SelectedWorks @ Widener University Commonwealth Law School
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The State of Self-Regulation of the Legal Profession: Have We Locked the Fox in the Chicken Coop?
No full textImmigration Law Forces Foreign Doctors to Return Home
No full textMany foreign doctors come to the United States to complete advanced medical training unavailable in their home countries. It is not unusual for a foreign doctor to desire to remain in the United States after completion of that training.The Immigration and Nationality Act (INA) presents a major obstacle to this desire by requiring the doctor to return to his or her home country for two years after the completion of training in the United States. Many subject to this obligation will want to create a strategy to either avoid or ease fulfillment of this requirement. The options are limited, but, with careful planning, there can be hope
DOJ Appropriations Act: New Immigration Provisions
No full textOn Nov. 2, President Bush signed the 21st Century Department of Justice Appropriations Authorization Act. Included in the DOJ Appropriations Act are several provisions that alter the landscape of immigration law.The new immigration provisions include a reauthorization of state-sponsored waivers of the foreign residency requirement for foreign doctors trained in the United States, a new available extension of H-1B status beyond the six-year limit for certain foreign national temporary professional workers, alterations to the immigrant investor program, and changes to certain naturalization procedures
Learning from the President’s Council on Sustainable Development: the Need for a Real National Strategy
No full textThis is a review of United States sustainable development efforts at the national level from 1992-2002. At the United Nations Conference on Environment and Development in 1992, the United States and other countries agreed to develop and implement a national sustainable development strategy in order to fully integrate environmental matters into national decision making. In this period, the United States did not have such a strategy. Through much of the Clinton Administration, the President\u27s Council on Sustainable Development (PCSD) (1993-1999) provided the basis for such a strategy through a rich variety of policy recommendations, but relatively little effort was made to implement them within the executive branch of the federal government. While committed individuals were working within some specific agencies, there was no individual or organizational entity at the helm to steer the executive branch, or any charted course by which to steer. The congressional effort to foster sustainable development during this period was even more meager. There appears to have been little if any strategic thinking within the U.S. as a whole about how the United States can and should achieve sustainable development. The United States should develop and implement a strategy for achieving sustainable development. Within the executive branch, there should be a coordinating entity or mechanism for this strategy as well as for the integration of sustainable development concepts into its day-to-day activities. A parallel mechanism or entity should exist within Congress
Holding Credit Hostage for Underwriting Ransom: Rethinking Bank Antitying Rules
No full textThis article considers the importance of Congress\u27s and the courts\u27 consideration regarding the role antitying provisions have in light of the battle that exists between commercial banks and investment banks in the underwriting arena. Part I of this article discusses the history of commercial banks\u27 powers to both lend and underwrite securities, focusing particularly on the enactment of the Glass-Steagall restrictions and their repeal by the Gramm-Leach-Bliley Act of 1999. Part I also focuses on the recent rise of commercial banks (or their affiliates) as securities underwriters. Part II examines the growing convergence of commercial banks and investment banks both offering credit and underwriting services. Part III discusses the elements of a tying claim under the Bank Holding Company Act ( BHCA ) in light of dramatic restructuring of U.S. capital markets brought upon by the repeal of Glass-Steagall. Part III then analyzes whether, once the elements have been satisfied, such a tying claim can be sustained under the BHCA
