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Articles 11401 - 11430 of 13354
Full-Text Articles in Law
Liability Insurance For Insidious Disease: Who Picks Up The Tab?, Barbara Wrubel
Liability Insurance For Insidious Disease: Who Picks Up The Tab?, Barbara Wrubel
Fordham Law Review
No abstract provided.
The Newsperson's Privilege And The Right To Compulsory Process--Establishing An Equilibrium, Annett Swierzbinski
The Newsperson's Privilege And The Right To Compulsory Process--Establishing An Equilibrium, Annett Swierzbinski
Fordham Law Review
No abstract provided.
The Liability Of Pharmaceutical Manufacturers For Unforeseen Adverse Drug Reactions, Kathleen H. Wilson
The Liability Of Pharmaceutical Manufacturers For Unforeseen Adverse Drug Reactions, Kathleen H. Wilson
Fordham Law Review
No abstract provided.
Torts In Sports--Deterring Violence In Professional Athletics, Stephen J. Gulotta, Jr.
Torts In Sports--Deterring Violence In Professional Athletics, Stephen J. Gulotta, Jr.
Fordham Law Review
No abstract provided.
Scapegoat Picketing: Beyond The Pale Of Constitutional Protection, Robert J. Mongeluzzi
Scapegoat Picketing: Beyond The Pale Of Constitutional Protection, Robert J. Mongeluzzi
Fordham Law Review
No abstract provided.
Financing The Small Credit Risk Corporation Under Section 302(B)(1): A Rejection Of The Meaningful Reduction Test, Steven C. Joszef
Financing The Small Credit Risk Corporation Under Section 302(B)(1): A Rejection Of The Meaningful Reduction Test, Steven C. Joszef
Fordham Law Review
No abstract provided.
Retaliatory Eviction Protection In New York--Unraveling Section 223-B, Douglas Lowe
Retaliatory Eviction Protection In New York--Unraveling Section 223-B, Douglas Lowe
Fordham Law Review
No abstract provided.
New York Proposed Code Of Evidence: Article V, The Symposium: The New York Proposed Code Of Evidence, Michael M. Martin
New York Proposed Code Of Evidence: Article V, The Symposium: The New York Proposed Code Of Evidence, Michael M. Martin
Faculty Scholarship
Article V of the New York Proposed Code of Evidence sets forth the rules of evidentiary privilege. Unlike other articles of the Proposed Code, it differs significantly from its federal counterpart. Article V of the Federal Rules of Evidence consists of only rule 501, which provides that, unless otherwise required by the constitution or federal statute, privileges in federal courts are governed by "the principles of the common law as they may be interpreted... in the light of reason and experience." Rule 501 further provides, however, that questions of privilege in civil cases as to which state law supplies the …
Double Jeopardy Of Corporate Profits, The , Constantine N. Katsoris
Double Jeopardy Of Corporate Profits, The , Constantine N. Katsoris
Faculty Scholarship
The more one reads about our economy, the more one is baffled and alarmed. Permanent solutions to economic problems are elusive. Treating one financial malaise often aggravates another sector of the economy, necessitating a delicate balancing of conflicting interests. Furthermore, the problems are complicated by the constant influence of foreign forces. Nevertheless, most economists agree that any solution will require enormous funding. Unfortunately, the public has little, if any, confidence in our tax system. Indeed, some tax laws and proposals have been referred to as "obscene" and a "disgrace to the human race." Few quarrel with the aptness of such …
Termination Of Treaties As A Political Question: The Role Of Congress After Goldwater V. Carter, Howard Konar
Termination Of Treaties As A Political Question: The Role Of Congress After Goldwater V. Carter, Howard Konar
Fordham International Law Journal
The purpose of this Comment is to illustrate a theory of political question jurisprudence which would have allowed the courts to rule that the issue of treaty termination presents a political question without creating unnecessary precedents for the expansion of executive power. Part I will briefly review four leading theories of the political question doctrine, focusing on the difference between exemption of a constitutional issue from judicial review and denial of relief within the context of judicial review. Based on this analysis, Part II will examine the plurality's approach in Goldwater, and explore two alternative approaches for categorizing the issue …
Compensation For "Victims" Of Diplomatic Immunity In The United States: A Claims Fund Proposal, R. Scott Garley
Compensation For "Victims" Of Diplomatic Immunity In The United States: A Claims Fund Proposal, R. Scott Garley
Fordham International Law Journal
This Note will briefly trace the development of diplomatic immunity law in the United States, including the changes adopted by the Vienna Convention, leading to the passage of the DRA in 1978. The discussion will then focus upon the DRA and point out a few of the areas in which the statute may fail to provide adequate protection for the rights of private citizens in the United States. As a means of curing the inadequacies of the present DRA, the feasibility of a claims fund designed to compensate the victims of the tortious and criminal acts of foreign diplomats in …
Letters Of Credit: Exploring The Boundaries Of Injunctions Against Honor, Stephen P. Mclaughlin
Letters Of Credit: Exploring The Boundaries Of Injunctions Against Honor, Stephen P. Mclaughlin
Fordham International Law Journal
Courts have been struggling to determine the proper grounds for the issuance of an "injunction against honor. The purpose of this Note is to analyze exactly which circumstances warrant an injunction against honor. Part I will discuss the origin and development of the relevant law in this area. Part II will analyze those situations in which courts have had to consider issuing injunctions due to active fraud in the underlying transaction. Part III will explore the issue of prospective fraud as a ground for enjoining honor which was raised in the recent Iranian letter of credit litigation.
United States Nuclear Export Controls , Katherine D. Mcmanus, Harry R. Marshall, Jr.
United States Nuclear Export Controls , Katherine D. Mcmanus, Harry R. Marshall, Jr.
Fordham International Law Journal
This article will explore the U.S. nuclear export controls regime. It will initially discuss controls affecting the export of nuclear material, facilities, and specially designed components of nuclear facilities. This section will specifically consider export licensing procedures and requirements, agreements for nuclear cooperation, the specific export criteria for major nuclear cooperation, as well as the necessary policy determination. Then the Article will discuss the procedures and requirements for obtaining a license to export dual-use equipment, the authorization necessary for the export of nuclear technology and the subsequent arrangement process, which further aids in the implementation of U.S. non-proliferation policies.
Income Taxation– Disposition Of Investment In United States Real Property– Enactment Of I.R.C. § 897, John D. Lyons
Income Taxation– Disposition Of Investment In United States Real Property– Enactment Of I.R.C. § 897, John D. Lyons
Fordham International Law Journal
The purpose of this Recent Development is to explain the effects of section 897 in terms of the problems it was designed to remedy. Part I will explore the methods that were used in the past by non-resident aliens and foreign corporations to avoid the payment of capital gains tax on the disposition of real property held in the United States. Part II will examine the newly implemented section 897 to determine how it will be applied and whether it is likely to achieve the goal of equal tax treatment for domestic and foreign investors on the disposition of United …
Impact Of A Youth Service Center, Deborah W. Denno
Impact Of A Youth Service Center, Deborah W. Denno
Faculty Scholarship
This study evaluates the impact of a Youth Service Center (YSC) in South Philadelphia, using methods which consider both the Center's goals and relevant developments within its target area. The YSC is a delinquency-prevention program housed in the South Philadelphia Community Center (SPCC), a general recreation facility which evolved from the Philadelphia Boys' Club in 1974. The YSC program was added in June 1975 to "prevent and limit youth from becoming involved in the Juvenile Justice System, police courts, and institutions". Program referrals comprise area youths between the ages of 10 and 18 who have been arrested and are in …
Trigger Price Mechanism: Protecting Competition Or Competitors, The , Jacqueline Nolan-Haley
Trigger Price Mechanism: Protecting Competition Or Competitors, The , Jacqueline Nolan-Haley
Faculty Scholarship
The International Trade Commission asserted that for most of 1978 and probably for the indefinite future, the TPM was "the greatest single factor influencing the conditions of competition" in the U.S. steel industry. The precise contours of this influence are uncertain. While it is premature to assess adequately the economic impact of the TPM, it is possible to make some observations vis-a-vis our national antitrust policy goals. The TPM, like the steel VRA's of 1972, has had no discernable impact on increasing efficiency through expansion, modernization or development of domestic steel-making technology. The TPM, however, does have an impact on …
A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green
A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green
Faculty Scholarship
The sixth amendment provides that in all criminal prosecutions the accused shall enjoy the right "to have the Assistance of Counsel for his defence." The Supreme Court has construed this clause to guarantee to criminal defendants the "effective" assistance of counsel performing within a minimum standard of competency. Prevalent lower court interpretations of the right. to effective assistance require a showing that counsel's inadequate performance caused actual prejudice to the defendant's interest in obtaining an acquittal. Because most defendants are unable to demonstrate the actual impact upon the outcome of their trial of an attorney's departure from normal competency, courts …
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
.Fordham Moot Court Team Wins National Championship; McCluskey Awarded Runner-Up Best Speaker; Team Also Wins Best Team Oral Argument And Second Best Brief
John F. Sonnett Memorial Lecture Series: Cruel And Unusual Punishment: The Proportionality Rule, William Hughes Mulligan
John F. Sonnett Memorial Lecture Series: Cruel And Unusual Punishment: The Proportionality Rule, William Hughes Mulligan
Lectures
Lecture by Judge William Hughes Mulligan of United States Court of Appeals for the Second Circuit (1971-1981) and Dean of Fordham University School of Law (1956-1971) regarding the relationship between the judiciary and the legislature in the application of the Eighth Amendment. Document includes a speaker introduction and handwritten notes.
Administration Of Amateur Athletics: The Time For An Amateur Athlete's Bill Of Rights Has Arrived, Donald L. Shuck, Jr.
Administration Of Amateur Athletics: The Time For An Amateur Athlete's Bill Of Rights Has Arrived, Donald L. Shuck, Jr.
Fordham Law Review
No abstract provided.
Reverse Foia Suits After Chrysler: A New Direction, Stephen F. Hehl
Reverse Foia Suits After Chrysler: A New Direction, Stephen F. Hehl
Fordham Law Review
No abstract provided.
The Child-Parent Privilege: A Proposal, Susan Levine
The Child-Parent Privilege: A Proposal, Susan Levine
Fordham Law Review
No abstract provided.
U.C.C. Section 3-405: Of Imposters, Fictitious Payees, And Padded Payrolls, Vilia Hayes
U.C.C. Section 3-405: Of Imposters, Fictitious Payees, And Padded Payrolls, Vilia Hayes
Fordham Law Review
No abstract provided.
The New Uniform Limited Partnership Act: A Critique, Robert A. Kessler
The New Uniform Limited Partnership Act: A Critique, Robert A. Kessler
Fordham Law Review
No abstract provided.
The Impact Of The New Bankruptcy Code On The "Bankruptcy Out" In Legal Opinions, Robert J. Harter, Jr., Kenneth N. Klee
The Impact Of The New Bankruptcy Code On The "Bankruptcy Out" In Legal Opinions, Robert J. Harter, Jr., Kenneth N. Klee
Fordham Law Review
No abstract provided.
Warrantless Arrests In Homes: Another Crisis For The Fourth Amendment , Darren O'Connor
Warrantless Arrests In Homes: Another Crisis For The Fourth Amendment , Darren O'Connor
Fordham Urban Law Journal
This comment addresses the distinction between a forcible entry for an arrest and one for a search. In doing so, the comment looks to the fourth amendment's bifurcated standard for searches and those for arrests. Balancing governmental interests with the privacy rights of individuals, the comment relays that a warrantless entry into the home for an arrest shall only be acceptable given certain exigent circumstances.
Constitutional Law- Due Process-Denial Of Inspection Of Personal Institutional File Does Not Violate A Parole Applicant's Right Of Due Process In The Second Circuit, Rabun Huff Bistline
Constitutional Law- Due Process-Denial Of Inspection Of Personal Institutional File Does Not Violate A Parole Applicant's Right Of Due Process In The Second Circuit, Rabun Huff Bistline
Fordham Urban Law Journal
Case note regarding the due process rights for parole applicants. In Williams v. Ward, the second circuit reversed the lower court and acknowledged that at the very least, some due process rights are guaranteed but that the disclosure of the parole file is not constitutionally guaranteed.
Solar Rights And Restrictive Covenants: A Microeconomic Analysis , Arto Becker
Solar Rights And Restrictive Covenants: A Microeconomic Analysis , Arto Becker
Fordham Urban Law Journal
This comment addresses the enforceability of restrictive covenants in relation to solar energy rights. Articulating the framework for development of solar energy, this comment works through an economic model formulated by Professors Ellickson, Coase, Calabresi, and Malemed. Looking for an efficient allocation of resources, this comment proposes a modernization of common law property principles to ensure the proper growth of solar energy.
Emergency Tenant Protection In New York: Ten Years Of Rent Stabilization, Diane Ungar
Emergency Tenant Protection In New York: Ten Years Of Rent Stabilization, Diane Ungar
Fordham Urban Law Journal
New York City's rent stabilization system was designed as an alternative to the rent control system. Rent stabilization looked to the owners for supervision as a way to benefit not only the system but tenants through an informed and experienced administration. Unfortunately, the system has had its fair share of shortcomings as rules have become technical, complex, and ill equipped to address the concerns of tenants. This comment examines the stabilization system's history and its current status. Though the current system has flaws, the flaws can be fixed and must be to protect NYC tenants and owners.
Immigration Law- Exclusionary Rule- If The Exclusionary Rule Question Is Reached, The Civil Nature Of A Deportation Proceeding May Preclude Its Application, Diane M. Peress
Fordham Urban Law Journal
This Case Note addresses questions concerning the exclusionary rule in deportation proceedings. Examining the Ninth Circuit's analysis in Cuevas- Ortega v. Immigration and Naturalization Service, this case note admits that though the exclusionary rule is a judicially created remedy it may still be required in deportation proceedings.