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Fordham Law Review

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Articles 1231 - 1260 of 5038

Full-Text Articles in Law

Adding Uncertainty To The Virtual Shopping Cart: Antitrust Regulation Of Internet Minimum Advertised Price Policies, Julie Beth Albert Mar 2012

Adding Uncertainty To The Virtual Shopping Cart: Antitrust Regulation Of Internet Minimum Advertised Price Policies, Julie Beth Albert

Fordham Law Review

No abstract provided.


Section 2 Enforcement And The Great Recession: Why Less (Enforcement) Might Mean More (Gdp), Alan J. Meese Mar 2012

Section 2 Enforcement And The Great Recession: Why Less (Enforcement) Might Mean More (Gdp), Alan J. Meese

Fordham Law Review

No abstract provided.


The Idea Of "Too Much Law", Mila Sohoni Mar 2012

The Idea Of "Too Much Law", Mila Sohoni

Fordham Law Review

No abstract provided.


Standing Of Intervenor-Defendants In Public Law Litigation, Matthew I. Hall Mar 2012

Standing Of Intervenor-Defendants In Public Law Litigation, Matthew I. Hall

Fordham Law Review

No abstract provided.


The Deciders: The Future Of Privacy And Free Speech In The Age Of Facebook And Google, Jeffrey Rosen Mar 2012

The Deciders: The Future Of Privacy And Free Speech In The Age Of Facebook And Google, Jeffrey Rosen

Fordham Law Review

No abstract provided.


Symposium Defense Of Marriage Act: Law, Policy, And The Future Of Marriage: Forword, Joseph Landau Jan 2012

Symposium Defense Of Marriage Act: Law, Policy, And The Future Of Marriage: Forword, Joseph Landau

Fordham Law Review

On March 30, 2012, the Fordham Law Review held a daylong conference on the federal Defense of Marriage Act (DOMA), a statute enacted in 1996 with large majorities in both the House and Senate and signed into law by President Clinton. The Symposium could not have come at a better time: there have been extraordinary changes in the political dynamics surrounding relationship rights since DOMA’s enactment in 1996, when same–sex couples could not marry in any U.S. or foreign jurisdiction. Currently, same–sex couples can legally marry in six U.S. states and the District of Columbia. Nine additional states have broad …


Integrating Equal Marriage, Robin A. Lenhardt Jan 2012

Integrating Equal Marriage, Robin A. Lenhardt

Fordham Law Review

No abstract provided.


Colloquium: Globalization And The Legal Profession: Foreword, Bruce A. Green Jan 2012

Colloquium: Globalization And The Legal Profession: Foreword, Bruce A. Green

Fordham Law Review

No abstract provided.


Adopting Regulatory Objectives For The Legal Profession, Laurel S. Terry, Steve Mark, Tahlia Gordon Jan 2012

Adopting Regulatory Objectives For The Legal Profession, Laurel S. Terry, Steve Mark, Tahlia Gordon

Fordham Law Review

No abstract provided.


Ensuring The Stability Of Presidential Succession In The Modern Era, Fordham University School Of Law's Clinic On Presidential Succession Jan 2012

Ensuring The Stability Of Presidential Succession In The Modern Era, Fordham University School Of Law's Clinic On Presidential Succession

Fordham Law Review

This Report outlines the recommendations of Fordham Law's first Presidential Succession Clinic, whose nine students conducted their work during the 2010-2011 academic year under the guidance of Dean John D. Feerick and Adjunct Professors Dora Galacatos and Nicole A. Gordon. Their recommendations for resolving the gaps and weaknesses in the presidential succession system include: (1) statutes and executive branch actions to account for the absence of procedures for declaring the Vice President unable; (2) removing legislators from the line of succession and resolving ambiguities regarding the line of the succession; and (3) reforms for addressing the death or resignation of …


Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel S. Terry, Steve Mark, Tahlia Gordon Jan 2012

Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel S. Terry, Steve Mark, Tahlia Gordon

Fordham Law Review

No abstract provided.


Swapped Disincentives: Will Clearinghouses Mitigate The Unintended Effects Of The Bankruptcy Code's Swap Exemptions?, Timothy P.W. Sullivan Dec 2011

Swapped Disincentives: Will Clearinghouses Mitigate The Unintended Effects Of The Bankruptcy Code's Swap Exemptions?, Timothy P.W. Sullivan

Fordham Law Review

The Bankruptcy Code contains exemptions for swap agreements that allow creditors to seize collateral, to terminate their contract, and to net obligations once the debtor files for bankruptcy. By privileging this class of creditors, these provisions reduce incentives to monitor counterparty risk, and thus magnified losses experienced during the recent financial crisis. Congress overlooked this role of the Bankruptcy Code in destabilizing the financial system. Instead, its response was to require that all swaps be traded through a clearinghouse. This failure to address one of the contributing factors to the swap market’s collapse should be worrisome, as a clearinghouse’s traditional …


The Age Of Forgotten Innocence: The Dangers Of Applying Analog Restrictions To Innocent Infringement In The Digital Era, Brian Sheridan Dec 2011

The Age Of Forgotten Innocence: The Dangers Of Applying Analog Restrictions To Innocent Infringement In The Digital Era, Brian Sheridan

Fordham Law Review

Recently, two popular topics of discussion within intellectual property law have been the statutory damage regime and the legality of peer-to-peer (P2P) downloading. This Note examines a rarely discussed interplay between these two concepts: the innocent infringement defense. Innocent infringement allows a court to dramatically reduce the minimum statutory damage award for an act of copyright infringement from $750 to $200 per act. Both the Fifth and Seventh Circuits have found that § 402(d) of the Copyright Act eliminates innocent infringement as a matter of law in a P2P download setting.This Note examines those circuits’ reasoning as well as the …


Sisyphus Meets Icarus: The Jurisdictional And Comity Limits Of Post-Satisfaction Anti-Foreign-Suit Injunctions, Anthony C. Piccirillo Dec 2011

Sisyphus Meets Icarus: The Jurisdictional And Comity Limits Of Post-Satisfaction Anti-Foreign-Suit Injunctions, Anthony C. Piccirillo

Fordham Law Review

No abstract provided.


Defending Your Client's Property Rights In Space: A Practical Guide For The Lunar Litigator, Blake Gilson Dec 2011

Defending Your Client's Property Rights In Space: A Practical Guide For The Lunar Litigator, Blake Gilson

Fordham Law Review

No abstract provided.


Party Foul: The Fourth Circuit's Improper Application Of The Commercial Speech Test Ineducational Media Co. At Virginia Tech, Inc. V. Swecker, Michelle Silva Fernandes Dec 2011

Party Foul: The Fourth Circuit's Improper Application Of The Commercial Speech Test Ineducational Media Co. At Virginia Tech, Inc. V. Swecker, Michelle Silva Fernandes

Fordham Law Review

The pervasive culture of underage and excessive drinking on college campuses has led to numerous federal and state regulatory efforts to reduce drinking rates among college students. One such policy has been to restrict alcohol advertisements in college student publications, which implicates the First Amendment by limiting access to lawful commercial speech. Although the Supreme Court has developed a four-part balancing test to determine the validity of commercial speech restrictions, the Court has not articulated the level of proof required for assessing the validity of restrictions on alcohol advertisements in college student publications. This Note focuses on the degree of …


Dead Again: The Latest Demise Of The Confrontation Clause, Michael D. Cicchini Dec 2011

Dead Again: The Latest Demise Of The Confrontation Clause, Michael D. Cicchini

Fordham Law Review

In Crawford v. Washington, the Supreme Court abandoned its Roberts “reliability” approach to the right of confrontation. The Court conceded that the Roberts decision had killed the Confrontation Clause by: (1) impermissibly tying the right of confrontation to the rule against hearsay; (2) inappropriately allowing pretrial determinations of reliability to replace actual cross-examination at trial; (3) relying too heavily on malleable, multi-factor balancing tests; and (4) completely failing to constrain judicial discretion. Since Crawford, however, the Court has decided Davis v. Washington and Michigan v. Bryant. Unfortunately, in the course of deciding those cases the Court has once again killed …


Using Tort Law To Understand The Causation Prong Of Standing, Luke Meier Dec 2011

Using Tort Law To Understand The Causation Prong Of Standing, Luke Meier

Fordham Law Review

Under current Supreme Court case law, a plaintiff does not have Article III standing to sue in federal court unless that plaintiff can demonstrate “causation.” The term “causation” is ubiquitous within the law. Because of the frequency with which the term appears in various legal contexts, however, the conceptual analysis associated with that term can vary. Unfortunately, the Supreme Court has never clearly established the conceptual analysis necessary for making the causation determination within standing law. Consequently, there is confusion on this question. This Article addresses that confusion by relying on causation terms and concepts fully developed within tort law. …


Slicing Through The Great Legal Gordian Knot: Ways To Assist Pro Se Litigants In Their Quest For Justice, Shon R. Hopwood Dec 2011

Slicing Through The Great Legal Gordian Knot: Ways To Assist Pro Se Litigants In Their Quest For Justice, Shon R. Hopwood

Fordham Law Review

No abstract provided.


Foreword: Root Causes Of The Pro Se Prisoner Litigation Crisis, Michael W. Martin Dec 2011

Foreword: Root Causes Of The Pro Se Prisoner Litigation Crisis, Michael W. Martin

Fordham Law Review

No abstract provided.


Origins Of The Social Function Of Property In Chile, M.C. Mirow Dec 2011

Origins Of The Social Function Of Property In Chile, M.C. Mirow

Fordham Law Review

No abstract provided.


The Social Function Of Property In Brazilian Law, Alexandre Dos Santos Cunha Dec 2011

The Social Function Of Property In Brazilian Law, Alexandre Dos Santos Cunha

Fordham Law Review

No abstract provided.


Liberalism And Property In Colombia: Property As A Right And Property As A Social Function, Daniel Bonilla Dec 2011

Liberalism And Property In Colombia: Property As A Right And Property As A Social Function, Daniel Bonilla

Fordham Law Review

No abstract provided.


The Social Function Of Property And The Human Capacity To Flourish, Colin Crawford Dec 2011

The Social Function Of Property And The Human Capacity To Flourish, Colin Crawford

Fordham Law Review

No abstract provided.


Property's Memories, Eduardo M. Peñalver Dec 2011

Property's Memories, Eduardo M. Peñalver

Fordham Law Review

No abstract provided.


Sketches For A Hamiltonian Vernacular As A Social Function Of Property, Nestor M. Davidson Dec 2011

Sketches For A Hamiltonian Vernacular As A Social Function Of Property, Nestor M. Davidson

Fordham Law Review

No abstract provided.


Pluralism And Property, Gregory S. Alexander Dec 2011

Pluralism And Property, Gregory S. Alexander

Fordham Law Review

No abstract provided.


Introduction, Sheila R. Foster, Daniel Bonilla Dec 2011

Introduction, Sheila R. Foster, Daniel Bonilla

Fordham Law Review

No abstract provided.


The Fatca Provisions Of The Hire Act: Boldly Going Where No Withholding Has Gone Before , Melissa A. Dizdarevic Nov 2011

The Fatca Provisions Of The Hire Act: Boldly Going Where No Withholding Has Gone Before , Melissa A. Dizdarevic

Fordham Law Review

In an effort to crack down on offshore tax evasion, the United States is implementing a new set of information reporting and withholding requirements on foreign banks and other foreign entities. These provisions, known as the Foreign Account Tax Compliance Act (FATCA) provisions of the Hiring Incentives to Restore Employment (HIRE) Act, require thirty percent withholding of the entity’s U.S.-source income, unless they disclose specific information regarding their customers’ identities and account balances. While this may be an effective way to force foreign institutions into compliance, it also raises questions about how it will function within existing tax reporting systems, …


Seeking A Clearer Picture: Assessing The Appropriate Regulatory Framework For Broadband Video Distribution , Adam B. Vanwagner Nov 2011

Seeking A Clearer Picture: Assessing The Appropriate Regulatory Framework For Broadband Video Distribution , Adam B. Vanwagner

Fordham Law Review

This Note examines the appropriate regulatory framework for the distribution of commercial video content over broadband networks. As online video providers such as Netflix and Hulu expand, they are beginning to compete directly with the video services of major cable and telecommunications companies. Frequently, these companies also serve as a customer’s Internet service provider, leaving them in the position of carrying these competitive services over their broadband networks. This conflict has led to calls for regulation that would protect nascent online video services from feared anticompetitive actions by the major providers. In April 2010, against the backdrop of this expanding …