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Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve The Conduct And Reputation Of The Bar, The, Russell G. Pearce Jan 1995

Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve The Conduct And Reputation Of The Bar, The, Russell G. Pearce

Faculty Scholarship

The Article explains how the Professionalism Paradigm distinguishes between self-interested businesspersons and altruistic professionals who place the public good above their own interests and those of their clients. The legal profession has used this Business-Profession dichotomy to obtain control of the delivery legal services, including a legislative monopoly on the practice of law. Today, the Professionalism Paradigm faces a crisis as leading lawyers, judges, and scholars complain that law has become a business and is no longer a profession. The Article “identifies this shift as a time for hope rather than as a cause for despair. Applying Thomas S. Kuhn's …

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How To Improve Compliance With European Community Legislation And The Judgments Of The European Court Of Justice, Rolf Wägenbaur Jan 1995

How To Improve Compliance With European Community Legislation And The Judgments Of The European Court Of Justice, Rolf Wägenbaur

Fordham International Law Journal

It is well known that Member States of the European Community (“EC”) do not always comply with Treaty provisions or with directly applicable secondary Community legislation. There are, however, legal remedies in the case of noncompliance of Treaty provisions or directly binding regulations. Citizens may bring claims against Member States in national courts or may lodge a complaint with the Commission. The situation is more complicated with claims based on directives because directives must be implemented by Member State legislation. Member States are responsible for adapting their existing legislation or establishing new legislation. Often, this is done late, long after …

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The Notion Of Ancillary Restraints Under Ec Competition Law, F. Enrique González Díaz Jan 1995

The Notion Of Ancillary Restraints Under Ec Competition Law, F. Enrique González Díaz

Fordham International Law Journal

This Article examines the scope of the so-called ancillary restraints doctrine under European Community (“EC”) competition law and the legal consequences of its implementation in light of the administrative practice of the European Commission and the case-law of the European Court of Justice (“Court of Justice” or “Court”).

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The Decline Of Professionalism, Warren E. Burger Jan 1995

The Decline Of Professionalism, Warren E. Burger

Fordham Law Review

No abstract provided.

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We Make The Road By Walking: Immigrant Workers, The Workplace Project, And The Struggle For Social Change Symposium: Economic Justice In America's Citie: Visions And Revisions Of A Movement, Jennifer Gordon Jan 1995

We Make The Road By Walking: Immigrant Workers, The Workplace Project, And The Struggle For Social Change Symposium: Economic Justice In America's Citie: Visions And Revisions Of A Movement, Jennifer Gordon

Faculty Scholarship

This Article addresses the problems faced by immigrant workers on Long Island. Part I briefly examines the transition on Long Island from an economy based on manufacturing to one based on services, as well as the growth of the underground economy. Part II addresses the failure of government agencies, legal services centers, and unions to confront the problems faced by immigrant workers in this period of economic transition. Part III presents the Workplace Project model as an alternative to those institutions. Part IV offers a critique of the Project, focusing on the conflict between providing individual legal representation and organizing …

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Bulletin Of Information 1994-1995, Fordham Law School Oct 1994

Bulletin Of Information 1994-1995, 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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Formulation Of Objectives And Decision-Making Procedure In The European Union, Hans-Joachim Glaesner Jan 1994

Formulation Of Objectives And Decision-Making Procedure In The European Union, Hans-Joachim Glaesner

Fordham International Law Journal

This article discusses potential problems with the governmental structure of the European Union. The Treaty on European Union (or "Maastricht Treaty") establishes procedures for the formulation of objectives and decision-making. Article C does speak of a single institutional framework of the Union, and Titles V and VI envisage specific tasks for the Council and the Commission. The European Parliament has no legal authority to take part in the procedure for formulating objectives and decision-making. Pursuant to Articles J.7 and K.6, the European Parliament has only a limited right to be informed by the Presidency of the Council and to present …

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Reports Of Working Groups On Client Capacity Jan 1994

Reports Of Working Groups On Client Capacity

Fordham Law Review

No abstract provided.

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Reports Of Working Groups On Client Confidentiality Jan 1994

Reports Of Working Groups On Client Confidentiality

Fordham Law Review

No abstract provided.

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Reports Of Working Groups On Spousal Conflicts Jan 1994

Reports Of Working Groups On Spousal Conflicts

Fordham Law Review

No abstract provided.

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Report Of Working Group On Divestment Jan 1994

Report Of Working Group On Divestment

Fordham Law Review

No abstract provided.

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The Lawyer In Other Fiduciary Roles: Policy And Ethical Considerations, Edward D. Spurgeon, Mary Jane Ciccarello Jan 1994

The Lawyer In Other Fiduciary Roles: Policy And Ethical Considerations, Edward D. Spurgeon, Mary Jane Ciccarello

Fordham Law Review

No abstract provided.

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Responses To The Conference, Impromptu Lawyering And De Facto Guardians, Paul R. Tremblay Jan 1994

Responses To The Conference, Impromptu Lawyering And De Facto Guardians, Paul R. Tremblay

Fordham Law Review

No abstract provided.

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Keeping Secrets Within The Team: Maintaining Client Confidentiality While Offering Interdisciplinary Services To The Elderly Client, Heather A. Wydra Jan 1994

Keeping Secrets Within The Team: Maintaining Client Confidentiality While Offering Interdisciplinary Services To The Elderly Client, Heather A. Wydra

Fordham Law Review

No abstract provided.

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Client Outreach 101: Solicitation Of Elderly Clients By Seminar Under The Model Rules Of Professional Conduct, Nina Keilin Jan 1994

Client Outreach 101: Solicitation Of Elderly Clients By Seminar Under The Model Rules Of Professional Conduct, Nina Keilin

Fordham Law Review

No abstract provided.

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Politics And The Death Penalty: Can Rational Discourse And Due Process Survive The Perceived Political Pressure?, Norman Redlich Jan 1994

Politics And The Death Penalty: Can Rational Discourse And Due Process Survive The Perceived Political Pressure?, Norman Redlich

Fordham Urban Law Journal

This article is a transcript from a program sponsored by the American Bar Association Section of Individual Rights and Responsibilities entitled, “Politics and the Death Penalty: Can Rational Discourse and Due Process Survive the Perceived Political Pressure?” In it, Norman Redlich, former Dean of New York University Law School, James Coleman, Shabata Sundiata Waglini, Attorney General Ernest Preate, Jr., Bryan Stevenson, Executive Director of the Alabama Capital Representation Resource Center, journalist Nat Hentoff, New York State Assemblywoman Susan John, and Chief Justice Exum of the North Carolina Supreme Court discuss the issue of the death penalty in America. Redlich discusses …

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Environmental Justice Litigation: Another Stone In David’S Sling, Luke W. Cole Jan 1994

Environmental Justice Litigation: Another Stone In David’S Sling, Luke W. Cole

Fordham Urban Law Journal

This Article attempts to synthesize some of the lessons environmental justice lawyers have learned, in order to offer a practitioner’s perspective on environmental justice cases. The author’s ambition in setting out these lessons is to allow community groups and attorneys entering the struggle to learn from mistakes, emulate successes, and avoid re-inventing the wheel. Without addressing the strategic and tactical drawbacks of litigation, this Article assumes that a community group has decided to pursue litigation. This Article will only discuss siting cases, as siting disputes have been the primary context for environmental justice litigation thus far. The Article proposes a …

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The Question Of Risk: Incorporating Community Perceptions Into Environmental Risk Assessments, James S. Freeman, Rachel D. Godsil Jan 1994

The Question Of Risk: Incorporating Community Perceptions Into Environmental Risk Assessments, James S. Freeman, Rachel D. Godsil

Fordham Urban Law Journal

The environmental justice movement has seen some successes. After years of neglect, the federal government and several states are directing legislative and executive efforts towards reforming siting processes and remedying discriminatory enforcement of environmental regulations. Community opposition in general has proved to be quite powerful in some instances. Since the passage of the Resource Conservation and Recovery Act in 1976, there has been only one new siting of a hazardous waste landfill and few new sitings of hazardous waste incinerators. To a lesser extent, municipal solid waste and medical waste incinerators have also been successfully blocked or delayed. However, certain …

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Protecting Endangered Communities, Clarice E. Gaylord, Geraldine W. Twitty Jan 1994

Protecting Endangered Communities, Clarice E. Gaylord, Geraldine W. Twitty

Fordham Urban Law Journal

Nontraditional environmentalists are struggling to protect and preserve communities, both urban and rural, that have become threatened by constant, multiple exposures to toxic air, contaminated water, and pesticide-ridden and chemical-laden soils. Numerous reports, including a 1992 study by the United States Environmental Protection Agency, have suggested that people of color and low income communities have been, for decades, the unwilling recipients of numerous hazardous waste sites, incinerators, chemical factories, and sewage treatment plants. Historically, these communities often lacked the essential resources necessary to oppose sitings of potentially hazardous facilities: money, organization, and political voice. Land in these communities is usually …

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Pushing The Law To Encompass The Reality Of Our Families: Protecting Lesbian And Gay Families From Eviction From Their Homes -- Braschi's Functional Definition Of "Family" And Beyond, Paris R. Baldacci Jan 1994

Pushing The Law To Encompass The Reality Of Our Families: Protecting Lesbian And Gay Families From Eviction From Their Homes -- Braschi's Functional Definition Of "Family" And Beyond, Paris R. Baldacci

Fordham Urban Law Journal

No abstract provided.

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S.P. V. Sullivan: The Effort To Broaden The Social Security Administration's Definition Of Aids, Theresa M. Mcgovern Jan 1994

S.P. V. Sullivan: The Effort To Broaden The Social Security Administration's Definition Of Aids, Theresa M. Mcgovern

Fordham Urban Law Journal

No abstract provided.

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Foreword Special Issue: Ethical Issues In Representing Older Clients, Bruce A. Green, Nancy Coleman Jan 1994

Foreword Special Issue: Ethical Issues In Representing Older Clients, Bruce A. Green, Nancy Coleman

Fordham Law Review

No abstract provided.

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Derrick Wyatt & Alan Dashwood, European Community Law, Laurence W. Gormley Jan 1994

Derrick Wyatt & Alan Dashwood, European Community Law, Laurence W. Gormley

Fordham International Law Journal

Despite the fact that the book's coverage of institutional and administrative EC law is not detailed enough to qualify it as the sole textbook for a general course, Wyatt & Dashwood must continue to form a standard part of any comprehensive reading list in undergraduate and postgraduate courses. However, recourse to Hartley, at least on the recommended list, will still be necessary. Despite this, Wyatt & Dashwood remains an excellent and practical selection for a substantive law course. Yet, Weatherill & Beaumont is more modern in its approach. Their wine has a different bouquet and taste, regarding both its discussion …

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Canadian Lawyer Mobility And Law Society Conflict Of Interest, Alexander J. Black Jan 1994

Canadian Lawyer Mobility And Law Society Conflict Of Interest, Alexander J. Black

Fordham International Law Journal

This Article discusses inter-jurisdictional mobility of lawyers in Canada, comparing Canadian practice to European Community ("Community" or "EC") reforms and U.S. practice. Ironically, the Community eschews using the label "federal" because the process of European unification is ongoing, yet the new regime for the transfer of lawyers between EC Member States is freer and less fettered than the transfer regimes in Canada. In the United States, the mobility of lawyers is dependent upon reciprocal agreements between state bar associations whereby qualification in one state bar permits direct entry to practice in other states. Hence, this Article compares the rules affecting …

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Address Delivered At The Celebration Of The Seventy-Fifth Anniversary Of Women At Fordham Law School, Hon. Janet Reno Jan 1994

Address Delivered At The Celebration Of The Seventy-Fifth Anniversary Of Women At Fordham Law School, Hon. Janet Reno

Fordham Law Review

No abstract provided.

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Gender And Professional Roles, Deborah L. Rhode Jan 1994

Gender And Professional Roles, Deborah L. Rhode

Fordham Law Review

No abstract provided.

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Recommendations Of The Conference Jan 1994

Recommendations Of The Conference

Fordham Law Review

No abstract provided.

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Report Of Working Group On Lawyer As Fiduciary Jan 1994

Report Of Working Group On Lawyer As Fiduciary

Fordham Law Review

No abstract provided.

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Access, Connection, And Voice: A Contextual Approach To Representing Senior Citizens Of Questionable Capacity, Peter Margulies Jan 1994

Access, Connection, And Voice: A Contextual Approach To Representing Senior Citizens Of Questionable Capacity, Peter Margulies

Fordham Law Review

No abstract provided.

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Family Values And Legal Ethics: Competing Approaches To Conflicts In Representing Spouses , Russell G. Pearce Jan 1994

Family Values And Legal Ethics: Competing Approaches To Conflicts In Representing Spouses , Russell G. Pearce

Fordham Law Review

No abstract provided.

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