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Fordham Law School

2002

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Articles 301 - 311 of 311

Full-Text Articles in Law

Equal Protection Denied In New York To Some Family Law Litigants In Supreme Court: An Assigned Counsel Dilemma For The Courts, Robert M. Elardo Jan 2002

Equal Protection Denied In New York To Some Family Law Litigants In Supreme Court: An Assigned Counsel Dilemma For The Courts, Robert M. Elardo

Fordham Urban Law Journal

This Article addresses the concerns over the differences in the right to counsel in family law cases depending on the venue. In New York, persons in family court proceedings have a constitutional right to counsel. Yet the same matter, if heard in the New York Supreme Court, does not afford such a right. This Article advocates the correction of this perceived oversight in the law so that all parties in these important proceedings can receive fair representation.

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The Census As A Call To Action, David J. Barron, Gerald E. Frug Jan 2002

The Census As A Call To Action, David J. Barron, Gerald E. Frug

Fordham Urban Law Journal

This article argues that we misinterpret the Census figures showing the continued growth of the suburbs and increase in populations of some cities and not others. While many, including a Harvard economist, contend that this is a purely a result of consumer preference, this article concludes that this pattern is more likely a result of legal rules promoting sprawl which have been unchanged for 50 years. The article states that this new census data should be a wake-up call for state law reform which will no longer constrain and define local government.

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The Impact Of Problem Solving On The Lawyer's Role And Ethics, Judy Kluger, Pat Murrell, Jeffrey Tauber, Steven Zeidman, Alex Calabrese, Susan Hendricks Jan 2002

The Impact Of Problem Solving On The Lawyer's Role And Ethics, Judy Kluger, Pat Murrell, Jeffrey Tauber, Steven Zeidman, Alex Calabrese, Susan Hendricks

Fordham Urban Law Journal

No abstract provided.

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Privacy Versus Protection: Exploring The Boundaries Of Electronic Surveillance In The Internet Age, Kimberly Horn Jan 2002

Privacy Versus Protection: Exploring The Boundaries Of Electronic Surveillance In The Internet Age, Kimberly Horn

Fordham Urban Law Journal

No abstract provided.

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Lifting Voices: Towards Equal Education For Pregnant And Parenting Students In New York City, Tamara Ling Jan 2002

Lifting Voices: Towards Equal Education For Pregnant And Parenting Students In New York City, Tamara Ling

Fordham Urban Law Journal

No abstract provided.

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Introduction, Kamil Idris Jan 2002

Introduction, Kamil Idris

Fordham International Law Journal

Intellectual property law is one of the fastest growing fields of law worldwide. This unprecedented, rapid evolution and the accompanying massive upsurge in the use of the intellectual property system had four main triggers-- the advent of the Internet (to many, the heart of the digital revolution); unprecedented advances in science and technology; the emergence of intangible assets, such as knowledge, information and innovation, as the main drivers of economic development; and the growing interdependence of nations resulting from the internationalization of commerce. Of these, the digital revolution alone has had a profound effect on all aspects of the creation, …

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Challenges And Reforms In The Palestinian Authority, Hiba I. Husseini Jan 2002

Challenges And Reforms In The Palestinian Authority, Hiba I. Husseini

Fordham International Law Journal

This Article looks at the legal structure of the agreements signed between the Palestine Liberation Organization (“PLO”) and Israel from 1993 to 1995 (the “Agreements”). They consist of the Declaration of Principles signed in 1993 (“DOP”), the Agreement on the Gaza Strip and the Jericho Area signed in 1994 (“Gaza-Jericho Agreement”), the Protocol on Economic Relations signed in 1994 (“Paris Protocol”), and the Interim Agreement on the West Bank and Gaza Strip signed in 1995 (“Interim Agreement”). The Article examines the impact of the Agreements on the Palestinian economy and the development of a viable private sector. The Article also …

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Some Impediments To The Rule Of Law In The Middle East And Beyond, Muhamad Mugraby Jan 2002

Some Impediments To The Rule Of Law In The Middle East And Beyond, Muhamad Mugraby

Fordham International Law Journal

The geographic area that this Essay attempts to explore is the one generally known as “the Middle East” and includes the Levant, plus Arabia, Iran, and Pakistan, and is herein referred to as “the Region.” The Levant runs roughly from Egypt in the West to Iraq in the East. The Region is embedded in a wider area that runs from Morocco to India and even Bangladesh. This broad area will be referred to as “the Broad Region.” The main thrust is on the Region, but with frequent references to the Broad Region. All the countries of the Broad Region have …

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Local Meets Global: Transitional Justice In Northern Ireland, Colm Campbell, Fionnuala Ní Aoláin Jan 2002

Local Meets Global: Transitional Justice In Northern Ireland, Colm Campbell, Fionnuala Ní Aoláin

Fordham International Law Journal

Part I of the Essay assesses the current state of global transitional discourses in light of the critique of current developments offered by Ruti Teitel, William Schabas, Brandon Hamber, Kathleen Cavanaugh and others. This is followed in Part II by an examination of the distinctiveness of the broad contours of the Northern Ireland transition, setting the scene for an exploration of more discrete themes affecting the region: the problem of the past (Part III); and the dynamics of institutional change (Part IV). Part V offers some conclusions.

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Beyond The "Constitutional Moment": Law, Transition, And Peacemaking In Northern Ireland, Kieran Mcevoy, John Morison Jan 2002

Beyond The "Constitutional Moment": Law, Transition, And Peacemaking In Northern Ireland, Kieran Mcevoy, John Morison

Fordham International Law Journal

Our focus in this Article is not predominantly on the doctrinal intricacies of the constitutional framework in Northern Ireland. In fact, while we acknowledge the considerable sophistication of that framework, one of our contentions is that an overly legalistic focus on the shape and forms of constitutional architecture masks key questions concerning the broader political and ideological role of constitution-making. We will argue that the particular exigencies of constitution-making in a post-conflict society require a broader understanding of the notion and role of constitutional law. We attempt to trace the source of constitutional ideas in the jurisdiction, and the role …

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Fortress Italy: Racial Politics And The New Immigration Amendment In Italy, Michele Totah Jan 2002

Fortress Italy: Racial Politics And The New Immigration Amendment In Italy, Michele Totah

Fordham International Law Journal

This Comment explores, using a framework of international human rights, how discrimination affected the passing of the Bossi Fini amendment to the Italian immigration law. Part I of this Comment discusses the international human rights norms established by several significant fundamental human rights treaties relevant to immigration issues. Part I also briefly discusses the history of Italian immigration legislation, and examines the radicalization of the immigration discourse in Italy. Part II surveys some important provisions of the new Bossi Fini amendment. Part III argues that the Bossi Fini amendment violates the asylum, expulsion, and non-discrimination human rights provisions discussed in …

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