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Regulation Without Borders: The Impact Of Sarbanes-Oxley On European Companies, Maria Camilla Cardilli Jan 2003

Regulation Without Borders: The Impact Of Sarbanes-Oxley On European Companies, Maria Camilla Cardilli

Fordham International Law Journal

The purpose of this study is to: (i) outline the key provisions of Sarbanes-Oxley, highlighting the aspects of the Act which are most likely to impact European companies as well as their officers and directors; (ii) point out the provisions of the Act which conflict with EU national laws; and (iii) illustrate the key points of the proposed European reform of corporate governance, as formulated on November 4, 2002 by the High Level Group of Company Law Experts appointed by the European Commission.

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Beyond The Charter: How Enlargement Has Enlarged The Human Rights Policy Of The European Union, Gráinne De Búrca Jan 2003

Beyond The Charter: How Enlargement Has Enlarged The Human Rights Policy Of The European Union, Gráinne De Búrca

Fordham International Law Journal

The contention of this Article, however, is that a number of other developments have taken place which--in mostly unanticipated ways--may lead to more significant change in the scope and shape of EU human rights policy than the Charter alone. In particular, two developments have combined in recent years to open the way for a more general and comprehensive human rights policy which, while less concerned with the contentious competence and justiciability debates generated by the Charter, is already beginning to manifest itself in interesting ways. The first of these developments was the shaping of a more principled and graduated crisis …

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Painting By Numbers: "And, Um, Let's Have A Black Lawyer Sit At Our Table", J. Cunyon Gordon Jan 2003

Painting By Numbers: "And, Um, Let's Have A Black Lawyer Sit At Our Table", J. Cunyon Gordon

Fordham Law Review

No abstract provided.

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The Private Securities Law Reform Act: Is It Working?, Hon. Edward R. Becker, Hon. Milton I. Shadur, Jill E. Fisch, Gregory P. Joseph Jan 2003

The Private Securities Law Reform Act: Is It Working?, Hon. Edward R. Becker, Hon. Milton I. Shadur, Jill E. Fisch, Gregory P. Joseph

Fordham Law Review

No abstract provided.

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Combining Professionalism, Nation Building And Public Service: The Professional Project Of The Israeli Bar 1928-2002, Neta Ziv Jan 2003

Combining Professionalism, Nation Building And Public Service: The Professional Project Of The Israeli Bar 1928-2002, Neta Ziv

Fordham Law Review

No abstract provided.

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Regulation Of Lawyers Without The Code, The Rules, Or The Restatement: Or, What Do Honor And Shame Have To Do With Civil Discovery Practice?, W. Bradley Wendel Jan 2003

Regulation Of Lawyers Without The Code, The Rules, Or The Restatement: Or, What Do Honor And Shame Have To Do With Civil Discovery Practice?, W. Bradley Wendel

Fordham Law Review

No abstract provided.

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An Ethics Critique Of Interference In Law School Clinics, Robert R. Kuehn, Peter A. Joy Jan 2003

An Ethics Critique Of Interference In Law School Clinics, Robert R. Kuehn, Peter A. Joy

Fordham Law Review

Law school clinics play an increasingly important role in training future lawyers and providing legal assistance to traditionally under-represented individuals and groups. In addition to facing the legal issues present in any law practice, law clinic students and faculty often confront ethical issues that lawyers representing poor and unpopular clients sometimes face - outside interference in case and client selection. This article explores the ethical considerations raised by interference in law school clinic case and client selection and limitations on the means of representation lawyers may employ in representing their clients. The article's analysis provides a useful framework for responding …

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The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris Jan 2003

The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris

Fordham Urban Law Journal

A general overview of the journal's progress and publications.

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Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz Jan 2003

Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz

Fordham Urban Law Journal

This Article examines the role of lawyers for homeless people. It argues that while even the most zealous legal advocacy cannot alone solve homelessness, it remains an important tool because of the assistance it provides to individuals, its impact on broader legal rules, and its potential role in shaping public perception and debate. The Article also maintains that legal advocacy works best when combined with a holistic approach that addresses homeless clients' non-legal needs, such as housing placement, case management, medical and psychiatric care, job training, and substance abuse counseling. It further argues that, to the extent possible, lawyers for …

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Expanding Latino Participation In The Legal Profession: Strategies For Increasing Latino Law School Enrollments, William Malpica, Mauricio A. España Jan 2003

Expanding Latino Participation In The Legal Profession: Strategies For Increasing Latino Law School Enrollments, William Malpica, Mauricio A. España

Fordham Urban Law Journal

This Essay explores how Latinos have faired in the law school admissions process -- a hurdle that the group has yet to overcome -- and evaluates current efforts to bolster Latino enrollment. It examines the underlying conditions that contribute to low Latino enrollment in law schools by revealing the primary obstacles to Latino admission: the limited pool of eligible Latino college graduates and current law school admissions policies that emphasize Law School Admission Test scores and grade point averages. This Essay review a sampling of responses to low Latino law school enrollment and concludes that the most effective strategies for …

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Transformative Criminal Defense Practice: Truth, Love, And Individual Rights- The Innovative Approach Of The Georgia Justice Project, Douglas Ammar, Tosha Downey Jan 2003

Transformative Criminal Defense Practice: Truth, Love, And Individual Rights- The Innovative Approach Of The Georgia Justice Project, Douglas Ammar, Tosha Downey

Fordham Urban Law Journal

Georgia Justice Project has a unique approach to criminal defense and rehabilitation which is based on a relationship and community-oriented ethic. Focused on only accepting clients who are willing to make a serious commitment to changing their lives, the GJP ensures that the client moves beyond social, emotional and personal challenges that contributed to their legal problems. This article describes the unique factors of the GJP that have contributed to its continued success.

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"Forgive Me Victim For I Have Sinned": Why Repentance And The Criminal Justice System Do Not Mix - A Lesson From Jewish Law, Cheryl G. Bader Jan 2003

"Forgive Me Victim For I Have Sinned": Why Repentance And The Criminal Justice System Do Not Mix - A Lesson From Jewish Law, Cheryl G. Bader

Fordham Urban Law Journal

This essay will critique the Georgia Justice Project's encouragement of confessions in the context of the secular American justice system via comparison with the treatment of confessions under ancient Jewish law. Specifically, this essay posits that the absolute prohibition on the use of confessions in a legal system firmly rooted in religious values recognizes the danger inherent in combining the act of speaking of one's sins for religious penance with the use of such confessions in the criminal adjudication process. The Jewish legal system avoids these inherent dangers by completely devaluing the accused's confession. The GJP, in contrast, merges the …

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Practice What You Preach: Power, Paternalism, And The Christian Lawyer For The Poor, Melanie D. Acevedo Jan 2003

Practice What You Preach: Power, Paternalism, And The Christian Lawyer For The Poor, Melanie D. Acevedo

Fordham Urban Law Journal

This Essay will focus on the approach a Christian poverty lawyer can take to answering these questions. This Essay will argue that because a lawyer's actions are ultimately based on what she believes about herself and her place in the world, the Christian lawyer will begin her move away from paternalism and towards power-sharing. She will do this by embracing a Christian self-understanding and integrating that understanding into her work in the most significant ways possible. Further, when she looks at power itself through a biblical lens, the Christian poverty lawyer sees a framework for practice that is radically different …

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New York Revises Ethics Rules To Permit Limited Mdps: A Critical Analysis Of The New York Approach, The Future Of The Mdp Debate After Enron, And Recommendations For Other Jurisdictions, John P. Lucci Jan 2003

New York Revises Ethics Rules To Permit Limited Mdps: A Critical Analysis Of The New York Approach, The Future Of The Mdp Debate After Enron, And Recommendations For Other Jurisdictions, John P. Lucci

Fordham Journal of Corporate & Financial Law

No abstract provided.

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If Multidisciplinary Parternships Are Introduced Into The United States, What Could Or Should Be The Role Of General Counsel?, Michele D. Beardslee Jan 2003

If Multidisciplinary Parternships Are Introduced Into The United States, What Could Or Should Be The Role Of General Counsel?, Michele D. Beardslee

Fordham Journal of Corporate & Financial Law

No abstract provided.

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The European Union In Transition: The Treaty Of Nice In Effect; Enlargement In Sight; A Constitution In Doubt, Roger J. Goebel Jan 2003

The European Union In Transition: The Treaty Of Nice In Effect; Enlargement In Sight; A Constitution In Doubt, Roger J. Goebel

Fordham International Law Journal

This Article is intended to provide an overview of this transitional moment in the history of the European Union. Initially, the Article will briefly review the background of the Treaty of Nice, and the institutional structure modifications for which it provides, which paves the way for enlargement. Next it will describe the final stages of the enlargement process. Finally, the Article will set out the principal institutional innovations and certain other key aspects of the draft Constitution, the most important issues concerning them, and the current impasse.

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Introduction Welcome And Opening Remarks: Panel One: Introduction, Tanya K. Hernandez Jan 2003

Introduction Welcome And Opening Remarks: Panel One: Introduction, Tanya K. Hernandez

Faculty Scholarship

No abstract provided.

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Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, The Thirty-Third Annual Administrative Law Issue Agencies, Economic Justice, And Private Initiatives, Jill E. Fisch, Caroline M. Gentile Jan 2003

Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, The Thirty-Third Annual Administrative Law Issue Agencies, Economic Justice, And Private Initiatives, Jill E. Fisch, Caroline M. Gentile

Faculty Scholarship

The Securities and Exchange Commission introduced a new corporate governance structure, the qualified legal compliance committee, as part of the professional standards of conduct for attorneys mandated by the Sarbanes-Oxley Act of 2002. QLCCs are consistent with the Commission's general approach to improving corporate governance through specialized committees of independent directors. This Article suggests, however, that assessing the benefits and costs of creating QLCCs may be more complex than is initially apparent. Importantly, QLCCs are unlikely to be effective in the absence of incentives for active director monitoring. This Article concludes by considering three ways of increasing these incentives.

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Alice's Adventures In Wonderland: Preliminary Reflections On The History Of The Split English Legal Profession And The Fusion Debate (1000-1900 A.D.), Judith L. Maute Jan 2003

Alice's Adventures In Wonderland: Preliminary Reflections On The History Of The Split English Legal Profession And The Fusion Debate (1000-1900 A.D.), Judith L. Maute

Fordham Law Review

No abstract provided.

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The Myth Of Civic Republicanism: Interrogating The Ideology Of Antebellum Legal Ethics, Norman W. Spaulding Jan 2003

The Myth Of Civic Republicanism: Interrogating The Ideology Of Antebellum Legal Ethics, Norman W. Spaulding

Fordham Law Review

No abstract provided.

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Considering The A.B.A.'S 1908 Canons Of Ethics, James M. Altman Jan 2003

Considering The A.B.A.'S 1908 Canons Of Ethics, James M. Altman

Fordham Law Review

No abstract provided.

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Integrity In The Law: In Honor Of John D. Feerick: Introduction, William Michael Treanor Jan 2003

Integrity In The Law: In Honor Of John D. Feerick: Introduction, William Michael Treanor

Fordham Law Review

No abstract provided.

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Criminal Neglect: Indigent Defense From A Legal Ethics Perspective Ethics Symposium What Do Clients Want: Practice Contexts, Bruce A. Green Jan 2003

Criminal Neglect: Indigent Defense From A Legal Ethics Perspective Ethics Symposium What Do Clients Want: Practice Contexts, Bruce A. Green

Faculty Scholarship

Most criminal defendants in the United States cannot afford to pay for a lawyer's services, and as a result their lawyers are government funded. Unfortunately, some state and local governments drastically under-fund indigent defense services. Criminal defense lawyers serving in these jurisdictions typically carry grossly excessive caseloads and are therefore severely restricted in how much time they can devote to individual clients. Commentators have targeted the under-funding of indigent defense systems as a problem of criminal justice, constitutional law, and civil rights. That is certainly true, but the under-funding of indigent defense also raises a serious and inadequately recognized problem …

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If You Gag The Lawyers, Do You Choke The Courts? Some Implications For Judges When Funding Restrictions Curb Advocacy By Lawyers On Behalf Of The Poor, Laura K. Abel, David S. Udell Jan 2002

If You Gag The Lawyers, Do You Choke The Courts? Some Implications For Judges When Funding Restrictions Curb Advocacy By Lawyers On Behalf Of The Poor, Laura K. Abel, David S. Udell

Fordham Urban Law Journal

This Article examines restrictions on legal services lawyers that are particularly likely to cause interference with the core functions of the courts. It also examines the effect on state courts of federal restrictions on the funding that state and local governments provide for legal services. The Article also discusses the separation of powers and federalism implications of these incursions into court operations. It advocates for the application of the Supreme Court's reasoning in Legal Services Corp. v. Velazquez.

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Remarks By The Honorable Judith S. Kaye: Access To Justice Conference, September 11, 2001, The Honorable Judith S. Kaye Jan 2002

Remarks By The Honorable Judith S. Kaye: Access To Justice Conference, September 11, 2001, The Honorable Judith S. Kaye

Fordham Urban Law Journal

Remarks at the Access to Justice Conference: September 11, 2001

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Civil Legal Assistance For Low-Income Persons: Looking Back And Looking Forward, Alan W. Houseman Jan 2002

Civil Legal Assistance For Low-Income Persons: Looking Back And Looking Forward, Alan W. Houseman

Fordham Urban Law Journal

This Article discusses the importance of legal aid and the services it provides to low-income persons. The Article also addresses the need for further change. It advocates for the development of a stronger base of public support at the local level. It also calls for an integrated, comprehensive statewide system to ensure that access is available to all those who need relief.

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Using One's Head To Sustain One's Heart: A New Focus For The Establishment Of The Caribbean Court Of Justice, Neil Dennis Jan 2002

Using One's Head To Sustain One's Heart: A New Focus For The Establishment Of The Caribbean Court Of Justice, Neil Dennis

Fordham International Law Journal

This Note focuses on the reasonableness of placing the sovereignty argument at the forefront of the Caribbean Court of Justice (CCJ) debate instead of the Caribbean Community (CARICOM) Single Market and Economy (CSME) argument. The reason being is the CSME cannot exist without the CCJ. Part I discusses the background of both the CCJ & the CSME. Part II analyzes the arguments of sovereignty and the CSME for the establishment of the CCJ. Part III advocates that it is wise to argue rationally, in today's age of globalization, rather than emotionally.

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Fordham Environmental Law Review Volume 13 Issue 3- Panel Iii- Electric Generators In New York City- Balancing The Energy, Fordham Environmental Jan 2002

Fordham Environmental Law Review Volume 13 Issue 3- Panel Iii- Electric Generators In New York City- Balancing The Energy, Fordham Environmental

Fordham Environmental Law Review

No abstract provided.

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In Defense Of Ghostwriting, Jona Goldschmidt Jan 2002

In Defense Of Ghostwriting, Jona Goldschmidt

Fordham Urban Law Journal

This Article analyzes the legal community's resistance to ghostwriting for pro se litigants. It examines the nature, extent and benefits of ghostwriting. It analyzes objections to ghostwriting raised in case law and ethics opinions. It describes recent ghostwriting recommendations and regulatory developments. The Article discusses the relevance of the duty of confidentiality and the attorney-client privilege to ghostwriting. It analyzes the legal community's resistance to ghostwriting. The Article concludes that ghostwriting serves a growing segment of the pro se population and that it doesn't violate the court rules or ethical principles.

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Traveling Justice: Providing Court Based Pro Se Assistance To Limited Access Communities, Tina L. Rasnow Jan 2002

Traveling Justice: Providing Court Based Pro Se Assistance To Limited Access Communities, Tina L. Rasnow

Fordham Urban Law Journal

This Article discusses one Southern California court's attempt to provide greater access to underrepresented litigants in a mixed urban and rural county northwest of Los Angeles. The Article explores Ventura County Superior Court's outreach program designed to increase court access through pro se self-help services, educational outreach, specialty courts, and collaboration with social service organizations. The Article hopes to inspire others to try creative methods to improve access in their jurisdictions.

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