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Fordham Law School

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The Written Statement Requirement Of Wolff V. Mcdonnell: An Argument For Factual Specificity, Michael A. Guzzo Jan 1987

The Written Statement Requirement Of Wolff V. Mcdonnell: An Argument For Factual Specificity, Michael A. Guzzo

Fordham Law Review

No abstract provided.


The Standard Of Proof Necessary To Establish That A Defendant Has Materially Breached A Plea Agreement, Julie A. Lumpkin Jan 1987

The Standard Of Proof Necessary To Establish That A Defendant Has Materially Breached A Plea Agreement, Julie A. Lumpkin

Fordham Law Review

No abstract provided.


The Presumption Of Correctness: Should The Commissioner Be Required To Carry The Inititial Burden Of Production, Sean M. Moran Jan 1987

The Presumption Of Correctness: Should The Commissioner Be Required To Carry The Inititial Burden Of Production, Sean M. Moran

Fordham Law Review

No abstract provided.


Prosecutorial Misconduct In The Grand Jury: Dismissal Of Indictments Pursuant To The Federal Supervisory Power, Lisa H. Wallach Jan 1987

Prosecutorial Misconduct In The Grand Jury: Dismissal Of Indictments Pursuant To The Federal Supervisory Power, Lisa H. Wallach

Fordham Law Review

No abstract provided.


Interest Arbitration: The Alternative To The Strike, Arvid Anderson, Loren A. Krause Jan 1987

Interest Arbitration: The Alternative To The Strike, Arvid Anderson, Loren A. Krause

Fordham Law Review

No abstract provided.


Employees' Recovery Of Attorney's Fees From Unions Under Section 301 Of The Labor Management Relations Act, Joseph J. Vitale Jan 1987

Employees' Recovery Of Attorney's Fees From Unions Under Section 301 Of The Labor Management Relations Act, Joseph J. Vitale

Fordham Law Review

No abstract provided.


The Limited Reach Of Delcostello V. International Brotherhood Of Teamsters: A Statute Of Limitations Analysis Of Lmrda Title I Actions, Joseph L. Calamari Jan 1987

The Limited Reach Of Delcostello V. International Brotherhood Of Teamsters: A Statute Of Limitations Analysis Of Lmrda Title I Actions, Joseph L. Calamari

Fordham Law Review

No abstract provided.


The Worst Surprise Of All: No Right To Pretrial Discovery Of The Prosecution's Uncharged Misconduct Evidence, Edward J. Imwinkelried Jan 1987

The Worst Surprise Of All: No Right To Pretrial Discovery Of The Prosecution's Uncharged Misconduct Evidence, Edward J. Imwinkelried

Fordham Law Review

No abstract provided.


Invalid Waivers Of Counsel As Harmless Errors: Judicial Economy Or A Return To Betts V. Brady, Bruce A. Mcgovern Jan 1987

Invalid Waivers Of Counsel As Harmless Errors: Judicial Economy Or A Return To Betts V. Brady, Bruce A. Mcgovern

Fordham Law Review

No abstract provided.


First Amendment Rights Of Military Personnel: Denying Rights To Those Who Defend Them, Linda Sugin Jan 1987

First Amendment Rights Of Military Personnel: Denying Rights To Those Who Defend Them, Linda Sugin

Faculty Scholarship

No abstract provided.


In The End, Truth Will Out’...Or Will It?. ‘Merchant Of Venice,’ Act Ii, Scene 2, Donald Magnetti Jan 1987

In The End, Truth Will Out’...Or Will It?. ‘Merchant Of Venice,’ Act Ii, Scene 2, Donald Magnetti

Faculty Scholarship

No abstract provided.


Aids Law: Impact Of Aids On American Schools And Prisons, The , Elizabeth B. Cooper Jan 1987

Aids Law: Impact Of Aids On American Schools And Prisons, The , Elizabeth B. Cooper

Faculty Scholarship

The American public largely has responded with fear and hostility rather than with knowledge and compassion to the presence of Acquired Immune Deficiency Syndrome ("AIDS") in society. Although our reactions are changing as we learn more about the syndrome and its causitive virus, some people continue to characterize AIDS as a well-deserved punishment of those groups most often afflicted with AIDS: gay men and intravenous drug users. Many people also persist in their erroneous beliefs that AIDS can be spread through casual contact. Although much remains to be learned about AIDS, there already exists an abundance of information upon which …


Gray Market Goods: A Lighter Shade Of Black Symposium: The Controversy Over The Importation Of Gray Market Goods: Is A Resolution Forthcoming, Hugh C. Hansen Jan 1987

Gray Market Goods: A Lighter Shade Of Black Symposium: The Controversy Over The Importation Of Gray Market Goods: Is A Resolution Forthcoming, Hugh C. Hansen

Faculty Scholarship

If a street vendor offers a famous brand-name product for a substantially lower price than one would expect, the average consumer's initial reaction might be that the product had been stolen or was "hot" - a product of the black market. While such discounted goods might indeed be stolen, sophisticated consumers have come to expect similar discounts in stores and mail-order houses throughout the country on goods not from the black market but rather from the "gray market." These products, naturally enough, are called "gray market goods" or simply "gray goods." Gray goods are brand-name products manufactured abroad which bear …


Hoarding, China's Second Revolution: Reform After Mao, Xi-Qing Gao Jan 1987

Hoarding, China's Second Revolution: Reform After Mao, Xi-Qing Gao

Fordham International Law Journal

No abstract provided.


Circumvention Of Antidumping Duties By Importation Of Parts And Materials: Recent Eec Antidumping Rules, Jacques Steenbergen Jan 1987

Circumvention Of Antidumping Duties By Importation Of Parts And Materials: Recent Eec Antidumping Rules, Jacques Steenbergen

Fordham International Law Journal

This Article examines the recent amendments to the EC antidumping Regulation. First, the Article analyzes the compatibility of the Regulation with the GATT and EC antidumping rules. Next, the Article assesses the likelihood that the new provisions will successfully realize their industrial policy goals and sufficiency of the existing procedural framework. The Article concludes that although the nre Regulation is compatible with both GATT rules and EC commercial policy, its effectiveness will be limited both by its own terms and by the uncertainty likely to be engendered by the large degree of discretion left to the Community institutions responsible for …


Mergers And Partial Mergers Under Eec Law, Karen Banks Jan 1987

Mergers And Partial Mergers Under Eec Law, Karen Banks

Fordham International Law Journal

This Article, in Parts I-III, traces the development of Articles 85 and 86 of the EEC Treaty from the drafting of the Treaty, through discussions in the 1960s on their possible application to mergers, to the Continental Can case in 1973 and its subsequent interpretation. Part IV examines the Commission's proposal for a regulation on the control of concentrations between undertakings. Part V explains the Commission's practice in relation to joint ventures (partial mergers), tracing the connection between this phenomenon and the merger problem. Finally, Part VI looks at recent developments that demonstrate the currently unsatisfactory state of this are …


The Advocate, The Advocate, Fordham Law School Mar 1986

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines include: Candidates For SBA President


The Advocate, The Advocate, Fordham Law School Jan 1986

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines include: SBA Budget Announced; Blood Drive Disappoints


Contract Law And The Austrian School Of Economics, Christopher T. Wonnell Jan 1986

Contract Law And The Austrian School Of Economics, Christopher T. Wonnell

Fordham Law Review

No abstract provided.


Texaco Inc. V. Pennzoil Co.: Some Thoughts On The Limits Of Federal Court Power Over State Court Proceedings, Robert B. Funkhouser, Kenneth R. Levine, Laurie B. Mcghee, David E. Mollon Jan 1986

Texaco Inc. V. Pennzoil Co.: Some Thoughts On The Limits Of Federal Court Power Over State Court Proceedings, Robert B. Funkhouser, Kenneth R. Levine, Laurie B. Mcghee, David E. Mollon

Fordham Law Review

No abstract provided.


Fifth Amendment Privilege And Compelled Production Of Corporate Papers After Fisher And Doe, Arthur Y. D. Ong Jan 1986

Fifth Amendment Privilege And Compelled Production Of Corporate Papers After Fisher And Doe, Arthur Y. D. Ong

Fordham Law Review

No abstract provided.


Release Pending Appeal: A Narrow Definition Of "Substantial Question" Under The Bail Reform Act Of 1984, Debra L. Leibowitz Jan 1986

Release Pending Appeal: A Narrow Definition Of "Substantial Question" Under The Bail Reform Act Of 1984, Debra L. Leibowitz

Fordham Law Review

No abstract provided.


Church Property Disputes: Churches As Secular And Alien Institutions, Louis J. Sirico, Jr. Jan 1986

Church Property Disputes: Churches As Secular And Alien Institutions, Louis J. Sirico, Jr.

Fordham Law Review

No abstract provided.


Wilson V. Garcia And Statutes Of Limitations In Section 1983 Actions: Retroactive Or Prospective Application, Staci M. Berman Jan 1986

Wilson V. Garcia And Statutes Of Limitations In Section 1983 Actions: Retroactive Or Prospective Application, Staci M. Berman

Fordham Law Review

No abstract provided.


Public Forum Analysis And State Owned Publications: Beyond Kulhmeier V. Hazelwood School District, Pamela A. Schechter Jan 1986

Public Forum Analysis And State Owned Publications: Beyond Kulhmeier V. Hazelwood School District, Pamela A. Schechter

Fordham Law Review

No abstract provided.


Confidentiality In Icsid Arbitration After Amco Asia Corp. V. Indonesia: Watchword Or White Elephant, Benjamin H. Tahyar Jan 1986

Confidentiality In Icsid Arbitration After Amco Asia Corp. V. Indonesia: Watchword Or White Elephant, Benjamin H. Tahyar

Fordham International Law Journal

Part I of this Note will discuss the manner in which ICSID arbitration acts as a contractual substitute for litigation before national courts. Part II will review the decision of the ICSID tribunal in Amco Asia Corp. In Part III, the Note will examine the confidentiality requirement imposed by the ICSID Convention and the Arbitration Rules, and will discuss the arguments for and against keeping arbitral proceedings secret. In light of this examination and discussion, the Note will argue that the ICSID tribunal correctly denied injunctive relief to Indonesia, although the denial may be inconsistent with the spirit of confidentiality …


Practical Considerations Regarding The Preliminary Ruling Procedure Under Article 177 Of The Eec Treaty, Manfred A. Dauses Jan 1986

Practical Considerations Regarding The Preliminary Ruling Procedure Under Article 177 Of The Eec Treaty, Manfred A. Dauses

Fordham International Law Journal

Part I of this Article considers the role played by the preliminary ruling procedure in the context of the Community legal system as a whole. Part II discusses the types of questions that may be appropriately referred to the Court for preliminary ruling. Part III examines the various tribunals and courts that may make a reference to the Court of Justice. Part IV analyzes the tension in the relationship between the Court and the national courts of the Member States. Finally, Part V considers the legal effects of preliminary rulings.


Speech Given At The Fordham University School Of Law On The Occasion Of The Celebration Of The Law Revision Commission's 50th Anniversary December 14, 1984, Carolyn Gentile Jan 1986

Speech Given At The Fordham University School Of Law On The Occasion Of The Celebration Of The Law Revision Commission's 50th Anniversary December 14, 1984, Carolyn Gentile

Fordham Urban Law Journal

In a speech given at Fordham Law School, the speaker describes the history of the New York State Law Revision Commission, including its founding, the procedure by which it operates, and major recommendations and actions the Commission has taken over the years.


Out Of The Home Onto The Street: Foster Children Discharged Into Independent Living, Mari Brita Maloney Jan 1986

Out Of The Home Onto The Street: Foster Children Discharged Into Independent Living, Mari Brita Maloney

Fordham Urban Law Journal

The uniformity by which foster children are expelled from their foster homes upon reaching the age of maturity has dire consequences for them and society. With alarming frequency, such children are left homeless and often turn to drugs and prostitution as a means of getting by. This Note discusses the parameters of foster care rights by analyzing the policies and constitutional rights underlying the many current foster care laws. It then proceeds to highlight the ineffectiveness of the current rigid system of foster care laws and proposes a solution that adequately addresses the plight of such children. Ultimately, the Note …


Section 1983 Actions By Family Members Based On Deprivation Of The Constitutional Right To “Family Association” Resulting From Wrongful Death: Who Has Standing?, Peter Biging Jan 1986

Section 1983 Actions By Family Members Based On Deprivation Of The Constitutional Right To “Family Association” Resulting From Wrongful Death: Who Has Standing?, Peter Biging

Fordham Urban Law Journal

No abstract provided.