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Articles 31 - 60 of 183
Full-Text Articles in Law
The Constitutionality Of Remote Sensing Satellite Surveillance In Warrantless Environmental Inspections, Karen Geer
The Constitutionality Of Remote Sensing Satellite Surveillance In Warrantless Environmental Inspections, Karen Geer
Fordham Environmental Law Review
No abstract provided.
The Role Of Insurance In Environmental Liability, Jeffrey Terence Knebel
The Role Of Insurance In Environmental Liability, Jeffrey Terence Knebel
Fordham Environmental Law Review
No abstract provided.
Garbage And The Constitution: Solid Waste Disposal, The Dormant Commerce Clause, And The Market Participant Exception, Edward W. Greason
Garbage And The Constitution: Solid Waste Disposal, The Dormant Commerce Clause, And The Market Participant Exception, Edward W. Greason
Fordham Environmental Law Review
No abstract provided.
Rcra Reauthorization: Moving The Incineration Issue To The Front Burner, Marylou Scofield
Rcra Reauthorization: Moving The Incineration Issue To The Front Burner, Marylou Scofield
Fordham Environmental Law Review
No abstract provided.
Whose Grass Is Greener? Green Marketing: Toward A Uniform Approach For Responsible Environmental Advertising, Joanna Watman
Whose Grass Is Greener? Green Marketing: Toward A Uniform Approach For Responsible Environmental Advertising, Joanna Watman
Fordham Environmental Law Review
No abstract provided.
A Survey Of Approaches To Assessing Damages To Contaminated Private Property, Kenneth F. Mccallion
A Survey Of Approaches To Assessing Damages To Contaminated Private Property, Kenneth F. Mccallion
Fordham Environmental Law Review
No abstract provided.
The Real Acid Test Of Title Iv Of The Clean Air Act Amendments Of 1990: External Cost Justifications Not Related To Acid Deposition Control, James R. May
Fordham Environmental Law Review
No abstract provided.
Toward A Model Whistleblowing Law, John D. Feerick
Toward A Model Whistleblowing Law, John D. Feerick
Fordham Urban Law Journal
The current state and local whistleblowing laws in New York provide inadequate protection for employees against employer retaliation in the public and private sector. These laws must be reformed so that employees can enjoy sufficient protection from employer retaliation, and so that a high standard of fairness, responsibility and honesty can be promoted throughout New York State and New York City.
A Tribute To Kevin Thomas Duffy, Constantine N. Katsoris
A Tribute To Kevin Thomas Duffy, Constantine N. Katsoris
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Alfadda V. Fenn: Shifting The Standard For Applying U.S. Statutes To Predominantly Non-U.S. Transactions, Tara Ann Carroll
Alfadda V. Fenn: Shifting The Standard For Applying U.S. Statutes To Predominantly Non-U.S. Transactions, Tara Ann Carroll
Fordham International Law Journal
This Comment argues that the Second Circuit, in Alfadda v. Fenn, properly held that the district court had subject matter jurisdiction over a controversy involving few U.S. activities and actors because the actors engaged in significant conduct in the United States. Part I examines the principles and pertinent case law governing the extraterritorial application of the civil RICO statute. Part II describes the facts and procedural his- tory of Alfadda v. Fenn, detailing the district court's denial of subject matter jurisdiction and the Second Circuit's subse- quent reversal. Part III argues that the Second Circuit cor- rectly applied the existing …
Cartels: Proof And Procedural Issues, Maurice Guerrin, Georgios Kyriazis
Cartels: Proof And Procedural Issues, Maurice Guerrin, Georgios Kyriazis
Fordham International Law Journal
The above considerations demonstrate, however, the importance of the questions regarding the nature and the scope of admissible cartel evidence, especially in regard to the issues of due process in general and of the obligation to safeguard the rights of the defense against the prosecution in particular. Obviously, the fundamental principle governing these issues is commonly known and universally accepted: no one can be prosecuted or condemned without concrete evidence of the infringement of which the defendant is accused. The legal and procedural requirements concerning cartel evidence are therefore closely related to the powers of investigation entrusted to the EC …
The New Germany And The New Europe. Edited By Paul B. Stares, Gregory F. Hauser
The New Germany And The New Europe. Edited By Paul B. Stares, Gregory F. Hauser
Fordham International Law Journal
The Brookings Institution's new book, The New Germany and the New Europe, is an attempt along these lines. Actually a collection of twelve scholarly papers, it is an in-depth examination of the roiled political and economic currents that washed away the Berlin Wall and the rest of the Iron Curtain and continue to affect the flow of so much of current events. There are two more substantive shortcomings that pervade the book. The first of these; to be fair, the book shares with many of the policy debates that presently occur on the planet: a persistent failure to consider the …
The North American Free Trade Agreement: The Need To Protect Transboundary Water Resources, Farah Khakee
The North American Free Trade Agreement: The Need To Protect Transboundary Water Resources, Farah Khakee
Fordham International Law Journal
This Comment argues that because NAFTA and the IEP do not safeguard environmental interests adequately, additional measures need to be taken to preserve and prevent pollution of transboundary water resources. Part I of this Comment discusses the present status of customary international law, existing treaties, and national environmental laws that govern international water pollution abatement and its judicial enforcement. This part specifically addresses liability under the U.S. Federal Water Pollution Control Act, commonly known as the Clean Water Act (the "CWA").20 Part II discusses aspects of evolving international law, NAFTA, and the IEP with respect to transboundary environmental resources. Part …
Pietro S. Nivola, Regulating Unfair Trade, Victor Essien
Pietro S. Nivola, Regulating Unfair Trade, Victor Essien
Fordham International Law Journal
In his earlier work, Nivola displayed his ability to urge acceptance of controversial viewpoints. In his most recent work, Regulating Unfair Trade,' Mr. Nivola has outdone himself. Even those who disagree with some of his analyses and conclusions will acknowledge that his views are informed and balanced. Furthermore, his presentation is thorough and his style is easy to follow. Mr. Nivola divides the discussion into seven chapters. In the first chapter, "Gulliver's Travail," he describes the objective for his enterprise. In the second chapter, he maps out the terrain. In chapter three, he sets the general tone for the discussion. …
The Legal Regulation Of Lawyers' Conflicts Of Interest, Richard A. Epstein
The Legal Regulation Of Lawyers' Conflicts Of Interest, Richard A. Epstein
Fordham Law Review
No abstract provided.
Indeterminacy, Justification And Truth In Constitutional Theory, Robert Justin Lipkin
Indeterminacy, Justification And Truth In Constitutional Theory, Robert Justin Lipkin
Fordham Law Review
In this Article, Professor Lipkin continues the debate over the nature of indeterminacy in constitutional theory, arguing that epistemic indeterminacy is most relevant to the law, because epistemic indeterminacy is more closely tied to practical reasoning than is metaphysical indeterminacy. Professor Lipkin further argues that the controversy over metaphysical or epistemic indeterminacy is really a controversy over truth or justification as the primary form of validating constitutional rules. In Professor Lipkin's view, the search for constitutional truth should be abandoned or, at best, should be treated as a trivial result of the best justification. Finally, Professor Lipkin proposes a new …
Question Of Class: Does 42 U.S.C. Section 1985(3) Protect Women Who Are Barred From Abortion Clinics, Mary F. Leheny
Question Of Class: Does 42 U.S.C. Section 1985(3) Protect Women Who Are Barred From Abortion Clinics, Mary F. Leheny
Fordham Law Review
No abstract provided.
Judging By Reputation, Marc M. Arkin
Judging By Reputation, Marc M. Arkin
Fordham Law Review
Cardozo: A Study in Reputation. By Richard A. Posner. The University of Chicago Press, 1990. Pp. 156. $18.95
The Constitution And Capital Sentencing: Pursuing Justice And Equality, Scott W. Howe
The Constitution And Capital Sentencing: Pursuing Justice And Equality, Scott W. Howe
Fordham Law Review
Equal Justice and The Death Penalty: A Legal and Empirical Analysis. By David C. Baldus, George Woodworth and Charles Pulaski, Jr. Boston: Northeastern University Press. 1990. Pp. Vii, 689. $65.00
Dedication To Professor Edward Yorio
Dedication To Professor Edward Yorio
Fordham Law Review
The Board of Editors of the Fordham Law Review Dedicates this Issue to the memory of Professor Edward Yorio Professor of Contracts. Edward Yorio graduated from Harvard Law School with honors in 1971 and was appointed to the faculty of Fordham Law School in 1973. In a very short time, he became a dearly valued member of the legal profession and of the Fordham Law School community. To students who had the privilege of taking his Contracts class, he was a dedicated teacher who inspired them with his energy, mind, and ability to teach. Utilizing his keen wit, Professor Yorio …
The Case Against Strict Liability, Alan Schwartz
The Case Against Strict Liability, Alan Schwartz
Fordham Law Review
Professor Schwartz identifies the foundational assumptions of strict products liability law, and argues that these assumptions are either false, not supportive of banishing free contract, or not proven on the current evidence. After showing that, on the evidence now available, strict liability cannot be shown to be more efficient than free contract, Professor Schwartz argues that the choice among legal regimes should be made by a "representative consumer"--a person who knows what is knowable about markets and who knows that he lives in a liberal state, but who does not know what position he will occupy in that state. Professor …
Causal Comparisons, Robert N. Strassfeld
Causal Comparisons, Robert N. Strassfeld
Fordham Law Review
Focusing on the multiple meanings of the statement "A was a more important cause of C than was B," Professor Strassfeld considers the feasibility of comparative causation as a means of apportioning legal responsibility for harms. He concludse that by combining two different interpretations of "more important cause"--judgments of comparative counterfactual similarity and the Uniform Comparative Fault Act approach of comparative responsibility--we can effectively make causal comparisons and avoid the effort to compare such incommensurables as the defendant's fault under a strict liability standard and the plaintiff's failt for failure to exercise reasonable care.
The Advocate: Should He Speak Or Write?, The Rt. Hon. Lord Mackay
The Advocate: Should He Speak Or Write?, The Rt. Hon. Lord Mackay
Fordham Law Review
This speech was given by The Rt. Hon. Lord Mackay on April 3, 1991, at Fordham University's School of Law as the John F. Sonnet Memorial Lecture.
U.S. Restructuring Legislation: Revising The International Banking Act Of 1978, For The Worse?, Cynthia C. Lichtenstein
U.S. Restructuring Legislation: Revising The International Banking Act Of 1978, For The Worse?, Cynthia C. Lichtenstein
Fordham Law Review
The Federal Deposit Insurance Corporation Improvement Act of 1991 contains several sections dealing with the regulation of foreign banks in the United States. In this Article, Professor Lichenstein gives a critical analysis of the new foreign-bank legislation. After arguing that these legislative changes do not adequately address the emerging financial marketplace, Professor Lichtenstein offers a modest proposal for revising the U.S. regulatory structure.
The Compatibility Of The Unictral Model Law On International Credit Transfers With Article 4a Of The Ucc, Carl Felsenfeld
The Compatibility Of The Unictral Model Law On International Credit Transfers With Article 4a Of The Ucc, Carl Felsenfeld
Fordham Law Review
In this Article, Professor Felsenfeld compares the provisions of Article 4A of the Uniform Commercial Code with the Model Law of the United Nations Commission on International Trade Law. Professor Felsenfeld argues that these laws are compatible by contrasting each section of both laws and resolving the differences between them. Professor Felsenfeld concludes that the Model Law is ready for acceptance and adoption in the United States.
The Role Of Securities And Exchange Commission In An Internationalized Marketplace, James R. Doty
The Role Of Securities And Exchange Commission In An Internationalized Marketplace, James R. Doty
Fordham Law Review
Mr. Doty, General Counsel of the United States Securities and Exchange Commission ("SEC"), explores the complexities of an internationalized securities market and the appropriate role of the SEC in such a marketplace. Mr. Doty examines the cooperation of securities authorities from around the globe, including the SEC, to address problems of fraudulent conduct, capital adequacy, and standards of disclosure. Mr. Doty concludes that the SEC has been, and should continue to be, a "standard-setter" in the globalization process.
Transnational Financial Services--Current Challenges For An Integrated Europe, Gerhard Wegen
Transnational Financial Services--Current Challenges For An Integrated Europe, Gerhard Wegen
Fordham Law Review
In this address, Dr. Wegen focuses on the challenges facing an integrated Europe. Dr. Wegen examines the existing regulatory scheme which governs the EC financial services industry. By discussing possible enlargement of the EC to include easter and central European countries. Dr. Wegen addresses the growing need to develop and expand structural devices, both governmental and informal, to bind the ED. The basis for such a union must be the free movement of goods, capital, services, and persons. Dr. Wegen concludes by stressing that the EC must prepare for global competition, rather than struggle over matters of national pride.
The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg
The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg
Fordham Law Review
Professor Reidenberg addresses the challenge to transnational financial services resulting from national regulation of information processing. National laws around the world seek to define fair information practices for the private sector and contain prohibitions on data transfers to foreign destinations that lack sufficient privacy protection. The effect of these laws for the financial services industry is significant because financial services depend on personal information. Professor Reidenberg argues that the international attempts to harmonize information processing encourage divergence of national standards for financial services. He argues that regulatory flexibility and customization is necessary to support financial sevices and accomodate, without circumventing, …
Increasing United States Investment In Foreign Securities: An Evaluation Of Sec Rule 144a, Vickie Kokkalenios
Increasing United States Investment In Foreign Securities: An Evaluation Of Sec Rule 144a, Vickie Kokkalenios
Fordham Law Review
No abstract provided.
The Sec's Proposed Regulations Of Foreign Securities Issued In The United States, Harold Schimkat
The Sec's Proposed Regulations Of Foreign Securities Issued In The United States, Harold Schimkat
Fordham Law Review
No abstract provided.