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Articles 1 - 19 of 19
Full-Text Articles in Law
The Role Of Internet Intermediaries In Tackling Terrorism Online, Raphael Cohen-Almagor
The Role Of Internet Intermediaries In Tackling Terrorism Online, Raphael Cohen-Almagor
Fordham Law Review
Gatekeeping is defined as the work of third parties “who are able to disrupt misconduct by withholding their cooperation from wrongdoers.”1 Internet intermediaries need to be far more proactive as gatekeepers than they are now. Socially responsible measures can prevent the translation of violent thoughts into violent actions. Designated monitoring mechanisms can potentially prevent such unfortunate events. This Article suggests an approach that harnesses the strengths and capabilities of the public and private sectors in offering practical solutions to pressing problems. It proposes that internet intermediaries should fight stringently against terror and further argues that a responsible gatekeeping approach is …
Terrorist Advocacy And Exceptional Circumstances, David S. Han
Terrorist Advocacy And Exceptional Circumstances, David S. Han
Fordham Law Review
This Article proceeds as follows. Part I discusses the harmful effects of terrorist advocacy and outlines the present doctrinal treatment of such speech. Part II discusses the issue of exceptional circumstances and highlights the two approaches courts might take to account for them: applying strict scrutiny to the case at hand or broadly reformulating the First Amendment’s doctrinal boundaries. Part III sets forth my central thesis: courts should adhere to case-by-case strict scrutiny analysis, rather than broad doctrinal reformulation, as the initial means of accounting for exceptional circumstances with respect to terrorist advocacy. This approach reflects the vital importance of …
Containing The Uncontainable: Drawing Rico’S Border With The Presumption Against Extraterritoriality, Miranda Lievsay
Containing The Uncontainable: Drawing Rico’S Border With The Presumption Against Extraterritoriality, Miranda Lievsay
Fordham Law Review
In Morrison v. National Australia Bank Ltd., the Supreme Court created a two-step test governing the extraterritorial reach of all federal statutes, radically altering the application of U.S. laws. Nowhere has this decision caused more upheaval than in the context of analyzing claims under the Racketeering Influenced and Corrupt Organizations Act (RICO). While courts widely agree that RICO does not apply extraterritorially, courts vehemently disagree about the proper standard to determine when a RICO case is appropriately domestic or impermissibly foreign. This Note explores RICO’s origins, its legislative history, and the evolution of its extraterritorial application in Morrison’s …
Quantitative Proof Of Reputational Harm, Meiring De Villiers
Quantitative Proof Of Reputational Harm, Meiring De Villiers
Fordham Journal of Corporate & Financial Law
No abstract provided.
Open Source Software The Success Of An Alternative Intellectual Property Incentive Paradigm, Marcus Maher
Open Source Software The Success Of An Alternative Intellectual Property Incentive Paradigm, Marcus Maher
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Warning: Wearing Eyeglasses May Subject You To Additional Liability And Other Foibles Of Post-Diana Newsgathering: An Analysis Of California’S Civil Code Section 1708.8, David A. Browde
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Virtual Reality: Can We Ride Trademark Law To Surf Cyberspace, David Yan
Virtual Reality: Can We Ride Trademark Law To Surf Cyberspace, David Yan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Brooklyn Institute Of Arts And Sciences V. City Of New York: The Death Of The Subsidy And The Birth Of The Entitlement In Funding Of The Arts, Danielle E. Caminiti
Brooklyn Institute Of Arts And Sciences V. City Of New York: The Death Of The Subsidy And The Birth Of The Entitlement In Funding Of The Arts, Danielle E. Caminiti
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Internet And Decisional Institutions The Structural Advantages Of Online Common Law Regulation, Thomas K. Richards
The Internet And Decisional Institutions The Structural Advantages Of Online Common Law Regulation, Thomas K. Richards
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Defining New York’S Statutory Right Of Privacy: A Case Comment On Messenger V. Gruner + Jahr Printing And Publishing, Michael C. Hartmere
Defining New York’S Statutory Right Of Privacy: A Case Comment On Messenger V. Gruner + Jahr Printing And Publishing, Michael C. Hartmere
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The ‘Enticing Images’ Doctrine: An Emerging Principle In First Amendment Jurisprudence, Clay Calvert
The ‘Enticing Images’ Doctrine: An Emerging Principle In First Amendment Jurisprudence, Clay Calvert
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Extraterritorial Reach Of United States Trademark Law: A Review Of Recent Decisions Under The Lanham Act, Erika M. Brown
The Extraterritorial Reach Of United States Trademark Law: A Review Of Recent Decisions Under The Lanham Act, Erika M. Brown
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Www.Foreign Corporation.Com: The United States Taxation Of International Business Transactions Conducted Over The Internet, Auri Weitz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Special 301 In China And Mexico: A Policy Which Fails To Consider How Politics, Economics, And Culture Affect Legal Change Under Civil Law Systems Of Developing Countries, Keshia B. Haskins
Special 301 In China And Mexico: A Policy Which Fails To Consider How Politics, Economics, And Culture Affect Legal Change Under Civil Law Systems Of Developing Countries, Keshia B. Haskins
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Trademark Vigilance In The Twenty-First Century: A Pragmatic Approach, Peter S. Sloane, Bret I. Parker, Eric A. Prager, Kathleen Donohue
Trademark Vigilance In The Twenty-First Century: A Pragmatic Approach, Peter S. Sloane, Bret I. Parker, Eric A. Prager, Kathleen Donohue
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
To Tax Or Not To Tax: Is A Non-Resident Tennis Player's Endorsement Income Subject To Taxation In The United States?, John J. Coneys, Jr.
To Tax Or Not To Tax: Is A Non-Resident Tennis Player's Endorsement Income Subject To Taxation In The United States?, John J. Coneys, Jr.
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Deflowering Of The Parthenon: A Legal And Moral Analysis On Why The "Elgin Marbles" Must Be Returned To Greece, Michael J. Reppas Ii
The Deflowering Of The Parthenon: A Legal And Moral Analysis On Why The "Elgin Marbles" Must Be Returned To Greece, Michael J. Reppas Ii
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Give The Dead Their Day In Court: Implying A Private Cause Of Action For Defamation Of The Dead From Criminal Libel Statutes, Raymond Iryami
Give The Dead Their Day In Court: Implying A Private Cause Of Action For Defamation Of The Dead From Criminal Libel Statutes, Raymond Iryami
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Agricultural Disparagement Statutes: Tainted Beef, Tainted Speech, And Tainted Law, Margot S. Fell
Agricultural Disparagement Statutes: Tainted Beef, Tainted Speech, And Tainted Law, Margot S. Fell
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.