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Articles 2851 - 2880 of 5051
Full-Text Articles in Law
An Economic Analysis Of The Potential For Coercion In Consent Solicitations For Bonds, Royce De R. Barondes
An Economic Analysis Of The Potential For Coercion In Consent Solicitations For Bonds, Royce De R. Barondes
Fordham Law Review
No abstract provided.
The First Amendment Distinction Between Conduct And Content: A Conceptual Framework For Understanding Fighting Words Jurisprudence, Aviva O. Wertheimer
The First Amendment Distinction Between Conduct And Content: A Conceptual Framework For Understanding Fighting Words Jurisprudence, Aviva O. Wertheimer
Fordham Law Review
No abstract provided.
No-Drop Policies In The Prosecution Of Domestic Violence Cases: Guarantee To Action Or Dangerous Solution?, Angela Corsilles
No-Drop Policies In The Prosecution Of Domestic Violence Cases: Guarantee To Action Or Dangerous Solution?, Angela Corsilles
Fordham Law Review
No abstract provided.
Relief For Mandela's Children: Street Children And The Law In The New South Africa, Timothy J. Treanor
Relief For Mandela's Children: Street Children And The Law In The New South Africa, Timothy J. Treanor
Fordham Law Review
No abstract provided.
Rewriting The Constitution: An Economic Analysis Of The Constitutional Amendment Process, Donald J. Boudreaux, A. C. Pritchard
Rewriting The Constitution: An Economic Analysis Of The Constitutional Amendment Process, Donald J. Boudreaux, A. C. Pritchard
Fordham Law Review
In this Article, the authors develop an economic theory of the constitutional amendment process under Article V, focusing particularly on the roles that Congress and interest groups play in that process. The authors construct a model to predict when an interest group will seek an amendment rather than a statute to further its interests, highlighting how interest group maintenance costs and anticipated opposition affect that choice. They then discuss the efficiency goals of constitutionalism—precommitment and reduction of agency costs—and argue that the structure of the amendment process under Article V prevents realization of these goals. The authors contrast the Bill …
Beyond Batson V. Kentucky: A Proposed Ethical Rule Prohibiting Racial Discrimination In Jury Selection, Andres G. Gordon
Beyond Batson V. Kentucky: A Proposed Ethical Rule Prohibiting Racial Discrimination In Jury Selection, Andres G. Gordon
Fordham Law Review
No abstract provided.
An Implied Right Of Contribution Under Rule 10b-5: An Essential Element Of Attaining The Goals Of The Securities Exchange Act Of 1934, Mary Ellen P. Dooley
An Implied Right Of Contribution Under Rule 10b-5: An Essential Element Of Attaining The Goals Of The Securities Exchange Act Of 1934, Mary Ellen P. Dooley
Fordham Law Review
No abstract provided.
Competition For Corporate Charters And The Lesson Of Takeover Statutes, Roberta Romano
Competition For Corporate Charters And The Lesson Of Takeover Statutes, Roberta Romano
Fordham Law Review
In this Essay, Professor Romano considers the efficacy of competition among states for tax revenues generated by corporate charters. To this end, she focuses on how state takeover regulation-regulation which tends to benefit management rather than shareholders--affects this competition. She argues that federalism provides a safety net which protects investor interests and reduces the likelihood of self-serving management decisions. Professor Romano concludes that the current state-based system of incorporation is preferable to a national regime.
Bondage, Domination, And The Art Of The Deal: An Assessment Of Judicial Strategies In Lender Liability Good Faith Litigation, A. Brooke Overby
Bondage, Domination, And The Art Of The Deal: An Assessment Of Judicial Strategies In Lender Liability Good Faith Litigation, A. Brooke Overby
Fordham Law Review
In the 1980s the contractual obligation of good faith and fair dealing achieved preeminence in the area of lender liability. This raised concerns that expansive judicial interpretation of the obligation would, in effect, rewrite the parties' contracts and result in the imposition of undue economic liability upon lenders. In this Article Professor Overby first traces the statutory, common law, and theoretical attempts to provide transactors with legal standards of conduct through the obligation of good faith. She then examines the judicial approaches to good faith in the lending context, rejecting as unfounded concerns over economic liability or widespread judicial activism. …
Should Fraud On The Market Theory Extend To The Context Of Newly Issued Securities?, Joseph De Simone
Should Fraud On The Market Theory Extend To The Context Of Newly Issued Securities?, Joseph De Simone
Fordham Law Review
No abstract provided.
10b-5 Or Not 10b-5: Are The Current Efforts To Reform Securities Litigation Misguided?, Adam F. Ingber
10b-5 Or Not 10b-5: Are The Current Efforts To Reform Securities Litigation Misguided?, Adam F. Ingber
Fordham Law Review
No abstract provided.
Parting Is Such Sweet Sorrow: The Application Of Title Vii To Post-Employment Retaliation, Patricia A. Moore
Parting Is Such Sweet Sorrow: The Application Of Title Vii To Post-Employment Retaliation, Patricia A. Moore
Fordham Law Review
No abstract provided.
New Banking Legislation In Russia: Theoretial Adequacy, Practical Difficulties, And Potential Solutions, Inna Vysman
New Banking Legislation In Russia: Theoretial Adequacy, Practical Difficulties, And Potential Solutions, Inna Vysman
Fordham Law Review
No abstract provided.
Vertical Restraints, Efficiency, And The Real World, Jean Wegman Burns
Vertical Restraints, Efficiency, And The Real World, Jean Wegman Burns
Fordham Law Review
In this Article, Professor Burns addresses the rise of economic efficiency in antitrust jurisprudence. She argues that the theory is incomplete in that it fails to address “noneconomic” concerns, such as dealer fairness, intraband competition, and business ethics, which society wishes addressed. Societal concern, she argues, is evidenced by the rise of dealer fairness remedies outside the realm of antitrust law. In addition, she argues that the public regards the economic efficiency theory as out of touch with reality as evidenced by the vocal opposition of sophisticated consumer groups to modern Chicago-School-influenced antitrust jurisprudence. She concludes by voicing support for …
The Societas Europea: The Evolving European Corporation Statute, Terence L. Blackburn
The Societas Europea: The Evolving European Corporation Statute, Terence L. Blackburn
Fordham Law Review
In this Article, Professor Blackburn examines and evaluates the Commission of the European Community's 1991 proposed European corporation statute, which represents the Commission's latest endeavor into creating a new form of business organization that possesses a European identity independent of the laws of the member states that comprise the European Economic Community. Professor Blackburn argues that this proposal fails because it places too much reliance on member state law for matters of basic structure and management, and therefore incorporates by reference the material variations in company law that exist among the member states. Professor Blackburn moreover contends that this proposal …
Appellate Advocacy: Some Reflections From The Bench, Lawrence W. Pierce
Appellate Advocacy: Some Reflections From The Bench, Lawrence W. Pierce
Fordham Law Review
In this Essay, Judge Pierce explores historical and modern attributes of appellate advocacy and provides insightful guidance on some relevant considerations for effective advocacy on the appellate level Judge Pierce discusses methods which advocates may utilize to improve their proficiency at brief writing and oral argument but also cautions advocates that the appellate process begins at the trial level in preserving issues for appeal Judge Pierce also reflects upon his experiences in over 21 years on the federal bench when examining some of the strategic, practical and ethical considerations, as well as persuasive methods, for successful appellate advocacy.
The Legal, Ethical, And Social Implications Of The "Reasonable Woman" Standard In Sexual Harassment Cases, Robert S. Adler, Ellen R. Peirce
The Legal, Ethical, And Social Implications Of The "Reasonable Woman" Standard In Sexual Harassment Cases, Robert S. Adler, Ellen R. Peirce
Fordham Law Review
In this Article, Professors Adler and Peirce examine the development and implications of the "reasonable woman" standard that is gaining increasing acceptance as the appropriate gauge for measuring the offensiveness of the conduct at issue in sexual harassment cases. The authors begin by reviewing the origins of sexual harassment law under Title VII of the Civil Rights Act of 1964, paying particular attention to the history of "hostile environment" causes of action. Professors Adler and Peirce then discuss how and why the reasonable woman standard evolved as an alternative to the conventional "reasonable man" and "reasonable person "standards that had …
Intercepting Refugees At Sea: An Analysis Of The United States' Legal And Moral Obligations, Suzanne Gluck
Intercepting Refugees At Sea: An Analysis Of The United States' Legal And Moral Obligations, Suzanne Gluck
Fordham Law Review
No abstract provided.
Justices Harlan And Black Revisited: The Emerging Dispute Between Justice O'Connor And Justice Scalia Over Unenumerated Fundamental Rights, David B. Anders
Justices Harlan And Black Revisited: The Emerging Dispute Between Justice O'Connor And Justice Scalia Over Unenumerated Fundamental Rights, David B. Anders
Fordham Law Review
No abstract provided.
Section 365 Versus 362: Applying The Automatic Stay To Prevent Unilateral Termination In A Bankruptcy Setting, Robert J. Verga
Section 365 Versus 362: Applying The Automatic Stay To Prevent Unilateral Termination In A Bankruptcy Setting, Robert J. Verga
Fordham Law Review
No abstract provided.
Political Reality Testing: 1993, Derrick Bell
Political Reality Testing: 1993, Derrick Bell
Fordham Law Review
No abstract provided.
Perspectives On Disclosing Rape Victims' Names, Deborah W. Denno
Perspectives On Disclosing Rape Victims' Names, Deborah W. Denno
Fordham Law Review
In this Essay, Professor Denno examines the century-long conflict between an individual's right to privacy and the freedom of the press in the context of the media's disclosure of rape victims' names. Part I briefly reviews the United States Supreme Court's primary rulings on this topic, explaining that the Court has generally protected the freedom of the press under the First Amendment Part I emphasizes, however, that the Court has left available an opportunity for a con- trary interpretation under certain circumstances in Florida Star v. BJ.F., the Court's last ruling concerning the disclosure of rape victims' names. Part I1 …
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Michael Gartner
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Michael Gartner
Fordham Law Review
No abstract provided.
Myth And Reality--Or, Is It "Perception And Taste"?--In The Reading Of Donative Documents, James L. Robertson
Myth And Reality--Or, Is It "Perception And Taste"?--In The Reading Of Donative Documents, James L. Robertson
Fordham Law Review
No abstract provided.
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Linda Fairstein
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Linda Fairstein
Fordham Law Review
No abstract provided.
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Helen Benedict
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Helen Benedict
Fordham Law Review
No abstract provided.
New Technology, Old Problem: Determining First Amendment Status Of Electronic Information Services, Phillip H. Miller
New Technology, Old Problem: Determining First Amendment Status Of Electronic Information Services, Phillip H. Miller
Fordham Law Review
No abstract provided.
Warming The Bench: The Nonstatutory Labor Exemption In The National Football League, Johnathan S. Shapiro
Warming The Bench: The Nonstatutory Labor Exemption In The National Football League, Johnathan S. Shapiro
Fordham Law Review
No abstract provided.
A Comprehensive Theory Of Protective Jurisdiction: The Missing "Ingredient" Of "Arising Under" Jurisdiction, Loretta Shaw
A Comprehensive Theory Of Protective Jurisdiction: The Missing "Ingredient" Of "Arising Under" Jurisdiction, Loretta Shaw
Fordham Law Review
No abstract provided.
Foreword, Milton V. Freeman