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Do We Really Want Ethical Government, John D. Feerick Jan 1992

Do We Really Want Ethical Government, John D. Feerick

Faculty Scholarship

The question I would like to address in this article arises out of my recent work with the New York State Commission on Government Integrity. As you may recall, the Commission was appointed by Governor Cuomo in 1987 following a series of corruption scandals in our State involving officials at all levels of government. It was a nonpartisan group comprised of a former Secretary of State, a former judge of the State's highest court, a prominent civil libertarian, a former federal prosecutor, and other prominent citizens of this State.' The Commission had a very broad mandate. It was directed to …

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Rediscovering The Republican Origins Of The Legal Ethics Codes, Russell G. Pearce Jan 1992

Rediscovering The Republican Origins Of The Legal Ethics Codes, Russell G. Pearce

Faculty Scholarship

Many commentators wrongly assume that the hired gun ideal is the foundation of our legal ethics codes. This article explains that this assumption is based on an historical mistake that has consequences for interpreting the modern codes. Judge George Sharswood, the nineteenth century scholar whose work provided the basis for the 1908 A.B.A. Canons of Ethics, had a republican conception that rejected the adversarial ethic in favor of a more nuanced conception that combined loyalty to clients with a thick obligation to the public good that both bounded client representation and required lawyers to provide political leadership. Although the emphasis …

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Why So Many Lawyers? Are They Good Or Bad?, Robert C. Clark Jan 1992

Why So Many Lawyers? Are They Good Or Bad?, Robert C. Clark

Fordham Law Review

In this essay, Dean Clark examines the popular notion that the United States has too many lawyers and that this abundance burdens the nation. While acknowledging the great growth of law and lawyers in recent decades, Dean Clark argues that, before denouncing this trend, we should first seek to develop a fuller explanation of its causes and consequences. After discussing just what it is that lawyers do, Dean Clark critiques three current "cancerous growth" theories that attempt to explain why there has been such a great and unhealthy increase in the number of lawyers Dean Clark then offers and analyzes …

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Dances With Nonlawyers: A Perspective On Law Firm Diversification, Gary A. Munneke Jan 1992

Dances With Nonlawyers: A Perspective On Law Firm Diversification, Gary A. Munneke

Fordham Law Review

In this Article, Professor Munneke continues the debate over ethical rules governing lawyers' professional affiliations with nonlawyers, arguing in favor of the adoption of uniform rules that regulate lawyers' conduct in the context of specific ethical issues, such as confidentiality and conflicts of interest. In Professor Munneke's view, the retention of ethical rules that prohibit law firm diversification impedes the ability of lawyers to compete effectively in today's rapidly changing marketplace of professional services. Professor Munneke moreover questions whether state bar association rules that prohibit law firm diversification are capable of withstanding judicial scrutiny under the federal antitrust laws and …

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The Dalkon Shield Claimants Trust: Paradigm Lost (Or Found)?, Georgene M. Vairo Jan 1992

The Dalkon Shield Claimants Trust: Paradigm Lost (Or Found)?, Georgene M. Vairo

Fordham Law Review

In this Essay, Dean Vairo discusses the policies and procedures governing the Dalkon Shield Claimants Trust After raising questions about the Trust's experience in a theoretical and jurisprudential context Dean Vairo describes the historical development of the Trust and provides a preliminary aosesment of the Trust's performance. Dean Vairo addresses various criticisms of the Trust and calls for a reasoned analysis of the Trust's policies in light of the theoretical questions raised in this Essay to determine whether the Trust should be considered as a model for resolving other mass tort cases.

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The Advocate, The Advocate, Fordham Law School Oct 1991

The Advocate, The Advocate, Fordham Law School

The Advocate

Law Review Institutes Affirmative Action Policy; Committee Forms to Bash Bias

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Bulletin Of Information 1991-1992, Fordham Law School Sep 1991

Bulletin Of Information 1991-1992, 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 1991

The Advocate, The Advocate, Fordham Law School

The Advocate

A Candid Conversation with New SBA V.P.; Supreme Court Justice Scalia Comes to Fordham: Sixteenth Annual Kaufman Moot Court Competition

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John F. Sonnett Memorial Lecture Series: The Advocate: Should He Speak Or Write?, James Mackay Apr 1991

John F. Sonnett Memorial Lecture Series: The Advocate: Should He Speak Or Write?, James Mackay

Lectures

Lecture by Lord Chancellor James Mackay of Great Britain (1987-1997) regarding advocacy skills. Document includes a speaker introduction and handwritten notes.

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The Advocate, The Advocate, Fordham Law School Feb 1991

The Advocate, The Advocate, Fordham Law School

The Advocate

Fordham and the Law: Natural Law at a Jesuit Law School; What is to be Done?: Student Exclusion from Decision-Making Sparks Anger, Confusion and an SBA Resolution; Fordhatn Gets Stoned! Computer Virus Hits Law School

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The Internationalization Of The Practice Of Law, Mary C. Daly Jan 1991

The Internationalization Of The Practice Of Law, Mary C. Daly

Fordham International Law Journal

In October 1991, the Stein Institute of Law and Ethics of Fordham University School of Law sponsored a two-day conference exclusively devoted to exploring the impact of cross-border legal services on the legal profession.

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The Proposal For A Directive On The Right Of Establishment For Lawyers In The European Community, Heinz Weil Jan 1991

The Proposal For A Directive On The Right Of Establishment For Lawyers In The European Community, Heinz Weil

Fordham International Law Journal

This Commentary concerns the initiative of the Council of the Bars and Law Societies of the European Community to codify the right of establishment for lawyers. I would first like to give a short summary of the historical background, without which it would be rather difficult to understand the meaning of the CCBE's Draft Directive on the Right of Establishment for Lawyers. Then, without going into the technicalities of the text, I would like to summarize the content of the draft. Finally, I would like to say a few words about the present situation concerning the Draft Directive.

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The Myth Of The Litigation Explosion, Randy M. Mastro Jan 1991

The Myth Of The Litigation Explosion, Randy M. Mastro

Fordham Law Review

The Litigation Explorsion: What Happened When America Unleashed the Lawsuit. By Walter K. Olson. Truman Talley Books: Dutton, 1991. Pp. 338. $24.95

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Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney Jan 1991

Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney

Fordham Urban Law Journal

Gentrification, the influx of high-income dwellers into low-income neighborhoods, has in the past decade become a serious cause of concern to low-income tenants in older American cities. Although gentrification has had some positive effects, one important negative effect has been the displacement of existing neighborhood residents. Various schemes have been suggested to combat displacement caused by gentrification. One strategy entails seeking legislative relief in the form of rent control and condominium-conversion laws to directly curb the influx of high-income residents; another makes use of rent vouchers and public housing to ameliorate the effects of displacement. This Article analyzes an alternative …

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The Long Process Of Change: The 1990 Amendments To The New York Code Of Professional Responsibility, Marjorie E. Gross Jan 1991

The Long Process Of Change: The 1990 Amendments To The New York Code Of Professional Responsibility, Marjorie E. Gross

Fordham Urban Law Journal

“The purposes of this Article are to describe the significant changes to the 1970 (New York) Code (of Professional Responsibility) and to give a firsthand account of the amendment process. Part I explains the process by which the Appellate Divisions adopt Disciplinary Rules promulgated by the New York State Bar Association. Part II discusses the specific amendments to the 1970 Code which became effective September 1, 1990. Part III summarizes the overall results of the amendments to the Code. “The principal changes reflected in the 1990 Code include: making a lawyer subject to discipline for unlawfully discriminating in the practice …

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Prosecutorial Ethics: The Case For The Per Se Rule, Kara S. Donahue Jan 1991

Prosecutorial Ethics: The Case For The Per Se Rule, Kara S. Donahue

Fordham Urban Law Journal

“The integrity of the legal system is essential to public confidence in government. Without public confidence, the rule of law loses its meaning. The prosecutor is often the most visible participant in the criminal justice system, and thus, even the appearance of impropriety in the prosecutor's behavior erodes the public trust. He has a duty to seek justice and truth, not only to convict. This duty creates a dual role for the prosecutor: he is both an advocate seeking to obtain convictions and a minister of justice attempting to discover the truth. The public expects him to fulfill these functions …

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Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney Jan 1991

Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney

Fordham Urban Law Journal

Gentrification, the influx of high-income dwellers into low-income neighborhoods, has in the past decade become a serious cause of concern to low-income tenants in older American cities. Although gentrification has had some positive effects, one important negative effect has been the displacement of existing neighborhood residents. Various schemes have been suggested to combat displacement caused by gentrification. One strategy entails seeking legislative relief in the form of rent control and condominium-conversion laws to directly curb the influx of high-income residents; another makes use of rent vouchers and public housing to ameliorate the effects of displacement. This Article analyzes an alternative …

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A Piece In The Puzzle Of Providing Adequate Housing: Court Effectiveness In Code Enforcement, Sarah H. Ramsey, Fredrick Zolna Jan 1991

A Piece In The Puzzle Of Providing Adequate Housing: Court Effectiveness In Code Enforcement, Sarah H. Ramsey, Fredrick Zolna

Fordham Urban Law Journal

This article provides an overview of the general characteristics of the City of Syracuse, and the efforts of the City to improve housing and its code enforcement system. This overview is designed to relate the Syracuse model to other urban areas that face similar housing problems and share many of the City's demographic attributes. This article proceeds to set out the research methodology and findings of an empirical study of Syracuse's court system. Finally, this article addresses the problems in measuring court effectiveness in code enforcement. This article emphasizes the limits on a court in effecting social changes and suggests …

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Mount Laurel And The Fair Housing Act: Success Or Failure? A Presentation By The Affordable Housing Colloquium Of The Seton Hall University Center For Social Justice With An Introduction And Commentary By Paula A. Franzese, Paula A. Franzese, Art Bernard, Peter Van Doren Jan 1991

Mount Laurel And The Fair Housing Act: Success Or Failure? A Presentation By The Affordable Housing Colloquium Of The Seton Hall University Center For Social Justice With An Introduction And Commentary By Paula A. Franzese, Paula A. Franzese, Art Bernard, Peter Van Doren

Fordham Urban Law Journal

This article details a colloquium held by the Seton Hall University University Center for Social Justice concerning affordable housing. This article explores the historical and theoretical underpinnings of the Mount Laurel doctrine, and explores the viability of existing mechanisms to implement the associated constitutional imperative. The first speaker, Mr. Art Bernard, advocates that the current enforcement plan for realizing affordable housing goals is an effective means of enforcement. The second speaker, Professor Peter Van Doren, advocates that the Mount Laurel strategy is fundamentally ineffective, and suggests, in leiu of manipulation of housing market outcomes, that the various efficiency and equity …

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Criminal Malpractice: Privilege Of The Innocent Plaintiff, Susan M. Treyz Jan 1991

Criminal Malpractice: Privilege Of The Innocent Plaintiff, Susan M. Treyz

Fordham Law Review

No abstract provided.

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A Worldwide Common Code Of Professional Ethics?, John Toulmin Q.C. Jan 1991

A Worldwide Common Code Of Professional Ethics?, John Toulmin Q.C.

Fordham International Law Journal

This Article examines if what the European Economic Community adopted as a common Code of Conduct for Lawyers in the European Community could be the basis for world-wide code of conduct for lawyers. The code of conduct creates a framework of principles of professional conduct that is to be applied to all cross-border activities between lawyers in the EEC, including all professional contacts with lawyers of Member States (and other signatories) other than their own, and also to the professional activities of lawyers in a Member State other than their own.

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The U.S. Law Of Client Confidentiality: Framework For An International Perspective, Charles W. Wolfram Jan 1991

The U.S. Law Of Client Confidentiality: Framework For An International Perspective, Charles W. Wolfram

Fordham International Law Journal

In this Article, I will consider two general areas of the U.S. law of confidentiality. In Part I, I will reflect briefly upon what I call “the U.S. culture of lawyer-client confidentiality.” I say “culture” rather than “cult,” and one must guard against temptations to confuse those concepts. Those reflections will serve as background—by way of both match and contrast—to my sketch of the U.S. law of confidentiality in Part II.

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Lawyers In The European Community: Progress Towards Community-Wide Rights Of Practice, Roger J. Goebel Jan 1991

Lawyers In The European Community: Progress Towards Community-Wide Rights Of Practice, Roger J. Goebel

Fordham International Law Journal

This Article will cover the following topics: I The Context of Community Law on Lawyers' Rights; II The Rights of Professionals; III Rules on Lawyers' Freedom to Provide Services; IV Lawyers' Right of Professional Establishment; V Mutual Recognition of Higher-Education Diplomas; VI The Role of the Council of the Bars and Law Societies of the European Community; VII The State of Progress Toward Community-wide Rights of Practice; and VIII Reflections on U.S.-E.C. Cross-Border Practice.

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Reimbursement Of Indenture Trustees For Substantial Contribution Under Section 503 Of The Bankruptcy Code, Mark A. Cohen Jan 1991

Reimbursement Of Indenture Trustees For Substantial Contribution Under Section 503 Of The Bankruptcy Code, Mark A. Cohen

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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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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Professional Discipline In 2050: A Look Back , Ted Schneyer Jan 1991

Professional Discipline In 2050: A Look Back , Ted Schneyer

Fordham Law Review

This piece was originally commissioned 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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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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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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Bulletin Of Information 1990-1991, Fordham Law School Oct 1990

Bulletin Of Information 1990-1991, 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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