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Articles 241 - 269 of 269
Full-Text Articles in Law
Recent New York Appellate Decisions Will Impact Municipal Tort Litigation, John M. Shields
Recent New York Appellate Decisions Will Impact Municipal Tort Litigation, John M. Shields
Fordham Urban Law Journal
This article discusses and summarized the recent decisions by the New York State Court of Appeals and other appellate courts that will alter or greatly impact future tort litigation, especially with regard to municipal liability. The article addresses time limitations for filing claims against the state, the "serious injury" standard under insurance law, the case of Rangolan v. County of Nassau.
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson
Fordham Urban Law Journal
This Article explores relevant social science data and examines how it affects the analysis and understanding of evidence of emotional harm. Part I provides an overview of the current state of emotional harm cases. Part II discusses the issue of bias in the process of reviewing discrimination cases from the perspective of critical race theory and recent social science data. In Part III, this Article examines the cycles of ignorance that have contributed to an under-valuation of emotional harm in housing discrimination litigation. Finally, suggestions are made about how to gather relevant psychological and medical information on the effects of …
Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz
Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz
Fordham Urban Law Journal
This Article examines the role of lawyers for homeless people. It argues that while even the most zealous legal advocacy cannot alone solve homelessness, it remains an important tool because of the assistance it provides to individuals, its impact on broader legal rules, and its potential role in shaping public perception and debate. The Article also maintains that legal advocacy works best when combined with a holistic approach that addresses homeless clients' non-legal needs, such as housing placement, case management, medical and psychiatric care, job training, and substance abuse counseling. It further argues that, to the extent possible, lawyers for …
The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris
The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris
Fordham Urban Law Journal
An overview of different topics covered by the journal throughout the years.
The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris
The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris
Fordham Urban Law Journal
A general overview of the journal's progress and publications.
Advocacy And Compassion In The Jewish Tradition, Daniel B. Sinclair
Advocacy And Compassion In The Jewish Tradition, Daniel B. Sinclair
Fordham Urban Law Journal
This essay surveys the Talmudic sources dealing with the issue of advocacy in Jewish law, and highlights the element of compassion that underlies the permissive approach to advocacy in the Talmudic sources. It outlines post-Talmudic developments with a special emphasis on the way in which the medieval authorities synthesized the views of the two Talmuds on the question of advocacy, and how later halakhists pushed this synthesis to its limits in order to pave the way for the emergence of the rabbinical pleader of modern times. This essay concludes with a brief remark on the link between compassion and advocacy …
Fifteen Years After The Federal Sentencing Revolution: How Mandatory Minimums Have Undermined Effective And Just Narcotics Sentencing Perspectives On The Federal Sentencing Guidelines And Mandatory Sentencing, Ian Weinstein
Faculty Scholarship
Federal criminal sentencing has changed dramatically since 1988. Fifteen years ago, judges determined if and for how long a defendant would go to jail. Since that time, changes in substantive federal criminal statutes, particularly the passage of an array of mandatory minimum penalties and the adoption of the federal sentencing guidelines, have limited significantly judicial sentencing power and have remade federal sentencing and federal criminal practice. The results of these changes are significantly longer federal prison sentences, as was the intent of these reforms, and the emergence of federal prosecutors as the key players in sentencing. Yet, at the same …
Business Divisions From The Perspective Of The U.S. Banking System , Carl Felsenfeld, Genci Bilali
Business Divisions From The Perspective Of The U.S. Banking System , Carl Felsenfeld, Genci Bilali
Faculty Scholarship
The Bank Holding Company Act of 1956 ("Act"),' as amended, most recently in 1999 by the Gramm-Leach-Bliley Act ("GLB") divides all economic activity into five groups. These groups are: 1) banking, 2) activities closely related to and a proper incident to banking; 3) activities of a financial nature; 4) activities complimentary to those of a financial nature; and 5) activities not of a financial nature. This article will explore these five groups of activities separately. The policies behind the divisions will be analyzed and questioned whether they serve the policies behind the Act. This article will also question whether the …
A Mind To Blame: New Views On Involuntary Acts, Deborah W. Denno
A Mind To Blame: New Views On Involuntary Acts, Deborah W. Denno
Faculty Scholarship
This article examines the legal implications linked to recent scientific research on human consciousness. The article contends that groundbreaking revelations about consciousness expose the frailties of the criminal law's traditional dual dichotomies of conscious versus unconscious thought processes and voluntary versus involuntary acts. These binary doctrines have no valid scientific foundation and clash with other key criminal law defenses, primarily insanity. As a result, courts may adjudicate like individuals very differently based upon their (often unclear) understanding of these doctrines and the science that underlies them. This article proposes a compromise approach by recommending that the criminal law's concept of …
New Problem-Solving Scholarship: An Historical Tale With A Happy Ending, Jacqueline Nolan-Haley
New Problem-Solving Scholarship: An Historical Tale With A Happy Ending, Jacqueline Nolan-Haley
Faculty Scholarship
No abstract provided.
Civil Recourse, Not Corrective Justice, Benjamin C. Zipursky
Civil Recourse, Not Corrective Justice, Benjamin C. Zipursky
Faculty Scholarship
No abstract provided.
States And Internet Enforcement, Joel R. Reidenberg
States And Internet Enforcement, Joel R. Reidenberg
Faculty Scholarship
This essay addresses the enforcement of decisions through internet instruments. The starting point is a brief justification of internet enforcement as the obligation of democratic states. Next, the essay argues that the movement to re-engineer the internet infrastructure by public and private actions also facilitates state enforcement of legal and policy decisions. The essay maintains that states will increasingly try to use network intermediaries such as payment systems and Internet Service Providers as enforcement instruments. Finally, and most importantly, the essay focuses on ways that states may harness the power of technological instruments such as worms, filters and packet interceptors …
Spinning And Underpricing: A Legal And Economic Analysis Of The Preferential Allocation Of Shares In Initial Public Offerings , Sean J. Griffith
Spinning And Underpricing: A Legal And Economic Analysis Of The Preferential Allocation Of Shares In Initial Public Offerings , Sean J. Griffith
Faculty Scholarship
This Article investigates the preferential allocation, or “spinning,” of shares in initial public offerings. It begins by examining the offering process and the incentives of underwriters, issuers, and investors. Through this examination of the participants and the process, it locates the harm of spinning in the underpricing of initial public offerings. The Article then seeks to identify precisely which participants in the offering process are harmed by the practice and finally evaluates the most appropriate means of addressing this harm.
The Costs And Benefits Of Precommitment: An Appraisal Of Omnicare V. Ncs Healthcare, Sean J. Griffith
The Costs And Benefits Of Precommitment: An Appraisal Of Omnicare V. Ncs Healthcare, Sean J. Griffith
Faculty Scholarship
The Decision of the Delaware Supreme Court in Omnicare v. NCS Healthcare raises concerns regarding the efficiency of Delaware law from the perspective of shareholder welfare maximization and engages the emerging literature on corporate precommitments. The clash between the majority and dissenting opinions offers competing visions of the basic corporate law separation of powers issue--that is, board versus shareholder primacy. This Article engages in a close analysis of the Omnicare opinion, focusing on its doctrinal foundations as well as its policy implications. After this introduction, Part II provides a brief overview of the relevant factual and legal background. Part III …
Sustaining Progressivity In The Budget Process: A Commentary On Gale & (And) Orszag's An Economic Assessment Of Tax Policy In The Bush Administration, 2001-2004 The State Of Federal Income Taxation Symposium: Rates, Progressivity, And Budget Processes, Linda Sugin
Faculty Scholarship
This Commentary proposes the adoption of pay-go procedural rules for tax lawmaking that favor tax cuts that decrease income inequality, in response to biases in distributional tables and distortions in the political process. It suggests that the failure to use present value analysis in the budget process has had unfortunate, unintended consequences, in particular, a congressional preference for a prepaid-type consumption tax. This Commentary argues that efforts to index the Alternative Minimum Tax (the "AMT") should not deflect attention from the AMT's most fundamental distributional problem-its failure to treat dividends and capital gains as preference items. It suggests that there …
Theories Of Distributive Justice And Limitations On Taxation: What Rawls Demands From Tax Systems Symposium - Rawls And The Law: Panel Vi: Property, Taxation, And Distributive Justice, Linda Sugin
Faculty Scholarship
This Essay attempts to map out how such an inquiry would be conducted in light of Rawls. Rather than searching in theories of justice for required precepts of taxation, we might more fruitfully ask what constraints, if any, a particular theory of justice imposes on the tax system. Application of such an approach to Rawls's theory of justice may explain his apparent preference for a flat consumptionbased tax. This preference is otherwise quite puzzling in light of much of what Rawls wrote about economic justice, and might lead us to expect him to endorse a progressive income tax. If Rawls's …
Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno
Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno
Faculty Scholarship
On June 20, 2001, Andrea Yates drowned her four children in a bathtub. At Andrea’s trial, in Harris County, Texas, the prosecution’s star expert, Patrick Dietz, appeared particularly adept at persuading the jury to accept the prosecution’s assertion that Andrea was sane and acting intentionally when she killed her children. This Article analyzes the problematic aspects of Dietz's testimony in an effort to contribute some balance to the Andrea Yates story. Despite the long history of expert witnesses in criminal trials, the justice system should question the fairness and efficacy of such an unregulated storytelling process. Part I of this …
Criminal Neglect: Indigent Defense From A Legal Ethics Perspective Ethics Symposium What Do Clients Want: Practice Contexts, Bruce A. Green
Criminal Neglect: Indigent Defense From A Legal Ethics Perspective Ethics Symposium What Do Clients Want: Practice Contexts, Bruce A. Green
Faculty Scholarship
Most criminal defendants in the United States cannot afford to pay for a lawyer's services, and as a result their lawyers are government funded. Unfortunately, some state and local governments drastically under-fund indigent defense services. Criminal defense lawyers serving in these jurisdictions typically carry grossly excessive caseloads and are therefore severely restricted in how much time they can devote to individual clients. Commentators have targeted the under-funding of indigent defense systems as a problem of criminal justice, constitutional law, and civil rights. That is certainly true, but the under-funding of indigent defense also raises a serious and inadequately recognized problem …
Peace-Making Role Of A Mediator, The The Americanization Of International Dispute Resolution, John D. Feerick
Peace-Making Role Of A Mediator, The The Americanization Of International Dispute Resolution, John D. Feerick
Faculty Scholarship
Mediation, or the intervention of third parties, has been a tested and tried means of dispute resolution since the earliest history of the world. The theme for this program, the Americanization of International Dispute Resolution, asks whether there is an American style of dispute resolution and, if there is, whether it is positive or negative for the peaceful settlement of international disputes. In approaching my assignment of Mediation in Armed Conflict, I have focused my attention on Northern Ireland, a society that has experienced a violent conflict for the past thirty years, in which many efforts at mediation have taken …
Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition Symposium, Jacqueline Nolan-Haley, Bronagh Hinds
Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition Symposium, Jacqueline Nolan-Haley, Bronagh Hinds
Faculty Scholarship
This paper is part of a Symposium that considered the relevance of domestic conflict resolution theories in broader cultural contexts. The Northern Ireland Women's Coalition (Women's Coalition) participated in the negotiations leading up to the 1998 Good Friday/Belfast Agreement. Members of the Woman's Coalition responded to thirty years of sectarian violence with a negotiation process based on accommodation, inclusion, and relationship building, concepts that resonate with American-style problem-solving negotiation. Using the Women's Coalition as a case study, this Article suggests that there are procedural aspects of problem-solving negotiation theory that may work across domains, specifically in multi-party, intractable conflict situations, …
Theories Of Constitutional Self-Government: Editors' Foreword
Theories Of Constitutional Self-Government: Editors' Foreword
Fordham Law Review
No abstract provided.
Reviving The Roman Republic; Remembering The Good Old Cause, Rob Atkinson
Reviving The Roman Republic; Remembering The Good Old Cause, Rob Atkinson
Fordham Law Review
No abstract provided.
A View Of The Legal Profession From A Mid-Twelfth-Century Monastery, Amelia J. Uelmen
A View Of The Legal Profession From A Mid-Twelfth-Century Monastery, Amelia J. Uelmen
Fordham Law Review
No abstract provided.
When Charitable Gifts Soar Above Twin Towers: A Federal Income Tax Solution To The Problem Of Publicly Solicited Surplus Donations Raised For A Designated Charitable Purpose, Johnny Rex Buckles
When Charitable Gifts Soar Above Twin Towers: A Federal Income Tax Solution To The Problem Of Publicly Solicited Surplus Donations Raised For A Designated Charitable Purpose, Johnny Rex Buckles
Fordham Law Review
No abstract provided.
Deal Protection Provisions In The Last Period Of Play, Sean J. Griffith
Deal Protection Provisions In The Last Period Of Play, Sean J. Griffith
Fordham Law Review
The ability to protect mergers is important to both targets and acquirors. A series of recent Chancery Court decisions, however, challenges the validity of deal protection provisions in merger agreements and threatens the stability of Delaware's established change of control paradigm. This article argues that last period concerns animate the Chancery Court's decisions and finds, in the last period problem, a theoretical principle capable of harmonizing these decisions with existing jurisprudence and providing a coherent approach to the practical problems raised by deal protection provisions.
Filling The Void In First Amendment Jurisprudence: Is There A Solution For Replacing The Impotent System Of Prior Restraints?, Richard Favata
Filling The Void In First Amendment Jurisprudence: Is There A Solution For Replacing The Impotent System Of Prior Restraints?, Richard Favata
Fordham Law Review
No abstract provided.
The Spector Of Crypto-Anarchy: Regulating Anonymity-Protecting Peer-To-Peer Networks, John Alan Farmer
The Spector Of Crypto-Anarchy: Regulating Anonymity-Protecting Peer-To-Peer Networks, John Alan Farmer
Fordham Law Review
No abstract provided.
Legitimate Reasons For Firing: Must They Honestly Be Reasonable?, Rebecca Michaels
Legitimate Reasons For Firing: Must They Honestly Be Reasonable?, Rebecca Michaels
Fordham Law Review
No abstract provided.
Freedom To Exclude After Boy Scouts Of America V. Dale: Do Private Schools Have A Right To Discriminate Against Homosexual Teachers?, Karen Lim
Fordham Law Review
No abstract provided.