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Legal Ethics: Discretion And Utility In Model Rule 1.6, Charles A. Kelbley Jan 1985

Legal Ethics: Discretion And Utility In Model Rule 1.6, Charles A. Kelbley

Fordham Urban Law Journal

No other profession requires practitioners to identify so closely and completely with the interests and confidences of their clients, as in the legal profession. Unlike doctors, priests, rabbis and other professionals, the lawyer is an adviser but also an advocate. Rule 1.6 is a major flaw in the legal profession's history of self-discipline. This rule fails the test of logic because the concept of discretion which it reflects is self-contradictory. This rule is a crude form of utilitarianism and should be reformulated to require disclosure whenever clients have no right to confidentiality and their conduct would constitute unjustified aggression or …

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Legal Education And Social Responsibility, Sandra Day O'Connor Jan 1985

Legal Education And Social Responsibility, Sandra Day O'Connor

Fordham Law Review

No abstract provided.

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In Forma Pauperis Litigants: Witness Fees And Expenses In Civil Actions, Kenneth R. Levine Jan 1985

In Forma Pauperis Litigants: Witness Fees And Expenses In Civil Actions, Kenneth R. Levine

Fordham Law Review

No abstract provided.

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An Employer's Implied Cause Of Action For Restitution Under Section 403 Of Erisa, Kathleen M. Scanlon Jan 1985

An Employer's Implied Cause Of Action For Restitution Under Section 403 Of Erisa, Kathleen M. Scanlon

Fordham Law Review

No abstract provided.

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Van Nuys Rally Speech, Geraldine Ferraro Nov 1984

Van Nuys Rally Speech, Geraldine Ferraro

Speeches

Speech for campaign rally at Van Nuys, CA, November 2, 1984. Includes handwritten notes and diacritic marks.

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The Advocate, The Advocate, Fordham Law School Nov 1984

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines Include: Moot Court Finals; Judge Weinfeld Receives 1984 Fordham-Stein Prize

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Germantown Rally Speech, Geraldine Ferraro Oct 1984

Germantown Rally Speech, Geraldine Ferraro

Speeches

Speech for campaign rally at Germantown High School, Pennsylvania, October 30, 1984. Includes handwritten notes and diacritic marks.

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Oakland Rally Speech, Geraldine Ferraro Oct 1984

Oakland Rally Speech, Geraldine Ferraro

Speeches

Speech for campaign rally at Oakland, CA, October 24, 1984.

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New York Metropolitan Area Baptist Conference Speech: Version 1, Geraldine Ferraro Oct 1984

New York Metropolitan Area Baptist Conference Speech: Version 1, Geraldine Ferraro

Speeches

Speech at the New York Metropolitan Area Baptist Conference, Harlem, NY, October 22, 1984. Includes handwritten notes and diacritic marks.

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New York Metropolitan Area Baptist Conference Speech: Version 2, Geraldine Ferraro Oct 1984

New York Metropolitan Area Baptist Conference Speech: Version 2, Geraldine Ferraro

Speeches

Speech at the New York Metropolitan Area Baptist Conference, Harlem, NY, October 22, 1984.

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Atlanta Rally Speech, Geraldine Ferraro Oct 1984

Atlanta Rally Speech, Geraldine Ferraro

Speeches

Speech for campaign rally at Atlanta, GA, October 3, 1984. Includes handwritten notes.

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Memphis Rally Speech, Geraldine Ferraro Oct 1984

Memphis Rally Speech, Geraldine Ferraro

Speeches

Speech for campaign rally at Memphis, TN, October 3, 1984. Includes handwritten notes.

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Akron Rally Speech, Geraldine Ferraro Oct 1984

Akron Rally Speech, Geraldine Ferraro

Speeches

Speech for campaign rally in Akron, OH, October 1, 1984.

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Johnstown Rally Speech, Geraldine Ferraro Sep 1984

Johnstown Rally Speech, Geraldine Ferraro

Speeches

Speech for a campaign rally at Johnstown, PA, September 29, 1984. Includes handwritten notes and diacritic marks.

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Boston Rally Speech, Geraldine Ferraro Sep 1984

Boston Rally Speech, Geraldine Ferraro

Speeches

Speech for a campaign rally at Boston, MA, September 26, 1984. Includes handwritten notes and diacritic marks.

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Philadelphia Arms Control Speech, Geraldine Ferraro Sep 1984

Philadelphia Arms Control Speech, Geraldine Ferraro

Speeches

Speech delivered at Philadelphia, PA, September 18, 1984.

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Senior Institute Address, Geraldine Ferraro Sep 1984

Senior Institute Address, Geraldine Ferraro

Speeches

Speech delivered at the Senior Institute run by the Ohio Department of Aging, Columbus, OH, September 11, 1984. Includes handwritten note.

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Selective Distribution, John Temple Lang Jan 1984

Selective Distribution, John Temple Lang

Fordham International Law Journal

Systems of selective distribution involve essentially two elements. First, the distribution does not supply every dealer, retailer, or wholesaler who is willing to sell the products in question. Only those who meet certain criteria are appointed as authorized retailers or wholesalers. Second, authorized dealers may sell only to other authorized dealers, or, in the case of retailers, to users. It is usual to classify the criteria for selecting the dealers to be approved as follows: 1) Qualitative and Quantitative Criteria; 2) Objective and Subjective Criteria; 3) Technical Qualifications and Commercial Qualifications. There may of course be obligations, including restrictive obligations, …

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Disciplinary Proceedings Against Accountants: The Need For A More Ascertainable Improper Professional Conduct Standard In The Sec's Rule 2(E), Michael J. Crane Jan 1984

Disciplinary Proceedings Against Accountants: The Need For A More Ascertainable Improper Professional Conduct Standard In The Sec's Rule 2(E), Michael J. Crane

Fordham Law Review

No abstract provided.

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New York City's J-51 Program: Controversy And Revision, Debra S. Vorsanger Jan 1984

New York City's J-51 Program: Controversy And Revision, Debra S. Vorsanger

Fordham Urban Law Journal

New York City administers a real estate tax incentive program, called the J-51 program, for eligible building owners who rehabilitate existing structures. Despite the need for such a program, various problems and abuses arose, emphasizing the need for major reform. Economic conditions changed the housing market and the tax incentives demonstrated several deleterious effects which contravene the original legislative intent of the program. After long negotiations surrounding several competing arguments, reforms were made. The current revisions were necessary to correct the abuses and to return the program to its original purpose of providing adequate housing for moderate and lower income …

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The Employee Retirement Income Security Act Of 1974 And Union Influence In Pension Fund Investment Decisions, Gerald P. Cunningham Jan 1984

The Employee Retirement Income Security Act Of 1974 And Union Influence In Pension Fund Investment Decisions, Gerald P. Cunningham

Fordham Urban Law Journal

Unions will eventually attempt to gain a voice in the direction of the investment of pension funds to which their members contribute. The Employee Retirement Income Security Act of 1974 (ERISA) contains provisions relating to fiduciary duty which may bar union influence over the investment decision-making process. This Note addresses the issue of whether a union-appointed fiduciary may influence investment decisions to incidentally benefit the union without violating the fiduciary duty provisions of ERISA. Ultimately, Courts should apply a materiality standard when interpreting the fiduciary duty provision of ERISA. The issue should be whether the investment decision was materially affected …

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Role Of A National Legal Information Center In The Access To Justice, The, Robert J. Nissenbaum Jan 1984

Role Of A National Legal Information Center In The Access To Justice, The, Robert J. Nissenbaum

Faculty Scholarship

The author reviews the nature of disputes and mechanisms for dispute

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Beyond Youngberg: Protecting The Fundamental Rights Of The Mentally Retarded, John Adams Rizzo Jan 1983

Beyond Youngberg: Protecting The Fundamental Rights Of The Mentally Retarded, John Adams Rizzo

Fordham Law Review

No abstract provided.

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Fee Awards For Pro Se Attorney And Nonattorney Plaintiffs Under The Freedom Of Information Act , Cathy Seibel Jan 1983

Fee Awards For Pro Se Attorney And Nonattorney Plaintiffs Under The Freedom Of Information Act , Cathy Seibel

Fordham Law Review

No abstract provided.

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Economically Motivated Relocations Of Work And An Employer's Duties Under Section 8(D) Of The National Labor Relations Act: A Three-Step Analysis , Edward P. O'Keefe, Seamus M. Tuohey Jan 1983

Economically Motivated Relocations Of Work And An Employer's Duties Under Section 8(D) Of The National Labor Relations Act: A Three-Step Analysis , Edward P. O'Keefe, Seamus M. Tuohey

Fordham Urban Law Journal

As industrial technology has progressed, large businesses have restructured in order to attract capital, resources, and customers. As a result, many employers have dislocated or outright terminated large numbers of their workforces. This Article addresses the legal and practical issues which arise under the National Labor Relations Act in connection with fundamental alterations of a business enterprise. In a series of administrative decisions and federal court actions, the National Labor Relations Board has sought to limit employer attempts to implement sweeping changes to their operations without prior consultation, and in certain circumstances prior agreement, with bargaining representatives of affected employees. …

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The Effective Assistance Of Counsel: Chance Or Guarantee?, Joanne Legano Jan 1983

The Effective Assistance Of Counsel: Chance Or Guarantee?, Joanne Legano

Fordham Urban Law Journal

This Comment reviews the historical development of the right to effective assistance of counsel for criminal defendants as defined by the Supreme Court, and discusses the various standards applied by lower federal courts. This Comment next examines United States v. Decoster, which provides the most comprehensive judicial analysis of the right to effective assistance of counsel at this juncture in time. The standards applied by the New York State courts are also analyzed. Finally, the author recommends uniform guidelines for evaluating claims of ineffective assistance of counsel.

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Medical Malpractice Damage Awards: The Need For A Dual Approach, Janice Kabel Jan 1983

Medical Malpractice Damage Awards: The Need For A Dual Approach, Janice Kabel

Fordham Urban Law Journal

Damage awards in medical malpractice cases have risen steadily in New York state courts over the past ten years. This increase has resulted in higher medical insurance premiums, which insured physicians pass along in higher prices to health care consumers. There are several theories as to why increased damages has occurred, but few legislative actions have deterred the process. Ultimately, this Note proposes reform in the tort/litigation/insurance system.

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Eec Competition Actions In Member States' Courts – Claims For Damages, Declarations And Injunctions For Breach Of Community Antitrust Law, John Temple Lang Jan 1983

Eec Competition Actions In Member States' Courts – Claims For Damages, Declarations And Injunctions For Breach Of Community Antitrust Law, John Temple Lang

Fordham International Law Journal

It seems likely that the need for protection against private claims for damages will cause more corporations to notify the Commission of their agreements and practices so as to obtain exemptions or, if appropriate, negative clearances. Whether this will cause a net increase in the Commission’s workload is not clear, since there will be a concomitant decrease in the number of cases dealt with by the Commission. The Commission could try to solve any problem of increasing workload by proposing a directive to harmonize national laws and procedures in a way which would encourage plaintiffs to bring claims in national …

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Why Lawyers Should Be Allowed To Advertise: A Market Analysis Of Legal Services , Geoffrey C. Hazard Jr., Russell G. Pearce, Jeffrey W. Stempel Jan 1983

Why Lawyers Should Be Allowed To Advertise: A Market Analysis Of Legal Services , Geoffrey C. Hazard Jr., Russell G. Pearce, Jeffrey W. Stempel

Faculty Scholarship

Last August, the American Bar Association adopted the Model Rules of Professional Conduct which significantly altered the ABA' position on lawyer advertising. It is still unclear how the states will respond to the ABA's new position, and the debate about the propriety of lawyer advertising continue. In the authors' view, both sides of the debate have overlooked an important point: For purposes of analyzing the advertising problem, legal services are of two types, and the effect of advertising on the legal services market will vary with the type of service involved."Individualized" services involve legal matters that pose a significant risk …

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Waiver Of Jury Trials In Federal Criminal Cases: A Reassessment Of The "Prosecutorial Veto", Fred Anthony Decicco Jan 1983

Waiver Of Jury Trials In Federal Criminal Cases: A Reassessment Of The "Prosecutorial Veto", Fred Anthony Decicco

Fordham Law Review

No abstract provided.

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