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Full-Text Articles in Law

Down The Rabbit Hole: Applying A Right To Be Forgotten To Personal Images Uploaded On Social Networks, Eugenia Georgiades Jan 2020

Down The Rabbit Hole: Applying A Right To Be Forgotten To Personal Images Uploaded On Social Networks, Eugenia Georgiades

Fordham Intellectual Property, Media and Entertainment Law Journal

The right to be forgotten has been the subject of extensive scrutiny in the broad context of data protection. However, little consideration has been given to the misuse of personal images that are uploaded on social networks. Given the prevalent use of online and digital spaces, social networks process and use various forms of data, including personal images that are uploaded by individuals. The potential for misuse of images is particularly acute when users upload images of third parties. In light of the European Union’s enshrinement of the “right to be forgotten” amid provisions of the General Data Protection Regulation …


A Tale Of Two Trade Powers: Balancing Investor-State Dispute Settlement And Environmental Risk Between The European Union And United States In A Changing Political Climate, Sarah Ben-Moussa Dec 2017

A Tale Of Two Trade Powers: Balancing Investor-State Dispute Settlement And Environmental Risk Between The European Union And United States In A Changing Political Climate, Sarah Ben-Moussa

Fordham Environmental Law Review

No abstract provided.


Who Starved For That Smartphone?: Limitations Of The Sec's Approach To The Congolese Conflict Minerals Trade Problem And The Need For The European Union To Better Address Its Associated Human Rights Abuses, Joan Abelardo Jan 2017

Who Starved For That Smartphone?: Limitations Of The Sec's Approach To The Congolese Conflict Minerals Trade Problem And The Need For The European Union To Better Address Its Associated Human Rights Abuses, Joan Abelardo

Fordham International Law Journal

No abstract provided.


"So Close, Yet So Far": The United States Follows The Lead Of The European Union In Mandating Gmo Labeling. But Did It Go Far Enough?, Courtney Begley Jan 2017

"So Close, Yet So Far": The United States Follows The Lead Of The European Union In Mandating Gmo Labeling. But Did It Go Far Enough?, Courtney Begley

Fordham International Law Journal

No abstract provided.


Coping With Crisis: The Role Of The European Council President, Desmond Dinan Nov 2016

Coping With Crisis: The Role Of The European Council President, Desmond Dinan

Fordham International Law Journal

No abstract provided.


How Italian Colors Guts Private Antitrust Enforcement By Replacing It With Ineffective Forms Of Arbitration, Einer Elhauge Jan 2015

How Italian Colors Guts Private Antitrust Enforcement By Replacing It With Ineffective Forms Of Arbitration, Einer Elhauge

Fordham International Law Journal

The United States is becoming more like Europe, and not in a good way. For a long time, the central difference between antitrust enforcement in the United States and Europe has been that the United States features not only public enforcement, but a vigorous system of private antitrust enforcement, while in Europe, public agencies have had an effective monopoly on antitrust enforcement. But that difference is on the verge of collapsing. We are achieving a form of convergence; but contrary to expectations, this convergence is not coming from recent European efforts to facilitate private enforcement, which have not yet overcome …


The Past, Present, And Future Of Eu Enlargement, Frank Emmert, Siniša Petrović Jan 2014

The Past, Present, And Future Of Eu Enlargement, Frank Emmert, Siniša Petrović

Fordham International Law Journal

No abstract provided.


A Busted Flush: Regulation Of Online Gambling In The European Union, Katherine A. Lovejoy Jan 2014

A Busted Flush: Regulation Of Online Gambling In The European Union, Katherine A. Lovejoy

Fordham International Law Journal

No abstract provided.


Not Just The Luck Of The Irish: A Contractual Solution To The Problems Of Sovereign Debt Restructuring, Katherine Crispi Jan 2014

Not Just The Luck Of The Irish: A Contractual Solution To The Problems Of Sovereign Debt Restructuring, Katherine Crispi

Fordham International Law Journal

No abstract provided.


From Rags To Riches: Croatia And Albania's Eu Accession Process Through The Copenhagen Criteria And Conditionality, Genta Stafaj Jan 2014

From Rags To Riches: Croatia And Albania's Eu Accession Process Through The Copenhagen Criteria And Conditionality, Genta Stafaj

Fordham International Law Journal

No abstract provided.


Multijurisdictional Practice And Alternative Legal Practice Structures: Learning From Eu Liberalization To Implement Appropriate Legal Regulatory Reforms In The United States, Melissa Pender Jan 2014

Multijurisdictional Practice And Alternative Legal Practice Structures: Learning From Eu Liberalization To Implement Appropriate Legal Regulatory Reforms In The United States, Melissa Pender

Fordham International Law Journal

No abstract provided.


Forty Years Of European Integration: Steps Forward And Some Missed Opportunities, Giorgio Maganza Jan 2014

Forty Years Of European Integration: Steps Forward And Some Missed Opportunities, Giorgio Maganza

Fordham International Law Journal

No abstract provided.


How Can The Problem Of The Liability Of A Parent Company For Price Fixing By A Wholly-Owned Subsidiary Be Resolved?, John Temple Lang Jan 2014

How Can The Problem Of The Liability Of A Parent Company For Price Fixing By A Wholly-Owned Subsidiary Be Resolved?, John Temple Lang

Fordham International Law Journal

No abstract provided.


Trademark Law Harmonization In The European Union: Twenty Years Back And Forth, William Robinson, Giles Pratt, Ruth Kelly Mar 2013

Trademark Law Harmonization In The European Union: Twenty Years Back And Forth, William Robinson, Giles Pratt, Ruth Kelly

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Pringle Judgment: Economic And/Or Monetary Union?, Chris Koedooder Jan 2013

The Pringle Judgment: Economic And/Or Monetary Union?, Chris Koedooder

Fordham International Law Journal

No abstract provided.


The Withdrawal Clause Of The Lisbon Treaty In The Light Of Eu Citizenship (Between Disintegration And Integration), Clemens M. Rieder Jan 2013

The Withdrawal Clause Of The Lisbon Treaty In The Light Of Eu Citizenship (Between Disintegration And Integration), Clemens M. Rieder

Fordham International Law Journal

No abstract provided.


“Fit For Purpose”: Why The European Union Should Not Extend The Term Of Related Rights Protection In Europe., Susanna Monseau Mar 2009

“Fit For Purpose”: Why The European Union Should Not Extend The Term Of Related Rights Protection In Europe., Susanna Monseau

Fordham Intellectual Property, Media and Entertainment Law Journal

This paper argues that the European Union should not, as it currently proposes, extend the term of protection for sound recordings in Europe. It compares the U.K. government’s current policy that the scope and length of copyright protection for sound recordings should not be extended, with that of the European Union which, encouraged by the French government particularly, has recently proposed an extension from the fifty-year term to a ninety-five-year term of copyright protection for sound recordings. It analyzes several major independent reviews of the evidence on extending copyright protection for sound recordings, including the findings and recommendations of the …


How The Old World Encountered The New One: Regulatory Competition And Cooperation In European Corporate And Bankruptcy Law , Luca Enriques, Martin Gelter Jan 2006

How The Old World Encountered The New One: Regulatory Competition And Cooperation In European Corporate And Bankruptcy Law , Luca Enriques, Martin Gelter

Faculty Scholarship

The European framework for creditor protection has undergone a remarkable tansfomation in recent years. While the European Court of Justices Centros case and its progeny have given European Union businesses choice with respect to the state of incorporation, and hence to the substantive corporate law regime, the European Insolvency Regulation has introduced uniform conflict-of-law rules for insolvencies. However, this regime has opened up some forum shopping opportunities for corporate debtors. Both regulatory competition in corporate law and forum shopping in bankruptcy law have been discussed in the United States for years, while they are relativey new territory in the European …


Bodil Lindqvist: A Swedish Churchgoer's Violation Of The European Union's Data Protection Directive Should Be A Warning To U.S. Legislators, Flora J. Garcia Jun 2005

Bodil Lindqvist: A Swedish Churchgoer's Violation Of The European Union's Data Protection Directive Should Be A Warning To U.S. Legislators, Flora J. Garcia

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Bodil Lindqvist: A Swedish Churchgoer's Violation Of The European Union's Data Protection Directive Should Be A Warning To U.S. Legislators, Flora J. Garcia Jun 2005

Bodil Lindqvist: A Swedish Churchgoer's Violation Of The European Union's Data Protection Directive Should Be A Warning To U.S. Legislators, Flora J. Garcia

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Simplification Of International Data Privacy Rules, Joel R. Reidenberg Jan 2005

The Simplification Of International Data Privacy Rules, Joel R. Reidenberg

Faculty Scholarship

The variation and complexity of national data privacy rules pose significant challenges for international data flows. Data protection laws range from ad hoc narrow legal rights, like those found in the United States, to comprehensive fair information practice statutes like those found in Europe. Because data processing frequently occurs across national borders, multiple data protection laws might apply simultaneously to international data flows. At the same time, data protection regimes may prohibit the circumvention of national standards by processing personal information at a foreign site. Global information processing thus presents a data controller with important burdens and obstacles related to …


Limited But Not Lost: A Comment On The Ecj's Golden Share Decisions, Christine O'Grady Putek Jan 2004

Limited But Not Lost: A Comment On The Ecj's Golden Share Decisions, Christine O'Grady Putek

Fordham Law Review

No abstract provided.


Improving Fundamental Rights Protection In The European Union: Resolving The Conflict And Confusion Between The Luxembourg And Strasbourg Courts, Joseph R. Wetzel Jan 2003

Improving Fundamental Rights Protection In The European Union: Resolving The Conflict And Confusion Between The Luxembourg And Strasbourg Courts, Joseph R. Wetzel

Fordham Law Review

No abstract provided.


Restoring Americans' Privacy In Electronic Commerce Symposium - The Legal And Policy Framework For Global Electronic Commerce: A Progress Report, Joel R. Reidenberg Jan 1999

Restoring Americans' Privacy In Electronic Commerce Symposium - The Legal And Policy Framework For Global Electronic Commerce: A Progress Report, Joel R. Reidenberg

Faculty Scholarship

In the United States today, substance abusers have greater privacy than web users and privacy has become the critical issue for the development of electronic commerce. Yet, the U.S. government’s privacy policy relies on industry self-regulation rather than legal rights. This article argues that the theory of self-regulation has normative flaws and that public experience shows the failure of industry to implement fair information practices. Together the flawed theory and data scandals demonstrate the sophistry of U.S. policy. The article then examines the comprehensive legal rights approach to data protection that has been adopted by governments around the world, most …


Continuity For Transatlantic Commercial Contracts After The Introduction Of The Euro, Rebecca H. Marek Jan 1998

Continuity For Transatlantic Commercial Contracts After The Introduction Of The Euro, Rebecca H. Marek

Fordham Law Review

No abstract provided.


Recent Changes In The Duration Of Copyright In The United States And European Union: Procedure And Policy, Lisa M. Brownlee Mar 1996

Recent Changes In The Duration Of Copyright In The United States And European Union: Procedure And Policy, Lisa M. Brownlee

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


International Copyright: An Unorthodox Analysis American Association Of Law Schools' Intellectual Property Section's Symposium On Compliance With The Trips Agreement, Hugh C. Hansen Jan 1996

International Copyright: An Unorthodox Analysis American Association Of Law Schools' Intellectual Property Section's Symposium On Compliance With The Trips Agreement, Hugh C. Hansen

Faculty Scholarship

Professor Hansen reviews the development of copyright from its traditional domestic orientation to the modern emphasis on globalization and harmonization. His commentary analogizes modem trends in international copyright to religious equivalents. He notes that the current players include a "secular priesthood" (the traditional copyright bar and academics), "agnostics and atheists" (newer academics and lawyers, particularly those concerned with technology and the culture of the public domain) and "missionaries" (whose task it is to increase copyright protection around the world and who are primarily driven by trade considerations). The copyright "crusade" has been driven by this last group. The author compares …