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Fordham Law Review

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Articles 2911 - 2940 of 5051

Full-Text Articles in Law

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Panel I, Concluding Remarks, Paul R. Dimond Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Panel I, Concluding Remarks, Paul R. Dimond

Fordham Law Review

No abstract provided.


The Constitution And Capital Sentencing: Pursuing Justice And Equality, Scott W. Howe Jan 1992

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


The Rationalist Tradition At Trial, James L. Kainen Jan 1992

The Rationalist Tradition At Trial, James L. Kainen

Fordham Law Review

Analysis of Evidence: How to Do Things With Facts Based On Wigmore's Science of Judicial Proof, By Terrence Anderson and William Twining (with an Appendix on Probablity and Proof by Philip Dawid). Little, Brown and Company, and London: George Weidenfeld and Nicolson, Ltd., 1991. Pp. 457. $22.00. (Teacher's Manual. Pp. 181)


Bumper Cars: Themes Of Convergence In International Regulation, Michael P. Malloy Jan 1992

Bumper Cars: Themes Of Convergence In International Regulation, Michael P. Malloy

Fordham Law Review

In this Article, Professor Malloy examines the convergence of regulatory standards among international regulators, suggesting that the dynamic of financial services regulation can be best understood as a conceptualized version of the bumper cars ride at an amusement park. While Professor Malloy suggests that a certain degree of convergence has already occurred in international regulation, thus decreasing the number of "bumps" in the ride, he also recognizes that much of this convergence remains propsective rather than actual, and currently is dominated by a pattern of regionalized regulation. Professor Malloy argues that, unless a converged pattern of regulation continues to develop, …


U.S. Restructuring Legislation: Revising The International Banking Act Of 1978, For The Worse?, Cynthia C. Lichtenstein Jan 1992

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.


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Introductory Remarks, William Michael Treanor Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Introductory Remarks, William Michael Treanor

Fordham Law Review

No abstract provided.


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 Jan 1992

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.


The Last Promissory Estoppel Article, Jay M. Feinman Jan 1992

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 …


"Protection" Of Volunteers Under Federal Employment Law: Discouraging Voluntarism, Leda E. Dunn Jan 1992

"Protection" Of Volunteers Under Federal Employment Law: Discouraging Voluntarism, Leda E. Dunn

Fordham Law Review

No abstract provided.


The Dalkon Shield Claimants Trust: Paradigm Lost (Or Found)?, Georgene M. Vairo Jan 1992

The Dalkon Shield Claimants Trust: Paradigm Lost (Or Found)?, Georgene M. Vairo

Fordham Law Review

In this Essay, Dean Vairo discusses the policies and procedures governing the Dalkon Shield Claimants Trust After raising questions about the Trust's experience in a theoretical and jurisprudential context Dean Vairo describes the historical development of the Trust and provides a preliminary aosesment of the Trust's performance. Dean Vairo addresses various criticisms of the Trust and calls for a reasoned analysis of the Trust's policies in light of the theoretical questions raised in this Essay to determine whether the Trust should be considered as a model for resolving other mass tort cases.


The Legal Regulation Of Lawyers' Conflicts Of Interest, Richard A. Epstein Jan 1992

The Legal Regulation Of Lawyers' Conflicts Of Interest, Richard A. Epstein

Fordham Law Review

No abstract provided.


Indeterminacy, Justification And Truth In Constitutional Theory, Robert Justin Lipkin Jan 1992

Indeterminacy, Justification And Truth In Constitutional Theory, Robert Justin Lipkin

Fordham Law Review

In this Article, Professor Lipkin continues the debate over the nature of indeterminacy in constitutional theory, arguing that epistemic indeterminacy is most relevant to the law, because epistemic indeterminacy is more closely tied to practical reasoning than is metaphysical indeterminacy. Professor Lipkin further argues that the controversy over metaphysical or epistemic indeterminacy is really a controversy over truth or justification as the primary form of validating constitutional rules. In Professor Lipkin's view, the search for constitutional truth should be abandoned or, at best, should be treated as a trivial result of the best justification. Finally, Professor Lipkin proposes a new …


The Value Of Friendship In Law And Literature, Michael J. Kaufman Jan 1992

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. …


Question Of Class: Does 42 U.S.C. Section 1985(3) Protect Women Who Are Barred From Abortion Clinics, Mary F. Leheny Jan 1992

Question Of Class: Does 42 U.S.C. Section 1985(3) Protect Women Who Are Barred From Abortion Clinics, Mary F. Leheny

Fordham Law Review

No abstract provided.


Judging By Reputation, Marc M. Arkin Jan 1992

Judging By Reputation, Marc M. Arkin

Fordham Law Review

Cardozo: A Study in Reputation. By Richard A. Posner. The University of Chicago Press, 1990. Pp. 156. $18.95


Dedication To Professor Edward Yorio Jan 1992

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 …


Toxic Reproductive And Genetic Hazards In The Workplace: Challenging The Myths Of The Tort And Workers' Compensation Systems, Jean Macchiaroli Eggen Jan 1992

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.


Causal Comparisons, Robert N. Strassfeld Jan 1992

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.


The Advocate: Should He Speak Or Write?, The Rt. Hon. Lord Mackay Jan 1992

The Advocate: Should He Speak Or Write?, The Rt. Hon. Lord Mackay

Fordham Law Review

This speech was given by The Rt. Hon. Lord Mackay on April 3, 1991, at Fordham University's School of Law as the John F. Sonnet Memorial Lecture.


Father Knows Best: The Unwed Father's Right To Raise His Infant Surrendered For Adoption, Daniel C. Zinman Jan 1992

Father Knows Best: The Unwed Father's Right To Raise His Infant Surrendered For Adoption, Daniel C. Zinman

Fordham Law Review

No abstract provided.


Labor Injunctions Pending Arbitration: Should Courts Enjoin Managements' Unilaterally Implemented Drug-Testing Programs?, Paul Keneally Jan 1992

Labor Injunctions Pending Arbitration: Should Courts Enjoin Managements' Unilaterally Implemented Drug-Testing Programs?, Paul Keneally

Fordham Law Review

No abstract provided.


Lehnert V. Ferris Faculty Association: Accounting To Financial Core Members: Much A-Dues About Nothing?, Calvin Siemer Jan 1992

Lehnert V. Ferris Faculty Association: Accounting To Financial Core Members: Much A-Dues About Nothing?, Calvin Siemer

Fordham Law Review

No abstract provided.


The What, Why, And How Of Privatization: A World Bank Perspective, Mary M. Shirley Jan 1992

The What, Why, And How Of Privatization: A World Bank Perspective, Mary M. Shirley

Fordham Law Review

Ms. Shirley outlines privatization, defininf the concept and suggesting why privatization should occur and how it can be best implemented. She first dfines privatization as the transfer of ownership of assets to the private sector. She then discusses why a government should privatize, as opposed to why governments often want to privatize. Finally, Ms. Shirley discusses various steps governments should take in effectuating privatizations.


The Compatibility Of The Unictral Model Law On International Credit Transfers With Article 4a Of The Ucc, Carl Felsenfeld Jan 1992

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.


The Role Of Securities And Exchange Commission In An Internationalized Marketplace, James R. Doty Jan 1992

The Role Of Securities And Exchange Commission In An Internationalized Marketplace, James R. Doty

Fordham Law Review

Mr. Doty, General Counsel of the United States Securities and Exchange Commission ("SEC"), explores the complexities of an internationalized securities market and the appropriate role of the SEC in such a marketplace. Mr. Doty examines the cooperation of securities authorities from around the globe, including the SEC, to address problems of fraudulent conduct, capital adequacy, and standards of disclosure. Mr. Doty concludes that the SEC has been, and should continue to be, a "standard-setter" in the globalization process.


Transnational Financial Services--Current Challenges For An Integrated Europe, Gerhard Wegen Jan 1992

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.


Turkey's New Financial Leasing Law And Industry, Unal Tekinalp Jan 1992

Turkey's New Financial Leasing Law And Industry, Unal Tekinalp

Fordham Law Review

In this Article, Professor Tekinalp describes Turkey's new and rapidly growing financial leasing industry. One of the reasons for this rapid growth is the newly enacted Law Concerning Financial Leasing ("LCFL"). Enacted before a financial leasing industry existed, the LCFL is unique in its heavy regulation of this industry. As a drafter of the LCFL, Professor Tekinalp offers insight into the operation and goals of the statute and provides fertile ground for comparison with other developments in international finance regulation.


An American Reflection On Turkey's Financial Leasing Industry, Carl Felsenfeld Jan 1992

An American Reflection On Turkey's Financial Leasing Industry, Carl Felsenfeld

Fordham Law Review

No abstract provided.


The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg Jan 1992

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, …


The Sec's Proposed Regulations Of Foreign Securities Issued In The United States, Harold Schimkat Jan 1992

The Sec's Proposed Regulations Of Foreign Securities Issued In The United States, Harold Schimkat

Fordham Law Review

No abstract provided.