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Full-Text Articles in Law
The Varieties Of Investment Management Law, Harvey Bines, Steve Thel
The Varieties Of Investment Management Law, Harvey Bines, Steve Thel
Fordham Journal of Corporate & Financial Law
The duty of prudence enunciated by the Supreme Judicial Court of Massachusetts in 1830 in Amory v. Harvard College has come to stand as a talisman for the duties of investment managers. However, the variety of arrangements that are now used to manage other people’s money could not have been foreseen in 1830. Investment management is now subject to a collection of largely self-contained statutory and common-law systems. Although related in principle, they differ extensively in the investment management activities they affect and in the specific obligations they impose. Now seldom does a single statutory or common- law system cover …
The Nirvana Fallacy In Law Firm Regulation Debate, Elizabeth Chambliss
The Nirvana Fallacy In Law Firm Regulation Debate, Elizabeth Chambliss
Fordham Urban Law Journal
This Article addresses self-regulation in the legal industry. Lawyers have traditionally resisted the benefits of bureaucratic management. This Article highlights that many lawyers fear that centralized management controls with regard to regulation will undermine individual accountability. This article does not agree with that sentiment. This article uses data to suggest that centralized management, i.e. specialists in charge, may significantly improve individual accountability and compliance with professional rules. This article really reviews what it feels like are misconstrued assumptions about regulation at law firms. This Article argues that the nostalgia for an idealized collegial form has prevented legal scholars and regulators …
The Professionalization Of Ethics, Margaret Raymond
The Professionalization Of Ethics, Margaret Raymond
Fordham Urban Law Journal
This Article looks at the importance of teaching law graduates to be ethical lawyers. The author hypothesizes that the current versions of the ethical rules and the structure of law firms have the potential to encourage the professionalization of ethics rather than connecting all practitioners to the values of professional responsibility. This Article sets out the factors that contribute to the increased professionalization of professional responsibility in large law firms. These factors are the need for lawyers to always be accessible, the pressure to specialize in a specific field, and the complexity of the ethics rules as written. The author …
Profits And Professionalism, Deborah Rhode
Profits And Professionalism, Deborah Rhode
Fordham Urban Law Journal
This Article looks at the financial effect of ethics work. The author examines to what effect and under what circumstances “ethics pays,” and what can be done to increase the rate of return. The article studies this issue in three different contexts. First, it looks at workplace cultures and professional values. The author tries to find how the legal professional can create more organizational structures in which adhering to principles serves prudential interests. The second context is pro bono work. Here, the author looks at the pro bono benefits to, the lawyer, and legal employer, as well as the costs …
Why We Bother: A Primer In How Activism Enhances Returns, Jon Lukomnik
Why We Bother: A Primer In How Activism Enhances Returns, Jon Lukomnik
Fordham Journal of Corporate & Financial Law
No abstract provided.
Strategic Management Of Intangible Assets – A Manager’S Overview, Edward E. Frankel, William J. Murphy, Iii, R. Drew Ogden
Strategic Management Of Intangible Assets – A Manager’S Overview, Edward E. Frankel, William J. Murphy, Iii, R. Drew Ogden
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Tender Offer Defensive Tactics-Federal Regulation Of Management's Prerogative , James P. Walker
Tender Offer Defensive Tactics-Federal Regulation Of Management's Prerogative , James P. Walker
Fordham Urban Law Journal
Management of a corporation has a general duty to determine whether a tender offer is in the best interest of the corporation and its shareholders. When management uses defensive tactics to respond to a tender offer, they are not acting in the best interests of the shareholders, because their actions are misleading. Shareholders seeking to attack the use of defensive tactics during a tender offer may proceed under state corporations laws, or federal securities laws. Under state law, the judiciary typically scrutinizes management activity under the business judgment rule, limiting scrutiny to situations where management decision are influenced by personal …
Vacant Land Management: A Challenge To New York City, Roger Starr
Vacant Land Management: A Challenge To New York City, Roger Starr
Fordham Law Review
No abstract provided.