Awards: A European Perspective, Klaus Peter Berger
The Modern Trend Towards Exclusion Of Recourse Against Transnational Arbitral Awards: A European Perspective, Klaus Peter Berger
Fordham International Law Journal
This Article will analyze this trend [the liberal tradition in international commercial arbitration] and attempt to assess its impact on the efficiency of international commercial arbitration as a viable alternative to litigation before the national judiciary. Where appropriate, the new laws will be compared to the UNCITRAL Model Law (the "Model Law"), today's archetype of modern commercial arbitration laws. Finally, this Article will focus on the possible influence of the new laws on arbitration laws of other states, taking the Federal Republic of Germany as an illustrative example.
"Sovereign" State Policy And State Action Antitrust Immunity, John F. Hart
"Sovereign" State Policy And State Action Antitrust Immunity, John F. Hart
Fordham Law Review
No abstract provided.
Constitutionality Of Regulations Restricting Prisoner Correspondence With The Media, Daniel M. Donovan, Jr.
Constitutionality Of Regulations Restricting Prisoner Correspondence With The Media, Daniel M. Donovan, Jr.
Fordham Law Review
No abstract provided.
"Five-Hundred-Year Flood Plains" And Other Unconstitutional Challenges To The Establishment Of Community Residences For The Mentally Disabled, Robert L. Schonfeld
"Five-Hundred-Year Flood Plains" And Other Unconstitutional Challenges To The Establishment Of Community Residences For The Mentally Disabled, Robert L. Schonfeld
Fordham Urban Law Journal
This article examines the impact of state statutes and local ordinances on the establishment of community residences for the mentally disabled. While some states have policies advocating for community residences, these policies are often undermined by barriers such as neighborhood opposition and statutes and ordinances that impede development. The author analyzes the application of the equal protection clause to statutes and ordinances affecting the mental disabled, ultimately concluding that many are unconstitutional. Finally, the author discusses the impact of City of Cleburne v. Cleburne Living Center on state statutes and local ordinances that limit the establishment of community residences. The …
The Unanimous Acquittal Instruction: A Rational Approach To Instructing Jurors On Lesser Included Offenses, David Y. Atlas
The Unanimous Acquittal Instruction: A Rational Approach To Instructing Jurors On Lesser Included Offenses, David Y. Atlas
Fordham Urban Law Journal
This Note proposes that all courts embrace the unanimous acquittal instruction because it encourages the jury to engage in an effective and conscientious deliberative process. The disagreement instruction not only fosters imprudent decision making, but also invites the jury to abuse its power to render a compromise verdict and thus is a wholly inappropriate method for instructing jurors on their consideration of lesser included offenses. Part II of this Note explores the background of the lesser offense doctrine, the elements of each instruction and the rationale behind recent judicial precedent in this area. Part III sets forth empirical research on …
Securities Arbitration After Mcmahon, Constantine N. Katsoris
Securities Arbitration After Mcmahon, Constantine N. Katsoris
Fordham Urban Law Journal
In Shearson/American Express, Inc. v. McMahon, the Supreme Court decided that federal securities claims under the Securities Exchange Act of 1934 (1934 Act or Exchange Act) are arbitrable. Since McMahon, there has been a flurry of activity in, and focus upon, the general area of arbitration of public securities disputes. This activity has generated particular interest in such subjects as: arbitration forums; pre-trial procedures and discovery; remedies and relief; composition of panels; training, background and evaluation of arbitrators; and the rendering of written opinions. In discussing many of these areas, this Article will track the history of securities arbitration before …
The Homeless: Judicial Intervention On Behalf Of A Politically Powerless Group, Neil V. Mckittrick
The Homeless: Judicial Intervention On Behalf Of A Politically Powerless Group, Neil V. Mckittrick
Fordham Urban Law Journal
The "new" homeless are more diverse, encompassing more minorities, women, younger people, and more families. This Article argues first, that judicial intervention on behalf of the homeless is necessary and appropriate because the homeless constitute a politically powerless group and second, that comprehensive legislation, beyond that which has been enacted thus far, is necessary to address the causes of the problem.
Hindering The Progress Of Science: The Use Of The Patent System To Regulate Research On Genetically Altered Animals, Robert B. Kambic
Hindering The Progress Of Science: The Use Of The Patent System To Regulate Research On Genetically Altered Animals, Robert B. Kambic
Fordham Urban Law Journal
This Note considers whether genetically altered animals should be protected by patents and discusses the ramifications of a congressionally imposed moratorium on the issuance of animal patents. The Note discusses the purpose of the patent system and analyzes case law concerning patents on living organisms, examines the controversy surrounding the patenting of altered animals, and contains a discussion of the PTO's role in issuing an ethically controversial patent. The Note concludes that the PTO was correct in determining that genetically altered animals are patentable subject matter.
Protecting The Parental Rights Of Incarcerated Mothers Whose Children Are In Foster Care: Proposed Changes To New York's Terminaton Of Parental Rights Law, Philip M. Genty
Fordham Urban Law Journal
This Article examines the parental rights of incarcerated mothers under New York's foster care and termination of parental rights laws. It describes the foster care system in New York, the grounds for a termination of parental rights proceeding, and the problems that persist despite New York's legislative reforms. After examining these problems, the author proposes several legislative solutions, which include: (1) improving incarcerated parents' access to court proceedings; and (2) requiring social services agencies and prison officials to provide the services necessary to maintain and strengthen the parents' parental relationships. This Article concludes that, while New York has enacted legislation …
Defamation Of Teachers: Behind The Times?, Peter S. Cane
Defamation Of Teachers: Behind The Times?, Peter S. Cane
Fordham Law Review
No abstract provided.
Rejection Of Collective Bargaining Agreements In Bankruptcy: Finding A Balance In 11 U.S.C. §, Peter P. Brandow
Rejection Of Collective Bargaining Agreements In Bankruptcy: Finding A Balance In 11 U.S.C. §, Peter P. Brandow
Fordham Law Review
No abstract provided.
A Unified Theory Of Scientific Evidence, Bert Black
A Unified Theory Of Scientific Evidence, Bert Black
Fordham Law Review
No abstract provided.
Due Process And Probation Revocation: The Written Statement Requirement, Mihal Nahari
Due Process And Probation Revocation: The Written Statement Requirement, Mihal Nahari
Fordham Law Review
No abstract provided.
The Automatic Companion Rule: An Appropriate Standard To Justify The Terry Frisk Of An Arrestee's Companion?, Jeanne C. Serocke
The Automatic Companion Rule: An Appropriate Standard To Justify The Terry Frisk Of An Arrestee's Companion?, Jeanne C. Serocke
Fordham Law Review
No abstract provided.
Copyright Protection For Factual Compilations--Reviving The Misappropriation Doctrine, Sarah Lum
Copyright Protection For Factual Compilations--Reviving The Misappropriation Doctrine, Sarah Lum
Fordham Law Review
No abstract provided.
Appellate Review Of Double Jeopardy Claims In The Guilty Plea Context, Augustine V. Cheng
Appellate Review Of Double Jeopardy Claims In The Guilty Plea Context, Augustine V. Cheng
Fordham Law Review
No abstract provided.
User Friendly Civil Procedure: Pragmatic Proceduralism Slouching Away From Process Theory, Linda S. Mullenix
User Friendly Civil Procedure: Pragmatic Proceduralism Slouching Away From Process Theory, Linda S. Mullenix
Fordham Law Review
No abstract provided.
Fulfilling The Goals Of Michigan V. Long: The State Court Reaction, Felicia A. Rosenfeld
Fulfilling The Goals Of Michigan V. Long: The State Court Reaction, Felicia A. Rosenfeld
Fordham Law Review
No abstract provided.
Application Of The Cause And Prejudice Standard To Petitions Under 28 U.S.C. § 2255 By Guilty Plea Defendants, John T. Wolak
Application Of The Cause And Prejudice Standard To Petitions Under 28 U.S.C. § 2255 By Guilty Plea Defendants, John T. Wolak
Fordham Law Review
No abstract provided.
Judicial Review As Midcal Active Supervision: Immunizing Private Parties From Antitrust Liability, Michal Dlouhy
Judicial Review As Midcal Active Supervision: Immunizing Private Parties From Antitrust Liability, Michal Dlouhy
Fordham Law Review
No abstract provided.