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Articles 7351 - 7380 of 8570
Full-Text Articles in Entire DC Network
Maxeiner, Policy And Methods In German And American Antitrust Law: A Comparative Study, W. David Braun
Maxeiner, Policy And Methods In German And American Antitrust Law: A Comparative Study, W. David Braun
Fordham International Law Journal
This thoughtful contribution to American and German legal literature provides valuable insights for a reader interested in comparing the decisionmaking methodology under the West German and American systems of antitrust law. The work also provides a broader discussion of key distinctions between the jurisprudential and systematic foundations of West Germany’s continental legal system and those of the Anglo-American common law system.
Competition Between National Economies And Competition Between Businesses--A Response To Judge Pescatore, Giuliano Marenco
Competition Between National Economies And Competition Between Businesses--A Response To Judge Pescatore, Giuliano Marenco
Fordham International Law Journal
This Article challenges the validity of Judge Pescatore’s theory [that Member States of the ECC are prevented by Community law from intervening in the marketplace by legislation].
The Right To Be Heard In Rule Making Proceedings In England And In Israel: Judicial Policy Reconsidered, Baruch Bracha
The Right To Be Heard In Rule Making Proceedings In England And In Israel: Judicial Policy Reconsidered, Baruch Bracha
Fordham International Law Journal
The purpose of this Article is to contribute to formulating a judicial policy that balances justice and fairness towards persons affected by the regulations, on the one hand, and administrative efficiency, on the other.
Deemed Liquidation: Whose Rate Is This Anyway, Lawrence M. Segan
Deemed Liquidation: Whose Rate Is This Anyway, Lawrence M. Segan
Fordham International Law Journal
This Note argues that there are many reasons to believe that Congress did intend section 504 to operate as a penalty on Customs for failure to liquidate in a timely manner. Part I discusses the process by which imports are liquidated and how section 504 has been implemented. Part II examines how the CIT has interpreted the statute. Part III argues that the practice of Customs and the CIT's interpretation conflict with the congressional intent behind section 504. Finally, this Note concludes that in order to conform to Congress' intent, the importer's asserted rate should be given effect in deemed …
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines include: In The Jesuit Tradition: Have You Ever Thought About Volunteering?; Retrospective: Dean Feerick's Role In The Twenty-Fifth Amendment; Career Planning Tidbits
Federal Habeas Corpus After State Court Default: A Definition Of Cause And Prejudice, Maria L. Marcus
Federal Habeas Corpus After State Court Default: A Definition Of Cause And Prejudice, Maria L. Marcus
Fordham Law Review
The social interest in the general security and the social interest in the individual life continually come into conflict and in criminal law, as everywhere else in law the problem is one of . . . Balancing conflicting interests and of securing as many as may be and as completely as may be with the least sacrifice . . . .
Heaven Can Wait: Judicial Interpretation Of Title Vii's Religious Accommodation Requirement Since Trains World Airlines V. Hardison, Sara L. Silbiger
Heaven Can Wait: Judicial Interpretation Of Title Vii's Religious Accommodation Requirement Since Trains World Airlines V. Hardison, Sara L. Silbiger
Fordham Law Review
No abstract provided.
Statutes Of Limitations In United States Suits To Recover Oil Spill Cleanup Costs Under The Federal Water Pollution Control Act, Robert E. Jr. Maher
Statutes Of Limitations In United States Suits To Recover Oil Spill Cleanup Costs Under The Federal Water Pollution Control Act, Robert E. Jr. Maher
Fordham Law Review
No abstract provided.
Financial Reporters, The Securities Laws And The First Amendment: Where To Draw The Line, Tira Harpaz
Financial Reporters, The Securities Laws And The First Amendment: Where To Draw The Line, Tira Harpaz
Fordham Law Review
No abstract provided.
The President's Tax Proposals: A Major Step In The Right Direction, Edward Yorio
The President's Tax Proposals: A Major Step In The Right Direction, Edward Yorio
Fordham Law Review
No abstract provided.
Removing Temptation: Per Se Reversal For Judicial Indication Of Belief In The Defendant's Guilt, Jordan D. Becker
Removing Temptation: Per Se Reversal For Judicial Indication Of Belief In The Defendant's Guilt, Jordan D. Becker
Fordham Law Review
No abstract provided.
Union Affiliations And The Rights Of Nonunion Employees, Edward J. O'Connell
Union Affiliations And The Rights Of Nonunion Employees, Edward J. O'Connell
Fordham Law Review
No abstract provided.
The Greying Of American Trademarks: The Genuine Goods Exclusion Act And The Incongruity Of Customs Regulation 19 C.F.R. Section 133.21, Maureen Beyers
The Greying Of American Trademarks: The Genuine Goods Exclusion Act And The Incongruity Of Customs Regulation 19 C.F.R. Section 133.21, Maureen Beyers
Fordham Law Review
No abstract provided.
A Case For Increased Disclosure, Deborah Abramovsky
A Case For Increased Disclosure, Deborah Abramovsky
Fordham Urban Law Journal
The confidentiality rule is important but not absolute. An attorney must weigh his obligations to his client against his obligations to the profession and to the community as a whole. Reasonable certainty of the existence of potential danger should create a duty to reveal client secrets, and thus, when an attorney learns of an imminent threat of death or serious bodily harm to a third party from his client, disclosure should be mandatory. This type of limited exception would not interfere with the client's constitutional rights or with the orderly administration of justice. The policy behind such an exception, i.e. …
Privacy Rights In Medical Records, Carole M. Cleaver
Privacy Rights In Medical Records, Carole M. Cleaver
Fordham Urban Law Journal
The privacy interest recognized in medical records is in its infancy, as legal protections of personal information are relatively new. Major changes in medical technology, the introduction of third-party payment, government participation in medical care, and computerization of record-keeping have expanded the amount, type and accessibility of health data available about a patient. Concurrently, health records are now requested for a number of purposes, such as, legal actions, law enforcement, public health evaluation, employment, credit-rating, etc. Only limited access to these records should be permitted in order to protect the patient, yet public policy concerns also call for the disclosure …
"Not In My Neighborhood:" Legal Challenges To The Establishment Of Community Residences For The Mentally Disabled In New York State, Robert L. Schonfeld
"Not In My Neighborhood:" Legal Challenges To The Establishment Of Community Residences For The Mentally Disabled In New York State, Robert L. Schonfeld
Fordham Urban Law Journal
This Article examines the laws and lawsuits which have affected the establishment of community residences for the mentally disabled in New York State. First, the Article traces the history of community residences prior to the enactment of the Padavan Law in 1978. Thereafter, this Article analyzes the statute to determine whether its procedures and interpretations by courts have been consistent with the drafters' stated intentions. In addition to examining the statutory procedures, this Article considers issues of zoning, the statute's constitutionality, the standing of neighbors and neighborhood groups to challenge community residence sites, and the effect of restrictive covenants on …
Executing Youthful Offenders: The Unanswered Question In Eddings V. Oklahoma, Rona L. Just
Executing Youthful Offenders: The Unanswered Question In Eddings V. Oklahoma, Rona L. Just
Fordham Urban Law Journal
The juvenile justice system was created to "treat" and to "rehabilitate" the juvenile offender. But transfers to the adult criminal system allows for juvenile offenders to receive the death penalty for capital crimes. This Note examines the theories of punishment underlying the death penalty, briefly discusses the creation of the juvenile court system and the mechanism of juvenile transfer. This Note then discusses the development of the death penalty by examining Supreme Court cases which have considered state laws challenged under the eighth amendment as forms of cruel and unusual punishment. Supreme Court decisions which have extended constitutional guarantees to …
Death After Life: The Future Of New York's Mandatory Death Penalty For Murders Committed By Life-Term Prisoners, Andrea Galbo
Death After Life: The Future Of New York's Mandatory Death Penalty For Murders Committed By Life-Term Prisoners, Andrea Galbo
Fordham Urban Law Journal
This Note analyzes the relevant Supreme Court death penalty decisions from 1972 to 1985 in order to compare New York's mandatory death statute for life-term prisoners who murder with other state death penalty statutes that have been reviewed by the Supreme Court. After considering both the legal and nonlegal arguments, this Note concludes that there can not and should not be a mandatory death penalty for life-term prisoners who murder in New York. This Note recommends that the New York legislature draft a discretionary death penalty statute for life-term prisoners who murder. A discretionary death penalty statute, which provides for …
Admissibility Of Subsequent Remedial Measures Evidence In Diversity Actions Based On Strict Products Liability, Andrea Lynne Flink
Admissibility Of Subsequent Remedial Measures Evidence In Diversity Actions Based On Strict Products Liability, Andrea Lynne Flink
Fordham Law Review
No abstract provided.
Hiring Preference Acts: Has The Supreme Court Rendered Them Violations Of The Priviliges And Immunities Clause?, Thomas H. Day
Hiring Preference Acts: Has The Supreme Court Rendered Them Violations Of The Priviliges And Immunities Clause?, Thomas H. Day
Fordham Law Review
No abstract provided.
The Deregulation Of Commercial Television, Heidi R. Young
The Deregulation Of Commercial Television, Heidi R. Young
Fordham Urban Law Journal
In August 1984, the Federal Communications Commission released the Report and Order in the Matter of the Revision of Programming and Commercialization Policies, Ascertainment Requirements, and Program Log Requirements for Commercial Television Stations, affecting the FCC regulations concerning programming policies, ascertainment requirements, program logging rules and commercialization policies. This Note analyzes these regulatory changes from this Report and Order according the following structure: first, a historical exposition of radio and television regulation in general and of the areas affected by the deregulation in particular; second, an assessment of the changes in the context of the modern television marketplace; and third, …
Notice Requirements: Federal Preemption Of State And Local Plant Closing Statutes, Joanne K. Guinan
Notice Requirements: Federal Preemption Of State And Local Plant Closing Statutes, Joanne K. Guinan
Fordham Urban Law Journal
In an attempt to ease the burden placed on employees by the sudden, unannounced closing of their workplaces, several states' and cities throughout the United States have passed "plant closing statutes." The Federal government's Taft-Hartley Act requires that a company give a union reasonable notice of a decision to close in order that meaningful bargaining may be undertaken. This Note examines the general application of the preemption doctrine especially in the labor relations field and then applies the doctrine, specifically, to plant closing statutes. The Note then examines the invalidity of state and local statutes in light of the doctrine …
New York's System Of Indeterminate Sentencing And Parole: Should It Be Abolished?, Jeanine M. Schupbach
New York's System Of Indeterminate Sentencing And Parole: Should It Be Abolished?, Jeanine M. Schupbach
Fordham Urban Law Journal
New York State's indeterminate sentencing and parole system of 1985 resulted in sentence disparity, uncertain and prolonged prison terms and prisoner unrest rather than in peaceful prison rehabilitation. The length of imprisonment and time of release under an indeterminate sentencing system are dependent upon the prisoner's need for and responsiveness to correctional treatment programs. In response to the problems of indeterminate sentencing, the federal government and several state legislatures abandoned or modified indeterminacy and have adopted a variety of fixed sentencing plans. This Note describes the history and development of the indeterminate sentencing and parole system. It exposes the flaws …
Address By Judge Edward Weinfeld, Edward Weinfeld
Address By Judge Edward Weinfeld, Edward Weinfeld
Fordham Urban Law Journal
This is a transcript of Judge Edward Weinfeld's acceptance of the 1985 Fordham Stein Award.
The Minneapolis Anti-Pornography Ordinance: A Valid Assertion Of Civil Rights?, Winifred Ann Sandler
The Minneapolis Anti-Pornography Ordinance: A Valid Assertion Of Civil Rights?, Winifred Ann Sandler
Fordham Urban Law Journal
The author of this student note examines a recent Minneapolis city ordinance that declares pornography to be both subordination of and a form of sex discrimination towards women. First Amendment proponents challenged the ordinance as unconstitutional. The author considers whether the state has a compelling interest in protecting its citizens from civil rights violations, and whether that interest can overcome first amendment rights. The author concludes that pornography is neither a civil rights violation, nor a category of unprotected speech.
General Partnership Interests As Securities Under The Federal Securities Laws: Substance Over Form, Douglas M. Fried
General Partnership Interests As Securities Under The Federal Securities Laws: Substance Over Form, Douglas M. Fried
Fordham Law Review
No abstract provided.
Acceptance Of Partial Verdicts As A Safeguard Against Double Jeopardy, Mary S. O'Keefe
Acceptance Of Partial Verdicts As A Safeguard Against Double Jeopardy, Mary S. O'Keefe
Fordham Law Review
No abstract provided.
"Seek But You May Not Find": Non-Ucc Recorded, Unrecorded And Hidden Security Interests Under Article 9 Of The Uniform Commercial Code, Gerald T. Mclaughlin
"Seek But You May Not Find": Non-Ucc Recorded, Unrecorded And Hidden Security Interests Under Article 9 Of The Uniform Commercial Code, Gerald T. Mclaughlin
Fordham Law Review
No abstract provided.
Expanding The Liability Of Managing Underwriters Under The Securities Act Of 1933, Dana B. Klinges
Expanding The Liability Of Managing Underwriters Under The Securities Act Of 1933, Dana B. Klinges
Fordham Law Review
No abstract provided.
Discovery Under The Federal Rules Of Civil Procedure Of Attorney Opinion Work Product Provided To An Expert Witness, Bryan Lewis
Discovery Under The Federal Rules Of Civil Procedure Of Attorney Opinion Work Product Provided To An Expert Witness, Bryan Lewis
Fordham Law Review
No abstract provided.