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Articles 1 - 30 of 63
Full-Text Articles in Law
The Legal Regulation Of Lawyers' Conflicts Of Interest, Richard A. Epstein
The Legal Regulation Of Lawyers' Conflicts Of Interest, Richard A. Epstein
Fordham Law Review
No abstract provided.
U.S. Restructuring Legislation: Revising The International Banking Act Of 1978, For The Worse?, Cynthia C. Lichtenstein
U.S. Restructuring Legislation: Revising The International Banking Act Of 1978, For The Worse?, Cynthia C. Lichtenstein
Fordham Law Review
The Federal Deposit Insurance Corporation Improvement Act of 1991 contains several sections dealing with the regulation of foreign banks in the United States. In this Article, Professor Lichenstein gives a critical analysis of the new foreign-bank legislation. After arguing that these legislative changes do not adequately address the emerging financial marketplace, Professor Lichtenstein offers a modest proposal for revising the U.S. regulatory structure.
Transnational Financial Services--Current Challenges For An Integrated Europe, Gerhard Wegen
Transnational Financial Services--Current Challenges For An Integrated Europe, Gerhard Wegen
Fordham Law Review
In this address, Dr. Wegen focuses on the challenges facing an integrated Europe. Dr. Wegen examines the existing regulatory scheme which governs the EC financial services industry. By discussing possible enlargement of the EC to include easter and central European countries. Dr. Wegen addresses the growing need to develop and expand structural devices, both governmental and informal, to bind the ED. The basis for such a union must be the free movement of goods, capital, services, and persons. Dr. Wegen concludes by stressing that the EC must prepare for global competition, rather than struggle over matters of national pride.
Increasing United States Investment In Foreign Securities: An Evaluation Of Sec Rule 144a, Vickie Kokkalenios
Increasing United States Investment In Foreign Securities: An Evaluation Of Sec Rule 144a, Vickie Kokkalenios
Fordham Law Review
No abstract provided.
The Modernization Of The French Securities Markets: Making The Eec Connection, Leslie A. Goldman
The Modernization Of The French Securities Markets: Making The Eec Connection, Leslie A. Goldman
Fordham Law Review
No abstract provided.
Outside Investors: A New Breed Of Insider Traders?, Elyse Diamond
Outside Investors: A New Breed Of Insider Traders?, Elyse Diamond
Fordham Law Review
No abstract provided.
Putting The Super Back In The Supervision Of International Banking, Post-Bcci, Daniel M. Laifer
Putting The Super Back In The Supervision Of International Banking, Post-Bcci, Daniel M. Laifer
Fordham Law Review
No abstract provided.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Public Law Litigation And The Ambiguties Of Brown, Mark Tushnet
Fordham Law Review
Professor Tushnet posits that the Supreme Court's concern for gradually carrying out desegregation in the public schools ironically gave rise to "'public law litigation"---an aggressive form ofjudicial review. Specifically. Professor Tushnet argues that the "all deliberate speed" standard, which separated the right from the remedy, enabled the courts to become a more powerful institution in shaping social policy. Throughout his speech, Professor Tushnet provides insight into the thought processes of the Supreme Court justices at the time of the Brown decision.
A Stream Of Legal Consciousness: The Current Of Commerce Doctrine From Swift To Jones & Laughlin, Barry Cushman
A Stream Of Legal Consciousness: The Current Of Commerce Doctrine From Swift To Jones & Laughlin, Barry Cushman
Fordham Law Review
In this article on constitutional development and the New Deal Court. Professor Cushman argues that the conventional story of the Court's radical reversing of its jurisprudence in the face of the Court-packing plan is misconceived. The article instead seeks to demonstrate that Jones & Laughlin, one of the cases comprising the Constitutional Revolution of 1937 was conceptually, stylistically, and doctri- nally congruent with the Court's contemporary jurisprudence. The paradigm shift in commerce clause jurisprudence, Professor Cushman contends, came not in 1937, but in 1941 and 1942, after Roosevelt had had an opportunity to refash- ion the Court with a new …
Partial Satisfaction Under The Ucc, Alysse Kaplan
Partial Satisfaction Under The Ucc, Alysse Kaplan
Fordham Law Review
No abstract provided.
"Who Goes There?" -- Proposing A Model Anti-Mask Act, Stephen J. Simoni
"Who Goes There?" -- Proposing A Model Anti-Mask Act, Stephen J. Simoni
Fordham Law Review
No abstract provided.
Why So Many Lawyers? Are They Good Or Bad?, Robert C. Clark
Why So Many Lawyers? Are They Good Or Bad?, Robert C. Clark
Fordham Law Review
In this essay, Dean Clark examines the popular notion that the United States has too many lawyers and that this abundance burdens the nation. While acknowledging the great growth of law and lawyers in recent decades, Dean Clark argues that, before denouncing this trend, we should first seek to develop a fuller explanation of its causes and consequences. After discussing just what it is that lawyers do, Dean Clark critiques three current "cancerous growth" theories that attempt to explain why there has been such a great and unhealthy increase in the number of lawyers Dean Clark then offers and analyzes …
The Last Promissory Estoppel Article, Jay M. Feinman
The Last Promissory Estoppel Article, Jay M. Feinman
Fordham Law Review
In this essay, Professor Feinman argues that the doctrine of promissory estoppel has outlived its usefulness as a theory of contract Professor Feinman relies on an article written by Professors Edward Yorio and Steven Thel as an illustration of the debate over whether promissory estoppel is based upon the enforcement of promises or the protection of reliance. Professor Feinman rejects the conceptual framework upon which this debate is based and ultimately proposes that contract law should move to a relational analysis, ignoring the distinction between promise and reliance and replacing it with an analysis of the obligations involved in a …
"Protection" Of Volunteers Under Federal Employment Law: Discouraging Voluntarism, Leda E. Dunn
"Protection" Of Volunteers Under Federal Employment Law: Discouraging Voluntarism, Leda E. Dunn
Fordham Law Review
No abstract provided.
The Sleeper Wakes: The History And Legacy Of The Twenty-Seventh Amendment
The Sleeper Wakes: The History And Legacy Of The Twenty-Seventh Amendment
Fordham Law Review
No provision of the United States Constitution has a more drawn-out, tortured history than the Twenty-seventh Amendment, which was ratified more than two centuries after Representative James Madison introduced it in the First Congress. In this Article; Professor Bernstein traces the Amendment's origins to the legislative political culture of the late eighteenth century, as influenced by the controversy over ratifying the Constitution. He then examines the perennial controversies over congressional compensation in American historiy elucidating how in the 1980s and 1990s public anger at Congress reached critical mass sufficient to propel the 1789 compensation amendment into the Constitution. Finally, this …
Dances With Nonlawyers: A Perspective On Law Firm Diversification, Gary A. Munneke
Dances With Nonlawyers: A Perspective On Law Firm Diversification, Gary A. Munneke
Fordham Law Review
In this Article, Professor Munneke continues the debate over ethical rules governing lawyers' professional affiliations with nonlawyers, arguing in favor of the adoption of uniform rules that regulate lawyers' conduct in the context of specific ethical issues, such as confidentiality and conflicts of interest. In Professor Munneke's view, the retention of ethical rules that prohibit law firm diversification impedes the ability of lawyers to compete effectively in today's rapidly changing marketplace of professional services. Professor Munneke moreover questions whether state bar association rules that prohibit law firm diversification are capable of withstanding judicial scrutiny under the federal antitrust laws and …
Derrick Bell's Radical Realism, Tracy E. Higgins
Derrick Bell's Radical Realism, Tracy E. Higgins
Fordham Law Review
No abstract provided.
An American Reflection On Turkey's Financial Leasing Industry, Carl Felsenfeld
An American Reflection On Turkey's Financial Leasing Industry, Carl Felsenfeld
Fordham Law Review
No abstract provided.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Missouri V. Jenkins: Are We Really A Desgregated Society?, Theodore M. Shaw
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Missouri V. Jenkins: Are We Really A Desgregated Society?, Theodore M. Shaw
Fordham Law Review
The Brown decision bucked a centuries-old tradition of discrimination in America, but that tradition has not been easily overcome. Professor Shaw discusses Missouri v. Jenkins and questions whether society has really changed in its attitude towards segregated schools.
The Sec's Proposed Regulations Of Foreign Securities Issued In The United States, Harold Schimkat
The Sec's Proposed Regulations Of Foreign Securities Issued In The United States, Harold Schimkat
Fordham Law Review
No abstract provided.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Learning Together: Justice Marshall's Desegregation Opinions, Maria L. Marcus
Fordham Law Review
In this Article, Professor Marcus examines the influence of Justice Thurgood Marshall on the Supreme Court's current school desegregation agenda. Justice Marshall was part of the majority in desegregation cases during his earlier years on the high Court subsequently, however, his role became one of dissenter. Professor Marcus analyzes the divisive issues facing the Court in desegregation litigation, Marshall's positions on such issues, and his legacy to the Court in this area. Finally, the Article assesses the vitality of this legacy in light of two Supreme Court decisions issued after Justice Marshall's retirement.
The Value Of Friendship In Law And Literature, Michael J. Kaufman
The Value Of Friendship In Law And Literature, Michael J. Kaufman
Fordham Law Review
Once thought to be indespensible to a good life, the value of friendship has been swept away by the most recent trends in philosophical, literary, and legal thought. After tracing the subtle decline in the value of friendship, this Article employs these very trends to redefine and resurrect that value, particularly within American law. A good work of art is one which elevates its own art-form by successfully channeling the anxiety of influence created by competing art forms. A good judicial opinion, therefore, is one which elevates the art of judging above strong competing arts such as philosophy and literature. …
Toxic Reproductive And Genetic Hazards In The Workplace: Challenging The Myths Of The Tort And Workers' Compensation Systems, Jean Macchiaroli Eggen
Toxic Reproductive And Genetic Hazards In The Workplace: Challenging The Myths Of The Tort And Workers' Compensation Systems, Jean Macchiaroli Eggen
Fordham Law Review
In this Article, Professor Eggen discusses how various scientific studies suggest a causal connection between workers' reproductive and genetic injuries and their exposure to toxins in the workplace. Because of conflicts between scientific and legal causation standards, workers and affected family members often cannot prove a sufficient causal connection between toxic exposure and ensuing injury to recover under existing workers' compensation and tort laws. Thus, Professor Eggen proposes several specific reforms to both the workers' compensatoin and tort law systems to improve the availability of these relief mechanisms for toxic exposure victims.
Father Knows Best: The Unwed Father's Right To Raise His Infant Surrendered For Adoption, Daniel C. Zinman
Father Knows Best: The Unwed Father's Right To Raise His Infant Surrendered For Adoption, Daniel C. Zinman
Fordham Law Review
No abstract provided.
The Fourth Amendment Rights Of The Homeless, Elizabeth Schultz
The Fourth Amendment Rights Of The Homeless, Elizabeth Schultz
Fordham Law Review
No abstract provided.
Labor Injunctions Pending Arbitration: Should Courts Enjoin Managements' Unilaterally Implemented Drug-Testing Programs?, Paul Keneally
Labor Injunctions Pending Arbitration: Should Courts Enjoin Managements' Unilaterally Implemented Drug-Testing Programs?, Paul Keneally
Fordham Law Review
No abstract provided.
Lehnert V. Ferris Faculty Association: Accounting To Financial Core Members: Much A-Dues About Nothing?, Calvin Siemer
Lehnert V. Ferris Faculty Association: Accounting To Financial Core Members: Much A-Dues About Nothing?, Calvin Siemer
Fordham Law Review
No abstract provided.
Banking On Europe: 1992 And Emu, Nancy Louise Kessler
Banking On Europe: 1992 And Emu, Nancy Louise Kessler
Fordham Law Review
No abstract provided.
The World Bank And The Imf: At The Forefront Of World Transformation, Kim Reisman
The World Bank And The Imf: At The Forefront Of World Transformation, Kim Reisman
Fordham Law Review
No abstract provided.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Limitless Horizons Of Brown V. Board Of Education, Louis H. Pollack
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Limitless Horizons Of Brown V. Board Of Education, Louis H. Pollack
Fordham Law Review
Judge Pollak discusses the impact of Brown on Supreme Court jurisprudence. He begins by recounting Morgan v. Virginia--a significant Supreme Court decision that foreshadowed the holding of Brown. The remainder of Judge Pollak's speech highlights Brown's impact on, inter alia, First Amendment jurisprudence and international law.