Law Commons^™

Paramount Revisited: The Resurgence Of Vertical Integration In The Motion Picture Industry, Kraig G. Fox

Hofstra Law Review

No abstract provided.

The Reasonableness Of The "Reasonable Woman" Standard: An Evaluation Of Its Use In Hostile Environment Sexual Harassment Claims Under Title Vii Of The Civil Rights Act, Saba Ashraf

Hofstra Law Review

No abstract provided.

Silence In The Court: Participation And Subordination Of Poor Tenants' Voices In Legal Process, Barbara Bezdek

Hofstra Law Review

No abstract provided.

Revisiting "Truth In Securities": The Use Of The Efficient Capital Market Hypothesis, Michael W. Prozan, Michael T. Fatale

Hofstra Law Review

This article evaluates the imbalance between the application of the "efficient capital market hypothesis" to the registration and antifraud provisions of the Securities Act of 1933 and the Securities and Exchange Act of 1934, respectively. The article argues that narrowing thediscrepancy in the application of the theory through a combination of expanding the integrated disclosure system and reducing the application of the "fraud on the market" theory of investor reliance would help provide a more viable system that would balance the interests of short term investors, long term investors and companies using the capital markets.

Post-Revolutionary Law And Economics: A Foreword To The Symposium, Anthony D'Amato

Hofstra Law Review

The Lanec (short for Law and Economics) movement of the 1970s hit the legal landscape like a nuclear device and permanently irradiated it. A couple of decades later, as we sift through the fallout, we are entitled to ask whether anything fundamental has changed. Every contributorto this Symposium seems to answer yes. Maybe they're like the book reviewer who believes deep in her heart that the book is worthless, but if she reveals it the editor will conclude that there is no point in printing her review. Let me put my own biases on the table. In general I applaud …

Hernandez V. New York: Courts, Prosecutors, And The Fear Of Spanish, Juan F. Perea

Hofstra Law Review

No abstract provided.

Calabresi's Revenge? Junk Science In The Work Of Peter Huber, Jeff L. Lewin

Hofstra Law Review

No abstract provided.

Love And Power: The Rule Of Religion And Morality In American Politics, Gerard V. Bradley

Journal Articles

Perry, Michael J. Love and Power: The Rule of Religion and Morality in American Politics. New York: Oxford University Press, 1991. viii + 218 pp. $29.95

The author's introduces this sequel to his Morality, Politics, and Law as an extended gloss on John Noonan's statement that the "central problem of the legal enterprise is the relation of love to power." The renown of its author ensures that Love and Power will become a focal point in legal academic discussion of its central concern: the proper relation between morality, particularly religious morality, political choice, and public deliberation "in a morally …

Rational Bargaining Theory And Contract: Default Rules, Hypothetical Consent, The Duty To Disclose, And Fraud, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

The author begins by responding to Coleman's rational choice approach to choosing default rules. In part I, he applies the expanded analysis of contractual consent and default rules that he had recently presented elsewhere to explain how rational bargaining, hypothetical consent, and actual consent figure in the determination of contractual default rules. Whereas Coleman advocates the centrality of rational bargaining analysis to this determination, the author explains why rational bargaining theory's role must be subsidiary to that of consent.

The author then turns his attention to Coleman's appraisal of contracting parties' duty to disclose information concerning the resources that are …

Is There A Natural Law Right To Privacy?, Ralph F. Gaebler

Articles by Maurer Faculty

No abstract provided.

The Search For A Solution To The U.S.-Caribbean Copyright Enforcement Controversy, Valerie L. Hummel

Fordham International Law Journal

Caribbean countries sees little advantage in enforcing copyright laws. This article searches for a solution to this copyright enforcement controversy. Part I of this Note provides background information on copyright law and examines the legal, political, and socioeconomic conditions existing in both the United States and in the Caribbean countries. It also discusses the effect of these conditions on substantive copyright laws and on the particular copyright interests and objectives of both parties. Part II reviews different approaches to international copyright protection. Part III discusses the advantages and disadvantages of each approach and concludes that, for resolution, the controversy requires …

Bachchan V. India Abroad Publication Inc.: The Clash Between Protection Of Free Speech In The United States And Great Britain, Gregory T. Walters

Fordham International Law Journal

This Comment argues that, although the New York Supreme Court reached the correct opinion in Bachchan v. India Abroad Publ., but the scope of the court's decision must be limited limited in its application with respect to future enforcement proceedings involving non-U.S. libel judgments. Part I examines the contrasting defamation standards in the United States and Great Britain, and details the concept of comity. Part II sets forth the factual and procedural history of the case and examines the opinion of the court. Part III analyzes the Bachchan decision and argues that, while the result was appropriate to the facts …

In Re Extradition Of Khaled Mohammed El Jassem: The Demise Of The Political Offense Provision In U.S.-Italian Relations, Santo F. Russo

Fordham International Law Journal

This Comment argues that the Al-Jawary decision is justified and that the cooperation achieved between the United States and Italy in this case reveals the importance of adhering to legal channels in the extradition of terrorists. Part I examines the history of extradition and reviews the respective approaches to the political offense doctrine adopted by both the United States and Italy. Part II discusses the factual and procedural background of AI-Jawary, the judgment of the Court of Cassation, and the reasoning behind the Court's opinion. Part III argues that AI-Jawary represents a proper interpretation of the political offense doctrine under …

The Practical Failure Of German Export Control Law: A Lesson In Modern Trade, Daniel D. Corcoran

Fordham International Law Journal

This Comment will argue that the process of controlling exports must change fundamentally if the foreign policy and security objectives of export controls are to be met. Part I will examine the existing international obligations of exporting nations, such as the FRG, highlighting current public international law. Part I will also analyze the structure of the relevant German legislation. Part II will discuss the practical failure of German export controls. Additionally, Part II will review the subsequent reform legislation. Part III will argue that restructuring of the current national controls is necessary. The national measures should control either categorically or …

Cartels: Proof And Procedural Issues, Maurice Guerrin, Georgios Kyriazis

Fordham International Law Journal

The above considerations demonstrate, however, the importance of the questions regarding the nature and the scope of admissible cartel evidence, especially in regard to the issues of due process in general and of the obligation to safeguard the rights of the defense against the prosecution in particular. Obviously, the fundamental principle governing these issues is commonly known and universally accepted: no one can be prosecuted or condemned without concrete evidence of the infringement of which the defendant is accused. The legal and procedural requirements concerning cartel evidence are therefore closely related to the powers of investigation entrusted to the EC …

Harmonizing The Chemical Weapons Convention With The United States Constitution, Jerry Stockton, Edward Tanzman, Barry Kellman

College of Law Faculty

On-site verification inspections under the Draft Chemical Weapons Convention of facilities in the UnitedStates pose unprecedented legal difficulties. Federal implementing legislation can advance most of the Draft Convention'sobligations, to permit inspections in accord with the Constitution. In some instances, changes in theUnited States' negotiating position may be desirable to assure constitutionality.The Draft Convention creates a regime that introduces international law enforcement to the tasks of verifyingdestruction of existing chemical weapons and preventing new weapons production. The Draft Convention establishesan elaborate mechanism for regulating all production and acquisition of weapons-capable chemicals byStates Parties.The success of these restrictions will be verified through …

The Need For An International Criminal Court In The New International World Order., M. Bassiouni, Christopher Blakesley

College of Law Faculty

No abstract provided.

An Interpretivist Agenda, Gary S. Lawson

Faculty Scholarship

As I write these words, bevies of law clerks assigned to cases involving the Bill of Rights are dutifully editing their bench memos for publication in the national reporter system. Once printed, these bench memos will be solemnly treated by lawyers, scholars, other law clerks, and the occasional judge who runs across them as legally significant, or even binding, interpretations of the Constitution. Two features of this burgeoning mass of otherwise unpublishable law review comments bear mention. First, most of them are tedious, tendentious, pretentious, and badly reasoned when reasoned at all, just as one would expect from authors who …

Foreword: The Constitution Of Responsibility, Steven G. Calabresi, Gary S. Lawson

Faculty Scholarship

The American legal academy is decidedly nationalistic. Comparative law tends to be a minor part of the law school curriculum, and discussion of alternative legal systems almost never finds its way into mainstream courses like constitutional law. As a result, much that is distinctive about American constitutionalism, and the American legal system in general, is often taken for granted. The federal Constitution, for example, says much about governmental structure, power, and limitations, but virtually nothing about the obligations of citizens to one another or to the government.' This feature of the American Constitution starkly sets it apart from many of …

The Poverty Of Privacy?, Linda C. Mcclain

Faculty Scholarship

This Article has two aims. First, it defends a continuing role for the right of privacy in arguments -for women's reproductive freedom against charges that privacy is an impoverished concept. Second, it raises cautions about certain feminist critiques of privacy that would ground this freedom in notions of reproductive responsibilities. As this Article was first presented at a conference, "Reproductive Issues in a Post-Roe' World," held in the wake of Webster v. Reproductive Health Services,2 the first question is: Are we now, given the Supreme Court's recent decision in Planned Parenthood v. Casey,' in a "post-Roe world"? Furthermore, what remains …

L'Arbitrage Et Le Recouvrement Des Prêts Consentis À Des Débiteurs Étrangers, William W. Park

Faculty Scholarship

L'auteur explore le rile complexe de 'arbitrage dans le rglement des difflrends financiers intemationaux impliquant des dettes privies et publiques. II onus rappelle que le diveloppement 6conomique global bnlficie d'un climat de confiance dons les relations commerciales internationales. Los doctrines juridiques et les procidures qui ajoutent de l'incertitude dans le processus de remboursement des prfts ne peuvent que freiner I'allocation de crdits qui pourraient autrement favoriser le commerce et l'investissement outre-frontikre, particuli~rement dons les pays en vole do diveloppement.

The author explores the complex role of arbitration in the settlement of international financial controversies involving both private and public debt. …

Sticks And Stones Can Break My Name: Nondefamatory Negligent Injury To Reputation, Katharine B. Silbaugh

Faculty Scholarship

If a reputation is injured, does it matter whether defamation is the cause? Injury to reputation differs from other items of damage a plaintiff enumerates. Tradition links it to particular tortious conduct-defamation-on the part of a defendant. This Comment examines ordinary negligent conduct as an alternative ground for recovery for injury to reputation.

Proving The Law, Gary S. Lawson

Faculty Scholarship

Interpretative theory has become a major growth industry over the past two decades. Legal academics in particular have invested heavily in the enterprise, producing a burgeoning literature that addresses many of the most important problems of legal interpretation.1 The discussion to date, however, has largely neglected one critical aspect of interpretative theory: the selection of appropriate standards of proof for legal propositions. That neglect will not bother or surprise interpretative skeptics who doubt the utility of searching for "true" or "better" meanings of texts, but it ought to prove troubling to any theorist who wants to make absolute or comparative …

1992, W. Wapenhans, Ibrd, Review Of The Portfolio Review Working Group, Part 1, Willi Wapenshans

WBIP Creation Up To 1993

No abstract provided.

1992, W, Wapenhans, Report Of The Portfolio Review Working Group, Part 2, Willi Wapenhans

WBIP Creation Up To 1993

One of two parts of the "Wapenhans Report", which documented significant failures throughout the Bank's portfolio due to a culture of approval that preferences project quantity and moving money over project quality or development results. This was one of the primary studies that was cited by Bank critics as demonstrating the need for reforms, including the Inspection Panel

Title Page

Journal of Dispute Resolution

No abstract provided.

Table Of Contents - Issue 1

Journal of Dispute Resolution

No abstract provided.

Confidentiality In Mediation: A Moral Reassessment, Kevin Gibson

Journal of Dispute Resolution

In discussing mediation confidentiality, it appears that different commentators address different issues. For example, some commentaries discuss only court ordered mediation while others consider the possibility of any intervention by a neutral to be mediation, and hence under scrutiny. There is also disagreement about what should be protected: pre-mediation screening calls, post session discussions among mediators and their supervisors and so on.5 In order to keep the discussion as broad and inclusive as possible, I will use "mediation" to refer to any organized intervention by an impartial third party and to any part of that process. Although some may consider …

Just, Speedy, And Inexpensive Or Just Speedy And Inexpensive - Mandatory Alternative Dispute Resolution In The Western District Of Missouri, April A. Fredlund

Journal of Dispute Resolution

This Comment will address five questions which may arise as challenges to the Western District of Missouri's implementation of its ADR program. First, is the experimental program designed by the court likely to be predictive? That is, will the program be able to tell us whether cost and delay are being reduced by the ADR program? Second, is the program as implemented likely to reduce cost and delay? Third, does the Western District of Missouri have authority to impose mandatory ADR on litigants? Fourth, is the provision for mandatory ADR constitutionally sound? And fifth, assuming affirmative answers to these questions, …

Waiver Of A Contractual Arbitration Agreement By Causing Prejudice To The Opponent: Should Federal Courts Adopt A Bright-Line Test - Kramer V. Hammond, Mark G. Anderson

Journal of Dispute Resolution

Due to the high costs of litigation and the backlog on court dockets, parties to a contract are beginning to rely more and more on contractual provisions requiring arbitration for future disputes.2 In the past, courts were reluctant to enforce these provisions,' but now the federal courts enforce a strong presumption in favor of such provisions.' Because of this strong federal policy, waiver of the contractual agreements is not easily inferred.5 To overcome this presumption federal courts have developed tests to determine when waiver of contractual agreements to arbitrate occurs.6 These tests focus on whether the opposing party has been …