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Full-Text Articles in Law
Big Six Accounting Firms Shop Worldwide For Law Firms: Why Multi-Discipline Practices Should Be Permitted In The United States, Gianluca Morello
Big Six Accounting Firms Shop Worldwide For Law Firms: Why Multi-Discipline Practices Should Be Permitted In The United States, Gianluca Morello
Fordham International Law Journal
This Note explores the controversy surrounding MDPs. Part I surveys the legal activities of the Big Six accounting firms. Part I then analyzes the current U.S. ethics rules governing law firm ownership, examines proposed U.S. ethics rules that were never adopted, and discusses other U.S. ethics rules related to the practice of MDPs. In addition, Part I studies England's treatment of law firm ownership and MDPs. Finally, Part I offers other reasons for the restrictive rules governing law firm ownership. Part II investigates the arguments in favor of and against MDPs. Part III argues that the current ethics rules permit …
Perspectives On Global Capital Markets, Paul A. Volcker
Perspectives On Global Capital Markets, Paul A. Volcker
Fordham International Law Journal
Paul A. Volcker's opening remarks for "The Global Capital Market: What's Next?" Mr. Vocker introduces a discussion on globalization and whether the changes that globalization has made in economic policy will have long-term viability.
Combatting India's Heroin Trade Through Anti-Money Laundering Legislation, Kavita Natarajan
Combatting India's Heroin Trade Through Anti-Money Laundering Legislation, Kavita Natarajan
Fordham International Law Journal
This Note discusses the history behind the global war on drug-related money laundering, and India's efforts at joining the movement. Part I will describe the nature of money laundering as well as various international and national attempts to combat it. Part II will explore arguments for and against India's use of anti-money laundering legislation as a method of controlling the growing heroin trade. The Note concludes that it is imperative that India implement a comprehensive anti- money laundering regime, which includes compliance programs and bilateral and multilateral agreements on mutual legal assistance in order to suppress its growing heroin trade.
Recent Developments In Bulgarian Transport Privatization Policy, Wilhelm Kraus
Recent Developments In Bulgarian Transport Privatization Policy, Wilhelm Kraus
Fordham International Law Journal
Expanding Bulgaria’s political, economic, and cultural cooperation with the countries of Asia is a major priority of the Bulgarian government policy. Transport plays a key role in the implementation of this priority both by providing the necessary conditions for international transit traffic and by meeting the needs of the Bulgarian economy and population. Structural reform in transport to a great extent depends on a sustainable investment policy. At present, prevailing conditions are likely to attract investments, especially to the airports of Sofia and Bourgas. In recent years, the Bulgarian State Railways (“BDZh”) has lagged behind in its development in comparison …
A View Of Energy From The Private Financial Sector, Irene King
A View Of Energy From The Private Financial Sector, Irene King
Fordham International Law Journal
Speech given at Session 3: Challenge Facing Resource Development. Ms. King focused on some of the uncertainties, changes, risks, and opportunities from the viewpoint of the private financial sector, again with regard to energy. She also highlighted some of the uncertainties in the specific sectors. And there are big differences between electricity and natural gas, on one hand, and oil, on the other.
Session 3: Challenge Facing Resource Development: Questions And Answers Moderated By Emilio J. Cárdenas, Irene King, Robin G. Adams
Session 3: Challenge Facing Resource Development: Questions And Answers Moderated By Emilio J. Cárdenas, Irene King, Robin G. Adams
Fordham International Law Journal
No abstract provided.
Closing Remarks, John Salter
Closing Remarks, John Salter
Fordham International Law Journal
This closing remark conatins the text of John Salter's speech closing the conference organized by the Human Rights Institute to commemorate the Fiftieth Anniversary Celebration of the International Bar Association.
Foreign Policy Interests Of Ukraine And Problems Of European Security, Anatoliy M. Zlenko
Foreign Policy Interests Of Ukraine And Problems Of European Security, Anatoliy M. Zlenko
Fordham International Law Journal
This Essay touches upon only the most sensitive problems of ensuring Ukraine's foreign policy and national security interests in the new geopolitical environment on the European continent. Obviously, the spectrum of issues related to the subject of this Essay is much more complex and has especially complex solutions. The European component of Ukraine's foreign policy, while extremely important, is not a substitute for Ukraine's other foreign and domestic policy measures regarding the strengthening of national security, the successful implementation of socio-economic reforms, and the building of a market oriented democratic model of national development.
Easdaq: Europe's Stock Market For Growth Companies, Stanislas Yassukovich
Easdaq: Europe's Stock Market For Growth Companies, Stanislas Yassukovich
Fordham International Law Journal
Speech given at Session 1: The Global Capital Market: What's Next. Mr. Yassukovich spoke about EASDAQ, which is an entirely new venture which has been going only six months. He tried to put it into the context of some of the issues that were discussed at the conference.
Role Of Judges And Lawyers In Defending The Rule Of Law, Adama Dieng
Role Of Judges And Lawyers In Defending The Rule Of Law, Adama Dieng
Fordham International Law Journal
Speech given at Session 4: The Legal Profession and Human Rights. Adama Dieng discusses the rule of law, the threats arrayed against independent judicial branches, and, finally, how to guard the protection of lawyers and the independence of the judiciary as a condition for a rule of law.
Romania: Euro-Atlantic Integration And Economic Reform, Mircea Geoana
Romania: Euro-Atlantic Integration And Economic Reform, Mircea Geoana
Fordham International Law Journal
The importance of President Clinton's visit to Bucharest goes far beyond the symbolism represented by the first visit of an American president to a free and democratic Romania. "Euro-Atlantic integration" does not start when a country states its commitment to being a candidate for North Atlantic Treaty Organization ('NATO') or European Union ('EU') membership and does not end with the moment of accession. Among Central European nations, accession to NATO has enjoyed the greatest public support in Romania. Romania's integration into the European Union is the other foreign policy goal that, together with accession to NATO, is considered indispensable to …
In Defense Of The Human, Joseph A. O'Hare S.J.
In Defense Of The Human, Joseph A. O'Hare S.J.
Fordham International Law Journal
The President of Fordham University introduces this book by discussing the dedication to Mother Teresa and comments on her life's work.
Globalization Of Capital Markets, Richard A. Grasso
Globalization Of Capital Markets, Richard A. Grasso
Fordham International Law Journal
Speech given at Session 1: The Global Capital Market: What's Next. Richard Grasso spoke about the exciting changes that are transforming the global capital markets, particularly as seen from the perspective of 11 Wall Street. He also gave a brief review of some statistics, from markets past and present to show how dramatic these changes have been.
Global Finance And Markets: What Is Next, Steven M.H. Wallman
Global Finance And Markets: What Is Next, Steven M.H. Wallman
Fordham International Law Journal
Speech given at Session 1: The Global Capital Market: What's Next. Mr. Wallman spoke about the issue of globalization and how it raises a series of questions as to the direction of our markets over the long term. In addition, he noted that we tend to separate securities issues from banking or other financial services issues too frequently. He also elaborated on the points made earlier about the convergence--both geographic and product-wise--of financial services.
Session 1: The Global Capital Market: What's Next: Questions And Answers Moderated By Meredith Brown, Richard A. Grasso
Session 1: The Global Capital Market: What's Next: Questions And Answers Moderated By Meredith Brown, Richard A. Grasso
Fordham International Law Journal
No abstract provided.
Perspectives On Global Communications, Detlef Eckert
Perspectives On Global Communications, Detlef Eckert
Fordham International Law Journal
Speech given at Session 2: World Communication: Where is Technology Leading Us? The European Commission's objective is to do our best in the European Community to support the paradigm shift from the Industrial Age to the Information Age. Mr. Eckert noted that in the past, this topic alone was the subject for a speech his. While those were interesting speeches, he focused, more or less, on the real nitty-gritty of deregulation and liberalization and how to bring those concepts into practice.
When Technology Drives Economics, David Nagel
When Technology Drives Economics, David Nagel
Fordham International Law Journal
Speech given at Session 2: World Communication: Where is Technology Leading Us? If technology is driving economics, in exactly what way is it driving it, and why is it driving it? Mr. Nagel gave an overview of exactly how fast technology is changing. He posits that it is changing so fast that instead of a quantitative change, it is appropriate to think of it as a qualitative change. More specifically, that change is leading to a fundamental transformation in the way that commerce itself is conducted.
The Effects Of Telecommunications On Business, Richard Susskind
The Effects Of Telecommunications On Business, Richard Susskind
Fordham International Law Journal
Speech given at Session 2: World Communication: Where is Technology Leading Us? In many ways it does not make much sense if, say, you are setting up a business to go to one source for your legal guidance, another source for your accounting guidance, and another source for your financial advice. It will all come together, and lawyers may indeed be the people who bring that together into multidisciplinary services, bringing together the information that people require in their real-world circumstances. We will no longer package or present our guidance in the traditional legal categories, but we will aim them …
Session 2: World Communication: Where Is Technology Leading Us?: Questions And Answers Moderated By Stewart D. White , Peter Banki, David Nagel, Detlef Eckert, Stephen A. Weiswasser
Session 2: World Communication: Where Is Technology Leading Us?: Questions And Answers Moderated By Stewart D. White , Peter Banki, David Nagel, Detlef Eckert, Stephen A. Weiswasser
Fordham International Law Journal
No abstract provided.
Challenges Facing Resource Development: Implications For Lawyers, Constance Hunt
Challenges Facing Resource Development: Implications For Lawyers, Constance Hunt
Fordham International Law Journal
Speech given at Session 3: Challenge Facing Resource Development. Our topic is the impact of globalization of resource development, with particular emphasis on trans-boundary ventures. For the purpose of my remarks, she took it as a given that we will see a continuation of the trends of the past decade or so. She focused on what these trends are likely to mean for lawyers who work in the area of resource development, whether as corporate solicitors or as private practitioners who advise resource companies.
Progress And Challenges In International Criminal Justice, Louise Arbour
Progress And Challenges In International Criminal Justice, Louise Arbour
Fordham International Law Journal
Speech given at Session 4: The Legal Profession and Human Rights. Louise Arbour discusses the differences between the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, the marriage between international law which principally governs state relationships and criminal law which governs personal conduct, and how this contributes to the development of international humanitarian law.
Federalism: Essential Concepts In Evolution - The Case Of The European Union, Koen Lenaerts
Federalism: Essential Concepts In Evolution - The Case Of The European Union, Koen Lenaerts
Fordham International Law Journal
This Article aims to examine the instrumental aspects of the European Union structure in order to elucidate the degree of federalism that it contains. The analysis considers: the status of the central authority; the constitutional embedding of the division of powers between the central authority and the component entities; the existence of mechanisms to preserve the identity of the component entities; the foundation of the constitutional order on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law; and the enforceability of the constitution.
Protecting Baywatch And Wagamama: Why The European Union Should Revise The 1989 Trademark Directive To Mandate Dilution Protection For Trademarks, William T. Vuk
Fordham International Law Journal
This Note argues that the European Union must harmonize the protection afforded trademarks against dilution, and that the European Union should adopt legislation similar to the U.S. Federal Trademark Dilution Act of 1995. Part I discusses pertinent aspects of US and EU trademark law. Part I also describes the dilution doctrine and reviews the US and EU approaches to dilution. Part II presents the debate on whether to provide trademarks protection from dilution. Part III argues that the European Union should adopt a dilution statute similar to the Lanham Act's dilution provision because dilution protection is necessary to fully protect …
The Licensing Of Foreign Legal Consultants In The United States, Carol A. Needham
The Licensing Of Foreign Legal Consultants In The United States, Carol A. Needham
Fordham International Law Journal
The focus in this Essay is on the regulations which have been adopted in the various states within the United States to recognize lawyers licensed in other countries. As the financial and commercial markets move beyond national boundaries to become global markets, lawyers practicing in the United States will increasingly be called upon to analyze and understand international law and the laws of countries outside the United States. Adopting regulations allowing foreign legal consultants to practice law will permit US lawyers to better serve their current clients. In addition, US lawyers will more easily obtain access to markets for legal …
The Ethical Implications Of The Globalization Of The Legal Profession: A Challenge To The Teaching Of Professional Responsibility In The Twenty-First Century, Mary C. Daly
Fordham International Law Journal
This Article accepts globalization as a defining characteristic of the world order of the late twentieth and the early twenty-first centuries and as a force majeure on the legal profession. It challenges the professional responsibility academy to explore the incipient structural transformations that are taking place on a macro level and to reconfigure the classic curriculum to acknowledge the ethical implications of the globalization of the legal profession.
A Case Study Of The Hybrid Model For Facilitating Cross-Border Legal Practice: The Agreement Between The American Bar Association And The Brussels Bars, Laurel S. Terry
A Case Study Of The Hybrid Model For Facilitating Cross-Border Legal Practice: The Agreement Between The American Bar Association And The Brussels Bars, Laurel S. Terry
Fordham International Law Journal
This Article will focus on the agreement (“Agreement”) between the American Bar Association (“ABA”) and the French and Dutch Orders of the Brussels Bar (“Brussels Bars”). Section I of this Article provides an overview of the different models used, or approaches to, cross-border practice and places the Agreement in context. Section II chronicles the legislative history of the Agreement, noting the process by which it was developed. Section III contains the analysis of the Agreement, comparing it to other cross-border practice regulation. Section IV addresses the implementation of the Agreement. Finally, Section V offers a summary of the strengths and …
Invoking The U.S. Attorney-Client Privilege: Japanese Corporate Quasi-Lawyers Deserve Protection In U.S. Courts Too, Jason Marin
Invoking The U.S. Attorney-Client Privilege: Japanese Corporate Quasi-Lawyers Deserve Protection In U.S. Courts Too, Jason Marin
Fordham International Law Journal
This Note discusses whether the attorney-client privilege applies to Japanese in-house legal personnel who are not members of any country's bar. Part I defines the attorney-client privilege, and explains what communications the privilege protects. Part I also compares the legal systems of Japan and the United States. Part II examines case law and commentary on the issue of applying the privilege to non-US attorneys who are not admitted to any bar. Part III argues that the arguments for applying the attorney-client privilege to non-US, non-bar in-house legal personnel are particularly effective considering the structure of the Japanese legal system. This …
Tokdo Or Takeshima? The Territorial Dispute Between Japan And The Republic Of Korea, Benjamin K. Sibbett
Tokdo Or Takeshima? The Territorial Dispute Between Japan And The Republic Of Korea, Benjamin K. Sibbett
Fordham International Law Journal
This Note analyzes Japan's and the Republic of Korea’s competing claims to Liancourt in light of traditional public international law, specifically the 1982 Convention and customary law found in past decisions by the International Court of Justice (“ICJ”) and arbitral bodies (collectively “international adjudicatory bodies”). Part I of this Note provides not only a brief historical overview on Japanese-Korean relations, but also a detailed review of relevant public international law. It outlines important provisions of the 1982 Convention, discusses widely-recognized means of territorial acquisition, and summarizes relevant decisions of international adjudicatory bodies. Part II examines each country's claim to Liancourt. …
The Status Of The Federal Republic Of Yugoslavia In The United Nations, Vladislav Jovanovic
The Status Of The Federal Republic Of Yugoslavia In The United Nations, Vladislav Jovanovic
Fordham International Law Journal
The status and position of the Federal Republic of Yugoslavia (“FRY”) in the United Nations (“UN”) is a controversial issue which has elicited many comments and articles and has cast a long shadow on the legality of the measures taken by the General Assembly (“GA”) and the Security Council (“SC”) vis-a-vis Yugoslavia. In 1992, the SC and the GA both decided that the FRY, composed of Serbia and Montenegro, could not participate in the work of the GA and its bodies. The GA further extended the prohibition against Yugoslavian participation to the Economic and Social Council and its bodies. Throughout …
International Banking Activities: The Role Of The Federal Reserve Bank In Domestic Capital Markets, Susan M. Phillips, Alan N. Rechtschaffen
International Banking Activities: The Role Of The Federal Reserve Bank In Domestic Capital Markets, Susan M. Phillips, Alan N. Rechtschaffen
Fordham International Law Journal
In synthesizing harmonious regulation with market sensitive monetary policies, regulators and central bankers can maintain global confidence and minimize systemic failure. The improvements in communications and transportation, the gains from technology and the miniaturization of the goods the world produces have fueled a growing volume of international trade. Financial institutions, in turn, have sought constantly to find more effective and efficient ways to facilitate and finance these activities, and at the same time manage the related risks. There are two clear areas of common interest which may serve as a guideline for central bankers, bank supervisors, and regulators developing compatible …