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1992

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Transnational Financial Services--Current Challenges For An Integrated Europe, Gerhard Wegen Jan 1992

Transnational Financial Services--Current Challenges For An Integrated Europe, Gerhard Wegen

Fordham Law Review

In this address, Dr. Wegen focuses on the challenges facing an integrated Europe. Dr. Wegen examines the existing regulatory scheme which governs the EC financial services industry. By discussing possible enlargement of the EC to include easter and central European countries. Dr. Wegen addresses the growing need to develop and expand structural devices, both governmental and informal, to bind the ED. The basis for such a union must be the free movement of goods, capital, services, and persons. Dr. Wegen concludes by stressing that the EC must prepare for global competition, rather than struggle over matters of national pride.


Turkey's New Financial Leasing Law And Industry, Unal Tekinalp Jan 1992

Turkey's New Financial Leasing Law And Industry, Unal Tekinalp

Fordham Law Review

In this Article, Professor Tekinalp describes Turkey's new and rapidly growing financial leasing industry. One of the reasons for this rapid growth is the newly enacted Law Concerning Financial Leasing ("LCFL"). Enacted before a financial leasing industry existed, the LCFL is unique in its heavy regulation of this industry. As a drafter of the LCFL, Professor Tekinalp offers insight into the operation and goals of the statute and provides fertile ground for comparison with other developments in international finance regulation.


An American Reflection On Turkey's Financial Leasing Industry, Carl Felsenfeld Jan 1992

An American Reflection On Turkey's Financial Leasing Industry, Carl Felsenfeld

Fordham Law Review

No abstract provided.


The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg Jan 1992

The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg

Fordham Law Review

Professor Reidenberg addresses the challenge to transnational financial services resulting from national regulation of information processing. National laws around the world seek to define fair information practices for the private sector and contain prohibitions on data transfers to foreign destinations that lack sufficient privacy protection. The effect of these laws for the financial services industry is significant because financial services depend on personal information. Professor Reidenberg argues that the international attempts to harmonize information processing encourage divergence of national standards for financial services. He argues that regulatory flexibility and customization is necessary to support financial sevices and accomodate, without circumventing, …


The Sec's Proposed Regulations Of Foreign Securities Issued In The United States, Harold Schimkat Jan 1992

The Sec's Proposed Regulations Of Foreign Securities Issued In The United States, Harold Schimkat

Fordham Law Review

No abstract provided.


Japanese Securities Regulation: Problems Of Enforcement, Nicole J. Ramsay Jan 1992

Japanese Securities Regulation: Problems Of Enforcement, Nicole J. Ramsay

Fordham Law Review

No abstract provided.


Inside Outside Leave Me Alone: Domestic And Ec-Motivated Reform In The Uk Securities Industry, Patrick M. Creaven Jan 1992

Inside Outside Leave Me Alone: Domestic And Ec-Motivated Reform In The Uk Securities Industry, Patrick M. Creaven

Fordham Law Review

No abstract provided.


Outside Investors: A New Breed Of Insider Traders?, Elyse Diamond Jan 1992

Outside Investors: A New Breed Of Insider Traders?, Elyse Diamond

Fordham Law Review

No abstract provided.


The World Bank And The Imf: At The Forefront Of World Transformation, Kim Reisman Jan 1992

The World Bank And The Imf: At The Forefront Of World Transformation, Kim Reisman

Fordham Law Review

No abstract provided.


Putting Starch In European Efforts To Combat Money Laundering, Scott E. Mortman Jan 1992

Putting Starch In European Efforts To Combat Money Laundering, Scott E. Mortman

Fordham Law Review

No abstract provided.


Putting The Super Back In The Supervision Of International Banking, Post-Bcci, Daniel M. Laifer Jan 1992

Putting The Super Back In The Supervision Of International Banking, Post-Bcci, Daniel M. Laifer

Fordham Law Review

No abstract provided.


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Historical Setting Of Brown And Its Impact On The Supreme Court's Decision, Constance Baker Motley Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Historical Setting Of Brown And Its Impact On The Supreme Court's Decision, Constance Baker Motley

Fordham Law Review

Judge Motley provides an insightful overview of the Brown v. Board of Education decision in an historical context In addition to analyzing several Supreme Court decisions that preceded Brown, Judge Motley focuses on the role of Thurgood Marshall as both a strategist and tactician during this dynamic period in our history. Judge Motley concludes by examining the immediate impact of Brown on the civil rights movement in America.


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Limitless Horizons Of Brown V. Board Of Education, Louis H. Pollack Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Limitless Horizons Of Brown V. Board Of Education, Louis H. Pollack

Fordham Law Review

Judge Pollak discusses the impact of Brown on Supreme Court jurisprudence. He begins by recounting Morgan v. Virginia--a significant Supreme Court decision that foreshadowed the holding of Brown. The remainder of Judge Pollak's speech highlights Brown's impact on, inter alia, First Amendment jurisprudence and international law.


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Other Desegregation Story: Eradicating The Dual School System In Hillborough County, Florida, Drew S. Days, Iii Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Other Desegregation Story: Eradicating The Dual School System In Hillborough County, Florida, Drew S. Days, Iii

Fordham Law Review

Professor Days describes the successful desegregation of the Hillsborough County, Florida school system. The Hillsborough case was originally filed by Thurgood Marshall and Constance Baker Motley and exemplifies the optimal outcome of Brown.


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Overthrow Of Monroe V. Pape: A Chapter In The Legacy Of Thurgood Marshall, Conrad K. Harper Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Overthrow Of Monroe V. Pape: A Chapter In The Legacy Of Thurgood Marshall, Conrad K. Harper

Fordham Law Review

As the first Director-Counsel of the NAACP Legal Defense and Education Fund, otherwise known as the "Inc. Fund," Thurgood Marshall helped establish the Inc Fund's tradition of landmark civil rights litigation. Mr. Harper discusses in this article the role played by the Inc Fund and Justice Marshall in overthrowing Monroe v. Pape and its curtailment of civil rights suits against municipalities. The instrument for change was Harkdess v. Sweeny Independent School District, a suit filed on behalf of seventeen Black schoolteachers who were discriminatorily fired by a Texas school district.


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Milliken V. Bradley: Brown's Troubled Journey North, Nathaniel R. Jones Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Milliken V. Bradley: Brown's Troubled Journey North, Nathaniel R. Jones

Fordham Law Review

Milliken v. Bradley represents the impact that Brown v. Board of Education had on Northern school In this discussion, Judge Jones describes the social changes that led to the Detroit school case and the plaintiffs'path up and down the judicial system to ultimate desegregation of Detroit schools.


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Missouri V. Jenkins: Are We Really A Desgregated Society?, Theodore M. Shaw Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Missouri V. Jenkins: Are We Really A Desgregated Society?, Theodore M. Shaw

Fordham Law Review

The Brown decision bucked a centuries-old tradition of discrimination in America, but that tradition has not been easily overcome. Professor Shaw discusses Missouri v. Jenkins and questions whether society has really changed in its attitude towards segregated schools.


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Panel Ii, Concluding Remarks, Paul R. Dimond Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Panel Ii, Concluding Remarks, Paul R. Dimond

Fordham Law Review

No abstract provided.


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Learning Together: Justice Marshall's Desegregation Opinions, Maria L. Marcus Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Learning Together: Justice Marshall's Desegregation Opinions, Maria L. Marcus

Fordham Law Review

In this Article, Professor Marcus examines the influence of Justice Thurgood Marshall on the Supreme Court's current school desegregation agenda. Justice Marshall was part of the majority in desegregation cases during his earlier years on the high Court subsequently, however, his role became one of dissenter. Professor Marcus analyzes the divisive issues facing the Court in desegregation litigation, Marshall's positions on such issues, and his legacy to the Court in this area. Finally, the Article assesses the vitality of this legacy in light of two Supreme Court decisions issued after Justice Marshall's retirement.


The Political Ecology Of Takeovers: Thoughts On Harmonizing The European Corporate Governance Environment, Ronald J. Gilson Jan 1992

The Political Ecology Of Takeovers: Thoughts On Harmonizing The European Corporate Governance Environment, Ronald J. Gilson

Fordham Law Review

No abstract provided.


Building Upon The Architectural Works Protection Act Of 1990, Vanessa N. Scaglione Jan 1992

Building Upon The Architectural Works Protection Act Of 1990, Vanessa N. Scaglione

Fordham Law Review

No abstract provided.


Partial Satisfaction Under The Ucc, Alysse Kaplan Jan 1992

Partial Satisfaction Under The Ucc, Alysse Kaplan

Fordham Law Review

No abstract provided.


"Who Goes There?" -- Proposing A Model Anti-Mask Act, Stephen J. Simoni Jan 1992

"Who Goes There?" -- Proposing A Model Anti-Mask Act, Stephen J. Simoni

Fordham Law Review

No abstract provided.


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 …


Erisa's Preemption Of State Tax Laws, Kevin Matz Jan 1992

Erisa's Preemption Of State Tax Laws, Kevin Matz

Fordham Law Review

No abstract provided.


The Empire Strikes Back: The Taking Of Joe Doherty, James T. Kelly Jan 1992

The Empire Strikes Back: The Taking Of Joe Doherty, James T. Kelly

Fordham Law Review

In this Article, Mr. Kelly summarizes the eight year diplomatic and legal effort to return Joe Doherty, a member of the Provisional Irish Republican Army, from the United States to the United Kingdom, where he was wanted for his role in the death of a British soldier and for his escape from prison. The Article begins by considering the British-Irish conflict over the partition of Ireland and the political and diplomatic role the United States has played in mediating that conflict. It then recounts the unsuccessful efforts of the United States and the United Kingdom to extradite Doherty, and the …


The Sleeper Wakes: The History And Legacy Of The Twenty-Seventh Amendment Jan 1992

The Sleeper Wakes: The History And Legacy Of The Twenty-Seventh Amendment

Fordham Law Review

No provision of the United States Constitution has a more drawn-out, tortured history than the Twenty-seventh Amendment, which was ratified more than two centuries after Representative James Madison introduced it in the First Congress. In this Article; Professor Bernstein traces the Amendment's origins to the legislative political culture of the late eighteenth century, as influenced by the controversy over ratifying the Constitution. He then examines the perennial controversies over congressional compensation in American historiy elucidating how in the 1980s and 1990s public anger at Congress reached critical mass sufficient to propel the 1789 compensation amendment into the Constitution. Finally, this …


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 …


Derrick Bell's Radical Realism, Tracy E. Higgins Jan 1992

Derrick Bell's Radical Realism, Tracy E. Higgins

Fordham Law Review

No abstract provided.


New Light On The Book Of Daniel From The Dead Sea Scrolls, Gerhard F. Hasel Jan 1992

New Light On The Book Of Daniel From The Dead Sea Scrolls, Gerhard F. Hasel

Faculty Publications

No abstract provided.