Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Fordham Law School

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 6451 - 6480 of 8594

Full-Text Articles in Entire DC Network

Bioethical Consideration Of Maternal-Fetal Issues, Linda Farber Post Jan 1997

Bioethical Consideration Of Maternal-Fetal Issues, Linda Farber Post

Fordham Urban Law Journal

The relationship between a pregnant woman and her fetus is unlike any other in law, medicine, or ethics. This Article examines the complexity of the maternal-fetal conflict, focusing on the interests of the woman and the sometimes conflicting interests of her fetus. Part I discusses the typical analytical background of the conflict, explaining the various ethical principles, rights, and obligations involved such as autonomy, beneficence and nonmaleficence, and justice. Part II explores the various choices made by the pregnant woman, as well as the state’s attempts to regulate those choices on behalf of the fetus. This Article concludes that, while …

Go to article

Is There A Right To Physician-Assisted Suicide?, J. David Bleich Jan 1997

Is There A Right To Physician-Assisted Suicide?, J. David Bleich

Fordham Urban Law Journal

In Part I, the author explains that it is the adjudication between the conflicting claims of individual liberty, personal autonomy and self-determination versus the preservation of life as a societal value that is at the core of the issue posed by physician-assisted suicide. In Part II, author makes the case against suicide, noting that liberty is not absolute and the state retains powers of sovereignty to curtail an individual’s liberty in the face of a countervailing state interest. In Part III, the author discusses the relevant case law relating to the withdrawal of medical treatment. Part IV concludes with a …

Go to article

Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory Jan 1997

Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory

Fordham Urban Law Journal

This Article examines the deep human rights concerns within the transmogrifying world of work, focusing on the integral part that work plays in the definition, construction, maintenance, and enhancement of the social contract in the context of the New York City welfare workforce. Part I reviews the "employee"/partner/independent contractor distinctions, focusing on recent case law, the regulatory tax regime, and related issues. Part II examines the complex pressures that workfare legislation will exert throughout most sectors of the workforce and the unemployed. Part III explores the role of Catholic social teachings on workers' rights as well as the reemergence of …

Go to article

Rethinking The Supreme Court's Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine Jan 1997

Rethinking The Supreme Court's Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine

Fordham Urban Law Journal

Part I of this Article discusses Supreme Court cases prior to 1981, in which the Court first expressed its hands-off approach to deciding questions of religious practice and belief. This Part suggests that in these decisions, as a result of a proper concern for religious autonomy, the Court already began the process of expanding the principle of judicial non-interference, at the cost of sacrificing effective adjudication of important constitutional issues. Part II of this Article critiques the Court's approach in Free Exercise Clause cases, identifying different problems that have arisen as a result of the Court's approach. This Part argues …

Go to article

Corporate Governance: Does It Make A Difference?, Martin Lipton Jan 1997

Corporate Governance: Does It Make A Difference?, Martin Lipton

Fordham Journal of Corporate & Financial Law

No abstract provided.

Go to article

Representing Police Officers And Municipalities: A Conflict Of Interest For A Municipal Attorney In A 1983 Police Misconduct Suit, Nicole G. Tell Jan 1997

Representing Police Officers And Municipalities: A Conflict Of Interest For A Municipal Attorney In A 1983 Police Misconduct Suit, Nicole G. Tell

Fordham Law Review

No abstract provided.

Go to article

"Ever Been In A [Foreign] Prison?": The Implementation Of Transfer Of Penal Sanctions Treaties By U.S. States, David S. Finkelstein Jan 1997

"Ever Been In A [Foreign] Prison?": The Implementation Of Transfer Of Penal Sanctions Treaties By U.S. States, David S. Finkelstein

Fordham Law Review

No abstract provided.

Go to article

Shattering The Myth: Mediating Sexual Harassment Disputes In The Workplace, Carrie A. Bond Jan 1997

Shattering The Myth: Mediating Sexual Harassment Disputes In The Workplace, Carrie A. Bond

Fordham Law Review

No abstract provided.

Go to article

Dominant Strategic Themes Of The Natural Resource Industry, Robin G. Adams Jan 1997

Dominant Strategic Themes Of The Natural Resource Industry, Robin G. Adams

Fordham International Law Journal

SSpeech given at Session 3: Challenge Facing Resource Development. Mr. Adams highlighted the dominant strategic themes that he believes will characterize the natural resource industry as we enter the new century. It should be a period of solid underlying growth for mineral demand, although he added that periodic interruptions reflecting the usual cycles in the world economy will occur. Against this market background, the industry will be dealing with a number of unresolved issues from the late twentieth century, of which the taxation of economic rents, the cost-effectiveness of environmental regulations, and the impact of privatization and deregulation on the …

Go to article

The Ethical Implications Of The Globalization Of The Legal Profession: A Challenge To The Teaching Of Professional Responsibility In The Twenty-First Century, Mary C. Daly Jan 1997

The Ethical Implications Of The Globalization Of The Legal Profession: A Challenge To The Teaching Of Professional Responsibility In The Twenty-First Century, Mary C. Daly

Fordham International Law Journal

This Article accepts globalization as a defining characteristic of the world order of the late twentieth and the early twenty-first centuries and as a force majeure on the legal profession. It challenges the professional responsibility academy to explore the incipient structural transformations that are taking place on a macro level and to reconfigure the classic curriculum to acknowledge the ethical implications of the globalization of the legal profession.

Go to article

The Facilitation Of The Brady Plan: Emerging Markets Debt Trading From 1989 To 1993, Ross P. Buckley Jan 1997

The Facilitation Of The Brady Plan: Emerging Markets Debt Trading From 1989 To 1993, Ross P. Buckley

Fordham International Law Journal

This Article completes the analysis of the first decade of the modern emerging market's operation by considering two further periods: (iv) Adolescence: March 1989 to October 1991; and (v) Young Adulthood: October 1991 to December 1993. The primary importance of the market in these periods, as will be discovered, lies in its promotion and facilitation of the Brady Plan.

Go to article

Federalism: Essential Concepts In Evolution - The Case Of The European Union, Koen Lenaerts Jan 1997

Federalism: Essential Concepts In Evolution - The Case Of The European Union, Koen Lenaerts

Fordham International Law Journal

This Article aims to examine the instrumental aspects of the European Union structure in order to elucidate the degree of federalism that it contains. The analysis considers: the status of the central authority; the constitutional embedding of the division of powers between the central authority and the component entities; the existence of mechanisms to preserve the identity of the component entities; the foundation of the constitutional order on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law; and the enforceability of the constitution.

Go to article

The Importance Of Humility In Judicial Review: A Comment On Ronald Dworkin's Moral Reading Of The Constitution, Michael W. Mcconnell Jan 1997

The Importance Of Humility In Judicial Review: A Comment On Ronald Dworkin's Moral Reading Of The Constitution, Michael W. Mcconnell

Fordham Law Review

No abstract provided.

Go to article

Constitutional Fidelity/Democratic Agency, Frank I. Michelman Jan 1997

Constitutional Fidelity/Democratic Agency, Frank I. Michelman

Fordham Law Review

No abstract provided.

Go to article

Agreements With Hell And Other Objects Of Our Faith , J. M. Balkin Jan 1997

Agreements With Hell And Other Objects Of Our Faith , J. M. Balkin

Fordham Law Review

No abstract provided.

Go to article

Learning From Lincoln , William Michael Treanor Jan 1997

Learning From Lincoln , William Michael Treanor

Fordham Law Review

No abstract provided.

Go to article

Does The Constitution Deserve Our Fidelity: Colloquy Jan 1997

Does The Constitution Deserve Our Fidelity: Colloquy

Fordham Law Review

No abstract provided.

Go to article

Financial Reporting And Risk Mangagement In The 21st Century , Richard I. Miller, Michael R. Young Jan 1997

Financial Reporting And Risk Mangagement In The 21st Century , Richard I. Miller, Michael R. Young

Fordham Law Review

No abstract provided.

Go to article

The Admission Of Dna Evidence In State And Federal Courts, George Bundy Smith, Janet A. Gordon Jan 1997

The Admission Of Dna Evidence In State And Federal Courts, George Bundy Smith, Janet A. Gordon

Fordham Law Review

No abstract provided.

Go to article

California's Unconstitutional Punishment For Heinous Crimes: Chemical Castration Of Sexual Offenders, Raymond A. Lombardo Jan 1997

California's Unconstitutional Punishment For Heinous Crimes: Chemical Castration Of Sexual Offenders, Raymond A. Lombardo

Fordham Law Review

No abstract provided.

Go to article

Air Transport And Ec Competition Law, Lars Gorton Jan 1997

Air Transport And Ec Competition Law, Lars Gorton

Fordham International Law Journal

This Essay is about air transport and EC competition Law. The air transport industry has, in many countries, developed as a mixture of public utility and commercial venture. With the deregulation of the airline market, the EC Commission has also, to an increasing extent, become involved in the competition aspects of the airline industry. Part I deals with the transportation industry. Part II discusses liberalization within the EC. Finally, Part III deals with competition rules.

Go to article

The Millenium Approaches: Rethinking Article 85 And The Problems And Challenges In The Design And Enforcement Of The Ec Competition Rules, Mario Siragusa Jan 1997

The Millenium Approaches: Rethinking Article 85 And The Problems And Challenges In The Design And Enforcement Of The Ec Competition Rules, Mario Siragusa

Fordham International Law Journal

This Essay contributes to the discussion of competition law reforms, both at the level of the European institutions and within the Member States of the European Union, by considering the scope for altering the economic evaluation performed in the context of Article 85 of the EC Treaty. The Essay first describes, and accounts for, the European Commission's current interpretation of Article 85. The Essay then presents a number of criticisms of that interpretation and assesses possible changes to the present system of European competition enforcement. Finally, examples are given from the case law of the Court of Justice and the …

Go to article

Tokdo Or Takeshima? The Territorial Dispute Between Japan And The Republic Of Korea, Benjamin K. Sibbett Jan 1997

Tokdo Or Takeshima? The Territorial Dispute Between Japan And The Republic Of Korea, Benjamin K. Sibbett

Fordham International Law Journal

This Note analyzes Japan's and the Republic of Korea’s competing claims to Liancourt in light of traditional public international law, specifically the 1982 Convention and customary law found in past decisions by the International Court of Justice (“ICJ”) and arbitral bodies (collectively “international adjudicatory bodies”). Part I of this Note provides not only a brief historical overview on Japanese-Korean relations, but also a detailed review of relevant public international law. It outlines important provisions of the 1982 Convention, discusses widely-recognized means of territorial acquisition, and summarizes relevant decisions of international adjudicatory bodies. Part II examines each country's claim to Liancourt. …

Go to article

Resolution Of Trade Disputes By Chapter 19 Panels: A Long-Term Solution Or Interim Procedure Of Dubious Constitutionality, Gregory W. Carman Jan 1997

Resolution Of Trade Disputes By Chapter 19 Panels: A Long-Term Solution Or Interim Procedure Of Dubious Constitutionality, Gregory W. Carman

Fordham International Law Journal

Since World War II, international trade has expanded exponentially and the United States has had substantial incentives to negotiate trade agreements with a view toward lowering tariffs reciprocally. The United States has also benefited from entry into the North American Free Trade Agreement ("NAFTA") in 1992, the Canada-United States Free-Trade Agreement ("CFTA") in 1988, and the United States-Israel Free Trade Agreement in 1985. The Canadian goal had been to eliminate existing antidumping and countervailing duty rules [in the United States] and to negotiate a new set of laws modeled on competition law principles with a binational tribunal to enforce them. …

Go to article

Role Of Judges And Lawyers In Defending The Rule Of Law, Adama Dieng Jan 1997

Role Of Judges And Lawyers In Defending The Rule Of Law, Adama Dieng

Fordham International Law Journal

Speech given at Session 4: The Legal Profession and Human Rights. Adama Dieng discusses the rule of law, the threats arrayed against independent judicial branches, and, finally, how to guard the protection of lawyers and the independence of the judiciary as a condition for a rule of law.

Go to article

Global Finance And Markets: What Is Next, Steven M.H. Wallman Jan 1997

Global Finance And Markets: What Is Next, Steven M.H. Wallman

Fordham International Law Journal

Speech given at Session 1: The Global Capital Market: What's Next. Mr. Wallman spoke about the issue of globalization and how it raises a series of questions as to the direction of our markets over the long term. In addition, he noted that we tend to separate securities issues from banking or other financial services issues too frequently. He also elaborated on the points made earlier about the convergence--both geographic and product-wise--of financial services.

Go to article

Session 3: Challenge Facing Resource Development: Questions And Answers Moderated By Emilio J. Cárdenas, Robin G. Adams, Arthur Andersen, Irene King Jan 1997

Session 3: Challenge Facing Resource Development: Questions And Answers Moderated By Emilio J. Cárdenas, Robin G. Adams, Arthur Andersen, Irene King

Fordham International Law Journal

No abstract provided.

Go to article

Session 1: The Global Capital Market: What's Next: Questions And Answers Moderated By Meredith Brown, Michael E. Patterson, Toyoo Gyohten, Paul A. Volcker Jan 1997

Session 1: The Global Capital Market: What's Next: Questions And Answers Moderated By Meredith Brown, Michael E. Patterson, Toyoo Gyohten, Paul A. Volcker

Fordham International Law Journal

No abstract provided.

Go to article

Giuliano Amato, Antitrust And The Bounds Of Power, Barry E. Hawk Jan 1997

Giuliano Amato, Antitrust And The Bounds Of Power, Barry E. Hawk

Fordham International Law Journal

Barry E. Hawk reviews Giuliano Amato, Antitrust and the Bounds of Power. This Book Review states that Professor Giuliano Amato has successfully written a refreshing and insightful book on antitrust policy after more than a century of US debate and almost half a century of European debate. In his highly enlightening opus on Antitrust and the Bounds of Power, Professor Amato writes from the Olympian heights as the former head of the well respected Italian Antitrust Authority, a former Prime Minister of Italy, and a present professor at the European University Institute in Florence. The book places antitrust law in …

Go to article

The Arduous Virtue Of Fidelity: Originalism, Scalia, Tribe, And Nerve, Ronald Dworkin Jan 1997

The Arduous Virtue Of Fidelity: Originalism, Scalia, Tribe, And Nerve, Ronald Dworkin

Fordham Law Review

No abstract provided.

Go to article

First Prev Next Last