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Articles 1 - 30 of 63
Full-Text Articles in Law
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. …
Bumper Cars: Themes Of Convergence In International Regulation, Michael P. Malloy
Bumper Cars: Themes Of Convergence In International Regulation, Michael P. Malloy
Fordham Law Review
In this Article, Professor Malloy examines the convergence of regulatory standards among international regulators, suggesting that the dynamic of financial services regulation can be best understood as a conceptualized version of the bumper cars ride at an amusement park. While Professor Malloy suggests that a certain degree of convergence has already occurred in international regulation, thus decreasing the number of "bumps" in the ride, he also recognizes that much of this convergence remains propsective rather than actual, and currently is dominated by a pattern of regionalized regulation. Professor Malloy argues that, unless a converged pattern of regulation continues to develop, …
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Introductory Remarks, William Michael Treanor
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Introductory Remarks, William Michael Treanor
Fordham Law Review
No abstract provided.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Milliken V. Bradley: Brown's Troubled Journey North, Nathaniel R. Jones
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Milliken V. Bradley: Brown's Troubled Journey North, Nathaniel R. Jones
Fordham Law Review
Milliken v. Bradley represents the impact that Brown v. Board of Education had on Northern school In this discussion, Judge Jones describes the social changes that led to the Detroit school case and the plaintiffs'path up and down the judicial system to ultimate desegregation of Detroit schools.
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.
Indeterminacy, Justification And Truth In Constitutional Theory, Robert Justin Lipkin
Indeterminacy, Justification And Truth In Constitutional Theory, Robert Justin Lipkin
Fordham Law Review
In this Article, Professor Lipkin continues the debate over the nature of indeterminacy in constitutional theory, arguing that epistemic indeterminacy is most relevant to the law, because epistemic indeterminacy is more closely tied to practical reasoning than is metaphysical indeterminacy. Professor Lipkin further argues that the controversy over metaphysical or epistemic indeterminacy is really a controversy over truth or justification as the primary form of validating constitutional rules. In Professor Lipkin's view, the search for constitutional truth should be abandoned or, at best, should be treated as a trivial result of the best justification. Finally, Professor Lipkin proposes a new …
Question Of Class: Does 42 U.S.C. Section 1985(3) Protect Women Who Are Barred From Abortion Clinics, Mary F. Leheny
Question Of Class: Does 42 U.S.C. Section 1985(3) Protect Women Who Are Barred From Abortion Clinics, Mary F. Leheny
Fordham Law Review
No abstract provided.
Judging By Reputation, Marc M. Arkin
Judging By Reputation, Marc M. Arkin
Fordham Law Review
Cardozo: A Study in Reputation. By Richard A. Posner. The University of Chicago Press, 1990. Pp. 156. $18.95
The Constitution And Capital Sentencing: Pursuing Justice And Equality, Scott W. Howe
The Constitution And Capital Sentencing: Pursuing Justice And Equality, Scott W. Howe
Fordham Law Review
Equal Justice and The Death Penalty: A Legal and Empirical Analysis. By David C. Baldus, George Woodworth and Charles Pulaski, Jr. Boston: Northeastern University Press. 1990. Pp. Vii, 689. $65.00
Dedication To Professor Edward Yorio
Dedication To Professor Edward Yorio
Fordham Law Review
The Board of Editors of the Fordham Law Review Dedicates this Issue to the memory of Professor Edward Yorio Professor of Contracts. Edward Yorio graduated from Harvard Law School with honors in 1971 and was appointed to the faculty of Fordham Law School in 1973. In a very short time, he became a dearly valued member of the legal profession and of the Fordham Law School community. To students who had the privilege of taking his Contracts class, he was a dedicated teacher who inspired them with his energy, mind, and ability to teach. Utilizing his keen wit, Professor Yorio …
The Case Against Strict Liability, Alan Schwartz
The Case Against Strict Liability, Alan Schwartz
Fordham Law Review
Professor Schwartz identifies the foundational assumptions of strict products liability law, and argues that these assumptions are either false, not supportive of banishing free contract, or not proven on the current evidence. After showing that, on the evidence now available, strict liability cannot be shown to be more efficient than free contract, Professor Schwartz argues that the choice among legal regimes should be made by a "representative consumer"--a person who knows what is knowable about markets and who knows that he lives in a liberal state, but who does not know what position he will occupy in that state. Professor …
Causal Comparisons, Robert N. Strassfeld
Causal Comparisons, Robert N. Strassfeld
Fordham Law Review
Focusing on the multiple meanings of the statement "A was a more important cause of C than was B," Professor Strassfeld considers the feasibility of comparative causation as a means of apportioning legal responsibility for harms. He concludse that by combining two different interpretations of "more important cause"--judgments of comparative counterfactual similarity and the Uniform Comparative Fault Act approach of comparative responsibility--we can effectively make causal comparisons and avoid the effort to compare such incommensurables as the defendant's fault under a strict liability standard and the plaintiff's failt for failure to exercise reasonable care.
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.
The Advocate: Should He Speak Or Write?, The Rt. Hon. Lord Mackay
The Advocate: Should He Speak Or Write?, The Rt. Hon. Lord Mackay
Fordham Law Review
This speech was given by The Rt. Hon. Lord Mackay on April 3, 1991, at Fordham University's School of Law as the John F. Sonnet Memorial Lecture.
The Fourth Amendment Rights Of The Homeless, Elizabeth Schultz
The Fourth Amendment Rights Of The Homeless, Elizabeth Schultz
Fordham Law Review
No abstract provided.
The What, Why, And How Of Privatization: A World Bank Perspective, Mary M. Shirley
The What, Why, And How Of Privatization: A World Bank Perspective, Mary M. Shirley
Fordham Law Review
Ms. Shirley outlines privatization, defininf the concept and suggesting why privatization should occur and how it can be best implemented. She first dfines privatization as the transfer of ownership of assets to the private sector. She then discusses why a government should privatize, as opposed to why governments often want to privatize. Finally, Ms. Shirley discusses various steps governments should take in effectuating privatizations.
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.
The Compatibility Of The Unictral Model Law On International Credit Transfers With Article 4a Of The Ucc, Carl Felsenfeld
The Compatibility Of The Unictral Model Law On International Credit Transfers With Article 4a Of The Ucc, Carl Felsenfeld
Fordham Law Review
In this Article, Professor Felsenfeld compares the provisions of Article 4A of the Uniform Commercial Code with the Model Law of the United Nations Commission on International Trade Law. Professor Felsenfeld argues that these laws are compatible by contrasting each section of both laws and resolving the differences between them. Professor Felsenfeld concludes that the Model Law is ready for acceptance and adoption in the United States.
The Role Of Securities And Exchange Commission In An Internationalized Marketplace, James R. Doty
The Role Of Securities And Exchange Commission In An Internationalized Marketplace, James R. Doty
Fordham Law Review
Mr. Doty, General Counsel of the United States Securities and Exchange Commission ("SEC"), explores the complexities of an internationalized securities market and the appropriate role of the SEC in such a marketplace. Mr. Doty examines the cooperation of securities authorities from around the globe, including the SEC, to address problems of fraudulent conduct, capital adequacy, and standards of disclosure. Mr. Doty concludes that the SEC has been, and should continue to be, a "standard-setter" in the globalization process.
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.
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.
The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg
The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg
Fordham Law Review
Professor Reidenberg addresses the challenge to transnational financial services resulting from national regulation of information processing. National laws around the world seek to define fair information practices for the private sector and contain prohibitions on data transfers to foreign destinations that lack sufficient privacy protection. The effect of these laws for the financial services industry is significant because financial services depend on personal information. Professor Reidenberg argues that the international attempts to harmonize information processing encourage divergence of national standards for financial services. He argues that regulatory flexibility and customization is necessary to support financial sevices and accomodate, without circumventing, …
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 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.
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.
Japanese Securities Regulation: Problems Of Enforcement, Nicole J. Ramsay
Japanese Securities Regulation: Problems Of Enforcement, Nicole J. Ramsay
Fordham Law Review
No abstract provided.
Inside Outside Leave Me Alone: Domestic And Ec-Motivated Reform In The Uk Securities Industry, Patrick M. Creaven
Inside Outside Leave Me Alone: Domestic And Ec-Motivated Reform In The Uk Securities Industry, Patrick M. Creaven
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.
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.
Putting Starch In European Efforts To Combat Money Laundering, Scott E. Mortman
Putting Starch In European Efforts To Combat Money Laundering, Scott E. Mortman
Fordham Law Review
No abstract provided.