Law Commons^™

"Federalizing" Immigration Law: International Law As A Limitation On Congress's Power To Legislate In The Field Of Immigration, Shayana Kadidal

Fordham Law Review

No abstract provided.

The Role Of International Bodies In Influencing U.S. Policy To End Violence Against Women, Lenora M. Lapidus

Fordham Law Review

No abstract provided.

The Four Freedoms: Good Neighbors Make Good Law And Good Policy In A Time Of Insecurity, Mark R. Shulman

Fordham Law Review

No abstract provided.

Getting Beyond The Crossfire Phenomenon: A Militant Moderate's Take On The Role Of Foreign Authority In Constitutional Interpretation, Melissa A. Waters

Fordham Law Review

No abstract provided.

Lower Courts And Constitutional Comparativism, Roger P. Alford

Fordham Law Review

No abstract provided.

Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel

Fordham Law Review

No abstract provided.

The Corporate Governance And Public Policy Implications Of Activist Distressed Debt Investing, Michelle M. Harner

Fordham Law Review

Activist institutional investors traditionally have invested in a company's equity to try to influence change at the company. Some of these investors, however, are now purchasing a company's debt for this same purpose. They may seek to change a company's management and board personnel, operational strategies, asset holding, or capital structure. The Chapter 11 bankruptcy cases of Allied Holdings, Inc. and its affiliates exemplify the stategies of activist distressed debt investors. In the Allied cases, Yucaipa Companies, a distressed debt investor, puchased approximately 66% of Allied's outstanding general unsecured bond debt. Yucaipa used this debt position to exert significant influence …

Givings And The Next Copyright Deferment, Lindsay Warren Bowen, Jr.

Fordham Law Review

In 1998, Congress granted a twenty-year deferment to expiring copyrights with the Copyright Term Extension Act (CTEA). Ten years later, debate over the Act's wisdom continues unabated. Major camps in the debate view the CTEA variously as a constitutional prerogative, an economic imperative, and a war on cultural freedom. This Note sidesteps this underlying debate, and, borrowing the property law concept of "givings," examines the result of charging for future copyright deferments. Under this analysis, a givings-based solution would force unproductive copyrights into the public domain faster and more effectively than current approaches, while protecting the most important assets of …

The New Antifraud Rule: Is Sec Enforcement The Most Effective Way To Protect Investors From Hedge Fund Fraud?, Kathleen E. Lange

Fordham Law Review

Hedge Funds have consistently grown in both size and influence. Traditionally, hedge funds escaped regulation because access was limited to the wealthy and sophisticated. However, due to inflation, the wealth threshold has become more attainable to less sophisticated investors. Also, an increasing number of pension funds and other institutional investors have begun to invest a significant portion of their money in hedge funds. This increased growth, combined with the "retailization" of the industry, has led to concern over whether investors are adequately protected from the corresponding growth in hedge fund fraud. This Note argues that, absent new legislation, the SEC …

Assessing Fourth Amendment Challenges To Dna Extraction Statutes After Samson V. California, Charles J. Nerko

Fordham Law Review

DNA plays an indespensable role in modern law enforcement, and courts uniformly find that DNA extraction statutes targeting criminals satisfy the Fourth Amendment. Courts differ on which Fourth Amendment test--totality of the circumstances or special needs--ought to be employed in this context. This Note concludes the courts should apply Samson v. California's less stringent totality of the circumstances test to analyze DNA extraction statutes in order to maintain the integrity of the special needs test.

Intentional Sex Torts, Deana Pollard Sacks

Fordham Law Review

Intentional tort law generally protects personal autonomy and self-determination vigorously by requiring fair disclosure before consent to physical contact is considered voluntary and valid. A glaring exception exists regarding consent to sexual relations. Although American law historically has provided remedies for fraudulent or other tortious inducement of sexual relations, current sex tort jurisprudence offers virtually no protection. The law’s contemporary “caveat emptor” approach to cases of sexual autonomy infringement is inappropriate because it departs from fundamental principles of intentional tort doctrine. In addition, the current law supports a “false” norm that sexual misappropriation is acceptable. Current law fails to protect …

Sentencing Luxury: The Valuation Debate In Sentencing Traffickers Of Counterfeit Luxury Goods, Jana Nicole Checa Chong

Fordham Law Review

This Note examines the contentious debate that exists regarding the property valuation used by the U.S. Sentencing Guidelines with regard to counterfeiting. Currently, the Sentencing Guidelines employ “street value.” However, many scholars and organizations argue that the alternative use of “retail value” will best assess the harm to the intellectual property owner as well as combat the growing problem of counterfeiting. This Note suggests that amending the Sentencing Guidelines, in order to allow for application of “retail value,” will best combat a growing national and international problem posed by the counterfeit luxury goods market.

Proper Assertion Of The Deliberative Process Privilege: The Agency Head Requirement, Shilpa Narayan

Fordham Law Review

Can any employee of an executive agency assert the deliberative process privilege in order to withhold information in response to a valid request? This Note examines the agency head requirement for assertion of the deliberative process privilege and concludes that only executive officials possessing policy-making authority may invoke the privilege. Such privilege determinations must come from a policy-making official in order to curb abuse and maintain the integrity of executive decisions. Recognition of such a policy-making distinction with regard to the agency head requirement will serve both the Executive’s and the public’s interest in ensuring effective governance.

Business Profits (Article 7 Oecd Model Convention), Reuven S. Avi-Yonah, Kimberly A. Clausing

Book Chapters

The 2006 OECD Report on attribution of profits to permanent establishments states that its recommendation "was not constrained by either the original intent or by the historical practice and interpretation of Article 7." Moreover, the Report recommends a redrafting of both the Article itself and the Commentary. Given this, it seems appropriate to begin by asking: If we were working on a clean slate, what would be the best way to tax MNEs at source in the light of 21st century business practices? The beginning point has to be that a modern MNE does not operate as if its constituent …

Social Science And The Evolving Standards Of Death Penalty Law, Samuel R. Gross, Phoebe C. Ellsworth

Book Chapters

Unlike many of the topics covered in this book, death penalty litigation involves a wide variety of empirical issues. The Eighth Amendment of the U.S. Constitution provides that "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted." But what is a "cruel and unusual punishment?" It could be a punishment that is morally unacceptable to the American people, like cutting off noses or hands. Following the other clauses of the amendment, it could be a punishment that is excessive, in that a lesser penalty would achieve the same ends. For example, if a …

A Multilateral Solution For The Income Tax Treatment Of Interest Expenses, Michael J. Graetz

Faculty Scholarship

Recent developments – including greater taxpayer sophistication in structuring and locating international financing arrangements, increased government concerns with the role of debt in sophisticated tax avoidance techniques, and disruption by decisions of the European Court of Justice of member states' regimes limiting interest deductions – have stimulated new laws and policy controversies concerning the international tax treatment of interest expenses. National rules are in flux regarding the financing of both inbound and outbound transactions.

Heretofore, the question of the proper treatment of interest expense has generally been looked at from the perspective of either inbound or outbound investment. As a …

Decisions About Coercion: The Corporate Attorney-Client Privilege Waiver Problem, Daniel C. Richman

Faculty Scholarship

For almost a decade, law reviews and hearing rooms have resounded with cogent arguments that, for corporations at least, the attorney-client privilege has been chilled, eroded, attacked, or even killed by the federal government's misuse of its bargaining leverage. Yet it is unclear whether this rhetoric is overstated or understated. Given that most federal criminal defendants plead guilty, and that an extraordinarily large percentage of them provide information and testimony against others in order to avoid harsh sentences (or to avoid being charged at all), one could as easily say that the Fifth and Sixth Amendments to the U.S. Constitution …

Vol. 11, No. 2: Editor's Note, Amy Petri Beard

Water Law Review

No abstract provided.

Vol. 11, No. 2: Table Of Contents, Water Law Review

Water Law Review

No abstract provided.

Vol. 11, No. 2: Front Matter, Water Law Review

Water Law Review

No abstract provided.

Groundwater And International Law: The Need For Specific Regulation, Nora R. Pincus

Water Law Review

No abstract provided.

Water Inter-Faces, Gregory J. Hobbs

Water Law Review

No abstract provided.

Harmonizing Management Of Ground And Surface Water Use Under Eastern Water Law Regimes, Timothy R. Weston

Water Law Review

No abstract provided.

The Watershed Economy: Legal Challenges Facing The Tijuana River, Peter Smith

Water Law Review

No abstract provided.

Indian Peaks, Gregory J. Hobbs

Water Law Review

No abstract provided.

Vol. 11, No. 2: Dedication, Gregory J. Hobbs

Water Law Review

No abstract provided.

Long Walk Back, Gregory J. Hobbs

Water Law Review

No abstract provided.

Missouri River Convocation, Gregory J. Hobbs

Water Law Review

No abstract provided.

Mug House, Gregory J. Hobbs

Water Law Review

No abstract provided.

Determining Water Quality Standards On Tribal Reservations: A Cooperative Approach To Addressing Water Quality Under The Clean Water Act, Maria E. Hohn

Water Law Review

No abstract provided.