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Neighborhood Legal Services As House Counsel To Community-Based Efforts To Achieve Economic Justice: The East Brooklyn Experience, Brian Glick Jan 1997

Neighborhood Legal Services As House Counsel To Community-Based Efforts To Achieve Economic Justice: The East Brooklyn Experience, Brian Glick

Faculty Scholarship

No abstract provided.

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Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The Legal Ethics Perspective Response, Bruce A. Green Jan 1997

Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The Legal Ethics Perspective Response, Bruce A. Green

Faculty Scholarship

The Child Advocacy Clinic at Indiana University School of Law-Bloomington ("Indiana Clinic") takes as a premise that, in custody and visitation disputes, children may be best served by lawyers as guardians ad litem, rather than by lawyers qua lawyers, on one hand, or by nonlawyer guardians ad litem, on the other. In contrast, participants in a national conference at Fordham Law School' concluded two years ago that "[a] lawyer appointed or retained to serve a child in a legal proceeding should serve as the child's lawyer." That is, the lawyer should regard the child as a client, not a ward. …

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Neighborhood Legal Services As House Counsel To Community-Based Efforts To Achieve Economic Justice: The East Brooklyn Experience, Martin S. Flaherty Jan 1997

Neighborhood Legal Services As House Counsel To Community-Based Efforts To Achieve Economic Justice: The East Brooklyn Experience, Martin S. Flaherty

Faculty Scholarship

No abstract provided.

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The Japanese Product Liability Law: Sending A Pro-Consumer Tsunami Through Japan's Corporate And Judicial Worlds, Jason F. Cohen Jan 1997

The Japanese Product Liability Law: Sending A Pro-Consumer Tsunami Through Japan's Corporate And Judicial Worlds, Jason F. Cohen

Fordham International Law Journal

This note argues that Japan’s former product liability system deprived consumers of adequate protection against product defects. This note also argues that Japan’s changing economic and political conditions necessitated the introduction of strict liability. Part I examines the development of the Japanese legal system, traces the history of product liability in Japan, and discusses the structural and cultural barriers to pursuing product liability claims. Part I also explains the product liability legal theories in existence before the PL Law and discusses the twenty-year process in which Japan debated the prospects of passing this legislation. Part I concludes by discussing factors …

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Confidentiality, Counseling, And Care: When Others Need To Know What Clients Need To Disclose, Janine Sissk Jan 1997

Confidentiality, Counseling, And Care: When Others Need To Know What Clients Need To Disclose, Janine Sissk

Fordham Law Review

No abstract provided.

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Attorneys And Social Workers Collaborating In Hiv Care: Breaking New Ground, Randye Retkin, Gary L. Stein, Barbara Hermie Draimin Jan 1997

Attorneys And Social Workers Collaborating In Hiv Care: Breaking New Ground, Randye Retkin, Gary L. Stein, Barbara Hermie Draimin

Fordham Urban Law Journal

This article identifies and analyzes the complex ethical and service questions that arise when attorneys and social workers collaborate on behalf of their clients. These issues include: client confidentiality; attorney-client privilege and client waiver of the privilege; identification of the primary client and multi-party representation; legal requirements versus ethical obligations appropriate division of professional responsibilities; case reviews and consultations; and models for combing law and social work practices This article is intended to increase the understanding of and respect for the contributions of both disciplines, promote dialogue among professionals, and enhance service collaborations where appropriate.

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Changing Positions And Entrenched Polemics: A Brief History Of The Association To Benefit Children’S View On Pediatric Hiv Testing, Counseling, And Care, Colin Crawford Jan 1997

Changing Positions And Entrenched Polemics: A Brief History Of The Association To Benefit Children’S View On Pediatric Hiv Testing, Counseling, And Care, Colin Crawford

Fordham Urban Law Journal

In this Article, the author documents the trajectory of the Association to Benefit Children’s approach to pediatric HIV testing. Part I focuses on ABC’s lawsuit on behalf of children with HIV in New York and documents the settlement process, which resulted in allowing mothers to know the results of the HIV test results. Next, the author reflects on why the debate became as acrimonious as it did, and how that impeded the resolution of a satisfactory result for the widest number of people. Lastly, the author offers several lessons learned from the controversy surrounding the debate. Specifically, the debate over …

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Developing Cross-Border Practice Rules: Challenges And Opportunities For Legal Education, Louis F. Del Duca, Vanessa P. Sciarra Jan 1997

Developing Cross-Border Practice Rules: Challenges And Opportunities For Legal Education, Louis F. Del Duca, Vanessa P. Sciarra

Fordham International Law Journal

This Essay first discusses differences in the process used by the European Community (“EC”) and North American Free Trade Agreement (“NAFTA”) in developing cross-border practice rules. This is followed by discussions of the developing NAFTA rules and resulting challenges and opportunities for legal education.

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Invoking The U.S. Attorney-Client Privilege: Japanese Corporate Quasi-Lawyers Deserve Protection In U.S. Courts Too, Jason Marin Jan 1997

Invoking The U.S. Attorney-Client Privilege: Japanese Corporate Quasi-Lawyers Deserve Protection In U.S. Courts Too, Jason Marin

Fordham International Law Journal

This Note discusses whether the attorney-client privilege applies to Japanese in-house legal personnel who are not members of any country's bar. Part I defines the attorney-client privilege, and explains what communications the privilege protects. Part I also compares the legal systems of Japan and the United States. Part II examines case law and commentary on the issue of applying the privilege to non-US attorneys who are not admitted to any bar. Part III argues that the arguments for applying the attorney-client privilege to non-US, non-bar in-house legal personnel are particularly effective considering the structure of the Japanese legal system. This …

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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.

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Less Is More: Teaching Legal Ethics In Context Symposium: 1997 W. M. Mikeck Foundation Forum On The Teaching Of Legal Ethics, Bruce A. Green Jan 1997

Less Is More: Teaching Legal Ethics In Context Symposium: 1997 W. M. Mikeck Foundation Forum On The Teaching Of Legal Ethics, Bruce A. Green

Faculty Scholarship

We who teach legal ethics employ many of the teacher's arts to win our students' appreciation for the course. We do not always succeed. As Deborah Rhode has observed, "[t]here are inherent problems and infinite ways to fail in teaching this subject." Yet, we continue to seek a method for teaching the course effectively. If nothing else, our efforts have led to the development of a substantial body of literature on teaching legal ethics to which this Article will contribute. Its focus is on what, rather than how, to teach. This Article asks: What should be the content of the …

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Achieving Full Effectiveness Of Community Law: The Court Of Justice's Third Stage Of Enforcement Rules Implementation, Compliance And Effectiveness: Emerging Issues On Compliance And Effectiveness Within The European Union, Roger J. Goebel Jan 1997

Achieving Full Effectiveness Of Community Law: The Court Of Justice's Third Stage Of Enforcement Rules Implementation, Compliance And Effectiveness: Emerging Issues On Compliance And Effectiveness Within The European Union, Roger J. Goebel

Faculty Scholarship

Today we will be considering the experience of the European Union (EU) as a possible model for international law. We will start with Roger J. Goebel, director since 1984 ofthe Center of European Union Law, Fordham Law School.

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Bulletin Of Information 1996-1997, Fordham Law School Nov 1996

Bulletin Of Information 1996-1997, Fordham Law School

Law School Bulletins 1905-2000

Annual bulletin with academic calendar, school objectives & course of studies, faculty, administration, degrees conferred, course descriptions, fees & tuition, financial assistance, admission requirements, academic regulations, examinations & grades, student organizations, Alumni Association, nondiscrimination & affirmative action policies

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The Advocate, The Advocate, Fordham Law School Feb 1996

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines include: Fordham Workers Go On Strike

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Antitrust Federalism In The United States And Decentralization Of Competition Law Enforcement In The European Union: A Comparison, Barry E. Hawk, Laraine L. Laudati Jan 1996

Antitrust Federalism In The United States And Decentralization Of Competition Law Enforcement In The European Union: A Comparison, Barry E. Hawk, Laraine L. Laudati

Fordham International Law Journal

This Article will discuss the historical context in which the competition law enforcement structures of the European Union and United States were created, describe the dual enforcement structures, and explain current efforts to coordinate the two levels of enforcement. It will conclude with observations about the nature of dual enforcement under the two systems. More specifically, it will argue that the European Union should create an enforcement system, which might allow more collaboration and cooperation between the Commission and the European Union Member States.

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Voluntary Environmental Compliance Auditing: A Primer, Somendu B. Majumdar Jan 1996

Voluntary Environmental Compliance Auditing: A Primer, Somendu B. Majumdar

Fordham Environmental Law Review

No abstract provided.

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Competing Duties? Securities Lawyers' Liability After Central Bank, Ann Maxey Jan 1996

Competing Duties? Securities Lawyers' Liability After Central Bank, Ann Maxey

Fordham Law Review

No abstract provided.

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Legal Process Scholarship And The Regulation Of Lawyers Special Issue: Institutional Choices In The Regulation Of Lawyers: Foreword , Ted Schneyer Jan 1996

Legal Process Scholarship And The Regulation Of Lawyers Special Issue: Institutional Choices In The Regulation Of Lawyers: Foreword , Ted Schneyer

Fordham Law Review

No abstract provided.

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Report Of The Working Group On Conflicts Of Interest, Bruce A. Green Jan 1996

Report Of The Working Group On Conflicts Of Interest, Bruce A. Green

Fordham Law Review

No abstract provided.

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A Paradigm For Determining The Role Of Counsel For Children, Martin Guggenheim Jan 1996

A Paradigm For Determining The Role Of Counsel For Children, Martin Guggenheim

Fordham Law Review

No abstract provided.

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An Executive's Lesson In The Law From A Typical Business Encounter, Harold A. Segall Jan 1996

An Executive's Lesson In The Law From A Typical Business Encounter, Harold A. Segall

Fordham Urban Law Journal

This Article recommends that business executives consider potential legal problems when entering into business transactions. It argues that the American civil legal system is unsatisfactorily costly, slow and risky. The Article provides examples of the perils of litigation and explains that business executives can avoid these perils by anticipating potential legal problems. The Article argues that the successful business executive must find a way to balance an optimistic, entrepreneurial spirit with a lawyerlike way of considering potential future problems. Similarly, the proper role of a commercial lawyer is to provide judgment and practical advice, as well as legal expertise.

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Foreword: Children And The Ethical Practice Of Law, Bruce A. Green, Bernardine Dohrn Jan 1996

Foreword: Children And The Ethical Practice Of Law, Bruce A. Green, Bernardine Dohrn

Fordham Law Review

No abstract provided.

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An Analysis Of The Proposed Standards Of Practice For Lawyers Representing Children In Abuse And Neglect Cases, Linda D. Elrod Jan 1996

An Analysis Of The Proposed Standards Of Practice For Lawyers Representing Children In Abuse And Neglect Cases, Linda D. Elrod

Fordham Law Review

No abstract provided.

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Reforming Model Rule 1.6: A Brief Essay From The Crossroads Of Ethics And Conscience, Kevin M. Ryan Jan 1996

Reforming Model Rule 1.6: A Brief Essay From The Crossroads Of Ethics And Conscience, Kevin M. Ryan

Fordham Law Review

No abstract provided.

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An Executive's Lesson In The Law From A Typical Business Encounter, Harold A. Segall Jan 1996

An Executive's Lesson In The Law From A Typical Business Encounter, Harold A. Segall

Fordham Urban Law Journal

This Article recommends that business executives consider potential legal problems when entering into business transactions. It argues that the American civil legal system is unsatisfactorily costly, slow and risky. The Article provides examples of the perils of litigation and explains that business executives can avoid these perils by anticipating potential legal problems. The Article argues that the successful business executive must find a way to balance an optimistic, entrepreneurial spirit with a lawyerlike way of considering potential future problems. Similarly, the proper role of a commercial lawyer is to provide judgment and practical advice, as well as legal expertise.

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Automatic Stays And Governmental Operations: How New York State Protects The Government From The Poor, Jack E. Pace Iii Jan 1996

Automatic Stays And Governmental Operations: How New York State Protects The Government From The Poor, Jack E. Pace Iii

Fordham Urban Law Journal

This note discusses two New York state procedural rules that endanger the poor by giving special treatment to the defendant whom low income plaintiffs most often face in court. First, the New York Civil Practice Law and Rules ("CPLR") allows the government an automatic stay, pending appeal, of all proceedings to enforce an adverse judgment or order. Second, The New York Court of Appeals' "governmental operations" rule creates a presumption against certifying class actions when the challenged action is a governmental operation. The author argues that these rules unfairly limit the ability of poor people to recover against the government …

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Ethics, Cultures, And Professions In The Representation Of Children, Frank P. Cervone, Linda M. Mauro Jan 1996

Ethics, Cultures, And Professions In The Representation Of Children, Frank P. Cervone, Linda M. Mauro

Fordham Law Review

No abstract provided.

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Aba Regulation Of Contingency Fees: Money Talks, Ethics Walks, Lester Brickman Jan 1996

Aba Regulation Of Contingency Fees: Money Talks, Ethics Walks, Lester Brickman

Fordham Law Review

No abstract provided.

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Conflicts Of Interests In The Representation Of Children In Dependency Cases, Christopher N. Wu Jan 1996

Conflicts Of Interests In The Representation Of Children In Dependency Cases, Christopher N. Wu

Fordham Law Review

No abstract provided.

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Twenty Years Of The Fordham International Law Journal, Joseph C. Sweeney Jan 1996

Twenty Years Of The Fordham International Law Journal, Joseph C. Sweeney

Fordham International Law Journal

This Introduction discusses the twenty year history of the Fordham International Law Journal.

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