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Full-Text Articles in Law
The Battle With Big Tech: Analyzing Antitrust Enforcement And Proposed Reforms, Youngjae Lee, Morgan Hagenbuch
The Battle With Big Tech: Analyzing Antitrust Enforcement And Proposed Reforms, Youngjae Lee, Morgan Hagenbuch
Fordham Journal of Corporate & Financial Law
No abstract provided.
A Patent Reformist Supreme Court And Its Unearthed Precedent, Samuel F. Ernst
A Patent Reformist Supreme Court And Its Unearthed Precedent, Samuel F. Ernst
Fordham Intellectual Property, Media and Entertainment Law Journal
How is it that the Supreme Court, a generalist court, is leading a project of innovation reform in our times while the court of appeals established to encourage innovation is having its precedent stricken down time and again? This decade the Supreme Court has issued far more patent law decisions than in any decade since the passage of the Patent Act of 1952. In doing so, the Supreme Court has overruled the Federal Circuit in roughly threequarters of the patent cases in which the Supreme Court has issued opinions. In most of these cases, the Supreme Court has established rules …
The Emerging Investment Landscape Of Post-Sanctions Iran: Opportunities, Risks, And Implications On Us Foreign Policy, Christopher Beall
The Emerging Investment Landscape Of Post-Sanctions Iran: Opportunities, Risks, And Implications On Us Foreign Policy, Christopher Beall
Fordham International Law Journal
No abstract provided.
"Europe Isn't Working In Europe": Reform And Modernisation Of The European Welfare State In The Wake Of The Economic Crisis, Erika Szyszczak
"Europe Isn't Working In Europe": Reform And Modernisation Of The European Welfare State In The Wake Of The Economic Crisis, Erika Szyszczak
Fordham International Law Journal
The first section analyses the European commitment to a welfare state in the light of the creation of an Internal Market and the economic crisis. The second section addresses how the EU has set about the reform and modernisation of public finances in response to the economic crisis. The third part analyses how the EU is balancing a modernisation agenda of reforming public services with a tougher agenda on reforming public finances. This section is followed by a specific case study of the modernisation of the procurement and financing of public services.
Getting A Fix On Cocaine Sentencing Policy: Reforming The Sentencing Scheme Of The Anti-Drug Abuse Act Of 1986, Alyssa L. Beaver
Getting A Fix On Cocaine Sentencing Policy: Reforming The Sentencing Scheme Of The Anti-Drug Abuse Act Of 1986, Alyssa L. Beaver
Fordham Law Review
The now-infamous “War on Drugs” campaign of the 1980s culminated in the adoption of the Anti-Drug Abuse Act of 1986, which included a provision for a one-hundred-to-one sentencing ratio of powder cocaine to crack cocaine. This ratio provides that the penalty for a crime involving five or ten grams of crack cocaine is equivalent to the sentence for a crime involving five hundred or one thousand grams of powder cocaine. This structure has led to a racial disparity in sentencing because African Americans are more often charged with a crack cocaine offense than Caucasians, who are usually indicted for powder …
"Who Killed Katie Couric?" And Other Tales From The World Of Executive Compensation Reform, Kenneth M. Rosen
"Who Killed Katie Couric?" And Other Tales From The World Of Executive Compensation Reform, Kenneth M. Rosen
Fordham Law Review
No abstract provided.
Returning Rico To Racketeers: Corporations Cannot Constitute An Associated-In-Fact Enterprise Under 18 U.S.C. § 1961(4), Caroline N. Mitchell, Jordan Cunningham, Mark R. Lentz
Returning Rico To Racketeers: Corporations Cannot Constitute An Associated-In-Fact Enterprise Under 18 U.S.C. § 1961(4), Caroline N. Mitchell, Jordan Cunningham, Mark R. Lentz
Fordham Journal of Corporate & Financial Law
No abstract provided.
Attorneys As Debt Relief Agencies: Constitutional Considerations, Marisa Terranova
Attorneys As Debt Relief Agencies: Constitutional Considerations, Marisa Terranova
Fordham Journal of Corporate & Financial Law
No abstract provided.
English Reforms To Judicial Selection: Comparative Lessons For American States? , Judith L. Maute
English Reforms To Judicial Selection: Comparative Lessons For American States? , Judith L. Maute
Fordham Urban Law Journal
This article offers a brief comparative look at American and British jurisprudential pending selection reforms, and argues that American states could improve their appointive systems by incorporating modern personnel recruitment and hiring practices. To restore public confidence in the courts, people must believe that judges exercise legitimate authority, undistorted by personal or partisan preferences. Beyond changes to the structural selection process in the Constitutional Reform Act, the extended conversations are bringing about foundational cultural shifts in the role of judges and their manner of selection. We could learn much from Britain’s modernized appointive system that aims to be open, transparent, …
Designing An Appointive System: The Key Issues, G. Alan Tarr
Designing An Appointive System: The Key Issues, G. Alan Tarr
Fordham Urban Law Journal
This article contains a selection of advice on how to improve the judicial selection system. The article explains that reconsideration of the judicial appointive systems must include both the broadly theoretical and the intensely practical. It should identify the key questions that must be addressed in creating a system of judicial appointment, elaborate and defend the principles that should guide choices among alternative appointive systems, and clarify how those principles can be translated into institutional arrangements that will advance the goal of a quality judiciary. This reconsideration should also take seriously the arguments and claims of those who oppose the …
Wild Political Dreaming: Constitutional Reformation Of The United States Senate, Scott J. Bowman
Wild Political Dreaming: Constitutional Reformation Of The United States Senate, Scott J. Bowman
Fordham Law Review
No abstract provided.
Nearly A Decade Later: Revisiting Gustafson And The Status Of Section 12(A)(2) Liability In The Courts - Creative Judicial Developments And A Proposal For Reform, Natasha S. Guinan
Nearly A Decade Later: Revisiting Gustafson And The Status Of Section 12(A)(2) Liability In The Courts - Creative Judicial Developments And A Proposal For Reform, Natasha S. Guinan
Fordham Law Review
No abstract provided.
Doctors, The Adversary System, And Procedural Reform In Medical Liability Litigation , Catherine T. Struve
Doctors, The Adversary System, And Procedural Reform In Medical Liability Litigation , Catherine T. Struve
Fordham Law Review
No abstract provided.
Judicial Rationalizations For Rationing Justice: How Sixth Amendment Doctrine Undermines Reform, Bruce A. Green
Judicial Rationalizations For Rationing Justice: How Sixth Amendment Doctrine Undermines Reform, Bruce A. Green
Fordham Law Review
No abstract provided.
Our Drug Laws Have Failed - So Where Is The Desperately Needed Meaningful Reform?, David C. Leven
Our Drug Laws Have Failed - So Where Is The Desperately Needed Meaningful Reform?, David C. Leven
Fordham Urban Law Journal
The article begins by stating that the harsh drug laws of New York have failed to have an effect on the amount of drug dealers and instead have led to overcrowding of prisons with non-addict drug users. It states that the laws must be modified to give greater sentencing to judges, increasing diversion of non-violent offenders to rehabilitation. The article then delineates the problems resulting from current drug law and the criticism thereof. It then states the attempted reforms of drug laws that have been insufficient. The article concludes by suggesting proposals to solve the problems delineated, including proportionate sentences, …
Is Our Drug Policy Effective, Jefferson M. Fish
Is Our Drug Policy Effective, Jefferson M. Fish
Fordham Urban Law Journal
The article begins by stating that the time has come for a reexamination of our drug policy. It continues by discussing the two day conference "Is Our Drug Policy Effective?" "Are There Alternatives?" organized by several committee's. Because of space constraints, the article mainly delves into two topics, certain substances both licit and illicit with regard to both their physiological effects and the policies governing them, and also the disproportionate emphasis placed by the war on drugs on combating marijuana. The article then gives summaries of the speakers at the conference. These include: Objectives of our drug policy, overviews of …
The Maine Clean Election Act: The Future Of Campaign Finance Reform, Michael E. Campion
The Maine Clean Election Act: The Future Of Campaign Finance Reform, Michael E. Campion
Fordham Law Review
No abstract provided.
A Natural Law Defense Of Buckley V. Valeo, Jack B. Sarno
A Natural Law Defense Of Buckley V. Valeo, Jack B. Sarno
Fordham Law Review
No abstract provided.
Prosecutorial Discretion And The Death Penalty: Creating A Committee To Decide Whether To Seek The Death Penalty, John A. Horowitz
Prosecutorial Discretion And The Death Penalty: Creating A Committee To Decide Whether To Seek The Death Penalty, John A. Horowitz
Fordham Law Review
No abstract provided.
Insolvency Law And Reform In The People's Republic Of China, Ronald Winston Harmer
Insolvency Law And Reform In The People's Republic Of China, Ronald Winston Harmer
Fordham Law Review
No abstract provided.
Reforming Model Rule 1.6: A Brief Essay From The Crossroads Of Ethics And Conscience, Kevin M. Ryan
Reforming Model Rule 1.6: A Brief Essay From The Crossroads Of Ethics And Conscience, Kevin M. Ryan
Fordham Law Review
No abstract provided.
Ten Thousand Tiny Clients: The Ethical Duty Of Representation In Children's Class-Action Cases, Martha Matthews
Ten Thousand Tiny Clients: The Ethical Duty Of Representation In Children's Class-Action Cases, Martha Matthews
Fordham Law Review
No abstract provided.
Playing With Firrea, Not Getting Burned: Statutory Overview Of The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Anthony C. Providenti, Jr.
Playing With Firrea, Not Getting Burned: Statutory Overview Of The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Anthony C. Providenti, Jr.
Fordham Law Review
No abstract provided.
A Note To Congress And The Fdic: After Firrea, Where's The Bif?, David Andrew Segal
A Note To Congress And The Fdic: After Firrea, Where's The Bif?, David Andrew Segal
Fordham Law Review
No abstract provided.
Reagan's Judicial Appointees And Antitrust In The 1990s, William E. Kovacic
Reagan's Judicial Appointees And Antitrust In The 1990s, William E. Kovacic
Fordham Law Review
No abstract provided.
Integrity And Ethical Standards In New York State Government: Final Report To The Governor, New York State Commission On Government Integrity
Integrity And Ethical Standards In New York State Government: Final Report To The Governor, New York State Commission On Government Integrity
Fordham Urban Law Journal
September 1990 letter from the New York State Commission on Government Integrity to Governor Mario M. Cuomo. “This letter constitutes the final report of the Commission on Government Integrity. The Commission was created by Executive Order 88.1 and directed to examine a wide variety of subjects concerning government integrity in New York State. Since its inception, the Commission has submitted 20 reports containing specific recommendations for reform of New York laws, regulations and procedures. Some of these recommendations can be implemented by executive order; others require action by the New York State Legislature. Most of the recommendations would impose no …
Restoring The Public Trust: A Blueprint For Government Integrity, New York State Commission On Government Integrity
Restoring The Public Trust: A Blueprint For Government Integrity, New York State Commission On Government Integrity
Fordham Urban Law Journal
September 1990 report of the New York State Commission on Government Integrity calling for "sweeping reforms to our laws to safeguard the public sector from the pressures brought to bear by private sector special interests and to reduce the temptation of officials to abuse their trust." In this "blueprint," the Commission identified several aspects of state government requiring legal and ethical reform, including: - campaign finance contribution limits, disclosure requirements, the public funding option, and ineffective enforcement by the State Board of Elections; - political influence in the judicial selection process; - limitations of the Ethics in Government Act; - …
Complex Litigation Reform And Article Iii Jurisdiction, Linda S. Mullenix
Complex Litigation Reform And Article Iii Jurisdiction, Linda S. Mullenix
Fordham Law Review
No abstract provided.
An Analysis And Review Of School Financing Reform, Edward G.H. Chin
An Analysis And Review Of School Financing Reform, Edward G.H. Chin
Fordham Law Review
No abstract provided.
The Politics Of Punishment: A Critical Analysis Of Prisons In America, Warrren Richmond
The Politics Of Punishment: A Critical Analysis Of Prisons In America, Warrren Richmond
Fordham Urban Law Journal
The problem of prisons and prison reform has become a subject of much discussion and study in our country. It has been suggested that it is in society’s best interest to invest substantial resources to develop prisons as rehabilitation centers and not as factories of crime so ex-prisoners will return to society as useful citizens. Wright sets forth why crime and prisons will remain fundamentally the same until a radical change is made in society itself. Levels of crime in America are substantially the result of ‘political choices’. After establishing who goes to prison and why, Wright concludes that prisons …