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Fordham Law School

Fordham Law Review

Journal

2008

Regulation

Articles 1 - 3 of 3

Full-Text Articles in Law

From T-Shirts To Teaching: May Public Schools Constitutionally Regulate Antihomosexual Speech?, Amanda L. Houle Jan 2008

From T-Shirts To Teaching: May Public Schools Constitutionally Regulate Antihomosexual Speech?, Amanda L. Houle

Fordham Law Review

In applying the First Amendment in the public school context, courts are faced with the challenge of balancing the constitutional rights of students against the discretion of schools to control speech and conduct on school grounds. This Note focuses on the specific issue of public schools regulating antihomosexual speech. Evaluating the First Amendment rights of students expressing antihomosexual sentiment through private and school-sponsored mediums, this Note ultimately argues for a comprehensive standard permitting schools to regulate both private and school-sponsored student speech.


The New Antifraud Rule: Is Sec Enforcement The Most Effective Way To Protect Investors From Hedge Fund Fraud?, Kathleen E. Lange Jan 2008

The New Antifraud Rule: Is Sec Enforcement The Most Effective Way To Protect Investors From Hedge Fund Fraud?, Kathleen E. Lange

Fordham Law Review

Hedge Funds have consistently grown in both size and influence. Traditionally, hedge funds escaped regulation because access was limited to the wealthy and sophisticated. However, due to inflation, the wealth threshold has become more attainable to less sophisticated investors. Also, an increasing number of pension funds and other institutional investors have begun to invest a significant portion of their money in hedge funds. This increased growth, combined with the "retailization" of the industry, has led to concern over whether investors are adequately protected from the corresponding growth in hedge fund fraud. This Note argues that, absent new legislation, the SEC …


Regulating Direct-To-Consumer Genetic Testing: Protecting The Consumer Without Quashing A Medical Revolution, Jennifer A. Gniady Jan 2008

Regulating Direct-To-Consumer Genetic Testing: Protecting The Consumer Without Quashing A Medical Revolution, Jennifer A. Gniady

Fordham Law Review

This Note examines the existing gaps in regulating genetic tests that are sold directly to consumers and the arguments for and against greater regulation. It advocates adopting an approach that shores up existing regulation of the accuracy of genetic tests under the Food and Drug Administration and Clinical Laboratory Improvement Amendment, while continuing to promote an open market for selling tests directly to consumers. The Note looks to a variety of additional mechanisms for providing further consumer protections such as incentives for voluntary participation in the Food and Drug Administration approval process, an expanded watchdog role for professional organizations, and …