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Fordham Law School

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The European Community's Environmental Policy: A Case-Study In Federalism, Auke Haagsma Jan 1988

The European Community's Environmental Policy: A Case-Study In Federalism, Auke Haagsma

Fordham International Law Journal

This article will examine the European Community’s environmental policy and how spill-over effects in that area led to a transfer of powers from the Member-State to the Community level. It will also examine the manner in which governmental functions in this area are distributed between the two levels and, thus, whether the characteristics of a federal structure can be discerned.

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Bulletin Of Information 1987-1988, Fordham Law School Aug 1987

Bulletin Of Information 1987-1988, 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, affirmative action policy, academic regulations, examinations & grades, student organizations, Alumni Association

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The Advocate, The Advocate, Fordham Law School Feb 1987

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines include: Legal Aid Program At Fordham; For Some, Death A Capital Idea; Calamari To Receive Honor

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Mergers And Partial Mergers Under Eec Law, Karen Banks Jan 1987

Mergers And Partial Mergers Under Eec Law, Karen Banks

Fordham International Law Journal

This Article, in Parts I-III, traces the development of Articles 85 and 86 of the EEC Treaty from the drafting of the Treaty, through discussions in the 1960s on their possible application to mergers, to the Continental Can case in 1973 and its subsequent interpretation. Part IV examines the Commission's proposal for a regulation on the control of concentrations between undertakings. Part V explains the Commission's practice in relation to joint ventures (partial mergers), tracing the connection between this phenomenon and the merger problem. Finally, Part VI looks at recent developments that demonstrate the currently unsatisfactory state of this are …

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An Extension Of The Right Of Access: The Pro Se Litigant's Right To Notification Of The Requirements Of The Summary Judgment Rule, Joseph M. Mclaughlin Jan 1987

An Extension Of The Right Of Access: The Pro Se Litigant's Right To Notification Of The Requirements Of The Summary Judgment Rule, Joseph M. Mclaughlin

Fordham Law Review

No abstract provided.

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Class Action Counsel As Named Plaintiff: Double Trouble, Neil L. Rock Jan 1987

Class Action Counsel As Named Plaintiff: Double Trouble, Neil L. Rock

Fordham Law Review

No abstract provided.

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The Referral Fee And The Aba Rules Of Model Conduct: Should States Adopt Model Rule 1.5(E)?, Sheryl Zeligson Jan 1987

The Referral Fee And The Aba Rules Of Model Conduct: Should States Adopt Model Rule 1.5(E)?, Sheryl Zeligson

Fordham Urban Law Journal

This Note examines the history behind DR 2-107 and the reasons for the ABA's adoption of Model Rule 1.5(e). It then analyzes DR 2-107 in depth to determine whether it has been effective in terms of advancing the policies and purposes it was designed to promote. The Note concludes that DR 2-107 is deficient for the following reasons: (1) members of the legal profession oppose and flagrantly violate the rule; (2) except in a few jurisdictions, violators of the rule are rarely prosecuted while even in those jurisdictions that do enforce the rule, the courts are vague in their interpretation …

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A Message From The Dean, John D. Feerick Jan 1987

A Message From The Dean, John D. Feerick

Fordham Urban Law Journal

Thanking the Fordham Urban Law Journal for bringing to light, through its publication of the Task Force on Women Report and related scholarly works, the sexist practices persisting in the legal community and the practical challenges facing women in the legal industry.

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Report Of The New York Task Force On Women In The Courts Jan 1987

Report Of The New York Task Force On Women In The Courts

Fordham Urban Law Journal

Charged by the New York State Unified Court System with the responsibilities of reviewing and reporting on gender biases existing throughout the New York legal industry, the New York Task Force on Women, comprised of judges, leading practitioners, and academic scholars, set forth a plethora of evidence revealing the depth of gender biases in the New York legal industry. Concluding that gender bias is rampant and pervasive both in the court system and in the private legal industry, the Report reasons that the quickest and most effective way by which reform can be achieved is through the enlistment of the …

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Ten Years After: Evolving Mental Health Advocacy And Judicial Trends, Michael L. Perlin Jan 1987

Ten Years After: Evolving Mental Health Advocacy And Judicial Trends, Michael L. Perlin

Fordham Urban Law Journal

"Address to the Mental Health Legal Advocacy Symposium, "Current Issues in Law and Psychiatry," New York, New York, May 30, 1985." This speech provides an overview of trends in mental disability law as they evolved from 1972 to 1982. It also explores social, economic, and political developments impacting on mental health advocacy, and looks at both seminal supreme court cases and lower courts' responses. It finds an ambivalent Supreme Court without a clear position on many issues related to mentally disabled individuals.

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Protecting Battered Women: A Proposal For Comprehensive Domestic Violence Legislation In New York, Lisa R. Beck Jan 1987

Protecting Battered Women: A Proposal For Comprehensive Domestic Violence Legislation In New York, Lisa R. Beck

Fordham Urban Law Journal

This note proposes that New York implement a mandatory arrest policy for certain types of domestic violence. The author first examines New York's current methods of addressing domestic violence, including previous attempts at decriminalization, judicial remedies, and the effectiveness of orders of protection. The author then describes the issues of the current discretionary arrest policy. The note examines domestic violence legislation in other states, then proposes a comprehensive statutory scheme to address domestic violence in New York state.

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Noncommercial Door-To-Door Solicitation And The Proper Standard Of Review For Municipal Time, Place, And Manner Restrictions, Philip L. Hirschhorn Jan 1987

Noncommercial Door-To-Door Solicitation And The Proper Standard Of Review For Municipal Time, Place, And Manner Restrictions, Philip L. Hirschhorn

Fordham Law Review

No abstract provided.

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The Advocate, The Advocate, Fordham Law School Dec 1986

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines include: Wormser? Lovett!; Fordham JD/MBA

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The Advocate, The Advocate, Fordham Law School Nov 1986

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines include: Dean Byrn; Change The Elections Laws

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Bulletin Of Information 1986-1987, Fordham Law School Aug 1986

Bulletin Of Information 1986-1987, 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, affirmative action policy, academic regulations, examinations & grades, student organizations, Alumni Association

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The Gatt And Services: Quill And Ink In An Age Of Word Processors, Robert N.H. Christmas Jan 1986

The Gatt And Services: Quill And Ink In An Age Of Word Processors, Robert N.H. Christmas

Fordham International Law Journal

This Note argues that because a significant portion of services are traded electronically, for example, via cable and satellite, any new agreement must encompass electronically-delivered services. Part I of this Note discusses the dispute in the international community over extending the GATT to cover services. Part II examines the problems posed by modern technology related to the inclusion of services in any multi-lateral agreement. Part III analyzes the inadequacy of existing and proposed GATT frameworks for dealing with the problems posed by electronically-delivered services. This Note concludes that while the existing and proposed GATT frameworks may provide a structure for …

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Antitrust And Trade Policy In The United States And The European Community, David G. Gill Jan 1986

Antitrust And Trade Policy In The United States And The European Community, David G. Gill

Fordham International Law Journal

This review states that this volume presents the contributions of four specialists in the field and goes on to state how the volume is divided almost equally between the analysis of United States law and decisions and of the application of anti-trust principles within the European Community.

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The Quiet Revolution In The American Law Proffesion: Remarks Before The Commission On Professionalism Of The American Bar Association, Peter Megargee Brown Jan 1986

The Quiet Revolution In The American Law Proffesion: Remarks Before The Commission On Professionalism Of The American Bar Association, Peter Megargee Brown

Fordham Urban Law Journal

This Speech discusses the decline of the law profession in its commitment to public service. It analyzes the reasons as to why the practice of law has evolved from a profession once thought to epitomize professionalism into one that does not seem much different from other businesses. It discusses the consequences of such a reality. The author suggests measures that the American Bar Association should employ to ameliorate the effects of this reality and outlines steps it should take to help restore the high level of professionalism to the industry.

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Conservatorship: A Viable Alternative To Incompetency, Allen Federman Jan 1986

Conservatorship: A Viable Alternative To Incompetency, Allen Federman

Fordham Urban Law Journal

The Article presents a general introduction to the concept of conservatorship, which is utilized to protect and care for the assets of impaired, but not adjudicated as incompetent, individuals. The Article gives an overview of the legislative history leading to the enactment of Article 77 of the New York Mental Hygiene Law and it explores some of the alternatives to conservatorship by discussing the benefits and disadvantages that the alternative processes provide to the impaired individual, the conservatee. The Article also discusses the role the conservator plays in the appointment and termination processes, how the conservator goes about marshaling the …

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Forfeiture Of Attorney's Fees Under Rico And Cce, Frank Mccay Jan 1986

Forfeiture Of Attorney's Fees Under Rico And Cce, Frank Mccay

Fordham Law Review

No abstract provided.

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The Single European Act: Attempt At An Appraisal, Hans-Joachim Glaesner Jan 1986

The Single European Act: Attempt At An Appraisal, Hans-Joachim Glaesner

Fordham International Law Journal

This Article analyzes whether the Act [the Single European Act] will aid European unification. Part I argues that a realistic and balanced assessment of its results is possible through a comparison of the final outcome of its negotiations with the Act’s original objectives, in light of the political realities of the Community. Part II briefly chronicles the recent history of European political operation. Part III discusses the effect of the Act on the power of the Community over the Member States. Part IV analyzes the decision making processes provided for by the Act.

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Article 5 Of The Eec Treaty: The Emergence Of Constitutional Principles In The Case Law Of The Court Of Justice, John Temple Lang Jan 1986

Article 5 Of The Eec Treaty: The Emergence Of Constitutional Principles In The Case Law Of The Court Of Justice, John Temple Lang

Fordham International Law Journal

This Article suggests that Article 5 imposes a wide variety of important duties on Member States, and that its implications extend much further than is generally realized.

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To Whom Does The Government Lawyer Owe The Duty Of Loyalty When Clients Are In Conflict, William Josephson, Russell G. Pearce Jan 1986

To Whom Does The Government Lawyer Owe The Duty Of Loyalty When Clients Are In Conflict, William Josephson, Russell G. Pearce

Faculty Scholarship

This Article focuses on the continuing debate on the ethical obligations of government lawyers: do government lawyers represent the people or do they represent a client? The Article explains that the dominant conception that government lawyers represent the people actually results in government lawyers representing themselves. After examining alternative approaches to determining the identity of the government lawyer’s client, the Article concludes that only one approach is consistent with both the ethical rules and our republican system of government. The government lawyer’s client properly understood is an elected official or, in certain cases, an agency head with legal authority independent …

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The Advocate, The Advocate, Fordham Law School Oct 1985

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines include: Harris Resigns; Schomer Wins Mulligan; Mitchell Charts New Course; Election Law Changes; Fordham To Honor Two At Dean's Day Ceremony

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Bulletin Of Information 1985-1986, Fordham Law School Aug 1985

Bulletin Of Information 1985-1986, 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, affirmative action policy, academic regulations, examinations & grades, student organizations, Alumni Association

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The Advocate, The Advocate, Fordham Law School Apr 1985

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines include: Mitchell Wins SBA Post; Despite Cuts Aid Still Available; Second Year Student Elected To ABA Post

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The Advocate, The Advocate, Fordham Law School Feb 1985

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines include: Fordham Establishes Center For European Community Law And International Antitrust; Developments In Church And State; Financing Law School

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The President's Tax Proposals: A Major Step In The Right Direction, Edward Yorio Jan 1985

The President's Tax Proposals: A Major Step In The Right Direction, Edward Yorio

Fordham Law Review

No abstract provided.

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Protection Of Legal Privilege In Eec Competition Law: The Imperfections Of A Case, Theofanis Christoforou Jan 1985

Protection Of Legal Privilege In Eec Competition Law: The Imperfections Of A Case, Theofanis Christoforou

Fordham International Law Journal

The AM & S Europe judgment by the Court of Justice of the European Union was the first ruling on the principle of confidentiality. Part I will deal with certain facets of the principle of confidentiality, not considered by the Court, in the light of a comparative analysis of the laws of the Member States. Finally, part II will analyse the impact of the Court’s ruling on both Community and national laws and briefly discuss the implications of the judgment for lawyers from third countries.

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The Effects Of Hensley V. Eckerhart On The Award Of Attorney's Fees, E. Wayne Powell Jan 1985

The Effects Of Hensley V. Eckerhart On The Award Of Attorney's Fees, E. Wayne Powell

Fordham Urban Law Journal

The traditional "American Rule" regarding attorney fees did not allow for prevailing parties to collect attorney's fees from the unsuccessful party. In response to the Supreme Court's decision in Alyeska v. Wilderness Society, which reaffirmed the American Rule and its limited exceptions, Congress passed the Civil Rights Attorneys Fees Award Act of 1976. In its wake, courts began awarding attorneys fees to prevailing parties. The Supreme Court's decision in Hensley v. Eckerhart, focused on the correlation between the degree of success of prevailing plaintiffs and the amount of the attorney's fees awarded. This Article discusses the effects on fee awards …

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