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Articles 31 - 60 of 127
Full-Text Articles in Law
Appellate Jurisdiction For Civil Forfeiture: The Case For The Continuation Of Jurisdiction Beyond The Release Of The Res, Paul S. Grossman
Appellate Jurisdiction For Civil Forfeiture: The Case For The Continuation Of Jurisdiction Beyond The Release Of The Res, Paul S. Grossman
Fordham Law Review
No abstract provided.
John Calamari--A Tribute, Joseph M. Perillo
Trial Lawyers And Arco: Jurisprudentially Inconsistent Approaches To Per Se Illegality , Michael Malina
Trial Lawyers And Arco: Jurisprudentially Inconsistent Approaches To Per Se Illegality , Michael Malina
Fordham Law Review
Annual Antitrust Reviews have been presented at the Association of the Bar of the City of New York since 1948, when Progessor Milton Handler instituted the series. The 1990 Review was presented on November 14, 1990, and the following articles are based on those presentations.
Functional Discounts After Texaco V. Hasbrouck, Richard M. Steuer
Functional Discounts After Texaco V. Hasbrouck, Richard M. Steuer
Fordham Law Review
No abstract provided.
Estimating Aggregate Damages In Class-Action Litigation Under Rule 10b-5 For Purposes Of Settlement, Jon Koslow
Estimating Aggregate Damages In Class-Action Litigation Under Rule 10b-5 For Purposes Of Settlement, Jon Koslow
Fordham Law Review
No abstract provided.
Deregulation: Invitation To Disaster In The S&L Industry, Fred E. Case
Deregulation: Invitation To Disaster In The S&L Industry, Fred E. Case
Fordham Law Review
This speech was given by Professor Case as part of the Annual Financial Institutions and Regulation Symposium at the Fordham School of Law.
A State's Response To The United States Tresury Department Proposals To Modernize The Nation's Banking System, Jill M. Considine
A State's Response To The United States Tresury Department Proposals To Modernize The Nation's Banking System, Jill M. Considine
Fordham Law Review
This speech was given by Superintendent Considine as part of the annual Financial Institutions and Regulation Symposium at the Fordham University School of Law.
Too Many Consonants And Not Enough Consonance: The Development Of The S&L Regulatory Framework, Lucia J. Mandarino
Too Many Consonants And Not Enough Consonance: The Development Of The S&L Regulatory Framework, Lucia J. Mandarino
Fordham Law Review
No abstract provided.
Playing With Firrea, Not Getting Burned: Statutory Overview Of The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Anthony C. Providenti, Jr.
Playing With Firrea, Not Getting Burned: Statutory Overview Of The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Anthony C. Providenti, Jr.
Fordham Law Review
No abstract provided.
The Office Of Thrift Supervision, Robert Cooper
The Office Of Thrift Supervision, Robert Cooper
Fordham Law Review
No abstract provided.
The Fdic's Enhanced Powers Over Savings Assocations: Does Firrea Make It "Saif"?, Ann M. Taylor
The Fdic's Enhanced Powers Over Savings Assocations: Does Firrea Make It "Saif"?, Ann M. Taylor
Fordham Law Review
No abstract provided.
Lawyering And The Public Interest In The 1990s, Harold A. Mcdougall
Lawyering And The Public Interest In The 1990s, Harold A. Mcdougall
Fordham Law Review
No abstract provided.
Professional Discipline In 2050: A Look Back , Ted Schneyer
Professional Discipline In 2050: A Look Back , Ted Schneyer
Fordham Law Review
This piece was originally commissioned by the American Bar Association Center for Professional Responsibility. Along with two companion pieces reflecting varying perspectives on the same subject, it was presented as part of the Seventeenth Annual Conference on Professional Responsibility, presented at Scottsdale, Arizona June 6-9, 1991. It appears here with the permission of the American Bar Association.
Fairness Opinions And Negligent Misrepresentation: Defining Investment Bankers' Duty To Third-Party Shareholders, Michael W. Martin
Fairness Opinions And Negligent Misrepresentation: Defining Investment Bankers' Duty To Third-Party Shareholders, Michael W. Martin
Fordham Law Review
No abstract provided.
Waiver Of The Criminal Defendant's Right To Testify: Constitutional Implications, Reed Harvey
Waiver Of The Criminal Defendant's Right To Testify: Constitutional Implications, Reed Harvey
Fordham Law Review
No abstract provided.
The Uses And Abuses Of Incumbency: People V. Ohrenstein And The Limits Of Inherent Legislative Power, James A. Gardner
The Uses And Abuses Of Incumbency: People V. Ohrenstein And The Limits Of Inherent Legislative Power, James A. Gardner
Fordham Law Review
No abstract provided.
Double Jeopardy, Complex Crimes And Grady V. Corbin, Tat Man J. So
Double Jeopardy, Complex Crimes And Grady V. Corbin, Tat Man J. So
Fordham Law Review
No abstract provided.
The New Role Of Coercion In Antitrust, Jean Wegmen Burns
The New Role Of Coercion In Antitrust, Jean Wegmen Burns
Fordham Law Review
With the ascendancy of the economic efficiency approach and its emphasis on competitive prices and output, coercrion--the use of force or threat; to copel another to act against one's will--seemingly no longer has a role to play in antitrust analysis. Professor Burns argues that coercion is indeed still relevant in antitrust analysis, though its role has changed from the central character it once played in the early antitrust cases. After analyzing the evolving role of coercion, Professor Burns concludes that the concept is still useful in vertical restraints and tie-ins distinguishing between efficient restraints and inefficient ones and in evaluating …
Cottage Savings Association V. Commissioner: Refining The Concept Of Realization, Loren D. Prescott Jr.
Cottage Savings Association V. Commissioner: Refining The Concept Of Realization, Loren D. Prescott Jr.
Fordham Law Review
Professor Prescott offers an indepth analysis of the Supreme Court's recent endorsement of the 'materially different' standard--the exchange of property for other property differing materially either in kind or in extent--as a measure for realizing income. After discussing the Court's endorsement, Professor Prescott discusses possible applications of the 'legal entitlements' test for evaluating 'material differences' to various property exchange transactions, and concludes that such application may alter the tax treatment of many traditionally tax-free transactions.
Rule 11: Where We Are And Where We Are Going, Georgene M. Vairo
Rule 11: Where We Are And Where We Are Going, Georgene M. Vairo
Fordham Law Review
Professor Vairo discusses the compelling need to amend Federal Rule of Civil Procedure 11. She demonstrates that the rule is being used to limit advocacy in the federal courts, particularly in civil rights, employment discrimination, and other types of "disfavored" caes, and that it is creating wasteful satellite litigation. Lastly, she argues that three recent Supreme Court cases indicate that the Court is unwilling to address the problems caused by Rule 11. Professor Vairo thus advocates that the Federal Rules' Advisory Committee revise the rule by adopting the approach of the Bench-Bar Proposal.
Law In The 21st Century, Monroe Freedman
Life After Feist: Facts, The First Amendment, And The Copyright Status Of Automated Databases, Philip H. Miller
Life After Feist: Facts, The First Amendment, And The Copyright Status Of Automated Databases, Philip H. Miller
Fordham Law Review
No abstract provided.
The Condominia Of Morgan: A Family Of Bankers And A Family Of Banks, Michael P. Malloy
The Condominia Of Morgan: A Family Of Bankers And A Family Of Banks, Michael P. Malloy
Fordham Law Review
The House of Morgan, By R. Chernow. Atlantic Monthly Press, 1990. Pp. 812. $14.95
Francovich And Bonifaci V. Italy: Eec Member State Liability For Failure To Implement Community Directives, James E. Hanft
Francovich And Bonifaci V. Italy: Eec Member State Liability For Failure To Implement Community Directives, James E. Hanft
Fordham International Law Journal
This Comment argues that the Francovich judgment logically proceeds from the Treaty and general principles of Community law. Part I discusses the state of Community law prior to the Francovich decision. Part II examines the factual background of the decision, the judgment of the Court, and the opinion of Advocate General Mischo. Part III argues that the principle of liability in damages for a breach of Community law is a logical extension of the Treaty and the Court of Justice caselaw. This Comment concludes that private law remedies or their equivalent must be made available for breaches of Community law …
Valentine Korah, An Introductory Guide To Eec Competition Law And Practice, Joseph P. Griffin
Valentine Korah, An Introductory Guide To Eec Competition Law And Practice, Joseph P. Griffin
Fordham International Law Journal
The Fourth Edition of Professor Valentine Korah's Introductory Guide to EEC Competition Law and Practice (the "Guide") continues her tradition of concise, insightful, and very useful publications. Since it was first published in 1978, this book and its companion Monographs on group exemptions have gained a reputation for being invaluable guides for the beginner as well as a useful starting place for the experienced practitioner. The Guide explains European Economic Community ("EEC") competition rules critically, in the light of the Community objectives they are intended to achieve. The underlying policies and economic theories are also explored.
Immigration And Naturalization Service V. Elias-Zacarias: A Departure From The Past, Bret I. Parker
Immigration And Naturalization Service V. Elias-Zacarias: A Departure From The Past, Bret I. Parker
Fordham International Law Journal
This Comment argues that the standards enunciated by the Supreme Court in Elias-Zacarias should not be applied beyond cases involving persecution on account of political opinion. Part I sets out the relevant statutes, treaties, and international documents that control U.S. asylum law. Part II describes the majority and dissenting opinions in Elias-Zacarias. Part III analyzes the Supreme Court's decision in Elias-Zacarias and argues that the decision was misguided in its approach. This Comment concludes that Elias-Zacarias should be limited in its future application so that the United States can maintain its compliance with international treaty obligations.
1992: High Time For American Lawyers To Learn From Europe, Or Roscoe Pound's 1906 Address Revisited, James R. Maxeiner
1992: High Time For American Lawyers To Learn From Europe, Or Roscoe Pound's 1906 Address Revisited, James R. Maxeiner
Fordham International Law Journal
Events in Europe are impelling Americans to give European civil law systems more attention. While commercial considerations are providing the catalyst, better U.S. law could be a by-product. Americans familiar with European systems will recognize, as Pound did, the extent to which the causes for dissatisfaction with the administration of justice in the United States lie in our peculiar legal system. With knowledge of civil law systems, we could work better for the future that Pound sought, one where our courts will be "swift and certain agents of justice" and the "sporting theory of justice" will be just a memory.
The Right To Be Heard In Eec Competition Procedures, Julian M. Joshua
The Right To Be Heard In Eec Competition Procedures, Julian M. Joshua
Fordham International Law Journal
This Article examines the procedure under the European Community’s Regulation No. 17 and compares it with the concept of a fair hearing as it exists in English and U.S. administrative law. Far from supporting the premise that the Commission's proceedings are fundamentally flawed and unfair, a proper comparison shows that they are fully in accordance with the common law desiderata for a fair procedure. In many respects they not only meet, but also exceed, the common law standard. In the process, this Article will correct some of the more egregious misstatements which have been made regarding the alleged “unfairness” of …
International Art Theft Disputes: Harmonizing Common Law Principles With Article 7(B) Of The Unesco Convention, Maritza F. Bolaño
International Art Theft Disputes: Harmonizing Common Law Principles With Article 7(B) Of The Unesco Convention, Maritza F. Bolaño
Fordham International Law Journal
This Note argues that U.S. courts should adopt a uniform approach in assessing litigants' conduct to adjudicate art theft disputes. Part I discusses the history of the UNESCO Convention and the Convention on Cultural Property Implementation Act (the "CPIA" or "Implementation Act") and sets forth article 7(b) of the Convention which bans the import of stolen cultural property. Part II highlights the uncertainty in U.S. state and federal courts' application of common law principles to controversies concerning title to stolen art. Part III advocates the application of uniform standards in the adjudication of art theft disputes and the reconciliation of …
The Role Of Consent And Consumer Protection In Reconciling Articles 30 And 36 In Hag I And Hag Ii, Anna Lo Monaco
The Role Of Consent And Consumer Protection In Reconciling Articles 30 And 36 In Hag I And Hag Ii, Anna Lo Monaco
Fordham International Law Journal
This Article explores the S.A. CNL-Sucal NV v. Hag GF AG (“Hag II”) judgment of October 17, 1990, of the Court of Justice of the European Communities and how the decision offers an opportunity to elaborate on the role of consent in reconciling the principle of the free movement of goods with the existence of national intellectual property rights in European Community law.