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Fordham Law School

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The Helms-Burton Blocking Statute Of The European Union, Jürgen Huber Llm Jan 1996

The Helms-Burton Blocking Statute Of The European Union, Jürgen Huber Llm

Fordham International Law Journal

According to European Community ("EC") law, the initiative for legislation lies with the Commission of the European Communities (“Commission”). Therefore, on July 31, 1996, the Commission submitted to the Council of the European Union a “proposal for a Council regulation protecting against the effects of the application of certain legislation of certain third countries, and actions based thereon or resulting therefrom.” After long and intensive discussions by the Committee of Permanent Representatives of the Member States (“COREPER”) and at the ministerial level, which proved to be difficult due to political and legal reasons, the Council, during its October 28, 1996 …

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Union Lawyer's Obligations To Bargaining Unit Members: A Case Study Of The Interdependence Of Legal Ethics And Substantive Law, The Symposium: The Lawyer's Duties And Liabilities To Third Parties, Russell G. Pearce Jan 1996

Union Lawyer's Obligations To Bargaining Unit Members: A Case Study Of The Interdependence Of Legal Ethics And Substantive Law, The Symposium: The Lawyer's Duties And Liabilities To Third Parties, Russell G. Pearce

Faculty Scholarship

One of the largest groups of purported nonclients to whom lawyers might have obligations are members of bargaining units represented by unions. Despite the much publicized decline of labor unions, they have almost 16.4 million members. In addition, many workers are members of bargaining units represented by labor unions, but are not union members. The relationship of union lawyers to these millions of bargaining unit members, whether members of the union or not, is unclear. An examination of how this relationship influences and is influenced by labor law offers a fascinating case study of the synergy between the substantive law …

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Introductory Remarks Of Panel Ii: Legal, Medical, And Ethical Considerations For The Future Of Physician-Assisted Suicice Symposium: Physician-Assusted Suicide: Legal Rights In Life And Death: Introductory Remarks Of Panel Ii: Legal, Medicial, And Ethical Considerations For The Future Of Physician-Assisted Suicide, Tanya K. Hernandez Jan 1996

Introductory Remarks Of Panel Ii: Legal, Medical, And Ethical Considerations For The Future Of Physician-Assisted Suicice Symposium: Physician-Assusted Suicide: Legal Rights In Life And Death: Introductory Remarks Of Panel Ii: Legal, Medicial, And Ethical Considerations For The Future Of Physician-Assisted Suicide, Tanya K. Hernandez

Faculty Scholarship

Once the Supreme Court issues it decision in the cases of Quill v. Vacco1 and Compassion in Dying v. Washington2 regarding the constitutionality of outlawing physician-assisted suicide for competent and terminally ill persons, the tension surrounding legal, medical, religious and ethical issues concerning end of life decision making will not be resolved.

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Report Of The Working Group On Interviewing And Counseling, Gregg Herman Jan 1996

Report Of The Working Group On Interviewing And Counseling, Gregg Herman

Fordham Law Review

No abstract provided.

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Recommendations Of The Conference On Ethical Issues In The Legal Respresentation Of Children Jan 1996

Recommendations Of The Conference On Ethical Issues In The Legal Respresentation Of Children

Fordham Law Review

No abstract provided.

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Report Of The Working Group On The Judicial Role, Kathleen Mccree Lewis Jan 1996

Report Of The Working Group On The Judicial Role, Kathleen Mccree Lewis

Fordham Law Review

No abstract provided.

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Ten Thousand Tiny Clients: The Ethical Duty Of Representation In Children's Class-Action Cases, Martha Matthews Jan 1996

Ten Thousand Tiny Clients: The Ethical Duty Of Representation In Children's Class-Action Cases, Martha Matthews

Fordham Law Review

No abstract provided.

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The Roles And Content Of Best Interests In Client-Directed Lawyering For Children In Child Protective Proceedings, Jean Koh Peters Jan 1996

The Roles And Content Of Best Interests In Client-Directed Lawyering For Children In Child Protective Proceedings, Jean Koh Peters

Fordham Law Review

No abstract provided.

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Ethical Issues In The Respresentation Of Parents In Child Welfare Cases, Bruce A. Boyer Jan 1996

Ethical Issues In The Respresentation Of Parents In Child Welfare Cases, Bruce A. Boyer

Fordham Law Review

No abstract provided.

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Some Thoughts On Civil Justice Reform, Samuel C. Butler Jan 1996

Some Thoughts On Civil Justice Reform, Samuel C. Butler

Fordham Law Review

No abstract provided.

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Professional Liability Insurance As Insurance And As Lawyer Regulation: Response To Davis, Charles Silver Jan 1996

Professional Liability Insurance As Insurance And As Lawyer Regulation: Response To Davis, Charles Silver

Fordham Law Review

No abstract provided.

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Who Should Regulate The Ethics Of Federal Prosecutors, Rory K. Little Jan 1996

Who Should Regulate The Ethics Of Federal Prosecutors, Rory K. Little

Fordham Law Review

No abstract provided.

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Glass Ceilings And Open Doors: A Reaction, Patricia M. Wald Jan 1996

Glass Ceilings And Open Doors: A Reaction, Patricia M. Wald

Fordham Law Review

No abstract provided.

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Conflicts Between Attorneys And Social Workers Representing Children In Delinquency Proceedings, Lisa A. Stranger Jan 1996

Conflicts Between Attorneys And Social Workers Representing Children In Delinquency Proceedings, Lisa A. Stranger

Fordham Law Review

No abstract provided.

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The Advocate, The Advocate, Fordham Law School Dec 1995

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines include: Dean John D. Feerick Asked To Join President Clinton On Northern Ireland Trip; Computer Lab Undergoes Upgrade; TELEFILE Goes To College

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The Dilution Doctrine:  Towards A Reconciliation With The Lanham Act, Elliot B. Staffin Oct 1995

The Dilution Doctrine:  Towards A Reconciliation With The Lanham Act, Elliot B. Staffin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Advocate, The Advocate, Fordham Law School Sep 1995

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines include: Fordham Law Student Appointed NAFTA Arbitrator

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Bulletin Of Information 1995-1996, Fordham Law School Aug 1995

Bulletin Of Information 1995-1996, 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 Apr 1995

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines include: Derrick Bell: Confronting Authority; Recycling At Fordham Law - How Far We've Come

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Dean's Report: Fordham University School Of Law 1994-1995, John D. Feerick Jan 1995

Dean's Report: Fordham University School Of Law 1994-1995, John D. Feerick

Papers of the Dean

No abstract provided.

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The Evolution Of International Law Firms And The Role Of Bar Associations In Transborder Legal Practice, James R. Silkenat Jan 1995

The Evolution Of International Law Firms And The Role Of Bar Associations In Transborder Legal Practice, James R. Silkenat

Fordham International Law Journal

No abstract provided.

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Is There A Doctrine In The House? Welfare Reform And The Unconstitutional Conditions Doctrine, Jonathan Romberg Jan 1995

Is There A Doctrine In The House? Welfare Reform And The Unconstitutional Conditions Doctrine, Jonathan Romberg

Fordham Urban Law Journal

This Article proposes that courts should subject unconstitutional conditions cases to intermediate scrutiny rather than presuming that a conditioned benefit is either valid or invalid based on its formal attributes. In conducting intermediate scrutiny, courts should consider: (i) the degree of equality or neutrality demanded by the underlying constitutional right; (ii) the importance of the benefit to the recipient; (iii) the germaneness of the condition to the reason the government may legitimately deny the benefit in the absence of the condition, and thus whether the government is attempting to use its economic and regulatory powers to gain leverage over a …

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The Worst Of Times . . . And The Best Of Times: Lawyering For Poor Clients Today, Louise G. Trubek Jan 1995

The Worst Of Times . . . And The Best Of Times: Lawyering For Poor Clients Today, Louise G. Trubek

Fordham Urban Law Journal

This Essay describes three areas in which advocates have developed new models of practice and new forms of advocacy. It examines ways that lawyers and clients are collaborating to create more effective advocacy for battered women, low-income entrepreneurs and nonprofit community-based organizations that serve the poor. It describes how, why and where the new practices operate and analyzes the roots of the new approaches, showing that they can be traced to changes in lawyering theory and new visions of the lawyer-client relationship. The Essay assesses whether these models can be sustained and generalized, concluding that although the new approaches are …

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Changing Legal Contexts For Affirmative Welfare Reform, Melville D. Miller, Jr. Jan 1995

Changing Legal Contexts For Affirmative Welfare Reform, Melville D. Miller, Jr.

Fordham Urban Law Journal

To test whether the block grant approach currently under consideration in Congress actually achieves the goal of providing states with the flexibility necessary to effect meaningful policy changes, this Essay contrasts the way two different reform proposals would be treated in the current legal and regulatory environment to the way they would likely fare under the proposed legislation. One proposal used in this analysis is a comprehensive welfare reform program, self-described as "progressive," that was developed by a community-based, grass roots coalition in New Jersey. The New Jersey reform proposal aims to improve outcomes for recipients, rather than simply to …

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Contextualizing Professional Responsibility: A New Curriculum For A New Century Teaching Legal Ethics: Iv. Developing Specialized Ethics Courses, Mary C. Daly, Bruce A. Green, Russell G. Pearce Jan 1995

Contextualizing Professional Responsibility: A New Curriculum For A New Century Teaching Legal Ethics: Iv. Developing Specialized Ethics Courses, Mary C. Daly, Bruce A. Green, Russell G. Pearce

Faculty Scholarship

The teaching of professional responsibility in U.S. law schools is entering a new age. A relative newcomer to the traditional curriculum, professional responsibility has struggled over the past twenty-one years to establish its intellectual legitimacy. It has evolved from a cramped course on the codes of lawyer conduct adopted by the American Bar Association ("ABA") to an expansive course on the law of lawyering. The premise of this essay is that professional responsibility has matured as a subject matter to the point where a new genre of courses should join the pervasive method and the traditional survey course. The richness …

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Report Of The Securities Industry Conference On Arbitration On Representation Of Parties In Arbitration By Non-Attorneys Jan 1995

Report Of The Securities Industry Conference On Arbitration On Representation Of Parties In Arbitration By Non-Attorneys

Fordham Urban Law Journal

The following is a Report prepared by the Securities Industry Conference on Arbitration ("SICA" or "Conference") concerning non-attorney representation in arbitration. The report is the result of a study, conducted by SICA over the past two years, on the practices and activities of individuals and organizations ("Non-Attorney Representatives" or "NARs") that provide public customers an alternative to representation by attorneys in disputes between customers and broker/dealers. The study was prompted by complaints concerning the quality of such representation; and, raised questions as to whether the activities of NARs constituted the unauthorized practice of law, and whether the interests of investors …

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Representation Of Parties In Arbitration By Non-Attorneys, Constantine N. Katsoris Jan 1995

Representation Of Parties In Arbitration By Non-Attorneys, Constantine N. Katsoris

Fordham Urban Law Journal

The issue of the representation of clients in legal or quasi legal proceedings by non-attorneys has been a troubling one. Not only are such services being offered by non-attorneys in the form of transactional services, i.e., advising, drafting deeds and documents, etc., but has spread to actual representation of parties before administrative agencies. Moreover, as more and more disputes are being resolved through alternative dispute mechanisms, such as arbitration, non-attorneys are also representing clients in such proceedings in civil litigation-often involving complex issues and significant sums of money-against other litigants who are usually represented by skilled attorneys. The ABA recently …

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Are Executions In New York Inevitable?, Ronald J. Tabak Jan 1995

Are Executions In New York Inevitable?, Ronald J. Tabak

Fordham Urban Law Journal

This article is an edited trascription of a program considering whether executions in New York State are inevitable. Shortly after the program a law was enacted to this effect, however, Mr. Tabak argues that the law is so badly flawed that it may not survive judicial scrutiny. Present on the panel were Barbara Paul Robinson, John Cardinal O'Connor, Dean John Feerick, Archibald Murray, Thomas McDermott, Lee Grant, Cessie Alfonso and George Kendall.

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Trying To Fit Square Pegs Into Round Holes: The Need For A New Funding Scheme For Kinship Caregivers, Randi Mandelbaum Jan 1995

Trying To Fit Square Pegs Into Round Holes: The Need For A New Funding Scheme For Kinship Caregivers, Randi Mandelbaum

Fordham Urban Law Journal

This article discusses the inadequacy of the current welfare system in meeting the needs of so-called "kinship caregivers." It summarizes the provisions of the two major programs for these individuals - the Aid to Families with Dependent Children fund, and the Adoption Assistance and Child Welfare Act. It explains the difficulty for kinship caregivers under these systems, and outlines a proposed legislative solution whereby individuals in nontraditional family structures could more easily qualify for welfare.

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The Privatizing Of Public Wealth, Kary L. Moss, Esq. Jan 1995

The Privatizing Of Public Wealth, Kary L. Moss, Esq.

Fordham Urban Law Journal

This Article examines the emergence of the problem of corporate welfare, and identifies and discusses various legal solutions. It identifies state and local governments, in conjunction with unions, workers and community organizations, as the appropriate actors to reform a system which has become an abuse of public trust and the general welfare. Part I of this Article examines the emergence of the tax abuse phenomenon and documents its impact on local economies in this country. Part II discusses the legal scheme which frames the various legal strategies that have been employed by communities to challenge subsidy arrangements. Part III identifies …

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