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Articles 7261 - 7290 of 8570
Full-Text Articles in Entire DC Network
An Extension Of The Right Of Access: The Pro Se Litigant's Right To Notification Of The Requirements Of The Summary Judgment Rule, Joseph M. Mclaughlin
An Extension Of The Right Of Access: The Pro Se Litigant's Right To Notification Of The Requirements Of The Summary Judgment Rule, Joseph M. Mclaughlin
Fordham Law Review
No abstract provided.
The National Labor Relations Act At The Crossroads, Edward Silver, Joan Mcavoy
The National Labor Relations Act At The Crossroads, Edward Silver, Joan Mcavoy
Fordham Law Review
No abstract provided.
Judgment On The Merits Leaving Attorney's Fees Issues Undecided: A Final Judgment?, Richard S. Crummins
Judgment On The Merits Leaving Attorney's Fees Issues Undecided: A Final Judgment?, Richard S. Crummins
Fordham Law Review
No abstract provided.
Felony Murder And The Misdemeanor Of Attempted Escape: A Legislative Error In Search Of Correction, Peter J. Mcquillan
Felony Murder And The Misdemeanor Of Attempted Escape: A Legislative Error In Search Of Correction, Peter J. Mcquillan
Fordham Urban Law Journal
This article argues that a legislative reconsideration of the New York felony murder doctrine is timely and essential. The author traces the origins of New York's felony murder statute and recent efforts to limit its scope. The author argues that the felony murder doctrine contravenes the modern philosophy of adjudication based on subjective factors such as mens rea, eroding the link between criminal liability and moral culpability.
The Lady In The Harbor And The Lady In Albany, Hon. Sol Wachtler
The Lady In The Harbor And The Lady In Albany, Hon. Sol Wachtler
Fordham Urban Law Journal
Commemorating the 100 year anniversary of Kate Stoneman's entrance into legal practice in the State of New York, the first women to achieve this milestone, Hon. Sol Wachtler hails the achievements of the Task Force on Women and relays its future plans about how, in its continued pursuing of equality, it will help eradicate sexual biases still persisting in the legal industry.
The Compatibility Of A Federal Magistrate's Final Judgment With Nonmutual Issue Preclusion , Allison G. Danzig
The Compatibility Of A Federal Magistrate's Final Judgment With Nonmutual Issue Preclusion , Allison G. Danzig
Fordham Urban Law Journal
This Note examines the propriety of issue preclusion as applied to a magistrate's factual determination by providing an overview of section 636(c) of the Magistrate Act of 1979 and the decisions holding its provisions constitutional. It briefly looks at the expanded use of issue preclusion, which is largely due to the elimination of the mutuality agreement. After reviewing the policies that are promoted through the use of issue preclusion in such a manner, the Note concludes that nonmutual issue preclusion should apply to a magistrate's determination in a civil trial only if the parties are aware of the consequences that …
Report Of The New York Task Force On Women In The Courts
Report Of The New York Task Force On Women In The Courts
Fordham Urban Law Journal
Charged by the New York State Unified Court System with the responsibilities of reviewing and reporting on gender biases existing throughout the New York legal industry, the New York Task Force on Women, comprised of judges, leading practitioners, and academic scholars, set forth a plethora of evidence revealing the depth of gender biases in the New York legal industry. Concluding that gender bias is rampant and pervasive both in the court system and in the private legal industry, the Report reasons that the quickest and most effective way by which reform can be achieved is through the enlistment of the …
Loss Of Use Damage For Injuries To Interests In Commercial Chattels, James M. Lee
Loss Of Use Damage For Injuries To Interests In Commercial Chattels, James M. Lee
Fordham Urban Law Journal
Under the "loss of use" doctrine, unlike under common law, a plaintiffs right to compensation for their loss of use of chattel for the duration between the time of damage and when a substitute can be attained, is recognized. This Note traces the evolution of this progression, the problems it poses for courts, and analyzes the underlying reasons for this trend. It discusses a split between the Second and Third Department of the New York Courts on whether such compensation should be given in instances when the plaintiff had their own substitute item, e.g. a replacement vehicle after an auto …
Converting Nonpayment To Holdover Summary Proceedings: The New York Experience With Conditional Limitations Based Upon Nonpayment Of Rent, Stephen Ross
Fordham Urban Law Journal
This Article examines the development in New York law of both the landlord's right to terminate a lease for a tenant default and the tenant's right to preserve his tenancy by curing a rent default. It finds that, despite some cases to the contrary, case law in New York favors the landlord's reserved right to terminate over the tenant's historic right to cure, at least as to commercial tenancies." It concludes that, in both residential and commercial tenancies, landlords should not have this termination right' and that the legislature should enact appropriate legislation to achieve that objective. Part II of …
The Home Audio Recording Act: An Inappropriate Respose To The Home Taping Question, Teresa E. Sulyok
The Home Audio Recording Act: An Inappropriate Respose To The Home Taping Question, Teresa E. Sulyok
Fordham Urban Law Journal
This Note examines the controversy over consumers' home audio taping activities and finds the legislation under consideration by Congress an inappropriate remedy. Initially, this Note reviews the proposed legislation introduced in Congress addressing the issue of home audio taping. The Note then surveys the rationale behind the Sony decision, which determined that video recorder manufacturers were not liable as contributory infringers, and advocates that audio recorder manufacturers receive similar treatment. Next, this Note analyzes whether home audio recording may constitute fair use under the federal copyright law. This Note concludes that even if certain forms of home audio recording are …
Clearing The Air On Radon Testing: The Duty Of Real Estate Brokers To Protect Prospective Homebuyers, Sheldon Winicour
Clearing The Air On Radon Testing: The Duty Of Real Estate Brokers To Protect Prospective Homebuyers, Sheldon Winicour
Fordham Urban Law Journal
This Note recommends that the federal government create legislation that will impose a duty on real estate brokers to test homes for radon and to disclose the results to prospective purchasers. Based on a common law negligence theory, such a duty would become part of the current obligation of a real estate broker: (1) to conduct a reasonably diligent and competent search of property for sale; and (2) to disclose to prospective homebuyers all material defects affecting the value or desirability of the home. In his investigation, the broker must use the expertise and knowledge that derive from his training …
Protecting Battered Women: A Proposal For Comprehensive Domestic Violence Legislation In New York, Lisa R. Beck
Protecting Battered Women: A Proposal For Comprehensive Domestic Violence Legislation In New York, Lisa R. Beck
Fordham Urban Law Journal
This note proposes that New York implement a mandatory arrest policy for certain types of domestic violence. The author first examines New York's current methods of addressing domestic violence, including previous attempts at decriminalization, judicial remedies, and the effectiveness of orders of protection. The author then describes the issues of the current discretionary arrest policy. The note examines domestic violence legislation in other states, then proposes a comprehensive statutory scheme to address domestic violence in New York state.
"Wrong But Reasonable": The Fourth Amendment Particularity Requirement After United States V. Leon, Martha Applebaum
"Wrong But Reasonable": The Fourth Amendment Particularity Requirement After United States V. Leon, Martha Applebaum
Fordham Urban Law Journal
This Note analyzes the application of the good-faith exception to search warrant particularity violations under the Fourth Amendment. The question compelled by United States v. Leon and Massachusetts v. Sheppard is when, if ever, a particularity-defective warrant will sustain an officer's "reasonable reliance.'' The Note briefly discusses how "particularity" traditionally has been assessed under the fourth amendment. The author examines the Supreme Court's holding in Massachusetts v. Sheppard, and contrasts several circuit court cases that have applied Sheppard's "objectively reasonable" standard of good faith to warrants involving particularity defects. Finally, the Note concludes that the approach taken by the Second …
Private Clubs And Employment Discrimination: Does Federal Law Apply?, Elyse Hilton
Private Clubs And Employment Discrimination: Does Federal Law Apply?, Elyse Hilton
Fordham Urban Law Journal
This Note examines the general history and function of Title VII and section 1981 of the civil rights law. The author discusses the problems inherent in defining an organization as a private club, for purposes of employment non-discrimination efforts. The Note examines statutory construction and legislative history, as well as case law to assess arguments as to whether Title VII impliedly amends section 1981 with respect to the private club exemption. The author argues that membership discrimination cases in the case law differ radically from employment discrimination cases, which address entirely different sets of rights. The argument concludes therefore that …
A Proposal To Use A "Knowing And Voluntary" Standard To Evaluate The "Voluntariness" Of Early Retirement Incentives, Lisa E. Meyer
A Proposal To Use A "Knowing And Voluntary" Standard To Evaluate The "Voluntariness" Of Early Retirement Incentives, Lisa E. Meyer
Fordham Urban Law Journal
The Note argues that a standard is needed to judge the "voluntariness" of early retirement incentives under the Age Discrimination in Employment Act. It examines the need for clear guidelines to evaluate the voluntariness of early retirement incentives in light of their increasing use in a society that is growing older and retiring earlier. The author discusses the aims and prohibitions of ADEA, and the procedure by which plaintiffs can establish a prima facie case of age discrimination. The author proposes that the "knowing and voluntary" standard used to determine the validity of common law releases of duty serves as …
Immediate Appeal Of Pretrial Commitment Orders: "It's Now Or Never", Helene R. Banks
Immediate Appeal Of Pretrial Commitment Orders: "It's Now Or Never", Helene R. Banks
Fordham Law Review
No abstract provided.
The Future Of Tax Reform: A Rejoinder To Professor Zelinsky, Edward Yorio
The Future Of Tax Reform: A Rejoinder To Professor Zelinsky, Edward Yorio
Fordham Law Review
No abstract provided.
Constructive Discharge Under The Adea: An Argument For The Intent Standard, Ira M. Saxe
Constructive Discharge Under The Adea: An Argument For The Intent Standard, Ira M. Saxe
Fordham Law Review
No abstract provided.
Dispute Settlement In Gatt , William J. Davey
Dispute Settlement In Gatt , William J. Davey
Fordham International Law Journal
This Article describes briefly the way in which the system now operates and the major complaints that have been lodged against it.
The System Of Undistorted Competition Of Article 3(F) Of The Eec Treaty And The Duty Of Member States To Respect The Central Parameters Thereof, Bastiaan Van Der Esch
The System Of Undistorted Competition Of Article 3(F) Of The Eec Treaty And The Duty Of Member States To Respect The Central Parameters Thereof, Bastiaan Van Der Esch
Fordham International Law Journal
In Leclerc v. 'Au ble vert', the Court of Justice of the European Communities was asked to decide whether national measures imposing resale price maintenance for book could violate Member States' duties under Article 5 of the Treaty Establishing the European Economic Community in conjunction with Articles 3(f), 85 and 86 thereof. The importance of the issues at stake justify yet another attempt to define the implications of the system of undistorted competition for the exercise by Member States of retained powers. I will make this attempt by setting the issues raised against the wider background of the constitutional rank …
Rules Of Origin Or Rules Of Restriction? A Commentary On A New Form Of Protectionism, N. David Palmeter
Rules Of Origin Or Rules Of Restriction? A Commentary On A New Form Of Protectionism, N. David Palmeter
Fordham International Law Journal
Part I of this Article discusses the development of the basic United States rule of origin, the "substantial transformation" test, and its application to the various country of origin determinations required by U.S. law. Part II examines the application of the substantial transformation test to imports that compete with two politically powerful domestic industries, textiles and steel. Part III surveys the requirements for marking goods.
The Amended Canadian Patent Act: General Amendments And Pharmaceutical Patents Compulsory Licensing Provisions, Milan Chromecek
The Amended Canadian Patent Act: General Amendments And Pharmaceutical Patents Compulsory Licensing Provisions, Milan Chromecek
Fordham International Law Journal
On November 19, 1987, the Canadian Senate gave final approval to a number of far-reaching and controversial amendments to the Canadian Patent Act ("Amending Act"). On the same day, following Senate approval, the Bill C-22 became law upon royal assent. The Patent Act, enacted in 1935, had remained largely unchanged, notwithstanding amendments in 1952 and 1969. The present amendments therefore constitute an unprecedented overhaul of the Candian law of patents.
Out Of The Shadows: Defining "Known To The Government" In The Immigration Reform And Control Act Of 1986, Carl Stine
Out Of The Shadows: Defining "Known To The Government" In The Immigration Reform And Control Act Of 1986, Carl Stine
Fordham International Law Journal
This Note argues that these rules contradict the language and purposes of the Act. Part I of this Note examines the rules promulgated by the INS defining "known to the Government." Part II discusses the only reported case to dispute that definition and analyzes Chevron U.S.A., INc. v. Natural Resources Defense Council, Inc., the governing Supreme Court decision regarding judicial review of a government agency's interpretation of a statute that it administers. Part III uses the Chevron test to analyze the INS's rules defining "known to the Government." This Note concludes that the INS should adopt a broader definition that …
The Signal Cable Sends, Part Ii--Interference From The Indecency Cases, Laurence H. Wilner
The Signal Cable Sends, Part Ii--Interference From The Indecency Cases, Laurence H. Wilner
Fordham Law Review
No abstract provided.
The Preclusive Effect Of Arbitral Determinations In Subsequent Federal Securities Litigation , Beth H. Friedman
The Preclusive Effect Of Arbitral Determinations In Subsequent Federal Securities Litigation , Beth H. Friedman
Fordham Law Review
No abstract provided.
Contract Interpretation: The Plain Meaning In Labor Arbitration, Carlton J. Snow
Contract Interpretation: The Plain Meaning In Labor Arbitration, Carlton J. Snow
Fordham Law Review
No abstract provided.
Equitable Estoppel Of The Federal Government: An Application Of The Proprietary Function Exception To The Traditional Rule, John F. Conway
Equitable Estoppel Of The Federal Government: An Application Of The Proprietary Function Exception To The Traditional Rule, John F. Conway
Fordham Law Review
No abstract provided.
Rule 10b-5 And The Corporation's Duty To Disclose Merger Negotiations: A Proposal For A Safe Harbor From The Storm Of Uncertainty, Noreen R. Weiss
Rule 10b-5 And The Corporation's Duty To Disclose Merger Negotiations: A Proposal For A Safe Harbor From The Storm Of Uncertainty, Noreen R. Weiss
Fordham Law Review
No abstract provided.
Prior Consistent Statements: Temporal Admissibility Standard Under Federal Rule Of Evidence 801(D)(1)(B), Judith A. Archer
Prior Consistent Statements: Temporal Admissibility Standard Under Federal Rule Of Evidence 801(D)(1)(B), Judith A. Archer
Fordham Law Review
No abstract provided.
Notice Problems In The Double-Pledge Situation: Can A Junior Pledgee Give Notice Of A Security Interest To A Pledgee-Bailee Under Section 9-305 Of The Uniform Commercial Code?, Sheila W. Sawyer
Fordham Law Review
No abstract provided.