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Articles 7231 - 7260 of 8570
Full-Text Articles in Entire DC Network
Application Of The Avoidable Consequence Rule To The Residential Leasehold Agreement, Thomas A. Lucarelli
Application Of The Avoidable Consequence Rule To The Residential Leasehold Agreement, Thomas A. Lucarelli
Fordham Law Review
No abstract provided.
The Right Of Publicity And Vocal Larceny: Sounding Off On Sound-Alikes, Leonard A. Wohl
The Right Of Publicity And Vocal Larceny: Sounding Off On Sound-Alikes, Leonard A. Wohl
Fordham Law Review
No abstract provided.
Appealability Of A District Court’S Denial Of A Forum-Selection Clause Dismissal Motion: An Argument Against “Canceling Out” The Bremen, Howard W. Schreiber
Appealability Of A District Court’S Denial Of A Forum-Selection Clause Dismissal Motion: An Argument Against “Canceling Out” The Bremen, Howard W. Schreiber
Fordham Law Review
No abstract provided.
Securities Law Fifth Circuit Symposium, Steve Thel
Securities Law Fifth Circuit Symposium, Steve Thel
Faculty Scholarship
The Fifth Circuit decided some important securities cases during the survey period and issued some interesting opinions. Although the court consistently claimed a conservative reliance on precedent and seldom acknowledged making new law, it interpreted some well-established doctrine in surprising ways. The past year's opinions in fraud cases provide guidance in the related areas of reliance, damages, and plaintiff's due diligence. The year also witnessed important developments in the law governing the relationship between brokerage firms and their clients. The most spectacular development in this area during the survey year was the October collapse in security prices. In light of …
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Faculty Scholarship
The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …
Her Brother's Keeper: The Prosecutor's Responsibility When Defense Counsel Has A Potential Conflict Of Interest , Bruce A. Green
Her Brother's Keeper: The Prosecutor's Responsibility When Defense Counsel Has A Potential Conflict Of Interest , Bruce A. Green
Faculty Scholarship
What are the responsibilities of a prosecutor when she learns in the course of preparing for trial that defense counsel has a potential conflict of interest? Must the prosecutor alert defense counsel and the trial judge to the problem? May she move to disqualify defense counsel? This Article explores the responsibilities that courts have begun to, and ought to, impose on prosecutors. In large part, the prosecutor's responsibilities are subordinate to those of defense counsel and the trial judge, who have the primary responsibility to ensure that the defendant's right to independent counsel is not unfairly abridged. Therefore, as background …
Regulation Of Manipulation Under Section 10(B): Security Prices And The Text Of The Securities Exchange Act Of 1934, Steve Thel
Faculty Scholarship
No abstract provided.
Delimitation Of The Continental Shelf In The Aegean Sea, Aurelia A. Georgopoulos
Delimitation Of The Continental Shelf In The Aegean Sea, Aurelia A. Georgopoulos
Fordham International Law Journal
This note argues that the continental shelf between Greece and Turkey should be delimited under general principles of international law. Part I discusses the present dispute and its historical underpinnings. Part II examines the relevant treaty and customary international law applicable to continental shelf delimitations. Part III analyzes the positions of the parties and proposes a solution under principles of customary international law. This Note concludes that the continental shelf should be delimited by drawing a median line between the two states giving half effect to Eastern Islands and then adjusting the line to avoid enclaving them.
Back To The Market: The Debt Problem In Legal Perspective, Karl M. Meessen
Back To The Market: The Debt Problem In Legal Perspective, Karl M. Meessen
Fordham International Law Journal
This article argues that the debt problem can be attributed to the failure on the part of those who operated the huge market of recycled petro-dollars in the late 70s and early 80s. The author then discusses how reinforcement of a decentralized decision-making system depends on three factors; transparency, market entry, and confining state regulation.
Guide To Debt Equity Swaps (Rubin Ed.), Daniel Schloendorn
Guide To Debt Equity Swaps (Rubin Ed.), Daniel Schloendorn
Fordham International Law Journal
The Guide to Debt Equity Swaps (the “Guide”), provides an excellent introduction to anyone seeking to understand why swap programs have proliferated throughout the developing countries, the variety of forms they have taken, and what they portend for the future. The Guide is divided into two segments. The first segment consists of a series of articles authored by a panel of experts in a variety of disciplines, while the second segment furnishes an in-depth analysis of the most significant debt-equity conversion programs.
The European Community's Environmental Policy: A Case-Study In Federalism, Auke Haagsma
The European Community's Environmental Policy: A Case-Study In Federalism, Auke Haagsma
Fordham International Law Journal
This article will examine the European Community’s environmental policy and how spill-over effects in that area led to a transfer of powers from the Member-State to the Community level. It will also examine the manner in which governmental functions in this area are distributed between the two levels and, thus, whether the characteristics of a federal structure can be discerned.
Judicial Review Of State Action By International Courts, Dinah L. Shelton
Judicial Review Of State Action By International Courts, Dinah L. Shelton
Fordham International Law Journal
This Article examines judicial review of state action by international courts, in particular inter-American institutions.
Open Meetings Law: Report And Recommendations, New York State Commission On Government Integrity
Open Meetings Law: Report And Recommendations, New York State Commission On Government Integrity
Reports
Report
A Public Hearing In The Matter Of Open Meetings Law, New York State Commission On Government Integrity
A Public Hearing In The Matter Of Open Meetings Law, New York State Commission On Government Integrity
Hearings
Hearing
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines include: Bork: Advice and Consent; Ignore Ideology; Ideology Counts; Beef Up Your Job Skills
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines include: Harlem Real Estate Conference; Racial Bias
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines include: Legal Aid Program At Fordham; For Some, Death A Capital Idea; Calamari To Receive Honor
Section 1983: Absolute Immunity For Pretrial Police Testimony, Jack Kaufman
Section 1983: Absolute Immunity For Pretrial Police Testimony, Jack Kaufman
Fordham Urban Law Journal
This Note discusses the development of the Supreme Court's approach to section 1983 immunity for trial witnesses. Central to this discussion is an overview of the history of common-law immunities for government officials, the history and purpose of section 1983, and the history of the Supreme Court's section 1983 immunity decisions. The author discusses the current disagreement in the circuits over extending section 1983 immunity to pretrial police testimony. The author also analyzes various possible answers to the question of whether to extend witness immunity under section 1983 to specific pretrial proceedings by applying the current Supreme Court "functional categories" …
Equity, Efficiency, And The Tax Reform Act Of 1986, Edward Yorio
Equity, Efficiency, And The Tax Reform Act Of 1986, Edward Yorio
Fordham Law Review
No abstract provided.
Statutes Of Limitations In Civil Rico Actions After Wilson V. Garcia, Kenneth A. Braziller
Statutes Of Limitations In Civil Rico Actions After Wilson V. Garcia, Kenneth A. Braziller
Fordham Law Review
No abstract provided.
The Unitariness Finding And Its Effect On Mandatory Desegregation Injunctions, L. Kevin Sheridan, Jr.
The Unitariness Finding And Its Effect On Mandatory Desegregation Injunctions, L. Kevin Sheridan, Jr.
Fordham Law Review
No abstract provided.
Judicial Review Of Allegedly Ultra Vires Actions Of The Veterans' Administration: Does 38 U.S.C. § 211(A) Preclude Review, Stephen Van Dolsen
Judicial Review Of Allegedly Ultra Vires Actions Of The Veterans' Administration: Does 38 U.S.C. § 211(A) Preclude Review, Stephen Van Dolsen
Fordham Law Review
No abstract provided.
The Tax Reform Act Of 1986: A Response To Professor Yorio And His Vision Of The Future Of The Internal Revenue Code, Edward A. Zelinsky
The Tax Reform Act Of 1986: A Response To Professor Yorio And His Vision Of The Future Of The Internal Revenue Code, Edward A. Zelinsky
Fordham Law Review
No abstract provided.
Political Parties And The Campaign Finance Laws: Dilemmas, Concerns And Opportunitites, Kirk J. Nahra
Political Parties And The Campaign Finance Laws: Dilemmas, Concerns And Opportunitites, Kirk J. Nahra
Fordham Law Review
No abstract provided.
Voluntary Affirmative Action Plans By Public Employers: The Disparity In Standards Between Title Vii And The Equal Protection Clause, Ronald W. Adelman
Voluntary Affirmative Action Plans By Public Employers: The Disparity In Standards Between Title Vii And The Equal Protection Clause, Ronald W. Adelman
Fordham Law Review
No abstract provided.
Municipal State Action Antitrust Immunity: A Federalism Argument Against The Bad Faith Exception, Achilles M. Perry
Municipal State Action Antitrust Immunity: A Federalism Argument Against The Bad Faith Exception, Achilles M. Perry
Fordham Law Review
No abstract provided.
Determination Of Dismissal Sanctions Under The Speedy Trial Act Of 1974, Martha L. Wood
Determination Of Dismissal Sanctions Under The Speedy Trial Act Of 1974, Martha L. Wood
Fordham Law Review
No abstract provided.
Heat Not Light: The Foreign Agents Registration Act After Meese V. Keene , Ava Marion Plakins
Heat Not Light: The Foreign Agents Registration Act After Meese V. Keene , Ava Marion Plakins
Fordham International Law Journal
Part I discusses the Supreme Court's decision in Keene. Part II reviews the legislative history of FARA, which shows that Congress fully understood "political propaganda" to be derogatory. Part III discusses the first amendment implications of the Court's decision.
Freedom Of Services In The Eec, Ernst Steindorff
Freedom Of Services In The Eec, Ernst Steindorff
Fordham International Law Journal
In Part I, after discussing the international context, this Article outlines the EEC issues. Part II traces the early development of freedom of services and shows how there was reluctance to implement freedom of services. As will be shown in Part III, the European Court of Justice accorded direct effect to freedom of services so that this freedom can be invoked before state courts; it has preeminence over state rules that restrain freedom of services. Part IV discusses the other freedoms that contribute to freedom of services. The policy on coordination and approximation of laws, i.e. the policy on Community …
Revisitig Multinational Securities Offerings After The Frehnch Privatization No-Action Letters, Jodi E. Freid
Revisitig Multinational Securities Offerings After The Frehnch Privatization No-Action Letters, Jodi E. Freid
Fordham International Law Journal
This Note argues that the SEC must clarify and modernize its present approach to facilitate participation by U.S. institutional investors in global offerings. Part I examines the French privatization program. Part II analyzes the Act's relevant provisions and the SEC's no-action letters addressing the application of these provisions to involvement by U.S. investors in the initial French offerings. Part III proposes alternatives to the SEC procedures that currently apply to simultaneous multinational offerings. This Note concludes that the SEC must eliminate unnecessary barriers to participation by U.S. investors in global securities offerings and adopt a new approach that recognizes and …