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Fordham Law Review

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Full-Text Articles in Law

The New Role Of Coercion In Antitrust, Jean Wegmen Burns Jan 1991

The New Role Of Coercion In Antitrust, Jean Wegmen Burns

Fordham Law Review

With the ascendancy of the economic efficiency approach and its emphasis on competitive prices and output, coercrion--the use of force or threat; to copel another to act against one's will--seemingly no longer has a role to play in antitrust analysis. Professor Burns argues that coercion is indeed still relevant in antitrust analysis, though its role has changed from the central character it once played in the early antitrust cases. After analyzing the evolving role of coercion, Professor Burns concludes that the concept is still useful in vertical restraints and tie-ins distinguishing between efficient restraints and inefficient ones and in evaluating …


Rule 11: Where We Are And Where We Are Going, Georgene M. Vairo Jan 1991

Rule 11: Where We Are And Where We Are Going, Georgene M. Vairo

Fordham Law Review

Professor Vairo discusses the compelling need to amend Federal Rule of Civil Procedure 11. She demonstrates that the rule is being used to limit advocacy in the federal courts, particularly in civil rights, employment discrimination, and other types of "disfavored" caes, and that it is creating wasteful satellite litigation. Lastly, she argues that three recent Supreme Court cases indicate that the Court is unwilling to address the problems caused by Rule 11. Professor Vairo thus advocates that the Federal Rules' Advisory Committee revise the rule by adopting the approach of the Bench-Bar Proposal.


Law In The 21st Century, Monroe Freedman Jan 1991

Law In The 21st Century, Monroe Freedman

Fordham Law Review

No abstract provided.


Life After Feist: Facts, The First Amendment, And The Copyright Status Of Automated Databases, Philip H. Miller Jan 1991

Life After Feist: Facts, The First Amendment, And The Copyright Status Of Automated Databases, Philip H. Miller

Fordham Law Review

No abstract provided.


Trends In Protective Orders Under Federal Rule Of Civil Procedure 26(C): Why Some Cases Fumble While Others Score , Jacqueline S. Guenego Jan 1991

Trends In Protective Orders Under Federal Rule Of Civil Procedure 26(C): Why Some Cases Fumble While Others Score , Jacqueline S. Guenego

Fordham Law Review

No abstract provided.


The Condominia Of Morgan: A Family Of Bankers And A Family Of Banks, Michael P. Malloy Jan 1991

The Condominia Of Morgan: A Family Of Bankers And A Family Of Banks, Michael P. Malloy

Fordham Law Review

The House of Morgan, By R. Chernow. Atlantic Monthly Press, 1990. Pp. 812. $14.95


Judging The Ninth Amendment, Sol Wachtler Jan 1991

Judging The Ninth Amendment, Sol Wachtler

Fordham Law Review

No abstract provided.


Two Faces Of Disparate Impact Discrimination, Pamela L. Perry Jan 1991

Two Faces Of Disparate Impact Discrimination, Pamela L. Perry

Fordham Law Review

No abstract provided.


Partner Bankruptcy And Partnership Dissolution: Protecting The Terms Of The Contract And Ensuring Predictability, Lawrence J. La Sala Jan 1991

Partner Bankruptcy And Partnership Dissolution: Protecting The Terms Of The Contract And Ensuring Predictability, Lawrence J. La Sala

Fordham Law Review

No abstract provided.


Reimbursement Of Indenture Trustees For Substantial Contribution Under Section 503 Of The Bankruptcy Code, Mark A. Cohen Jan 1991

Reimbursement Of Indenture Trustees For Substantial Contribution Under Section 503 Of The Bankruptcy Code, Mark A. Cohen

Fordham Law Review

No abstract provided.


John Calamari--A Tribute, Joseph M. Perillo Jan 1991

John Calamari--A Tribute, Joseph M. Perillo

Fordham Law Review

No abstract provided.


Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley Jan 1991

Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley

Fordham Law Review

No abstract provided.


Trial Lawyers And Arco: Jurisprudentially Inconsistent Approaches To Per Se Illegality , Michael Malina Jan 1991

Trial Lawyers And Arco: Jurisprudentially Inconsistent Approaches To Per Se Illegality , Michael Malina

Fordham Law Review

Annual Antitrust Reviews have been presented at the Association of the Bar of the City of New York since 1948, when Progessor Milton Handler instituted the series. The 1990 Review was presented on November 14, 1990, and the following articles are based on those presentations.


Attorney's Fees In Common Fund Actions, Monique Lapointe Jan 1991

Attorney's Fees In Common Fund Actions, Monique Lapointe

Fordham Law Review

No abstract provided.


Fetal Protection And Uaw V. Johnson Controls, Inc.: Job Openings For Barren Women Only, Marcelo L. Riffaud Jan 1990

Fetal Protection And Uaw V. Johnson Controls, Inc.: Job Openings For Barren Women Only, Marcelo L. Riffaud

Fordham Law Review

No abstract provided.


Following Dead Precedent: The Supreme Court's Ill-Advised Rejection Of Anticipatory Overruling, C. Steven Bradford Jan 1990

Following Dead Precedent: The Supreme Court's Ill-Advised Rejection Of Anticipatory Overruling, C. Steven Bradford

Fordham Law Review

No abstract provided.


Garcia Revisited: The Age Discrimination In Employment Act's Application To Appointed State Court Judges, Katharine L. Huth Jan 1990

Garcia Revisited: The Age Discrimination In Employment Act's Application To Appointed State Court Judges, Katharine L. Huth

Fordham Law Review

No abstract provided.


Excessive Force Claims: Is Significant Bodily Injury The Sine Qua Non To Proving A Fourth Amendment Violation?, Daniel J. O’Connell Jan 1990

Excessive Force Claims: Is Significant Bodily Injury The Sine Qua Non To Proving A Fourth Amendment Violation?, Daniel J. O’Connell

Fordham Law Review

No abstract provided.


"A Fresh Start With Someone Else's Property": Lien Avoidance, The Homestead Exemption And Divorce Property Divisions Under Section 522(F)(1) Of The Bankruptcy Code, Phyllis A. Klein Jan 1990

"A Fresh Start With Someone Else's Property": Lien Avoidance, The Homestead Exemption And Divorce Property Divisions Under Section 522(F)(1) Of The Bankruptcy Code, Phyllis A. Klein

Fordham Law Review

No abstract provided.


Complex Litigation Reform And Article Iii Jurisdiction, Linda S. Mullenix Jan 1990

Complex Litigation Reform And Article Iii Jurisdiction, Linda S. Mullenix

Fordham Law Review

No abstract provided.


The Prosecutor, The Press, And Free Speech, Scott, Jr. M. Matheson Jan 1990

The Prosecutor, The Press, And Free Speech, Scott, Jr. M. Matheson

Fordham Law Review

No abstract provided.


Post-Mcnally Review Of Invalid Convictions Through The Writ Of Coram Nobis, M. Diane Duszak Jan 1990

Post-Mcnally Review Of Invalid Convictions Through The Writ Of Coram Nobis, M. Diane Duszak

Fordham Law Review

No abstract provided.


Reinvigorating Title Vi: Defending Health Care Discrimination—It Shouldn’T Be So Easy, Sidney D. Watson Jan 1990

Reinvigorating Title Vi: Defending Health Care Discrimination—It Shouldn’T Be So Easy, Sidney D. Watson

Fordham Law Review

No abstract provided.


A Proposal To Amend Rule 30(B) Of The Federal Rules Of Civil Procedure: Cross-Disciplinary And Empirical Evidence Supporting Presumptive Use Of Video To Record Depositions, Rebecca White Berch, Holly R. Caldwell, Jan L. Steiner, Peggy Addington Velasco Jan 1990

A Proposal To Amend Rule 30(B) Of The Federal Rules Of Civil Procedure: Cross-Disciplinary And Empirical Evidence Supporting Presumptive Use Of Video To Record Depositions, Rebecca White Berch, Holly R. Caldwell, Jan L. Steiner, Peggy Addington Velasco

Fordham Law Review

No abstract provided.


Duty In Divorce: Shared Income As A Path To Equality, Jane Rutheford Jan 1990

Duty In Divorce: Shared Income As A Path To Equality, Jane Rutheford

Fordham Law Review

No abstract provided.


False Conflicts And Interstate Preclusion: Moving Beyond A Wooden Reading Of The Full Faith And Credit Statute, Sanford N. Caust-Ellenbogen Jan 1990

False Conflicts And Interstate Preclusion: Moving Beyond A Wooden Reading Of The Full Faith And Credit Statute, Sanford N. Caust-Ellenbogen

Fordham Law Review

No abstract provided.


The Expanding Right Of Access: Does It Extend To Search Warrant Affidavits?, Erica A. Kaston Jan 1990

The Expanding Right Of Access: Does It Extend To Search Warrant Affidavits?, Erica A. Kaston

Fordham Law Review

No abstract provided.


The Art Of Insinuation: Defamation By Implication, Nicole Alexandra Labarbera Jan 1990

The Art Of Insinuation: Defamation By Implication, Nicole Alexandra Labarbera

Fordham Law Review

No abstract provided.


A Grave Injustice: The Uncharitable Federal Tax Treatment Of Bequests To Public Cemeteries, Anne Berrill Whalen Jan 1990

A Grave Injustice: The Uncharitable Federal Tax Treatment Of Bequests To Public Cemeteries, Anne Berrill Whalen

Fordham Law Review

No abstract provided.


Standing To Challenge Tax-Exempt Status: The Second Circuit’S Competitive Political Advocate Theory, Jordana G. Schwartz Jan 1990

Standing To Challenge Tax-Exempt Status: The Second Circuit’S Competitive Political Advocate Theory, Jordana G. Schwartz

Fordham Law Review

No abstract provided.