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Articles 1 - 30 of 63
Full-Text Articles in Law
The Legal Regulation Of Lawyers' Conflicts Of Interest, Richard A. Epstein
The Legal Regulation Of Lawyers' Conflicts Of Interest, Richard A. Epstein
Fordham Law Review
No abstract provided.
The Constitution And Capital Sentencing: Pursuing Justice And Equality, Scott W. Howe
The Constitution And Capital Sentencing: Pursuing Justice And Equality, Scott W. Howe
Fordham Law Review
Equal Justice and The Death Penalty: A Legal and Empirical Analysis. By David C. Baldus, George Woodworth and Charles Pulaski, Jr. Boston: Northeastern University Press. 1990. Pp. Vii, 689. $65.00
Dedication To Professor Edward Yorio
Dedication To Professor Edward Yorio
Fordham Law Review
The Board of Editors of the Fordham Law Review Dedicates this Issue to the memory of Professor Edward Yorio Professor of Contracts. Edward Yorio graduated from Harvard Law School with honors in 1971 and was appointed to the faculty of Fordham Law School in 1973. In a very short time, he became a dearly valued member of the legal profession and of the Fordham Law School community. To students who had the privilege of taking his Contracts class, he was a dedicated teacher who inspired them with his energy, mind, and ability to teach. Utilizing his keen wit, Professor Yorio …
The Case Against Strict Liability, Alan Schwartz
The Case Against Strict Liability, Alan Schwartz
Fordham Law Review
Professor Schwartz identifies the foundational assumptions of strict products liability law, and argues that these assumptions are either false, not supportive of banishing free contract, or not proven on the current evidence. After showing that, on the evidence now available, strict liability cannot be shown to be more efficient than free contract, Professor Schwartz argues that the choice among legal regimes should be made by a "representative consumer"--a person who knows what is knowable about markets and who knows that he lives in a liberal state, but who does not know what position he will occupy in that state. Professor …
Causal Comparisons, Robert N. Strassfeld
Causal Comparisons, Robert N. Strassfeld
Fordham Law Review
Focusing on the multiple meanings of the statement "A was a more important cause of C than was B," Professor Strassfeld considers the feasibility of comparative causation as a means of apportioning legal responsibility for harms. He concludse that by combining two different interpretations of "more important cause"--judgments of comparative counterfactual similarity and the Uniform Comparative Fault Act approach of comparative responsibility--we can effectively make causal comparisons and avoid the effort to compare such incommensurables as the defendant's fault under a strict liability standard and the plaintiff's failt for failure to exercise reasonable care.
U.S. Restructuring Legislation: Revising The International Banking Act Of 1978, For The Worse?, Cynthia C. Lichtenstein
U.S. Restructuring Legislation: Revising The International Banking Act Of 1978, For The Worse?, Cynthia C. Lichtenstein
Fordham Law Review
The Federal Deposit Insurance Corporation Improvement Act of 1991 contains several sections dealing with the regulation of foreign banks in the United States. In this Article, Professor Lichenstein gives a critical analysis of the new foreign-bank legislation. After arguing that these legislative changes do not adequately address the emerging financial marketplace, Professor Lichtenstein offers a modest proposal for revising the U.S. regulatory structure.
The Compatibility Of The Unictral Model Law On International Credit Transfers With Article 4a Of The Ucc, Carl Felsenfeld
The Compatibility Of The Unictral Model Law On International Credit Transfers With Article 4a Of The Ucc, Carl Felsenfeld
Fordham Law Review
In this Article, Professor Felsenfeld compares the provisions of Article 4A of the Uniform Commercial Code with the Model Law of the United Nations Commission on International Trade Law. Professor Felsenfeld argues that these laws are compatible by contrasting each section of both laws and resolving the differences between them. Professor Felsenfeld concludes that the Model Law is ready for acceptance and adoption in the United States.
Transnational Financial Services--Current Challenges For An Integrated Europe, Gerhard Wegen
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.
The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg
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, …
Increasing United States Investment In Foreign Securities: An Evaluation Of Sec Rule 144a, Vickie Kokkalenios
Increasing United States Investment In Foreign Securities: An Evaluation Of Sec Rule 144a, Vickie Kokkalenios
Fordham Law Review
No abstract provided.
The Modernization Of The French Securities Markets: Making The Eec Connection, Leslie A. Goldman
The Modernization Of The French Securities Markets: Making The Eec Connection, Leslie A. Goldman
Fordham Law Review
No abstract provided.
Outside Investors: A New Breed Of Insider Traders?, Elyse Diamond
Outside Investors: A New Breed Of Insider Traders?, Elyse Diamond
Fordham Law Review
No abstract provided.
Putting The Super Back In The Supervision Of International Banking, Post-Bcci, Daniel M. Laifer
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
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, Public Law Litigation And The Ambiguties Of Brown, Mark Tushnet
Fordham Law Review
Professor Tushnet posits that the Supreme Court's concern for gradually carrying out desegregation in the public schools ironically gave rise to "'public law litigation"---an aggressive form ofjudicial review. Specifically. Professor Tushnet argues that the "all deliberate speed" standard, which separated the right from the remedy, enabled the courts to become a more powerful institution in shaping social policy. Throughout his speech, Professor Tushnet provides insight into the thought processes of the Supreme Court justices at the time of the Brown decision.
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
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.
A Stream Of Legal Consciousness: The Current Of Commerce Doctrine From Swift To Jones & Laughlin, Barry Cushman
A Stream Of Legal Consciousness: The Current Of Commerce Doctrine From Swift To Jones & Laughlin, Barry Cushman
Fordham Law Review
In this article on constitutional development and the New Deal Court. Professor Cushman argues that the conventional story of the Court's radical reversing of its jurisprudence in the face of the Court-packing plan is misconceived. The article instead seeks to demonstrate that Jones & Laughlin, one of the cases comprising the Constitutional Revolution of 1937 was conceptually, stylistically, and doctri- nally congruent with the Court's contemporary jurisprudence. The paradigm shift in commerce clause jurisprudence, Professor Cushman contends, came not in 1937, but in 1941 and 1942, after Roosevelt had had an opportunity to refash- ion the Court with a new …
The Political Ecology Of Takeovers: Thoughts On Harmonizing The European Corporate Governance Environment, Ronald J. Gilson
The Political Ecology Of Takeovers: Thoughts On Harmonizing The European Corporate Governance Environment, Ronald J. Gilson
Fordham Law Review
No abstract provided.
Partial Satisfaction Under The Ucc, Alysse Kaplan
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
"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
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 …
The Last Promissory Estoppel Article, Jay M. Feinman
The Last Promissory Estoppel Article, Jay M. Feinman
Fordham Law Review
In this essay, Professor Feinman argues that the doctrine of promissory estoppel has outlived its usefulness as a theory of contract Professor Feinman relies on an article written by Professors Edward Yorio and Steven Thel as an illustration of the debate over whether promissory estoppel is based upon the enforcement of promises or the protection of reliance. Professor Feinman rejects the conceptual framework upon which this debate is based and ultimately proposes that contract law should move to a relational analysis, ignoring the distinction between promise and reliance and replacing it with an analysis of the obligations involved in a …
Non-Debtor Liability In Chapter 11: Validity Of Third-Party Discharge In Bankruptcy, Peter M. Boyle
Non-Debtor Liability In Chapter 11: Validity Of Third-Party Discharge In Bankruptcy, Peter M. Boyle
Fordham Law Review
No abstract provided.
"Protection" Of Volunteers Under Federal Employment Law: Discouraging Voluntarism, Leda E. Dunn
"Protection" Of Volunteers Under Federal Employment Law: Discouraging Voluntarism, Leda E. Dunn
Fordham Law Review
No abstract provided.
The Sleeper Wakes: The History And Legacy Of The Twenty-Seventh Amendment
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
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
Derrick Bell's Radical Realism, Tracy E. Higgins
Fordham Law Review
No abstract provided.
The Value Of Friendship In Law And Literature, Michael J. Kaufman
The Value Of Friendship In Law And Literature, Michael J. Kaufman
Fordham Law Review
Once thought to be indespensible to a good life, the value of friendship has been swept away by the most recent trends in philosophical, literary, and legal thought. After tracing the subtle decline in the value of friendship, this Article employs these very trends to redefine and resurrect that value, particularly within American law. A good work of art is one which elevates its own art-form by successfully channeling the anxiety of influence created by competing art forms. A good judicial opinion, therefore, is one which elevates the art of judging above strong competing arts such as philosophy and literature. …
Toxic Reproductive And Genetic Hazards In The Workplace: Challenging The Myths Of The Tort And Workers' Compensation Systems, Jean Macchiaroli Eggen
Toxic Reproductive And Genetic Hazards In The Workplace: Challenging The Myths Of The Tort And Workers' Compensation Systems, Jean Macchiaroli Eggen
Fordham Law Review
In this Article, Professor Eggen discusses how various scientific studies suggest a causal connection between workers' reproductive and genetic injuries and their exposure to toxins in the workplace. Because of conflicts between scientific and legal causation standards, workers and affected family members often cannot prove a sufficient causal connection between toxic exposure and ensuing injury to recover under existing workers' compensation and tort laws. Thus, Professor Eggen proposes several specific reforms to both the workers' compensatoin and tort law systems to improve the availability of these relief mechanisms for toxic exposure victims.