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Fordham Law School

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Eec Competition Actions In Member States' Courts – Claims For Damages, Declarations And Injunctions For Breach Of Community Antitrust Law, John Temple Lang Jan 1983

Eec Competition Actions In Member States' Courts – Claims For Damages, Declarations And Injunctions For Breach Of Community Antitrust Law, John Temple Lang

Fordham International Law Journal

It seems likely that the need for protection against private claims for damages will cause more corporations to notify the Commission of their agreements and practices so as to obtain exemptions or, if appropriate, negative clearances. Whether this will cause a net increase in the Commission’s workload is not clear, since there will be a concomitant decrease in the number of cases dealt with by the Commission. The Commission could try to solve any problem of increasing workload by proposing a directive to harmonize national laws and procedures in a way which would encourage plaintiffs to bring claims in national …


Copyright Protection In The Cable Television Industry: Satellite Retransmission And The Passive Carrier Exemption, Niels B. Schaumann Jan 1983

Copyright Protection In The Cable Television Industry: Satellite Retransmission And The Passive Carrier Exemption, Niels B. Schaumann

Fordham Law Review

No abstract provided.


Censoring Indecent Cable Programs: The New Morality Meets The New Media, Thomas G. Krattenmaker, Marjorie L. Esterow Jan 1983

Censoring Indecent Cable Programs: The New Morality Meets The New Media, Thomas G. Krattenmaker, Marjorie L. Esterow

Fordham Law Review

No abstract provided.


Seabeds, Soverignty And Objective Regimes, Dennis W. Arrow Jan 1983

Seabeds, Soverignty And Objective Regimes, Dennis W. Arrow

Fordham International Law Journal

The United States and some of its major allies have been negotiating for some time concerning the establishment of an “alternative” seabed mining regime. Before confronting this issue, however, several threshold issues will be addressed. These will include descriptions of the nodule mining venture, the proposed UNCLOS regime to govern it, and the most recent developments in the U.S. backed “alternative” or reciprocating states” regime. After addressing the “objective regime” hypothesis, a strategy for avoiding potential U.S. estoppel to deny the validity of UNCLOS’ seabed mining regulations will be explored. Finally, possible scenarios for future seabed regulations and their attendant …


Beshada V. Johns-Manville Products Corp.: Evolution Or Revolution In Strict Products Liability?, Christopher M. Placitella, Alan M. Darnell Jan 1983

Beshada V. Johns-Manville Products Corp.: Evolution Or Revolution In Strict Products Liability?, Christopher M. Placitella, Alan M. Darnell

Fordham Law Review

No abstract provided.


State Regulation Of Tender Offers For Insurance Companies After Edgar V. Mite, Susan Webster Jan 1983

State Regulation Of Tender Offers For Insurance Companies After Edgar V. Mite, Susan Webster

Fordham Law Review

No abstract provided.


Title Ix Of The 1972 Education Amendments: Harmonizing Its Restructive Language With Its Broad Remedial Purpose, Claudia S. Lewis Jan 1983

Title Ix Of The 1972 Education Amendments: Harmonizing Its Restructive Language With Its Broad Remedial Purpose, Claudia S. Lewis

Fordham Law Review

No abstract provided.


Waiver Of Jury Trials In Federal Criminal Cases: A Reassessment Of The "Prosecutorial Veto", Fred Anthony Decicco Jan 1983

Waiver Of Jury Trials In Federal Criminal Cases: A Reassessment Of The "Prosecutorial Veto", Fred Anthony Decicco

Fordham Law Review

No abstract provided.


Robin-Patman Law: A Review And Analysis, Hugh C. Hansen Jan 1983

Robin-Patman Law: A Review And Analysis, Hugh C. Hansen

Fordham Law Review

No abstract provided.


Section 558(C) Of The Administrative Procedure Act: Is A Formal Hearing To Demonstrate Compliance Required Before License Revocation Or Suspension?, Geraldine F. Baldwin Jan 1983

Section 558(C) Of The Administrative Procedure Act: Is A Formal Hearing To Demonstrate Compliance Required Before License Revocation Or Suspension?, Geraldine F. Baldwin

Fordham Law Review

No abstract provided.


Regularly Conducted Non-Collusive Mortgage Foreclosure Sales: Inapplicability Of Section 548(A)(2) Of The Bankruptcy Code, Edward Goodman Jan 1983

Regularly Conducted Non-Collusive Mortgage Foreclosure Sales: Inapplicability Of Section 548(A)(2) Of The Bankruptcy Code, Edward Goodman

Fordham Law Review

No abstract provided.


Rule 35(B) Of The Federal Rules Of Criminal Procedure: Balancing The Interests Underlying Sentence Reduction, B. Carole Hoffman Jan 1983

Rule 35(B) Of The Federal Rules Of Criminal Procedure: Balancing The Interests Underlying Sentence Reduction, B. Carole Hoffman

Fordham Law Review

No abstract provided.


Equitable Division And The Law Of Finders, R. H. Helmholz Jan 1983

Equitable Division And The Law Of Finders, R. H. Helmholz

Fordham Law Review

No abstract provided.


National League Of Cities V. Usery Revisited - Is The Quondam Constitutional Mountain Turning Out To Be Only A Judicial Molehill?, Bernard Schwartz Jan 1983

National League Of Cities V. Usery Revisited - Is The Quondam Constitutional Mountain Turning Out To Be Only A Judicial Molehill?, Bernard Schwartz

Fordham Law Review

No abstract provided.


The Advocate, The Advocate, Fordham Law School Nov 1982

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines Include: Faculty Questionnaire Flops; Student Faculty Luncheons


John F. Sonnett Memorial Lecture Series: Barristers And Judges In England Today, Robert Megarry Apr 1982

John F. Sonnett Memorial Lecture Series: Barristers And Judges In England Today, Robert Megarry

Lectures

Lecture by Vice-Chancellor Robert Megarry of the Supreme Court of England and Wales (1976-1985), regarding the inside workings of the English Barrier System. Includes speaker biography and introduction.


United Nations Financing Of The Law Of The Sea Preparatory Commission: May The United States Withhold Payment?, Patrick J. Hynes Jan 1982

United Nations Financing Of The Law Of The Sea Preparatory Commission: May The United States Withhold Payment?, Patrick J. Hynes

Fordham International Law Journal

In this Note, the legal basis of the United States position will be evaluated. After an overview of the events surrounding the controversy, the sources of the General Assembly's budgetary and apportioning authority and the United Nations' budget procedures will be considered. There will follow a discussion of an International Court of Justice advisory opinion upon which both the United States and its opponents rely. Finally, the financial arrangement between the United Nations and the Preparatory Commission (Commission) will be examined in light of the formal relationship between those two bodies.


Argentina's System Of Foreign Investments, Enrique Dahl Jan 1982

Argentina's System Of Foreign Investments, Enrique Dahl

Fordham International Law Journal

The purpose of this article is to provide the practitioner with an understanding of Argentina's foreign investment norms, supply some general information related to this area and, whenever possible, explain how the authorities have applied the law to specific cases. A discussion of the Anglo-Argentine South Atlantic confrontation and its effect on foreign investment is included.


Commercial Dispute Settlement In China-United States Trade: Conciliation In Perspective, Denis Woychuk Jan 1982

Commercial Dispute Settlement In China-United States Trade: Conciliation In Perspective, Denis Woychuk

Fordham International Law Journal

This Note analyzes the Chinese approach to commercial dispute settlement in the context of international contracts. Part I examines article VIII, the dispute settlement portion of the Trade Agreement, and the Chinese procedures for private dispute settlement. Part II discusses the problems of legal uncertainty that exist in the Chinese approach and the prospect of emerging Chinese law. Part III discusses the current importance of conciliation in Chinese dispute settlement, presents a case study of an actual joint conciliation conducted in China, and evaluates the results.


Prohibiting Indirect Assistance To International Terrorists: Closing The Gap In United States Law, Dawna M. Cobb Jan 1982

Prohibiting Indirect Assistance To International Terrorists: Closing The Gap In United States Law, Dawna M. Cobb

Fordham International Law Journal

This Note analyzes the legislative history and case law construing the applicable statutes to determine if a court could extend these statutes to cover indirect involvement of United States citizens and resident aliens in international terrorist acts. The Note will demonstrate that current statutes do not adequately prohibit indirect involvement with international terrorists and will propose new legislation.


Attachment Prior To The Enforcement Of International Arbitral Awards Under The New York Convention, Peter J. Fitzpatrick Jan 1982

Attachment Prior To The Enforcement Of International Arbitral Awards Under The New York Convention, Peter J. Fitzpatrick

Fordham International Law Journal

This Note will analyze the court of appeals decision in Cooper v. Ateliers de la Motobecane, S.A.,and examine the usefulness and suitability of permitting attachments pending arbitration proceedings.


Prospective Determinations Of Derived Use In Civil Proceedings: Upsetting The Immunity Balance, Hilary Anne Zealand Jan 1982

Prospective Determinations Of Derived Use In Civil Proceedings: Upsetting The Immunity Balance, Hilary Anne Zealand

Fordham Law Review

No abstract provided.


Admissibility Of Evidence In Probation/Parole Revocation Proceedings And In Criminal Prosecutions: Applying A Single Standard, Steven Monteforte Jan 1982

Admissibility Of Evidence In Probation/Parole Revocation Proceedings And In Criminal Prosecutions: Applying A Single Standard, Steven Monteforte

Fordham Law Review

No abstract provided.


Letters Of Credit As Preferential Transfers In Bankruptcy, Gerald T. Mclaughlin Jan 1982

Letters Of Credit As Preferential Transfers In Bankruptcy, Gerald T. Mclaughlin

Fordham Law Review

No abstract provided.


Beyond Upjohn: Achieving Certainty By Expanding The Scope Of The Corporate Attorney-Client Privilege, Jacqueline A. Weiss Jan 1982

Beyond Upjohn: Achieving Certainty By Expanding The Scope Of The Corporate Attorney-Client Privilege, Jacqueline A. Weiss

Fordham Law Review

No abstract provided.


Federal Income Tax Rulemaking: An Economic Approach, Edward Yorio Jan 1982

Federal Income Tax Rulemaking: An Economic Approach, Edward Yorio

Fordham Law Review

No abstract provided.


Overruling Supreme Court Precedents: Anticipatory Actions By United States Court Of Appeals, Margaret N. Kniffen Jan 1982

Overruling Supreme Court Precedents: Anticipatory Actions By United States Court Of Appeals, Margaret N. Kniffen

Fordham Law Review

No abstract provided.


Determing The Proper Scope Of Section 2113(B) Of The Federal Bank Robbery Act, Jeanne F. Phillips Jan 1982

Determing The Proper Scope Of Section 2113(B) Of The Federal Bank Robbery Act, Jeanne F. Phillips

Fordham Law Review

No abstract provided.


Parent-Child Immunity: A Doctrine In Search Of Justification, Gail D. Hollister Jan 1982

Parent-Child Immunity: A Doctrine In Search Of Justification, Gail D. Hollister

Fordham Law Review

No abstract provided.


Settlement Of Securities Litigation Through The Issuance Of Securities Without Registration: The Use Of Section 3(A)(10) In Sec Enforcement Proceedings, Seymour Glanzer, Howard Schiffman, Mark Packman Jan 1982

Settlement Of Securities Litigation Through The Issuance Of Securities Without Registration: The Use Of Section 3(A)(10) In Sec Enforcement Proceedings, Seymour Glanzer, Howard Schiffman, Mark Packman

Fordham Law Review

No abstract provided.