Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 98

Full-Text Articles in Law

Cogeneration: A Successful Response To The Energy Crisis?, Charles M. Pratt Jan 1981

Cogeneration: A Successful Response To The Energy Crisis?, Charles M. Pratt

Fordham Urban Law Journal

This article examines the concept of cogeneration, a term for the simultaneous production of both electricity and other useful energy in a single facility by a cascading use of heat energy. It analyzes the rise of cogeneration through the lens of the Public Utility Regulatory Policies Act of 1978 ("PURPA"), enacted by Congress to improve the distribution of electric energy and encourage the conservation of resources, as well as the efforts of the Federal Energy Regulatory Commission ("FERC") to encourage cogeneration. This article discusses a number of the issues raised and left unresolved by this federal policy of encouraging the …


Judicial Review Of Arbitral Proceedings, Joseph C. Sweeney Jan 1981

Judicial Review Of Arbitral Proceedings, Joseph C. Sweeney

Fordham International Law Journal

This paper will examine judicial review of the arbitration process from the viewpoint of the arbitrator, who is professionally interested in careful and fair procedures leading to an award that will not be overturned by the courts. The principle area of study will be the maritime arbitrations to which the Federal Arbitration Act (the statute) applies to.


International Choice Of Law: A Proposal For A New "Enclave" Of Federal Common Law, Yvonne Marcuse Jan 1981

International Choice Of Law: A Proposal For A New "Enclave" Of Federal Common Law, Yvonne Marcuse

Fordham International Law Journal

This Comment examines the need and authorization for federal common law of international choice of law in view of current conflicts law and theory. Part I reviews the types of conflicts laws in use today. Part II discusses federal common law as it has developed in the area of international relations and as it might apply to conflict of laws. Part III proposes the adoption of federal common law in international conflict of laws and also discusses the option of legislative implementation of the federal full faith and credit statute. A model is introduced for the proposed federal common law …


Liberalization Of International Trade In The Service Sector: Threshold Problems And A Proposed Framework Under The Gatt, Marianna Maffucci Jan 1981

Liberalization Of International Trade In The Service Sector: Threshold Problems And A Proposed Framework Under The Gatt, Marianna Maffucci

Fordham International Law Journal

This Comment will discuss problems inherent in creating a framework for liberalization of trade in the service sector and will propose a general plan for approaching those problems. Part One will examine the economic significance of the service sector world-wide. Part Two will consider problems in quantifying the service sector and in identifying barriers to trade in services. Part Three will look into the difficulties of building international consensus on the need for liberalization and efforts made to that end. To conclude, Part Four will explore the possibility of extending the GATT to cover services.


Religion And Political Campaigns: A Proposal To Revise Section 501(C)(3) Of The Internal Revenue Code, Judy Ann Rosenblum Jan 1981

Religion And Political Campaigns: A Proposal To Revise Section 501(C)(3) Of The Internal Revenue Code, Judy Ann Rosenblum

Fordham Law Review

No abstract provided.


A Comparative Fault Approach To The Due Diligence Requirement Of Rule 10b-5, Mario J. Suarez Jan 1981

A Comparative Fault Approach To The Due Diligence Requirement Of Rule 10b-5, Mario J. Suarez

Fordham Law Review

No abstract provided.


The Burden Of Proof In Sec Disciplinary Proceedings: Preponderance And Beyond, Gordon K. Eng Jan 1981

The Burden Of Proof In Sec Disciplinary Proceedings: Preponderance And Beyond, Gordon K. Eng

Fordham Law Review

No abstract provided.


"Add On" Clauses In Equipment Purchase Money Financing: Too Much Of A Good Thing , Gerald T. Mclaughlin Jan 1981

"Add On" Clauses In Equipment Purchase Money Financing: Too Much Of A Good Thing , Gerald T. Mclaughlin

Fordham Law Review

No abstract provided.


The Assault On The Citadel Of Privilege Proceeds Apace: The Unreasonableness Of Law Office Searches, Pamela Gurfein Jan 1981

The Assault On The Citadel Of Privilege Proceeds Apace: The Unreasonableness Of Law Office Searches, Pamela Gurfein

Fordham Law Review

No abstract provided.


Note: Economies Of Scale: Weighing Operating Efficiency When Enforcing Antitrust Law, Laraine L. Laudati Jan 1981

Note: Economies Of Scale: Weighing Operating Efficiency When Enforcing Antitrust Law, Laraine L. Laudati

Fordham Law Review

No abstract provided.


Multiple Objective Conspiracies: The Effect Of Stromberg V. California, Clare Sherwood Jan 1981

Multiple Objective Conspiracies: The Effect Of Stromberg V. California, Clare Sherwood

Fordham Law Review

No abstract provided.


Unilateral Refusals To Sell Production Facilities: Should Courts "Shake" The Invisible Hand?, Seth Schwartz Jan 1981

Unilateral Refusals To Sell Production Facilities: Should Courts "Shake" The Invisible Hand?, Seth Schwartz

Fordham Law Review

No abstract provided.


Federal Civil Practice, Pamela Rogers Chepiga Jan 1981

Federal Civil Practice, Pamela Rogers Chepiga

Fordham Law Review

No abstract provided.


Waste Not, Wait Not--A Consideration Of Federal And State Jurisdiction, Lawrence H. Cooke Jan 1981

Waste Not, Wait Not--A Consideration Of Federal And State Jurisdiction, Lawrence H. Cooke

Fordham Law Review

No abstract provided.


The Importance Of Being Earnest: Pleading And Maintaining A Title Vii Class Action For The Purpose Of Resolving The Claims Of Class Members, David G. Karro Jan 1981

The Importance Of Being Earnest: Pleading And Maintaining A Title Vii Class Action For The Purpose Of Resolving The Claims Of Class Members, David G. Karro

Fordham Law Review

No abstract provided.


Trustee Liability For Breach Of The Duty Of Loyalty: Good Faith Inquiry And Appreciation Damages, Barry L. Zins Jan 1981

Trustee Liability For Breach Of The Duty Of Loyalty: Good Faith Inquiry And Appreciation Damages, Barry L. Zins

Fordham Law Review

No abstract provided.


Business Purpose Doctrine: The Effect Of Motive On Federal Income Tax Liability, Harry Waizer Jan 1981

Business Purpose Doctrine: The Effect Of Motive On Federal Income Tax Liability, Harry Waizer

Fordham Law Review

No abstract provided.


Interstate Jurisdictional Compacts: A New Theory Of Personal Jurisdiction, Mark C. Smith Jan 1981

Interstate Jurisdictional Compacts: A New Theory Of Personal Jurisdiction, Mark C. Smith

Fordham Law Review

No abstract provided.


Spielberg Reconsidered--Problems In Application And Content Of The Deferral Doctrine, John G. Culhane Jan 1981

Spielberg Reconsidered--Problems In Application And Content Of The Deferral Doctrine, John G. Culhane

Fordham Law Review

No abstract provided.


Fourth Amendment Protection For The Juvenile Offender: State, Parent, And The Best Interests Of The Minor, Kenneth T. Hanley Jan 1981

Fourth Amendment Protection For The Juvenile Offender: State, Parent, And The Best Interests Of The Minor, Kenneth T. Hanley

Fordham Law Review

No abstract provided.


Passport Revocations Or Denials On The Ground Of National Security And Foreign Policy, Evelyn Capassakis Jan 1981

Passport Revocations Or Denials On The Ground Of National Security And Foreign Policy, Evelyn Capassakis

Fordham Law Review

No abstract provided.


Juror Safety: The Presumption Of Innocence And Meaningful Voir Dire In Federal Criminal Prosecutions - Are They Endangered Species?, Abraham Abramovsky Jan 1981

Juror Safety: The Presumption Of Innocence And Meaningful Voir Dire In Federal Criminal Prosecutions - Are They Endangered Species?, Abraham Abramovsky

Fordham Law Review

No abstract provided.


Products Liability In New York: Section 2-318 Of The U.C.C.--The Amendment Without A Cause, Jeffrey W. Deaver Jan 1981

Products Liability In New York: Section 2-318 Of The U.C.C.--The Amendment Without A Cause, Jeffrey W. Deaver

Fordham Law Review

No abstract provided.


Federal Grants And The Tenth Amendment: "Things As They Are" And Fiscal Federalism, Mark Suben Jan 1981

Federal Grants And The Tenth Amendment: "Things As They Are" And Fiscal Federalism, Mark Suben

Fordham Law Review

No abstract provided.


Aerial Surveillance: Overlooking The Fourth Amendment , Susan A. Higgins Jan 1981

Aerial Surveillance: Overlooking The Fourth Amendment , Susan A. Higgins

Fordham Law Review

No abstract provided.


Construction Loan Advances And The Subordinated Purchase Money Mortgagee: An Appraisal, A Suggested Approach, And The Ulta Perspective, Gerald Korngold Jan 1981

Construction Loan Advances And The Subordinated Purchase Money Mortgagee: An Appraisal, A Suggested Approach, And The Ulta Perspective, Gerald Korngold

Fordham Law Review

No abstract provided.


Sex Discrimination And The Burger Court: A Retreat In Progress?, Caren Dubnoff Jan 1981

Sex Discrimination And The Burger Court: A Retreat In Progress?, Caren Dubnoff

Fordham Law Review

No abstract provided.


Property Division And Alimony Awards: A Survey Of Statutory Limitations On Judicial Discretion, Mary Jane Connell Jan 1981

Property Division And Alimony Awards: A Survey Of Statutory Limitations On Judicial Discretion, Mary Jane Connell

Fordham Law Review

No abstract provided.


Apportioning Contribution Shares Under The Federal Securities Acts: A Suggested Approach For An Unsettled Area, Jeffrey Edmund Lagueux Jan 1981

Apportioning Contribution Shares Under The Federal Securities Acts: A Suggested Approach For An Unsettled Area, Jeffrey Edmund Lagueux

Fordham Law Review

No abstract provided.


The Brooding Omnipresence Of The Federal Common Law: The Evisceration Of The Controlling Persons Provisions Of The Federal Securities Acts, James Duggan Jan 1981

The Brooding Omnipresence Of The Federal Common Law: The Evisceration Of The Controlling Persons Provisions Of The Federal Securities Acts, James Duggan

Fordham Law Review

No abstract provided.