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Articles 1 - 30 of 89
Full-Text Articles in Law
Writing The Rules Of Attorney-Whistleblowing: Who Gets To Decide, And How Do We Make The Decision?, Alex Bein
Writing The Rules Of Attorney-Whistleblowing: Who Gets To Decide, And How Do We Make The Decision?, Alex Bein
Fordham Urban Law Journal
No abstract provided.
Principles, Politics And Privilege: How The Crime-Fraud Exception Can Preserve The Strength Of The Attorney-Client Privilege For Government Lawyers And Their Clients, Michael W. Glenn
Fordham Urban Law Journal
No abstract provided.
A Sum Uncertain: Preserving Due Process And Preventing Default Judgments In Consumer Debt Buyer Lawsuits In New York, Conor P. Duffy
A Sum Uncertain: Preserving Due Process And Preventing Default Judgments In Consumer Debt Buyer Lawsuits In New York, Conor P. Duffy
Fordham Urban Law Journal
No abstract provided.
The Practice Of Law As A Useful Art: Toward An Alternative Theory Of Professionalism, Norman W. Spaulding
The Practice Of Law As A Useful Art: Toward An Alternative Theory Of Professionalism, Norman W. Spaulding
Fordham Urban Law Journal
No abstract provided.
"Professionalism" As Pathology: The Aba's Latest Pollicy Debate On Nonlawyer Ownership Of Law Practice Entities, Ted Schneyer
"Professionalism" As Pathology: The Aba's Latest Pollicy Debate On Nonlawyer Ownership Of Law Practice Entities, Ted Schneyer
Fordham Urban Law Journal
No abstract provided.
The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Vibeke Lehmann Nielson
The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Vibeke Lehmann Nielson
Fordham Urban Law Journal
Professionals working inside companies may bring with them frames of mind set by their professional experience and socialization. Lawyers, in particular, are said to “think like a lawyer”—to have a lawyer cast of mind. In seeking power within a company and in exercising the power that they obtain, professionals may draw on their professional background to frame, name, diagnose, and prescribe a remedy for the company’s problems. In making decisions about their compliance with the law, companies are constrained not only by their environment, but also by their agents’ understanding of whose (or what) interests the company should serve. In …
A History Of Professionalism: Julius Henry Cohen And The Professions As A Route To Citizenship, Rebecca Roiphe
A History Of Professionalism: Julius Henry Cohen And The Professions As A Route To Citizenship, Rebecca Roiphe
Fordham Urban Law Journal
No abstract provided.
Nothing New Under The Sun: How The Legal Profession's Twenty-First Century Challenges Resemble Those Of The Turn Of The Twentieth Century, Russell G. Pearce, Pam Jenoff
Nothing New Under The Sun: How The Legal Profession's Twenty-First Century Challenges Resemble Those Of The Turn Of The Twentieth Century, Russell G. Pearce, Pam Jenoff
Fordham Urban Law Journal
No abstract provided.
Implications Of Globalization For The Professional Status Of Lawyers In The United States And Elsewhere, Nancy J. Moore
Implications Of Globalization For The Professional Status Of Lawyers In The United States And Elsewhere, Nancy J. Moore
Fordham Urban Law Journal
No abstract provided.
In Defense Of The Business Of Law, Judith A. Mcmorrow
In Defense Of The Business Of Law, Judith A. Mcmorrow
Fordham Urban Law Journal
No abstract provided.
The Law: Business Or Profession?: The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
The Law: Business Or Profession?: The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
Fordham Urban Law Journal
No abstract provided.
An Entrepreneurial Perspective On The Business Of Being In Our Profession, Steven H. Hobbs
An Entrepreneurial Perspective On The Business Of Being In Our Profession, Steven H. Hobbs
Fordham Urban Law Journal
No abstract provided.
Rehabilitating Lawyers: Perceptions Of Deviance And Its Cures In The Lawyer Reinstatement Process, Bruce Green, Jane Campbell Moriarty
Rehabilitating Lawyers: Perceptions Of Deviance And Its Cures In The Lawyer Reinstatement Process, Bruce Green, Jane Campbell Moriarty
Fordham Urban Law Journal
State courts’ approach to lawyer admissions and discipline has not changed fundamentally in the past century. Courts still place faith in the idea that “moral character” is a stable trait that reliably predicts whether an individual will be honest in any given situation. Although research in neuroscience, cognitive science, psychiatry, research psychology, and behavioral economics (collectively “cognitive and social science”) has influenced prevailing concepts of personality and trustworthiness, courts to date have not considered whether they might change or refine their approach to “moral character” in light of scientific insights. This Article examines whether courts should reevaluate how they decide …
Evolving Standards Of Reasonableness: The Aba Standards And The Right To Counsel In Plea Negotiations, Margaret Colgate Love
Evolving Standards Of Reasonableness: The Aba Standards And The Right To Counsel In Plea Negotiations, Margaret Colgate Love
Fordham Urban Law Journal
The ABA Criminal Justice Standards have been recognized by the Supreme Court as one of the most important sources for determining lawyer competence in right to counsel cases. Because the constitutional test under the Sixth Amendment is whether defense counsel’s performance was “reasonable” under “prevailing professional norms,” the standard of competence is necessarily an evolving one. The Supreme Court's decision in Padilla v. Kentucky underscores the defense bar’s stake in participating in the ABA standard-setting process to guide the development of defense counsel's obligations in plea negotiations. In addition, to the extent the courts give the ABA Standards credence in …
Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill
Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill
Fordham Urban Law Journal
No abstract provided.
In-House Counsel Beware!, Katrice Bridges Copeland
In-House Counsel Beware!, Katrice Bridges Copeland
Fordham Urban Law Journal
No abstract provided.
Bob Dylan’S Lawyers, A Dark Day In Luzerne County, And Learning To Take Legal Ethics Seriously, Randy Lee
Bob Dylan’S Lawyers, A Dark Day In Luzerne County, And Learning To Take Legal Ethics Seriously, Randy Lee
Fordham Urban Law Journal
This article examines the life of Bob Dylan and how his views can be used to improve legal ethics. Bob Dylan's views are applied to the legal ethics issues faced by the juvenile justice system in Pennsylvania and the Pennsylvania’s Interbranch Commission on Juvenile Justice's call "to get serious" about legal ethics. "If we are, however, to get serious about legal ethics, then we will first have to see if we can “make any sense of it,” “pull it apart,” and see if any of it can fit back together in a meaningful way, in other words, do the kind …
Dylan's Judgment On Judges: Power And Greed And Corruptible Seed Seem To Be All That There Is, David M. Zornow
Dylan's Judgment On Judges: Power And Greed And Corruptible Seed Seem To Be All That There Is, David M. Zornow
Fordham Urban Law Journal
This Article is presented in the form of an "Indictment" against judges brought by Bob Dylan, in the role of prosecutor. Indictment Part A contains a summary of Dylan's allegations against judges. Part B is background information. Part C alleges "Abuse of Power" as indictment count one. Part D alleges "Greed" as indictment count two. Part E alleges "Corruptible Seed" as indictment count three. Part F contains the indictments conclusion. Finally, the article concludes with a "Brady" letter.
Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney
Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney
Fordham Urban Law Journal
No abstract provided.
Breaking Past The Parallax: Finding The True Place Of Lawyers In Securities Fraud, Marianne C. Adams
Breaking Past The Parallax: Finding The True Place Of Lawyers In Securities Fraud, Marianne C. Adams
Fordham Urban Law Journal
Lawyers often play an integral part in business transactions and securities offerings. This puts lawyers on the sidelines of not only great business successes, but also, every so often, tremendous failures. Because they are viewed by many as gatekeepers, and in that role provide a degree of assurance (with their reputational capital) that gross illegalities will not occur, a series of questions arise in the minds of many when illegalities do happen on attorneys’ watch. This Note analyzes the legal standards that are in play and those that should be imposed when lawyers aid or abet a fraud. Part I …
"Whistle . . . And You've Got An Audience", Amanda C. Leiter
"Whistle . . . And You've Got An Audience", Amanda C. Leiter
Fordham Urban Law Journal
One of the questions for discussion today is whether public rights litigation is an effective means of social change. This Article does not attempt an answer but begins to explore a set of issues central to any answer: the extent, types, uses, and potential shortcomings of government whistleblowing. There is considerable sociological and legal literature on government whistleblowing, but little of it addresses the issue from the angle relevant to maximizing the efficacy of public rights litigation. This Article begins to fill that gap. Part I discusses the importance of whistleblowers in the vindication and enforcement of public rights. Part …
Intimidation And The Culture Of Avoidance: Gender Issues And Mentoring In Law Firm Practice, Elizabeth K. Mcmanus
Intimidation And The Culture Of Avoidance: Gender Issues And Mentoring In Law Firm Practice, Elizabeth K. Mcmanus
Fordham Urban Law Journal
This Essay looks at gender issues in law firm practice. The author tries to dispel the notion that just women are gaining equal access to the legal profession at the ground level does not mean that they are achieving similar entrée to the upper echelons of law firm practice. The author considers the factors that challenge women's progress at law firms. The article also looks at the mentoring issue with law firm work and how that affects this the same issue.
The Billable Hours Derby: Empirical Data On The Problems And Pressure Point, Susan Saab Fortney
The Billable Hours Derby: Empirical Data On The Problems And Pressure Point, Susan Saab Fortney
Fordham Urban Law Journal
This Article addresses the frustration with billable hours in large law firms. The Author gathered empirical data to gauge the short and long-term effects of increases in billable hour expectations. An empirical study was conducted in 1999-2000 of associate satisfaction, law firm culture, and billing practices. The Article compares these findings to a 2005 NALP study on billable hours and a Work-Life split. The Article concludes by considering what forces and players will change the current course of conduct in which law firm leaders treat increases in billable hours expectations as a necessary evil. The studies show the costs and …
How Law Firms Can Do Good While Doing Well (And The Answer Is Not Pro Bono), Russell Pearce
How Law Firms Can Do Good While Doing Well (And The Answer Is Not Pro Bono), Russell Pearce
Fordham Urban Law Journal
This Essay looks at whether large law firm business lawyers can do good in today’s society. The author describes the change in the large law firm mentality since the 1960s – most specifically the shift to a focus centered solely on making money. The Article looks at the changes in the legal profession that facilitated this shift. The author proposes that instead of trying to separate making money and doing well, the legal profession should try to integrate the two. The Essay proposes specific suggestions to accomplish this goal, including the creation of a new Model Rule that would restore …
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 …
Marilyn & Ed Bellet: A Dedication, William Michael Treanor
Marilyn & Ed Bellet: A Dedication, William Michael Treanor
Fordham Urban Law Journal
This Essay was a dedication to Ed and Marilyn Bellet, benefactors of Fordham Law’s ethics and professionalism programs. The Bellets created the Louis Stein Center for Law and Ethics, which educates both the public and lawyers about the importance of the rule of law. The author examines the life of the Bellets and their commitment to Fordham Law.
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 …
The Evils Of “Elasticity”: Reflections On The Rhetoric Of Professionalism And The Part-Time Paradox In Large Firm Practice, Amelia J. Uelmen
The Evils Of “Elasticity”: Reflections On The Rhetoric Of Professionalism And The Part-Time Paradox In Large Firm Practice, Amelia J. Uelmen
Fordham Urban Law Journal
This Essay is an examination of part-time arrangements at large law firms. The author sets out to start a conversation about professional life and identity in a large firm context.. Part I looks at the commercialization of large law firm practice and how that has created a “crisis” in legal practice. Part II compares the “tyranny of the billable hours” with the dedication to “client service.” The author considers part time work with both of these elements. Part III confronts the cultural obstacles to part-time work. Here, the author acknowledges that even the analysis is accepted there are still cultural …
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 …
Large Law Firms And Their Role In The Educational Continuum Of Lawyers, Paula A. Patton
Large Law Firms And Their Role In The Educational Continuum Of Lawyers, Paula A. Patton
Fordham Urban Law Journal
This Article examines the ways in which large law firms have served as educators. Furthermore, the Author considers how law firm efforts as educators might be enhanced. The paper looks at the necessity for law firms to continue to educate their associates and the motivation for associate training. The author proposes that law firms must embrace comprehensive strategies that impart performance standards, benchmarks, and core competencies through experiential training.