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Articles 1 - 30 of 59
Full-Text Articles in Law
Re-Conceptualizing Poverty Law Clinical Curriculum And Legal Services Practice: The Need For Generalists, Jonel Newman
Re-Conceptualizing Poverty Law Clinical Curriculum And Legal Services Practice: The Need For Generalists, Jonel Newman
Fordham Urban Law Journal
This Essay argues that law schools should adopt a program for training more legal generalists, especially in the field of poverty law. Furthermore, poverty law clinics should be the vehicle used to train these generalists.
A Role For Disciplinary Agencies In The Judicial Selection Process, Robert H. Tembeckjian
A Role For Disciplinary Agencies In The Judicial Selection Process, Robert H. Tembeckjian
Fordham Urban Law Journal
This article discusses the role of judicial disciplinary agencies. The article first summarizes the currently defined roles of these agencies and the methods they employ for monitoring and disciplining judges. The article then discusses whether it would be appropriate for these agencies to become more involved in the process of judicial selection and work to vet and investigate candidates.
Symposium On Rethinking Judicial Selection: A Critical Appraisal Of Appointive Selection For State Court Judges, William Michael Treanor
Symposium On Rethinking Judicial Selection: A Critical Appraisal Of Appointive Selection For State Court Judges, William Michael Treanor
Fordham Urban Law Journal
This introduction dedicates this edition of the Urban Law Journal to the memory of Judge Marilyn Hall Patel. Judge Patel is known as a judge of the greatest independence and integrity, and her opinions reflect both her concern with the judicial craft and her inspiring commitment to justice and fairness.
Creeping Impoverization: Material Conditions, Income Inequality, And Erisa Pedagogy Early In The 21st Century, Maria O'Brien Hylton
Creeping Impoverization: Material Conditions, Income Inequality, And Erisa Pedagogy Early In The 21st Century, Maria O'Brien Hylton
Fordham Urban Law Journal
This Essay argues that the current trend focusing on the law and economics theory does a disservice to the full-spectrum of legal issues. Law and economics, according to the author, is a value -neutral approach to the law. It fails to take into account poverty and other social values when thinking about the law. Finally, law schools should recalibrate their approach and, in some instances, take social values into account when teaching the law.
What Makes A Good Appointive System For The Selection Of State Court Judges: The Vision Of The Symposium, Norman L. Greene
What Makes A Good Appointive System For The Selection Of State Court Judges: The Vision Of The Symposium, Norman L. Greene
Fordham Urban Law Journal
This Article contains two parts. First, it sets forth the context of the symposium, including reflections on how judges are being selected now through the elective process, the need for a better approach to judicial selection, and the particular climate in New York at the time of the symposium and thereafter. The New York discussion will focus on the district court and Second Circuit decisions in Lopez Torres v. New York State Board of Elections, which exposed and struck down as unconstitutional New York’s scheme for selecting certain trial court judges, under which political party leaders dictated judicial selection. Second, …
Rethinking Judicial Nominating Commissions: Independence, Accountability, And Public Support , Joseph A. Colquitt
Rethinking Judicial Nominating Commissions: Independence, Accountability, And Public Support , Joseph A. Colquitt
Fordham Urban Law Journal
The Article focuses on one of the pillars of the judicial appointive process, the judicial nominating commission, suggesting that all jurisdictions should have judicial nominating commissions. A judicial nominating commission exists to screen and select nominees for judgeships. This article envisions and describe a system that more likely will result in selecting the right person for the bench.
Beyond Quality: First Principles In Judicial Selection And Their Application To A Commission-Based Selection System, Jeffrey D. Jackson
Beyond Quality: First Principles In Judicial Selection And Their Application To A Commission-Based Selection System, Jeffrey D. Jackson
Fordham Urban Law Journal
This article discusses the principles that the judicial system should advance in the selection of its judges. In addition to judicial quality, there are five other “first principles” that should be advanced in an optimal selection system: independence, accountability, representativeness, legitimacy, and transparency.
Judicial Performance Review: A Balance Between Judicial Independence And Public Accountability, Jean E. Dubofsky
Judicial Performance Review: A Balance Between Judicial Independence And Public Accountability, Jean E. Dubofsky
Fordham Urban Law Journal
This article discusses judicial appointment and judicial independence in Colorado. The article argues that in Colorado, the independence of the judiciary needs to be protected, perhaps more than at any other time in the state’s history. While public accountability is important, it is achieved through the executive and legislative branches of the government. The courts function best if judges are free to decide each case without regard to how the general public might put a thumb on the scales of justice. To the degree that judicial performance commissions can protect judicial independence, while providing voters in retention elections with sufficient …
Rethinking Judicial Selection: A Critical Appraisal Of Appointive Selection For State Court Judges, John D. Feerick
Rethinking Judicial Selection: A Critical Appraisal Of Appointive Selection For State Court Judges, John D. Feerick
Fordham Urban Law Journal
Transcript of the keynote address delivered at Fordham University School of law on April 7, 2006. The speaker discusses the various shortcomings in the judicial selection methodology in New York State and what he and others have thought of as solutions for the problems.
A View From The Ground: A Reform Group’S Perspective On The Ongoing Effort To Achieve Merit Selection Of Judges, Shira J. Goodman, Lynn A. Marks
A View From The Ground: A Reform Group’S Perspective On The Ongoing Effort To Achieve Merit Selection Of Judges, Shira J. Goodman, Lynn A. Marks
Fordham Urban Law Journal
This article describes the history of judicial selection in the state of Pennsylvania. It describes the judicial selection reform movement and the growth of the organization Pennsylvanians for Modern Courts ("PMC") which devises solutions to meet the various challenges to judicial integrity in Pennsylvania. It focuses on the merit system that PMC has been trying to achieve for Pennsylvania's appellate courts.
The Judicial Independence Through Fair Appointments Act, Norman L. Greene
The Judicial Independence Through Fair Appointments Act, Norman L. Greene
Fordham Urban Law Journal
The Judicial Independence Through Fair Appointments Act is a model act which provides a merit-based system for selecting a qualified, independent, accountable, and diverse judiciary based onclose study of existing systems. It provides the entire structure of a judicial selection by appointment system, building on concepts in established commission-based appointment plans and incorporating important refinements.
Help Wanted: Is There A Better Way To Select Judges?, Luke Bierman
Help Wanted: Is There A Better Way To Select Judges?, Luke Bierman
Fordham Urban Law Journal
This article gives an anecdotal account of the authors attempt to apply for a position as a State Court Judge that he saw posted in the newspaper. The article uses the job posting concept as a starting point to argue that the system of judicial appointment in New York needs to be reworked and there needs to be new and creative solutions brought into the discussion.
Enriching Judicial Independence: Seeking To Improve The Retention Vote Phase Of An Appointive Selection System, John F. Irwin, Daniel L. Real
Enriching Judicial Independence: Seeking To Improve The Retention Vote Phase Of An Appointive Selection System, John F. Irwin, Daniel L. Real
Fordham Urban Law Journal
This article discusses the problems and potential solutions with the system of judicial appointment in the state of Nebraska. The article focuses on how improving public awareness about the existing system, its goals, and its current weaknesses, and implementing steps to address those weaknesses, will help to keep everyone moving toward the best possible system. While changing attitudes and interest in judicial retention elections is certainly not an easy task, it is only through seeking such change that reformers of an elective retention system can hope to near its potential effectiveness.
Wyoming’S Judicial Selection Process: Is It Getting The Job Done?, Marilyn S. Kite
Wyoming’S Judicial Selection Process: Is It Getting The Job Done?, Marilyn S. Kite
Fordham Urban Law Journal
This article explains Wyoming’s commission based judicial selection process, studies how it has performed over the years, and looks to see what lessons we can learn from that history, and consider how it can be improved. Throughout this Article, the focus will be on what attributes of a judicial selection system best result in an independent, accountable, and vibrant judiciary.
English Reforms To Judicial Selection: Comparative Lessons For American States? , Judith L. Maute
English Reforms To Judicial Selection: Comparative Lessons For American States? , Judith L. Maute
Fordham Urban Law Journal
This article offers a brief comparative look at American and British jurisprudential pending selection reforms, and argues that American states could improve their appointive systems by incorporating modern personnel recruitment and hiring practices. To restore public confidence in the courts, people must believe that judges exercise legitimate authority, undistorted by personal or partisan preferences. Beyond changes to the structural selection process in the Constitutional Reform Act, the extended conversations are bringing about foundational cultural shifts in the role of judges and their manner of selection. We could learn much from Britain’s modernized appointive system that aims to be open, transparent, …
A Comparison Of The Criminal Appellate Decisions Of Appointed State Supreme Courts: Insights, Questions, And Implications For Judicial Independence, Aman L. Mcleod
Fordham Urban Law Journal
This Article presents the results of a study conducted to see whether state supreme courts selected in states with dissimilar appointment systems differ in the way they decide criminal appeals. Comparing the criminal decisions of courts selected with different appointment systems may also suggest something about how different appointment systems impact judicial independence.
Designing An Appointive System: The Key Issues, G. Alan Tarr
Designing An Appointive System: The Key Issues, G. Alan Tarr
Fordham Urban Law Journal
This article contains a selection of advice on how to improve the judicial selection system. The article explains that reconsideration of the judicial appointive systems must include both the broadly theoretical and the intensely practical. It should identify the key questions that must be addressed in creating a system of judicial appointment, elaborate and defend the principles that should guide choices among alternative appointive systems, and clarify how those principles can be translated into institutional arrangements that will advance the goal of a quality judiciary. This reconsideration should also take seriously the arguments and claims of those who oppose the …
Enhancing Diversity In An Appointive System Of Selecting Judges, Leo M. Romero
Enhancing Diversity In An Appointive System Of Selecting Judges, Leo M. Romero
Fordham Urban Law Journal
This Article examines the different measures that states, with a particular focus on New Mexico, have adopted in order to enhance diversity in their appointive systems and proposes ways to structure an appointive system that gives due consideration to concerns about diversity. This Article concludes that an appointive system should be designed to require consideration of diversity in the composition of nominating commissions and in the evaluation of applicants.
Appointing Judges The European Way, Mary L. Volcansek
Appointing Judges The European Way, Mary L. Volcansek
Fordham Urban Law Journal
This Article looks at methods of judicial selection in Europe as a way to contrast and perhaps better understand and improve the systems of judicial selection used in the United States. The article argues that in Europe, judicial independence is prized above and beyond any other possible positive trait. The democratic legitimacy of European judges derives from the intimate connection between democracy and the rule of law. Legitimacy does not attach, in the public eye, to a single political institution, but rather to the system as a whole.
Careful What You Wish For: Tough Questions, Honest Answers, And Innovative Approaches To Appointive Judicial Selection, Steven Zeidman
Careful What You Wish For: Tough Questions, Honest Answers, And Innovative Approaches To Appointive Judicial Selection, Steven Zeidman
Fordham Urban Law Journal
This Essay, informed in significant part by personal experience, examines in greater detail some of the common features of appointive systems, and in the process raises issues, concerns, and questions. Every step of the way the goal remains the same—to devise an appointive system most likely to yield as outstanding a judiciary as possible.
A Cancer On The Republic: The Assault Upon Impartiality Of State Courts And The Challenge To Judicial Selection, Donald L. Burnett
A Cancer On The Republic: The Assault Upon Impartiality Of State Courts And The Challenge To Judicial Selection, Donald L. Burnett
Fordham Urban Law Journal
This Article examines judicial impartiality in the context of the state courts. Section I endeavors to show how impartial state courts are essential to fulfilling the constitutional guarantees of a republican form of government and of due process and equal protection of the law. Section II describes the current assault upon the impartiality of state courts, and Section III suggests several ways in which this cancer on the republic can be slowed or reversed—by specific actions within, or related to, the judicial selection process.
Affordable Housing, Land Tenure, And Urban Policy: The Matrix Revealed, J. Peter Byrne, Michael Diamond
Affordable Housing, Land Tenure, And Urban Policy: The Matrix Revealed, J. Peter Byrne, Michael Diamond
Fordham Urban Law Journal
This Article describes the policies advanced by housing programs and shows where tension between the policies and programs exists. This Articles also attempts to organize and clarify the relationships among various goals of subsidized housing policy and the elements of programs adopted to meet them. The Article then proceeds by detailing eight possible objectives of subsidized housing and considers how different housing programs may or may not accomplish these objectives.
Urban Revitalization In The Post-Kelo Era, Lynn E. Blais
Urban Revitalization In The Post-Kelo Era, Lynn E. Blais
Fordham Urban Law Journal
An ongoing urban revitalization project arrested by legislative reponses to the Kelo decision is likely to play out in many cities and towns across the country in the next few years. Since Kelo was decided, thirty-four states have adopted some responsive legislation or constitutional amendment. These new laws, to varying degrees and using various mechanisms, limit the power of state and local governments to use eminent domain to faciliate economic redevlopment projects. This Article explores the reach of these statutes and their likely consequences for ongoing and future urban revitalization project.
The Houses That Eminent Domain And Housing Tax Credits Built: Imagining A Better New Orleans, Carol Necole Brown, Serena M. Williams
The Houses That Eminent Domain And Housing Tax Credits Built: Imagining A Better New Orleans, Carol Necole Brown, Serena M. Williams
Fordham Urban Law Journal
Proposals for investing in and rebuilding urban enclaves such as New Orleans are layered with controversy and difficulty. One of the most significant impediments to rebuilding New Orleans will be addressing the need to replenish the depleted rental housing market. Racial and economic integration of housing markets and appropriate use of private sector money to replenish the rental housing stock within a "reasonable" time period are indispensable components of a responsible revitalization and renewal plan. This Article contends that a combination of the smart exercise of eminent domain and of "housing production subsidies" -- housing tax credits -- is necessary …
Brownfields At 20: A Critical Reevaluation, Joel B. Eisen
Brownfields At 20: A Critical Reevaluation, Joel B. Eisen
Fordham Urban Law Journal
This Articles looks at brownfields policies in one state, New Jersey, and suggests how to make the approach of brownfields revitalization more development-centered and less developer-centered. Following a basic description of the New Jersey Program, this Article discusses two specific developments, the BDA initiative and the recent "Grace Period Rule," that changed some aspects of the program.
How Can Adr Alleviate Long-Standing Social Problems?, Kenneth R. Feinberg
How Can Adr Alleviate Long-Standing Social Problems?, Kenneth R. Feinberg
Fordham Urban Law Journal
Keynote Address at Inaugual Fordham Dispute Resolution Society Symposium: "ADR as a Tool for Achieving Social Justice."
The Use Of Adr Involving Local Governments: The Perspective Of The New York City Corporation Counsel, Michael A. Cardozo
The Use Of Adr Involving Local Governments: The Perspective Of The New York City Corporation Counsel, Michael A. Cardozo
Fordham Urban Law Journal
Alternative dispute resolution can sometimes be a very useful and powerful tool in resolving social problems in which local governments find themselves. But ADR is not the answer to resolving much of the litigation involving disputes over governmental policy. Generally, there are three different types of governmental disputes potentially susceptible to ADR treatment: Money disputes, land use and enironmental controversities, and claims by a particular group of people that a specific social policy being pursued or not pursued by the government is somehow illegal.
Achieving Better Outcomes For Litigants In The New York State Courts, Chief Administative Judge Jonathan Lippman
Achieving Better Outcomes For Litigants In The New York State Courts, Chief Administative Judge Jonathan Lippman
Fordham Urban Law Journal
Remarks at the Inaguargal Fordham Dispute Reolution Society Symposium "ADR as a Tool for Achieving Social Justice."
City Governments And Predatory Lending, Jonathan L. Entin, Shadya Y. Yazback
City Governments And Predatory Lending, Jonathan L. Entin, Shadya Y. Yazback
Fordham Urban Law Journal
This Article assesses the legal challenges that cities can face in trying to deal with predatory lending. Part I provides an overview of the problem. Part II focuses on the common law and statutory claims that cities might bring, with particular emphasis on the evidentiary isses that cities can face and the requirements of standing that could severely limit the effectiveness of lawsuits brought by municipalities. The Article then turns to city efforts to regulate predatory lending pursuant to their home rule authority, efforts than can be stymied both by state laws that supersede municipal ordinances and federal regulations that …
Undermining Individual And Collective Citizenship: The Impact Of The Exclusion Laws On The African-American Community, S. David Mitchell
Undermining Individual And Collective Citizenship: The Impact Of The Exclusion Laws On The African-American Community, S. David Mitchell
Fordham Urban Law Journal
The purpose of this Article is to demonstrate that felon exclusion laws are not race neutral and that the application of the laws has a racially discriminatory effect, and to call for their abolition. The laws contribute to the erosion of citizenship rights for the individual African-American ex-felon, and the undermining of the collective citizenship rights of the larger African-American community. Part II discusses the conceptualization of citizenship that underscores the premise of the Article. Part III discusses the exclusions that ex-felons encounter and the resulting impact on the individual and the community. Using Alabama as a case study, Part …