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Articles 6241 - 6270 of 8594
Full-Text Articles in Entire DC Network
Competition Law And Regulation Law From An Ec Perspective, John Temple Lang
Competition Law And Regulation Law From An Ec Perspective, John Temple Lang
Fordham International Law Journal
These comments look at the subject from a legal viewpoint, in contrast to the Essay by Professor Dr. Günter Knieps, which uses an economic approach. His Essay raises several issues concerning access: (1) who should be obliged to give it; (2) to whom; (3) in what circumstances; and (4) on what terms? In practice, the precise answers will depend on whether European Community (“Community” or “EC”) competition law, national competition law, or national telecommunications law based on Community directives, are being applied. As far as possible, the same answer should be given in all cases.
Acting "A Very Moral Type Of God": Triage Among Poor Clients, Paul R. Tremblay
Acting "A Very Moral Type Of God": Triage Among Poor Clients, Paul R. Tremblay
Fordham Law Review
No abstract provided.
I Don't Want To Play God—A Response To Professor Tremblay, Justine A. Dunlap
I Don't Want To Play God—A Response To Professor Tremblay, Justine A. Dunlap
Fordham Law Review
No abstract provided.
Human Rights And Human Wrongs: Is The United States Death Penalty System Inconsistent With International Human Rights Law, Warren Allmand, Stephen B. Bright, Rubin "Hurricane" Carter, Dorean Marguerite Koenig, William A. Schabas, W. L. Seriti
Human Rights And Human Wrongs: Is The United States Death Penalty System Inconsistent With International Human Rights Law, Warren Allmand, Stephen B. Bright, Rubin "Hurricane" Carter, Dorean Marguerite Koenig, William A. Schabas, W. L. Seriti
Fordham Law Review
No abstract provided.
The Tobacco Litigation And Attorneys' Fees, Daniel J. Capra, Lester Brickman, Michael Ciresi, Barbara S. Gillers, Robert Montgomery
The Tobacco Litigation And Attorneys' Fees, Daniel J. Capra, Lester Brickman, Michael Ciresi, Barbara S. Gillers, Robert Montgomery
Fordham Law Review
No abstract provided.
The Burden Of Proving Jurisdiction Under The Federal Tort Claims Act: A Uniform Approach To Allocation, Ugo Colella, Adam Bain
The Burden Of Proving Jurisdiction Under The Federal Tort Claims Act: A Uniform Approach To Allocation, Ugo Colella, Adam Bain
Fordham Law Review
No abstract provided.
Prior Restraint, Incommensurability, And The Constitutionalism Of Means, Ariel L. Bendor
Prior Restraint, Incommensurability, And The Constitutionalism Of Means, Ariel L. Bendor
Fordham Law Review
No abstract provided.
The Independent Counsel Investigation, The Impeachment Proceedings, And President Clinton's Defense: Inquiries Into The Role And Responsibilities Of Lawyers, Symposium, Imprudence And Partisanship: Starr's Oic And The Clinton-Lewinsky Affair, Robert W. Gordon
Fordham Law Review
No abstract provided.
The Independent Counsel Investigation, The Impeachment Proceedings, And President Clinton's Defense: Inquiries Into The Role And Responsibilities Of Lawyers, Symposium, Independent Counsel And The Charges Of Leaking: A Brief Case Study, Ronald D. Rotunda
Fordham Law Review
No abstract provided.
Maneuvering Through The Labryinth: The Employers' Paradox In Responding To Hostile Environment Sexual Harassment —A Proposed Way Out, Estelle D. Franklin
Maneuvering Through The Labryinth: The Employers' Paradox In Responding To Hostile Environment Sexual Harassment —A Proposed Way Out, Estelle D. Franklin
Fordham Law Review
No abstract provided.
U.S.-Russian Mutual Legal Assistance Treaty: Is There A Way To Control Russian Organized Crime?, Eugene Solomonov
U.S.-Russian Mutual Legal Assistance Treaty: Is There A Way To Control Russian Organized Crime?, Eugene Solomonov
Fordham International Law Journal
This Comment analyzes U.S. and Russian bilateral cooperation in fighting organized crime and the difficulties associated with this fight. Part I of this Comment presents the historical development of Russian organized crime, its domestic effects, and its internationalization, particularly in the United States. Part I also highlights the Russian government's legislative attempts to combat organized crime. Finally, Part I examines examples of international bilateral cooperation, such as that between Israel and the United States, which can be emulated by the Russian and U.S. authorities. Part II analyzes the existing Mutual Legal Assistance Agreement (“MLAA”) between the United States and the …
Modernization Of Ec Competition Law: Reform Of Regulation No. 17, Alexander Schaub
Modernization Of Ec Competition Law: Reform Of Regulation No. 17, Alexander Schaub
Fordham International Law Journal
Ladies and Gentlemen, at last year's conference I presented to you a wide variety of ongoing and proposed reforms with which the European Union intends to meet actual and future challenges for its competition policy. Today, one year later, we have made considerable progress in many respects. Most importantly, with our White Paper of 28 April 1999, we have launched the process for a fundamental reform of the rules implementing Articles 81 and 82 of the Treaty establishing the European Community (‘EC Treaty‘), which are currently laid down in Council Regulation No. 17. Anticipating your expectations and my fellow panelists' …
Some Reflections On The One-China Principle, Su Wei
Some Reflections On The One-China Principle, Su Wei
Fordham International Law Journal
There is but one China in the world. Taiwan is a part of China and the Government of the People's Republic of China is the sole legal government representing the whole of China. This is the basic content of the one-China principle. As one of the world's few time-honored countries, China has fine traditions and a brilliant civilization that can be traced back to ancient times. Such a civilization and traditions have nourished a Chinese culture of national unity as well as a set of values cherishing and defending unity. Deeply rooted in these Chinese cultural and philosophical backgrounds, the …
Defense Requests For International Judical Assistance: The U.K. Perspective, Christopher Murray
Defense Requests For International Judical Assistance: The U.K. Perspective, Christopher Murray
Fordham International Law Journal
The purpose of this Essay is to examine the machinery for providing evidence to defendants in foreign proceedings and the extent to which there is equality of arms and opportunity between the prosecutor and defendant when obtaining evidence from abroad in U.K. proceedings. This Essay will also identify the new problems that are starting to emerge when such equality is threatened. To do so, it explores the mechanism by which mutual assistance is governed in the United Kingdom - the Criminal Justice (International Co-operation) Act of 1990.
The Effects Of Deregulation On Competition: The Experience Of The United States, Richard A. Posner
The Effects Of Deregulation On Competition: The Experience Of The United States, Richard A. Posner
Fordham International Law Journal
Most economists agree that the net effect of the deregulation movement in the United States has been to increase efficiency, with resulting increases in consumer welfare. Because deregulation contemplates the substitution of competition for regulation as the “regulator” of the deregulated markets, deregulation increases the importance of antitrust law as a means of preventing unregulated firms from eliminating competition among themselves by mergers or price-fixing agreements. This is a particularly important point to remind Europeans, in view of the fact that historically antitrust has played a smaller role in European than U.S. law. It is important that ‘competition‘ be understood …
The Concept Of Disclosure Within European Financial Institutions, Peter Nobel
The Concept Of Disclosure Within European Financial Institutions, Peter Nobel
Fordham International Law Journal
I have been asked to make a few remarks regarding Arthur Laby's presentation, but, as everyone knows, it is very hard to discuss anything with the Securities Exchange Commission (“SEC”). As far as I can see, the conceptual interplay of ‘disclosure versus substantive rules,‘ or rather — in its historical order — ‘substantive rules versus disclosure,‘ has not yet been widely discussed in Europe. Let me first set out what I mean by the two approaches as there are probably differences of definition between the United States and Europe, and, indeed, my understanding differs a bit from the one presented …
Antitrust Law And Pay-Tv: The Italian Case, Claudio Cocuzza
Antitrust Law And Pay-Tv: The Italian Case, Claudio Cocuzza
Fordham International Law Journal
Television (or “TV”) broadcasting today is in the wake of a critical technological revolution. The development of new technologies is becoming increasingly rapid and the legal scenario is changing daily and sometimes disorganically. Regulation in this field is strictly connected with technology and its evolution. For this reason, it is worthwhile to go through a brief outline of the last and most significant television broadcasting techniques. Distribution of TV “signals” has occurred in Europe and especially in Italy — until the beginning of the present decade — almost exclusively through terrestrial networks, i.e. via etere. This situation means that in …
Interjurisdictional Competition Within The European Union, Wolfgang Kerber
Interjurisdictional Competition Within The European Union, Wolfgang Kerber
Fordham International Law Journal
Part I of this Essay shows that two central principles of the EC, namely mobility between Member States and decentralization of economic policies (subsidiarity), imply that Member States and other lower-level jurisdictions necessarily are in competition with one another (locational competition). Part II presents an outline of a theory of interjurisdictional competition that suggests, first, that only a competitive system of jurisdictions can be compatible with both decentralization and mobility and, second, that interjurisdictional competition may be a superior way of supplying public goods and services. Part III argues that the institutional structure of the EC has failed to take …
Perspectives On Competition Law: Problems And Solutions, David A.O. Edward
Perspectives On Competition Law: Problems And Solutions, David A.O. Edward
Fordham International Law Journal
This essay suggests that it does not follow that competition between jurisdictions is good merely because competition between economic operators in pursuit of economic goals is a good thing. The result, as the discussion on television indicated, may simply be a jurisdictional mess, as Dr. Markus Wagemann put it. You end up with all sorts of people seeking to pursue their own values: cultural values, regional values, and linguistic values; and the economic operator simply does not know where he or she stands in this jurisdictional competition. This point can perhaps be completed by simply mentioning a remark made to …
Interconnection And Network Access, Gunter Knieps
Interconnection And Network Access, Gunter Knieps
Fordham International Law Journal
The purpose of this Essay is to focus on the role of market power where interconnection and network access problems are involved. The Essay is organized by parts. Part I sketches the European Union history with respect to open network provision (“ONP”) policy. In Part II, the market-share concept of market power applied within Council Directive 97/33, European Community on Interconnection in Telecommunications of June 30, 1997 (“Interconnection Directive”) is criticized as an important source for an oversized regulatory basis. Instead, the criteria for an economically justified disaggregated regulatory framework for the ONP concept is pointed out in order to …
In Finley's Wake: Forging A Viable First Amendment Approach To The Government's Subsidization Of The Arts, Eric J. Cleary
In Finley's Wake: Forging A Viable First Amendment Approach To The Government's Subsidization Of The Arts, Eric J. Cleary
Fordham Law Review
No abstract provided.
Fair Use, Lloyd L. Weinreb
A Call To Context: The Professional Challenges Of Cause Lawyering At The Intersection Of Race, Space, And Poverty, John O. Calmore
A Call To Context: The Professional Challenges Of Cause Lawyering At The Intersection Of Race, Space, And Poverty, John O. Calmore
Fordham Law Review
No abstract provided.
And Justice For All—Including The Unrepresented Poor: Revisiting The Roles Of The Judges, Mediators, And Clerks, Russell Engler
And Justice For All—Including The Unrepresented Poor: Revisiting The Roles Of The Judges, Mediators, And Clerks, Russell Engler
Fordham Law Review
No abstract provided.
Collaboration Between Lawyers And Social Workers: Re-Examining The Nature And Potential Of The Relationship, Paula Galowitz
Collaboration Between Lawyers And Social Workers: Re-Examining The Nature And Potential Of The Relationship, Paula Galowitz
Fordham Law Review
No abstract provided.
Nonlawyer Legal Assistance And Access To Justice, Alex J. Hurder
Nonlawyer Legal Assistance And Access To Justice, Alex J. Hurder
Fordham Law Review
No abstract provided.
Positional Conflicts In The Pro Bono Context: Ethical Considerations And Market Forces, Esther F. Lardent
Positional Conflicts In The Pro Bono Context: Ethical Considerations And Market Forces, Esther F. Lardent
Fordham Law Review
No abstract provided.
In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno
In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno
Fordham Law Review
No abstract provided.
Bibliography To The Conference On The Delivery Of Legal Services To Low-Income Persons: Professional And Ethical Issues
Fordham Law Review
No abstract provided.
Time, Uncertainty, And The Law Of Corporate Reorganizations, John M. Czarnetzky
Time, Uncertainty, And The Law Of Corporate Reorganizations, John M. Czarnetzky
Fordham Law Review
No abstract provided.