Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- LSC (6)
- Legal Services Corporation (6)
- Public interest (6)
- Ethics (4)
- Restrictions (4)
-
- A-95 Review (2)
- Community lawyering (2)
- Environment (2)
- Expert testimony (2)
- Federal housing funding (2)
- Federal legislation (2)
- Housing and Urban Development Act (2)
- Judicial independence (2)
- Land use planning (2)
- Legal representation (2)
- Low income (2)
- Poor communities (2)
- Poverty (2)
- Sentencing (2)
- Sprawl (2)
- Urban and suburban growth (2)
- Urban development (2)
- Administrative discretion (1)
- Alan Houseman (1)
- Alexander Forger (1)
- Article III judges (1)
- Capital punishment (1)
- Carry licenses (1)
- Civil protection (1)
- Clinics (1)
Articles 1 - 29 of 29
Full-Text Articles in Law
Securities Arbitration: A Clinical Experiment, Constantine N. Katsoris
Securities Arbitration: A Clinical Experiment, Constantine N. Katsoris
Fordham Urban Law Journal
This Article discusses the use of non-attorneys in representing such clients, as well as pro se representation by such claimants. It then describes the efforts of the Securities and Exchange Commission ("SEC") to ensure that such claimants have access to adequate and effective representation through the use of law school clinics. Finally, this Article raises numerous issues that must be considered before establishing such clinics, and concludes that proper planning and adjustment is necessary for a successful clinical program.
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Legislative Issues Panel, Steven Epstein
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Legislative Issues Panel, Steven Epstein
Fordham Urban Law Journal
Each speaker is going to deliver some opening remarks followed by an open discussion with the audience. The Legislative Panel includes Alexander Forger, Dwight Loines, Dennis Saffran and Alan Houseman.
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Address: The Future Of Legal Services, Alexander D. Forger
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Address: The Future Of Legal Services, Alexander D. Forger
Fordham Urban Law Journal
This address focuses on what is the future of legal services? There will always be the ability to provide legal services for many of those in need. We are never going to reach all eligible clients or resolve all their problems. But it is essential to keep pressure on the federal government to play its essential role. How can it walk away from all of the mandates in our fundamental documents and leave it to charity to assume access to justice? There could be no more nobler cause with which to be associated, and no more dedicated and heroic figures …
A Rational Discussion Of Current Drug Laws, Nicholas Deb. Katzenbach
A Rational Discussion Of Current Drug Laws, Nicholas Deb. Katzenbach
Fordham Urban Law Journal
This article that declaring a "war" on drugs was bad policy. It argues that the bad effects of the laws against drugs outweigh its benefits and argues for a new approach to legislation on drug use.
Municipal Liability For Failure To Investigate Citizen Complaints Against The Police, Hazel Glenn Beh
Municipal Liability For Failure To Investigate Citizen Complaints Against The Police, Hazel Glenn Beh
Fordham Urban Law Journal
This article briefly describe the emerging professionalism of law enforcement and, within this context, discuss the risks and benefits associated with current models for receiving and reviewing citizen complaints against police officers. Part IV discusses courts' application of the deliberate indifference standard to claims that a citizen complaint procedure is inadequate and summarizes litigation in several small and large communities employing the various models for complaint review. Additionally, Part IV examines the issues of proof raised in Canton and reinforced in Brown. The Article divides the cases by the models employed; however, the potential deficiencies in any model and the …
Constitutional Challenges To New York State's Death Penalty Statute, John M. Shields
Constitutional Challenges To New York State's Death Penalty Statute, John M. Shields
Fordham Urban Law Journal
New York State's death penalty statute is constitutionally flawed in many respects. It violates the state and federal prohibition against cruel and unusual punishment and provides unrestricted prosecutorial discretion to pursue the death penalty. This standardless and unfettered discretion creates the risk of arbitrary or discriminatory application of capital punishment.
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Foreword, Steven Epstein, Eric B. Fields, Jack E. Pace Iii, Staci Rosche
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Foreword, Steven Epstein, Eric B. Fields, Jack E. Pace Iii, Staci Rosche
Fordham Urban Law Journal
This article seeks to address issues of lawyering under Legal Services Corporation (LSC) restrictions . We organized the conference as part of Fordham's Advanced Seminar in Ethics and Public Interest Law. We comprised a student working group in the class who worked to organize the conference with the Legal Aid Society and the Stein Center for Ethics and Public Interest Law. The conference, held on May 30, 1997, brought together practitioners, academics, and law students to discuss the delivery of legal services under the federal restrictions. In the remarks that follow, participants address the issues germane to lawyering under the …
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Opening Remarks, John D. Feerick
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Opening Remarks, John D. Feerick
Fordham Urban Law Journal
Opening Remarks to "The Future of Legal Services: Legal and Ethical Implications of the LSC Restrictions"
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Address: Interpretations Of Lsc Restrictions, Matthew Diller, Alan W. Houseman
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Address: Interpretations Of Lsc Restrictions, Matthew Diller, Alan W. Houseman
Fordham Urban Law Journal
The purpose of this talk is to set a framework for the discussions on the four panels. I will begin by discussing what has happened in the 104th Congress, describe what can and cannot be done under the restrictions imposed by that Congress, and then frame the context for the later discussions.
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Implementation Issues Panel, Staci Rosche
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Implementation Issues Panel, Staci Rosche
Fordham Urban Law Journal
A distinguished panel including Shirley Traylor, Jill Boskey, Valerie Bogart and Lucy Billings will describe how they have been directly affected in implementing the restrictions that have been handed down and how they have made their lives a little bit harder.
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Constitutional Issues Panel, Matthew Diller
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Constitutional Issues Panel, Matthew Diller
Fordham Urban Law Journal
There have been three lawsuits brought that deal with these constitutional issues, two challenges to the Regulations and one opposition to a motion to withdraw, which was the VarshavskyI case that Valerie Bogart talked about. The decision in the Varshavsky case is outside. There is also a preliminary injunction decision from the case brought in Hawaii,2 of which Steve Shapiro is one of the counsel, and that decision is outside. And then, still pending is a decision on a preliminary injunction motion in a case called Velasquez,3 which was brought in the Eastern District of New York. Here to address …
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Ethics Issues Panel, Russell G. Pearce
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Ethics Issues Panel, Russell G. Pearce
Fordham Urban Law Journal
This panel focuses on the ethical issues relating to the restrictions, and speakers include Helaine Barnett, Emily Sack, Steve Ellmann and Stephen Gillers.
"Reasonable Accommodation" Under The Federal Fair Housing Amendments Act, Robert L. Schonfeld
"Reasonable Accommodation" Under The Federal Fair Housing Amendments Act, Robert L. Schonfeld
Fordham Urban Law Journal
This article reviews the legislative history and case law of the Fair Housing Act. It reviews the elements of a claim for reasonable accommodations for persons with disabilities under the FHA. It argues that some courts have incorrectly interpreted the statute restrictively defying the intentions of the drafters of the statute.
Junk Science - The Lawyer's Ethical Responsibilities, Dick Thornburgh
Junk Science - The Lawyer's Ethical Responsibilities, Dick Thornburgh
Fordham Urban Law Journal
This article argues that many judges lack the capacity to distinguish between experts witnesses who make use of rigorous scientific research and those who rely on "junk science" - conclusions based on insufficient research. It notes that judicial standards for admissibility of expert testimony are not sufficient to prevent the introduction of junk science in to the courtroom. It concludes with a suggestion for a more rigorous process for vetting scientific evidence that is admitted in court.
To Profit Or Not-To-Profit: An Examination Of Executive Compensation In Not-For-Profit Organizations Contracting With New York City
Fordham Urban Law Journal
This report examined the compensation practices of not-for profit (NFP) organizations that have contracts with New York City.It reports the compensations statistics for NFP's contracting with the city. It also reports that many of these organizations did not comply with the regulations requiring public access to NFP's Annual Returns.
Closing The Courts To Felonious Plaintiffs Who Are Injured By Their Own Conduct: A Case For Codifying Common Sense, Michael A. L. Balboni
Closing The Courts To Felonious Plaintiffs Who Are Injured By Their Own Conduct: A Case For Codifying Common Sense, Michael A. L. Balboni
Fordham Urban Law Journal
This article argues that criminals should not be allowed to bring civil tort suits against the victims of their crimes. It analyzes cases that allow and do not allow recovery by criminal for injuries occurring during the commission of a crime. The article closes with a plea for legislative reform to disallow criminal the protections of law while in the act of committing a crime.
United States V. O'Hagan: The Supreme Court Abandons Textualism To Adopt The Misappropriation Theory, Amy E. Fahey
United States V. O'Hagan: The Supreme Court Abandons Textualism To Adopt The Misappropriation Theory, Amy E. Fahey
Fordham Urban Law Journal
This article analyzes the Supreme Courts ruling in United States v. O'Hagen holding that Section 10(b) of the Securities and Exchange Act can be applied to insider trading by corporate outsiders. The article argues that the Supreme Court incorrectly expanded the reach of the statute beyond that which Congress had intended.
Questioning The Admissibility Of Nonscientific Testimony After Daubert: The Need For Increased Judicial Gatekeeping To Ensure The Reliability Of All Expert Testimony, Kristina L. Needham
Questioning The Admissibility Of Nonscientific Testimony After Daubert: The Need For Increased Judicial Gatekeeping To Ensure The Reliability Of All Expert Testimony, Kristina L. Needham
Fordham Urban Law Journal
This article examines the difficulty of finding a proper standard for evaluating non-scientific expert testimony. It analyzes the legal standard for the admission of expert testimony as set out in the Federal Rule of Evidence and the Daubert case. It reviews a split in courts as to how to apply these standards to non-scientific expert testimony. It ends with some proposals for the application of Daubert to non-scientific expert testimony and suggests an amendment to the Federal Rules of evidence.
Protecting Property Rights With Strict Scrutiny: An Argument For The "Specifically And Uniquely Attributable" Standard , Daniel Williams Russo
Protecting Property Rights With Strict Scrutiny: An Argument For The "Specifically And Uniquely Attributable" Standard , Daniel Williams Russo
Fordham Urban Law Journal
This article analyzes three levels of scrutiny states have applied to regulatory takings cases. These include 'judicial deterrence", "rational nexus", and "specifically and uniquely attributable". The author argues that the first two standards are inefficient and concludes in favor of the "specifically and uniquely attributable" standard.
Harnessing Payne: Controlling The Admission Of Victim Impact Statements To Safeguard Capital Sentencing Hearings From Passion And Prejudice, Beth E. Sullivan
Harnessing Payne: Controlling The Admission Of Victim Impact Statements To Safeguard Capital Sentencing Hearings From Passion And Prejudice, Beth E. Sullivan
Fordham Urban Law Journal
This article begins by tracing the historical development of victim impact evidence through Supreme Court jurisprudence and state legislation and analyzes their use in the sentencing of phase capital punishment trials. It argues that the Supreme Court's decision in Payne V Tennessee allowing a jury to consider victim impact evidence in capital punishment sentencing is troublesome in light of a capital punishment defendant's constitutional rights, the history of the death penalty and traditional sentencing procedures. It concludes with a proposal for guidelines to regulates the use of such evidence in capital punishment sentencing,
Walking A Tightrope: Redrawing Congressional District Lines After Shaw V. Reno And Its Progeny, Donovan L. Wickline
Walking A Tightrope: Redrawing Congressional District Lines After Shaw V. Reno And Its Progeny, Donovan L. Wickline
Fordham Urban Law Journal
The Supreme Court's decision in Shaw V. Reno forbade the drawing of congressional district lines so that minorities would make up a larger percentage of the voting population. This note explores the tension between this ruling and the section of the Voting Rights Act requiring that minorities be fully represented within their congressional districts. It argues that the two rulings do not necessarily conflict. It concludes that the Court should clarify the meaning and role of "compactness" in redistricting and provide guideposts for legislators litigants, and courts involved in the reapportionment process.
Opening Address For The Seventh Annual Stein Center Symposium On Contemporary Urban Challenges, Peter Edelman
Opening Address For The Seventh Annual Stein Center Symposium On Contemporary Urban Challenges, Peter Edelman
Fordham Urban Law Journal
This article is a published version of the opening address of Peter Edelman at the Seventh Annual Stein Center Symposium on Contemporary Urban Challenges, which identifies the challenges in lawyering to the poor and proposes approaches for lawyers to reduce poverty. Peter Edelman's speech challenges the private Bar to take on greater responsibility in helping to formulate policy that will work to eradicate the plight of the poor, calls for greater lawyer involvement in policy adaptation and implementation, identifies new roles that lawyers can and should play in helping to build and strengthen community institutions, and maintains that community building …
Lawyering For Poor Communities In The Twenty-First Century, Matthew Diller
Lawyering For Poor Communities In The Twenty-First Century, Matthew Diller
Fordham Urban Law Journal
This Symposium focuses on a renewed focus on community lawyering. Finding new ways to work with and engage poor communities is among the most important pieces of any new agenda for poverty law. By focusing on the goal of building community institutions and organizations, poverty lawyers can help poor communities in a number of vital ways. First, they can help communities create structures for the provision of services that government has failed to provide. Thus, poverty lawyers can provide much needed legal representation in the establishment of community-based housing, health care, day care and other programs that meet vital needs. …
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
Fordham Urban Law Journal
This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development, and concludes by advocating the need for more comprehensive federal legislation on land use. Part I provides a historical development of land use policies and laws. Part II describes patterns of urban and suburban growth and their consequences, such as the decline of the viability of cities and the loss of agricultural land. Part III discusses the government's spending on infrastructure and the results of …
Forward: Is There A Threat To Judicial Independence In The United States Today?, Maria L. Marcus
Forward: Is There A Threat To Judicial Independence In The United States Today?, Maria L. Marcus
Fordham Urban Law Journal
This foreword gives a brief background on the panel discussion to ensue, which illustrates the dilemma surrounding the external pressure public criticism places on judges and how it affects judicial independence.
Is There A Threat To Judicial Independence In The United States Today? Roundtable Discussion, Roundtable Discussion
Is There A Threat To Judicial Independence In The United States Today? Roundtable Discussion, Roundtable Discussion
Fordham Urban Law Journal
This roundtable discussion poses the question of whether there is a threat to judicial independence in the United States today and, if so, what it is, to a panel of five judges composed of Honorable William H. Walls, Honorable Edward R. Becker, Honorable Morton I. Greenberg, Honorable Jan E. DuBois, and Honorable Stanley Sporkin. Some discuss what they consider the great stall by a partisan majority Senate to confirm judicial nominations, while others argue they have encountered no threat to their judicial independence, which allows for unpopular decisions to be made. Another concern discussed is that for state judges that …
Judicial Efficiency: Is There A Vacancy Crisis Threatening The Nation's Judicial System?, Panel Discussion
Judicial Efficiency: Is There A Vacancy Crisis Threatening The Nation's Judicial System?, Panel Discussion
Fordham Urban Law Journal
A panel composed of Honorable John F. Keenan, Michael Armstrong, Otto Obermaier, Honorable Michael Schattman, and Stephan Kline discuss whether the vacancy rate in the judiciary threatens erosion of the quality of justice. The panelists discuss whether the problem involves the White House's inability to work with the Senate Judiciary Committee, people of different persuasions, to move judicial candidates along. They also discuss how our system is dependent upon people who are older (senior judges), who are retired, who are entitled to move on, having to fill the vacancies. The panel discussion was followed by a short ceremony to unveil …
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
Fordham Urban Law Journal
This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development, and concludes by advocating the need for more comprehensive federal legislation on land use. Part I provides a historical development of land use policies and laws. Part II describes patterns of urban and suburban growth and their consequences, such as the decline of the viability of cities and the loss of agricultural land. Part III discusses the government's spending on infrastructure and the results of …
Why The New York State System For Obtaining A License To Carry A Concealed Weapon Is Unconstitutional, Suzanne Novak
Why The New York State System For Obtaining A License To Carry A Concealed Weapon Is Unconstitutional, Suzanne Novak
Fordham Urban Law Journal
The New York State administrative system for obtaining a license to carry a concealed weapon violates the state constitution and the tenets of administrative law vital to a democratic society. This article discusses the failures of the New York State administrative procedures for issuing carry licenses. In addition, this article asserts that by avoiding policy determinations, the legislature has created a system that disadvantages both individual applicants and the public at large. This article concludes that both the New York Legislature and courts must act to rectify the state's unconstitutional and undemocratic scheme for issuing carry licenses.