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Articles 1 - 30 of 47

Full-Text Articles in Law

Rule 10b-5 And Transnational Bankruptcies: Whose Law Should Apply?, Lauren D. Rosenthal Jan 1993

Rule 10b-5 And Transnational Bankruptcies: Whose Law Should Apply?, Lauren D. Rosenthal

Fordham Law Review

No abstract provided.


Foreword, Milton V. Freeman Jan 1993

Foreword, Milton V. Freeman

Fordham Law Review

No abstract provided.


The Mother Court And The Foreign Plaintiff: Does Rule 10b-5 Reach Far Enough?, James J. Finnerty, Iii Jan 1993

The Mother Court And The Foreign Plaintiff: Does Rule 10b-5 Reach Far Enough?, James J. Finnerty, Iii

Fordham Law Review

No abstract provided.


10b-5 Or Not 10b-5: Are The Current Efforts To Reform Securities Litigation Misguided?, Adam F. Ingber Jan 1993

10b-5 Or Not 10b-5: Are The Current Efforts To Reform Securities Litigation Misguided?, Adam F. Ingber

Fordham Law Review

No abstract provided.


The Sister Sovereign States: Preemption And The Second Twentieth Century Revolution In The Law Of The American Workplace, Henry H. Drummonds Jan 1993

The Sister Sovereign States: Preemption And The Second Twentieth Century Revolution In The Law Of The American Workplace, Henry H. Drummonds

Fordham Law Review

In this Article, Professor Drummonds examines the division of workplace regulatory authority between the states and the federal government. The Article first explores the decline of the New Deal system of collective bargaining and reviews the debates ignited by this decline. It then reviews the role of state law in regulating the workplace, and illustrates the complex relationship between federal and state law in the workplace by examining reductions in coverage for AIDS in employer-provided group medical plans. The Article sets forth a framework and theory for deciding federal-state authority issues. It analyzes traditional preemption doctrine and recent Supreme Court ...


Vertical Restraints, Efficiency, And The Real World, Jean Wegman Burns Jan 1993

Vertical Restraints, Efficiency, And The Real World, Jean Wegman Burns

Fordham Law Review

In this Article, Professor Burns addresses the rise of economic efficiency in antitrust jurisprudence. She argues that the theory is incomplete in that it fails to address “noneconomic” concerns, such as dealer fairness, intraband competition, and business ethics, which society wishes addressed. Societal concern, she argues, is evidenced by the rise of dealer fairness remedies outside the realm of antitrust law. In addition, she argues that the public regards the economic efficiency theory as out of touch with reality as evidenced by the vocal opposition of sophisticated consumer groups to modern Chicago-School-influenced antitrust jurisprudence. She concludes by voicing support for ...


Witness For The Prosecution: Prosecutorial Discovery Of Information Generated By Non-Testifying Defense Psychiatric Experts, Elizabeth F. Maringer Jan 1993

Witness For The Prosecution: Prosecutorial Discovery Of Information Generated By Non-Testifying Defense Psychiatric Experts, Elizabeth F. Maringer

Fordham Law Review

No abstract provided.


Beyond Batson V. Kentucky: A Proposed Ethical Rule Prohibiting Racial Discrimination In Jury Selection, Andres G. Gordon Jan 1993

Beyond Batson V. Kentucky: A Proposed Ethical Rule Prohibiting Racial Discrimination In Jury Selection, Andres G. Gordon

Fordham Law Review

No abstract provided.


The Societas Europea: The Evolving European Corporation Statute, Terence L. Blackburn Jan 1993

The Societas Europea: The Evolving European Corporation Statute, Terence L. Blackburn

Fordham Law Review

In this Article, Professor Blackburn examines and evaluates the Commission of the European Community's 1991 proposed European corporation statute, which represents the Commission's latest endeavor into creating a new form of business organization that possesses a European identity independent of the laws of the member states that comprise the European Economic Community. Professor Blackburn argues that this proposal fails because it places too much reliance on member state law for matters of basic structure and management, and therefore incorporates by reference the material variations in company law that exist among the member states. Professor Blackburn moreover contends that ...


The Legal, Ethical, And Social Implications Of The "Reasonable Woman" Standard In Sexual Harassment Cases, Robert S. Adler, Ellen R. Peirce Jan 1993

The Legal, Ethical, And Social Implications Of The "Reasonable Woman" Standard In Sexual Harassment Cases, Robert S. Adler, Ellen R. Peirce

Fordham Law Review

In this Article, Professors Adler and Peirce examine the development and implications of the "reasonable woman" standard that is gaining increasing acceptance as the appropriate gauge for measuring the offensiveness of the conduct at issue in sexual harassment cases. The authors begin by reviewing the origins of sexual harassment law under Title VII of the Civil Rights Act of 1964, paying particular attention to the history of "hostile environment" causes of action. Professors Adler and Peirce then discuss how and why the reasonable woman standard evolved as an alternative to the conventional "reasonable man" and "reasonable person "standards that had ...


Appellate Advocacy: Some Reflections From The Bench, Lawrence W. Pierce Jan 1993

Appellate Advocacy: Some Reflections From The Bench, Lawrence W. Pierce

Fordham Law Review

In this Essay, Judge Pierce explores historical and modern attributes of appellate advocacy and provides insightful guidance on some relevant considerations for effective advocacy on the appellate level Judge Pierce discusses methods which advocates may utilize to improve their proficiency at brief writing and oral argument but also cautions advocates that the appellate process begins at the trial level in preserving issues for appeal Judge Pierce also reflects upon his experiences in over 21 years on the federal bench when examining some of the strategic, practical and ethical considerations, as well as persuasive methods, for successful appellate advocacy.


Competition For Corporate Charters And The Lesson Of Takeover Statutes, Roberta Romano Jan 1993

Competition For Corporate Charters And The Lesson Of Takeover Statutes, Roberta Romano

Fordham Law Review

In this Essay, Professor Romano considers the efficacy of competition among states for tax revenues generated by corporate charters. To this end, she focuses on how state takeover regulation-regulation which tends to benefit management rather than shareholders--affects this competition. She argues that federalism provides a safety net which protects investor interests and reduces the likelihood of self-serving management decisions. Professor Romano concludes that the current state-based system of incorporation is preferable to a national regime.


Intercepting Refugees At Sea: An Analysis Of The United States' Legal And Moral Obligations, Suzanne Gluck Jan 1993

Intercepting Refugees At Sea: An Analysis Of The United States' Legal And Moral Obligations, Suzanne Gluck

Fordham Law Review

No abstract provided.


Justices Harlan And Black Revisited: The Emerging Dispute Between Justice O'Connor And Justice Scalia Over Unenumerated Fundamental Rights, David B. Anders Jan 1993

Justices Harlan And Black Revisited: The Emerging Dispute Between Justice O'Connor And Justice Scalia Over Unenumerated Fundamental Rights, David B. Anders

Fordham Law Review

No abstract provided.


Section 365 Versus 362: Applying The Automatic Stay To Prevent Unilateral Termination In A Bankruptcy Setting, Robert J. Verga Jan 1993

Section 365 Versus 362: Applying The Automatic Stay To Prevent Unilateral Termination In A Bankruptcy Setting, Robert J. Verga

Fordham Law Review

No abstract provided.


Bondage, Domination, And The Art Of The Deal: An Assessment Of Judicial Strategies In Lender Liability Good Faith Litigation, A. Brooke Overby Jan 1993

Bondage, Domination, And The Art Of The Deal: An Assessment Of Judicial Strategies In Lender Liability Good Faith Litigation, A. Brooke Overby

Fordham Law Review

In the 1980s the contractual obligation of good faith and fair dealing achieved preeminence in the area of lender liability. This raised concerns that expansive judicial interpretation of the obligation would, in effect, rewrite the parties' contracts and result in the imposition of undue economic liability upon lenders. In this Article Professor Overby first traces the statutory, common law, and theoretical attempts to provide transactors with legal standards of conduct through the obligation of good faith. She then examines the judicial approaches to good faith in the lending context, rejecting as unfounded concerns over economic liability or widespread judicial activism ...


Political Reality Testing: 1993, Derrick Bell Jan 1993

Political Reality Testing: 1993, Derrick Bell

Fordham Law Review

No abstract provided.


Myth And Reality--Or, Is It "Perception And Taste"?--In The Reading Of Donative Documents, James L. Robertson Jan 1993

Myth And Reality--Or, Is It "Perception And Taste"?--In The Reading Of Donative Documents, James L. Robertson

Fordham Law Review

No abstract provided.


Perspectives On Disclosing Rape Victims' Names, Deborah W. Denno Jan 1993

Perspectives On Disclosing Rape Victims' Names, Deborah W. Denno

Fordham Law Review

In this Essay, Professor Denno examines the century-long conflict between an individual's right to privacy and the freedom of the press in the context of the media's disclosure of rape victims' names. Part I briefly reviews the United States Supreme Court's primary rulings on this topic, explaining that the Court has generally protected the freedom of the press under the First Amendment Part I emphasizes, however, that the Court has left available an opportunity for a con- trary interpretation under certain circumstances in Florida Star v. BJ.F., the Court's last ruling concerning the disclosure of ...


The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Michael Gartner Jan 1993

The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Michael Gartner

Fordham Law Review

No abstract provided.


The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Linda Fairstein Jan 1993

The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Linda Fairstein

Fordham Law Review

No abstract provided.


The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Helen Benedict Jan 1993

The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Helen Benedict

Fordham Law Review

No abstract provided.


New Technology, Old Problem: Determining First Amendment Status Of Electronic Information Services, Phillip H. Miller Jan 1993

New Technology, Old Problem: Determining First Amendment Status Of Electronic Information Services, Phillip H. Miller

Fordham Law Review

No abstract provided.


Warming The Bench: The Nonstatutory Labor Exemption In The National Football League, Johnathan S. Shapiro Jan 1993

Warming The Bench: The Nonstatutory Labor Exemption In The National Football League, Johnathan S. Shapiro

Fordham Law Review

No abstract provided.


A Comprehensive Theory Of Protective Jurisdiction: The Missing "Ingredient" Of "Arising Under" Jurisdiction, Loretta Shaw Jan 1993

A Comprehensive Theory Of Protective Jurisdiction: The Missing "Ingredient" Of "Arising Under" Jurisdiction, Loretta Shaw

Fordham Law Review

No abstract provided.


Rule 10b-5 As An Adaptive Organism, Donald C. Langevoort Jan 1993

Rule 10b-5 As An Adaptive Organism, Donald C. Langevoort

Fordham Law Review

In this Article, Professor Langevoort examines the adaptive qualities of Rule 10b-5 and how the rule has remained intact despite sweeping changes in the intellectual and political landscapes in which it operates. In Professor Langevoort's view, Rule l0b-5's survival is largely due to the flexibility of its language which has enabled the rule to embrace malleable social perceptions of the securities market and the securities business. Professor Langevoort also addresses the question of whether Rule l0b-5 has outlived its usefulness and should therefore be repealed and replaced by more precisely-drafted legislation. Professor Langevoort concludes that Rule l0b-5's ...


Can 10b-5 For The Banks--The Effect Of An Antifraud Rule On The Regulation Of Banks, Michael P. Malloy Jan 1993

Can 10b-5 For The Banks--The Effect Of An Antifraud Rule On The Regulation Of Banks, Michael P. Malloy

Fordham Law Review

In this Article, Professor Malloy explores the effects of the federal securities antifraud rule on the regulation of banks. In particular, he focuses on the changes in regulation of commercial bank trust department activities that followed the revelations in Texas Gulf Sulphur of alleged tipping between the commercial and trust departments of a major New York bank He also argues that federal bank regulatory policy has now turned away from disclosure-oriented regulation in favor of capital supervision, and that this may be a mistaken approach to the regulation of banking.


Congratulations From Your Continental Cousins, 10b-5: Securities Fraud Regulation From The European Perspective, Gerhard Wegen Jan 1993

Congratulations From Your Continental Cousins, 10b-5: Securities Fraud Regulation From The European Perspective, Gerhard Wegen

Fordham Law Review

No abstract provided.


As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch Jan 1993

As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch

Fordham Law Review

In this Article. Professor Fisch examines the history and legacy of Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilberston, the controversial 1991 Supreme Court decision that established a federal statute of limitations for private causes of action brought under Rule 10b-5. In Part I Professor Fisch reviews the history of the 10b-5 statute of limitations prior to LampE Part II then analyzes both the issues resolved and questions raised by Lampf. Part III traces the congressional reaction to Lampf that culminated in the addition of section 27A to the Securities Act of 1934. In Part IV, Professor Fisch concludes by analyzing ...


The Rise And Fall (And Rise) Of Information-Based Insider Trading Enforcement, Thomas A. Mcgrath, Iii Jan 1993

The Rise And Fall (And Rise) Of Information-Based Insider Trading Enforcement, Thomas A. Mcgrath, Iii

Fordham Law Review

No abstract provided.