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Fordham Law Review

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Articles 1621 - 1650 of 5038

Full-Text Articles in Law

Prosecutors, Ethics, And Expert Witnesses, Paul C. Giannelli, Kevin C. Mcmunigal Jan 2007

Prosecutors, Ethics, And Expert Witnesses, Paul C. Giannelli, Kevin C. Mcmunigal

Fordham Law Review

No abstract provided.


"Remarkable Stratagems And Conspiracies": How Unscrupulous Lawyers And Credulous Judges Created An Exception To The Hearsay Rule, Marianne Wesson Jan 2007

"Remarkable Stratagems And Conspiracies": How Unscrupulous Lawyers And Credulous Judges Created An Exception To The Hearsay Rule, Marianne Wesson

Fordham Law Review

No abstract provided.


Global Citizenship, Kwame Anthony Appiah Jan 2007

Global Citizenship, Kwame Anthony Appiah

Fordham Law Review

No abstract provided.


Is Compulsory Court-Annexed Medical Malpractice Arbitration Constitutional? How The Debate Reflects A Trend Towards Compulsion In Alternative Dispute Resolution, Matthew Parrott Jan 2007

Is Compulsory Court-Annexed Medical Malpractice Arbitration Constitutional? How The Debate Reflects A Trend Towards Compulsion In Alternative Dispute Resolution, Matthew Parrott

Fordham Law Review

No abstract provided.


Executioner Identities: Toward Recognizing A Right To Know Who Is Hiding Beneath The Hood, Ellyde Roko Jan 2007

Executioner Identities: Toward Recognizing A Right To Know Who Is Hiding Beneath The Hood, Ellyde Roko

Fordham Law Review

No abstract provided.


Looking Towards A Higher Law, Mark E. Chopko Jan 2007

Looking Towards A Higher Law, Mark E. Chopko

Fordham Law Review

No abstract provided.


The Secret Life Of Judges, Dennis Jacobs Jan 2007

The Secret Life Of Judges, Dennis Jacobs

Fordham Law Review

No abstract provided.


The Criminalization Of Treating End Of Life Patients With Risky Pain Medication And The Role Of The Extreme Emergency Situation, Gina Castellano Jan 2007

The Criminalization Of Treating End Of Life Patients With Risky Pain Medication And The Role Of The Extreme Emergency Situation, Gina Castellano

Fordham Law Review

This Note examines the legality of physicians treating patients near the end of life with risky pain medication, specifically during an extreme emergency situation. The issues discussed include whether such treatment should be criminalized and, if criminalized, what standard should be used to determine culpability. This Note proposes that physicians should not be shielded from the criminal justice system, but that the standard of double effect intent should be expressly adopted in the adjudication of such cases.


Corporate Salvation Or Damnation? Proposed New Federal Legislation On Selective Waiver, Liesa L. Richter Jan 2007

Corporate Salvation Or Damnation? Proposed New Federal Legislation On Selective Waiver, Liesa L. Richter

Fordham Law Review

Recently, critics have attacked federal law enforcement policies that encourage corporate targets to disclose sensitive information protected by the corporate attorney-client privilege and work-product doctrine, arguing that the policies are coercive, fundamentally unfair, and destined to chill the free flow of information to corporate counsel. The most readily apparent collateral consequence of these policies, however, has been corporations' loss of privilege protection in subsequent litigation. Good corporate citizens that have chosen to cooperate with the government in this manner have been punished with broad findings of waiver and the dissemination of protected information to companies' civil adversaries. To protect companies …


Nonprofit Payments To Insiders And Outsiders: Is The Sky The Limit? , Jill S. Manny Jan 2007

Nonprofit Payments To Insiders And Outsiders: Is The Sky The Limit? , Jill S. Manny

Fordham Law Review

No abstract provided.


Protecting Newly Discovered Antiquities: Thinking Outside The "Fee Simple" Box, Peter T. Wendel Jan 2007

Protecting Newly Discovered Antiquities: Thinking Outside The "Fee Simple" Box, Peter T. Wendel

Fordham Law Review

Newly discovered antiquities are “mixed goods.” They have a physical component (the object itself) and an intangible component (the archeological and historical information associated with the discovery). This dual nature justifies government intervention into the market, not to capture the positive externalities associated with the antiquity, but to minimize the negative externalities associated with the law of finders. When the typical finder excavates an antiquity, its historical and archeological information is severely damaged, if not destroyed. In response to this problem, source countries have enacted state ownership/retention statutes. These laws, however, have their own negative externalities. They create incentives for …


The Perplexing Problem Of Client Perjury, L. Timothy Perrin Jan 2007

The Perplexing Problem Of Client Perjury, L. Timothy Perrin

Fordham Law Review

No abstract provided.


Working Through The Confrontation Clause After Davis V. Washington, Andrew Dylan Jan 2007

Working Through The Confrontation Clause After Davis V. Washington, Andrew Dylan

Fordham Law Review

In Davis v. Washington, the U.S. Supreme Court clarified its newly minted approach to the Sixth Amendment's Confrontation Clause, set out just two years earlier in Crawford v. Washington. While Davis provides some guidance to the lower courts in their attempts to separate “testimonial” from “nontestimonial” statements--the hinge on which confrontation jurisprudence now swings--it falls short of offering a bright-line rule. In fact, Davis may be construed as endorsing not one but three tests for determining whether a statement is testimonial, prompting confusion and inconsistency in the lower courts. This Note attempts to sort through the alternatives in an effort …


The Paradoxical Structure Of Constitutional Litigation, Pamela S. Karlan Jan 2007

The Paradoxical Structure Of Constitutional Litigation, Pamela S. Karlan

Fordham Law Review

No abstract provided.


Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin Jan 2007

Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin

Fordham Law Review

This Article critiques the constitutional underpinnings of the “ministerial exemption,” which grants religious organizations immunity from discrimination suits brought by “ministerial” employees. These employees, who range from parochial schoolteachers to church music directors, cannot assert Title VII race or sex discrimination claims against their religious employers--regardless of whether or not religious belief motivated the discrimination. Lower courts and commentators assert that the right of church autonomy created by the religion clauses requires this result, but the Supreme Court has never blessed (nor rejected) it. This Article argues there is no place for the ministerial exemption under the Supreme Court's current …


Strike Or Dismiss: Interpretation Of The Bapcpa 109(H) Credit Counseling Requirement, Joseph Satorius Jan 2007

Strike Or Dismiss: Interpretation Of The Bapcpa 109(H) Credit Counseling Requirement, Joseph Satorius

Fordham Law Review

No abstract provided.


The Machine Gun Statute: Its Controversial Past And Possible Future, Leslie Wepner Jan 2007

The Machine Gun Statute: Its Controversial Past And Possible Future, Leslie Wepner

Fordham Law Review

No abstract provided.


A Tribute To The Fordham Judiciary: A Century Of Service, Constantine N. Katsoris Jan 2007

A Tribute To The Fordham Judiciary: A Century Of Service, Constantine N. Katsoris

Fordham Law Review

No abstract provided.


New Dimensions Of Citizenship, Editors' Forward Jan 2007

New Dimensions Of Citizenship, Editors' Forward

Fordham Law Review

No abstract provided.


Engagements Across National Borders, Then And Now, Nancy Foner Jan 2007

Engagements Across National Borders, Then And Now, Nancy Foner

Fordham Law Review

No abstract provided.


Birthright Citizenship And The Alien Citizen, Mae M. Ngai Jan 2007

Birthright Citizenship And The Alien Citizen, Mae M. Ngai

Fordham Law Review

No abstract provided.


Against Citizenship As A Predicate For Basic Rights, David D. Cole Jan 2007

Against Citizenship As A Predicate For Basic Rights, David D. Cole

Fordham Law Review

No abstract provided.


Citizenship Undone, Leti Volpp Jan 2007

Citizenship Undone, Leti Volpp

Fordham Law Review

No abstract provided.


Father Charles Whelan: A Career In The Service Of Others, William Michael Treanor Jan 2007

Father Charles Whelan: A Career In The Service Of Others, William Michael Treanor

Fordham Law Review

No abstract provided.


The Fit Dimension, Abner S. Greene Jan 2007

The Fit Dimension, Abner S. Greene

Fordham Law Review

No abstract provided.


Valuing Autonomy, Youngjae Lee Jan 2007

Valuing Autonomy, Youngjae Lee

Fordham Law Review

No abstract provided.


Process Theory, Majoritarianism, And The Original Understanding, William Michael Treanor Jan 2007

Process Theory, Majoritarianism, And The Original Understanding, William Michael Treanor

Fordham Law Review

No abstract provided.


Minimalism, Perfectionism, And Common Law Constitutionalism: Reflections On Sunstein's And Fleming's Efforts To Find The Sweet Spot In Constitutional Theory, Benjamin C. Zipursky Jan 2007

Minimalism, Perfectionism, And Common Law Constitutionalism: Reflections On Sunstein's And Fleming's Efforts To Find The Sweet Spot In Constitutional Theory, Benjamin C. Zipursky

Fordham Law Review

No abstract provided.


The Bright Line Of Rapanos: Analyzing The Plurality's Two-Part Test, Taylor Romigh Jan 2007

The Bright Line Of Rapanos: Analyzing The Plurality's Two-Part Test, Taylor Romigh

Fordham Law Review

No abstract provided.


Managing Electronic Discovery: Views From The Judges, Lee H. Rosenthal, James C. Francis, Daniel J. Capra Jan 2007

Managing Electronic Discovery: Views From The Judges, Lee H. Rosenthal, James C. Francis, Daniel J. Capra

Fordham Law Review

No abstract provided.