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Articles 1 - 30 of 79
Full-Text Articles in Law
May Judges Attend Privately Funded Educational Programs? Should Judicial Education Be Privatized?: Questions Of Judicial Ethics And Policy, Bruce A. Green
May Judges Attend Privately Funded Educational Programs? Should Judicial Education Be Privatized?: Questions Of Judicial Ethics And Policy, Bruce A. Green
Fordham Urban Law Journal
This Article addresses questions of judicial ethics raised by privately-funded judicial seminars and how they are answered by existing legal and ethical standards. It discusses the relevant restrictions and describes the courts' interpretations. The Article concludes that these interpretations are rooted in reasonable understandings of the current restrictions. It questions whether or not the current standards and processes are sufficient.
What The Data Shows, Carl Baar, Stephen Belenko, Aubrey Fox, Rachel Porter
What The Data Shows, Carl Baar, Stephen Belenko, Aubrey Fox, Rachel Porter
Fordham Urban Law Journal
No abstract provided.
Reflections Upon Judicial Independence As We Approach The Bicentennial Of Marbury V. Madison: Safeguarding The Constitution's "Crown Jewel", Honorable Gerald E. Rosen, Kyle W. Harding
Reflections Upon Judicial Independence As We Approach The Bicentennial Of Marbury V. Madison: Safeguarding The Constitution's "Crown Jewel", Honorable Gerald E. Rosen, Kyle W. Harding
Fordham Urban Law Journal
This Article traces the history of judicial independence from the drafting of the Constitution and the Supreme Court's articulation of judicial review in Marbury v. Madison. It addresses the obstacles encountered during the ratification process and the reaction to the Marbury decision. The Article then summarizes the continued challenges to judicial independence, from President Roosevelt's "court-packing" plan to characterizations of judicial activism in Lochner v. New York. The Article concludes by warning that judges must remain vigilant against the impact of the highly partisan political process and the advent of powerful special interest groups.
Telephone Justice, Pandering, And Judges Who Speak Out Of School, Randall T. Shepard
Telephone Justice, Pandering, And Judges Who Speak Out Of School, Randall T. Shepard
Fordham Urban Law Journal
This Article addresses the growing influence of outside forces on the judiciary. The Article details four situations in which a judge may feel the pressure of outside forces: confirmation hearings, subsequent political pressure, election campaigns, and situations involving the media. It criticizes the actions taken by Judge Thomas Penfield Jackson in the Microsoft antitrust case, most notable the numerous public remarks made while the trial was still in progress. The author concludes that judges set the standards for the way law is practiced and must therefore ignore the external pressures and strive to be models of integrity and justice.
The Walking Judge From Alabama, The Honorable Pamela Willis Baschab
The Walking Judge From Alabama, The Honorable Pamela Willis Baschab
Fordham Urban Law Journal
This anecdotal Article is the story of the Honorable Pamela Willis Baschab's campaign for Chief Justice of the Alabama Supreme Court. Judge Baschab, in an effort to speak out against the influence of special interest groups in the Alabama judicial system, walked from one end of Alabama to the other. She describes her progression through the Alabama legal system, her campaign trail (literally), and her experiences with different people along the way.
Beyond Merit Selection, Luke Bierman
Beyond Merit Selection, Luke Bierman
Fordham Urban Law Journal
This Article reviews some of the factors that have diminished the appeal of merit selection for judges. It examines why merit selection has never been an entirely successful answer for reformers looking for nonpartisan solutions. It advocates addressing other aspects of the judicial office to promote judicial independence. It concludes by suggesting that there be an educational credential for becoming a judge. Such a solution, it is argued, would offer legitimacy to judicial aspirants and would provide independent, accountable, impartial, and well-trained judges regardless of selection method.
The Cycle Of Judicial Elections: Texas As A Case Study, Anthony Champagne, Kyle Cheek
The Cycle Of Judicial Elections: Texas As A Case Study, Anthony Champagne, Kyle Cheek
Fordham Urban Law Journal
This Article addresses the concerns about the implications of an elected judiciary. Advocating for overall reform, the Article presents Texas as a case study. It tracks the cycle of change in Texas, from party appointments to the bench to two-party competition and back towards one-party dominance. The Article discusses the problems these changes caused and addresses the attempted reform efforts.
In The Eye Of The Hurricane: Florida Courts, Judicial Independence, And Politics, Drew Noble Lanier, Roger Handberg
In The Eye Of The Hurricane: Florida Courts, Judicial Independence, And Politics, Drew Noble Lanier, Roger Handberg
Fordham Urban Law Journal
This Article discusses the concept of judicial independence, the political nature of the courts, and efforts to insulate the courts from the ordinary politics engulfing the popularly elected branches. It reviews Florida's political history and changing political landscape. It traces the development of the state's judicial selection processes and ties them to current legislation being considered. It concludes by discussing the likely consequences of the efforts to diminish the insulation the the Florida courts enjoy from the politics of the day.
Remarks By The Honorable Judith S. Kaye: Access To Justice Conference, September 11, 2001, The Honorable Judith S. Kaye
Remarks By The Honorable Judith S. Kaye: Access To Justice Conference, September 11, 2001, The Honorable Judith S. Kaye
Fordham Urban Law Journal
Remarks at the Access to Justice Conference: September 11, 2001
Access To Justice: On Dialogues With The Judiciary, Margaret Martin Barry
Access To Justice: On Dialogues With The Judiciary, Margaret Martin Barry
Fordham Urban Law Journal
This Article considers the effects of nurturing law student interest in public service intersects with the goals of developing lawyering expertise. It then examines the insight provided to the judiciary by clinical educational programs with regards to making the courts more accesible to the public. The author hopes to encourage a greater, more meaningful dialogue between the judiciary and law school faculty.
Unbundled Legal Services: Untying The Bundle In New York State, Justice Fern Fisher-Brandveen, Rochelle Klempner
Unbundled Legal Services: Untying The Bundle In New York State, Justice Fern Fisher-Brandveen, Rochelle Klempner
Fordham Urban Law Journal
This Article addresses the practice of unbundled legal services as a solution to lack of access to legal aid by the poor. Unbundled legal services is a process by which the client and lawyer agree that the lawyer will provide some, but not all, of the work involved in traditional full service representation. The Article discusses and and evaluates the pros, such as increasing access to justice and efficiency in the courtroom with cons, such as malpractice and ethical concerns.
In Defense Of Ghostwriting, Jona Goldschmidt
In Defense Of Ghostwriting, Jona Goldschmidt
Fordham Urban Law Journal
This Article analyzes the legal community's resistance to ghostwriting for pro se litigants. It examines the nature, extent and benefits of ghostwriting. It analyzes objections to ghostwriting raised in case law and ethics opinions. It describes recent ghostwriting recommendations and regulatory developments. The Article discusses the relevance of the duty of confidentiality and the attorney-client privilege to ghostwriting. It analyzes the legal community's resistance to ghostwriting. The Article concludes that ghostwriting serves a growing segment of the pro se population and that it doesn't violate the court rules or ethical principles.
Civil Legal Assistance For Low-Income Persons: Looking Back And Looking Forward, Alan W. Houseman
Civil Legal Assistance For Low-Income Persons: Looking Back And Looking Forward, Alan W. Houseman
Fordham Urban Law Journal
This Article discusses the importance of legal aid and the services it provides to low-income persons. The Article also addresses the need for further change. It advocates for the development of a stronger base of public support at the local level. It also calls for an integrated, comprehensive statewide system to ensure that access is available to all those who need relief.
The Law School Consortium Project: Law Schools Supporting Graduates To Increase Access To Justice For Low And Moderate Income Individuals And Communities, Deborah Howard
Fordham Urban Law Journal
The Law School Consortium Project is an organization with the goal of extending the educational and professionalism missions of law schools beyond graduation to provide training, mentoring, and other support to solo and small-firm lawyers. The Article discusses different models of achieving this goal. It outlines the benefits to practitioners, low and moderate income individuals and communities, and to participating law schools.
Traveling Justice: Providing Court Based Pro Se Assistance To Limited Access Communities, Tina L. Rasnow
Traveling Justice: Providing Court Based Pro Se Assistance To Limited Access Communities, Tina L. Rasnow
Fordham Urban Law Journal
This Article discusses one Southern California court's attempt to provide greater access to underrepresented litigants in a mixed urban and rural county northwest of Los Angeles. The Article explores Ventura County Superior Court's outreach program designed to increase court access through pro se self-help services, educational outreach, specialty courts, and collaboration with social service organizations. The Article hopes to inspire others to try creative methods to improve access in their jurisdictions.
The Public Is Willing, Margot Lindsay, Mary K. Shilton
The Public Is Willing, Margot Lindsay, Mary K. Shilton
Fordham Urban Law Journal
This Article discusses the importance of public outreach and education in the judicial system. The Article advocates for various court-sponsored outreach programs to increase citizen contact with the courts for problem solving purposes. It also addresses such alternatives as community courts and neighborhood advisory boards. It discusses measures taken by state courts to increase communication with underrepresented communities. It concludes by making suggestions to improve outreach programs.
Access To Justice In Idaho, Frances H. Thompson
Access To Justice In Idaho, Frances H. Thompson
Fordham Urban Law Journal
This Article addresses the efforts made by the Idaho Court Assistance Office Project to increase access to the Idaho court system. The Article discusses the Projects goals of addressing concerns over plain English forms and brochures, pro bono legal and paralegal services, and equipment and technology needs. It describes the four primary model used by the Project in assisting pro-se litigants.
From "Renegade" Agency To Institution Of Justice: The Transformation Of Legal Services Corporation, Mauricio Vivero
From "Renegade" Agency To Institution Of Justice: The Transformation Of Legal Services Corporation, Mauricio Vivero
Fordham Urban Law Journal
This Article traces the evolution of the Legal Services Corporation from its near destruction in the mid-1990's to it's current state as a thriving national bipartisan organization. It discusses the challenges brought by a conservative Congress. It explores the changes made by LSC in order to gain bipartisan support.
Don't Confuse Metatags With Initial Interest Confusion, Yelena Dunaevsky
Don't Confuse Metatags With Initial Interest Confusion, Yelena Dunaevsky
Fordham Urban Law Journal
This Comment focuses on whether the legal doctrine of "initial interest confusion" should be applied in metatag related trademark infringement cases. The Comment agues that because "initial interest confusion" does not improve or clarify the existing process of legal inquiry in a trademark infringement litigation, the doctrine is a superfluous legal tool and may even be harmful from a public policy perspective.
City Life And New Urbanism, Ray Gindroz
City Life And New Urbanism, Ray Gindroz
Fordham Urban Law Journal
This article discusses the importance and reintroduction of urban centers as areas of continuing development, information exchange and health in cities and suburbs. It first comments on the decay of urban centers as a result of the post-World War II push to build towns and cities which were more isolated, fragmented and anti-urban. New urbanism began in the 1970s and 80s to create neighborhoods and urban centers rather than scattered developments and has successfully continued to this day. This article identifies the design principles of these urbanists and how they are put into practice, including a case study of Park …
Making The Good Easy: The Smart Code Alternative, Andres Duany, Emily Talen
Making The Good Easy: The Smart Code Alternative, Andres Duany, Emily Talen
Fordham Urban Law Journal
This article advocates for a new, fundamentally different plan for how cities should be coded, the Smart Code. It links urbanism and environmentalism and is strongly aligned with smart growth and sustainability. The Smart Code is offered as an alternative to the current anti-urban, conventional codes which are rigid and focus on single-use zones that separate human living space from the natural environment, as illustrated by the sprawl.
A Majority-Minority Nation: Racing The Population In The Twenty-First Century, John A. Powell
A Majority-Minority Nation: Racing The Population In The Twenty-First Century, John A. Powell
Fordham Urban Law Journal
This article explores the factors that affect the creation of racial classifications and how they are reflected in the Census categories, particularly in regard to the classification of Hispanics. The article argues that an increase in racial minorities will not solely stop white racial domination of political power structures because of entrenched racial policies and practices. To end this domination, racial minorities must organize and collaborate to take down these racially oppressive structures.
Florida's Downtowns: The Key To Smart Growth, Urban Revitalization, And Green Space Preservation, John T. Marshall
Florida's Downtowns: The Key To Smart Growth, Urban Revitalization, And Green Space Preservation, John T. Marshall
Fordham Urban Law Journal
This article reviews Florida's growth management system, which has spurred suburban development, and its negative impact on Florida's cities. As Florida's governor and legislature have turned their focus to this issue, this article evaluates policy recommendations to limit Florida's suburban sprawl and invigorate its urban centers.
First Suburbs In The Northeast And Midwest: Assets, Challenges, And Opportunities, Robert Puentes
First Suburbs In The Northeast And Midwest: Assets, Challenges, And Opportunities, Robert Puentes
Fordham Urban Law Journal
This article examines the decline of first suburbs, the older inner-ring suburbs closest to cities that grew up before or immediately after World War II. As families leave these areas for the expanding outer suburbs, the tax base shrinks and poverty and failing schools result. Inner suburbs lack the sophisticated governmental structures of cities to combat these problems, and without a shift in investment policies, first suburbs will continue to suffer.
Eras, Daniel Solomon
Eras, Daniel Solomon
Fordham Urban Law Journal
This article discusses the different eras of development of the American town. The first era was a result of the agrarian grid. The second era started in 1938 when the Federal Housing Administration began working on a national code. The article identifies these sprawling second era towns as deficient. A third era is now underway and is heavily influenced by the first era towns.
Smart Growth And Sustainable Transportation: Can We Get There From Here?, Oliver A. Pollard, Iii
Smart Growth And Sustainable Transportation: Can We Get There From Here?, Oliver A. Pollard, Iii
Fordham Urban Law Journal
This article focuses on the development of smart growth, which includes sustainable transportation policies and more efficient uses of land. Smart growth was developed to combat some of the negative consequences of transportation and land use laws developed in the past fifty years which created dependence on motor vehicles. The article examines these policies and their inconsistency with smart growth, considers steps to be taken toward a more efficient transportation system and the difficulties in invoking these changes, and uses Atlanta as a case study in the opportunities and challenges for smart growth and sustainable transportation policies.
The Community Reinvestment Act And The Economics Of Regulatory Policy, Christopher A. Richardson
The Community Reinvestment Act And The Economics Of Regulatory Policy, Christopher A. Richardson
Fordham Urban Law Journal
This article discusses the economic consequences and social implications of the Community Reinvestment Act. The CRA has direct economic effects on banks and neighborhoods and these neighborhoods also gain social benefits from the availability of credit which increase the quality of life in these areas. The article identifies the economic issues associated with providing access to credit in low and middle-income areas. Many of these problems are caused by the information asymmetry between lenders and borrowers because lenders do not realize the positive social benefits of the availability of credit in these areas. It contends that the ambiguous language of …
Extremely Motivated: The Republican Party's March To The Right, Cliff Schecter
Extremely Motivated: The Republican Party's March To The Right, Cliff Schecter
Fordham Urban Law Journal
This article tracks the evolution of the Republican party's shift from "a party of blue blood northeastern gentlemen to a party of southern agrarian populists" and its espousal of less moderate and more conservative positions over time. It considers what this means in the future for more moderate Republicans.
Maryland's Next Smart Growth Initiative: The Next Steps, Parris N. Glendening
Maryland's Next Smart Growth Initiative: The Next Steps, Parris N. Glendening
Fordham Urban Law Journal
This article discusses Maryland's Smart Growth and Neighborhood Conservation Initiative, the nation's first statewide, incentive-based program to reduce the impact of urban sprawl. It has been used as a model by other states and espouses the notions that no growth is bad and the economy and environment are intertwined. Maryland attempts to change the bottom line of development decisions by making it more attractive and less costly to build in designated growth areas. The article identifies the next steps in Maryland's Smart Growth initiative and concludes that Maryland and the United States must be successful in these and similar efforts …
Mainstreaming Community Development: Business Strategies As Radical Approaches To Community Representation, Daniel S. Shah
Mainstreaming Community Development: Business Strategies As Radical Approaches To Community Representation, Daniel S. Shah
Fordham Urban Law Journal
This article argues that law school clinics are a means of providing positive change in representation in community development. Through a detailed case analysis of the Philadelphia Community Development Credit Union, the article illustrates how most technical assistance providers perpetuate an economic development structure which is contrary to consumer demand. These technical assistance providers carry out the goals and plans of the project funders (a top down approach) rather than focusing on the demands of the consumers. Community development clinics can step outside of the current market structure because they receive funding from independent sources and are thus able to …