Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Fordham Law School

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 1261 - 1290 of 1523

Full-Text Articles in Entire DC Network

Representations Involving Fiduciary Entities: Who Is The Client?, Jeffrey N. Pennell Jan 1994

Representations Involving Fiduciary Entities: Who Is The Client?, Jeffrey N. Pennell

Fordham Law Review

No abstract provided.


The Ethics Of Intergenerational Representation, Teresa Stanton Collett Jan 1994

The Ethics Of Intergenerational Representation, Teresa Stanton Collett

Fordham Law Review

No abstract provided.


Ethical Considerations In Medicaid Estate Planning: An Analysis Of The Aba Model Rules Of Professional Conduct, Eleanor M. Crosby, Ira M. Leff Jan 1994

Ethical Considerations In Medicaid Estate Planning: An Analysis Of The Aba Model Rules Of Professional Conduct, Eleanor M. Crosby, Ira M. Leff

Fordham Law Review

No abstract provided.


Antitrust In Need: Undergraduate Financial Aid And United States V. Brown University, Theodore J. Stachtiaris Jan 1994

Antitrust In Need: Undergraduate Financial Aid And United States V. Brown University, Theodore J. Stachtiaris

Fordham Law Review

No abstract provided.


Bulletin Of Information 1993-1994, Fordham Law School Nov 1993

Bulletin Of Information 1993-1994, 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


Fordham Lawyer, Vol. 2 No. 2 - Summer 1993, Fordham Law School Jun 1993

Fordham Lawyer, Vol. 2 No. 2 - Summer 1993, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.


Foreword, Milton V. Freeman Jan 1993

Foreword, Milton V. Freeman

Fordham Law Review

No abstract provided.


Remarks Delivered On The Occasion Of The Dedication Of The Sidney C. Norris Chair Of Law To Public Service, Thomas M. Quinn Jan 1993

Remarks Delivered On The Occasion Of The Dedication Of The Sidney C. Norris Chair Of Law To Public Service, Thomas M. Quinn

Fordham Law Review

No abstract provided.


Hedging European Integration: The Maastricht Judgment Of The Federal Constitutional Court Of Germany, Karl M. Meessen Jan 1993

Hedging European Integration: The Maastricht Judgment Of The Federal Constitutional Court Of Germany, Karl M. Meessen

Fordham International Law Journal

This Essay will report, analyze, and criticize the eighty-five page opinion of the Constitutional Court. Notwithstanding any criticism, the judgment is certain to have an impact on the European Union as it emerges from the Maastricht Treaty. The concluding section will assess that impact. By way of introduction, the following section will give a survey of earlier opinions rendered by the Constitutional Court on issues relating to European integration.


The Urban Criminal Justice System: Where Young + Black + Male = Probable Cause, Elizabeth A. Gaynes Jan 1993

The Urban Criminal Justice System: Where Young + Black + Male = Probable Cause, Elizabeth A. Gaynes

Fordham Urban Law Journal

We live in a country where one out of four young African-American men is under some form of custodial supervision. In our nation's capital, seven out of ten African-American men can anticipate being arrested and jailed at least once before reaching the age of thirty-five. We live in a city where a black man between the ages of fifteen and twenty-four is far more likely to die of homicide than all other causes combined. The official response to the problem of urban crime by minority youth has been prison, prison, and more prison. This essay provides an overview and examples …


Curing America's Addiction To Prisons, David C. Leven Jan 1993

Curing America's Addiction To Prisons, David C. Leven

Fordham Urban Law Journal

Our prisons have failed society because they do not, generally, provide an experience that is likely to help offenders overcome the obstacles that led them to make mistakes for which they are now being punished. Instead, they reinforce the violence and exploitation that many offenders were sentenced to prison for in the first place. They have failed because they do not promote restoration, a key to successful reintegration, and nobody benefits when offenders are more dangerous when they are released than when they entered prison. This Essay proposes that a restorative model of justice replace our failed punitive model. By …


Financial Arrangements In Class Actions, And The Code Of Professional Responsibility, Daniel J. Capra, Thomas W. Jackson, John Koeltl Jan 1993

Financial Arrangements In Class Actions, And The Code Of Professional Responsibility, Daniel J. Capra, Thomas W. Jackson, John Koeltl

Fordham Urban Law Journal

The Rules of Professional Conduct impose various restrictions relating to attorney fees and the payment of litigation costs, which are designed to preserve the lawyer's role as a zealous but objective advocate. Class actions stand apart from other kinds of litigation in that they are designed to promote efficiency by their combining like claims into single actions, and individual justice by their vindicating claims that if taken individually might not be economically viable. In light of these special concerns, the courts have carved out several exceptions to ordinary attorney's fees, litigation expense, and disbursement rules that they routinely apply to …


Report On The Debate Over Whether There Should Be An Exception To Confidentiality For Rectifying A Crime Or Fraud, Maria Helen Bainor, Nancy Batterman Jan 1993

Report On The Debate Over Whether There Should Be An Exception To Confidentiality For Rectifying A Crime Or Fraud, Maria Helen Bainor, Nancy Batterman

Fordham Urban Law Journal

The Model Rules of Professional Conduct fail to provide lawyers with adequate guidance for dealing with situations in which a client has used the lawyer's services to perpetuate a fraud. He Model Rules do not discuss confidentiality in cases of client-committed fraud at all, and the provided exceptions to the confidentiality requirement do little to help attorney's deal with past frauds committed by a client with the unwitting aid of the attorney. The Model Rules should be amended to authorize disclosure of client confidences to rectify a crime or fraud when the lawyer's services have been used in the commission …


"Federalism" In The European Community And The United States: A Rose By Any Other Name…., Thomas C. Fischer Jan 1993

"Federalism" In The European Community And The United States: A Rose By Any Other Name…., Thomas C. Fischer

Fordham International Law Journal

The general progress of the Community toward increased “federalism” seems as persistent and steady as it once was in the United States. That the Community elected another starting point, and at times seems to travel a far different road, does not mean that the final destination is different as well. Compare, for example, “federalism” in the United States and European Community in just two areas that are hallmarks of central government policy: agriculture and taxation.


Sale V. Haitian Centers Council: The Return Of Haitian Refugees, Andrew G. Pizor Jan 1993

Sale V. Haitian Centers Council: The Return Of Haitian Refugees, Andrew G. Pizor

Fordham International Law Journal

This Comment contends that the Supreme Court's holding in Sale was erroneous because the 1967 Protocol and customary international human rights law mandate that non-refoulement apply to all refugees regardless of location. Part I describes the historical background of the 1951 Convention, the 1967 Protocol, and the INA as they relate to non-refoulement. Part I also discusses the U.S. government's interdiction program against Haitian migrants and the human rights conditions in Haiti as they existed from the start of the interdiction program in 1982 to the present. Part II examines Sale and sets forth the procedural history of the case, …


Women Judges And Better Justice For All, John D. Feerick Jan 1993

Women Judges And Better Justice For All, John D. Feerick

Faculty Scholarship

According to the most recent report of The New York Judicial Committee on Women in the Courts, published in October 1992, out of a total of 1,129 judges, only 183 are female. It is clear women are under-represented in the judiciary. Decisive action is required in order to increase opportunities for women to become judges. In January 1992, Governor Cuomo's Task Force on Judicial Diversity ("the Task Force") issued its report. The Task Force strongly supported diversity and set forth compelling reasons why a diverse bench is in the public interest. The report reminded us that "diversity is vital because …


Employee Rights In The European Community: A Panorama From The 1974 Social Action Program To The Social Charter Of 1989 , Roger J. Goebel Jan 1993

Employee Rights In The European Community: A Panorama From The 1974 Social Action Program To The Social Charter Of 1989 , Roger J. Goebel

Faculty Scholarship

Certainly, in the eyes of the drafters of the EEC Treaty, social progress was inseparably linked with economic progress, and both were intimately related to the goal of a "union among the peoples of Europe." The Court of Justice has also recognized the importance of social policy, stating that "the Community ...is not merely an economic union," but rather has a "double aim, which is at once economic and social ..." In view of the capital importance thus accorded to the social aspect of the European Community, it is surprising that the Community's achievements in the social sphere, both through …


When Libido Subverts Credo: Regulation Of Attorney-Client Sexual Relations, Margit Livingston Jan 1993

When Libido Subverts Credo: Regulation Of Attorney-Client Sexual Relations, Margit Livingston

Fordham Law Review

Recent calls for increased regulation of attorney-client sexual relations have led several state courts, legislatures, and bar associations to consider specific rules restricting such practices. Advocates of enhanced regulation seek institutional recognition of the power differential inherent in the lawyer-client relationship. Critics prefer to rely on existing ethics rules governing attorney misconduct. In this Article Professor Livingston first reviews the judicial and administrative response to clients who accuse their attorneys of sexual impropriety. She next examines recently enacted state rules regulating attorney sexual misconduct and discusses pending legislative proposals. Professor Livingston then recommends a ban on all attorney-client sexual relations …


Bulletin Of Information 1992-1993, Fordham Law School Nov 1992

Bulletin Of Information 1992-1993, 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


The Advocate, The Advocate, Fordham Law School Nov 1992

The Advocate, The Advocate, Fordham Law School

The Advocate

The J.A.G. Controversy; O.W.L.S. Spotted on Campus


Fordham Lawyer, Vol. 2 No. 2 - Summer 1992, Fordham Law School Jun 1992

Fordham Lawyer, Vol. 2 No. 2 - Summer 1992, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.


The Advocate, The Advocate, Fordham Law School Apr 1992

The Advocate, The Advocate, Fordham Law School

The Advocate

Public Interest Resource Center Holds First Annual Dinner; FSSF Auction Proceeds Matched by Dean; Coffee and Bias Talk at the South African Consulate


The Advocate, The Advocate, Fordham Law School Mar 1992

The Advocate, The Advocate, Fordham Law School

The Advocate

Over $30,000 raised at FSSF Auction; Astonishing Turnout Fosters a Spirit of Community and Generosity; Mandatory Pro-Bono Debated at Fordham; Faculty Suspends Consideration for Another Year


Public Employees' Freedom Of Association: Should Connick V. Myers' Speech-Based Public-Concern Rule Apply?, Mark Strauss Jan 1992

Public Employees' Freedom Of Association: Should Connick V. Myers' Speech-Based Public-Concern Rule Apply?, Mark Strauss

Fordham Law Review

No abstract provided.


Planned Parenthood V. Casey: From U.S. "Rights Talk" To Western European "Responsibility Talk", Danielle Keats Morris Jan 1992

Planned Parenthood V. Casey: From U.S. "Rights Talk" To Western European "Responsibility Talk", Danielle Keats Morris

Fordham International Law Journal

This Note discusses the U.S. Supreme Court's shift from the insulating the woman in her private choice to allowing the community greater scope to encourage her to exercise her choice in a manner the community considers reflective and responsible, a shift that parallels the French and Italian abortion legislation.


A Case Study In Fiscal Federalism: New York City And New York State, Carol O'Cleireacain Jan 1992

A Case Study In Fiscal Federalism: New York City And New York State, Carol O'Cleireacain

Fordham Urban Law Journal

This essay argues that under the current system of American state and local government funding schemes, there is a permanent imbalance between revenues and expenditures as a result of strain placed on local governments by other levels of government which can only be fixed with actions take by these other levels of government. This essay examines the current structure of American "Fiscal Federalism", the recent experience of America's cities with Fiscal Federalism (particularly New York), changing relationship between city and state government, and Governor Mario Cuomo's proposal for a phased-in takeover of Medicaid spending. The author concludes that the Governor's …


Report Of The New York State Judicial Commission On Minorities Jan 1992

Report Of The New York State Judicial Commission On Minorities

Fordham Urban Law Journal

The Commission was given a three-fold mandate to study how (1) court participants and the public at large perceive minority treatment in the New York Court System; (2) the representation of minorities in non-judicial staff positions within the court system; and (3) the number of minorities, both elected and appointed, in judicial positions in New York. The Commission recommended a milieu of changes to address the problems of racism in the court system and proposed another commission-- with a five year mandate-- be created to implement these recommendations, further analyze and collect data on race and the court system, and …


The Domestic Violence Component Of The New York Task Force Report On Women In The Courts: An Evaluation And Assessment Of New York City Courts, Sarah Eaton, Ariella Hyman Jan 1992

The Domestic Violence Component Of The New York Task Force Report On Women In The Courts: An Evaluation And Assessment Of New York City Courts, Sarah Eaton, Ariella Hyman

Fordham Urban Law Journal

This piece contains the findings of a survey conducted to evaluate the impact of the New York Task Force On Women in the Court's Report in the area of domestic violence and of the progress that has taken place since the Report's publication. The authors hope to provide insight not only into the next steps that should be taken in New York City, but also into the most effective methods of implementing change to combat bias against women in the courtroom. The authors conclude that although progress has been made in the area of combating bias against women in the …


Lawyers In The Public Service And The Role Of Law Schools, Frank J. Macchiarola, Joseph Scanlon Jan 1992

Lawyers In The Public Service And The Role Of Law Schools, Frank J. Macchiarola, Joseph Scanlon

Fordham Urban Law Journal

Law schools should recognize and maximize their opportunity to work in public service. Law schools have an obligation to recognize a causal link between legal education and value learned through the law school experience and the tremendous effect that this training can have on the community. This essay examines the history of the traditional law school curriculum and poses practical and philosophical suggestions for the improvement of existing course work towards the public good. Next, the essay examines the community beyond the walls of the school as a source of instruction and finally, argues that a more expansive definition of …


Ethics And International Practice: A Guide To The Professional Responsibilities Of Practitioners , Robert E. Lutz Jan 1992

Ethics And International Practice: A Guide To The Professional Responsibilities Of Practitioners , Robert E. Lutz

Fordham International Law Journal

Taking some typical international practice situations, we can highlight the basic professional competence questions posed: (1) ABC Company, located in California, wants to establish a manufacturing facility in Mexico, (2) ABC asks a lawyer to draft a sales agency agreement that it will use in dealing with a French distributor. The lawyer has previously prepared such an agreement for this client for use with respect to distributorships in the United States. These hypothetical situations raise the following professional competence questions: (1) What are the lawyer's professional responsibilities if the lawyer undertakes sole representation of this client in the lawyer's home …