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Articles 1561 - 1590 of 5038
Full-Text Articles in Law
Lower Courts And Constitutional Comparativism, Roger P. Alford
Lower Courts And Constitutional Comparativism, Roger P. Alford
Fordham Law Review
No abstract provided.
Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel
Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel
Fordham Law Review
No abstract provided.
The Corporate Governance And Public Policy Implications Of Activist Distressed Debt Investing, Michelle M. Harner
The Corporate Governance And Public Policy Implications Of Activist Distressed Debt Investing, Michelle M. Harner
Fordham Law Review
Activist institutional investors traditionally have invested in a company's equity to try to influence change at the company. Some of these investors, however, are now purchasing a company's debt for this same purpose. They may seek to change a company's management and board personnel, operational strategies, asset holding, or capital structure. The Chapter 11 bankruptcy cases of Allied Holdings, Inc. and its affiliates exemplify the stategies of activist distressed debt investors. In the Allied cases, Yucaipa Companies, a distressed debt investor, puchased approximately 66% of Allied's outstanding general unsecured bond debt. Yucaipa used this debt position to exert significant influence …
Givings And The Next Copyright Deferment, Lindsay Warren Bowen, Jr.
Givings And The Next Copyright Deferment, Lindsay Warren Bowen, Jr.
Fordham Law Review
In 1998, Congress granted a twenty-year deferment to expiring copyrights with the Copyright Term Extension Act (CTEA). Ten years later, debate over the Act's wisdom continues unabated. Major camps in the debate view the CTEA variously as a constitutional prerogative, an economic imperative, and a war on cultural freedom. This Note sidesteps this underlying debate, and, borrowing the property law concept of "givings," examines the result of charging for future copyright deferments. Under this analysis, a givings-based solution would force unproductive copyrights into the public domain faster and more effectively than current approaches, while protecting the most important assets of …
The New Antifraud Rule: Is Sec Enforcement The Most Effective Way To Protect Investors From Hedge Fund Fraud?, Kathleen E. Lange
The New Antifraud Rule: Is Sec Enforcement The Most Effective Way To Protect Investors From Hedge Fund Fraud?, Kathleen E. Lange
Fordham Law Review
Hedge Funds have consistently grown in both size and influence. Traditionally, hedge funds escaped regulation because access was limited to the wealthy and sophisticated. However, due to inflation, the wealth threshold has become more attainable to less sophisticated investors. Also, an increasing number of pension funds and other institutional investors have begun to invest a significant portion of their money in hedge funds. This increased growth, combined with the "retailization" of the industry, has led to concern over whether investors are adequately protected from the corresponding growth in hedge fund fraud. This Note argues that, absent new legislation, the SEC …
Assessing Fourth Amendment Challenges To Dna Extraction Statutes After Samson V. California, Charles J. Nerko
Assessing Fourth Amendment Challenges To Dna Extraction Statutes After Samson V. California, Charles J. Nerko
Fordham Law Review
DNA plays an indespensable role in modern law enforcement, and courts uniformly find that DNA extraction statutes targeting criminals satisfy the Fourth Amendment. Courts differ on which Fourth Amendment test--totality of the circumstances or special needs--ought to be employed in this context. This Note concludes the courts should apply Samson v. California's less stringent totality of the circumstances test to analyze DNA extraction statutes in order to maintain the integrity of the special needs test.
Intentional Sex Torts, Deana Pollard Sacks
Intentional Sex Torts, Deana Pollard Sacks
Fordham Law Review
Intentional tort law generally protects personal autonomy and self-determination vigorously by requiring fair disclosure before consent to physical contact is considered voluntary and valid. A glaring exception exists regarding consent to sexual relations. Although American law historically has provided remedies for fraudulent or other tortious inducement of sexual relations, current sex tort jurisprudence offers virtually no protection. The law’s contemporary “caveat emptor” approach to cases of sexual autonomy infringement is inappropriate because it departs from fundamental principles of intentional tort doctrine. In addition, the current law supports a “false” norm that sexual misappropriation is acceptable. Current law fails to protect …
Sentencing Luxury: The Valuation Debate In Sentencing Traffickers Of Counterfeit Luxury Goods, Jana Nicole Checa Chong
Sentencing Luxury: The Valuation Debate In Sentencing Traffickers Of Counterfeit Luxury Goods, Jana Nicole Checa Chong
Fordham Law Review
This Note examines the contentious debate that exists regarding the property valuation used by the U.S. Sentencing Guidelines with regard to counterfeiting. Currently, the Sentencing Guidelines employ “street value.” However, many scholars and organizations argue that the alternative use of “retail value” will best assess the harm to the intellectual property owner as well as combat the growing problem of counterfeiting. This Note suggests that amending the Sentencing Guidelines, in order to allow for application of “retail value,” will best combat a growing national and international problem posed by the counterfeit luxury goods market.
Proper Assertion Of The Deliberative Process Privilege: The Agency Head Requirement, Shilpa Narayan
Proper Assertion Of The Deliberative Process Privilege: The Agency Head Requirement, Shilpa Narayan
Fordham Law Review
Can any employee of an executive agency assert the deliberative process privilege in order to withhold information in response to a valid request? This Note examines the agency head requirement for assertion of the deliberative process privilege and concludes that only executive officials possessing policy-making authority may invoke the privilege. Such privilege determinations must come from a policy-making official in order to curb abuse and maintain the integrity of executive decisions. Recognition of such a policy-making distinction with regard to the agency head requirement will serve both the Executive’s and the public’s interest in ensuring effective governance.
Clarifying The Curative Admissibility Doctrine: Using The Principles Of Forfeiture And Deterrence To Shape The Relief For An Opponent's Evidentiary Misconduct, Edward J. Imwinkelried
Clarifying The Curative Admissibility Doctrine: Using The Principles Of Forfeiture And Deterrence To Shape The Relief For An Opponent's Evidentiary Misconduct, Edward J. Imwinkelried
Fordham Law Review
No abstract provided.
Special Issues Raised By Rape Trial, Aviva Orenstein
Special Issues Raised By Rape Trial, Aviva Orenstein
Fordham Law Review
No abstract provided.
The Emotional Juror., Todd E. Pettys
Expert Witness Ethics, Joseph Sanders
Evidence And Ethics: Litigating In The Shadows Of The Rules, Joseph A. Colquitt
Evidence And Ethics: Litigating In The Shadows Of The Rules, Joseph A. Colquitt
Fordham Law Review
No abstract provided.
Stone V. Ritter And The Expanding Duty Of Loyalty, Claire A. Hill, Brett H. Mcdonnell
Stone V. Ritter And The Expanding Duty Of Loyalty, Claire A. Hill, Brett H. Mcdonnell
Fordham Law Review
Stone v. Ritter is the first post-Disney Delaware Supreme Court case articulating the doctrine of good faith. Taking Stone v. Ritter as a point of departure, we propose a way of understanding how good faith fits within the broader context of Delaware fiduciary duty cases. We see potential cases as arrayed along a continuum from traditional care cases to traditional loyalty cases. In between are cases where director or officer objectivity is impaired, but less so than in traditional loyalty cases. The emerging law of good faith helps courts deal with such cases. Particular clusters of cases develop detailed guidance …
Women's Place: Urban Planning, Housing Design, And Work-Family Balance, Katharine B. Silbaugh
Women's Place: Urban Planning, Housing Design, And Work-Family Balance, Katharine B. Silbaugh
Fordham Law Review
In the past decade a substantial literature has emerged analyzing the role of work-family conflict in hampering women's economic, social, and civil equality. Many of the issues we routinely discuss as work-family balance problems have distinct spatial dimensions. “Place” is by no means the main factor in work-family balance difficulties, but amongst work-family policy makers it is perhaps the least appreciated. This Article examines the role of urban planning and housing design in frustrating the effective balance of work and family responsibilities. Nothing in the literature on work-family balance reform addresses this aspect of the problem. That literature focuses instead …
When Is Fiction Just Fiction? Applying Heightened Threshold Tests To Defamation In Fiction, Mark Arnot
When Is Fiction Just Fiction? Applying Heightened Threshold Tests To Defamation In Fiction, Mark Arnot
Fordham Law Review
Whenever a work of fiction can be reasonably read as stating actual facts about a real person, courts allow juries to decide whether the work actually conveys a defamatory meaning. As a result, current defamation law essentially forces fiction authors to write about unidentifiable people or unbelievable events. This Note examines the jurisprudence surrounding defamation in fiction and, for comparison, defamation by implication. After surveying policy arguments, the Note concludes that current defamation law is inconsistent, inefficient, and burdensome as applied to fiction. Finally, the Note suggests that courts apply a heightened threshold test to defamation in fiction claims, similar …
The Search For Greater Accountability Of Nonprofit Organizations: Recent Legal Developments And Proposals For Change, Marion R. Fremont-Smith
The Search For Greater Accountability Of Nonprofit Organizations: Recent Legal Developments And Proposals For Change, Marion R. Fremont-Smith
Fordham Law Review
No abstract provided.
Entrepreneurialism In Nonprofits, Reynold Levy, Glenn Lowry, Robin Pogrebin
Entrepreneurialism In Nonprofits, Reynold Levy, Glenn Lowry, Robin Pogrebin
Fordham Law Review
No abstract provided.
Resisting The Corporatization Of Nonprofit Governance: Transforming Obedience Into Fidelity., Linda Sugin
Resisting The Corporatization Of Nonprofit Governance: Transforming Obedience Into Fidelity., Linda Sugin
Fordham Law Review
No abstract provided.
"Redeveloping" Corporate Governance Structures: Non-For-Profit Governance During Major Capital Projects, A Case Study At Lincoln Center For The Performing Arts, Lesley Friedman Rosenthal
"Redeveloping" Corporate Governance Structures: Non-For-Profit Governance During Major Capital Projects, A Case Study At Lincoln Center For The Performing Arts, Lesley Friedman Rosenthal
Fordham Law Review
No abstract provided.
Myth And Reality Of University Trusteeship In The Post-Enron Era, José A. Cabranes
Myth And Reality Of University Trusteeship In The Post-Enron Era, José A. Cabranes
Fordham Law Review
No abstract provided.
Aids, Employment, And The Direct Threat Defense: The Burden Of Proof And The Circuit Court Split, Sarah R. Christie
Aids, Employment, And The Direct Threat Defense: The Burden Of Proof And The Circuit Court Split, Sarah R. Christie
Fordham Law Review
This Note examines disability-related discrimination in light of the protections afforded by the Americans with Disabilities Act (ADA) and in the context of an HIV- or AIDS-infected employee. Under the ADA, an employer may legally fire a worker who poses a direct threat to the individuals around him or her. It is unclear, however, whether the burden of proving or disproving the claim that an individual is a direct threat lies with the employer or the employee. This Note analyzes the circuit split over which party bears the burden of proof under the direct threat standard in light of prospective …
Tracking Terrorist Financing Through Swift: When U.S. Subpoenas And Foreign Privacy Law Collide, Patrick M. Connorton
Tracking Terrorist Financing Through Swift: When U.S. Subpoenas And Foreign Privacy Law Collide, Patrick M. Connorton
Fordham Law Review
This Note examines the jurisprudence surrounding production orders that require the ordered party to violate foreign law, using the Terrorist Finance Tracking Program--better known as the SWIFT Program--as a case study. This Note recommends that courts excuse or punish noncompliance with such production orders based solely on the good or bad faith acts of the ordered party. Although this approach will clarify the law in this area, in certain circumstances it may make it more difficult for the United States to obtain information abroad. Consequently, this Note urges the United States to pursue formal and informal information-sharing agreements with its …
To Attach Or Not To Attach: The Continued Confusion Regarding Search Warrants And The Incorporation Of Supporting Documents, Michael Longyear
To Attach Or Not To Attach: The Continued Confusion Regarding Search Warrants And The Incorporation Of Supporting Documents, Michael Longyear
Fordham Law Review
The Fourth Amendment mandates that a search warrant particularly describe what is to be searched or seized. Courts have allowed officers to use supporting documentation, such as affidavits and other attachments, to define, but not expand, the limits of a search. However, the use of these supporting documents creates a problem when the document is referenced in the warrant but is not physically attached to the warrant. This Note argues that the protection of the Fourth Amendment is not the warrant itself, but the guarantee that a warrant, fully detailing the search to be undertaken, has been approved by a …
Is The Death Of The Death Penalty Near? The Impact Of Atkins And Roper On The Future Of Capital Punishment For Mentally Ill Defendants, Helen Shin
Fordham Law Review
In recent years, the U.S. Supreme Court has created two categorical exemptions to the death penalty. In Atkins v. Virginia, the Court exempted mentally retarded offenders. Three years later, in Roper v. Simmons, the Court extended the protection to juveniles. Based on these cases, the practices of foreign countries, and the opinions of professional organizations with relevant expertise, legal scholars speculate that the Court may, in the future, categorically exclude severely mentally ill offenders from the death penalty. This Note examines the feasibility of such an exemption for the mentally ill and considers its possible repercussions.
Turning A Blind Eye: Wall Street Finance Of Predatory Lending, Kathleen C. Engel, Patricia A. Mccoy
Turning A Blind Eye: Wall Street Finance Of Predatory Lending, Kathleen C. Engel, Patricia A. Mccoy
Fordham Law Review
No abstract provided.
Pto Rulemaking In The Twenty-First Century: Defining The Line Between Strategic Planning And Abuse Of Authority, Brian E. Mack
Pto Rulemaking In The Twenty-First Century: Defining The Line Between Strategic Planning And Abuse Of Authority, Brian E. Mack
Fordham Law Review
No abstract provided.
Singled Out: A Proposal To Extend Asylum To The Unmarried Partners Of Chinese Nationals Fleeing The One-Child Policy, Raina Nortick
Singled Out: A Proposal To Extend Asylum To The Unmarried Partners Of Chinese Nationals Fleeing The One-Child Policy, Raina Nortick
Fordham Law Review
No abstract provided.
Dying To Get Away With It: How The Abatement Doctrine Thwarts Justice--And What Should Be Done Instead, Timothy A. Razel
Dying To Get Away With It: How The Abatement Doctrine Thwarts Justice--And What Should Be Done Instead, Timothy A. Razel
Fordham Law Review
No abstract provided.