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The Protection Of Human Rights In The New Polish Constitution, Ryszard Cholewinski Jan 1998

The Protection Of Human Rights In The New Polish Constitution, Ryszard Cholewinski

Fordham International Law Journal

This Article examines the extent of human rights protection under the Constitution of the Republic of Poland of April 2, 1997 ("new Polish Constitution" or "Constitution"), adopted on April 2, 1997, by the Polish National Assembly and approved by the Polish people in a referendum on May 25, 1997. The Constitution, a lengthy document composed of 243 articles, came into force on October 17, 1997, and is one of the last constitutions to be adopted in Central and Eastern Europe since the start of the political and socio-economic transformations of the post-communist era. This Article emphasizes the importance of the …


A New Human Right--The Right To Globalization, Michael D. Pendleton Jan 1998

A New Human Right--The Right To Globalization, Michael D. Pendleton

Fordham International Law Journal

This Essay attempts to give globalization an ideology and suggests that global identity and allegiance will use the law to establish these ideals. It argues that the principal tool will be extensions via the legal device of human rights--an individual's human right to globalization. This Essay also argues that national allegiance and globalization cannot stand together. Today, national allegiance is an anachronism and simply wrong. In the past, it was, in many cases, considered a virtue and resulted often in the highest individual self-sacrifice for the common good. Human rights to globalization, it is argued, entail at least the following …


Local Administration And The Binding Nature Of Community Directives: A Lesser Known Side Of European Legal Integration, Kurt Riechenberg Jan 1998

Local Administration And The Binding Nature Of Community Directives: A Lesser Known Side Of European Legal Integration, Kurt Riechenberg

Fordham International Law Journal

This article will deal with specific aspects of the divided-power system of the European Union and provide a legal analysis concerning federalism issues in the European Union raised before the Court of Justice that are similar to those in the United States. First, the article will reference recent U.S. case law on federalism. The bulk of the Article will concentrate on the question of whether and to what extent European Community ("EC") directives, as legislative instruments, are capable of mandating specific courses of action to be pursued on the local or regional level in Member States. Next, the article will …


A Religious Perspective On Legal Practice And Ethics, Joseph Allegretti Jan 1998

A Religious Perspective On Legal Practice And Ethics, Joseph Allegretti

Fordham Law Review

No abstract provided.


Practicing Criminal Law: A Jewish Law Analysis Of Being A Prosecutor Or Defense Attorney, Michael J. Broyde Jan 1998

Practicing Criminal Law: A Jewish Law Analysis Of Being A Prosecutor Or Defense Attorney, Michael J. Broyde

Fordham Law Review

No abstract provided.


Response To Joseph Allegretti: The Relevance Of Religion To A Lawyer's Work, Lawrence A. Hoffman Jan 1998

Response To Joseph Allegretti: The Relevance Of Religion To A Lawyer's Work, Lawrence A. Hoffman

Fordham Law Review

No abstract provided.


What Does Religion Have To Do With Legal Ethics? A Response To Professor Allegretti, James M. Jenkins Jan 1998

What Does Religion Have To Do With Legal Ethics? A Response To Professor Allegretti, James M. Jenkins

Fordham Law Review

No abstract provided.


Jurisprudence And Theology, Edward B. Foley Jan 1998

Jurisprudence And Theology, Edward B. Foley

Fordham Law Review

No abstract provided.


How Far Can We Separate Theology And Jurisprudence? Comment On Edward B. Foley's Jurisprudence And Theology, John Langran Jan 1998

How Far Can We Separate Theology And Jurisprudence? Comment On Edward B. Foley's Jurisprudence And Theology, John Langran

Fordham Law Review

No abstract provided.


The Relevance Of Religion To A Lawyer's Work: Legal Ethics, Leslie Griffin Jan 1998

The Relevance Of Religion To A Lawyer's Work: Legal Ethics, Leslie Griffin

Fordham Law Review

No abstract provided.


Negotiating Between Two Convictional Systems, Anver M. Emon Jan 1998

Negotiating Between Two Convictional Systems, Anver M. Emon

Fordham Law Review

No abstract provided.


Religion Is Not Totally Irrelevant To Legal Ethics, Monroe H. Freedman Jan 1998

Religion Is Not Totally Irrelevant To Legal Ethics, Monroe H. Freedman

Fordham Law Review

No abstract provided.


The Relevance Of Religion To A Lawyer's Work - Legal Ethics: A Response To Professor Griffin, Thomas D. Morgan Jan 1998

The Relevance Of Religion To A Lawyer's Work - Legal Ethics: A Response To Professor Griffin, Thomas D. Morgan

Fordham Law Review

No abstract provided.


Risking The Terrible Question Of Religion In The Life Of The Lawyer, Burnele Venable Powell Jan 1998

Risking The Terrible Question Of Religion In The Life Of The Lawyer, Burnele Venable Powell

Fordham Law Review

No abstract provided.


General Reponses To The Conferece, Symposium, Comment, Milner S. Ball Jan 1998

General Reponses To The Conferece, Symposium, Comment, Milner S. Ball

Fordham Law Review

No abstract provided.


Speak No Evil, Seek No Evil, Do No Evil: Client Selection And Cooperation With Evil, Teresa Stanton Collett Jan 1998

Speak No Evil, Seek No Evil, Do No Evil: Client Selection And Cooperation With Evil, Teresa Stanton Collett

Fordham Law Review

No abstract provided.


The Lawyer's Duties Of Confidentiality And Avoidance Of Harm To Others: Lessons From Sunday School, Steven H. Hobbs Jan 1998

The Lawyer's Duties Of Confidentiality And Avoidance Of Harm To Others: Lessons From Sunday School, Steven H. Hobbs

Fordham Law Review

No abstract provided.


The Religious Lawyer In A Pluralist Society, Howard Lesnick Jan 1998

The Religious Lawyer In A Pluralist Society, Howard Lesnick

Fordham Law Review

No abstract provided.


Religious Symbols And Religious Garb In The Courtroom: Personal Values And Public Judgments, Samuel J. Levine Jan 1998

Religious Symbols And Religious Garb In The Courtroom: Personal Values And Public Judgments, Samuel J. Levine

Fordham Law Review

No abstract provided.


Agenda: The Duty Of Confidentiality And Harm To Others: Group #6 Jan 1998

Agenda: The Duty Of Confidentiality And Harm To Others: Group #6

Fordham Law Review

No abstract provided.


If Not Marriage? On Securing Gay And Lesbian Family Values By A "Simulacrum Of Marriage", Craig W. Christensen Jan 1998

If Not Marriage? On Securing Gay And Lesbian Family Values By A "Simulacrum Of Marriage", Craig W. Christensen

Fordham Law Review

The benefits of [homosexual] marriage may outweigh the costs. Nonetheless, since the public hostility to homosexuals in this country is too widespread to make homosexual marriage a feasible proposal even if it is on balance cost-justified, maybe the focus should be shifted to an intermediated solution that would give gomosexuals most of what they want . . . . . . . What . . . is called registered partnership and . . . homosexual cohabitation [in some countries] is in effect a form contract that comosexuals can use to create a simulacrum of marriage. Richard A. Posner, Sex and …


Clinton County Commissioners V. Epa: Closing Off A Route To Pre-Enforcement Review, Karen M. Hoffman Jan 1998

Clinton County Commissioners V. Epa: Closing Off A Route To Pre-Enforcement Review, Karen M. Hoffman

Fordham Law Review

No abstract provided.


Continuity For Transatlantic Commercial Contracts After The Introduction Of The Euro, Rebecca H. Marek Jan 1998

Continuity For Transatlantic Commercial Contracts After The Introduction Of The Euro, Rebecca H. Marek

Fordham Law Review

No abstract provided.


A Return Of Professionalism, Paul J. Kelley, Jr. Jan 1998

A Return Of Professionalism, Paul J. Kelley, Jr.

Fordham Law Review

No abstract provided.


Our Administrative System Of Criminal Justice, Gerard E. Lynch Jan 1998

Our Administrative System Of Criminal Justice, Gerard E. Lynch

Fordham Law Review

In Honor of William M. Tendy. Bill Tendy was already a legend among federal prosecutors when I first served as an Assistant United States Attorney for the Southern District of New York in the early 1980s. To us youngsters, Bill even then seemed a survivor from another era, when prosecutors really did resemble the tough-talking Hollywood DAs played by actors like Brian Donleavy - while we felt more like insecure young lawyers who should be played by Michael J. Fox or Calista Flockhart. Partly, of course, this was just a function of age and experience; hard as it was to …


The Other "Neglected" Parties In Child Protective Proceedings: Parents In Poverty And The Role Of The Lawyers Who Represent Them, Kathleen A. Bailie Jan 1998

The Other "Neglected" Parties In Child Protective Proceedings: Parents In Poverty And The Role Of The Lawyers Who Represent Them, Kathleen A. Bailie

Fordham Law Review

No abstract provided.


Will Jewish Prisoners Be Boerne Again? Legislative Responses To City Of Boerne V. Flores, Yehuda M. Braunstein Jan 1998

Will Jewish Prisoners Be Boerne Again? Legislative Responses To City Of Boerne V. Flores, Yehuda M. Braunstein

Fordham Law Review

No abstract provided.


Adapting Title Vii To Modern Employment Realities: The Case For The Unpaid Intern, Craig J. Ortner Jan 1998

Adapting Title Vii To Modern Employment Realities: The Case For The Unpaid Intern, Craig J. Ortner

Fordham Law Review

No abstract provided.


An Argument For Preserving The Agency Defense As Applied To Prosecutions For Unlawful Sale, Delivery, And Possession Of Drugs, Scott W. Parker Jan 1998

An Argument For Preserving The Agency Defense As Applied To Prosecutions For Unlawful Sale, Delivery, And Possession Of Drugs, Scott W. Parker

Fordham Law Review

No abstract provided.


Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis Jan 1998

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis

Fordham Law Review

No abstract provided.