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Articles 7021 - 7050 of 8570
Full-Text Articles in Entire DC Network
The S&L Debacle, Lawrence J. White
The S&L Debacle, Lawrence J. White
Fordham Law Review
This speech was given by Professor White as part of the annual Financial Institutions and Regulation Symposium at the Fordham University School of Law
Deregulation: Invitation To Disaster In The S&L Industry, Fred E. Case
Deregulation: Invitation To Disaster In The S&L Industry, Fred E. Case
Fordham Law Review
This speech was given by Professor Case as part of the Annual Financial Institutions and Regulation Symposium at the Fordham School of Law.
Judicial Responses To The Recent Enforcement Activities Of The Federal Banking Regulators, Lawrence G. Baxter
Judicial Responses To The Recent Enforcement Activities Of The Federal Banking Regulators, Lawrence G. Baxter
Fordham Law Review
Paper presented on April 12, 1991, as part of the Fordham University School of Law's Graduate Colloquium 1990-1991, The S&L Crisis: Death and Transfiguration. This paper is a pilot for a study being prepared for the Administrative Conference of the United States on the enforcement powers of the federal banking agencies. The views expressed herein are those of the author and do not necessarily reflect those of the Conference, its members or its staff.
A State's Response To The United States Tresury Department Proposals To Modernize The Nation's Banking System, Jill M. Considine
A State's Response To The United States Tresury Department Proposals To Modernize The Nation's Banking System, Jill M. Considine
Fordham Law Review
This speech was given by Superintendent Considine as part of the annual Financial Institutions and Regulation Symposium at the Fordham University School of Law.
Playing With Firrea, Not Getting Burned: Statutory Overview Of The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Anthony C. Providenti, Jr.
Playing With Firrea, Not Getting Burned: Statutory Overview Of The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Anthony C. Providenti, Jr.
Fordham Law Review
No abstract provided.
Double Jeopardy, Complex Crimes And Grady V. Corbin, Tat Man J. So
Double Jeopardy, Complex Crimes And Grady V. Corbin, Tat Man J. So
Fordham Law Review
No abstract provided.
Collaborative Joint Ventures For Research And Development Where Markets Are Concentrated: The Competition Rules Of The Common Market And The Invalidity Of Contracts, Valentine Korah
Fordham International Law Journal
This Article describes the concerns of the European Commission's Competition Department about joint ventures for research and development and the problems caused for businessmen by the Commission's practice of exempting rather than clearing agreements that make the market more competitive. National courts may follow the Commission's practice in relation to Article 85(1), and they have no power to exempt. Consequently, ancillary restrictions on conduct that make it worthwhile for a party to contribute to a joint venture may not be enforceable.
The Principles Of Interpretation Applied By The Court Of Justice Of The European Communities And Their Relevance For The Scope Of The Eec Competition Rules, Bastiaan Van Der Esch
The Principles Of Interpretation Applied By The Court Of Justice Of The European Communities And Their Relevance For The Scope Of The Eec Competition Rules, Bastiaan Van Der Esch
Fordham International Law Journal
This Article looks at various aspects in how EEC competition rules have been interpreted by courts. In Part I, I will review some of the more recent examples of cases in different areas of Community law in which the Court has safeguarded the comprehensive character of the Community legal order by means of the teleological method of interpretation. Not surprisingly, the same judicial concern governs the Court's interpretation of Article 85, 86, and 90 of the Treaty. In Part II, after noting a number of past examples of this coherence in the competition cases, I will also try to show …
European Merger Control: The Emerging Administrative Practice Of The Ec Commission, Hans-Jörg Niemeyer
European Merger Control: The Emerging Administrative Practice Of The Ec Commission, Hans-Jörg Niemeyer
Fordham International Law Journal
This Article examines the European Community Council Regulation No. 4064/89 which entered into force in September 1990. The focus of the Commission's activity has been on the definition of a concentration pursuant to article 3 and on the substantive appraisal of concentrations pursuant to article 2. On the basis of the decisions issued within the period under examination, it is possible to discern an emerging administrative practice. Additionally, initial developments of interest are apparent in other areas, such as the notification requirement, thresholds and various procedural matters.
Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf
Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf
Fordham Urban Law Journal
“Half a century ago, in the Housing Act of 1949, Congress declared optimistically that every American should have access to safe, decent, affordable housing.3 In an effort to realize that ambitious objective, federal lawmakers have devised and bureaucrats have implemented a wide array of housing schemes. One commentator has provided nine categories for what he deems the ‘bewildering variety of housing-related programs:’ 1. a federally regulated mortgage finance system; 2. mortgage insurance; 3. interest rate subsidies to home owners, developers, and landlords; 4. tax deductions for mortgage interest; 5. special depreciation allowances for rental housing; 6. low-rent public housing; 7. …
Tax Increment Financing: A Potential Redevelopment Financing Mechanism For New York Municipalities, Gary P. Winter
Tax Increment Financing: A Potential Redevelopment Financing Mechanism For New York Municipalities, Gary P. Winter
Fordham Urban Law Journal
This Article analyzes the New York Tax Increment Financing (TIF) law and its suitability as a locally administered redevelopment financing mechanism. This Article will explore the concept of tax increment financing, and examine the New York TIF law in terms of planning and implementation requirements for municipalities which choose to initiate recdevellopment projects using the statute.
How Much Does That $8.00 Yankee Ticket Really Cost? An Analysis Of Local Governments' Expenditure Of Public Funds To Maintain, Improve Or Acquire An Athletic Stadium For The Use Of Professional Sports Teams, Student Note
Fordham Urban Law Journal
This Note discusses the background of the controversy surrounding the expenditure of public funds for athletic stadiums for use primarily by professional sports teams and discusses the analyses courts have developed to determine a project's legality and constitutionality. THis Note addresses the economic and policy issues involved in the expenditure of public funds in stadium projects, and suggests methods local authorities may use to prevent court challenges of these projects. This Note concludes by delineating the conditions that should be met in order for state governments to expend funds to acquire and maintain sports stadiums.
Securities Funding Of Long-Term Care: A Step Toward A Private Sector Solution, Dana Schilling
Securities Funding Of Long-Term Care: A Step Toward A Private Sector Solution, Dana Schilling
Fordham Urban Law Journal
This Article proposes a new system of fudning long-term care that contemplates the issuing of securities. This mechanism is designed to supplement or supplant private insurance and to enable the private sector to play a more significant role. This Article considers the current funding alternatives for nursing home care, and specifically explores the types of facilities already in existence to serve the elderly in need of nursing home services. This article proceeds to explore the concept of a health care consortium, and discusses the various legal implications of the plan.
Sanctions, Symmetry, And Safe Harbors: Limiting Misapplication Of Rule 11 By Harmonizing It With Pre-Verdict Dismissal Devices, Jeffrey W. Stempel
Sanctions, Symmetry, And Safe Harbors: Limiting Misapplication Of Rule 11 By Harmonizing It With Pre-Verdict Dismissal Devices, Jeffrey W. Stempel
Fordham Law Review
No abstract provided.
Trends In Protective Orders Under Federal Rule Of Civil Procedure 26(C): Why Some Cases Fumble While Others Score , Jacqueline S. Guenego
Trends In Protective Orders Under Federal Rule Of Civil Procedure 26(C): Why Some Cases Fumble While Others Score , Jacqueline S. Guenego
Fordham Law Review
No abstract provided.
Restoring The Public Trust: A Blueprint For Government Integrity, New York State Commission On Government Integrity
Restoring The Public Trust: A Blueprint For Government Integrity, New York State Commission On Government Integrity
Fordham Urban Law Journal
September 1990 report of the New York State Commission on Government Integrity calling for "sweeping reforms to our laws to safeguard the public sector from the pressures brought to bear by private sector special interests and to reduce the temptation of officials to abuse their trust." In this "blueprint," the Commission identified several aspects of state government requiring legal and ethical reform, including: - campaign finance contribution limits, disclosure requirements, the public funding option, and ineffective enforcement by the State Board of Elections; - political influence in the judicial selection process; - limitations of the Ethics in Government Act; - …
Integrity And Ethical Standards In New York State Government: Final Report To The Governor, New York State Commission On Government Integrity
Integrity And Ethical Standards In New York State Government: Final Report To The Governor, New York State Commission On Government Integrity
Fordham Urban Law Journal
September 1990 letter from the New York State Commission on Government Integrity to Governor Mario M. Cuomo. “This letter constitutes the final report of the Commission on Government Integrity. The Commission was created by Executive Order 88.1 and directed to examine a wide variety of subjects concerning government integrity in New York State. Since its inception, the Commission has submitted 20 reports containing specific recommendations for reform of New York laws, regulations and procedures. Some of these recommendations can be implemented by executive order; others require action by the New York State Legislature. Most of the recommendations would impose no …
Felony Murder And Child Abuse: A Proposal For The New York Legislature, Barry Bendetowies
Felony Murder And Child Abuse: A Proposal For The New York Legislature, Barry Bendetowies
Fordham Urban Law Journal
"Lisa Steinberg's head was hit so hard her injuries matched those of a person who had fallen out of a three-story window. Over the course of three months, investigators believed that Jessica Cortez was beaten numerous times with fists, a ruler, and a belt by her mother's companion who, in addition, sexually abused her. Lisa and Jessica are only two of the many New York City children who have died as a result of child abuse in recent years; at least 126 other children died at the hands of abusive adults in 1988 alone. This alarming and ever increasing statistic …
A Piece In The Puzzle Of Providing Adequate Housing: Court Effectiveness In Code Enforcement, Sarah H. Ramsey, Fredrick Zolna
A Piece In The Puzzle Of Providing Adequate Housing: Court Effectiveness In Code Enforcement, Sarah H. Ramsey, Fredrick Zolna
Fordham Urban Law Journal
This article provides an overview of the general characteristics of the City of Syracuse, and the efforts of the City to improve housing and its code enforcement system. This overview is designed to relate the Syracuse model to other urban areas that face similar housing problems and share many of the City's demographic attributes. This article proceeds to set out the research methodology and findings of an empirical study of Syracuse's court system. Finally, this article addresses the problems in measuring court effectiveness in code enforcement. This article emphasizes the limits on a court in effecting social changes and suggests …
Mount Laurel And The Fair Housing Act: Success Or Failure? A Presentation By The Affordable Housing Colloquium Of The Seton Hall University Center For Social Justice With An Introduction And Commentary By Paula A. Franzese, Paula A. Franzese, Art Bernard, Peter Van Doren
Mount Laurel And The Fair Housing Act: Success Or Failure? A Presentation By The Affordable Housing Colloquium Of The Seton Hall University Center For Social Justice With An Introduction And Commentary By Paula A. Franzese, Paula A. Franzese, Art Bernard, Peter Van Doren
Fordham Urban Law Journal
This article details a colloquium held by the Seton Hall University University Center for Social Justice concerning affordable housing. This article explores the historical and theoretical underpinnings of the Mount Laurel doctrine, and explores the viability of existing mechanisms to implement the associated constitutional imperative. The first speaker, Mr. Art Bernard, advocates that the current enforcement plan for realizing affordable housing goals is an effective means of enforcement. The second speaker, Professor Peter Van Doren, advocates that the Mount Laurel strategy is fundamentally ineffective, and suggests, in leiu of manipulation of housing market outcomes, that the various efficiency and equity …
The Legality Of Staten Island's Attempt To Secede From New York City, Jeffrey Underweiser
The Legality Of Staten Island's Attempt To Secede From New York City, Jeffrey Underweiser
Fordham Urban Law Journal
This Note argues that, according to judicial interpretations of state and federal constitutions, Staten Island should be allowed to secede from New York City, regardless of the City's position. This Note begins by analyzing the background history of Staten Island's secession and New York City's formation leading up to this case. This Note then analyzes the issue of equal protection under the Fourteenth Amendment of the United States Constitution and Article I Section 11 of the New York Constitution. This Note then discusses the Home Rule Doctrine of the New York State Constitution. This Note concludes that, based upon federal …
Functional Discounts After Texaco V. Hasbrouck, Richard M. Steuer
Functional Discounts After Texaco V. Hasbrouck, Richard M. Steuer
Fordham Law Review
No abstract provided.
Rule 11: Where We Are And Where We Are Going, Georgene M. Vairo
Rule 11: Where We Are And Where We Are Going, Georgene M. Vairo
Fordham Law Review
Professor Vairo discusses the compelling need to amend Federal Rule of Civil Procedure 11. She demonstrates that the rule is being used to limit advocacy in the federal courts, particularly in civil rights, employment discrimination, and other types of "disfavored" caes, and that it is creating wasteful satellite litigation. Lastly, she argues that three recent Supreme Court cases indicate that the Court is unwilling to address the problems caused by Rule 11. Professor Vairo thus advocates that the Federal Rules' Advisory Committee revise the rule by adopting the approach of the Bench-Bar Proposal.
A Note To Congress And The Fdic: After Firrea, Where's The Bif?, David Andrew Segal
A Note To Congress And The Fdic: After Firrea, Where's The Bif?, David Andrew Segal
Fordham Law Review
No abstract provided.
The U.S. Law Of Client Confidentiality: Framework For An International Perspective, Charles W. Wolfram
The U.S. Law Of Client Confidentiality: Framework For An International Perspective, Charles W. Wolfram
Fordham International Law Journal
In this Article, I will consider two general areas of the U.S. law of confidentiality. In Part I, I will reflect briefly upon what I call “the U.S. culture of lawyer-client confidentiality.” I say “culture” rather than “cult,” and one must guard against temptations to confuse those concepts. Those reflections will serve as background—by way of both match and contrast—to my sketch of the U.S. law of confidentiality in Part II.
In Re Harrods Ltd.: The Brussels Convention And The Proper Application Of Forum Non Conveniens To Non-Contracting States, Adam R. Schwartz
In Re Harrods Ltd.: The Brussels Convention And The Proper Application Of Forum Non Conveniens To Non-Contracting States, Adam R. Schwartz
Fordham International Law Journal
Although the doctrine of forum non conveniens is unknown in Continental legal systems, Community law does not prevent English courts from preserving their discretion to stay proceedings, in conflicts involving a defendant domiciliary, in favor of more appropriate courts in a non-Contracting State. Where the provisions of the Brussels Convention do not address a legal question, the answer must be sought in the objectives and scheme of the Convention. The English Court of Appeals in Harrods properly understood that Community law does not require ritualistic reliance on the Convention's jurisdiction conferring provisions in cases involving a defendant domiciled in a …
Natural Law And The Law Of Nations: Some Theoretical Considerations, James V. Schall, S.J.
Natural Law And The Law Of Nations: Some Theoretical Considerations, James V. Schall, S.J.
Fordham International Law Journal
I will argue here that the law of nations, the jus gentium, in fact lies at the heart of many crucial modern social and political issues.
Choosing Law For Attributing Liability Under The Foreign Sovereign Immunities Act: A Proposal For Uniformity, Sandra Engle
Choosing Law For Attributing Liability Under The Foreign Sovereign Immunities Act: A Proposal For Uniformity, Sandra Engle
Fordham International Law Journal
This Note argues that federal common law should determine all attribution of liability issues in actions brought under the FSIA. Part I discusses the FSIA, its history and policies, and the sole U.S. Supreme Court decision to discuss the proper choice of law approach for attribution of liability under the FSIA. Part II examines subsequent cases that have either followed or distinguished the Supreme Court's choice of law approach in deciding questions of agency or respondeat superior. Part III argues that congressional intent demands the application of federal common law to determine questions of attribution of liability in actions brought …
The Problem Of The State In Centesimus Annus, Russell Hittinger
The Problem Of The State In Centesimus Annus, Russell Hittinger
Fordham International Law Journal
Part I will examine some salient differences between Rerum Novarum and Centesimus Annus with respect to the nature of the political state. In Part II, we will take up the problem of rights. In particular, we shall ask why the encyclical never mentions the term “natural law” even though it contains several enthusiastic references to natural rights. I conclude by taking a broader measure of the discussion, especially in terms of the cultural and religious issues.
Equal Protection And Moral Circumstance: Accounting For Constitutional Basics, Donald E. Lively
Equal Protection And Moral Circumstance: Accounting For Constitutional Basics, Donald E. Lively
Fordham Law Review
No abstract provided.