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Full-Text Articles in Law

Defining “Accidents” In The Air: Why Tort Law Principles Are Essential To Interpret The Montreal Convention’S “Accident” Requirement, Alexa West Dec 2016

Defining “Accidents” In The Air: Why Tort Law Principles Are Essential To Interpret The Montreal Convention’S “Accident” Requirement, Alexa West

Fordham Law Review

This Note examines the history of, and the reasons for, the Montreal Convention, which in part forces airlines to indemnify passengers for injuries resulting from “accidents”—a term undefined in the treaty. The Montreal Convention and the subsequent case law interpreting it demonstrate how, to qualify as an “accident,” the injury-producing incident must be causally connected to the plane’s operation. Importantly, the causal connection’s adequacy should be evaluated according to American tort jurisprudence even though the accident requirement itself is an exception to general tort law. This Note focuses on a particular type of injury-producing event, a copassenger tort, because of …


Judicial Constructions: Modernity, Economic Liberalization, And The Urban Poor In India, Priya S. Gupta Apr 2016

Judicial Constructions: Modernity, Economic Liberalization, And The Urban Poor In India, Priya S. Gupta

Fordham Urban Law Journal

Comparative legal research in property and urban planning law has taken an increasing interest in the policy patterns and legal arguments that municipal bodies and courts employ in the implementation of often radical urban reconfiguration. Aided by geographers, sociologists, and political economists, comparative property law scholars have begun to unearth the justificatory frameworks that underlie and shape these changes in metropolitan urban landscapes and that reveal an interplay between tangible and immediate modes of political constituencies’ interest navigation on the one hand, and deep-seated cultural-historical motivations as well as commitments to transnational strategic and political loyalties, on the other. These …


Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers Apr 2016

Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers

Fordham Urban Law Journal

No abstract provided.


Lawyers In The Shadow Of The Regulatory State: Transnational Governance On Business And Human Rights, Milton C. Regan Jr., Kath Hall Apr 2016

Lawyers In The Shadow Of The Regulatory State: Transnational Governance On Business And Human Rights, Milton C. Regan Jr., Kath Hall

Fordham Law Review

Lawyers are beginning to play an important role in strengthening the system of transnational governance that regulates business and human rights. In setting the background to our discussion of lawyers’ role in this context, Part I of this Article provides a general overview of the emergence of the transnational governance regime. Part II then describes some of the governance instruments that attempt to prevent and rectify the adverse human rights impacts of business activities. Part III discusses the extent to which lawyers are advising their business clients on human rights issues, the factors that may inhibit or encourage the provision …


The Recognition Act, Anti-Suit Injunctions, The Dja, And Much More Fun: The Story Of The Chevron-Ecuador Litigation And The Resulting Problems Of Aggressive Multinational Enforcement Proceedings, Emily Seiderman Mar 2016

The Recognition Act, Anti-Suit Injunctions, The Dja, And Much More Fun: The Story Of The Chevron-Ecuador Litigation And The Resulting Problems Of Aggressive Multinational Enforcement Proceedings, Emily Seiderman

Fordham Urban Law Journal

No abstract provided.


From Moscow To Makhachkala: The People In Between, Kimberly L. Jones Mar 2016

From Moscow To Makhachkala: The People In Between, Kimberly L. Jones

Fordham Urban Law Journal

No abstract provided.


Dichotomy No Longer? The Role Of The Private Business Sector In Educating The Future Russian Legal Professions, Philip M. Genty Mar 2016

Dichotomy No Longer? The Role Of The Private Business Sector In Educating The Future Russian Legal Professions, Philip M. Genty

Fordham Urban Law Journal

No abstract provided.


Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation, Stephen P. Halbrook Mar 2016

Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation, Stephen P. Halbrook

Fordham Urban Law Journal

No abstract provided.


The New Tate Letter: Foreign Official Immunity And The Case For A Statutory Fix, Luke Ryan Mar 2016

The New Tate Letter: Foreign Official Immunity And The Case For A Statutory Fix, Luke Ryan

Fordham Law Review

Plaintiffs sometimes bring civil lawsuits in U.S. federal courts against officials or ex-officials of foreign governments accused of committing atrocities abroad. In these types of cases, the foreign individuals will almost certainly invoke the affirmative defense of foreign official immunity. In the 2010 decision, Samantar v. Yousuf, the Supreme Court unanimously held that the Foreign Sovereign Immunities Act (FSIA)—a 1976 statute governing the immunity of foreign states—did not control judicial determination of a foreign individual’s request for immunity. Instead, the Court said that foreign officials may be entitled to immunity as a matter of federal common law. Because of …


Do I Need To Pin A Target To My Back?: The Definition Of "Particular Social Group" In U.S. Asylum Law, Nitzan Sternberg Feb 2016

Do I Need To Pin A Target To My Back?: The Definition Of "Particular Social Group" In U.S. Asylum Law, Nitzan Sternberg

Fordham Urban Law Journal

No abstract provided.


Occupy Wall Street And International Human Rights, Martha F. Davis Feb 2016

Occupy Wall Street And International Human Rights, Martha F. Davis

Fordham Urban Law Journal

No abstract provided.


International White Collar Crime And The Globalization Of Internal Investigations, Lucian E. Dervan Feb 2016

International White Collar Crime And The Globalization Of Internal Investigations, Lucian E. Dervan

Fordham Urban Law Journal

Much has been written about the methods by which counsel may efficiently, thoroughly, and credibly conduct internal investigations. Given the globalization of such matters, however, this Article seeks to focus on the challenges present when conducting an internal investigation of potential international white-collar criminal activity. In Part I, this Article will examine the challenges of selecting counsel to perform internal investigations abroad. In particular, consideration will be given to global standards regarding the application of the attorney-client privilege and work product protections. In Part II, this Article will discuss the influence of data privacy and protection laws in various countries …