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Full-Text Articles in Law
Role Of Technology In Communication, Stephen A. Weiswasser
Role Of Technology In Communication, Stephen A. Weiswasser
Fordham International Law Journal
Speech given at Session 2: World Communication: Where is Technology Leading Us? Mr. Weiswasser about the role of technology in communications from the perspective of somebody who is in the entertainment and information business, what he called the content business--meaning television programs.
Global Finance And Markets: What Is Next, Steven M.H. Wallman
Global Finance And Markets: What Is Next, Steven M.H. Wallman
Fordham International Law Journal
Speech given at Session 1: The Global Capital Market: What's Next. Mr. Wallman spoke about the issue of globalization and how it raises a series of questions as to the direction of our markets over the long term. In addition, he noted that we tend to separate securities issues from banking or other financial services issues too frequently. He also elaborated on the points made earlier about the convergence--both geographic and product-wise--of financial services.
Perspectives On Global Capital Markets, Paul A. Volcker
Perspectives On Global Capital Markets, Paul A. Volcker
Fordham International Law Journal
Paul A. Volcker's opening remarks for "The Global Capital Market: What's Next?" Mr. Vocker introduces a discussion on globalization and whether the changes that globalization has made in economic policy will have long-term viability.
Session 1: The Global Capital Market: What's Next: Questions And Answers Moderated By Meredith Brown, Richard A. Grasso
Session 1: The Global Capital Market: What's Next: Questions And Answers Moderated By Meredith Brown, Richard A. Grasso
Fordham International Law Journal
No abstract provided.
The Effects Of Telecommunications On Business, Richard Susskind
The Effects Of Telecommunications On Business, Richard Susskind
Fordham International Law Journal
Speech given at Session 2: World Communication: Where is Technology Leading Us? In many ways it does not make much sense if, say, you are setting up a business to go to one source for your legal guidance, another source for your accounting guidance, and another source for your financial advice. It will all come together, and lawyers may indeed be the people who bring that together into multidisciplinary services, bringing together the information that people require in their real-world circumstances. We will no longer package or present our guidance in the traditional legal categories, but we will aim them …
Policy And Politics Behind Intellectual Property Laws, Peter Banki
Policy And Politics Behind Intellectual Property Laws, Peter Banki
Fordham International Law Journal
Speech given at Session 2: World Communication: Where is Technology Leading Us? Is it technology? Is it economics? Is it content? Mr. Banki furthered the debate by adding that some people think it's the law. He mapped out some of the legal problems, mostly in the intellectual property laws. He also noted that some of the things which were talked about at the conference give rise to legal issues.
Convergence Of Global Financial Services, Michael E. Patterson
Convergence Of Global Financial Services, Michael E. Patterson
Fordham International Law Journal
Speech given at Session 1: The Global Capital Market: What's Next. Michael Patterson spoke on aspects of the global financial markets that are common to Japan and the United States including the converging roles of traditionally distinct kinds of institutions participating in such markets; the impact of that convergence on legal and regulatory structures, particularly in the United States; and finally, the challenges of such global convergence for the supervision of global financial institutions.
Challenges Facing Resource Development: Implications For Lawyers, Constance Hunt
Challenges Facing Resource Development: Implications For Lawyers, Constance Hunt
Fordham International Law Journal
Speech given at Session 3: Challenge Facing Resource Development. Our topic is the impact of globalization of resource development, with particular emphasis on trans-boundary ventures. For the purpose of my remarks, she took it as a given that we will see a continuation of the trends of the past decade or so. She focused on what these trends are likely to mean for lawyers who work in the area of resource development, whether as corporate solicitors or as private practitioners who advise resource companies.
Globalization Of Human Rights Law, Jerome J. Shestack
Globalization Of Human Rights Law, Jerome J. Shestack
Fordham International Law Journal
Speech given at Session 4: The Legal Profession and Human Rights. Jerome Shestack explains what is intended by “globalization” of human rights. The term embraces more than the standards themselves and includes the process by which human rights implementation takes place on a global level, the range of those who advocate international human rights, the potential for a meaningful international human rights judicial system, and the role of human rights in the calculus of international relations. He article touches on all of these areas.
The United Nations And The Legal Community In Promotion Of Human Rights, Hans Corell
The United Nations And The Legal Community In Promotion Of Human Rights, Hans Corell
Fordham International Law Journal
Speech given at Session 4: The Legal Profession and Human Rights. The idea of promoting and protecting human rights is much older than the United Nations. However, it is fair to say that the fact that this topic is now high on the agenda all over the world is due to the efforts made by the world organization.
International Human Rights And Sovereignty Of States: Role And Responsibility Of Lawyers, Fali Nariman
International Human Rights And Sovereignty Of States: Role And Responsibility Of Lawyers, Fali Nariman
Fordham International Law Journal
Speech given at Session 4: The Legal Profession and Human Rights. Fali Nariman discusses the history of lawyers in the context of past fifty year history of international human rights.
Session 4: The Legal Profession And Human Right: Questions And Answers Moderated By Desmond Fernando, Hans Corell, Fali Nariman, Jerome J. Shestack, Louise Arbour
Session 4: The Legal Profession And Human Right: Questions And Answers Moderated By Desmond Fernando, Hans Corell, Fali Nariman, Jerome J. Shestack, Louise Arbour
Fordham International Law Journal
No abstract provided.
Britain And Europe: Post Blair's Election And Pre-Single Currency, Roy Jenkins
Britain And Europe: Post Blair's Election And Pre-Single Currency, Roy Jenkins
Fordham International Law Journal
This Essay traces the history of Britain's relations with the European Community, now the European Union. It concludes that the Single Currency is key to all future activities of the European Union, as well as to Tony Blair's ability to escape from the 'mishandling of Europe' curse which has bedeviled so many British premierships.
Air Transport And Ec Competition Law, Lars Gorton
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.
The Millenium Approaches: Rethinking Article 85 And The Problems And Challenges In The Design And Enforcement Of The Ec Competition Rules, Mario Siragusa
The Millenium Approaches: Rethinking Article 85 And The Problems And Challenges In The Design And Enforcement Of The Ec Competition Rules, Mario Siragusa
Fordham International Law Journal
This Essay contributes to the discussion of competition law reforms, both at the level of the European institutions and within the Member States of the European Union, by considering the scope for altering the economic evaluation performed in the context of Article 85 of the EC Treaty. The Essay first describes, and accounts for, the European Commission's current interpretation of Article 85. The Essay then presents a number of criticisms of that interpretation and assesses possible changes to the present system of European competition enforcement. Finally, examples are given from the case law of the Court of Justice and the …
Federalism: Essential Concepts In Evolution - The Case Of The European Union, Koen Lenaerts
Federalism: Essential Concepts In Evolution - The Case Of The European Union, Koen Lenaerts
Fordham International Law Journal
This Article aims to examine the instrumental aspects of the European Union structure in order to elucidate the degree of federalism that it contains. The analysis considers: the status of the central authority; the constitutional embedding of the division of powers between the central authority and the component entities; the existence of mechanisms to preserve the identity of the component entities; the foundation of the constitutional order on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law; and the enforceability of the constitution.
Encrypted Digital Cash Transfers: Why Traditional Money Laundering Controls May Fail Without Uniform Cryptography Regulations, Christopher D. Hoffman
Encrypted Digital Cash Transfers: Why Traditional Money Laundering Controls May Fail Without Uniform Cryptography Regulations, Christopher D. Hoffman
Fordham International Law Journal
This Note argues that key escrow represents a solution to the problem of digital money laundering. In addition, this Note argues that the European Commission has wrongly concluded that key escrow should develop as a product of market forces rather than aggressive legislation, and should align its policy with the United States, France, and Great Britain to develop a joint network of key escrow authorities. Part I of this Note explains the operation of digital payment systems, digital money, and cryptography. Part I also sets forth existing legal safeguards against money laundering. Part II outlines the key escrow policies of …
Paving The Way For Bulgaria's Accession To The European Union, Stanimir Alexandrov, Latchezar Petkov
Paving The Way For Bulgaria's Accession To The European Union, Stanimir Alexandrov, Latchezar Petkov
Fordham International Law Journal
This Essay is about Bulgaria's accession to the European Union. Bulgaria seeks closer ties with, and ultimately full membership in the European Union. Economic relations between Bulgaria and the European Union have developed positively. Bulgaria presented its application for membership in 1995. Full membership is a priority for Bulgaria. Bulgaria's accession to the European Union is a matter of time.
Protecting Baywatch And Wagamama: Why The European Union Should Revise The 1989 Trademark Directive To Mandate Dilution Protection For Trademarks, William T. Vuk
Fordham International Law Journal
This Note argues that the European Union must harmonize the protection afforded trademarks against dilution, and that the European Union should adopt legislation similar to the U.S. Federal Trademark Dilution Act of 1995. Part I discusses pertinent aspects of US and EU trademark law. Part I also describes the dilution doctrine and reviews the US and EU approaches to dilution. Part II presents the debate on whether to provide trademarks protection from dilution. Part III argues that the European Union should adopt a dilution statute similar to the Lanham Act's dilution provision because dilution protection is necessary to fully protect …
Cabotage And The European Community Common Maritime Policy: Moving Towards Free Provision Of Services In Maritime Transport, Rossina Petrova
Cabotage And The European Community Common Maritime Policy: Moving Towards Free Provision Of Services In Maritime Transport, Rossina Petrova
Fordham International Law Journal
This Comment argues that by adopting a two-stage common maritime policy, with a gradual liberalization of cabotage, the European Community took the right course of action in view of the prevailing internal and international conditions of the maritime market. Part I defines the basic concepts concerning the maritime industry and policy. Part I also presents the legal framework within which the European Community adopts measures on maritime policy. Part II discusses the 1986 Legislative Package, marking the first stage in the development of the Community common maritime policy. Part II then reviews the provisions and impact of Regulation 3577/92 which …
Developing Cross-Border Practice Rules: Challenges And Opportunities For Legal Education, Louis F. Del Duca, Vanessa P. Sciarra
Developing Cross-Border Practice Rules: Challenges And Opportunities For Legal Education, Louis F. Del Duca, Vanessa P. Sciarra
Fordham International Law Journal
This Essay first discusses differences in the process used by the European Community (“EC”) and North American Free Trade Agreement (“NAFTA”) in developing cross-border practice rules. This is followed by discussions of the developing NAFTA rules and resulting challenges and opportunities for legal education.
The Ethical Implications Of The Globalization Of The Legal Profession: A Challenge To The Teaching Of Professional Responsibility In The Twenty-First Century, Mary C. Daly
Fordham International Law Journal
This Article accepts globalization as a defining characteristic of the world order of the late twentieth and the early twenty-first centuries and as a force majeure on the legal profession. It challenges the professional responsibility academy to explore the incipient structural transformations that are taking place on a macro level and to reconfigure the classic curriculum to acknowledge the ethical implications of the globalization of the legal profession.
Giuliano Amato, Antitrust And The Bounds Of Power, Barry E. Hawk
Giuliano Amato, Antitrust And The Bounds Of Power, Barry E. Hawk
Fordham International Law Journal
Barry E. Hawk reviews Giuliano Amato, Antitrust and the Bounds of Power. This Book Review states that Professor Giuliano Amato has successfully written a refreshing and insightful book on antitrust policy after more than a century of US debate and almost half a century of European debate. In his highly enlightening opus on Antitrust and the Bounds of Power, Professor Amato writes from the Olympian heights as the former head of the well respected Italian Antitrust Authority, a former Prime Minister of Italy, and a present professor at the European University Institute in Florence. The book places antitrust law in …
Media, Multimedia, And European Community Antitrust Law, John Temple Lang
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 …
Invoking The U.S. Attorney-Client Privilege: Japanese Corporate Quasi-Lawyers Deserve Protection In U.S. Courts Too, Jason Marin
Invoking The U.S. Attorney-Client Privilege: Japanese Corporate Quasi-Lawyers Deserve Protection In U.S. Courts Too, Jason Marin
Fordham International Law Journal
This Note discusses whether the attorney-client privilege applies to Japanese in-house legal personnel who are not members of any country's bar. Part I defines the attorney-client privilege, and explains what communications the privilege protects. Part I also compares the legal systems of Japan and the United States. Part II examines case law and commentary on the issue of applying the privilege to non-US attorneys who are not admitted to any bar. Part III argues that the arguments for applying the attorney-client privilege to non-US, non-bar in-house legal personnel are particularly effective considering the structure of the Japanese legal system. This …
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
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, …
Assessing The Modern Era Of International Trade, Raj Bhala
Assessing The Modern Era Of International Trade, Raj Bhala
Fordham International Law Journal
This Book Review surveys The Post-Cold War Trading System by Sylvia Ostry. Part I explains the features of international trade law and policy the book highlights, and the perspectives offered by the book about those features. Part II of this review critically analyzes the book. It identifies the issues not addressed, and the arguments not made. Part II thereby imparts to the prospective reader a sense of what must be learned from other sources on international trade law and policy. Part III offers a brief concluding observation about the future direction of international trade scholarship.
The Transformative Potential Of A Secondary Market: Emerging Markets Debt Trading From 1983 To 1989, Ross P. Buckley
The Transformative Potential Of A Secondary Market: Emerging Markets Debt Trading From 1983 To 1989, Ross P. Buckley
Fordham International Law Journal
This Article chronicles the evolution of the secondary market in the debt of less developed countries, now known as Emerging Markets, in its first six years of development. The secondary market was important because it provided the debt for use in debt-equity swaps and debt buy-backs and facilitated portfolio adjustment by banks and other measures that helped to lessen the burdens of the crisis on creditors and debtors. The Article goes through the chronology of the development of the Emerging Markets, emphasizing the key events and factors contributing to its development and the evolving characteristics of the market.
The Status Of The Federal Republic Of Yugoslavia In The United Nations, Vladislav Jovanovic
The Status Of The Federal Republic Of Yugoslavia In The United Nations, Vladislav Jovanovic
Fordham International Law Journal
The status and position of the Federal Republic of Yugoslavia (“FRY”) in the United Nations (“UN”) is a controversial issue which has elicited many comments and articles and has cast a long shadow on the legality of the measures taken by the General Assembly (“GA”) and the Security Council (“SC”) vis-a-vis Yugoslavia. In 1992, the SC and the GA both decided that the FRY, composed of Serbia and Montenegro, could not participate in the work of the GA and its bodies. The GA further extended the prohibition against Yugoslavian participation to the Economic and Social Council and its bodies. Throughout …
International Banking Activities: The Role Of The Federal Reserve Bank In Domestic Capital Markets, Susan M. Phillips, Alan N. Rechtschaffen
International Banking Activities: The Role Of The Federal Reserve Bank In Domestic Capital Markets, Susan M. Phillips, Alan N. Rechtschaffen
Fordham International Law Journal
In synthesizing harmonious regulation with market sensitive monetary policies, regulators and central bankers can maintain global confidence and minimize systemic failure. The improvements in communications and transportation, the gains from technology and the miniaturization of the goods the world produces have fueled a growing volume of international trade. Financial institutions, in turn, have sought constantly to find more effective and efficient ways to facilitate and finance these activities, and at the same time manage the related risks. There are two clear areas of common interest which may serve as a guideline for central bankers, bank supervisors, and regulators developing compatible …