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1997

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Social And Business Objectives Of Telecommunications Policy, Bjorn Wellenius Jan 1997

Social And Business Objectives Of Telecommunications Policy, Bjorn Wellenius

Fordham International Law Journal

Speech given at Session 2: World Communication: Where is Technology Leading Us? Mr. Wellenius focused on the social objectives of telecommunications policy and how these objectives fare in a privately led, increasingly competitive business environment.The social and business objectives of telecommunications policy largely coincide. Gaps, however, are likely to remain in meeting social objectives. Closing these gaps costs rather little, much less in fact than had been assumed in the past. Small subsidies go a long way if they are allocated using market mechanisms.


United States V. Mcdougald: The Anathema To 18 U.S.C § 1956 And National Efforts Against Money Laundering, Mathew Paulose Jr. Jan 1997

United States V. Mcdougald: The Anathema To 18 U.S.C § 1956 And National Efforts Against Money Laundering, Mathew Paulose Jr.

Fordham International Law Journal

This Comment argues that the Sixth Circuit should overrule McDougald. Part I discusses the purpose, process, and problems of the crime generally known as money laundering. Part I also discusses national efforts against money laundering, and in particular, the United States' efforts through Section 1956 of the Money Laundering Control Act. Part I concludes by discussing the Salinas-Citibank Affair and the probable prosecution of Citibank for money laundering violations. Part II reviews the Sixth Circuit's line of cases leading up to and including the McDougald decision. Part II also contrasts McDougald by reviewing the decisions of the United States …


Air Transport And Ec Competition Law, Lars Gorton Jan 1997

Air Transport And Ec Competition Law, Lars Gorton

Fordham International Law Journal

This Essay is about air transport and EC competition Law. The air transport industry has, in many countries, developed as a mixture of public utility and commercial venture. With the deregulation of the airline market, the EC Commission has also, to an increasing extent, become involved in the competition aspects of the airline industry. Part I deals with the transportation industry. Part II discusses liberalization within the EC. Finally, Part III deals with competition rules.


Trade And Competition In The Transatlantic Area, Hugo Paemen Jan 1997

Trade And Competition In The Transatlantic Area, Hugo Paemen

Fordham International Law Journal

This Essay looks at the interplay of market opening, competition, and regulation in the air transport, telecom, and financial services areas, which are particularly relevant to the transatlantic relationship between the U.S. and Europe.


The Adequacy Standard Under Directive 95/46/Ec: Does U.S. Data Protection Meet This Standard?, Patrick J. Murray Jan 1997

The Adequacy Standard Under Directive 95/46/Ec: Does U.S. Data Protection Meet This Standard?, Patrick J. Murray

Fordham International Law Journal

This Comment addresses how the US protection of personal data will fare when judged against the adequacy standard of the Directive. Part I explains what data protection is and traces the development of data protection law in Europe and the United States. It then analyzes the current approaches to data protection in both the Community and the United States. Part II discusses different approaches to assessing adequacy. It proposes that the Article 29 Working Party presents the only clear explanation of how to assess when a third country ensures adequate protection of personal data. Part II then describes the Working …


Media, Multimedia, And European Community Antitrust Law, John Temple Lang Jan 1997

Media, Multimedia, And European Community Antitrust Law, John Temple Lang

Fordham International Law Journal

This Article discusses the main European Community (“EC”) antitrust law issues that have arisen in the media industries or which are especially relevant to media. Part I discusses general principles and directives that influence multimedia law. Part II examines the relevant markets which relate to multimedia. Part III reviews evidence of dominance within multimedia. Part IV discusses the impact multimedia has had upon broadcasting sports events within the European Union (“EU”). Part IV also considers film catalogues and performing rights societies. Part V explores mergers within the media sector. Part VI discusses conditional access systems. Finally, the Article concludes that …


Patients' Rights To Access Their Medical Records: An Argument For Uniform Recognition Of A Right Of Access In The United States And Australia, Hayley Rosenman Jan 1997

Patients' Rights To Access Their Medical Records: An Argument For Uniform Recognition Of A Right Of Access In The United States And Australia, Hayley Rosenman

Fordham International Law Journal

This Note addresses the issue of a patient's right to access her own medical records in the United States and Australia. Part I discusses the background of a right of patient access to medical records through case law in the United States. Part I gives a historical perspective on US and Australian legislation regarding access to medical records. Part II reviews commentary both for and against access in the United States and in Australia. Part II focuses on legal arguments from the recent decision concerning patient access to medical records by the Australian courts in Breen v. Williams. Further, …