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Fordham Law School

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Stock Redemptions: The Standards For Qualifying As A Purchase Under Section 302(B), Douglas A. Kahn Jan 1981

Stock Redemptions: The Standards For Qualifying As A Purchase Under Section 302(B), Douglas A. Kahn

Fordham Law Review

No abstract provided.


Passport Revocation: A Critical Analysis Of Haig V. Agee And The Policy Test, Joy Beane Jan 1981

Passport Revocation: A Critical Analysis Of Haig V. Agee And The Policy Test, Joy Beane

Fordham International Law Journal

Part I of this Note will discuss briefly the history of the Passport Act and of travel control statutes with an emphasis on the changing nature and purpose of passports. That section will also review a significant case, decided in 1955 in which the power of the Secretary to deny a passport was challenged. Part II will examine the rationale underlying the Kent v. Dulles decision. Finally, Part III will focus on the Supreme Court's treatment of the issues presented in Haig v. Agee and will explore the effects of the Court's decision on first and fifth amendment rights.


Defining Jurisdictional Limits In International Antitrust: Should The Eec Adopt The Timberlane Approach?, Eric L. Gilioli Jan 1981

Defining Jurisdictional Limits In International Antitrust: Should The Eec Adopt The Timberlane Approach?, Eric L. Gilioli

Fordham International Law Journal

The far reach of United States antitrust laws has been a source of considerable irritation to many allies of the United States. There is a proceeding by the Commission of the European Communities against International Business Machines Corporation (IBM). IBM has argued that the Commission must use a balancing test of state interests when deciding the case. However, this would involve changing the EEC's methods of evaluating its jurisdiction over conduct abroad. This Comment discusses whether such a change is desireable by 1) examing the principle as it evolved in the United States, 2) the EEC's current practice in such …


A Comparative Fault Approach To The Due Diligence Requirement Of Rule 10b-5, Mario J. Suarez Jan 1981

A Comparative Fault Approach To The Due Diligence Requirement Of Rule 10b-5, Mario J. Suarez

Fordham Law Review

No abstract provided.


"Add On" Clauses In Equipment Purchase Money Financing: Too Much Of A Good Thing , Gerald T. Mclaughlin Jan 1981

"Add On" Clauses In Equipment Purchase Money Financing: Too Much Of A Good Thing , Gerald T. Mclaughlin

Fordham Law Review

No abstract provided.


Note: Economies Of Scale: Weighing Operating Efficiency When Enforcing Antitrust Law, Laraine L. Laudati Jan 1981

Note: Economies Of Scale: Weighing Operating Efficiency When Enforcing Antitrust Law, Laraine L. Laudati

Fordham Law Review

No abstract provided.


Procedural Characterization Of Post-Judgment Requests For Attorney's Fees In Civil Rights Cases--Eliminating Artificial Barriers To Awards, Edward M. Roth Jan 1981

Procedural Characterization Of Post-Judgment Requests For Attorney's Fees In Civil Rights Cases--Eliminating Artificial Barriers To Awards, Edward M. Roth

Fordham Law Review

No abstract provided.


Fourth Amendment Protection For The Juvenile Offender: State, Parent, And The Best Interests Of The Minor, Kenneth T. Hanley Jan 1981

Fourth Amendment Protection For The Juvenile Offender: State, Parent, And The Best Interests Of The Minor, Kenneth T. Hanley

Fordham Law Review

No abstract provided.


Discharge Of Indebtedness Income And The Bankruptcy Tax Act Of 1980: An Economic Benefit Approach, Robert Goebel Jan 1981

Discharge Of Indebtedness Income And The Bankruptcy Tax Act Of 1980: An Economic Benefit Approach, Robert Goebel

Fordham Law Review

No abstract provided.


A Policy Analysis Of The American Law Of Foreign State Immunity, Thomas H. Hill Jan 1981

A Policy Analysis Of The American Law Of Foreign State Immunity, Thomas H. Hill

Fordham Law Review

No abstract provided.


Aerial Surveillance: Overlooking The Fourth Amendment , Susan A. Higgins Jan 1981

Aerial Surveillance: Overlooking The Fourth Amendment , Susan A. Higgins

Fordham Law Review

No abstract provided.


Sex Discrimination And The Burger Court: A Retreat In Progress?, Caren Dubnoff Jan 1981

Sex Discrimination And The Burger Court: A Retreat In Progress?, Caren Dubnoff

Fordham Law Review

No abstract provided.


Amniocentesis And The Apotheosis Of Human Quality Control, Jacqueline Nolan-Haley Jan 1981

Amniocentesis And The Apotheosis Of Human Quality Control, Jacqueline Nolan-Haley

Faculty Scholarship

No abstract provided.


Professional Responsibility Issues In International Law Practice , Roger J. Goebel Jan 1981

Professional Responsibility Issues In International Law Practice , Roger J. Goebel

Faculty Scholarship

The present Code of Professional Responsibility (CPR) is essentially geared to guide the conduct of the lawyer as advocate or litigator. It is certainly of assistance to the American international lawyer in establishing guidelines for his conduct, but only of limited assistance since the international lawyer usually serves more as an advisor to, or negotiator for, his clients. In contrast, the recent ABA draft Model Rules of Professional Conduct (MRPC) provide a more useful basis for examination of the international lawyer's ethical responsibilities, as they do in many respects for the corporate or commercial lawyer who assists domestic clients in …


Conjugal Violence: The Law Of Force And The Force Of Law , Maria Marcus Jan 1981

Conjugal Violence: The Law Of Force And The Force Of Law , Maria Marcus

Faculty Scholarship

The Article concludes that neither the impartial mission of the rule of law nor the neatly tooled goal of individual justice has been served by the governmental response to conjugal violence, and suggests the elements from which a valid approach may be constructed.


Plain English Movement, The Plain English Movement: Panel Discussion, Carl Felsenfeld Jan 1981

Plain English Movement, The Plain English Movement: Panel Discussion, Carl Felsenfeld

Faculty Scholarship

One of the dominant events between 1975 and today in United States consumer law was the birth of what has become known as the "plain English movement". For centuries lawyers have been derided for the nature of their prose. A word will not suffice where two or even three can take its place; long sentences are preferable to short ones; Latin, or perhaps medieval French, are preferable to English. The plain English movement is the name given to the first effective effort to change this and to write legal documents, particularly those used by consumers, in a manner that can …


Court Appointment Of Attorneys In Civil Cases: The Constitutionality Of Uncompensated Legal Assistance Note, Bruce A. Green Jan 1981

Court Appointment Of Attorneys In Civil Cases: The Constitutionality Of Uncompensated Legal Assistance Note, Bruce A. Green

Faculty Scholarship

Whether an individual becomes a party to judicial proceeding involuntarily, as a criminal or civil defendant, or voluntarily, as a civil plaintiff seeking redress of an injury, the assistance of counsel will increase his chances for a favorable disposition. When an impecunious litigant is unable to retain counsel, the question arises of who must bear the burden created by the complexity of adjudication. Although the Supreme Court has been sympathetic to the need for counsel in criminal cases, an indigent litigant in civil cases often will be denied legal assistance, and therefore will bear the burden himself In other instances, …


The Advocate, The Advocate, Fordham Law School Oct 1980

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines Include: Laurels For Feerick: An Alumnus To Remember; Crime at Fordham; Who's Next?, Film at 11


The Advocate, The Advocate, Fordham Law School Mar 1980

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines Include: Talk of the Town: Luncheon at the Waldorf; Shaw Honored by BALSA; Shaw Honored by BALSA


The Advocate, The Advocate, Fordham Law School Feb 1980

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines Include: Fordham Law Moot Court Team Reaches Top 16; ILF Draws Praise; Law Women to Attend National Conference


The Advocate, The Advocate, Fordham Law School Jan 1980

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines Include: Faculty Abolishes Class Rank; Trustees Raise Tuition Yet Again; Moot Court Team Faces Catholic University; Attorney General Civiletti: Law and CIA


Canada's Foreign Investment Review Act Revisited, Barry J. O’Sullivan Jan 1980

Canada's Foreign Investment Review Act Revisited, Barry J. O’Sullivan

Fordham International Law Journal

The regulatory scheme mentioned is the Foreign Investment Review Act (FIRA)passed by the Parliament of Canada in December 1973. The FIRA was a response to a growing nationalist feeling in the early 1970's, from which developed a resentment of the seeming omnipresence of foreign business in the Canadian economy and a fear of the long-term consequences of such presence. In examining the FIRA, this Note will explore the factors that led to passage of the legislation. The Act will be analyzed in depth. Important statutory language will be defined and explained, and the review process of the FIRA will be …


Termination Of Treaties As A Political Question: The Role Of Congress After Goldwater V. Carter, Howard Konar Jan 1980

Termination Of Treaties As A Political Question: The Role Of Congress After Goldwater V. Carter, Howard Konar

Fordham International Law Journal

The purpose of this Comment is to illustrate a theory of political question jurisprudence which would have allowed the courts to rule that the issue of treaty termination presents a political question without creating unnecessary precedents for the expansion of executive power. Part I will briefly review four leading theories of the political question doctrine, focusing on the difference between exemption of a constitutional issue from judicial review and denial of relief within the context of judicial review. Based on this analysis, Part II will examine the plurality's approach in Goldwater, and explore two alternative approaches for categorizing the issue …


The Iranian Hostage Agreements: A Legal Analysis , Gerald T. Mclaughlin, Ludwik A. Teklaff Jan 1980

The Iranian Hostage Agreements: A Legal Analysis , Gerald T. Mclaughlin, Ludwik A. Teklaff

Fordham International Law Journal

The analysis contained in this article is divided into four parts. Part I will analyze the validity of the agreements under the law of treaties. Part II will discuss the power of the President to conclude these agreements. Part III will explore the various constitutional problems raised by requiring American claimants to seek binding third-party arbitration in the International Arbitral Tribunal and by banning the prosecution of claims against Iran hostages. Part IV will discuss the constitutional issues raised by freezing the assets of the estate of the Shah and his family.


Judicial Sentence Bargaining In The Federal Courts, Patricia A. Perrotta Jan 1980

Judicial Sentence Bargaining In The Federal Courts, Patricia A. Perrotta

Fordham Law Review

No abstract provided.


Inmate Abortions--The Right To Government Funding Behind The Prison Gates, Anne T. Vitale Jan 1980

Inmate Abortions--The Right To Government Funding Behind The Prison Gates, Anne T. Vitale

Fordham Law Review

No abstract provided.


Section 14 Of The Lanham Act--Ftc Authority To Challenge Generic Trademarks, John M. Fietkiewicz Jan 1980

Section 14 Of The Lanham Act--Ftc Authority To Challenge Generic Trademarks, John M. Fietkiewicz

Fordham Law Review

No abstract provided.


Choice Of Forum Provisions And The Intrastate Dilemma: Is Ouster Ousted?, Patrick J. Barrett Jan 1980

Choice Of Forum Provisions And The Intrastate Dilemma: Is Ouster Ousted?, Patrick J. Barrett

Fordham Law Review

No abstract provided.


The Exchange Of Price Information As A Restraint Of Trade: Reassessing Per Se Rules In Light Of First Amendment Protection Of Commercial Speech, Craig R. Maginness Jan 1980

The Exchange Of Price Information As A Restraint Of Trade: Reassessing Per Se Rules In Light Of First Amendment Protection Of Commercial Speech, Craig R. Maginness

Fordham Law Review

No abstract provided.


Due Process Behind Bars--The Intrinsic Approach, Joseph Guglielmelli Jan 1980

Due Process Behind Bars--The Intrinsic Approach, Joseph Guglielmelli

Fordham Law Review

No abstract provided.