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Fordham Law School

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Media, Multimedia, And European Community Antitrust Law, John Temple Lang Jan 1997

Media, Multimedia, And European Community Antitrust Law, John Temple Lang

Fordham International Law Journal

This Article discusses the main European Community (“EC”) antitrust law issues that have arisen in the media industries or which are especially relevant to media. Part I discusses general principles and directives that influence multimedia law. Part II examines the relevant markets which relate to multimedia. Part III reviews evidence of dominance within multimedia. Part IV discusses the impact multimedia has had upon broadcasting sports events within the European Union (“EU”). Part IV also considers film catalogues and performing rights societies. Part V explores mergers within the media sector. Part VI discusses conditional access systems. Finally, the Article concludes that …

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Judging Cases V. Public Opinion, Joseph W. Bellacosa Jan 1997

Judging Cases V. Public Opinion, Joseph W. Bellacosa

Fordham Law Review

No abstract provided.

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The Elusive Quest For Global Justice, Edward B. Foley Jan 1997

The Elusive Quest For Global Justice, Edward B. Foley

Fordham Law Review

No abstract provided.

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May I Ask You A Personal Question--The Right To Privacy And Hiv Testing In The European Community And The United States, Ann E. Stanley Jan 1997

May I Ask You A Personal Question--The Right To Privacy And Hiv Testing In The European Community And The United States, Ann E. Stanley

Fordham Law Review

No abstract provided.

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Creating Problems Rather Than Solving Them: Why Criminal Parental Responsibility Laws Do Not Fit Within Our Understanding Of Justice , Tami Scarola Jan 1997

Creating Problems Rather Than Solving Them: Why Criminal Parental Responsibility Laws Do Not Fit Within Our Understanding Of Justice , Tami Scarola

Fordham Law Review

No abstract provided.

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Female Genital Mutilation: What Does The New Federal Law Really Mean?, Khadijah F. Sharif Jan 1997

Female Genital Mutilation: What Does The New Federal Law Really Mean?, Khadijah F. Sharif

Fordham Urban Law Journal

This Comment considers the growing number of immigrants who bring the traditional practice of female genital mutilation to the United States and examines the difficulty in protecting victims from the practice of female genital mutilation in insular communities. Part I outlines the three types of female genital mutilation, the cultural and religious reasons for the ritual, and the existence of the practice in the United States. Part II examines the provisions of the Immigrant Responsibility Act of 1996. Part III recognizes that the passage that the passage of the Immigrant Responsibility Act of 1996 is timely, but argues that its …

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Bioethical Consideration Of Maternal-Fetal Issues, Linda Farber Post Jan 1997

Bioethical Consideration Of Maternal-Fetal Issues, Linda Farber Post

Fordham Urban Law Journal

The relationship between a pregnant woman and her fetus is unlike any other in law, medicine, or ethics. This Article examines the complexity of the maternal-fetal conflict, focusing on the interests of the woman and the sometimes conflicting interests of her fetus. Part I discusses the typical analytical background of the conflict, explaining the various ethical principles, rights, and obligations involved such as autonomy, beneficence and nonmaleficence, and justice. Part II explores the various choices made by the pregnant woman, as well as the state’s attempts to regulate those choices on behalf of the fetus. This Article concludes that, while …

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Encrypted Digital Cash Transfers: Why Traditional Money Laundering Controls May Fail Without Uniform Cryptography Regulations, Christopher D. Hoffman Jan 1997

Encrypted Digital Cash Transfers: Why Traditional Money Laundering Controls May Fail Without Uniform Cryptography Regulations, Christopher D. Hoffman

Fordham International Law Journal

This Note argues that key escrow represents a solution to the problem of digital money laundering. In addition, this Note argues that the European Commission has wrongly concluded that key escrow should develop as a product of market forces rather than aggressive legislation, and should align its policy with the United States, France, and Great Britain to develop a joint network of key escrow authorities. Part I of this Note explains the operation of digital payment systems, digital money, and cryptography. Part I also sets forth existing legal safeguards against money laundering. Part II outlines the key escrow policies of …

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Principles And Passions: The Intersection Of Abortion And Gun Rights , Nicholas J. Johnson Jan 1997

Principles And Passions: The Intersection Of Abortion And Gun Rights , Nicholas J. Johnson

Faculty Scholarship

In this article, Professor Nicholas J. Johnson explores the parallels between the right of armed self-defense and the woman's right to abortion. Professor Johnson demonstrates that the theories and principles advanced to support the abortion right intersect substantially with an individual's right to armed self-defense. Professor Johnson uncovers common ground between the gun and abortion rights - two rights that have come to symbolize society's deepest social and cultural divisions - divisions that prompt many to embrace the abortion right while summarily rejecting the gun right. Unreflective disparagement of the gun right, he argues, threatens the vitality of the abortion …

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Freedom Of Assembly And The Right To Passage In Modern English Legal History , Rachel Vorspan Jan 1997

Freedom Of Assembly And The Right To Passage In Modern English Legal History , Rachel Vorspan

Faculty Scholarship

This Article suggests, on the broadest level, that the history of the "right to passage" in the past two centuries is explicable only in terms of the complex interaction between formal legal doctrine on the one hand and social and political pressures on the other. Specific challenges to public order significantly shaped the evolution of legal rules, but these rules, once established, constrained official action and compelled the authorities at critical junctures to develop countervailing strategies. This exploration confirms that neither an externalist nor internalist approach to legal history by itself adequately explains historical change and, moreover, that the relative …

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Environmetnal Self-Audit Privilege: The Straw That Breaks The Back Of Criminal Prosecutions, Linda A. Spahr Jan 1996

Environmetnal Self-Audit Privilege: The Straw That Breaks The Back Of Criminal Prosecutions, Linda A. Spahr

Fordham Environmental Law Review

No abstract provided.

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Constitution Notwithstanding: The Political Illegitimacy Of The Death Penalty In American Democracy, Stephen H. Jupiter Jan 1996

Constitution Notwithstanding: The Political Illegitimacy Of The Death Penalty In American Democracy, Stephen H. Jupiter

Fordham Urban Law Journal

This Comment argues that the death penalty is inconsistent with underlying principles of American democracy and is thus illegitimate as a matter of political philosophy, despite its conceded constitutionality. It analyzes the Supreme Court's idiosyncratic treatment of challenges to capital punishment on grounds of due process, equal protection and cruel and unusual punishment, demonstrating the unreliability of such challenges. It examines in detail the death penalty's political implications for the American system of democracy and why those implications render capital punishment illegitimate in our society. It discusses the role of the political process in the abolition of the death penalty. …

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The Second Circuit Upholds Waste Management Systems In The Wake Of Carbone V. Clarkson: The Decisions In Usa Recycling, Inc. V. Town Of Babylon And Ssc Corp. V. Smithson, Colin A. Fieman Jan 1996

The Second Circuit Upholds Waste Management Systems In The Wake Of Carbone V. Clarkson: The Decisions In Usa Recycling, Inc. V. Town Of Babylon And Ssc Corp. V. Smithson, Colin A. Fieman

Fordham Urban Law Journal

This Article analyzes the Supreme Court's holding in Carbone and the issues left unresolved by the decision. It discusses how the Second Circuit addressed the constitutionality of the waste management systems at issues in Babylon and Smithtown in light of the Carbone decision and traditional commerce clause jurisprudence. Finally, it discusses the implications of the Second Circuit's decisions for other waste management systems. This Article concludes that although the Second Circuit has made considerable progress in clarifying the law in this area, it has left questions about the constitutionality of flow control unanswered.

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Liberta Revisited: A Call To Repeal The Marital Examption For All Sex Offenses In New York's Penal Law, Cassandra M. Delamothe Jan 1996

Liberta Revisited: A Call To Repeal The Marital Examption For All Sex Offenses In New York's Penal Law, Cassandra M. Delamothe

Fordham Urban Law Journal

This Note argues that to fully protect victims of spousal sexual assault, the New York Legislature should codify the Liberta decision and repeal the marital exemption for all sex offenses. It outlines the history of the marital rape exemption and its evolution in New York. It discusses the Liberta decision and the barriers to effective prosecution of marital rape, such as the legal standard for "force," prosecutorial discretion in charging husbands, and gender bias in the courts. It gives policy arguments for a statutory amendment and offers a proposed statute to replace the current sex offenses section of the Penal …

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Administrative License Suspensions, Criminal Prosecution And The Double Jeopardy Clause, Carlos F. Ramirez Jan 1996

Administrative License Suspensions, Criminal Prosecution And The Double Jeopardy Clause, Carlos F. Ramirez

Fordham Urban Law Journal

This Note argues that revocation of a driver's license under ALS proceedings is not a bar to subsequent criminal prosecution by the state. It discusses the potential double jeopardy implications surrounding ALS that is followed by criminal proceedings, as well as the reasoning employed by a majority of the courts that hold that an ALS is remedial and, therefore, not punishment for purposes of the Double Jeopardy Clause. It argues that with regard to determining whether an ALS is punitive, the appropriate test should balance the effect of the statute on the driver against the state's interest in protecting the …

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Self-Defense, Domination, And The Social Contract, Benjamin C. Zipursky Jan 1996

Self-Defense, Domination, And The Social Contract, Benjamin C. Zipursky

Faculty Scholarship

No abstract provided.

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A Judge's Ethical Dilemma: Assessing A Child's Capacity To Choose, Wallace J. Mlyniec Jan 1996

A Judge's Ethical Dilemma: Assessing A Child's Capacity To Choose, Wallace J. Mlyniec

Fordham Law Review

No abstract provided.

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Rights Of Passage: An Analysis Of Waiver Of Juvenile Court Jurisdiction, Stacey Sabo Jan 1996

Rights Of Passage: An Analysis Of Waiver Of Juvenile Court Jurisdiction, Stacey Sabo

Fordham Law Review

No abstract provided.

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Unfair Business Competition And The Tax On Income Destined Charity: Forty-Six Years Later, Donald Sharpe Jan 1996

Unfair Business Competition And The Tax On Income Destined Charity: Forty-Six Years Later, Donald Sharpe

Faculty Scholarship

No abstract provided.

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Responsibility, Causation, And The Harm-Benefit Line In Takings Jurisprudence, Glynn S. Lunney Jr Jan 1995

Responsibility, Causation, And The Harm-Benefit Line In Takings Jurisprudence, Glynn S. Lunney Jr

Fordham Environmental Law Review

No abstract provided.

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Admiralty Law Of Arthur Browne, Joseph Sweeney Jan 1995

Admiralty Law Of Arthur Browne, Joseph Sweeney

Faculty Scholarship

No abstract provided.

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The Threat Of The Wandering Poor: Welfare Parochialism And Its Impact On The Use Of Housing Mobility As An Anti-Poverty Strategy, Susan Bennett Jan 1995

The Threat Of The Wandering Poor: Welfare Parochialism And Its Impact On The Use Of Housing Mobility As An Anti-Poverty Strategy, Susan Bennett

Fordham Urban Law Journal

This Essay discusses how, if one accepts the premises of mobility-based anti-poverty strategies, the geographical parochialism and structural rigidity of the welfare system undermine mobility goals. The Essay also examines the possibility that current trends in housing policy will undercut anti-poverty goals.

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Is International Law Ready For The Information Age?, M. E. Bowman Jan 1995

Is International Law Ready For The Information Age?, M. E. Bowman

Fordham International Law Journal

This Essay discusses the challenges to protect the public from a myriad of harms related to new, and poorly understood, vulnerabilities arising from the frontier of cyberspace and how international law can offer protection against the global potential for harm.

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The Ghost At The Banquet: Slavery, Federalism, And Habeas Corpus For State Prisoners, Marc Arkin Jan 1995

The Ghost At The Banquet: Slavery, Federalism, And Habeas Corpus For State Prisoners, Marc Arkin

Faculty Scholarship

No abstract provided.

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Dolan V. Tigard And The Rough Proportionality Test: Roughly Speaking, Why Isn't A Nexus Enough?, Christopher J. St. Jeanos Jan 1995

Dolan V. Tigard And The Rough Proportionality Test: Roughly Speaking, Why Isn't A Nexus Enough?, Christopher J. St. Jeanos

Fordham Law Review

No abstract provided.

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Rewards For Good Behavior: Influencing Prosecutorial Discretion And Conduct With Financial Incentives, Tracy L. Meares Jan 1995

Rewards For Good Behavior: Influencing Prosecutorial Discretion And Conduct With Financial Incentives, Tracy L. Meares

Fordham Law Review

No abstract provided.

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Causes Of Action For Emf Harm, Roy A. Torres Jan 1994

Causes Of Action For Emf Harm, Roy A. Torres

Fordham Environmental Law Review

No abstract provided.

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Men, Women And Rape, Donald Dripps, Linda Fairstein, Robin West, Deborah W. Denno Jan 1994

Men, Women And Rape, Donald Dripps, Linda Fairstein, Robin West, Deborah W. Denno

Fordham Law Review

No abstract provided.

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Of Laws And Men: An Essay On Justice Marshall's View Of Criminal Procedure, Bruce A. Green, Daniel C. Richman Jan 1994

Of Laws And Men: An Essay On Justice Marshall's View Of Criminal Procedure, Bruce A. Green, Daniel C. Richman

Faculty Scholarship

No abstract provided.

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Protecting Endangered Communities, Clarice E. Gaylord, Geraldine W. Twitty Jan 1994

Protecting Endangered Communities, Clarice E. Gaylord, Geraldine W. Twitty

Fordham Urban Law Journal

Nontraditional environmentalists are struggling to protect and preserve communities, both urban and rural, that have become threatened by constant, multiple exposures to toxic air, contaminated water, and pesticide-ridden and chemical-laden soils. Numerous reports, including a 1992 study by the United States Environmental Protection Agency, have suggested that people of color and low income communities have been, for decades, the unwilling recipients of numerous hazardous waste sites, incinerators, chemical factories, and sewage treatment plants. Historically, these communities often lacked the essential resources necessary to oppose sitings of potentially hazardous facilities: money, organization, and political voice. Land in these communities is usually …

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