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Fordham Law Review

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Articles 1591 - 1620 of 5038

Full-Text Articles in Law

Varieties Of Citizenship, Linda Bosniak Jan 2007

Varieties Of Citizenship, Linda Bosniak

Fordham Law Review

No abstract provided.


Stakeholder Citizenship And Transnational Political Participation: A Normative Evaluation Of External Voting, Rainer Bauböck Jan 2007

Stakeholder Citizenship And Transnational Political Participation: A Normative Evaluation Of External Voting, Rainer Bauböck

Fordham Law Review

No abstract provided.


Flying The Mexican Flag In Los Angeles, Anupam Chander Jan 2007

Flying The Mexican Flag In Los Angeles, Anupam Chander

Fordham Law Review

No abstract provided.


Dimensions Of Citizenship In Contemporary Brazil, Evelina Dagnino Jan 2007

Dimensions Of Citizenship In Contemporary Brazil, Evelina Dagnino

Fordham Law Review

No abstract provided.


E.U. Citizenship And Political Rights In An Evolving European Union, Jo Shaw Jan 2007

E.U. Citizenship And Political Rights In An Evolving European Union, Jo Shaw

Fordham Law Review

No abstract provided.


Beyond Mitigation: Towards A Theory Of Allocution, Kimberly A. Thomas Jan 2007

Beyond Mitigation: Towards A Theory Of Allocution, Kimberly A. Thomas

Fordham Law Review

No abstract provided.


Interpreting Congressional Silence: Cafa's Jurisdictional Burden Of Proof In Post-Removal Remand Proceedings, Jeffrey L. Roether Jan 2007

Interpreting Congressional Silence: Cafa's Jurisdictional Burden Of Proof In Post-Removal Remand Proceedings, Jeffrey L. Roether

Fordham Law Review

No abstract provided.


Charles M. Whelan: A Life In The Service Of Others, John D. Feerick Jan 2007

Charles M. Whelan: A Life In The Service Of Others, John D. Feerick

Fordham Law Review

No abstract provided.


Minimalism Versus Perfectionism In Constitutional Theory, Editors' Forward Jan 2007

Minimalism Versus Perfectionism In Constitutional Theory, Editors' Forward

Fordham Law Review

No abstract provided.


Second-Order Perfectionism, Cass R. Sunstein Jan 2007

Second-Order Perfectionism, Cass R. Sunstein

Fordham Law Review

No abstract provided.


The Incredible Shrinking Constitutional Theory: From The Partial Constitution To The Minimal Constitution, James E. Fleming Jan 2007

The Incredible Shrinking Constitutional Theory: From The Partial Constitution To The Minimal Constitution, James E. Fleming

Fordham Law Review

No abstract provided.


Privacy, Minimalism, And Perfectionism, Charles A. Kelbley Jan 2007

Privacy, Minimalism, And Perfectionism, Charles A. Kelbley

Fordham Law Review

No abstract provided.


Reconciling Strict Liability With Corrective Justice In Contract Law, Curtis Bridgeman Jan 2007

Reconciling Strict Liability With Corrective Justice In Contract Law, Curtis Bridgeman

Fordham Law Review

No abstract provided.


Wrestling With Muds To Pin Down The Truth About Special Districts, Sara C. Galvan Jan 2007

Wrestling With Muds To Pin Down The Truth About Special Districts, Sara C. Galvan

Fordham Law Review

Federal, state, and local governments encourage and empower special districts--board-run, special purpose local government units that are administratively and fiscally independent from general purpose local governments. Special districts receive incentives, grants, and freedom from limitations (such as limitations on tax and debt) imposed on general purpose local governments. Special districts are treated favorably because they are small in size, which theoretically means they foster democratic participation; are limited in purpose, meaning that states can tailor special districts' powers to serve specific problems; and are viewed as efficient solutions to specific problems. Though special districts have tripled in number over the …


Keeping Students Alive: Mandating On-Campus Counseling Saves Suicidal College Students' Lives And Limits Liability, Valerie Kravets Cohen Jan 2007

Keeping Students Alive: Mandating On-Campus Counseling Saves Suicidal College Students' Lives And Limits Liability, Valerie Kravets Cohen

Fordham Law Review

No abstract provided.


Guarding The Government's Coffers: The Need For Competition Requirements To Safeguard Federal Government Procurement, Lani A. Perlman Jan 2007

Guarding The Government's Coffers: The Need For Competition Requirements To Safeguard Federal Government Procurement, Lani A. Perlman

Fordham Law Review

No abstract provided.


Prosecutorial Ethics And The Mcnulty Memo: Should The Government Scrutinize An Organization's Payment Of Its Employees' Attorneys' Fees?, Noah D. Stein Jan 2007

Prosecutorial Ethics And The Mcnulty Memo: Should The Government Scrutinize An Organization's Payment Of Its Employees' Attorneys' Fees?, Noah D. Stein

Fordham Law Review

No abstract provided.


The Meaning Of American Citizenship In A Post-9/11 World, Peter H. Schuck Jan 2007

The Meaning Of American Citizenship In A Post-9/11 World, Peter H. Schuck

Fordham Law Review

No abstract provided.


Condemnation Friendly Or Land Use Wise? A Broad Interpretation Of The Public Use Requirement Works Well For New York City, Nasim Farjad Jan 2007

Condemnation Friendly Or Land Use Wise? A Broad Interpretation Of The Public Use Requirement Works Well For New York City, Nasim Farjad

Fordham Law Review

A broadly interpreted definition of the public use and/or purpose requirement for condemnations has been a part of New York's legal landscape for decades. Although New York's use of eminent domain for economic development projects has been repeatedly criticized, the benefits from such condemnations, such as increased tax revenues, employment opportunities, and overall neighborhood revitalizations, outweigh any arguments put forth for prohibiting economic development takings from constituting a public use.


The State Secrets Privilege And Separation Of Powers, Amanda Frost Jan 2007

The State Secrets Privilege And Separation Of Powers, Amanda Frost

Fordham Law Review

No abstract provided.


Citizenship Talk: Bridging The Gap Between Immigration And Race Perspectives, Jennifer Gordon, Robin A. Lenhardt Jan 2007

Citizenship Talk: Bridging The Gap Between Immigration And Race Perspectives, Jennifer Gordon, Robin A. Lenhardt

Fordham Law Review

No abstract provided.


Displacing Dissent: The Role Of "Place" In First Amendment Jurisprudence, Thomas P. Crocker Jan 2007

Displacing Dissent: The Role Of "Place" In First Amendment Jurisprudence, Thomas P. Crocker

Fordham Law Review

No abstract provided.


There's No Places Like Home: Why The Harm Standard In Grandparent Visitation Disputes Is In The Child's Best Interests, Lauren F. Cowan Jan 2007

There's No Places Like Home: Why The Harm Standard In Grandparent Visitation Disputes Is In The Child's Best Interests, Lauren F. Cowan

Fordham Law Review

No abstract provided.


The Lethal Injection Quandary: How Medicine Has Dismantled The Death Penalty, Deborah W. Denno Jan 2007

The Lethal Injection Quandary: How Medicine Has Dismantled The Death Penalty, Deborah W. Denno

Fordham Law Review

On February 20, 2006, Michael Morales was hours away from execution in California when two anesthesiologists declined to participate in his lethal injection procedure, thereby halting all state executions. The events brought to the surface the long-running schism between law and medicine, raising the question of whether any beneficial connection between the professions ever existed in the execution context. History shows it seldom did. Decades of botched executions prove it. This Article examines how states ended up with such constitutionally vulnerable lethal injection procedures, suggesting that physician participation in executions, though looked upon with disdain, is more prevalent--and perhaps more …


The Board Of Nonprofit Organizations: Puzzling Through The Gaps Between Law And Practice, Evelyn Brody Jan 2007

The Board Of Nonprofit Organizations: Puzzling Through The Gaps Between Law And Practice, Evelyn Brody

Fordham Law Review

No abstract provided.


Fighting Discrimination While Fighting Litigation: A Tale Of Two Supreme Courts, Scott A. Moss Jan 2007

Fighting Discrimination While Fighting Litigation: A Tale Of Two Supreme Courts, Scott A. Moss

Fordham Law Review

The U.S. Supreme Court has issued an odd mix of pro-plaintiff and pro-defendant employment law rulings. It has disallowed harassment lawsuits against employers even with failed antiharassment efforts, construed statutes of limitations narrowly to bar suits about ongoing promotion and pay discrimination, and denied protection to public employee internal complaints. Yet the same Court has issued significant unanimous rulings easing discrimination plaintiffs' burdens of proof. This jurisprudence is often miscast in simple pro-plaintiff or pro-defendant terms. The Court's duality traces to its inconsistent and unaware adoption of competing policy arguments: Policy 1: Employees must try internal dispute resolution before suing--or …


Which Cases Are "Such Cases": Interpreting And Applying Section 12 Of The Clayton Act, Adam B. Perry Jan 2007

Which Cases Are "Such Cases": Interpreting And Applying Section 12 Of The Clayton Act, Adam B. Perry

Fordham Law Review

This Note examines an issue currently dividing the nation's circuit courts of appeal. The issue presented is how courts should interpret and apply Section 12 of the Clayton Act, the long-arm and venue statute for private antitrust actions brought against corporate defendants. Section 12's poor construction has resulted in courts applying section 12 differently to similar sets of facts. This Note thoroughly discusses section 12 as it relates to antitrust law generally and the procedural elements of bringing a private antitrust action in federal court, examines the existing section 12 case law that illustrates the conflict and the arguments on …


Rebuilding The Safety Mechanism: Does 18 U.S.C. § 3553(E) Violate The Separation Of Powers, Michael Buescher Jan 2007

Rebuilding The Safety Mechanism: Does 18 U.S.C. § 3553(E) Violate The Separation Of Powers, Michael Buescher

Fordham Law Review

This Note examines the government motion requirement of 18 U.S.C. § 3553(e) and section 5K1.1 of the Federal Sentencing Guidelines from a separation of powers perspective. The issues discussed include whether requiring authorization from the prosecutor before a sentencing judge can consider a defendant's cooperation when determining whether to grant a downward departure below a mandatory minimum sentence violates separation of powers. Building on the concerns of past commentators and recognizing that the Federal Sentencing Guidelines are likely here to stay, this Note proposes that, in order to protect the perception of integrity in the criminal justice system, Congress should …


Ethical Firewalls, Limited Admissibility, And Rule 703, Daniel D. Blinka Jan 2007

Ethical Firewalls, Limited Admissibility, And Rule 703, Daniel D. Blinka

Fordham Law Review

No abstract provided.


Federal Evidence Rule 608(B): Gateway To The Minefield Of Witness Preparation, Gerald L. Shargel Jan 2007

Federal Evidence Rule 608(B): Gateway To The Minefield Of Witness Preparation, Gerald L. Shargel

Fordham Law Review

No abstract provided.