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Full-Text Articles in Law

A Stream Of Legal Consciousness: The Current Of Commerce Doctrine From Swift To Jones & Laughlin, Barry Cushman Jan 1992

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 ...


Erisa's Preemption Of State Tax Laws, Kevin Matz Jan 1992

Erisa's Preemption Of State Tax Laws, Kevin Matz

Fordham Law Review

No abstract provided.


Father Knows Best: The Unwed Father's Right To Raise His Infant Surrendered For Adoption, Daniel C. Zinman Jan 1992

Father Knows Best: The Unwed Father's Right To Raise His Infant Surrendered For Adoption, Daniel C. Zinman

Fordham Law Review

No abstract provided.


Inside Outside Leave Me Alone: Domestic And Ec-Motivated Reform In The Uk Securities Industry, Patrick M. Creaven Jan 1992

Inside Outside Leave Me Alone: Domestic And Ec-Motivated Reform In The Uk Securities Industry, Patrick M. Creaven

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 Jan 1992

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.


Causal Comparisons, Robert N. Strassfeld Jan 1992

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.


The Advocate: Should He Speak Or Write?, The Rt. Hon. Lord Mackay Jan 1992

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 Case Against Strict Liability, Alan Schwartz Jan 1992

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 ...


Toxic Reproductive And Genetic Hazards In The Workplace: Challenging The Myths Of The Tort And Workers' Compensation Systems, Jean Macchiaroli Eggen Jan 1992

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 Fourth Amendment Rights Of The Homeless, Elizabeth Schultz Jan 1992

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 Jan 1992

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 Jan 1992

Lehnert V. Ferris Faculty Association: Accounting To Financial Core Members: Much A-Dues About Nothing?, Calvin Siemer

Fordham Law Review

No abstract provided.


The Rationalist Tradition At Trial, James L. Kainen Jan 1992

The Rationalist Tradition At Trial, James L. Kainen

Fordham Law Review

Analysis of Evidence: How to Do Things With Facts Based On Wigmore's Science of Judicial Proof, By Terrence Anderson and William Twining (with an Appendix on Probablity and Proof by Philip Dawid). Little, Brown and Company, and London: George Weidenfeld and Nicolson, Ltd., 1991. Pp. 457. $22.00. (Teacher's Manual. Pp. 181)


Bumper Cars: Themes Of Convergence In International Regulation, Michael P. Malloy Jan 1992

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 ...


The What, Why, And How Of Privatization: A World Bank Perspective, Mary M. Shirley Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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.


Turkey's New Financial Leasing Law And Industry, Unal Tekinalp Jan 1992

Turkey's New Financial Leasing Law And Industry, Unal Tekinalp

Fordham Law Review

In this Article, Professor Tekinalp describes Turkey's new and rapidly growing financial leasing industry. One of the reasons for this rapid growth is the newly enacted Law Concerning Financial Leasing ("LCFL"). Enacted before a financial leasing industry existed, the LCFL is unique in its heavy regulation of this industry. As a drafter of the LCFL, Professor Tekinalp offers insight into the operation and goals of the statute and provides fertile ground for comparison with other developments in international finance regulation.


An American Reflection On Turkey's Financial Leasing Industry, Carl Felsenfeld Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

Japanese Securities Regulation: Problems Of Enforcement, Nicole J. Ramsay

Fordham Law Review

No abstract provided.


Outside Investors: A New Breed Of Insider Traders?, Elyse Diamond Jan 1992

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 Jan 1992

The World Bank And The Imf: At The Forefront Of World Transformation, Kim Reisman

Fordham Law Review

No abstract provided.


Banking On Europe: 1992 And Emu, Nancy Louise Kessler Jan 1992

Banking On Europe: 1992 And Emu, Nancy Louise Kessler

Fordham Law Review

No abstract provided.


Putting Starch In European Efforts To Combat Money Laundering, Scott E. Mortman Jan 1992

Putting Starch In European Efforts To Combat Money Laundering, Scott E. Mortman

Fordham Law Review

No abstract provided.