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Articles 7651 - 7680 of 8567
Full-Text Articles in Entire DC Network
The Nikkei Case: Toward A More Uniform Application Of The Direct Effect Clause Of The Foreign Sovereign Immunities Act, J. Blair Richardson, Jr.
The Nikkei Case: Toward A More Uniform Application Of The Direct Effect Clause Of The Foreign Sovereign Immunities Act, J. Blair Richardson, Jr.
Fordham International Law Journal
This Note will first examine the general purpose of the Foreign Sovereign Immunities Act and attempt to ascertain the intended meaning of the direct effect clause. It will then compare and contrast the Nikkei court's interpretation of the clause with the interpretations used in the other recent cases in the Southern District involving Nigerian cement contract disputes. Finally, this Note will suggest that the approach used in Nikkei is both correct and consistent with congressional intent as manifested in the legislative history of the Act.
Mutual Fund Advisory Fees--Too Much For Too Little?, Angelo G. Savino
Mutual Fund Advisory Fees--Too Much For Too Little?, Angelo G. Savino
Fordham Law Review
No abstract provided.
Financing The Small Credit Risk Corporation Under Section 302(B)(1): A Rejection Of The Meaningful Reduction Test, Steven C. Joszef
Financing The Small Credit Risk Corporation Under Section 302(B)(1): A Rejection Of The Meaningful Reduction Test, Steven C. Joszef
Fordham Law Review
No abstract provided.
Proposed Federal Discovery Rules For Complex Civil Litigation, Martin I. Kaminsky
Proposed Federal Discovery Rules For Complex Civil Litigation, Martin I. Kaminsky
Fordham Law Review
No abstract provided.
Possession And Presumptions: The Plight Of The Passenger Under The Fourth Amendment, Robert A. Gaynor
Possession And Presumptions: The Plight Of The Passenger Under The Fourth Amendment, Robert A. Gaynor
Fordham Law Review
No abstract provided.
Bail Reform For The Eighties: A Reply To Senator Kennedy , Steven Duke
Bail Reform For The Eighties: A Reply To Senator Kennedy , Steven Duke
Fordham Law Review
No abstract provided.
Insurer-Initiated Direct Actions And The Section 1332(C) Proviso: Maintaining The Spirit Of Diversity Jusrisdiction, William Murphy
Insurer-Initiated Direct Actions And The Section 1332(C) Proviso: Maintaining The Spirit Of Diversity Jusrisdiction, William Murphy
Fordham Law Review
No abstract provided.
Section 14 Of The Lanham Act--Ftc Authority To Challenge Generic Trademarks, John M. Fietkiewicz
Section 14 Of The Lanham Act--Ftc Authority To Challenge Generic Trademarks, John M. Fietkiewicz
Fordham Law Review
No abstract provided.
Inmate Abortions--The Right To Government Funding Behind The Prison Gates, Anne T. Vitale
Inmate Abortions--The Right To Government Funding Behind The Prison Gates, Anne T. Vitale
Fordham Law Review
No abstract provided.
Judicial Sentence Bargaining In The Federal Courts, Patricia A. Perrotta
Judicial Sentence Bargaining In The Federal Courts, Patricia A. Perrotta
Fordham Law Review
No abstract provided.
Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger
Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger
Fordham Law Review
No abstract provided.
Financing The Small Credit Risk Corporation Under Section 302(B)(1): A Rejection Of The Meaningful Reduction Test, Steven C. Joszef
Financing The Small Credit Risk Corporation Under Section 302(B)(1): A Rejection Of The Meaningful Reduction Test, Steven C. Joszef
Fordham Law Review
No abstract provided.
New York Proposed Code Of Evidence: Article V, The Symposium: The New York Proposed Code Of Evidence, Michael M. Martin
New York Proposed Code Of Evidence: Article V, The Symposium: The New York Proposed Code Of Evidence, Michael M. Martin
Faculty Scholarship
Article V of the New York Proposed Code of Evidence sets forth the rules of evidentiary privilege. Unlike other articles of the Proposed Code, it differs significantly from its federal counterpart. Article V of the Federal Rules of Evidence consists of only rule 501, which provides that, unless otherwise required by the constitution or federal statute, privileges in federal courts are governed by "the principles of the common law as they may be interpreted... in the light of reason and experience." Rule 501 further provides, however, that questions of privilege in civil cases as to which state law supplies the …
Trigger Price Mechanism: Protecting Competition Or Competitors, The , Jacqueline Nolan-Haley
Trigger Price Mechanism: Protecting Competition Or Competitors, The , Jacqueline Nolan-Haley
Faculty Scholarship
The International Trade Commission asserted that for most of 1978 and probably for the indefinite future, the TPM was "the greatest single factor influencing the conditions of competition" in the U.S. steel industry. The precise contours of this influence are uncertain. While it is premature to assess adequately the economic impact of the TPM, it is possible to make some observations vis-a-vis our national antitrust policy goals. The TPM, like the steel VRA's of 1972, has had no discernable impact on increasing efficiency through expansion, modernization or development of domestic steel-making technology. The TPM, however, does have an impact on …
Opec As A Legal Entity, Laurence Stoehr
Opec As A Legal Entity, Laurence Stoehr
Fordham International Law Journal
Evaluates the legal organization and past operations of OPEC in order to undersatnd it and anticipate in what direction this new economic power is headed.
Treaties– Mexican-American Treaty On The Execution Of Penal Sentences– Custody Of A Prisoner Under The Mexican-American Treaty Is Unlawful When Consent To The Transfer Is Coerced, David Vaida
Fordham International Law Journal
Looks at the arrest of Raymond Bayron Velez, Efran Morales Caban and Pedro Rosado and their relation to the Treaty between the United States of America and the United States Mexican States on the Execution of Penal Sentences (Treaty).
Regulation Of International Transactions Under The Commodity Exchange Act, Jerry W. Markham
Regulation Of International Transactions Under The Commodity Exchange Act, Jerry W. Markham
Fordham Law Review
No abstract provided.
Competency Testing Programs: Legal And Educational Issues , Merle Steven Mcclung
Competency Testing Programs: Legal And Educational Issues , Merle Steven Mcclung
Fordham Law Review
No abstract provided.
The Child-Parent Privilege: A Proposal, Susan Levine
The Child-Parent Privilege: A Proposal, Susan Levine
Fordham Law Review
No abstract provided.
The Appellate Division Of The Supreme Court Of New York: An Empirical Study Of Its Powers And Functions As An Intermediate State Court , Jill Paradise Botler, M. Christine Devita, Stephen John Kallas, William J. Ruane
The Appellate Division Of The Supreme Court Of New York: An Empirical Study Of Its Powers And Functions As An Intermediate State Court , Jill Paradise Botler, M. Christine Devita, Stephen John Kallas, William J. Ruane
Fordham Law Review
No abstract provided.
Voluntary Disclosure Programs, Jacqueline C. Wolff
Voluntary Disclosure Programs, Jacqueline C. Wolff
Fordham Law Review
No abstract provided.
U.C.C. Section 3-405: Of Imposters, Fictitious Payees, And Padded Payrolls, Vilia Hayes
U.C.C. Section 3-405: Of Imposters, Fictitious Payees, And Padded Payrolls, Vilia Hayes
Fordham Law Review
No abstract provided.
Municipal Free Speech: Banned In Boston? , Charles E. Ryan
Municipal Free Speech: Banned In Boston? , Charles E. Ryan
Fordham Law Review
No abstract provided.
The Presence Of Counsel In The Grand Jury Room, Jay Fenster
The Presence Of Counsel In The Grand Jury Room, Jay Fenster
Fordham Law Review
No abstract provided.
The New Uniform Limited Partnership Act: A Critique, Robert A. Kessler
The New Uniform Limited Partnership Act: A Critique, Robert A. Kessler
Fordham Law Review
No abstract provided.
Warrantless Arrests In Homes: Another Crisis For The Fourth Amendment , Darren O'Connor
Warrantless Arrests In Homes: Another Crisis For The Fourth Amendment , Darren O'Connor
Fordham Urban Law Journal
This comment addresses the distinction between a forcible entry for an arrest and one for a search. In doing so, the comment looks to the fourth amendment's bifurcated standard for searches and those for arrests. Balancing governmental interests with the privacy rights of individuals, the comment relays that a warrantless entry into the home for an arrest shall only be acceptable given certain exigent circumstances.
Constitutional Law- Due Process-Denial Of Inspection Of Personal Institutional File Does Not Violate A Parole Applicant's Right Of Due Process In The Second Circuit, Rabun Huff Bistline
Constitutional Law- Due Process-Denial Of Inspection Of Personal Institutional File Does Not Violate A Parole Applicant's Right Of Due Process In The Second Circuit, Rabun Huff Bistline
Fordham Urban Law Journal
Case note regarding the due process rights for parole applicants. In Williams v. Ward, the second circuit reversed the lower court and acknowledged that at the very least, some due process rights are guaranteed but that the disclosure of the parole file is not constitutionally guaranteed.
Emergency Tenant Protection In New York: Ten Years Of Rent Stabilization, Diane Ungar
Emergency Tenant Protection In New York: Ten Years Of Rent Stabilization, Diane Ungar
Fordham Urban Law Journal
New York City's rent stabilization system was designed as an alternative to the rent control system. Rent stabilization looked to the owners for supervision as a way to benefit not only the system but tenants through an informed and experienced administration. Unfortunately, the system has had its fair share of shortcomings as rules have become technical, complex, and ill equipped to address the concerns of tenants. This comment examines the stabilization system's history and its current status. Though the current system has flaws, the flaws can be fixed and must be to protect NYC tenants and owners.
Administrative Agencies And The Rites Of Due Process: Alternatives To Excessive Litigation, Daniel Lee Feldman
Administrative Agencies And The Rites Of Due Process: Alternatives To Excessive Litigation, Daniel Lee Feldman
Fordham Urban Law Journal
With the growth of courtroom litigation, it has become necessary for congress to look to administrative agencies to act in an adjudicative nature. In expanding the role of administrative agencies for efficiency and economic concerns, it is particularly important to still consider the due process rights of citizens. This article addresses the need to balance the procedural due process rights of individuals with the use of administrative agencies to eliminate or at the very least reduce excessive litigation.
Fiduciary Standards As Applied Under Erisa, Rosemary B. Orr
Fiduciary Standards As Applied Under Erisa, Rosemary B. Orr
Fordham Urban Law Journal
The Employee Retirement Income Security Act (ERISA) resulted in large changes in the laws of private pensions. However, with the use of exculpatory and indemnification provisions, ERISA has been limited in its ability to enhance the strength of fiduciary requirements for pension trustees. This comment examines the statutory language of ERISA and looks to understand judicial interpretation to look to the future of ERISA.