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Full-Text Articles in Law

Trends In Protective Orders Under Federal Rule Of Civil Procedure 26(C): Why Some Cases Fumble While Others Score , Jacqueline S. Guenego Jan 1991

Trends In Protective Orders Under Federal Rule Of Civil Procedure 26(C): Why Some Cases Fumble While Others Score , Jacqueline S. Guenego

Fordham Law Review

No abstract provided.


Remarks Delivered On The Occasion Of The Presentation Of The Fordham-Stein Award To The Honorable William Hughes Mulligan, John D. Freerick Jan 1991

Remarks Delivered On The Occasion Of The Presentation Of The Fordham-Stein Award To The Honorable William Hughes Mulligan, John D. Freerick

Fordham Law Review

No abstract provided.


Equal Protection And Moral Circumstance: Accounting For Constitutional Basics, Donald E. Lively Jan 1991

Equal Protection And Moral Circumstance: Accounting For Constitutional Basics, Donald E. Lively

Fordham Law Review

No abstract provided.


Judging The Ninth Amendment, Sol Wachtler Jan 1991

Judging The Ninth Amendment, Sol Wachtler

Fordham Law Review

No abstract provided.


Two Faces Of Disparate Impact Discrimination, Pamela L. Perry Jan 1991

Two Faces Of Disparate Impact Discrimination, Pamela L. Perry

Fordham Law Review

No abstract provided.


Appellate Jurisdiction For Civil Forfeiture: The Case For The Continuation Of Jurisdiction Beyond The Release Of The Res, Paul S. Grossman Jan 1991

Appellate Jurisdiction For Civil Forfeiture: The Case For The Continuation Of Jurisdiction Beyond The Release Of The Res, Paul S. Grossman

Fordham Law Review

No abstract provided.


John Calamari--A Tribute, Joseph M. Perillo Jan 1991

John Calamari--A Tribute, Joseph M. Perillo

Fordham Law Review

No abstract provided.


Trial Lawyers And Arco: Jurisprudentially Inconsistent Approaches To Per Se Illegality , Michael Malina Jan 1991

Trial Lawyers And Arco: Jurisprudentially Inconsistent Approaches To Per Se Illegality , Michael Malina

Fordham Law Review

Annual Antitrust Reviews have been presented at the Association of the Bar of the City of New York since 1948, when Progessor Milton Handler instituted the series. The 1990 Review was presented on November 14, 1990, and the following articles are based on those presentations.


Functional Discounts After Texaco V. Hasbrouck, Richard M. Steuer Jan 1991

Functional Discounts After Texaco V. Hasbrouck, Richard M. Steuer

Fordham Law Review

No abstract provided.


Estimating Aggregate Damages In Class-Action Litigation Under Rule 10b-5 For Purposes Of Settlement, Jon Koslow Jan 1991

Estimating Aggregate Damages In Class-Action Litigation Under Rule 10b-5 For Purposes Of Settlement, Jon Koslow

Fordham Law Review

No abstract provided.


…And Backward: Death And Transfiguration Among The Savings Associations, Michael P. Malloy Jan 1991

…And Backward: Death And Transfiguration Among The Savings Associations, Michael P. Malloy

Fordham Law Review

No abstract provided.


Thumbs On The Scale: The Role That Accounting Practices Played In The Savings And Loan Crisis, Richard C. Breeden Jan 1991

Thumbs On The Scale: The Role That Accounting Practices Played In The Savings And Loan Crisis, Richard C. Breeden

Fordham Law Review

Mr. Breeden is the Chairmain of the Securities and Exchance Commission. This speech was given by Chairman Breeden as part of the annual Financial Institutions and Regulation Symposium at the Fordham University School of Law. The Commission, as a matter of policy, disclaims responsibility for any private publication or statement by any of its members or employees. The views expressed herein are those of the author and do not necessarily reflect the views of other members of the Commission or the staff.


Deregulation: Invitation To Disaster In The S&L Industry, Fred E. Case Jan 1991

Deregulation: Invitation To Disaster In The S&L Industry, Fred E. Case

Fordham Law Review

This speech was given by Professor Case as part of the Annual Financial Institutions and Regulation Symposium at the Fordham School of Law.


A State's Response To The United States Tresury Department Proposals To Modernize The Nation's Banking System, Jill M. Considine Jan 1991

A State's Response To The United States Tresury Department Proposals To Modernize The Nation's Banking System, Jill M. Considine

Fordham Law Review

This speech was given by Superintendent Considine as part of the annual Financial Institutions and Regulation Symposium at the Fordham University School of Law.


Too Many Consonants And Not Enough Consonance: The Development Of The S&L Regulatory Framework, Lucia J. Mandarino Jan 1991

Too Many Consonants And Not Enough Consonance: The Development Of The S&L Regulatory Framework, Lucia J. Mandarino

Fordham Law Review

No abstract provided.


Causes Of The Savings And Loan Debacle, Robert J. Laughlin Jan 1991

Causes Of The Savings And Loan Debacle, Robert J. Laughlin

Fordham Law Review

No abstract provided.


Playing With Firrea, Not Getting Burned: Statutory Overview Of The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Anthony C. Providenti, Jr. Jan 1991

Playing With Firrea, Not Getting Burned: Statutory Overview Of The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Anthony C. Providenti, Jr.

Fordham Law Review

No abstract provided.


The Office Of Thrift Supervision, Robert Cooper Jan 1991

The Office Of Thrift Supervision, Robert Cooper

Fordham Law Review

No abstract provided.


The Fdic's Enhanced Powers Over Savings Assocations: Does Firrea Make It "Saif"?, Ann M. Taylor Jan 1991

The Fdic's Enhanced Powers Over Savings Assocations: Does Firrea Make It "Saif"?, Ann M. Taylor

Fordham Law Review

No abstract provided.


Lawyering And The Public Interest In The 1990s, Harold A. Mcdougall Jan 1991

Lawyering And The Public Interest In The 1990s, Harold A. Mcdougall

Fordham Law Review

No abstract provided.


Professional Discipline In 2050: A Look Back , Ted Schneyer Jan 1991

Professional Discipline In 2050: A Look Back , Ted Schneyer

Fordham Law Review

This piece was originally commissioned by the American Bar Association Center for Professional Responsibility. Along with two companion pieces reflecting varying perspectives on the same subject, it was presented as part of the Seventeenth Annual Conference on Professional Responsibility, presented at Scottsdale, Arizona June 6-9, 1991. It appears here with the permission of the American Bar Association.


Fairness Opinions And Negligent Misrepresentation: Defining Investment Bankers' Duty To Third-Party Shareholders, Michael W. Martin Jan 1991

Fairness Opinions And Negligent Misrepresentation: Defining Investment Bankers' Duty To Third-Party Shareholders, Michael W. Martin

Fordham Law Review

No abstract provided.


Waiver Of The Criminal Defendant's Right To Testify: Constitutional Implications, Reed Harvey Jan 1991

Waiver Of The Criminal Defendant's Right To Testify: Constitutional Implications, Reed Harvey

Fordham Law Review

No abstract provided.


The Myth Of The Litigation Explosion, Randy M. Mastro Jan 1991

The Myth Of The Litigation Explosion, Randy M. Mastro

Fordham Law Review

The Litigation Explorsion: What Happened When America Unleashed the Lawsuit. By Walter K. Olson. Truman Talley Books: Dutton, 1991. Pp. 338. $24.95


The Uses And Abuses Of Incumbency: People V. Ohrenstein And The Limits Of Inherent Legislative Power, James A. Gardner Jan 1991

The Uses And Abuses Of Incumbency: People V. Ohrenstein And The Limits Of Inherent Legislative Power, James A. Gardner

Fordham Law Review

No abstract provided.


Sanctions, Symmetry, And Safe Harbors: Limiting Misapplication Of Rule 11 By Harmonizing It With Pre-Verdict Dismissal Devices, Jeffrey W. Stempel Jan 1991

Sanctions, Symmetry, And Safe Harbors: Limiting Misapplication Of Rule 11 By Harmonizing It With Pre-Verdict Dismissal Devices, Jeffrey W. Stempel

Fordham Law Review

No abstract provided.


Double Jeopardy, Complex Crimes And Grady V. Corbin, Tat Man J. So Jan 1991

Double Jeopardy, Complex Crimes And Grady V. Corbin, Tat Man J. So

Fordham Law Review

No abstract provided.


The New Role Of Coercion In Antitrust, Jean Wegmen Burns Jan 1991

The New Role Of Coercion In Antitrust, Jean Wegmen Burns

Fordham Law Review

With the ascendancy of the economic efficiency approach and its emphasis on competitive prices and output, coercrion--the use of force or threat; to copel another to act against one's will--seemingly no longer has a role to play in antitrust analysis. Professor Burns argues that coercion is indeed still relevant in antitrust analysis, though its role has changed from the central character it once played in the early antitrust cases. After analyzing the evolving role of coercion, Professor Burns concludes that the concept is still useful in vertical restraints and tie-ins distinguishing between efficient restraints and inefficient ones and in evaluating …


Cottage Savings Association V. Commissioner: Refining The Concept Of Realization, Loren D. Prescott Jr. Jan 1991

Cottage Savings Association V. Commissioner: Refining The Concept Of Realization, Loren D. Prescott Jr.

Fordham Law Review

Professor Prescott offers an indepth analysis of the Supreme Court's recent endorsement of the 'materially different' standard--the exchange of property for other property differing materially either in kind or in extent--as a measure for realizing income. After discussing the Court's endorsement, Professor Prescott discusses possible applications of the 'legal entitlements' test for evaluating 'material differences' to various property exchange transactions, and concludes that such application may alter the tax treatment of many traditionally tax-free transactions.


Rule 11: Where We Are And Where We Are Going, Georgene M. Vairo Jan 1991

Rule 11: Where We Are And Where We Are Going, Georgene M. Vairo

Fordham Law Review

Professor Vairo discusses the compelling need to amend Federal Rule of Civil Procedure 11. She demonstrates that the rule is being used to limit advocacy in the federal courts, particularly in civil rights, employment discrimination, and other types of "disfavored" caes, and that it is creating wasteful satellite litigation. Lastly, she argues that three recent Supreme Court cases indicate that the Court is unwilling to address the problems caused by Rule 11. Professor Vairo thus advocates that the Federal Rules' Advisory Committee revise the rule by adopting the approach of the Bench-Bar Proposal.