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Articles 8011 - 8040 of 9193
Full-Text Articles in Law
Preconception Tort Law In An Era Of Assisted Reproduction: Applying A Nexus Test For Duty, Matthew Browne
Preconception Tort Law In An Era Of Assisted Reproduction: Applying A Nexus Test For Duty, Matthew Browne
Fordham Law Review
No abstract provided.
Which Came First, The Fraud Or The Market: Is The Fraud-Created-The-Market Theory Valid Under Rule 10b-5, Peter J. Dennin
Which Came First, The Fraud Or The Market: Is The Fraud-Created-The-Market Theory Valid Under Rule 10b-5, Peter J. Dennin
Fordham Law Review
It is true that you may fool all the people some of the time;you can even fool some of the people all the time; but you can't fool all of the people all the time.
Unequal Justice: Arabs In America And United States Antiterrorism Legislation, Michael J. Whidden
Unequal Justice: Arabs In America And United States Antiterrorism Legislation, Michael J. Whidden
Fordham Law Review
Racial discrimination in any form and in any degree has no justifiable part whatever in our democrati way of life. It is unattractive in any setting but it is utterly revolting among a free people who have embraced the principles set forth in the Constitution of the united States. All residents of this nation are primarily and necessarily a part of the new and distinct civilization of the United States. They must accordingly be treated at all times as the heirs of the American experiment and as entitled to all the rights and freedoms guaranteed by the Constitution.
Found! The Lost Lawyer, Kirsten Edwards
On The Road Again: How Much Mileage Is Left On The Privileges Or Immunities Clause And How Far Will It Travel?, Nicole I. Hyland
On The Road Again: How Much Mileage Is Left On The Privileges Or Immunities Clause And How Far Will It Travel?, Nicole I. Hyland
Fordham Law Review
No abstract provided.
A Further Comment On Robert P. George's "Natural Law", James E. Fleming
A Further Comment On Robert P. George's "Natural Law", James E. Fleming
Fordham Law Review
No abstract provided.
The Impenetrable Constitution And Status Quo Morality, Charles A. Kelbley
The Impenetrable Constitution And Status Quo Morality, Charles A. Kelbley
Fordham Law Review
No abstract provided.
Natural Law And The Constitution Revisited, Robert P. George
Natural Law And The Constitution Revisited, Robert P. George
Fordham Law Review
No abstract provided.
Recommendations Of The Conference On Achieving Justice: Parents And The Child Welfare System
Recommendations Of The Conference On Achieving Justice: Parents And The Child Welfare System
Fordham Law Review
No abstract provided.
Report Of The Judiciary And The Courts Working Group, Nanette Schorr
Report Of The Judiciary And The Courts Working Group, Nanette Schorr
Fordham Law Review
No abstract provided.
Report Of The Parent Self-Advocacy Working Group, Lyn Slater
Report Of The Parent Self-Advocacy Working Group, Lyn Slater
Fordham Law Review
No abstract provided.
When Grandma Becomes Mom: The Liberty Interests Of Kinship Foster Parents, Gabrielle A. Paupeck
When Grandma Becomes Mom: The Liberty Interests Of Kinship Foster Parents, Gabrielle A. Paupeck
Fordham Law Review
No abstract provided.
Lawyering For The Middle Class: Foreword, Nancy J. Moore
Lawyering For The Middle Class: Foreword, Nancy J. Moore
Fordham Law Review
No abstract provided.
Is It Time For Lawyer Profiles?, Steven K. Berenson
Is It Time For Lawyer Profiles?, Steven K. Berenson
Fordham Law Review
No abstract provided.
The Ethics Of Middle-Class Access To Legal Services And What We Can Learn From The Medical Profession's Shift To A Corporate Paradigm, George C. Harris, Derek F. Foran
The Ethics Of Middle-Class Access To Legal Services And What We Can Learn From The Medical Profession's Shift To A Corporate Paradigm, George C. Harris, Derek F. Foran
Fordham Law Review
No abstract provided.
Middle-Class Lawyering In The Age Of Alzheimer's: The Lawyer's Duties In Representing A Fiduciary, Patrick Emery Longan
Middle-Class Lawyering In The Age Of Alzheimer's: The Lawyer's Duties In Representing A Fiduciary, Patrick Emery Longan
Fordham Law Review
No abstract provided.
The Advocate As Witness: Understanding Context, Culture And Client, Judith A. Mcmorrow
The Advocate As Witness: Understanding Context, Culture And Client, Judith A. Mcmorrow
Fordham Law Review
No abstract provided.
Providing Legal Services For The Middle Class In Cyberspace: The Promise And Challenge Of On-Line Dispute Resolution, Louise Ellen Teitz
Providing Legal Services For The Middle Class In Cyberspace: The Promise And Challenge Of On-Line Dispute Resolution, Louise Ellen Teitz
Fordham Law Review
No abstract provided.
What Big Eyes And Ears You Have!: A New Regime For Covert Governmental Surveillance, Mark G. Young
What Big Eyes And Ears You Have!: A New Regime For Covert Governmental Surveillance, Mark G. Young
Fordham Law Review
No abstract provided.
Reflections On Human Rights And Civil Liberties In Light Of The United Kingdom's Human Rights Act 1998, Conor Gearty
Reflections On Human Rights And Civil Liberties In Light Of The United Kingdom's Human Rights Act 1998, Conor Gearty
University of Richmond Law Review
It seems at times as though the entire world has become ad- dicted to human rights. The United States has, of course, had its famed Bill of Rights for generations. The United Kingdom's Human Rights Act has recently come into force. That measure also applies to Northern Ireland, with human rights issues appearing in the Good Friday Agreement. Both Britain and Ireland have adopted the model of the European Convention on Human Rights and Fundamental Freedoms, a charter agreed to on November 4, 1950, by western European nations emerging from a dark age of fascist totalitarianism. The body which gave …
Usual Suspects Beware: "Walk, Don't Run" Through Dangerous Neighborhoods, Margaret Anne Hoehl
Usual Suspects Beware: "Walk, Don't Run" Through Dangerous Neighborhoods, Margaret Anne Hoehl
University of Richmond Law Review
The Fourth Amendment to the United States Constitution is "designed 'to prevent arbitrary and oppressive interference by enforcement officials with the privacy and personal security of individuals." The Amendment is currently interpreted as consisting of two separate clauses, the first generally prohibiting unreasonable searches and seizures, and the second requiring the establishment of probable cause prior to the issuance of a warrant. Hence, only those government searches and seizures requiring a warrant necessitate the establishment of probable cause, and all other searches and seizures simply need to be "reasonable."
Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Beth G. Hungate-Noland
Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Beth G. Hungate-Noland
University of Richmond Law Review
This year witnessed the advance of a wide variety of antitrust and trade regulation theories, most of which met with little success. Of the antitrust cases, Continental Airlines waged a successful battle to eliminate carry-on baggage restrictions at Dulles Airport. Additionally, Maryland's price-setting scheme for liquor was not accorded state action immunity. On the other side of the ledger, another antitrust litigant failed to overcome the requirement that efforts to petition the government must be objectively baseless in order to meet the sham exception to the Noerr-Pennington doctrine. Difficulties in proving an antitrust injury and the intent element of a …
The Community Reinvestment Act: Its Impact On Lending In Low-Income Communities In The United States, Michael S. Barr, Lynda Y. De La Vina, Valerie A. Personick, Melissa A. Schroder
The Community Reinvestment Act: Its Impact On Lending In Low-Income Communities In The United States, Michael S. Barr, Lynda Y. De La Vina, Valerie A. Personick, Melissa A. Schroder
Book Chapters
This paper reviews data and research studies that demonstrate that CRA has helped to increase lending to low-income borrowers and in low-income neighborhoods, and that expanded CRA lending has been accomplished while maintaining sound lending practices and bank profitability. The paper also discusses literature that draws alternative conclusions, as well as studies that find, despite increases in lending and banking services to low- and moderate-income areas and to minority borrowers, that disparities still exist between the services afforded to these communities and those offered to the market as a whole.
Litigation Governance: A Gentle Critique Of The Third Circuit Task Force Report, John C. Coffee Jr.
Litigation Governance: A Gentle Critique Of The Third Circuit Task Force Report, John C. Coffee Jr.
Faculty Scholarship
The Third Circuit Task Force on the Selection of Class Counsel (the "Task Force") has worked hard, considered everything, and exhaustively summarized the problems associated with class counsel auctions. Its views will undoubtedly resonate with most of the Bench and the vast majority of the Bar-neither of whom were enthusiastic about the prospect of auctions in the first place. Personally, I agree with the Task Force that auctions are not the most promising reform and that they may exacerbate, rather than correct, existing problems. Still, what is missing from the Task Force Report is the candid recognition that the agency …
Hiv/Aids And Human Rights In Russia: Compliance And The Rule Of Law, William F. Flanagan
Hiv/Aids And Human Rights In Russia: Compliance And The Rule Of Law, William F. Flanagan
Osgoode Hall Law Journal
This article examines Russia’s legal response to its ongoing HIV/AIDS epidemic. Russia’s international human rights obligations are reviewed and the article then critically assesses the extent to which Russia’s current HIV/AIDS law and practice are consistent with those obligations. The paper demonstrates that most aspects of Russia’s HIV/AIDS laws are consistent with Russia’s international obligations. However, the paper also documents key parts of HIV/AIDS practice in Russia that are seriously inconsistent with both Russian HIV/AIDS law and Russia’s international human rights obligations. This inconsistency between HIV-related de jure norms and de facto practice raises the question of compliance with the …
Secret Code: The Need For Enhanced Privacy Protections In The United States And Canada To Prevent Employment Discrimination Based On Genetic And Health Information, Patrik S. Florencio, Erik D. Ramanathan
Secret Code: The Need For Enhanced Privacy Protections In The United States And Canada To Prevent Employment Discrimination Based On Genetic And Health Information, Patrik S. Florencio, Erik D. Ramanathan
Osgoode Hall Law Journal
The collection of genetic and health information by employers for reasons that are unrelated to the health and safety of workers is an undue infringement of the right to privacy, and consequently should be firmly prohibited by statute. Comprehensive genetic and health information privacy requires the protection of at least three critical elements of the right to privacy--namely choice, secrecy, and confidentiality. While choice and secrecy protect the individual's right to privacy at the collection stage, confidentiality safeguards this right at the point of disclosure. Laws that focus on the inappropriate use of genetic and health information without addressing the …
Securing Accountability Through Commissions Of Inquiry: A Role For The Law Commission Of Canada, Robert Centa, Patrick Macklem
Securing Accountability Through Commissions Of Inquiry: A Role For The Law Commission Of Canada, Robert Centa, Patrick Macklem
Osgoode Hall Law Journal
Focusing on the Government of Ontario's unwillingness to call a public inquiry into the death of Dudley George, an Aboriginal protester, and the Government of Canada's willingness to interfere with an inquiry into the deployment of Canadian forces to Somalia, this article argues that governments appear increasingly reluctant to support a commission of inquiry into a public crisis even where it can serve as a catalyst for addressing larger and more pressing concerns of institutional and policy reform. It first addresses "start-up problems" associated with the fact that the decision to appoint a commission of inquiry lies within the sole …
Will The First Sale Doctrine Disappear?, Anne Klinefelter
Will The First Sale Doctrine Disappear?, Anne Klinefelter
Faculty Publications
No abstract provided.
Rethinking The Debates Over Health Care Financing: Evidence From The Bankruptcy Courts, Melissa B. Jacoby, Teresa A. Sullivan, Elizabeth Warren
Rethinking The Debates Over Health Care Financing: Evidence From The Bankruptcy Courts, Melissa B. Jacoby, Teresa A. Sullivan, Elizabeth Warren
Faculty Publications
No abstract provided.