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Articles 11341 - 11370 of 13354

Full-Text Articles in Law

Public Figure Defamation: Preserving Summary Judgment To Protect Free Expression, Andrea B. Feller Jan 1980

Public Figure Defamation: Preserving Summary Judgment To Protect Free Expression, Andrea B. Feller

Fordham Law Review

No abstract provided.

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Remarks Delivered On The Occasion Of The Seventy-Fifth Anniversary Of Fordham Law School October 1, 1980, Donald F. Mchenry Jan 1980

Remarks Delivered On The Occasion Of The Seventy-Fifth Anniversary Of Fordham Law School October 1, 1980, Donald F. Mchenry

Fordham International Law Journal

Although my work is largely with international lawyers, I often meet lawyers from many walks of life and am struck by how many lawyers seem to doubt the very existence of international law. Layman though I am, I want to lay that misconception to rest. Law is the warp and woof of the fabric that binds us together. Law makes it possible for one hundred and fifty-four nations to deal cooperatively and peacefully with each other over a wide range of issues.

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The Protection Of Trading Interests Act Of 1980– Britain's Latest Weapon In The Fight Against United States Antitrust Laws, Arlene Daffada Jan 1980

The Protection Of Trading Interests Act Of 1980– Britain's Latest Weapon In The Fight Against United States Antitrust Laws, Arlene Daffada

Fordham International Law Journal

This Note will review the doctrines and principles which now guide the enforcement of United States antitrust laws in foreign commerce. It will then argue that the United States must choose between two alternative courses of action when responding to the passage of the PTIA. On the one hand, the United States could choose to maintain the status quo by endorsing existing antitrust laws and doctrines applicable to foreign commerce. On the other hand, the United States could respond by reexamining existing laws and considering changes in their scope, function, and and application in the field of foreign commerce. Whichever …

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Book Review Jan 1980

Book Review

Fordham Law Review

No abstract provided.

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Insurer-Initiated Direct Actions And The Section 1332(C) Proviso: Maintaining The Spirit Of Diversity Jusrisdiction, William Murphy Jan 1980

Insurer-Initiated Direct Actions And The Section 1332(C) Proviso: Maintaining The Spirit Of Diversity Jusrisdiction, William Murphy

Fordham Law Review

No abstract provided.

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Books Received Jan 1980

Books Received

Fordham Law Review

No abstract provided.

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Section 14 Of The Lanham Act--Ftc Authority To Challenge Generic Trademarks, John M. Fietkiewicz Jan 1980

Section 14 Of The Lanham Act--Ftc Authority To Challenge Generic Trademarks, John M. Fietkiewicz

Fordham Law Review

No abstract provided.

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A New Direction For Implied Causes Of Action, Catherine M. Costa Jan 1980

A New Direction For Implied Causes Of Action, Catherine M. Costa

Fordham Law Review

No abstract provided.

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Inmate Abortions--The Right To Government Funding Behind The Prison Gates, Anne T. Vitale Jan 1980

Inmate Abortions--The Right To Government Funding Behind The Prison Gates, Anne T. Vitale

Fordham Law Review

No abstract provided.

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Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger Jan 1980

Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger

Fordham Law Review

No abstract provided.

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The Alien Tort Statute Of 1789– Political Torture Provides Federal Jurisdiction Under The Statute, Frank A. Russo Jan 1980

The Alien Tort Statute Of 1789– Political Torture Provides Federal Jurisdiction Under The Statute, Frank A. Russo

Fordham International Law Journal

Dr. Joel Filartiga and his daughter Dolly Filartiga, citizens of Paraguay living in the United States,' brought a civil action in United States District Court for the Eastern District of New York against Americo Norbeto Pena-Irala (Pena), also a citizen of Paraguay, for wrongfully causing the death of Dr. Filartiga's son, Joelito, in Paraguay in 1976. Although none of the parties were citizens of the United States and the alleged tort occurred in Paraguay, the Filartigas contended that the court's subject matter jurisdiction was properly based upon the Alien Tort Statute. While the Filartiga decision is bound to have broad-ranged …

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Canada's Foreign Investment Review Act Revisited, Barry J. O’Sullivan Jan 1980

Canada's Foreign Investment Review Act Revisited, Barry J. O’Sullivan

Fordham International Law Journal

The regulatory scheme mentioned is the Foreign Investment Review Act (FIRA)passed by the Parliament of Canada in December 1973. The FIRA was a response to a growing nationalist feeling in the early 1970's, from which developed a resentment of the seeming omnipresence of foreign business in the Canadian economy and a fear of the long-term consequences of such presence. In examining the FIRA, this Note will explore the factors that led to passage of the legislation. The Act will be analyzed in depth. Important statutory language will be defined and explained, and the review process of the FIRA will be …

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The Evolution Of A New And Viable Concept Of Sovereignty For Outer Space, Linda R. Sittenfeld Jan 1980

The Evolution Of A New And Viable Concept Of Sovereignty For Outer Space, Linda R. Sittenfeld

Fordham International Law Journal

The traditional territorially oriented concept of sovereignty is engaged in a particularly slow and problematical reconciliation with current developments in outer space. This Note will trace the concept of sovereignty as it has evolved into the space age. An examination of early debates regarding sovereignty in outer space reveals that the traditional territorial orientation is slowly being abandoned. Analysis of current issues indicates that while a significant conservative viewpoint continues to exist, a new non-territorial orientation is emerging. This Note will consider the proposition that it is this new non-territorially oriented sovereignty that is viable for outer space.

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The Nikkei Case: Toward A More Uniform Application Of The Direct Effect Clause Of The Foreign Sovereign Immunities Act, J. Blair Richardson, Jr. Jan 1980

The Nikkei Case: Toward A More Uniform Application Of The Direct Effect Clause Of The Foreign Sovereign Immunities Act, J. Blair Richardson, Jr.

Fordham International Law Journal

This Note will first examine the general purpose of the Foreign Sovereign Immunities Act and attempt to ascertain the intended meaning of the direct effect clause. It will then compare and contrast the Nikkei court's interpretation of the clause with the interpretations used in the other recent cases in the Southern District involving Nigerian cement contract disputes. Finally, this Note will suggest that the approach used in Nikkei is both correct and consistent with congressional intent as manifested in the legislative history of the Act.

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The Marianas Covenant Negotiations, Arnold H. Liebowitz Jan 1980

The Marianas Covenant Negotiations, Arnold H. Liebowitz

Fordham International Law Journal

In September 1969, the United States and the Congress of Micronesia's Joint Committee on Future Status began their negotiations. This article will examine the negotiations which commenced in December 1972 and will concentrate on the three areas which were central points of discussion: the political relationships between the United States and the Northern Marianas; issues of economic development and assistance; and problems of land policy.

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The Iranian Hostage Agreements: A Legal Analysis , Gerald T. Mclaughlin, Ludwik A. Teklaff Jan 1980

The Iranian Hostage Agreements: A Legal Analysis , Gerald T. Mclaughlin, Ludwik A. Teklaff

Fordham International Law Journal

The analysis contained in this article is divided into four parts. Part I will analyze the validity of the agreements under the law of treaties. Part II will discuss the power of the President to conclude these agreements. Part III will explore the various constitutional problems raised by requiring American claimants to seek binding third-party arbitration in the International Arbitral Tribunal and by banning the prosecution of claims against Iran hostages. Part IV will discuss the constitutional issues raised by freezing the assets of the estate of the Shah and his family.

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The Reinstated Steel Trigger Price Mechanism: Reinforced Barrier To Import Competition, Garry P. Mccormack Jan 1980

The Reinstated Steel Trigger Price Mechanism: Reinforced Barrier To Import Competition, Garry P. Mccormack

Fordham International Law Journal

Early in 1978 the Carter Administration implemented a trigger price mechanism (TPM) to aid the distressed United States steel industry. Although the TPM by its terms is a monitoring system, the controversy it has aroused suggests that its actual function extends far beyond mere monitoring of steel imports. Part I of this Comment will examine the TPM in the context of world steel trade to show how the original system actually functioned, and how the new version is likely to operate. Part II will explore the ways in which this import relief program is inconsistent with traditional United States trade …

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Admiralty– The Package Doctrine Of Cogsa § 4(5)– Second Circuit Abandons The "Functional Economics" Test, Lisa Filloramo Jan 1980

Admiralty– The Package Doctrine Of Cogsa § 4(5)– Second Circuit Abandons The "Functional Economics" Test, Lisa Filloramo

Fordham International Law Journal

In Mitsui & Co. v. American Export Lines, Inc., the Court of Appeals for the Second Circuit rejected the "functional economics" test which it had developed in an earlier case as a standard for interpreting section 4(5) of the Carriage of Goods by Sea Act (COGSA). Part One of this Recent Development will discuss the historical development of the problem of carrier liability. Part Two will examine the case law as it has evolved in the Second Circuit since the late 1960's. Part Three will then analyze the Mitsui decision and the impact it has had on the law in …

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Law: The Most Powerful Alternative To War, Theodore C. Sorensen Jan 1980

Law: The Most Powerful Alternative To War, Theodore C. Sorensen

Fordham International Law Journal

The single greatest enemy of law is war. I refer not merely to the history of foreign dictatorships where repression is tightened still further at a time of military conflict. No, I refer also, sad to say, to the painful experience of our own country. Legal tradition gave way to military pressure. But cannot law be employed as the single most powerful alternative to war? That is the supreme challenge to your generation of lawyers, if it is not already too late.

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The Weakening Grip Of United States Cabotage Law, Robert W. Gruendel Jan 1980

The Weakening Grip Of United States Cabotage Law, Robert W. Gruendel

Fordham International Law Journal

Traditionally, the United States has aspired to the operation of its industries in a system of free enterprise. One of the oldest instances of government intervention in shipping - the cabotage law- was designed to preserve for domestic vessels all trade between domestic points. Recently, however, developments in maritime commerce have led United States courts to an examination of cabotage legislation. The result has noticeably limited the scope of United States coast-wise laws. Specifically, questions have arisen over: 1) the eligibility for coastwise trade of vessels which have been reconstructed from parts of two other ships, 2) the application of …

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A New Approach To Bail Release: The Proposed Federal Criminal Code And Bail Reform, Edward M. Kennedy Jan 1980

A New Approach To Bail Release: The Proposed Federal Criminal Code And Bail Reform, Edward M. Kennedy

Fordham Law Review

No abstract provided.

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Section 14 Of The Lanham Act--Ftc Authority To Challenge Generic Trademarks, John M. Fietkiewicz Jan 1980

Section 14 Of The Lanham Act--Ftc Authority To Challenge Generic Trademarks, John M. Fietkiewicz

Fordham Law Review

No abstract provided.

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Misrepresentation And Materiality In Immigration Law--Scouring The Melting Pot, Irene Astrid Steiner Jan 1980

Misrepresentation And Materiality In Immigration Law--Scouring The Melting Pot, Irene Astrid Steiner

Fordham Law Review

No abstract provided.

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A New Direction For Implied Causes Of Action, Catherine M. Costa Jan 1980

A New Direction For Implied Causes Of Action, Catherine M. Costa

Fordham Law Review

No abstract provided.

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Mutual Fund Advisory Fees--Too Much For Too Little?, Angelo G. Savino Jan 1980

Mutual Fund Advisory Fees--Too Much For Too Little?, Angelo G. Savino

Fordham Law Review

No abstract provided.

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Choice Of Forum Provisions And The Intrastate Dilemma: Is Ouster Ousted?, Patrick J. Barrett Jan 1980

Choice Of Forum Provisions And The Intrastate Dilemma: Is Ouster Ousted?, Patrick J. Barrett

Fordham Law Review

No abstract provided.

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United States, Common Market And International Trust: A Comparative Guide, D.G. Gill Jan 1980

United States, Common Market And International Trust: A Comparative Guide, D.G. Gill

Fordham Law Review

No abstract provided.

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Judicial Sentence Bargaining In The Federal Courts, Patricia A. Perrotta Jan 1980

Judicial Sentence Bargaining In The Federal Courts, Patricia A. Perrotta

Fordham Law Review

No abstract provided.

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Speedy Trial Rights In Application, Gregory P.N. Joseph Jan 1980

Speedy Trial Rights In Application, Gregory P.N. Joseph

Fordham Law Review

No abstract provided.

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Liability Insurance For Insidious Disease: Who Picks Up The Tab?, Barbara Wrubel Jan 1980

Liability Insurance For Insidious Disease: Who Picks Up The Tab?, Barbara Wrubel

Fordham Law Review

No abstract provided.

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