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Fordham Law Review

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Full-Text Articles in Law

Preliminary Injunctions: In Defense Of The Merits, John Leubsdorf Jan 2007

Preliminary Injunctions: In Defense Of The Merits, John Leubsdorf

Fordham Law Review

A recent article by Richard Brooks and Warren Schwartz contends that the goal of preliminary injunctions should be to promote efficient conduct during a lawsuit. It would do this by granting injunctions to all plaintiffs who post a bond covering the defendant's damages provided that the plaintiff has some claim on the merits. This reply defends the more traditional approach theorized in a past article by this author and in an opinion of Judge Richard Posner. Under that approach, courts should continue to consider the merits of the plaintiff's claim and the irreparable injury to the parties' rights that an …


Operation "Drive Out The Trash": The Case For Imposing Targeted United Nations Sanctions Against Zimbabwean Officials, Katherine Hughes Jan 2007

Operation "Drive Out The Trash": The Case For Imposing Targeted United Nations Sanctions Against Zimbabwean Officials, Katherine Hughes

Fordham Law Review

In May 2005, representatives of President Robert Mugabe's government initiated a slum-clearance campaign entitled Operation Murambatsvina, which displaced nearly one million Zimbabweans. Using Operation Murambatsvina as a case study, this Note examines how the United Nations (U.N.) should respond to governments that violate the human rights of those living within their borders. Exploring arguments for and against the various responses available to the U.N., this Note argues that targeted sanctions are the most appropriate response to the abuses perpetrated by the Mugabe regime and offers suggestions for crafting a “smart” sanctions program.


Circuit Split Or A Matter Of Semantics? The Supreme Court's Upcoming Decision On Rule 10b-5 "Scheme Liability" And Its Implications For Tax Shelter Fraud Litigation, Mark S. Pincus Jan 2007

Circuit Split Or A Matter Of Semantics? The Supreme Court's Upcoming Decision On Rule 10b-5 "Scheme Liability" And Its Implications For Tax Shelter Fraud Litigation, Mark S. Pincus

Fordham Law Review

After Internal Revenue Service investigations exposed widespread fraud among tax shelter promoters, angry investors sued for securities fraud under Securities and Exchange Commission Rule 10b-5, which provides a cause of action against “primary violators” of the Rule but not against mere “aiders and abettors.” This controversial distinction is further complicated by the recent introduction of “scheme liability” lawsuits under two previously obscure provisions of Rule 10b-5. This Note examines the circuit split over the “primary violator”/“aider and abettor” distinction in scheme liability claims, arguing that the circuits' conflicting concepts of scheme liability actually cover similar conduct, and that tax shelter …


Nonprofit Law, Economic Challenges, And The Future Of Charities: Introduction, Linda Sugin Jan 2007

Nonprofit Law, Economic Challenges, And The Future Of Charities: Introduction, Linda Sugin

Fordham Law Review

No abstract provided.


Wrong Way Corrigan And Recent Developments In The Nonprofit Landscape: A Need For New Legal Approaches, James J. Fishman Jan 2007

Wrong Way Corrigan And Recent Developments In The Nonprofit Landscape: A Need For New Legal Approaches, James J. Fishman

Fordham Law Review

No abstract provided.


Reforming Internal Revenue Code Provisions On Commercial Activity By Charities, John D. Colombo Jan 2007

Reforming Internal Revenue Code Provisions On Commercial Activity By Charities, John D. Colombo

Fordham Law Review

No abstract provided.


The Restricted Gift Life Cycle, Or What Comes Around Goes Around, John K. Eason Jan 2007

The Restricted Gift Life Cycle, Or What Comes Around Goes Around, John K. Eason

Fordham Law Review

No abstract provided.


What Critiques Of Sarbanes-Oxley Can Teach About Regulation Of Nonprofit Governance, Ellen P. Aprill Jan 2007

What Critiques Of Sarbanes-Oxley Can Teach About Regulation Of Nonprofit Governance, Ellen P. Aprill

Fordham Law Review

No abstract provided.


Director Independence In The Independent Sector, Dana Brakman Reiser Jan 2007

Director Independence In The Independent Sector, Dana Brakman Reiser

Fordham Law Review

No abstract provided.


The Commerciality Doctrine As Applied To The Charitable Tax Exemption For Homes For The Aged: State And Local Perspectives, David A. Brennen Jan 2007

The Commerciality Doctrine As Applied To The Charitable Tax Exemption For Homes For The Aged: State And Local Perspectives, David A. Brennen

Fordham Law Review

No abstract provided.


The Ubit: Leveling An Uneven Playing Field Or Tilting A Level One?, Michael S. Knoll Jan 2007

The Ubit: Leveling An Uneven Playing Field Or Tilting A Level One?, Michael S. Knoll

Fordham Law Review

No abstract provided.


Ethics And Evidence, Introduction, Daniel J. Capra Jan 2007

Ethics And Evidence, Introduction, Daniel J. Capra

Fordham Law Review

No abstract provided.


Are Evidence-Related Ethics Provisions "Law"?, Fred C. Zacharias Jan 2007

Are Evidence-Related Ethics Provisions "Law"?, Fred C. Zacharias

Fordham Law Review

No abstract provided.


The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To "Do Justice", Robert P. Mosteller Jan 2007

The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To "Do Justice", Robert P. Mosteller

Fordham Law Review

No abstract provided.


See No Evil: Wrongful Convictions And The Prosecutorial Ethics Of Offering Testimony By Jailhouse Informants And Dishonest Experts, Myrna S. Raeder Jan 2007

See No Evil: Wrongful Convictions And The Prosecutorial Ethics Of Offering Testimony By Jailhouse Informants And Dishonest Experts, Myrna S. Raeder

Fordham Law Review

No abstract provided.


The Use And Misuse Of High-Tech Evidence By Prosecutors: Ethical And Evidentiary Issues, Robert Aronson, Jacqueline Mcmurtrie Jan 2007

The Use And Misuse Of High-Tech Evidence By Prosecutors: Ethical And Evidentiary Issues, Robert Aronson, Jacqueline Mcmurtrie

Fordham Law Review

No abstract provided.


"Anything You Say May Be Used Against You": A Proposed Seminar On The Lawyer's Duty To Warn Of Confidentiality's Limits In Today's Post-Enron World, Paul F. Rothstein Jan 2007

"Anything You Say May Be Used Against You": A Proposed Seminar On The Lawyer's Duty To Warn Of Confidentiality's Limits In Today's Post-Enron World, Paul F. Rothstein

Fordham Law Review

No abstract provided.


Learning On The Job, John Paul Stevens Jan 2006

Learning On The Job, John Paul Stevens

Fordham Law Review

No abstract provided.


Justice Stevens, The Peremptory Challenge, And The Jury, Nancy S. Marder Jan 2006

Justice Stevens, The Peremptory Challenge, And The Jury, Nancy S. Marder

Fordham Law Review

No abstract provided.


The Missing Step Of Textualism, Abner S. Greene Jan 2006

The Missing Step Of Textualism, Abner S. Greene

Fordham Law Review

No abstract provided.


Justice Stevens, Judicial Power, And The Varieties Of Environmental Litigation, Kenneth A. Manaster Jan 2006

Justice Stevens, Judicial Power, And The Varieties Of Environmental Litigation, Kenneth A. Manaster

Fordham Law Review

No abstract provided.


Solving The Puzzle Of Mead And Christensen: What Would Justice Stevens Do?, Amy J. Wildermuth Jan 2006

Solving The Puzzle Of Mead And Christensen: What Would Justice Stevens Do?, Amy J. Wildermuth

Fordham Law Review

No abstract provided.


Skepticism And Expertise: The Supreme Court And The Eeoc, Melissa Hart Jan 2006

Skepticism And Expertise: The Supreme Court And The Eeoc, Melissa Hart

Fordham Law Review

No abstract provided.


Competing Presumptions About Statutory Coherence, John F. Manning Jan 2006

Competing Presumptions About Statutory Coherence, John F. Manning

Fordham Law Review

No abstract provided.


Fighting Federalism With Federalism: If It's Not Just A Battle Between Federalists And Nationalists, What Is It?, David J. Barron Jan 2006

Fighting Federalism With Federalism: If It's Not Just A Battle Between Federalists And Nationalists, What Is It?, David J. Barron

Fordham Law Review

No abstract provided.


The Partisan Of Nonpartisanship: Justice Stevens And The Law Of Democracy, Pamela S. Karlan Jan 2006

The Partisan Of Nonpartisanship: Justice Stevens And The Law Of Democracy, Pamela S. Karlan

Fordham Law Review

No abstract provided.


The Pragmatic Populism Of Justice Stevens's Free Speech Jurisprudence, Gregory P. Magarian Jan 2006

The Pragmatic Populism Of Justice Stevens's Free Speech Jurisprudence, Gregory P. Magarian

Fordham Law Review

No abstract provided.


Equal Favoritism Under The Law And Intelligent Design In Redistricting, Terry Smith Jan 2006

Equal Favoritism Under The Law And Intelligent Design In Redistricting, Terry Smith

Fordham Law Review

No abstract provided.


General Jurisdiction And Internet Contacts: What Role, If Any, Should The Zippo Sliding Scale Test Play In The Analysis?, Eric C. Hawkins Jan 2006

General Jurisdiction And Internet Contacts: What Role, If Any, Should The Zippo Sliding Scale Test Play In The Analysis?, Eric C. Hawkins

Fordham Law Review

No abstract provided.


Trademark Dilution, Search Costs, And Naked Licensing, Daniel Klerman Jan 2006

Trademark Dilution, Search Costs, And Naked Licensing, Daniel Klerman

Fordham Law Review

No abstract provided.