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Articles 1 - 30 of 49
Full-Text Articles in Law
Connecting Self-Representation To Civil Gideon: What Existing Data Reveal About When Counsel Is Most Needed, Russell Engler
Connecting Self-Representation To Civil Gideon: What Existing Data Reveal About When Counsel Is Most Needed, Russell Engler
Fordham Urban Law Journal
Over the past decade, the phenomenon of self-representation in civil cases has led to the development of programs designed to facilitate self-representation. A revitalized movement seeking to establish a civil right to counsel has emerged (civil Gideon, a civil right to counsel based on Gideon v. Wainwright), pressing for the expansion of the availability of counsel for the poor. What are the scenarios in which full representation by counsel is most needed? Part of this question involves policy choices as to the importance of what is at stake in the proceeding. Part of this question, however, is a research question: …
Federalism, Subsidiarity, And The Role Of Local Governments In An Age Of Global Multilevel Governance, Yishai Blank
Federalism, Subsidiarity, And The Role Of Local Governments In An Age Of Global Multilevel Governance, Yishai Blank
Fordham Urban Law Journal
This article argues that current legal and political systems are incapable of dealing with human conflicts on multiple spheres (federal, state, local) simultaneously. The two dominant political theories that are supposed to solve this problem - federalism and subsidiarity, are inadequate. This article then argues that federalism and subsidiarity must be understood as distinct from one another, and subsidiarity is a better fit for the task of articulating multi-level governance, even if only as a tool for loosening the grip of federalism over our political and legal theory.
The Promise And Limits Of Local Human Rights Internationalism, Lesley Wexler
The Promise And Limits Of Local Human Rights Internationalism, Lesley Wexler
Fordham Urban Law Journal
The fourth of a multi-part series of papers that takes a supportive but critical look at the project of bringing international law home. This article focuses on cities as a vital pathway to bring the human rights discussion from the international to the local.
Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard A. Leo
Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard A. Leo
Fordham Urban Law Journal
The debate sparked by Herring v. United States is a microcosm of the quintessential debate about the scope of the Fourth Amendment’s exclusionary rule and ultimately the appropriate breadth of police authority and constitutional review by courts. Offering a new reading of the decision, this article argues that Herring reflects a healthy dosage of real politic and an acknowledgment that American policing is characterized by a fragmented, localized structure with little overview and control, and much reliance on local agencies. Part I presents the authors’ interpretation of Herring as a case hinging upon the question “who made the mistake?” as …
The Rise And Fall Of Employer Sanctions, David Bacon, Bill O. Hing
The Rise And Fall Of Employer Sanctions, David Bacon, Bill O. Hing
Fordham Urban Law Journal
No abstract provided.
Asylum Rights And Wrongs: What The Proposed Refugee Protection Act Will Do And What More Will Need To Be Done, Michele R. Pistone
Asylum Rights And Wrongs: What The Proposed Refugee Protection Act Will Do And What More Will Need To Be Done, Michele R. Pistone
Fordham Urban Law Journal
No abstract provided.
Decriminalizing Border Crossings, Victor C. Romero
Decriminalizing Border Crossings, Victor C. Romero
Fordham Urban Law Journal
No abstract provided.
Acculturating Forensic Science: What Is ‘Scientific Culture’, And How Can Forensic Science Adopt It?, Simon A. Cole
Acculturating Forensic Science: What Is ‘Scientific Culture’, And How Can Forensic Science Adopt It?, Simon A. Cole
Fordham Urban Law Journal
Part I, describes how the NAS Report characterizes “scientific culture.” I suggest that the described attributes of scientific culture are vague and unspecific, and that more thought is necessary to elucidate how they might map onto forensic science. In Part II, I suggest that the NAS Report’s characterization of “scientific culture” is based on popular accounts of science and “the scientific method.” I suggest that these accounts are incomplete, generally considered obsolete, and not particularly helpful in pointing a way toward reform of forensic science. In Part III, I posit a conception of science as work rather than method. In …
Forensic Science: Why No Research?, Paul C. Giannelli
Forensic Science: Why No Research?, Paul C. Giannelli
Fordham Urban Law Journal
The ground-breaking report on forensic science by the National Academy of Sciences—Strengthening Forensic Science in the United States: A Path Forward—raised numerous issues. One dominant theme that runs throughout the Report is the failure of some forensic science disciplines to comport with fundamental scientific principles—in particular, to support claims with empirical research. This essay attempts to answer the “why” question: Why was there a lack of research across so many forensic disciplines? For purposes of discussion, the time frame is divided into an early period and a recent period. The line of demarcation between the two eras is the advent …
The Nas Report: In Pursuit Of Justice, Geoffrey S. Mearns
The Nas Report: In Pursuit Of Justice, Geoffrey S. Mearns
Fordham Urban Law Journal
This article discusses the NSA report entitled “Strengthening Forensic Science in the United States: A Path Forward.” It argues that law enforcement officials should embrace the recommendations in the NAS report. The Committee identified many of the systemic problems that plague forensic science, and the report identified thirteen specific recommendations to address these systemic problems.
Back To Katz: Reasonable Expectation Of Privacy In The Facebook Age, Haley Plourde-Cole
Back To Katz: Reasonable Expectation Of Privacy In The Facebook Age, Haley Plourde-Cole
Fordham Urban Law Journal
Part I of this Note discusses the evolution of Fourth Amendment jurisprudence in reaction to advancing technology, the Supreme Court and circuit courts’ disposition in dealing with electronic “beeper” tracking (the technology that predated GPS), and the legal doctrine governing the government’s use of cellular phones to conduct surveillance of individuals both retroactively and in real-time. Part II examines the developing split among the federal circuits and state courts over whether GPS surveillance of vehicles constitutes a search, as well as the parallel concerns raised in recent published opinions by magistrate judges as to whether government requests for cell-site information …
The Need For A National Civil Justice Survey Of Incidence And Claiming Behavior, Theodore Eisenberg
The Need For A National Civil Justice Survey Of Incidence And Claiming Behavior, Theodore Eisenberg
Fordham Urban Law Journal
Civil justice issues – family law issues such as divorce and child custody, consumer victimization issues raised by questionable trade practices, and tort issues raised by surprisingly high estimated rates of medical malpractice, questionable prescription drug practices, and other behaviors – are part of the fabric of daily life. Yet we lack systematic quantitative knowledge about the primary events in daily life that generate civil justice issues. This paper explores the desirability of, and issues related to, creating a national civil justice survey (NCJS) analogous to the National Crime Victimization Survey. The need for information about civil justice issues and …
Access To Justice: Some Historical Comments, Lawrence M. Friedman
Access To Justice: Some Historical Comments, Lawrence M. Friedman
Fordham Urban Law Journal
This article sets out some preliminary thoughts on what "access to justice" might mean, and comment on how access to justice has fared historically.
Higher Demand, Lower Supply? A Comparative Assessment Of The Legal Resource Landscape For Ordinary Americans, Gillian K. Hadfield
Higher Demand, Lower Supply? A Comparative Assessment Of The Legal Resource Landscape For Ordinary Americans, Gillian K. Hadfield
Fordham Urban Law Journal
Systematic efforts to assess the legal landscape for the ordinary citizen - what legal services cost and what fraction of that cost is for real value - have been few and far between. Most studies focus instead on the performance of the legal system for corporate clients or on the delivery of legal services to the poor as a form of charity or welfare assistance. This article reviews and compares the few existing legal needs studies and looks for the macro indicators of the extent to which resources across the economy as a whole are devoted to providing legal inputs …
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 …
Nothing For Something? Denying Legal Assistance To Those Compelled To Participate In Adr Proceedings, Stephan Landsman
Nothing For Something? Denying Legal Assistance To Those Compelled To Participate In Adr Proceedings, Stephan Landsman
Fordham Urban Law Journal
The traditional view of the courts in their handling of unrepresented litigants has been that those who proceed pro se must look out for themselves and that there is no constitutional right to receive personal instruction from the trial judge on courtroom procedure. The opposing view, which has received increasing support, is that courts have a duty to ensure that pro se litigants do not lose their right to a hearing on the merits of their claim due to ignorance of technical procedural requirements. This Article explores the treatment of unrepresented litigants in ADR (alternative dispute resolution) settings, contends that …
The Challenges Of Calculating The Benefits Of Providing Access To Legal Services, J.J. Prescott
The Challenges Of Calculating The Benefits Of Providing Access To Legal Services, J.J. Prescott
Fordham Urban Law Journal
This essay explores how policymakers and other public-interested actors have empirically calculated the benefits of providing low-income access to legal services in the past, and how they might improve upon existing methods going forward. The author reviews, criticizes, and tries to build on two major civil justice needs studies, one published by the Legal Services Corporation in 2005 and the other by the American Bar Association in 1994. The author also briefly criticizes assertions that the public provision f services is necessarily counterproductive.
If We Don't Get Civil Gideon: Trying To Make The Best Of The Civil-Justice Market, Thomas D. Rowe Jr.
If We Don't Get Civil Gideon: Trying To Make The Best Of The Civil-Justice Market, Thomas D. Rowe Jr.
Fordham Urban Law Journal
This article considers what market-oriented or market-regulation approaches might be most practical and helpful in trying to satisfy unmet civil legal-service needs and how much it appears that such approaches may be able to succeed in doing so.
Access To Justice In A World Without Lawyers: Evidence From Texas Bodily Injury Claims, Charles Silver, David A. Hyman
Access To Justice In A World Without Lawyers: Evidence From Texas Bodily Injury Claims, Charles Silver, David A. Hyman
Fordham Urban Law Journal
Will tort reform capping contingency fees limit plaintiffs' ability to recover for their injuries? If self-representation is a viable option, contingency fees may have less of an impact on access than one might otherwise expect. Conversely, if tort recoveries flow only or mostly to plaintiffs who either actually hire lawyers or can credibly threaten to do so, caps on contingency fees may make it difficult or impossible for many victims to obtain justice. This article explores the issue by looking at patterns of representation among claimants who received payments for bodily injury in Texas during 1988-2005. Over an extended period …
Between Access To Counsel And Access To Justice: A Psychological Perspective, Nourit Zimmerman, Tom R. Tyler
Between Access To Counsel And Access To Justice: A Psychological Perspective, Nourit Zimmerman, Tom R. Tyler
Fordham Urban Law Journal
Looking into the pro se phenomenon, this paper will explore the lessons that can be learned from the experiences of the many individuals representing themselves in the American legal system today. Our interest in this paper will try to understand better the procedural values that matter to people and how they are related to having or not having professional legal representation. Does having a lawyer or not having a lawyer influence the experiences of lay people operating within the legal system, their evaluations of the process and the system, and of the outcomes obtained by them, and in what ways? …
Can Urban University Expansion And Sustainable Development Co-Exist?: A Case Study In Progress On Columbia University, Keith H. Hirokawa, Patricia E. Salkin
Can Urban University Expansion And Sustainable Development Co-Exist?: A Case Study In Progress On Columbia University, Keith H. Hirokawa, Patricia E. Salkin
Fordham Urban Law Journal
This article uses the expansion of Columbia University as a case study to demonstrate the difficulty in labeling projects as "sustainable" or "unsustainable" when key stakeholders view the process and outcomes of sustainability differently.
Access To Justice In A World Of Expanding Social Capability, Marc Galanter
Access To Justice In A World Of Expanding Social Capability, Marc Galanter
Fordham Urban Law Journal
"Access to Justice" was one of a set of intellectual triplets that appeared in the 1970s; its siblings were the dispute perspective in legal studies and the Alternative Dispute Resolution (ADR) movement. This article describes the evolution of access to justice and its companions and explores their expanding frontiers in the modern world.
Lawyering In Juvenile Court: Lessons From A Civil Gideon Experiment, Katherine Hunt Federle
Lawyering In Juvenile Court: Lessons From A Civil Gideon Experiment, Katherine Hunt Federle
Fordham Urban Law Journal
To understand how a good lawyering paradigm may nevertheless undermine client empowerment and perpetuate disability, it is necessary to appreciate the larger ethical debate about client autonomy. This Article will examine two dominant models of good lawyering and explore their implications for client choice and lawyer autonomy, with an emphasis on poverty lawyering. The Article then turns to a discussion of the lawyering experience in juvenile court to illustrate the ways in which dominant visions of the client as dependent, incompetent, and disabled affect not only the role and responsibilities of the attorney for the child but the extension of …
Introduction: 2008 Aba Section Of Litigation Access To Justice Symposium, Robert L. Rothman
Introduction: 2008 Aba Section Of Litigation Access To Justice Symposium, Robert L. Rothman
Fordham Urban Law Journal
The 2008 ABA Section of Litigation conducted a symposium designed to explore the challenges inherent in creation of a civil right to counsel and to generate critical though, dialogue, and scholarship on the subject.
Examining The Real Demand For Legal Services, Herbert M. Kritzer
Examining The Real Demand For Legal Services, Herbert M. Kritzer
Fordham Urban Law Journal
Legal needs are real, but can also be virtually open-ended. Studies tell us that 85% of the civil legal needs of low income persons are currently not being met but we have no idea as to what portion of that 85% legal assistance would meaningfully help to resolve those needs, or how the cost of providing that assistance compares to the benefit that would be generated. This article examines extant studies of legal needs, and concludes that there is a need for baseline data to enable us to assess the degree of legal need that takes into account the range …
Representation In Mediation: What We Know From Empirical Research, Roselle L. Wissler
Representation In Mediation: What We Know From Empirical Research, Roselle L. Wissler
Fordham Urban Law Journal
This Article first describes the proportion of unrepresented parties in mediation and the policies and practices regarding representation in different mediation contexts. The core of the Article examines the empirical findings on the effect of representation on several dimensions of the mediation process, including the effect on preparation for mediation, party perceptions of the fairness of the process and pressures to settle, the extent of party "voice" and participation in mediation, and the tone of the session. In addition, the Article examines the effect of representation on mediation outcomes, including the likelihood of settlement and the fairness of agreements reached. …
Lawyerless Dispute Resolution: Rethinking A Paradigm, Jean R. Sternlight
Lawyerless Dispute Resolution: Rethinking A Paradigm, Jean R. Sternlight
Fordham Urban Law Journal
This Article suggests that our failure to focus on the possible need for representation in mediation and arbitration is fundamentally misguided. Although legal representation is no doubt more important in some contexts than others, it is wrong to make the binary assumption that legal representation is always more important in litigation than in ADR processes; legal representation may often be critically important in ADR processes. Because many disputes will be finally resolved in ADR and because legal representation can be equally or even more important in ADR than in litigation, we need to focus simultaneously on improving representation in both …
Formalizing Local Citizenship, Peter J. Spiro
Formalizing Local Citizenship, Peter J. Spiro
Fordham Urban Law Journal
This essay highlights recent state and local policies relating to immigrants and the respects in which they reflect the community membership of those who do not have national citizenship, and makes a case for bundling measures premised on alien membership through the institutional challenge of citizenship. The article also explores the modalities of a formalized local citizenship.
"Sanctuary Cities" And Local Citizenship, Rose Cuison Villazor
"Sanctuary Cities" And Local Citizenship, Rose Cuison Villazor
Fordham Urban Law Journal
This article explores the ways in which sanctuary laws illustrate the tensions between national and local citizenship, and specifically examines the ways in which "sanctuary cities" have constructed membership for undocumented immigrants located within their jurisdictions.
Introduction To Symposium: The Future Of The Exclusionary Rule And The Aftereffects Of The Herring And Hudson Decisions, Barry Kamins
Introduction To Symposium: The Future Of The Exclusionary Rule And The Aftereffects Of The Herring And Hudson Decisions, Barry Kamins
Fordham Urban Law Journal
This article is an introduction the symposium, "The Future of the Exclusionary Rule and the Aftereffects of the Herring and Hudson Decisions," hosted by the Fordham Urban Law Journal. The symposium explored the effects of the Supreme Court’s decisions in Herring v. United States and Hudson v. Michigan—what the Supreme Court will do with the Rule in the future, as well as varying interpretations of what the Supreme Court should do. The federal exclusionary rule, which is approaching its 100th anniversary, was extended to the states almost fifty years ago by the Supreme Court in its landmark decision of Mapp …