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Fordham Law School

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Judging The Ninth Amendment, Sol Wachtler Jan 1991

Judging The Ninth Amendment, Sol Wachtler

Fordham Law Review

No abstract provided.

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Trial Lawyers And Arco: Jurisprudentially Inconsistent Approaches To Per Se Illegality , Michael Malina Jan 1991

Trial Lawyers And Arco: Jurisprudentially Inconsistent Approaches To Per Se Illegality , Michael Malina

Fordham Law Review

Annual Antitrust Reviews have been presented at the Association of the Bar of the City of New York since 1948, when Progessor Milton Handler instituted the series. The 1990 Review was presented on November 14, 1990, and the following articles are based on those presentations.

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Estimating Aggregate Damages In Class-Action Litigation Under Rule 10b-5 For Purposes Of Settlement, Jon Koslow Jan 1991

Estimating Aggregate Damages In Class-Action Litigation Under Rule 10b-5 For Purposes Of Settlement, Jon Koslow

Fordham Law Review

No abstract provided.

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Attorney's Fees In Common Fund Actions, Monique Lapointe Jan 1991

Attorney's Fees In Common Fund Actions, Monique Lapointe

Fordham Law Review

No abstract provided.

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Savings And Loan Crisis, Carl Felsenfeld Jan 1991

Savings And Loan Crisis, Carl Felsenfeld

Fordham Law Review

No abstract provided.

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Thumbs On The Scale: The Role That Accounting Practices Played In The Savings And Loan Crisis, Richard C. Breeden Jan 1991

Thumbs On The Scale: The Role That Accounting Practices Played In The Savings And Loan Crisis, Richard C. Breeden

Fordham Law Review

Mr. Breeden is the Chairmain of the Securities and Exchance Commission. This speech was given by Chairman Breeden as part of the annual Financial Institutions and Regulation Symposium at the Fordham University School of Law. The Commission, as a matter of policy, disclaims responsibility for any private publication or statement by any of its members or employees. The views expressed herein are those of the author and do not necessarily reflect the views of other members of the Commission or the staff.

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Private Market Solutions To The Savings And Loan Crisis: Bank Holding Company Acquisitions Of Savings Associations, Lissa Lamkin Broome Jan 1991

Private Market Solutions To The Savings And Loan Crisis: Bank Holding Company Acquisitions Of Savings Associations, Lissa Lamkin Broome

Fordham Law Review

This speech was given by Professor Broome as part of the Annual Financial Institutions and Regulation Symposium at the Fordham School of Law.

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Litigation In 2050: A Backward-Forward, Topsy-Turvy Look At Dispute Resolutions, Lawrence J. Fox Jan 1991

Litigation In 2050: A Backward-Forward, Topsy-Turvy Look At Dispute Resolutions, Lawrence J. Fox

Fordham Law Review

Litigation in 2050: A Backward, Forward, Topsy-Tury Look at Dispute Resolutions was originally comissioned by the American Bar Association Center for Professional Responsibility. Along with two companion pieces reflecting varying perspectives on the same subject, it was presented as part of the Seventeenth Annual Conference on Professional Responsibility, presented at Scottsdale, Arizona, June 6-9, 1991. It appears here with the permission of the American Bar Association.

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Affirmative Action For Working Mothers: Does Guerra's Preferential Treatment Rationale Extend To Childrearing Leave Benefits?, Stephen Keyes Jan 1991

Affirmative Action For Working Mothers: Does Guerra's Preferential Treatment Rationale Extend To Childrearing Leave Benefits?, Stephen Keyes

Fordham Law Review

No abstract provided.

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Cottage Savings Association V. Commissioner: Refining The Concept Of Realization, Loren D. Prescott Jr. Jan 1991

Cottage Savings Association V. Commissioner: Refining The Concept Of Realization, Loren D. Prescott Jr.

Fordham Law Review

Professor Prescott offers an indepth analysis of the Supreme Court's recent endorsement of the 'materially different' standard--the exchange of property for other property differing materially either in kind or in extent--as a measure for realizing income. After discussing the Court's endorsement, Professor Prescott discusses possible applications of the 'legal entitlements' test for evaluating 'material differences' to various property exchange transactions, and concludes that such application may alter the tax treatment of many traditionally tax-free transactions.

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The Right To Be Heard In Eec Competition Procedures, Julian M. Joshua Jan 1991

The Right To Be Heard In Eec Competition Procedures, Julian M. Joshua

Fordham International Law Journal

This Article examines the procedure under the European Community’s Regulation No. 17 and compares it with the concept of a fair hearing as it exists in English and U.S. administrative law. Far from supporting the premise that the Commission's proceedings are fundamentally flawed and unfair, a proper comparison shows that they are fully in accordance with the common law desiderata for a fair procedure. In many respects they not only meet, but also exceed, the common law standard. In the process, this Article will correct some of the more egregious misstatements which have been made regarding the alleged “unfairness” of …

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The Enforcement Of Competition Policy In The European Community: A Mature System, Jonathan Faull Jan 1991

The Enforcement Of Competition Policy In The European Community: A Mature System, Jonathan Faull

Fordham International Law Journal

In what follows, I will review a number of policy issues and offer comments in arguing the case for the maturity of the EC's enforcement system. I will concentrate exclusively on antitrust enforcement, but it should not be forgotten that state aids policy is also an important part of the EC's competition policy.

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Joint Ventures Under Eec Law, Barry E. Hawk Jan 1991

Joint Ventures Under Eec Law, Barry E. Hawk

Fordham International Law Journal

This Article attempts to construct an intellectually coherent and predictable analysis of joint ventures, an undertaking which faces more serious problems under EEC law than U.S. law. First, EEC law makes it necessary to determine whether the Merger Regulation or Article 85 applies to any given joint venture. Second, Article 85's unfortunate bifurcation into paragraphs (1) and (3) (notification or nullity) and the resultant division of what should be a single antitrust analysis poses significant obstacles in the EEC treatment of joint ventures.

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Anonymous Bank Accounts: Narco-Dollars, Fiscal Fraud, And Lawyers, William W. Park Jan 1991

Anonymous Bank Accounts: Narco-Dollars, Fiscal Fraud, And Lawyers, William W. Park

Fordham International Law Journal

This Article will focus on how lawyers in countries with a tradition of bank secrecy have played a part in maintaining their clients' anonymity vis-à-vis bankers. For comparative purposes the Article will also comment on the banker's interest in knowing his or her customer's identity in a tax context, particularly when the customer claims the benefits of income tax treaties. My modest purpose is to help us all to be more aware of the divergent ethical implications of bank account anonymity.

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Seeking Refuge In The Fifth Amendment: The Applicability Of The Privilege Against Self-Incrimination To Individuals Who Risk Incrimination Outside The United States, Debra Ciardiello Jan 1991

Seeking Refuge In The Fifth Amendment: The Applicability Of The Privilege Against Self-Incrimination To Individuals Who Risk Incrimination Outside The United States, Debra Ciardiello

Fordham International Law Journal

This Note argues that the Fifth Amendment privilege prohibits the U.S. government from compelling individuals to offer testimony that would incriminate them in criminal proceedings outside the United States. Part I explores the development of the Fifth Amendment's privilege against self-incrimination. Part II discusses the conflicting positions that have emerged in lower courts concerning the Fifth Amendment's extraterritorial application. Part III argues that the Fifth Amendment protection regarding self-incrimination should apply to the risk of non-U.S. prosecution. This Note concludes that the principles reflected in the enactment of the Fifth Amendment and its treatment in both U.S. and English courts …

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Francovich And Bonifaci V. Italy: Eec Member State Liability For Failure To Implement Community Directives, James E. Hanft Jan 1991

Francovich And Bonifaci V. Italy: Eec Member State Liability For Failure To Implement Community Directives, James E. Hanft

Fordham International Law Journal

This Comment argues that the Francovich judgment logically proceeds from the Treaty and general principles of Community law. Part I discusses the state of Community law prior to the Francovich decision. Part II examines the factual background of the decision, the judgment of the Court, and the opinion of Advocate General Mischo. Part III argues that the principle of liability in damages for a breach of Community law is a logical extension of the Treaty and the Court of Justice caselaw. This Comment concludes that private law remedies or their equivalent must be made available for breaches of Community law …

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Valentine Korah, An Introductory Guide To Eec Competition Law And Practice, Joseph P. Griffin Jan 1991

Valentine Korah, An Introductory Guide To Eec Competition Law And Practice, Joseph P. Griffin

Fordham International Law Journal

The Fourth Edition of Professor Valentine Korah's Introductory Guide to EEC Competition Law and Practice (the "Guide") continues her tradition of concise, insightful, and very useful publications. Since it was first published in 1978, this book and its companion Monographs on group exemptions have gained a reputation for being invaluable guides for the beginner as well as a useful starting place for the experienced practitioner. The Guide explains European Economic Community ("EEC") competition rules critically, in the light of the Community objectives they are intended to achieve. The underlying policies and economic theories are also explored.

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Uncitral And The Hamburg Rules -- The Risk Allocation Problem In Maritime Transport Of Goods, Joseph Sweeney Jan 1991

Uncitral And The Hamburg Rules -- The Risk Allocation Problem In Maritime Transport Of Goods, Joseph Sweeney

Faculty Scholarship

No abstract provided.

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The Promissory Basis Of Section 90, Edward Yorio, Steve Thel Jan 1991

The Promissory Basis Of Section 90, Edward Yorio, Steve Thel

Faculty Scholarship

No abstract provided.

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Why Creditors File So Few Involuntary Petitions And Why The Number Is Not Too Small, Susan Block-Lieb Jan 1991

Why Creditors File So Few Involuntary Petitions And Why The Number Is Not Too Small, Susan Block-Lieb

Faculty Scholarship

No abstract provided.

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Power Not Reason: Justice Marshall's Valedictory And The Fourth Amendment In The Supreme Court's 1990 Term , Bruce A. Green Jan 1991

Power Not Reason: Justice Marshall's Valedictory And The Fourth Amendment In The Supreme Court's 1990 Term , Bruce A. Green

Faculty Scholarship

In its 1990 Term, the United States Supreme Court heard five cases involving the Fourth Amendment. In this article, Professor Bruce Green analyzes these five search-and-seizure decisions in light of Justice Marshall's criticism that '[Plower, not reason, is the new currency of this Court's decision-making." He examines the various considerations the Court advances in its Fourth Amendment analysis-interpretive principle, policy, and precedent--and discovers inconsistencies in the importance assigned to each of these considerations in a series of cases decided very close together by virtually the same Justices. Each approach controlled, Professor Green argues, only when it could be said to …

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Adjudicative Retroactivity In Administrative Law , Abner S. Greene Jan 1991

Adjudicative Retroactivity In Administrative Law , Abner S. Greene

Faculty Scholarship

Although decided forty-five years ago, SEC v Cbenery Corp. ("Cbenery II") remains the Supreme Court's leading statement on the issue of retroactivity in administrative adjudication. According to Chenery II, administrative agencies may give meaning to statutory terms through adjudication, even if the rules applied in a particular adjudication have not been previously announced. The Court acknowledged that "announcing and applying a new standard of conduct" in an adjudicative proceeding would have a retroactive effect, but concluded that the agency's duty to be faithful to the "statutory design or to legal and equitable principles" may override concerns about retroactivity. The Court …

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The Whole Truth?: How Rules Of Evidence Make Lawyers Deceitful, Bruce A. Green Jan 1991

The Whole Truth?: How Rules Of Evidence Make Lawyers Deceitful, Bruce A. Green

Faculty Scholarship

No abstract provided.

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Wanted: A Federal Standard For Evaluationg The Adequate State Forum , Maria Marcus Jan 1991

Wanted: A Federal Standard For Evaluationg The Adequate State Forum , Maria Marcus

Faculty Scholarship

This Article argues that the federal judiciary should upgrade its present scrutiny of state forum adequacy in conformity with constitutional and congressional directives. Fortunately, a standard for such heightened scrutiny already exists in the Supreme Court's own jurisprudence.

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Hare And Hounds: The Fugitive Defendant's Constitutional Right To Be Pursued, Bruce A. Green Jan 1991

Hare And Hounds: The Fugitive Defendant's Constitutional Right To Be Pursued, Bruce A. Green

Faculty Scholarship

No abstract provided.

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The Advocate, The Advocate, Fordham Law School Nov 1990

The Advocate, The Advocate, Fordham Law School

The Advocate

Fordham and the Law: Beyond Natural Law: an Identity for Fordham Law School; G. Gordon Liddy: a Warm Homecoming?; Fordham Takes a First Step Towards Joining the Public Interest Movement

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John F. Sonnett Memorial Lecture Series: Legal Remedies Against The Council's Failure To Act, Ole Due Nov 1990

John F. Sonnett Memorial Lecture Series: Legal Remedies Against The Council's Failure To Act, Ole Due

Lectures

Lecture by President Ole Due of the European Court of Justice (1988-1994), regarding judicial activism in Europe and the United States. Includes biography and speaker introduction.

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The Advocate, The Advocate, Fordham Law School Oct 1990

The Advocate, The Advocate, Fordham Law School

The Advocate

Fordham and the Law: Should Catholic Law Schools Teach Natural Law?; Geraldine Ferraro: First Speaker in the Dean's Sesquicentenial

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The Free Press-Fair Trial Conflict–What's A Lawyer To Say?, C. Evan Stewart Oct 1990

The Free Press-Fair Trial Conflict–What's A Lawyer To Say?, C. Evan Stewart

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Stranger In Parodies: Weird Al And The Law Of Musical Satire, Charles J. Sanders, Steven R. Gordon Oct 1990

Stranger In Parodies: Weird Al And The Law Of Musical Satire, Charles J. Sanders, Steven R. Gordon

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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