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Articles 9091 - 9120 of 10557
Full-Text Articles in Law
Temptations Of The Walled Garden: Digital Rights Management And Mobile Phone Carriers, Neil Weinstock Netanel
Temptations Of The Walled Garden: Digital Rights Management And Mobile Phone Carriers, Neil Weinstock Netanel
Colorado Technology Law Journal
No abstract provided.
Telecom Globalization And Deregulation Encounter U.S. National Security And Labor Concerns, Warren G. Lavey
Telecom Globalization And Deregulation Encounter U.S. National Security And Labor Concerns, Warren G. Lavey
Colorado Technology Law Journal
No abstract provided.
The Trans-Texas Corridor Plan: Will Best Value Highway Contract Procurement Under Comprehensive Development Agreements Leave The Lowest Competitive Bidder In The Dust Comment., Jason C. Petty
St. Mary's Law Journal
Abstract Forthcoming.
Criminal Defense Lawyering At The Edge: A Look Back Lawyering At The Edge: Unpopular Clients, Difficult Cases, Zealous Advocates, Bruce A. Green
Criminal Defense Lawyering At The Edge: A Look Back Lawyering At The Edge: Unpopular Clients, Difficult Cases, Zealous Advocates, Bruce A. Green
Faculty Scholarship
This Article is an attempt to reconstruct the story of a New York City lawyer's professional death and resurrection. In particular, this is the story of John Palmieri's defense of John J. Delane in the year 1915, a time in the history of the legal profession when the bounds of zealous representation, particularly in criminal cases, were blurry and in transition. This is also the story of what followed the Delane trial: the efforts of prosecutorial, disciplinary, and judicial authorities to resolve factual and legal uncertainties about Palmieri's conduct and intentions in defending his client, their efforts to locate the …
Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction In The Age Of Globalization, Steve Coughlan, Robert Currie, Hugh Kindred, Teresa Scassa
Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction In The Age Of Globalization, Steve Coughlan, Robert Currie, Hugh Kindred, Teresa Scassa
Articles, Book Chapters, & Popular Press
The reach of national law is often greater than its grasp. Canada, like other countries, has effective legal power over its territory and all within it. However, one consequence of the current process of globalization, for good or ill, is that Canadian interests are no longer contained exclusively within Canadian borders. Canada thus finds it increasingly necessary to consider asserting its legal jurisdiction beyond its frontiers. Such extraterritorial assertion of Canadian authority may well run into strong opposition from other countries, who might view Canada as attempting to intervene in their own national territory and domestic affairs. Likewise, other states, …
Turning The Health Professional Carousel: Is Canada Undermining Human Rights In Developing Countries?, Karinne Lantz
Turning The Health Professional Carousel: Is Canada Undermining Human Rights In Developing Countries?, Karinne Lantz
Articles, Book Chapters, & Popular Press
This article will address the issue of health professional migration, with a specific focus on how this migration affects health systems in developing countries. The central question being examined is whether or not states have an obligation to ensure that their policies – or actions by private actors based in their states – do not undermine the delivery of healthcare in other states. After exploring this obligation, this article will analyze how the issue may be effectively addressed by drawing upon the experience of the United Kingdom; how successful has the U.K. been in meeting its obligation? What are the …
Dormant Commerce Clause - Economic Protectionism And State Tax Incentives - The Supreme Court Of Wisconsin Holds That Tax Exemptions For Air Carriers Based Solely On The Amount Of Business Done With The State Survive Dormant Commerce Clause Review: Northwest Airlines, Inc. V. Wisconsin Department Of Revenue, Amber M. Billingsley
Journal of Air Law and Commerce
No abstract provided.
Preventing Salmon Escapes From Aquaculture In Canada And The Usa: Limited International Coordinates, Divergent Regulatory Currents And Possible Future Courses, David Vanderzwaag, Tricia Barry
Preventing Salmon Escapes From Aquaculture In Canada And The Usa: Limited International Coordinates, Divergent Regulatory Currents And Possible Future Courses, David Vanderzwaag, Tricia Barry
Articles, Book Chapters, & Popular Press
Following an introductory review of the continuing problem of salmon escaping from aquaculture operations along the Atlantic and Pacific coasts of North America, and the considerable uncertainties over ecological impacts, this article examines the law and policy context for preventing escapes from three perspectives. First, the limited guidance for addressing aquaculture escapes under existing global and regional agreements/arrangements is highlighted. Second, how Canada and the USA have sought to control escape events at national and provincial/State levels is summarized. Third, possible future courses are identified, which improve the way salmon escapes are addressed, with stronger regional responses suggested as most …
The Paradoxical Structure Of Constitutional Litigation, Pamela S. Karlan
The Paradoxical Structure Of Constitutional Litigation, Pamela S. Karlan
Fordham Law Review
No abstract provided.
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Fordham Law Review
This Article critiques the constitutional underpinnings of the “ministerial exemption,” which grants religious organizations immunity from discrimination suits brought by “ministerial” employees. These employees, who range from parochial schoolteachers to church music directors, cannot assert Title VII race or sex discrimination claims against their religious employers--regardless of whether or not religious belief motivated the discrimination. Lower courts and commentators assert that the right of church autonomy created by the religion clauses requires this result, but the Supreme Court has never blessed (nor rejected) it. This Article argues there is no place for the ministerial exemption under the Supreme Court's current …
Strike Or Dismiss: Interpretation Of The Bapcpa 109(H) Credit Counseling Requirement, Joseph Satorius
Strike Or Dismiss: Interpretation Of The Bapcpa 109(H) Credit Counseling Requirement, Joseph Satorius
Fordham Law Review
No abstract provided.
The Machine Gun Statute: Its Controversial Past And Possible Future, Leslie Wepner
The Machine Gun Statute: Its Controversial Past And Possible Future, Leslie Wepner
Fordham Law Review
No abstract provided.
A Tribute To The Fordham Judiciary: A Century Of Service, Constantine N. Katsoris
A Tribute To The Fordham Judiciary: A Century Of Service, Constantine N. Katsoris
Fordham Law Review
No abstract provided.
New Dimensions Of Citizenship, Editors' Forward
New Dimensions Of Citizenship, Editors' Forward
Fordham Law Review
No abstract provided.
Engagements Across National Borders, Then And Now, Nancy Foner
Engagements Across National Borders, Then And Now, Nancy Foner
Fordham Law Review
No abstract provided.
Birthright Citizenship And The Alien Citizen, Mae M. Ngai
Birthright Citizenship And The Alien Citizen, Mae M. Ngai
Fordham Law Review
No abstract provided.
Against Citizenship As A Predicate For Basic Rights, David D. Cole
Against Citizenship As A Predicate For Basic Rights, David D. Cole
Fordham Law Review
No abstract provided.
Citizenship Undone, Leti Volpp
Father Charles Whelan: A Career In The Service Of Others, William Michael Treanor
Father Charles Whelan: A Career In The Service Of Others, William Michael Treanor
Fordham Law Review
No abstract provided.
The Fit Dimension, Abner S. Greene
Valuing Autonomy, Youngjae Lee
Process Theory, Majoritarianism, And The Original Understanding, William Michael Treanor
Process Theory, Majoritarianism, And The Original Understanding, William Michael Treanor
Fordham Law Review
No abstract provided.
Minimalism, Perfectionism, And Common Law Constitutionalism: Reflections On Sunstein's And Fleming's Efforts To Find The Sweet Spot In Constitutional Theory, Benjamin C. Zipursky
Minimalism, Perfectionism, And Common Law Constitutionalism: Reflections On Sunstein's And Fleming's Efforts To Find The Sweet Spot In Constitutional Theory, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
The Bright Line Of Rapanos: Analyzing The Plurality's Two-Part Test, Taylor Romigh
The Bright Line Of Rapanos: Analyzing The Plurality's Two-Part Test, Taylor Romigh
Fordham Law Review
No abstract provided.
Managing Electronic Discovery: Views From The Judges, Lee H. Rosenthal, James C. Francis, Daniel J. Capra
Managing Electronic Discovery: Views From The Judges, Lee H. Rosenthal, James C. Francis, Daniel J. Capra
Fordham Law Review
No abstract provided.
Preliminary Injunctions: In Defense Of The Merits, John Leubsdorf
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
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
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
Nonprofit Law, Economic Challenges, And The Future Of Charities: Introduction, Linda Sugin
Fordham Law Review
No abstract provided.