Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (38)
- Law and Society (34)
- Legal Profession (27)
- Law and Race (26)
- Intellectual Property Law (23)
-
- Constitutional Law (20)
- Criminal Law (17)
- Law and Gender (16)
- Sexuality and the Law (14)
- State and Local Government Law (13)
- International Law (9)
- Fourteenth Amendment (8)
- Administrative Law (7)
- Civil Procedure (7)
- Bankruptcy Law (6)
- Securities Law (6)
- Business Organizations Law (5)
- Courts (5)
- Criminal Procedure (5)
- Family Law (5)
- Judges (5)
- Legislation (5)
- Immigration Law (4)
- Jurisprudence (4)
- National Security Law (4)
- Science and Technology Law (4)
- Banking and Finance Law (3)
- Business (3)
- Internet Law (3)
- Keyword
-
- Race (25)
- International Law (23)
- Equality (17)
- Diversity (16)
- Gender (16)
-
- Inclusion (16)
- Culture (15)
- Equity (15)
- Government (13)
- Constitution (11)
- Corruption (10)
- Human Rights (9)
- Choice (7)
- Gay marriage (7)
- History (7)
- Marriage (7)
- Marriage equality (7)
- Obergefell (7)
- Originalism (7)
- Right to marry (7)
- Same sex (7)
- Same sex marriage (7)
- Supreme Court (7)
- Bankruptcy (6)
- Copyright (6)
- Crime (6)
- International law (6)
- Interpretation (6)
- Textualism (6)
- Memoriam (5)
- Publication
- Publication Type
Articles 61 - 90 of 234
Full-Text Articles in Law
Environmental Justice Reimagined Through Human Security And Post-Modern Ecological Feminism: A Neglected Perspective On Climate Change, Linda A. Malone
Environmental Justice Reimagined Through Human Security And Post-Modern Ecological Feminism: A Neglected Perspective On Climate Change, Linda A. Malone
Fordham International Law Journal
The modern feminist and environmental movements were given birth in the same decade, and both reached a critical developmental stage in the 1980s. The full extent of their relevance to each other was briefly explored in the 1990s in very limited legal literature, consisting primarily of three articles that began to explore the concept of ecological feminism, or “ecofeminism.” Since the mid-1990s, however, ecofeminism has largely been left to examination and study by sociologists with virtually no contribution from legal academics or environmental professionals. The point of this study is to demonstrate that it would be a missed opportunity not …
"One Exam Determines One's Life": The 2014 Reforms To The Chinese National College Entrance Exam, Amy Burkhoff
"One Exam Determines One's Life": The 2014 Reforms To The Chinese National College Entrance Exam, Amy Burkhoff
Fordham International Law Journal
This Note first outlines the history of the hukou system in China before and after the major economic reform of 1978. Second, this Note outlines the specific institutional barriers that migrant children face when accessing compulsory, secondary, and tertiary education, with a specific focus on the hukou system. Third, this Note analyzes the goals and content of China’s State Council’s opinion released on September 4, 2014 suggesting a reform to the gaokao system intended to alleviate the institutional barriers to education. Finally, this Note argues that first, the State Council’s suggested reform directly addresses only one of the multiple institutional …
When Is Cross-Border Insolvency Recognition Manifestly Contrary To Public Policy, Michael A. Garza
When Is Cross-Border Insolvency Recognition Manifestly Contrary To Public Policy, Michael A. Garza
Fordham International Law Journal
This Comment argues that the Public Policy Exception of Chapter 15 should be invoked only as a last resort and that, going forward, courts should engage in an analysis of § 1506 only when no other provision in Chapter 15 supports a decision to deny relief. To promulgate this argument and to clarify the public policy exception under the Model Law and Chapter 15, this Comment proceeds in three parts. First, Part I examines various public policy exceptions found in the law, including Article 6 of UNCITRAL’s Model Law on Cross-Border Insolvency, nations adopting Article 6 of the Model Law …
Introduction: Symposium On Eu Law Developments In Honor Of Professor Pieter Jan Kujiper, Roger J. Goebel
Introduction: Symposium On Eu Law Developments In Honor Of Professor Pieter Jan Kujiper, Roger J. Goebel
Fordham International Law Journal
No abstract provided.
Transfer Pricing Rules And State Aid, Richard Lyal
Transfer Pricing Rules And State Aid, Richard Lyal
Fordham International Law Journal
The purpose of this Essay is to place in context the four investigations currently open in relation to tax rulings on transfer pricing and to explore the manner in which proceedings of this kind may serve to correct abuses in international taxation practice.
Civil Society Contributions To Inclusive Climate Cooperation, Elizabeth Burleson
Civil Society Contributions To Inclusive Climate Cooperation, Elizabeth Burleson
Fordham International Law Journal
Engagement among States and decentralized, creative problem solvers can enhance the requisite cooperation to pick up the pace of solution implementation to match the rate of climate change. Global organizing capability, information sharing and innovation have enmeshed governments and civil society into new governance relationships. Technology has facilitated this process for many, but the hardware and software that has led to social networking is only a fraction of the story of dynamic, inclusive cooperation. Citizen sector actors hold both destructive and constructive capacity exceeding that of any previous era. While many remain overwhelmed by the scope of climate instability, members …
Filling The Gaps In Canada's Climate Change Strategy: "All Litigation, All The Time…"?, Cameron Jefferies
Filling The Gaps In Canada's Climate Change Strategy: "All Litigation, All The Time…"?, Cameron Jefferies
Fordham International Law Journal
This Article is organized into five parts. Part I situates Canada’s climate change experience. In Part II, Canada’s regulatory response to climate change and its gaps are positioned within a troubling ongoing federal retreat from the environmental arena that seems to favor resource extraction and export. Parts III to V discuss the possibility for increased human rights-based climate litigation in the Canadian context—even in light of past failures—and consider an emerging public law approach. The Article concludes by commenting on the prospect of the climate change problem playing out in Canadian courts.
The (Inter)Natioanl Strategy: An Ivory Trade Ban In The United States And China, Morgan V. Manley
The (Inter)Natioanl Strategy: An Ivory Trade Ban In The United States And China, Morgan V. Manley
Fordham International Law Journal
This Note argues that a near-complete ban in ivory trade not only raises difficult domestic legal issues, but also does little to stop elephant poaching in Africa. Further, enacting a similar ban in China is not only unrealistic, but also would increase the illegal trade and, therefore, the slaughter of elephants in Africa. Part I explains the history of illegal ivory trade and describes the current legal environments in the United States and China. Part II presents the domestic legal and policy implications of an ivory ban, and analyzes the potential difficulties with implementing a similar ban in China. Part …
The European Union And The United Nations Convention On The Law Of The Sea, Esa Paasivirta
The European Union And The United Nations Convention On The Law Of The Sea, Esa Paasivirta
Fordham International Law Journal
This Essay comments on EU participation in UNCLOS and its implementation. It addresses first the nature of the EU as a contracting party and outlines the modalities for its participation. It then reviews the international implementation of the UNCLOS obligations and the implementation/status of the Convention under EU law.
Caultron Of Unwisdom: The Legislative Offensive On Insidious Foreign Influence In The Third Term Of President Vladimir V. Putin, And Iccpr Recourse For Affect Civil Advocates, Thomas M. Callahan
Caultron Of Unwisdom: The Legislative Offensive On Insidious Foreign Influence In The Third Term Of President Vladimir V. Putin, And Iccpr Recourse For Affect Civil Advocates, Thomas M. Callahan
Fordham International Law Journal
Part I discusses Russian and international statutory law. It briefly outlines the structure of the government of the Russian Federation and discusses relevant articles of its Constitution. It then illustrates the legislative trend in question by discussing select legislation passed and proposed during President Putin’s third term that seeks to restrict non-Russian influence in Russian society. Part I closes with a discussion of Russia’s international human rights obligations, and the international redress available to Russian nationals affected by the laws in question. Part II considers the practical application of the laws discussed in Part I. This includes an examination of …
An International Legal Framework For Se4all: Human Rights And Sustainable Development Law Imperatives, Thoko Kaime, Robert L. Glicksman
An International Legal Framework For Se4all: Human Rights And Sustainable Development Law Imperatives, Thoko Kaime, Robert L. Glicksman
Fordham International Law Journal
This Article examines the genesis and context of SE4All, placing the effort within both its historical and international policy contexts. It highlights the voluntary nature of the initiative and argues that its effective implementation and the achievement of its goals require the articulation of an applicable international legal framework that aids the transformation of SE4All’s policy actions into binding international legal commitments. The article contends that such a transformation does not depend on the creation of entirely new legal rules or institutions. Instead, an effective framework for successful implementation of SE4All can be derived from existing rules of international human …
Opinion 2/13 On Eu Accession To The Echr And Judicial Dialogue: Autonomy Or Autarky, Piet Eeckhout
Opinion 2/13 On Eu Accession To The Echr And Judicial Dialogue: Autonomy Or Autarky, Piet Eeckhout
Fordham International Law Journal
This Essay joins the chorus of criticism, but also aims to deepen some of the analysis, as well as focusing it on wider questions of judicial dialogue and autonomy. Where relevant for the purpose of its critique, the Essay also refers to the View of Advocate General Kokott, which is generally much more positive in tone—even if it also finds fault with some of the provisions of the Accession Agreement. It starts with an attempt to give some basic meaning to the dialogue concept, on which it may be possible to find some agreement. The argument is that, at a …
"Europe Isn't Working In Europe": Reform And Modernisation Of The European Welfare State In The Wake Of The Economic Crisis, Erika Szyszczak
"Europe Isn't Working In Europe": Reform And Modernisation Of The European Welfare State In The Wake Of The Economic Crisis, Erika Szyszczak
Fordham International Law Journal
The first section analyses the European commitment to a welfare state in the light of the creation of an Internal Market and the economic crisis. The second section addresses how the EU has set about the reform and modernisation of public finances in response to the economic crisis. The third part analyses how the EU is balancing a modernisation agenda of reforming public services with a tougher agenda on reforming public finances. This section is followed by a specific case study of the modernisation of the procurement and financing of public services.
Who Owns The Scythian Gold? The Legal And Moral Implications Of Ukraine And Crimea's Cultural Dispute, Maria Nudelman
Who Owns The Scythian Gold? The Legal And Moral Implications Of Ukraine And Crimea's Cultural Dispute, Maria Nudelman
Fordham International Law Journal
This Note analyzes respective legal arguments that Ukraine and the Crimean museums can make to prove ownership of the objects. Part I establishes several elements key to the subsequent discussion, including the political and historical background of this dispute, the relevant laws on a national and international level, and the role of ethics and morality in the field of cultural heritage laws generally. Part II will consider relevant cultural heritage case studies, including treaties that divided cultural property after countries broke apart, the Thailand-Cambodian border dispute and the temple of Preah Vihear, and cases involving Soviet nationalized art. Past case …
Originalism As Thin Description: An Interdisciplinary Critique, Saul Cornell
Originalism As Thin Description: An Interdisciplinary Critique, Saul Cornell
Res Gestae
My essay was intended as a critique of originalism from the perspective of intellectual history. I pointed out that originalism lacked a rigorous empirical method for analyzing what texts meant in the past. I suppose in some sense it is flattering that Solum has devoted much of his recent article to an attack on my earlier essay. Of course, flattery aside, it would have been more useful if Solum had stated my thesis correctly. For purposes of clarity, I have juxtaposed Solum’s description of my argument with what my essay actually said. Readers will be able to judge for themselves …
Stein Center News - June 2015, Stein Center For Law And Ethics
Stein Center News - June 2015, Stein Center For Law And Ethics
Stein Center News
No abstract provided.
Stein Center For Law And Ethics Annual Report 2014 To 2015, Sherri Levine
Stein Center For Law And Ethics Annual Report 2014 To 2015, Sherri Levine
Annual Reports
No abstract provided.
Neutrality 2.0: The Broadband Transition To Transparency, Justin S. Brown, Andrew W. Bagley
Neutrality 2.0: The Broadband Transition To Transparency, Justin S. Brown, Andrew W. Bagley
Fordham Intellectual Property, Media and Entertainment Law Journal
During the last decade, broadband deployment, speed and utility have increased, allowing the public to engage in new forms of social media, user-generated content, voice and video calling, citizen journalism and accessing audio and video streams supplied by edge providers like Pandora and Netflix. Concurrently, during this same period, concerns over open access and network neutrality have focused on whether broadband service providers may be regulated, ostensibly to which degree may they have control over their networks and face common carrier obligations, even if they do not fall under the classification of telecommunications services . To help clarify these issues, …
The Essential Facilities Doctrine In Information Economies: Illustrating Why The Antitrust Duty To Deal Is Still Necessary In The New Economy, Maxwell Meadows
The Essential Facilities Doctrine In Information Economies: Illustrating Why The Antitrust Duty To Deal Is Still Necessary In The New Economy, Maxwell Meadows
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Biometric Boom: How The Private Sector Commodifies Human Characteristics, Elizabeth M. Walker
Biometric Boom: How The Private Sector Commodifies Human Characteristics, Elizabeth M. Walker
Fordham Intellectual Property, Media and Entertainment Law Journal
Biometric technology has become an increasingly common part of daily life. Although biometrics have been used for decades, recent ad- vances and new uses have made the technology more prevalent, particu- larly in the private sector. This Note examines how widespread use of biometrics by the private sector is commodifying human characteristics. As the use of biometrics has become more extensive, it exacerbates and exposes individuals and industry to a number of risks and problems asso- ciated with biometrics. Despite public belief, biometric systems may be bypassed, hacked, or even fail. The more a characteristic is utilized, the less value …
The Enigma Of Photography, Depiction, And Copyright Originality, Terry S. Kogan
The Enigma Of Photography, Depiction, And Copyright Originality, Terry S. Kogan
Fordham Intellectual Property, Media and Entertainment Law Journal
Photography is an enigma. The features that distinguish it most from other art forms — the camera’s automatism and the photograph’s verisimilitude — have throughout its history also provided the basis for critics to claim that a photographer is not an artist nor the photograph a work of art. Because every photograph is the product of an automatic, mechanical device, critics argue that a photographer is a mere technician relegated to clicking a shutter button. Moreover, because every photograph displays an exact likeness of whatever happened to be sitting before the camera, critics consider that image to be a factual …
“I Have A [Fair Use] Dream”: Historic Copyrighted Works And The Recognition Of Meaningful Rights For The Public, Arlen W. Langvardt
“I Have A [Fair Use] Dream”: Historic Copyrighted Works And The Recognition Of Meaningful Rights For The Public, Arlen W. Langvardt
Fordham Intellectual Property, Media and Entertainment Law Journal
Dr. Martin Luther King wrote and delivered his famous “I Have a Dream” speech more than fifty years ago. When he obtained copyright protection on the speech in 1963, Dr. King (and later his estate) would have expected the copyright to last a maximum of fifty-six years. That fifty-six-year copyright has become a ninety-five-year copyright, thanks to lengthy duration extensions enacted by Congress in the mid-1970s and late 1990s. As a result, the copyright on the “I Have a Dream” speech will not expire until the end of 2058. Because the Estate of Martin Luther King, Jr., Inc. and its …
Taking Back The Streets? How Street Art Ordinances Constitute Government Takings, Sheldon A. Evans
Taking Back The Streets? How Street Art Ordinances Constitute Government Takings, Sheldon A. Evans
Fordham Intellectual Property, Media and Entertainment Law Journal
As street art continues to fuel a generation of counterculture and gains popularity in pop culture, laws enacted by local governments to curb this art form raise interesting constitutional issues surrounding the Fifth Amendment’s Takings Clause. More and more cities across Amer- ica are classifying street art and graffiti as public nuisances. Such mu- nicipalities impose their agenda on private property owners with street art ordinances. These laws allow the government to come onto private property to remove the street art; some laws go even further by requiring the property owner to remove the street art at his own cost. …
The New Plague: False Claims Liability Based On Inequitable Conduct During Patent Prosecution, Gregory Michael, William J. Newsom, Matthew Avery
The New Plague: False Claims Liability Based On Inequitable Conduct During Patent Prosecution, Gregory Michael, William J. Newsom, Matthew Avery
Fordham Intellectual Property, Media and Entertainment Law Journal
In January 2009, Amphastar Pharmaceuticals filed a first of its kind qui tam suit on behalf of the federal government and several states alleging that its competitor, Aventis Pharma, violated the Federal False Claims Act (FCA) when it fraudulently acquired a patent and then overcharged the government for its patented drug. By utilizing a fraudulently acquired patent to elevate the price of Lovenox, a drug for treating deep-vein thrombosis, Amphastar alleged that Aventis had overcharged the government for every Lovenox pill purchased with government funds, including all prescriptions funded in part by Medicare or other federal insurance programs. The FCA …
Cracking The One-Way Mirror: How Computational Politics Harms Voter Privacy, And Proposed Regulatory Solutions, Kwame N. Akosah
Cracking The One-Way Mirror: How Computational Politics Harms Voter Privacy, And Proposed Regulatory Solutions, Kwame N. Akosah
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Toward A Fair Use Standard Turns 25: How Salinger And Scientology Affected Transformative Use Today, Benjamin Moskowitz
Toward A Fair Use Standard Turns 25: How Salinger And Scientology Affected Transformative Use Today, Benjamin Moskowitz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Bankruptcy Abuse Prevention And Consumer Protection Act: An Empirical Examination Of The Act's Business Bankruptcy Effects, Foteini Teloni
The Bankruptcy Abuse Prevention And Consumer Protection Act: An Empirical Examination Of The Act's Business Bankruptcy Effects, Foteini Teloni
SJD Dissertations
This paper uses a multivariate logistic regression model to examine empirically and quantify for the first time the effect of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) on the Chapter 11 landscape. Two samples are tested: a general sample consisting of firms from various corporate sectors, and a sample consisting only of retailers. Both studies show that the 2005 amendments had a statistically significant effect on traditional Chapter 11 practice. In particular, post-BAPCPA we observe a rise in rapid dispositions through the form of a sale of all or substantially all debtor assets. Indeed, in the post-amendments era, …
Chapter 11 Duration, Preplanned Cases, And Refiling Rates: An Empirical Analysis In The Post-Bapcpa Era, Foteini Teloni
Chapter 11 Duration, Preplanned Cases, And Refiling Rates: An Empirical Analysis In The Post-Bapcpa Era, Foteini Teloni
SJD Dissertations
This article empirically examines and quantifies the effect of the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) on three distinct aspects of the Chapter 11 process: a) the duration of traditional Chapter 11 cases; b) the use of prepackaged and prenegotiated bankruptcies; and c) debtor refiling rates. The sample studied consists of companies with more than $100 million in assets that both filed for and exited Chapter 11 between 1997 and 2014. BAPCPA is found to be associated with shorter Chapter 11 case duration, and an increased use of prepackaged and prenegotiated bankruptcies. Additionally, BAPCPA is found to be …
Preserving Value In The Post-Bapcpa Era — An Empirical Study, Foteini Teloni
Preserving Value In The Post-Bapcpa Era — An Empirical Study, Foteini Teloni
SJD Dissertations
Through the use of a multivariate regression model, this article studies the effect on debtor reorganization values of the shortened reorganization timeframe imposed by the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”). The study shows that BAPCPA is positively correlated at a statistically significant level with higher reorganization recoveries. This result is attributed to the increased proportion of prepackaged and prenegotiated bankruptcies observed in the post-2005 era, as these “fast-track” bankruptcy cases entail lower costs and better preserve the firm’s value.
Commuting Life Without Parole Sentences: The Need For Reason And Justice Over Politics, Jing Cao
Commuting Life Without Parole Sentences: The Need For Reason And Justice Over Politics, Jing Cao
SJD Dissertations
In the last thirty years, life without parole (LWOP) sentences have flourished in the United States. Of course the very reason for a LWOP sentencing scheme is to incarcerate the convicted defendant until death. But under the Pardon Clause of the Constitution, as well as under state laws granting the Governor the pardoning power, inmates serving LWOP sentences might be eligible for early release by commutations. On the one hand, the possibility of clemency could be regarded as an impermissible loophole that could be used on a case-by-case basis to undermine the certainty of a LWOP sentencing system. On the …