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1991

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Articles 4411 - 4440 of 5920

Full-Text Articles in Law

…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.


Law In The 21st Century, Monroe Freedman Jan 1991

Law In The 21st Century, Monroe Freedman

Fordham Law Review

No abstract provided.


Life After Feist: Facts, The First Amendment, And The Copyright Status Of Automated Databases, Philip H. Miller Jan 1991

Life After Feist: Facts, The First Amendment, And The Copyright Status Of Automated Databases, Philip H. Miller

Fordham Law Review

No abstract provided.


The Condominia Of Morgan: A Family Of Bankers And A Family Of Banks, Michael P. Malloy Jan 1991

The Condominia Of Morgan: A Family Of Bankers And A Family Of Banks, Michael P. Malloy

Fordham Law Review

The House of Morgan, By R. Chernow. Atlantic Monthly Press, 1990. Pp. 812. $14.95


Enforcement Of Securities Laws Violations In The United Kingdom, James J. Fishman Jan 1991

Enforcement Of Securities Laws Violations In The United Kingdom, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

This article examines the weaknesses of the present system of enforcement and suggests changes to make it more effective. The article is divided into three parts: an analysis of the enforcement provisions of the Financial Services Act, the prosecution of securities offenses since its implementation, and the viability of self-regulatory enforcement.


Justice William J. Brennan, Jr. - The Moral Force Of His Language, Bennett L. Gershman Jan 1991

Justice William J. Brennan, Jr. - The Moral Force Of His Language, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The enduring strength of Justice William J. Brennan Jr.'s constitutional vision is a tribute to his extraordinary scholarship and powerful logic. His opinions will be studied, cited, and honored for generations for their immense contribution to the constitutional protection of individual rights. But there is a further dimension to his jurisprudence that has always struck me - the moral force of his language. Justice Brennan's eloquent, passionate, and compassionate prose constantly exhorts us to a higher moral plane. To the disadvantaged, the accused, the dissident, and the condemned, Justice Brennan's words are a timeless anthem of sustenance and hope.


Interest Group Politics And Judicial Behavior: Macey's Public Choice, Jack M. Beermann Jan 1991

Interest Group Politics And Judicial Behavior: Macey's Public Choice, Jack M. Beermann

Faculty Scholarship

The economic theory of government has lately gained the acceptance in legal circles that it has long enjoyed in political science and economics. The economic theory, also known as "public choice," analyzes and explains government action and private political activity according to the basic assumption of economics, that individuals respond to economic incentives in their environments in a self-interested manner. The economic theory is thus useful descriptively, to explain diverse political phenomena, and prescriptively, to help formulate reform strategy.


Is Subjectivity Possible - The Post-Modern Subject In Legal Theory, James Boyle Jan 1991

Is Subjectivity Possible - The Post-Modern Subject In Legal Theory, James Boyle

Faculty Scholarship

This article puts forward a thesis and then attempts to prove (or at least to develop) that thesis in two related areas. The thesis is that legal theory in general, and critical legal theory in particular, has concentrated too much on critiques of objectivity, wrongly assuming that "subjectivity" was an unproblematic term. Subjectivity, like mortality, has seemed not only attainable but inevitable. It is objectivity which is presumed to be the problematic goal of our theories and our attempts at doctrinal interpretation. This article reverses the focus, concentrating on the construction of subjectivity in law and social theory... Having pointed …


"Black And Blue Encounters" Some Preliminary Thoughts About Fourth Amendment Seizures: Should Race Matter?, Tracey Maclin Jan 1991

"Black And Blue Encounters" Some Preliminary Thoughts About Fourth Amendment Seizures: Should Race Matter?, Tracey Maclin

Valparaiso University Law Review

No abstract provided.


Nōryoku Shōgai Wo Motsu Amerikajin Ni Kansuru Hōritsu (Ada) To Amerikahō Ni Okeru Sabetsu No Gainen [The Americans With Disabilities Act And Concepts Of Discrimination In U.S. Law], Daniel H. Foote Jan 1991

Nōryoku Shōgai Wo Motsu Amerikajin Ni Kansuru Hōritsu (Ada) To Amerikahō Ni Okeru Sabetsu No Gainen [The Americans With Disabilities Act And Concepts Of Discrimination In U.S. Law], Daniel H. Foote

Articles

Paradoxical as it may seem, Title I of the Americans with Disabilities Act (hereinafter, "ADA"), which deals with employment of the disabled, at one and_ the same time represents only a gradual advance over existing law and a pathbreaking new statute with far-reaching implications. On the one hand, the ADA merely builds on the foundations laid in the Rehabilitation Act of 1973, with the key provisions of the ADA closely parallelling approaches taken in the Rehabilitation Act and regulations implementing it. On the other hand, the ADA vastly expands the coverage of the Rehabilitation Act, thereby establishing that integration of …


Rules Of Evidence Amendments, Paul C. Giannelli Jan 1991

Rules Of Evidence Amendments, Paul C. Giannelli

Faculty Publications

No abstract provided.