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Full-Text Articles in Law

Thinking Of The Children: The Failure Of Violent Video Game Laws, Gregory Kenyota Mar 2008

Thinking Of The Children: The Failure Of Violent Video Game Laws, Gregory Kenyota

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Law And Online Social Networks: Mapping The Challenges And Promises Of User-Generated Information Flows, Tal Z. Zarsky Mar 2008

Law And Online Social Networks: Mapping The Challenges And Promises Of User-Generated Information Flows, Tal Z. Zarsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


A Redeeming Interest In Religious Freedom: Are Islamic Mortgage Alternatives Clogs On The Equitable Right Of Redemption?, Scott Griswold Jan 2008

A Redeeming Interest In Religious Freedom: Are Islamic Mortgage Alternatives Clogs On The Equitable Right Of Redemption?, Scott Griswold

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Eighth Annual A.A. Sommer, Jr. Lecture On Corporate, Securities, And Financial Law, William Michael Treanor, Ben A. Indek, Jill E. Fisch, Paul S. Atkins Jan 2008

The Eighth Annual A.A. Sommer, Jr. Lecture On Corporate, Securities, And Financial Law, William Michael Treanor, Ben A. Indek, Jill E. Fisch, Paul S. Atkins

Fordham Journal of Corporate & Financial Law

No abstract provided.


Evaluating The Mission: A Critical Review Of The History And Evolution Of The Sec Enforcement Program, Paul S. Atkins, Bradley J. Bondi Jan 2008

Evaluating The Mission: A Critical Review Of The History And Evolution Of The Sec Enforcement Program, Paul S. Atkins, Bradley J. Bondi

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Antitrust Aspects Of Bank Mergers - Panel Discussion I: Development Of Bank Merger Law, Carl Felsenfeld, Douglas Broder, Bert Foer, Dr. Anne Gron Jan 2008

The Antitrust Aspects Of Bank Mergers - Panel Discussion I: Development Of Bank Merger Law, Carl Felsenfeld, Douglas Broder, Bert Foer, Dr. Anne Gron

Fordham Journal of Corporate & Financial Law

No abstract provided.


Perceptions Of The Future Of Bank Merger Antitrust: Local Areas Will Remain Relevant Markets, Gregory J. Werden Jan 2008

Perceptions Of The Future Of Bank Merger Antitrust: Local Areas Will Remain Relevant Markets, Gregory J. Werden

Fordham Journal of Corporate & Financial Law

No abstract provided.


Bank Merger Reform Takes An Extended Philadelphia National Bank Holiday, Edward Pekarek, Michela Huth Jan 2008

Bank Merger Reform Takes An Extended Philadelphia National Bank Holiday, Edward Pekarek, Michela Huth

Fordham Journal of Corporate & Financial Law

No abstract provided.


Panel Discussion: Subprime Mortgage Meltdown And The Global Financial Crisis, William Michael Treanor, Constantine N. Katsoris, Jill E. Fisch, Stuart Kaswell, Steven M. Cohen, Harvey Miller, Gretchen Morgenson, Richard Neiman, Giovanni Prezioso, Muriel Siebert Jan 2008

Panel Discussion: Subprime Mortgage Meltdown And The Global Financial Crisis, William Michael Treanor, Constantine N. Katsoris, Jill E. Fisch, Stuart Kaswell, Steven M. Cohen, Harvey Miller, Gretchen Morgenson, Richard Neiman, Giovanni Prezioso, Muriel Siebert

Fordham Journal of Corporate & Financial Law

No abstract provided.


Bridging The Gaps: How Cross-Disciplinary Training With Mbas Can Improve Transactional Education, Prepare Students For Private Practice, And Enhance University Life., Seth Freeman Jan 2008

Bridging The Gaps: How Cross-Disciplinary Training With Mbas Can Improve Transactional Education, Prepare Students For Private Practice, And Enhance University Life., Seth Freeman

Fordham Journal of Corporate & Financial Law

No abstract provided.


Securities Regulation In Low-Tier Listing Venues: The Rise Of The Alternative Investment Market, Jose M. Mendoza Jan 2008

Securities Regulation In Low-Tier Listing Venues: The Rise Of The Alternative Investment Market, Jose M. Mendoza

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Antitrust Aspects Of Bank Mergers, Editors' Forward Jan 2008

The Antitrust Aspects Of Bank Mergers, Editors' Forward

Fordham Journal of Corporate & Financial Law

No abstract provided.


A Proposal For Protecting Executive Communications With Corporate Counsel After Corporate Client Has Waived Its Attorney-Client Privilege , John W. Gergacz Jan 2008

A Proposal For Protecting Executive Communications With Corporate Counsel After Corporate Client Has Waived Its Attorney-Client Privilege , John W. Gergacz

Fordham Journal of Corporate & Financial Law

No abstract provided.


An End To The Deadbeat Dad Dilemma? - Puncturing The Paradigm By Allowing A Deduction For Child Support Payments , Reginald Mombrun Jan 2008

An End To The Deadbeat Dad Dilemma? - Puncturing The Paradigm By Allowing A Deduction For Child Support Payments , Reginald Mombrun

Fordham Journal of Corporate & Financial Law

No abstract provided.


Fin Rah!...A Welcome Change: Why The Merger Was Necessary To Preserve U.S. Market Integrity, Yesenia Cervantes Jan 2008

Fin Rah!...A Welcome Change: Why The Merger Was Necessary To Preserve U.S. Market Integrity, Yesenia Cervantes

Fordham Journal of Corporate & Financial Law

No abstract provided.


Why The "Single Entity" Defense Can Never Apply To Nfl Clubs: A Primer On Property-Rights Theory In Professional Sports, Marc Edelman Jan 2008

Why The "Single Entity" Defense Can Never Apply To Nfl Clubs: A Primer On Property-Rights Theory In Professional Sports, Marc Edelman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Contribution Of The International Court Of Justice To The Development Of International Environmental Law: A Contemporary Assessment, Dr. Jorge E. Viñuales Jan 2008

The Contribution Of The International Court Of Justice To The Development Of International Environmental Law: A Contemporary Assessment, Dr. Jorge E. Viñuales

Fordham International Law Journal

The article provides a detailed and up-to-date assessment of the contribution of the International Court of Justice (ICJ) to the development of International Environmental Law (IEL), including the potential in this respect of the cases currently pending before the Court. The author argues that the ICJ's contribution to IEL can be organized in two main waves of cases. The legacy of the first wave, which covered essentially the Corfu Channel and the Nuclear Tests cases, as well as an important obiter dictum made in the Barcelona Traction case, was the confirmation of previous case-law on transboundary damages as well as …


Soft Law As Delegation, Timothy Meyer Jan 2008

Soft Law As Delegation, Timothy Meyer

Fordham International Law Journal

This article examines one of the most important trends in international legal governance since the end of the Cold War: the rise of “soft law,” or legally non-binding instruments that are given legal effect through domestic law or internationally binding agreements such as treaties. Scholars studying the design of international agreements have long puzzled over why states use soft law. The decision to make an agreement or obligation legally binding is within the control of the states negotiating the content of the legal obligations. Basic contract theory predicts that parties to a contract would want their agreement to be as …


The Nexus Of Public And Private In Foreign Direct Investment: An Analysis Of Ifc, Miga, And Opic, Adam L. Masser Jan 2008

The Nexus Of Public And Private In Foreign Direct Investment: An Analysis Of Ifc, Miga, And Opic, Adam L. Masser

Fordham International Law Journal

This Report will provide an exposition of the most recent activities of three of the most important public supporters of foreign direct investment ("FDI"): the International Finance Corporation ("IFC"), the Multilateral Investment Guarantee Agency ("MIGA"), and the Overseas Private Investment Corporation ("OPIC"), with a focus on their regional and sectoral investment patterns. While not a panacea to the incredible challenges in achieving reductions in poverty, FDI is an essential element in the overall strategy to ensure successful, sustainable development. It is also an element that, especially in the least developed countries ("LDCs"), has suffered from consistent underperformance. Part I will …


The Distinct Cases Of Kosovo And South Ossetia: Deciding The Question Of Independence On The Merits And International Law, Ronald Thomas Jan 2008

The Distinct Cases Of Kosovo And South Ossetia: Deciding The Question Of Independence On The Merits And International Law, Ronald Thomas

Fordham International Law Journal

The cases of Kosovo and South Ossetia provide two opportunities for the community of nations to reconcile the rights of Serbia and Georgia with the rights of the peoples within their borders. Instead of doing so, other countries used these cases for ideological and political posturing and continued to do so as of the end of 2008. This Note will review Kosovo and South Ossetia and attempt to take the politics out of an inherently political decision-whether or not to recognize them as independent states. Part I of this Note will review how the United Nations has approached the issues …


The Progress Of Women Lawyers At Big Firms: Steadied Or Simply Studied?, Judith S. Kaye, Anne C. Reddy Jan 2008

The Progress Of Women Lawyers At Big Firms: Steadied Or Simply Studied?, Judith S. Kaye, Anne C. Reddy

Fordham Law Review

In the twenty years since now-Chief Judge Judith S. Kaye published her essay on women lawyers in big firms, interest in the subject has mushroomed, as the profession continues to grapple with issues of gender equity. This update reflects voluminous new literature and looks behind the statistics to find fresh efforts and pathways to solutions that can benefit women as well as the profession generally.


Turf Wars: Street Gangs And The Outer Limits Of Rico's "Affecting Commerce" Requirement, Frank D'Angelo Jan 2008

Turf Wars: Street Gangs And The Outer Limits Of Rico's "Affecting Commerce" Requirement, Frank D'Angelo

Fordham Law Review

In response to the increasingly vast economic impact of organized crime, Congress in 1970 enacted the Racketeer Influenced and Corrupt Organizations Act (RICO) to provide federal prosecutors additional tools to combat such crime. RICO requires that enterprises whose members are charged with violating the Act must “affect interstate commerce.” Courts have held that RICO may be applied to enterprises with no economic motivation so long as they minimally affect interstate commerce. However, given the Act's economic history and interstate commerce element, its application to noneconomic intrastate enterprises presents a special problem. This Note argues that, consistent with relevant Commerce Clause …


Explaining Away The Obvious: The Infeasibility Of Characterizing The Second Amendment As A Nonindividual Right, George A. Mocsary Jan 2008

Explaining Away The Obvious: The Infeasibility Of Characterizing The Second Amendment As A Nonindividual Right, George A. Mocsary

Fordham Law Review

Although the Second Amendment of the U.S. Constitution has guaranteed the right to keep and bear arms for more than 200 years, the U.S. Supreme Court has never formally declared to whom the right belongs. Each side of the gun debate--one holding that the Amendment guarantees a right to individuals, the other that states possess the right--supports its position with ostensibly solid precedential, historical, and textual arguments. This Note approaches the issue from the opposite direction, asking how many precedential, historical, and textual obstacles each side must explain away and examining the relative strength of those explanations. Under this analysis, …


Rule 26(A)(2)(B) Of The Federal Rules Of Civil Procedure: In The Interest Of Full Disclosure, Katherine A. Rocco Jan 2008

Rule 26(A)(2)(B) Of The Federal Rules Of Civil Procedure: In The Interest Of Full Disclosure, Katherine A. Rocco

Fordham Law Review

This Note examines the varying interpretations of Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure, an issue currently dividing the nation's circuit courts of appeal and district courts. Interpreting the Rule for its plain meaning yields an exemption for expert witnesses who are either treating physicians or employees of a party in the case. While some courts have followed this textualist approach, more have opted for a broader interpretation, imposing the expert report requirements of Rule 26 on employee experts and treating physicians under certain circumstances. In keeping with the spirit of the Rules, courts should interpret the Rule …


Home Ownership Risk Beyond A Subprime Crisis: The Role Of Delinquency Management, Melissa B. Jacoby Jan 2008

Home Ownership Risk Beyond A Subprime Crisis: The Role Of Delinquency Management, Melissa B. Jacoby

Fordham Law Review

A surge in delinquency among risky subprime home mortgages has produced calls for front-end regulatory fixes as well as emergency foreclosure avoidance interventions. Whatever the merit of those interventions, this Essay calls for home mortgage delinquency management to be conceptualized as an enduring component of housing policy. The Essay identifies and evaluates a framework for the management of delinquency that is not limited to formal foreclosure law and includes other debtor-creditor laws such as bankruptcy, industry loss mitigation efforts, and third-party interventions such as delinquency housing counseling. The Essay also proposes that delinquency management be evaluated through the lens of …


Prudential Standing Limitations On Lanham Act False Advertising Claims, Gregory Apgar Jan 2008

Prudential Standing Limitations On Lanham Act False Advertising Claims, Gregory Apgar

Fordham Law Review

Section 43(a) of the Lanham Act provides a federal cause of action for false advertising. There is considerable disagreement among the federal circuit courts over the proper way to determine standing under this statute. Much of the disagreement centers on how the plaintiff's status as a direct competitor of the defendant should affect the standing inquiry. This Note argues that the five-factor test currently used by the U.S. Courts of Appeals for the Third, Fifth, and Eleventh Circuits is the best approach. Further, this Note argues that an allegation of a commercial injury by a direct competitor of the defendant …


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.


Waiting In Immigration Limbo: The Federal Court Split Over Suits To Compel Action On Stalled Adjustment Of Status Applications, Lauren E. Sasser Jan 2008

Waiting In Immigration Limbo: The Federal Court Split Over Suits To Compel Action On Stalled Adjustment Of Status Applications, Lauren E. Sasser

Fordham Law Review

This Note explores the conflict surrounding federal courts' authority to hear injunctive suits from adjustment of status applicants demanding U.S. Citizenship and Immigration Services action on significantly delayed applications. The conflict turns on whether the agency has a duty to adjudicate applications properly before it, whether it must do so in a reasonable time, and whether any statutes preclude jurisdiction. The Note argues that the agency has a duty to adjudicate applications properly before it in a reasonable time. When it violates that duty, applicants should have legal recourse in all jurisdictions.


Who Is At The Table? Interpreting Disclosure Requirements For Ad Hoc Groups Of Institutional Investors Under Federal Rule Of Bankruptcy Procedure 2019, James M. Shea, Jr. Jan 2008

Who Is At The Table? Interpreting Disclosure Requirements For Ad Hoc Groups Of Institutional Investors Under Federal Rule Of Bankruptcy Procedure 2019, James M. Shea, Jr.

Fordham Law Review

This Note explores Federal Rule of Bankruptcy Procedure 2019's disclosure requirements when hedge funds and other institutional investors appear as groups in Chapter 11 cases. In particular, this Note traces the history of Rule 2019 and the various corporate reorganization mechanisms to explain the split between two bankruptcy courts on whether these groups constitute “committees” under Rule 2019. This Note cites the fundamental differences between these groups and protective committees--the committees charged with representing security holders under federal equity receiverships. Hence, ad hoc groups do not have to make detailed disclosures of each individual transaction, disclosure that would be required …


Forty Years Of Loving: Confronting Issues Of Race, Sexuality, And The Family In The Twenty-First Century, Introduction, Robin A. Lenhardt, Elizabeth B. Cooper, Sheila R. Foster, Sonia K. Katyal Jan 2008

Forty Years Of Loving: Confronting Issues Of Race, Sexuality, And The Family In The Twenty-First Century, Introduction, Robin A. Lenhardt, Elizabeth B. Cooper, Sheila R. Foster, Sonia K. Katyal

Fordham Law Review

No abstract provided.