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Articles 4801 - 4830 of 12914

Full-Text Articles in Law

A Dangerous Mix: Mandatory Sentence Enhancements And The Use Of Motive, Joshua S. Geller Jan 2005

A Dangerous Mix: Mandatory Sentence Enhancements And The Use Of Motive, Joshua S. Geller

Fordham Urban Law Journal

The comment begins with a story about an attack that took place against a homosexual where the attacker was then charged with a hate crime because he attacked a homosexual and seemingly was motivated by the victims sexual preference. The resulting strict punishment was based on motive and the comment discusses whether it is a good idea to mandate stricter punishment for crimes based on different kinds of motives. The comment then explores the differences between intent and motive, examines motive in the view of conspiracies based on Pinkerton liability and such, and looks at motive in the context of …

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Automobile Leasing And The Vicarious Liability Of Lessors, Daniel J. Koevary Jan 2005

Automobile Leasing And The Vicarious Liability Of Lessors, Daniel J. Koevary

Fordham Urban Law Journal

The Comment begins by discussing the New York Vehicle and Traffic Law Section 388, which makes lessors vicariously liable for their cars even when they are begin leased by others, and how this led many car companies in New York to stop offering leases in the 1920's, the Comment will recommends that Section 388 be amended to exclude lessors from vicarious liability. The Comment then goes through the history of Section 388, explains what leasing is and why it is popular, looks at the recent impact of Section 388 which includes several companies have stopped leasing in New York, looks …

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The Dangers Of Fighting Terrorism With Technocommunitarianism: Constitutional Protections Of Free Expression, Exploration, And Unmonitored Activity In Urban Spaces, Marc Jonathan Blitz Jan 2005

The Dangers Of Fighting Terrorism With Technocommunitarianism: Constitutional Protections Of Free Expression, Exploration, And Unmonitored Activity In Urban Spaces, Marc Jonathan Blitz

Fordham Urban Law Journal

Part I of this article examines how some commentators can plausibly argue that constitutional liberty and privacy protections do not protect the individual liberty and privacy that modern individuals have come to expect in many public spaces, particularly in urban environments. Constitutional liberalism, this section points out, makes this question a difficult one, because it is marked by scrupulous neutrality towards different visions of “the good life.” In other words, the constitutional order does not condemn those who choose a communitarian way of life and favor those who prefer individualism. Rather, it tolerates both of these (and other) preferences about …

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Will 9/11 Continue To Take A Toll On America’S Cities?, David Dixon Jan 2005

Will 9/11 Continue To Take A Toll On America’S Cities?, David Dixon

Fordham Urban Law Journal

Terrorism and enhanced security concerns are firmly planted in the American psyche. It is hard for most Americans to accept the need to balance the risks of terrorism against the costs and benefits of responding to these risks. In the absence of quantitative measures for most risk assessments, Americans will need to establish qualitative measures for deciding where and how to respond to terrorism. Architects, planners, and others who deal daily with the qualitative issues of city building can play an important leadership role in this effort, in part because the people who traditionally make risk assessments cannot. This qualitative …

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Policing Post-9/11, Robert J. Louden Jan 2005

Policing Post-9/11, Robert J. Louden

Fordham Urban Law Journal

This paper therefore is an attempt to consider post-September 11 law enforcement activities in the context of organized policing in America. Many concepts and procedures used as illustrations have been undertaken by various police agencies. This demonstrates how previously accepted police practices may be changed in part by reaction to crisis legislation or other influences. New York City programs may or may not serve as benchmarks for other agencies. In these times of threat and response some important factors about preparing police for role change became apparent. First, there is a need to specify the new reality and determine what …

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The “Threat Of Terrorism” And The Right To The Cit, Peter Marcuse Jan 2005

The “Threat Of Terrorism” And The Right To The Cit, Peter Marcuse

Fordham Urban Law Journal

Restrictions on the everyday use of public space; restrictions on access to public buildings; restrictions on political expression and assembly for political purposes; restrictions on the freedom of immigrants to use public facilities and services in the city; increased segregation, exclusion, and concentrated decentralization of residences and economic activities are all key examples of the way the false threat of terrorism has been used to restrict rights to the city. The Right to the City has never been fully recognized in modern times. The false response to the threat of terrorism has made its realization even more remote.

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Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World Jan 2005

Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World

Fordham Urban Law Journal

The era following September 11, 2001 will be remembered as the golden age of law enforcement, the age of a bold paradigm shift inspired by the great challenges we face. It is instructive first to reflect on the old paradigm: as law enforcement agencies, we moved like swimmers in different lanes, all going the same direction with the same mission, yet also working by and for ourselves. Each criminal justice agency dealt with its own issues, staying—for the most part—in its own lane. Then, 9/11 changed everything. Indeed, it is our turn to be the greatest generation. Just as World …

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A Model Of Abstract Cooperation In Games Of Uncertainty, Hillel Bavli Jan 2005

A Model Of Abstract Cooperation In Games Of Uncertainty, Hillel Bavli

Fordham Urban Law Journal

The idea that evolutionary processes natrually propel a state of affairs toward a higher, perhaps more complex or advanced, state of affairs is one that may extend to any context characterized by a dynamic time frame, including ogliopoly moelds of repeated Prisoner's Dilemma. The author argues that, contrary to the popular assertion that coordinated pricing necessarily requires voluntary coordination, oligopoly markets may evolve to a state of cooperation—one of collective profit maximization—absent a conscious state of coordination among the players, or even knowledge of such cooperation. While Professor Donald Turner proposes a theory of cooperation based on forward-looking consideration of …

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The Use Of Pilot Financing To Develop Manhattan's Far West Side, Amy F. Cerciello Jan 2005

The Use Of Pilot Financing To Develop Manhattan's Far West Side, Amy F. Cerciello

Fordham Urban Law Journal

Bonds backed by payments in lieu of taxes ("PILOTs") are a unique and little used mode of financing. They are a rare structure in the municipal debt markets. PILOT financing has a close analog: tax increment financing ("TIF"). TIF is a popular local redevelopment financing mechanism. Since its inception in California in 1952, all fifty states have implemented legislation authorizing the use of TIF. This Comment discusses TIF and its legal and financial drawbacks, and then applies the lessons learned from TIF to PILOT financing. Part I describes TIF's general structure and underlying rationale and then examines New York State's …

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Felon Disenfranchisement: Law, History, Policy, And Politics, George Brooks Jan 2005

Felon Disenfranchisement: Law, History, Policy, And Politics, George Brooks

Fordham Urban Law Journal

George W. Bush became the forty-third President of the United States when he won the state of Florida by 537 votes in the 2000 election. Because the election was so close, hotly-contested, and divisive, aspects of our electoral system long relegated to dusty books suddenly became topics of water cooler conversation and cocktail party chatter. Some Democrats speculate that if the nearly 600,000 felons in Florida had been allowed to vote, Al Gore would have been elected President. Felon disenfranchisement has thus become a cause celèbre among liberals. There are approximately four million felons who cannot vote nationwide. They are …

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From Poverty To Abuse And Back Again: The Failure Of The Legal And Social Services Communities To Protect Foster Children, Sharon Balmer Jan 2005

From Poverty To Abuse And Back Again: The Failure Of The Legal And Social Services Communities To Protect Foster Children, Sharon Balmer

Fordham Urban Law Journal

After decades of legislative reform, stories of foster care abuse still appear on the fron pages of our newspapers, and foster children who are injured while in protective care are turning to the courts to change the system. It is still relatively difficult for a child to prevail in an action against child protective workers and agencies. Opinions addressing children’s issues are few, and courts seem hesitant to expand causes of action. This Comment explores the current state of children’s legal remedies for injuries incurred as the result of a foster care placement. Part I describes the foster care system …

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The Nirvana Fallacy In Law Firm Regulation Debate, Elizabeth Chambliss Jan 2005

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 …

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The Billable Hours Derby: Empirical Data On The Problems And Pressure Point, Susan Saab Fortney Jan 2005

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 …

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The End Of Partnership, Lawrence J. Fox Jan 2005

The End Of Partnership, Lawrence J. Fox

Fordham Urban Law Journal

This Article addresses what the Author believes are “myths” of the large firm legal practice. The author argues that the path to “partner” at a large firm provides neither a path nor anything that resembles a real partnership. The Article addresses four reasons to support this statement. The author believes that attaining partnership brings a person to a position where they still work many hours, do not receive a big elevation in status, have no sense of tenure, and must have a very large book of business. The Authors believes that it is not young associates who will be wanted …

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Should We Mandate Doing Well By Doing Good?, Lawrence J. Fox Jan 2005

Should We Mandate Doing Well By Doing Good?, Lawrence J. Fox

Fordham Urban Law Journal

This Article looks at Pro Bono work at the top large law firms. The Author examines the pro bono commitment of America's most financially successful firms. The Article describes the contradiction between how the firms present themselves on pro bono work and what they actually accomplish. The Author believes the solution to this situation is mandatory pro bono. The Article proposes that the rules of professional conduct should require pro bono work.

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Legal Education After Law School: Lessons From Scotland And Englan, Clark D. Cunningham Jan 2005

Legal Education After Law School: Lessons From Scotland And Englan, Clark D. Cunningham

Fordham Urban Law Journal

This Article addresses the issue of the needed collaboration between law schools and law firms about legal education after law school. The author proposes pilot projects be launched to increase collaboration between legal academics and law firms in the provision of legal education after law school. The Article suggests that the programs emulate the close partnerships that exist between the legal academy and legal profession in England and Scotland. The Article acknowledges why the training of lawyers is different now than in the past. The author compares the American law firm training programs with the post school education that takes …

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How Law Firms Can Do Good While Doing Well (And The Answer Is Not Pro Bono), Russell Pearce Jan 2005

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 …

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The Professionalization Of Ethics, Margaret Raymond Jan 2005

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 …

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Marilyn & Ed Bellet: A Dedication, William Michael Treanor Jan 2005

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.

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The Evils Of “Elasticity”: Reflections On The Rhetoric Of Professionalism And The Part-Time Paradox In Large Firm Practice, Amelia J. Uelmen Jan 2005

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 …

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Professional Challenges In Large Firm Practice, Bruce A. Green Jan 2005

Professional Challenges In Large Firm Practice, Bruce A. Green

Fordham Urban Law Journal

This foreword introduces the idea of Professional Challenges in Large Law Firm practice. The author discusses the culture of large law firm life. This Foreword focused on two goals. First, the author offered an overview of the Stein Center Conference that inspired this issue under the same title as the foreword. Second, the author introduces the writings in this issue that came out of the conference. Overall, it offers an introduction of the nature of large law firm practice.

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Critical Analysis Of The International Court Of Justice Ruling On Israel's Security Barrier, Michael J. Kelly Jan 2005

Critical Analysis Of The International Court Of Justice Ruling On Israel's Security Barrier, Michael J. Kelly

Fordham International Law Journal

On July 9, 2004, the International Court of Justice (“ICJ”) handed down an Advisory Opinion concerning the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory. In producing the Opinion, the Court traversed issues concerning its jurisdiction to deal with the request, the applicable law, the adherence by Israel to that law, the right of self-defense and the consequences of its findings of unlawfulness. It is well known that the long running issue of Israeli and Palestinian reconciliation is a politically heated one and the work of the ICJ has not been immune from the effects …

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International Trade & Developing Countries, Steve Charnovitz Jan 2005

International Trade & Developing Countries, Steve Charnovitz

Fordham International Law Journal

This is an introduction to Fordham International Law Journal, Volume 29, Number 2. This book quite appropriately addresses the challenge of trade and developing countries.

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Developing Countries At Crossroads: Aid, Public Participation, And The Regulation Of Trade In Genetically Modified Foods, J.M. Migai Akech Jan 2005

Developing Countries At Crossroads: Aid, Public Participation, And The Regulation Of Trade In Genetically Modified Foods, J.M. Migai Akech

Fordham International Law Journal

This Article reviews the experience of developing countries with the regulation of trade in GM food products in light of such bilateral pressures and argues that there is a need for broader public participation in the regulation of biotechnology as this will facilitate national governance in an era in which the international trade regime is rapidly eroding national regulatory decision-making autonomy. Furthermore, broadening public participation promises to rescue governments of developing countries from the aforementioned bilateral pressures by helping to strengthen their hands in negotiations for technical assistance and food aid. That is, developing country governments can use participatory regulatory …

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Leveling The Playing Field: Labor Provisions In Cafta, Marisa Anne Pagnattaro Jan 2005

Leveling The Playing Field: Labor Provisions In Cafta, Marisa Anne Pagnattaro

Fordham International Law Journal

Part I of this Article details labor problems in CAFTA countries, with specific emphasis on problems related to fundamental labor rights. Part II discusses the labor-related trading objectives mandated by the U.S. Congress in the TPA, including the relationship of those objectives to core international labor standards promulgated by the International Labor Organization ("ILO"). Part III then analyzes the labor provisions that are included in CAFTA. To the extent that these provisions do not fulfill the labor objectives set forth in the TPA and do not adequately promote core international labor standards, Part IV proposes provisions that the United States …

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Dedication To Advocate General Francis Jacobs, Roger J. Goebel Jan 2005

Dedication To Advocate General Francis Jacobs, Roger J. Goebel

Fordham International Law Journal

This issue of the Fordham International Law Journal represents a solid tribute to the attainments of Francis Jacobs produced by a group of respected scholars. Some Articles present a serious analysis of his own opinions, while others review major current issues in the field. Altogether the authors join in expressing their highest respect for Francis Jacobs' extraordinary contribution to the evolution of European Union law, and their expectation that he will continue to provide a valuable impetus to European Union studies as he returns to academic life.

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Court Of Justice Oversight Over The European Central Bank: Delimiting The Ecb's Constitutional Autonomy And Independence In The Olaf Judgment, Roger J. Goebel Jan 2005

Court Of Justice Oversight Over The European Central Bank: Delimiting The Ecb's Constitutional Autonomy And Independence In The Olaf Judgment, Roger J. Goebel

Fordham International Law Journal

An article devoted to the European Court of Justice's (“ECJ” or the “Court”) judicial review of the European Central Bank's (“ECB”) level of constitutional autonomy and independence may seem a bit arcane in a book dedicated to honor Advocate General Francis Jacobs upon his retirement from the Court. The topic is, however, eminently suitable, because it highlights his influence in a case remote from the many fields of law in which his impact has been so marked-- e.g., free movement of goods, competition law, trademarks and other intellectual property rights, free movement of services and establishment rights, human rights protection, …

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Advocate General Jacobs' Contribution To Competition Law, Valentine Korah Jan 2005

Advocate General Jacobs' Contribution To Competition Law, Valentine Korah

Fordham International Law Journal

This Article focuses on some of AG Jacobs' opinions regarding matters of competition, starting with his contributions on the meaning of “undertaking” in Höfner and AOK, under a combination of the Treaty Establishing the European Community (“EC Treaty”) Articles 82 and 86 (special and exclusive rights), and Risparmio, under Articles 86 and 87 (State aids). It does not deal with many other opinions he wrote on the meaning of “undertaking,” such as those in Albany and Pavlov. Finally, it discusses his opinions on refusals to deal in Bronner and Syfait, along with a selection of other judgments on the topic.

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The Icj And Municipal Law: The Precedential Effect Of The Avena And Lagrand Decisions In U.S. Courts, Philip V. Tisne Jan 2005

The Icj And Municipal Law: The Precedential Effect Of The Avena And Lagrand Decisions In U.S. Courts, Philip V. Tisne

Fordham International Law Journal

This Note argues that neither the framers of the Optional Protocol (“the Framers”), nor the U.S. Senate that ratified it, intended to delegate to the ICJ the authority to interpret the Vienna Convention as a matter of U.S. law. Part I of this Note describes the role and function of international law in the U.S. domestic legal system. Part I then presents the structure and history of the Permanent Court of International Justice (“PCIJ”) and the ICJ (collectively, “the World Courts”). Part I also describes the history and relevant provisions of the Vienna Convention and the Optional Protocol. Part II …

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Introduction: One Hundred Years Of International Law At Fordham University, William Michael Treanor Jan 2005

Introduction: One Hundred Years Of International Law At Fordham University, William Michael Treanor

Fordham International Law Journal

In the past 100 years, the connotations of the term "international" have changed dramatically. The ideas we have of concepts such as "international communication" and "global travel" are dramatically different from what those concepts would have meant to our forebears - if they had even thought in such terms. But an international perspective is not new at Fordham Law School. The idea of the interconnectedness of our social and legal systems with those of other Nations is one of the foundational values of our school, and it has shaped our history since we opened our doors 100 years ago.

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