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Articles 7561 - 7590 of 8567
Full-Text Articles in Entire DC Network
The United States Position On Revising The Paris Convention: Quid Pro Quo Or Denunciation, Regina A. Loughran
The United States Position On Revising The Paris Convention: Quid Pro Quo Or Denunciation, Regina A. Loughran
Fordham International Law Journal
This Comment will begin by examining the history and purposes of the Paris Convention and its revisions; second, it will examine the conflict between the developed and developing nations regarding the Convention revision; and third, it will examine the legal validity of denouncing the Convention and establishing a new multilateral treaty. Finally, this Comment will suggest the approach the United States should adopt to advance its position regarding the Paris Convention revision.
Judicial Review Of Arbitral Proceedings, Joseph C. Sweeney
Judicial Review Of Arbitral Proceedings, Joseph C. Sweeney
Fordham International Law Journal
This paper will examine judicial review of the arbitration process from the viewpoint of the arbitrator, who is professionally interested in careful and fair procedures leading to an award that will not be overturned by the courts. The principle area of study will be the maritime arbitrations to which the Federal Arbitration Act (the statute) applies to.
Maritime Arbitration And The Federal Courts, Wilfred Feinberg
Maritime Arbitration And The Federal Courts, Wilfred Feinberg
Fordham International Law Journal
This article argues that arbitration offers a valuable and efficient alternative to the judicial resolution of disputes in a variety of areas, particularly in maritime law.
Roadblock To Trade: The State-Controlled Economy Issue In Antidumping Law Administration, Donald L. Cuneo, Charles B. Manuel, Jr.
Roadblock To Trade: The State-Controlled Economy Issue In Antidumping Law Administration, Donald L. Cuneo, Charles B. Manuel, Jr.
Fordham International Law Journal
This article will review and analyze the background of the SCE provisions, the operation and limitations of the current law as evidenced by recent cases, and the proposed legislation currently before Congress.
Defenses To International Antitrust Suits: An Aggregate Approach, Anthony C. Acampora
Defenses To International Antitrust Suits: An Aggregate Approach, Anthony C. Acampora
Fordham International Law Journal
Part I of this Comment will discuss briefly the cases in which the defenses have been asserted. Part I will examine the underlying policies of each defense. In Part II of this Comment each of the defenses will be applied separately to the facts of a recent antitrust case, In re Uranium Antitrust Litigation. Finally, in Part III, the application of the separatist approach to those facts will be critiqued, and an alternative approach to the defenses will be discussed.
Discriminatory Hiring Practices By Foreign Corporations In The United States– A Limited Right, Dushica D. Babich
Discriminatory Hiring Practices By Foreign Corporations In The United States– A Limited Right, Dushica D. Babich
Fordham International Law Journal
This Note will first examine the language of Title VII and the "of their choice" provision. It will then discuss the Second and Fifth Circuits' resolutions of the two issues faced by these courts. This Note will analyze the courts of appeals decisions of the two issues in light of Supreme Court interpretations of treaties. Finally, this Note will discuss whether the treaty's "of their choice" provision grants an absolute right or whether it accords a limited right which allows foreign employers to discriminate only on the basis of national origin when hiring personnel essential for the management and control …
The Burden Of Proof In Sec Disciplinary Proceedings: Preponderance And Beyond, Gordon K. Eng
The Burden Of Proof In Sec Disciplinary Proceedings: Preponderance And Beyond, Gordon K. Eng
Fordham Law Review
No abstract provided.
The Regulation Of Employment Under Title Ix--The Proper Scope Of Administrative Authority, Catherine M. Kelly
The Regulation Of Employment Under Title Ix--The Proper Scope Of Administrative Authority, Catherine M. Kelly
Fordham Law Review
No abstract provided.
Trustee Liability For Breach Of The Duty Of Loyalty: Good Faith Inquiry And Appreciation Damages, Barry L. Zins
Trustee Liability For Breach Of The Duty Of Loyalty: Good Faith Inquiry And Appreciation Damages, Barry L. Zins
Fordham Law Review
No abstract provided.
State Regulation Of Casino Gambling: Constitutional Limitations And Federal Labor Law Preemption, Kathryn Keneally
State Regulation Of Casino Gambling: Constitutional Limitations And Federal Labor Law Preemption, Kathryn Keneally
Fordham Law Review
No abstract provided.
Spielberg Reconsidered--Problems In Application And Content Of The Deferral Doctrine, John G. Culhane
Spielberg Reconsidered--Problems In Application And Content Of The Deferral Doctrine, John G. Culhane
Fordham Law Review
No abstract provided.
Juror Safety: The Presumption Of Innocence And Meaningful Voir Dire In Federal Criminal Prosecutions - Are They Endangered Species?, Abraham Abramovsky
Juror Safety: The Presumption Of Innocence And Meaningful Voir Dire In Federal Criminal Prosecutions - Are They Endangered Species?, Abraham Abramovsky
Fordham Law Review
No abstract provided.
Emotional Distress In Products Liability: Distinguishing Users From Bystanders, Linda Trummer-Napolitano
Emotional Distress In Products Liability: Distinguishing Users From Bystanders, Linda Trummer-Napolitano
Fordham Law Review
No abstract provided.
The Brooding Omnipresence Of The Federal Common Law: The Evisceration Of The Controlling Persons Provisions Of The Federal Securities Acts, James Duggan
Fordham Law Review
No abstract provided.
The Kemp-Garcia Enterprise Zone Bill: A New, Less Costly Approach To Urban Redevelopment, Robert W. Benjamin
The Kemp-Garcia Enterprise Zone Bill: A New, Less Costly Approach To Urban Redevelopment, Robert W. Benjamin
Fordham Urban Law Journal
This article examines the Reagan Administration's practice of creating enterprise zones in blighted urban areas. Enterprise zones are small areas which offer tax abatements and other incentives to to businesses willing to locate within the boundaries of the zone. The author acknowledges that this practice is not new, but argues that the Reagan administration would be the first to offer major incentives to encourage the private sector to undertake the task of rebuilding the nation's most impoverished areas. This article examines the Kemp-Garcia bill, which provides that enterprise zones are to be designated by the Secretary of commerce at the …
New Business Development, Hugh L. Carey
New Business Development, Hugh L. Carey
Fordham Urban Law Journal
This article discusses ways in which the states and the federal government can promote the continued development of new business. Carey identifies three reforms in which states could institute that would improve the business climate: taxes, development finance initiatives and regulatory reform. He discusses how current tax policies discourage risk taking behavior and suggests that any tax cut should aim to increase the liquidity available for capital investment, such as exempting investments made within a firm's first five years of existence from state capital gains tax, refunding investment tax credits, and broadening state sales tax exemptions. Carey also highlights how …
Debt-Equity Financing Guidelines: Capital Problems For Closely Held Businesses, Donald R. Ames
Debt-Equity Financing Guidelines: Capital Problems For Closely Held Businesses, Donald R. Ames
Fordham Urban Law Journal
Section 385 of the Internal Revenue Code authorized the Treasury to prescribe regulations to help both courts and taxpayers determine whether an interest in a corporation qualified as debt or equity for federal income tax purposes. On December 29, 1980, Treasury Decision 7747 was issued stating the final regulations for determining whether certain interests in a corporation should be treated as stock or indebtedness. The regulations are intended to provide certainty through objective tests for an area heretofore plagued by confusion. The new rules will generally apply to certain interests in small, closely held corporations created after April 30, 1980. …
Comparison Of Impasse Procedures: The New York City Collective Bargaining Law And The New York State Taylor Law, Robert H. Platt
Comparison Of Impasse Procedures: The New York City Collective Bargaining Law And The New York State Taylor Law, Robert H. Platt
Fordham Urban Law Journal
Many states have enacted statutes which offer viable alternatives to unions that wish to press their demands at the negotiation table but have been stripped of their power to conduct a lawful strike. Contending that New York needed a more effective method of resolving public sector disputes, Governor Rockefeller convened the Governor's Committee on Public Employee Relations in 1966, also known as the Taylor Committee. This committee proposed legislation that led to the passage in 1967 of the New York Public Employees' Fair Employment Act, commonly known as the Taylor Law. The Taylor Law not only prescribes rules and procedures …
The Effect Of The Employment-At-Will Rule On Employee Rights To Job Security And Fringe Benefits, Joseph Degiuseppe, Jr.
The Effect Of The Employment-At-Will Rule On Employee Rights To Job Security And Fringe Benefits, Joseph Degiuseppe, Jr.
Fordham Urban Law Journal
Traditional concepts concerning the law regarding employment relationships of an indefinite duration have been the object of much criticism in recent years. The source of this controversy stems from the application of the so-called employment-at-will rule which provides that employment relationships of this nature may be terminated by either party at any time with or without notice or cause. The at-will rule, however, is not about to be abandoned. The overwhelming majority of jurisdictions continue to adhere to the view that employment relationships of an indefinite duration may be terminated at any time without notice "for good cause, for no …
Shipowner Liability Under Section 905(B) Of The Longshoremen's And Harbor Workers' Compensation Act: A Proposed Standard Of Care, Michael A. Viani
Shipowner Liability Under Section 905(B) Of The Longshoremen's And Harbor Workers' Compensation Act: A Proposed Standard Of Care, Michael A. Viani
Fordham Urban Law Journal
The 1972 Amendments to the Longshoremen's and Harbor Workers' Compensation Act (LWHCA) greatly increased the maximum benefits to be paid to an injured longshoreman by the shipowner and, nullifying two Supreme Court decisions, permitted an injured longshoreman to maintain an action against a shipowner premised upon the "unseaworthiness" of the shipowner's vessel. A finding of "unseaworthiness" would render the shipowner fully liable for any injuries that occurred. As a result of the 1972 Amendments, section 905(b) of the LHWCA provides that an injured longshoreman" can recover damages against a shipowner only upon a showing of negligence. This article identifies and …
The Art Investment Contract: Application Of Securities Law To Art Purchases, Maureen Holm
The Art Investment Contract: Application Of Securities Law To Art Purchases, Maureen Holm
Fordham Urban Law Journal
This article examines art transactions as investment contracts. It posits that the art investor could benefit from the same preventive and remedial regulations imposed upon conventional investment transactions, describing and analyzing the five principal types of art transactions. It then explores the substantive concerns facing the art investor and existing protections, in comparison to the protections available to the investor in conventional securities investments. The article then analyzes the proposition that art transactions typically constitute investment contracts in light of Supreme Court decisions on the topic. Finally, the article discusses the current position of the Securities and Exchange Commission ("SEC") …
The Gnma Securities Market: An Analysis Of Proposals For A Regulatory Scheme, Janice L. D'Arrigo
The Gnma Securities Market: An Analysis Of Proposals For A Regulatory Scheme, Janice L. D'Arrigo
Fordham Urban Law Journal
This article explains the history behind the Government National Mortgage Association Mortgage-Backed Securities ("MSB") program, created in the 1960's to increase and stabilize the supply of residential mortgage credit to attract a broad base of investors. It also discusses the formation of the Government National Mortgage Association ("GNMA" or Ginnie Mae"), whose purpose is to assume certain functions of the Federal National Mortgage Association ("FNMA") that could not be carried out in the private market. It addresses the issue that Ginnie Maes are not regulated under the federal securities laws, and that as a result, trading abuses in the Ginnie …
A Law In Search Of A Policy: A History Of New York's Real Property Tax Exemption For Nonprofit Organizations, Robert L. Beebe, Stephen J. Harrison
A Law In Search Of A Policy: A History Of New York's Real Property Tax Exemption For Nonprofit Organizations, Robert L. Beebe, Stephen J. Harrison
Fordham Urban Law Journal
This article examines the problem of the erosion of the New York municipality tax bases due to a proliferation of New York property tax exemptions for nonprofit organizations. It posits that one of the most difficult and sensitive subjects of real property tax administration is the exemption available to property owned by nonprofit organizations, that do work solely for religious, charitable, hospital, educational, moral or mental improvement of men, women or children. It analyzes the effects of these tax exemptions utilizing a four tiered approach. First, it explains the history of an increasingly intense competition between the needs of the …
The Kemp-Garcia Enterprise Zone Bill: A New, Less Costly Approach To Urban Redevelopment, Robert W. Benjamin
The Kemp-Garcia Enterprise Zone Bill: A New, Less Costly Approach To Urban Redevelopment, Robert W. Benjamin
Fordham Urban Law Journal
This article examines the Reagan Administration's practice of creating enterprise zones in blighted urban areas. Enterprise zones are small areas which offer tax abatements and other incentives to to businesses willing to locate within the boundaries of the zone. The author acknowledges that this practice is not new, but argues that the Reagan administration would be the first to offer major incentives to encourage the private sector to undertake the task of rebuilding the nation's most impoverished areas. This article examines the Kemp-Garcia bill, which provides that enterprise zones are to be designated by the Secretary of commerce at the …
A Law In Search Of A Policy: A History Of New York's Real Property Tax Exemption For Nonprofit Organizations, Robert L. Beebe, Stephen J. Harrison
A Law In Search Of A Policy: A History Of New York's Real Property Tax Exemption For Nonprofit Organizations, Robert L. Beebe, Stephen J. Harrison
Fordham Urban Law Journal
This article examines the problem of the erosion of the New York municipality tax bases due to a proliferation of New York property tax exemptions for nonprofit organizations. It posits that one of the most difficult and sensitive subjects of real property tax administration is the exemption available to property owned by nonprofit organizations, that do work solely for religious, charitable, hospital, educational, moral or mental improvement of men, women or children. It analyzes the effects of these tax exemptions utilizing a four tiered approach. First, it explains the history of an increasingly intense competition between the needs of the …
Royalty Financing As A Tool For Economic Development, Michael Katovitz
Royalty Financing As A Tool For Economic Development, Michael Katovitz
Fordham Urban Law Journal
Venture capital funding is the segment of the capital market most oriented toward financing new, high-risk companies. Since 1970, however, fewer firms have been able to go public, decreasing the importance of venture capital as a mechanism for financing new firms. Because many new firms have been unable to go public, venture capitalists have to seek other methods of investments. These alternate methods have proven unacceptable and have contributed to a decrease in the use of venture capital as a source for financing new firms. This Note will first discuss the role that government has played in providing adequate financing …
A Model For Small Business Financing: The Canada Development Corporation, Marshall A. Heinberg
A Model For Small Business Financing: The Canada Development Corporation, Marshall A. Heinberg
Fordham Urban Law Journal
Development finance institutions which provide equity capital have been used to stimulate economic growth worldwide. The potential uses for equity development finance organizations in the United States have been recognized. Probably the most dramatic use, and one with broad economic ramifications is the establishment of an equity development finance institution to correct imperfections in the private capital market system of this country. One of the major flaws of the American capital market has been that the supply of capital for new small sized businesses has been artificially scarce. The focus of this Note will be , first to examine the …
State Taxation Of Federal Instrumentalities: Application To Federal Loan & Equity Programs, James W. Smith
State Taxation Of Federal Instrumentalities: Application To Federal Loan & Equity Programs, James W. Smith
Fordham Urban Law Journal
This Note discusses the attempts by states to tax entities which have a distinguishing connection to the federal government. Two competing interests are at stake. First, from the perspective of the federal government, such taxation by the state involves the power to destroy or at least the power to substantially interfere with the functions of federal law and thus subvert the operation of the Supremacy Clause. Second, because the taxing power is an essential instrument of every sovereign government, the judicial denial of a state's right to exercise this power would deprive it of a much needed source of revenue. …
The Alien Tort Statute: International Law As The Rule Of Decision, Richard A. Conn, Jr.
The Alien Tort Statute: International Law As The Rule Of Decision, Richard A. Conn, Jr.
Fordham Law Review
No abstract provided.
Interstate Jurisdictional Compacts: A New Theory Of Personal Jurisdiction, Mark C. Smith
Interstate Jurisdictional Compacts: A New Theory Of Personal Jurisdiction, Mark C. Smith
Fordham Law Review
No abstract provided.