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Full-Text Articles in Law
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.
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.
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.
Dominant Strategic Themes Of The Natural Resource Industry, Robin G. Adams
Dominant Strategic Themes Of The Natural Resource Industry, Robin G. Adams
Fordham International Law Journal
SSpeech given at Session 3: Challenge Facing Resource Development. Mr. Adams highlighted the dominant strategic themes that he believes will characterize the natural resource industry as we enter the new century. It should be a period of solid underlying growth for mineral demand, although he added that periodic interruptions reflecting the usual cycles in the world economy will occur. Against this market background, the industry will be dealing with a number of unresolved issues from the late twentieth century, of which the taxation of economic rents, the cost-effectiveness of environmental regulations, and the impact of privatization and deregulation on the …
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.
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 …
Foreign Investment Laws And Regulations Of The Democratic People's Republic Of Korea, Greyson Bryan, Scott Horton, Robin Radin
Foreign Investment Laws And Regulations Of The Democratic People's Republic Of Korea, Greyson Bryan, Scott Horton, Robin Radin
Fordham International Law Journal
Before presenting a detailed outline of the foreign investment laws and regulations of the DPRK, this Essay surveys the institutional environment in which these laws and regulations function. This Essay concludes with some specific remarks on the rules that pertain to investments in natural resources, including pledge law, and the possibility that foreign investors may be able to negotiate rules governing their investments that would differ from those described in this Essay.
The Introduction Of The Euro And Its Implications For Obligations Denominated In Currencies Replaced By The Euro, Michael Gruson
The Introduction Of The Euro And Its Implications For Obligations Denominated In Currencies Replaced By The Euro, Michael Gruson
Fordham International Law Journal
This Article will discuss to what extent fears that debt in a country’s national currency will no longer be enforceable under U.S. law after the introduction of the Euro are justified. The article assumes that the European Council, as provided for in the Treaty Establishing the European Community ("EC Treaty") and the European Commission's European Council Regulation, will establish a fixed rate of conversion for the old national currencies of all participating Member States in relation to the Euro. The subject of our inquiry, thus, is whether, following the introduction of the single currency, U.S. courts will acknowledge the abolition …
The Japanese Product Liability Law: Sending A Pro-Consumer Tsunami Through Japan's Corporate And Judicial Worlds, Jason F. Cohen
The Japanese Product Liability Law: Sending A Pro-Consumer Tsunami Through Japan's Corporate And Judicial Worlds, Jason F. Cohen
Fordham International Law Journal
This note argues that Japan’s former product liability system deprived consumers of adequate protection against product defects. This note also argues that Japan’s changing economic and political conditions necessitated the introduction of strict liability. Part I examines the development of the Japanese legal system, traces the history of product liability in Japan, and discusses the structural and cultural barriers to pursuing product liability claims. Part I also explains the product liability legal theories in existence before the PL Law and discusses the twenty-year process in which Japan debated the prospects of passing this legislation. Part I concludes by discussing factors …
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 …
United States V. Mcdougald: The Anathema To 18 U.S.C § 1956 And National Efforts Against Money Laundering, Mathew Paulose Jr.
United States V. Mcdougald: The Anathema To 18 U.S.C § 1956 And National Efforts Against Money Laundering, Mathew Paulose Jr.
Fordham International Law Journal
This Comment argues that the Sixth Circuit should overrule McDougald. Part I discusses the purpose, process, and problems of the crime generally known as money laundering. Part I also discusses national efforts against money laundering, and in particular, the United States' efforts through Section 1956 of the Money Laundering Control Act. Part I concludes by discussing the Salinas-Citibank Affair and the probable prosecution of Citibank for money laundering violations. Part II reviews the Sixth Circuit's line of cases leading up to and including the McDougald decision. Part II also contrasts McDougald by reviewing the decisions of the United States …
Access Rights: A Necessary Corollary To Custody Rights Under The Hague Convention On The Civil Aspects Of International Child Abduction, Priscilla Steward
Access Rights: A Necessary Corollary To Custody Rights Under The Hague Convention On The Civil Aspects Of International Child Abduction, Priscilla Steward
Fordham International Law Journal
This Note argues that the aspect of the Hague Abduction Convention addressing access rights is ineffective because it has forced some courts to misconstrue provisions of the Hague Abduction Convention in order to carry out the Convention's intent. This Note further argues that the burden of establishing the absence of a wrongful removal or retention should fall upon the parent who has removed the child. This Note also argues that the Hague Conference should amend the Convention to order a court to enforce previously ordered access rights in the child's new habitual residence. Part I provides an historical background on …
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.
Session 1: The Global Capital Market: What's Next: Questions And Answers Moderated By Meredith Brown, Michael E. Patterson, Toyoo Gyohten, Paul A. Volcker
Session 1: The Global Capital Market: What's Next: Questions And Answers Moderated By Meredith Brown, Michael E. Patterson, Toyoo Gyohten, Paul A. Volcker
Fordham International Law Journal
No abstract provided.
Role Of Technology In Communication, Stephen A. Weiswasser
Role Of Technology In Communication, Stephen A. Weiswasser
Fordham International Law Journal
Speech given at Session 2: World Communication: Where is Technology Leading Us? Mr. Weiswasser about the role of technology in communications from the perspective of somebody who is in the entertainment and information business, what he called the content business--meaning television programs.
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.
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.
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.
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 …
Policy And Politics Behind Intellectual Property Laws, Peter Banki
Policy And Politics Behind Intellectual Property Laws, Peter Banki
Fordham International Law Journal
Speech given at Session 2: World Communication: Where is Technology Leading Us? Is it technology? Is it economics? Is it content? Mr. Banki furthered the debate by adding that some people think it's the law. He mapped out some of the legal problems, mostly in the intellectual property laws. He also noted that some of the things which were talked about at the conference give rise to legal issues.
Convergence Of Global Financial Services, Michael E. Patterson
Convergence Of Global Financial Services, Michael E. Patterson
Fordham International Law Journal
Speech given at Session 1: The Global Capital Market: What's Next. Michael Patterson spoke on aspects of the global financial markets that are common to Japan and the United States including the converging roles of traditionally distinct kinds of institutions participating in such markets; the impact of that convergence on legal and regulatory structures, particularly in the United States; and finally, the challenges of such global convergence for the supervision of global financial institutions.
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.
Globalization Of Human Rights Law, Jerome J. Shestack
Globalization Of Human Rights Law, Jerome J. Shestack
Fordham International Law Journal
Speech given at Session 4: The Legal Profession and Human Rights. Jerome Shestack explains what is intended by “globalization” of human rights. The term embraces more than the standards themselves and includes the process by which human rights implementation takes place on a global level, the range of those who advocate international human rights, the potential for a meaningful international human rights judicial system, and the role of human rights in the calculus of international relations. He article touches on all of these areas.
The United Nations And The Legal Community In Promotion Of Human Rights, Hans Corell
The United Nations And The Legal Community In Promotion Of Human Rights, Hans Corell
Fordham International Law Journal
Speech given at Session 4: The Legal Profession and Human Rights. The idea of promoting and protecting human rights is much older than the United Nations. However, it is fair to say that the fact that this topic is now high on the agenda all over the world is due to the efforts made by the world organization.
International Human Rights And Sovereignty Of States: Role And Responsibility Of Lawyers, Fali Nariman
International Human Rights And Sovereignty Of States: Role And Responsibility Of Lawyers, Fali Nariman
Fordham International Law Journal
Speech given at Session 4: The Legal Profession and Human Rights. Fali Nariman discusses the history of lawyers in the context of past fifty year history of international human rights.
Session 4: The Legal Profession And Human Right: Questions And Answers Moderated By Desmond Fernando, Hans Corell, Fali Nariman, Jerome J. Shestack, Louise Arbour
Session 4: The Legal Profession And Human Right: Questions And Answers Moderated By Desmond Fernando, Hans Corell, Fali Nariman, Jerome J. Shestack, Louise Arbour
Fordham International Law Journal
No abstract provided.
Britain And Europe: Post Blair's Election And Pre-Single Currency, Roy Jenkins
Britain And Europe: Post Blair's Election And Pre-Single Currency, Roy Jenkins
Fordham International Law Journal
This Essay traces the history of Britain's relations with the European Community, now the European Union. It concludes that the Single Currency is key to all future activities of the European Union, as well as to Tony Blair's ability to escape from the 'mishandling of Europe' curse which has bedeviled so many British premierships.
Air Transport And Ec Competition Law, Lars Gorton
Air Transport And Ec Competition Law, Lars Gorton
Fordham International Law Journal
This Essay is about air transport and EC competition Law. The air transport industry has, in many countries, developed as a mixture of public utility and commercial venture. With the deregulation of the airline market, the EC Commission has also, to an increasing extent, become involved in the competition aspects of the airline industry. Part I deals with the transportation industry. Part II discusses liberalization within the EC. Finally, Part III deals with competition rules.
The Millenium Approaches: Rethinking Article 85 And The Problems And Challenges In The Design And Enforcement Of The Ec Competition Rules, Mario Siragusa
The Millenium Approaches: Rethinking Article 85 And The Problems And Challenges In The Design And Enforcement Of The Ec Competition Rules, Mario Siragusa
Fordham International Law Journal
This Essay contributes to the discussion of competition law reforms, both at the level of the European institutions and within the Member States of the European Union, by considering the scope for altering the economic evaluation performed in the context of Article 85 of the EC Treaty. The Essay first describes, and accounts for, the European Commission's current interpretation of Article 85. The Essay then presents a number of criticisms of that interpretation and assesses possible changes to the present system of European competition enforcement. Finally, examples are given from the case law of the Court of Justice and the …