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Articles 1 - 14 of 14
Full-Text Articles in Law
Value Of Intersectional Comparative Analysis To The Post-Racial Future Of Critical Race Theory: A Brazil-U.S. Comparative Case Study, The Commentary: Critical Race Theory: A Commemoration: Response, Tanya K. Hernandez
Faculty Scholarship
This Commentary Article aims to illustrate the value of comparative law to the jurisprudence of Critical Race Theory (CRT), particularly with reference to the CRT project of deconstructing the mystique of "postracialism. " The central thesis of the Article is that the dangerous seductions of a U.S. ideology of "post-racialism" are more clearly identified when subject to the comparative law lens. In particular, a comparison to the Brazilian racial democracy version of "post-racialism"is an instructive platform from which to assess the advisability of promoting post-racial analyses of U.S. racial inequality. In Part I the Article introduces the value of comparative …
Equality Before The Law And The Social Contract: When Will The United States Finally Guarantee Its People The Equality Before The Law That The Social Contract Demands?, Earl Johnson, Jr.
Equality Before The Law And The Social Contract: When Will The United States Finally Guarantee Its People The Equality Before The Law That The Social Contract Demands?, Earl Johnson, Jr.
Fordham Urban Law Journal
Most European and several countries elsewhere in the world have recognized a right to counsel in many or most civil cases for as long as decades or even centuries - and many of these countries are willing to spend, proportionately, anywhere from three to twelve times as much of their national income as the U.S. currently does on the provision of counsel to their lower income populations in civil cases. This Article examines how courts around the world have interpreted the constitutional provisions emanating from the theory that underpins the right to equality before the law and why these decisions …
Approaching Comparative Company Law , David C. Donald
Approaching Comparative Company Law , David C. Donald
Fordham Journal of Corporate & Financial Law
No abstract provided.
Lower Courts And Constitutional Comparativism, Roger P. Alford
Lower Courts And Constitutional Comparativism, Roger P. Alford
Fordham Law Review
No abstract provided.
Consent In Mediation , Jacqueline Nolan-Haley
Consent In Mediation , Jacqueline Nolan-Haley
Faculty Scholarship
This brief comparative analysis of the United States and English approaches to mediation consent raises policy questions about the merits of mandatory mediation. Is England on a better course by requiring consent at the front end of mediation? Will mediation be stronger in the long run when it has a consensual foundation? Arguably, the use of cost sanctions in England's mediation regime makes it close to a mandatory mediation system. For some litigants, participating in mediation will be potentially less costly than arguing that it was not unreasonable to refuse mediation. But despite the mandatory gloss, mediation is still a …
Teaching Comparative Perspectives In Mediation: Some Preliminary Reflections Symposium: Transatlantic Perspectives On Alternative Dispute Resolution, Jacqueline Nolan-Haley
Teaching Comparative Perspectives In Mediation: Some Preliminary Reflections Symposium: Transatlantic Perspectives On Alternative Dispute Resolution, Jacqueline Nolan-Haley
Faculty Scholarship
The study of comparative law and legal process in any subject area offers the usual advantages of learning about other countries' legal cultures and developing a deeper understanding of one's own legal tradition. In the case of mediation, it is important to evaluate critically what is learned through comparative analysis. Mediation is still developing as a profession; it is newly institutionalized in legal cultures; and, it is relatively new to the canon of legal education. National legal traditions have responded differently to the implementation of mediation. Thus, lawyers must have an understanding of the differences and nuances in mediation law …
Leach Keynote Address, James A. Leach
Leach Keynote Address, James A. Leach
Fordham Journal of Corporate & Financial Law
No abstract provided.
Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine
Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine
Fordham Urban Law Journal
There has been a "religious lawyering movement," where religion has gained increased prominence in the legal profession and academia. This essay discusses one aspect of the movement, Jewish law in the American law school curriculum. The author describes four models for courses teaching Jewish law in American law schools, outlining their advantages and disadvantages. The first model teaches Jewish law in comparative law. The course would compare and contrast the substantive areas of law in both Jewish and American law. The second model teaches Jewish law in international law. By focusing on the impact of Jewish law on Israel's legal …
International Panel: Comparative Approaches To Media Protection, Joseph C. Sweeney, Ben Caspit, Andrea Hanlon, David A. Schulz
International Panel: Comparative Approaches To Media Protection, Joseph C. Sweeney, Ben Caspit, Andrea Hanlon, David A. Schulz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Reciprocal Recognition Of Foreign Country Money Judgements: The Canada-United States Example , Eric D. Ram
Reciprocal Recognition Of Foreign Country Money Judgements: The Canada-United States Example , Eric D. Ram
Fordham Law Review
No abstract provided.
The Special Skills Of Advocacy: Are Specialized Training And Certification Of Advocates Essential To Our System Of Justice?, Warren E. Burger
The Special Skills Of Advocacy: Are Specialized Training And Certification Of Advocates Essential To Our System Of Justice?, Warren E. Burger
Fordham Law Review
No abstract provided.
The Modification Of Multilateral Conventions By Means Of "Negotiated Reservations" And Other "Alternatives": A Comparative Study Of The Ilo And Council Of Europe--Part One, W. Paul Gormley
Fordham Law Review
No abstract provided.
Recognition Of Foreign Divorce Decrees In New York-Krause V. Krause, Frederick L. Kane
Recognition Of Foreign Divorce Decrees In New York-Krause V. Krause, Frederick L. Kane
Fordham Law Review
No abstract provided.
International Legal Practice, Fritz Moses