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Articles 7681 - 7710 of 8567
Full-Text Articles in Entire DC Network
Omission And Nondisclosure Under Sed Rule 10b-5: A Distinction In Search Of A Difference, George O. Richardson, Iii
Omission And Nondisclosure Under Sed Rule 10b-5: A Distinction In Search Of A Difference, George O. Richardson, Iii
Fordham Urban Law Journal
This Note addresses a key element of Rule 10b-5 of the Securities and Exchange Act of 1934: causation. Though typically shown through reliance, some courts have allowed a proof of materiality to substitute. This Note addresses the circuit split and looks to articulating a difference between omission and nondisclosure in determining whether the court should rely on reliance or materiality.
Discretionarily Enhanced Sentences Based Upon Suspected Perjury At Trial , Robert M. Wetterer
Discretionarily Enhanced Sentences Based Upon Suspected Perjury At Trial , Robert M. Wetterer
Fordham Urban Law Journal
A judge's discretion is a vital aspect of our judicial system. However, a judge must be cognizant of the impact that his decisions and his beliefs have upon a defendant's constitutional rights. This note addresses the concern of judges enhancing sentencing of defendants convicted of a crime because the judges feel that at trial, the defendant may have committed perjury. Ultimately, it is important that the defendant not be penalized without a proper trial or proceeding to determine whether or not perjury actually occurred. In doing so, rights are protected and justice is served.
Prisoners' Rights To Physical And Mental Health Care: A Modern Expansion Of The Eight Amendment's Cruel And Unusual Punishment Clause , Stuart Klein
Prisoners' Rights To Physical And Mental Health Care: A Modern Expansion Of The Eight Amendment's Cruel And Unusual Punishment Clause , Stuart Klein
Fordham Urban Law Journal
This article addresses the need for appropriate mental health care in the prison system. Applying the eighth amendment's cruel and unusual punishment clause, the article outlines the current system for medical care and psychological programs within jails and prisons. Focusing on the deficiencies of medical care, the article proposes adding support to the modernization of mental health care by recognizing that the eighth amendment applies not just to the terms of imprisonment but to the availability of care.
Educational Malpractice: When Can Johnny Sue?
Educational Malpractice: When Can Johnny Sue?
Fordham Urban Law Journal
This comment explores three avenues to pursue educational malpractice suits. First, a negligence action for malpractice. Second, a cause of action for negligent misrepresentation. And finally, an action sounding in negligence for breach of statutory duty. Each avenue is explored in detail in terms of the likelihood of success. Importantly, the comment recognizes the inherent difficult of pursuing any education malpractice claim.
Environmental Considerations In Urban Highway Development: Westway- A Case In Point, Ralph B. Gilmartin
Environmental Considerations In Urban Highway Development: Westway- A Case In Point, Ralph B. Gilmartin
Fordham Urban Law Journal
This note provides an overview of the statutory law controlling urban highway construction. Specifically, it addresses the role that environmental considerations play in the decision making process. Focusing on the construction of the Westway highway in New York, the note outlines the complexities and the difficulties associated with massive highway constructions. The impact that construction has on the economy, on communities, on neighborhoods, and on the environment lead the author to seek a clarification in the statutory standards so as to reach an efficient solution.
The Right To Counsel: Attachment Before Criminal Judicial Proceedings?, Karen Akst Schecter
The Right To Counsel: Attachment Before Criminal Judicial Proceedings?, Karen Akst Schecter
Fordham Law Review
No abstract provided.
What's Wrong With Conglomerate Mergers?, Michael Pertschuk, Kenneth M. Davidson
What's Wrong With Conglomerate Mergers?, Michael Pertschuk, Kenneth M. Davidson
Fordham Law Review
No abstract provided.
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.
‘Oath-Functions’ And The ‘Oath Process’ In The Civil And Criminal Law Of The Ancient Near East, Donald Magnetti
‘Oath-Functions’ And The ‘Oath Process’ In The Civil And Criminal Law Of The Ancient Near East, Donald Magnetti
Faculty Scholarship
No abstract provided.
Privacy And Direct Mail Advertising, David P. Ballard
Privacy And Direct Mail Advertising, David P. Ballard
Fordham Law Review
No abstract provided.
A Proposed Rule Of Reason Analysis For Restrictions On Distribution, B.J. Douek
A Proposed Rule Of Reason Analysis For Restrictions On Distribution, B.J. Douek
Fordham Law Review
No abstract provided.
Mutual Fund Independent Directors: Putting A Leash On The Watchdogs, Ezio Scaldaferri
Mutual Fund Independent Directors: Putting A Leash On The Watchdogs, Ezio Scaldaferri
Fordham Law Review
No abstract provided.
Congressional Authorization Of Indirect Purchaser Treble Damage Claims: The Illinois Brick Wall Crumbles , Andrew Tureff
Congressional Authorization Of Indirect Purchaser Treble Damage Claims: The Illinois Brick Wall Crumbles , Andrew Tureff
Fordham Law Review
No abstract provided.
Lawyer-Controlled Title Insurance Companies: Legal Ethics And The Need For Insurance Department Regulation, H. Lee Roussel, Moses K. Rosenberg
Lawyer-Controlled Title Insurance Companies: Legal Ethics And The Need For Insurance Department Regulation, H. Lee Roussel, Moses K. Rosenberg
Fordham Law Review
No abstract provided.
Driver V. Helms And The Long-Arm, Strong-Arm Effects Of 28 U.S.C. § 1391(E), Frederick H. Mcgrath
Driver V. Helms And The Long-Arm, Strong-Arm Effects Of 28 U.S.C. § 1391(E), Frederick H. Mcgrath
Fordham Law Review
No abstract provided.
Lawyer-Controlled Title Insurance Companies: Legal Ethics And The Need For Insurance Department Regulation, H. Lee Roussel, Moses K. Rosenberg
Lawyer-Controlled Title Insurance Companies: Legal Ethics And The Need For Insurance Department Regulation, H. Lee Roussel, Moses K. Rosenberg
Fordham Law Review
No abstract provided.
Driver V. Helms And The Long-Arm, Strong-Arm Effects Of 28 U.S.C. § 1391(E), Frederick H. Mcgrath
Driver V. Helms And The Long-Arm, Strong-Arm Effects Of 28 U.S.C. § 1391(E), Frederick H. Mcgrath
Fordham Law Review
No abstract provided.
What's Wrong With Conglomerate Mergers?, Michael Pertschuk, Kenneth M. Davidson
What's Wrong With Conglomerate Mergers?, Michael Pertschuk, Kenneth M. Davidson
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.
Torts 1978 Survey Of New York Law: Part Five: Miscellaneous, Michael M. Martin
Torts 1978 Survey Of New York Law: Part Five: Miscellaneous, Michael M. Martin
Faculty Scholarship
The principal torts decisions this Survey year, especially in the products liability area, seemed to leave as many questions unanswered as they resolved. The Court of Appeals held that a noncontracting user's claim for injuries from a defective product sounded in tort for limitations purposes, but the Court did not decide what limitation period would be applicable if a statutory breach of warranty claim were also asserted. The contributory negligence defense to a strict products liability claim was upheld by a reference to the appellate division's opinion in a second-collision case. The analytically suspect "sales"-"service" distinction was reaffirmed in an …
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Advocate Chief Cops 1978 Keefe Award; Cyrus Vance Will Address Graduates Today; Name Advocate Editor; Moot Court Competition Set to Start; Humidor Stolen; Through the Year in Pictures
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Lost Exam May Mean Students Re-Take Test; Rose Hill Ups Tuition by $400; Grads Fix Time; Site Still Open; ABA Plans Panel On Obscenity; Byrne to Kick Off PAD Lecture Series; SBA Nomination, Elections Set
Des And A Proposed Theory Of Enterprise Liability , Naomi Sheiner
Des And A Proposed Theory Of Enterprise Liability , Naomi Sheiner
Fordham Law Review
No abstract provided.
I Swear That I'M Guilty, So Help Me God: The Oath In Rule 11 Proceedings, Margaret M. Vaughan
I Swear That I'M Guilty, So Help Me God: The Oath In Rule 11 Proceedings, Margaret M. Vaughan
Fordham Law Review
No abstract provided.
Charles D. Breitel - Judging In The Grand Style, Thomas Mayo
Charles D. Breitel - Judging In The Grand Style, Thomas Mayo
Fordham Law Review
When Chief Judge Charles D. Breitel retires from the New York Court of Appeals in December 1978, he will leave a legacy of judicial work that spans two and one-half decades, the last eleven years of which will have been a product of his years on New York's highest court. The process of sifting through not only the Chief Judge's many opinions but also his extrajudicial comments has no doubt begun in earnest in a number of quarters. This Article represents an initial attempt to evaluate Chief Judge Breitel's craftmanship as an appellate decisionmaker.
The Marriage Penalty: The Working Couple's Dilemma, Wendy C. Gerzog
The Marriage Penalty: The Working Couple's Dilemma, Wendy C. Gerzog
Fordham Law Review
No abstract provided.
Section 18 Of The Securities Exchange Act Of 1934: Putting The Bite Back Into The Toothless Tiger, John A. Occhipinti
Section 18 Of The Securities Exchange Act Of 1934: Putting The Bite Back Into The Toothless Tiger, John A. Occhipinti
Fordham Law Review
No abstract provided.
Shipowner's Duties And Apportionment Of Liability Under The Longshoremen's And Harbor Workers' Compensation Act, Anne Hintermeister
Shipowner's Duties And Apportionment Of Liability Under The Longshoremen's And Harbor Workers' Compensation Act, Anne Hintermeister
Fordham Law Review
No abstract provided.
Juvenile Privacy: A Minor's Right Of Access To Contraceptives, Victor D'Ammora
Juvenile Privacy: A Minor's Right Of Access To Contraceptives, Victor D'Ammora
Fordham Urban Law Journal
This note traces the historical development of an adult's right to privacy, explore and evaluate the minor's right of access to contraceptives, and focus on parental involvement in a minor's personal decisions regarding abortion and contraceptives.
Actuarial Liability: Erisa, Malpractice And The Equity Funding Fraud, Robert Hershan
Actuarial Liability: Erisa, Malpractice And The Equity Funding Fraud, Robert Hershan
Fordham Urban Law Journal
Article discusses the potential effect of the Employee Retirement Income Security Act of 1974 (ERISA) on actuaries. Article discusses how actuaries may be held accountable for negligence and whether they can be considered fiduciaries.