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Articles 1 - 30 of 79
Full-Text Articles in Law
In Defense Of Ghostwriting, Jona Goldschmidt
In Defense Of Ghostwriting, Jona Goldschmidt
Fordham Urban Law Journal
This Article analyzes the legal community's resistance to ghostwriting for pro se litigants. It examines the nature, extent and benefits of ghostwriting. It analyzes objections to ghostwriting raised in case law and ethics opinions. It describes recent ghostwriting recommendations and regulatory developments. The Article discusses the relevance of the duty of confidentiality and the attorney-client privilege to ghostwriting. It analyzes the legal community's resistance to ghostwriting. The Article concludes that ghostwriting serves a growing segment of the pro se population and that it doesn't violate the court rules or ethical principles.
The Public Is Willing, Margot Lindsay, Mary K. Shilton
The Public Is Willing, Margot Lindsay, Mary K. Shilton
Fordham Urban Law Journal
This Article discusses the importance of public outreach and education in the judicial system. The Article advocates for various court-sponsored outreach programs to increase citizen contact with the courts for problem solving purposes. It also addresses such alternatives as community courts and neighborhood advisory boards. It discusses measures taken by state courts to increase communication with underrepresented communities. It concludes by making suggestions to improve outreach programs.
First Suburbs In The Northeast And Midwest: Assets, Challenges, And Opportunities, Robert Puentes
First Suburbs In The Northeast And Midwest: Assets, Challenges, And Opportunities, Robert Puentes
Fordham Urban Law Journal
This article examines the decline of first suburbs, the older inner-ring suburbs closest to cities that grew up before or immediately after World War II. As families leave these areas for the expanding outer suburbs, the tax base shrinks and poverty and failing schools result. Inner suburbs lack the sophisticated governmental structures of cities to combat these problems, and without a shift in investment policies, first suburbs will continue to suffer.
The Community Reinvestment Act And The Economics Of Regulatory Policy, Christopher A. Richardson
The Community Reinvestment Act And The Economics Of Regulatory Policy, Christopher A. Richardson
Fordham Urban Law Journal
This article discusses the economic consequences and social implications of the Community Reinvestment Act. The CRA has direct economic effects on banks and neighborhoods and these neighborhoods also gain social benefits from the availability of credit which increase the quality of life in these areas. The article identifies the economic issues associated with providing access to credit in low and middle-income areas. Many of these problems are caused by the information asymmetry between lenders and borrowers because lenders do not realize the positive social benefits of the availability of credit in these areas. It contends that the ambiguous language of …
The Jewish Criminal Lawyer's Dilemma, Israel Greisman
The Jewish Criminal Lawyer's Dilemma, Israel Greisman
Fordham Urban Law Journal
No abstract provided.
The Walking Judge From Alabama, The Honorable Pamela Willis Baschab
The Walking Judge From Alabama, The Honorable Pamela Willis Baschab
Fordham Urban Law Journal
This anecdotal Article is the story of the Honorable Pamela Willis Baschab's campaign for Chief Justice of the Alabama Supreme Court. Judge Baschab, in an effort to speak out against the influence of special interest groups in the Alabama judicial system, walked from one end of Alabama to the other. She describes her progression through the Alabama legal system, her campaign trail (literally), and her experiences with different people along the way.
Preserving Judicial Independence: An Exegesis, Alfred P. Carlton, Jr.
Preserving Judicial Independence: An Exegesis, Alfred P. Carlton, Jr.
Fordham Urban Law Journal
This Article covers the critical issue of judicial independence. The ABA's Commission on Separation of Powers and Judicial Independence issued a report that expressed concern over threats to judicial independence in the states. It poses a number of solutions, including campaign finance reform, non-partisan elections, and merit-based selection.
Access To Justice: On Dialogues With The Judiciary, Margaret Martin Barry
Access To Justice: On Dialogues With The Judiciary, Margaret Martin Barry
Fordham Urban Law Journal
This Article considers the effects of nurturing law student interest in public service intersects with the goals of developing lawyering expertise. It then examines the insight provided to the judiciary by clinical educational programs with regards to making the courts more accesible to the public. The author hopes to encourage a greater, more meaningful dialogue between the judiciary and law school faculty.
The Census As A Call To Action, David J. Barron, Gerald E. Frug
The Census As A Call To Action, David J. Barron, Gerald E. Frug
Fordham Urban Law Journal
This article argues that we misinterpret the Census figures showing the continued growth of the suburbs and increase in populations of some cities and not others. While many, including a Harvard economist, contend that this is a purely a result of consumer preference, this article concludes that this pattern is more likely a result of legal rules promoting sprawl which have been unchanged for 50 years. The article states that this new census data should be a wake-up call for state law reform which will no longer constrain and define local government.
Trying To Fit An Oval Shaped Island Into A Square Constitution: Arguments For Puerto Rican Statehood, Jose D. Roman
Trying To Fit An Oval Shaped Island Into A Square Constitution: Arguments For Puerto Rican Statehood, Jose D. Roman
Fordham Urban Law Journal
This Comment focuses on the limits placed on Puerto Rico under the United States Constitution and concludes that Puerto Rico must become the 51st state to improve its status under the Constitution. It explores Puerto Rico's relationship with the United States and its unusual position under the Constitution. This Comment then examines the voting rights issues facing Puerto Ricans, including a First Circuit case which denied Puerto Ricans the right to vote in presidential elections. The Comment concludes that this case was correctly decided and the Supreme Court, in other decisions, has only recognized a limited right to vote under …
Therapeutic Jurisprudence, Neo-Rehabilitationism, And Judicial Collectivism: The Least Dangerous Branch Becomes The Most Dangerous, Morris Hoffman
Therapeutic Jurisprudence, Neo-Rehabilitationism, And Judicial Collectivism: The Least Dangerous Branch Becomes The Most Dangerous, Morris Hoffman
Fordham Urban Law Journal
No abstract provided.
Problem-Solving Courts: Keynote Address, Judith Kaye
Problem-Solving Courts: Keynote Address, Judith Kaye
Fordham Urban Law Journal
No abstract provided.
The Nexus Between Technology And Problem Solving, James Mcmillan, Robert Russell, Mina Kimmerling, Mark Thompson
The Nexus Between Technology And Problem Solving, James Mcmillan, Robert Russell, Mina Kimmerling, Mark Thompson
Fordham Urban Law Journal
No abstract provided.
The Restatement (Third) Of Torts: Products Liability-The Alps Cure For Prescription Drug Design Liability, Mark Shifton
The Restatement (Third) Of Torts: Products Liability-The Alps Cure For Prescription Drug Design Liability, Mark Shifton
Fordham Urban Law Journal
No abstract provided.
The Islamic Viewpoint On New Assisted Reproductive Technologies, Hossam E. Fadel
The Islamic Viewpoint On New Assisted Reproductive Technologies, Hossam E. Fadel
Fordham Urban Law Journal
This Article gives a brief overview of Islamic views on assisted reproductive technologies (ARTs). Islamic law is applied to ARTs to determine what may be lawful and/or moral and what may be impermissible. The article examines artificial insemination, in vitro fertilization, surrogacy and cloning.
Religious Teachings And Reflections On Advance Directive - Religious Values And Legal Dilemmas In Bioethics: An Islamic Perspective, Faroque A. Khan
Religious Teachings And Reflections On Advance Directive - Religious Values And Legal Dilemmas In Bioethics: An Islamic Perspective, Faroque A. Khan
Fordham Urban Law Journal
This Essay analyses Islamic law and attempts to apply it to issues surrounding end-of-life care. The author concludes that Islam allows physicians to withdraw life-sustaining technologies if there is no hope for a cure, in the effort to prevent prolonged suffering.
Reflections Upon Judicial Independence As We Approach The Bicentennial Of Marbury V. Madison: Safeguarding The Constitution's "Crown Jewel", Honorable Gerald E. Rosen, Kyle W. Harding
Reflections Upon Judicial Independence As We Approach The Bicentennial Of Marbury V. Madison: Safeguarding The Constitution's "Crown Jewel", Honorable Gerald E. Rosen, Kyle W. Harding
Fordham Urban Law Journal
This Article traces the history of judicial independence from the drafting of the Constitution and the Supreme Court's articulation of judicial review in Marbury v. Madison. It addresses the obstacles encountered during the ratification process and the reaction to the Marbury decision. The Article then summarizes the continued challenges to judicial independence, from President Roosevelt's "court-packing" plan to characterizations of judicial activism in Lochner v. New York. The Article concludes by warning that judges must remain vigilant against the impact of the highly partisan political process and the advent of powerful special interest groups.
Telephone Justice, Pandering, And Judges Who Speak Out Of School, Randall T. Shepard
Telephone Justice, Pandering, And Judges Who Speak Out Of School, Randall T. Shepard
Fordham Urban Law Journal
This Article addresses the growing influence of outside forces on the judiciary. The Article details four situations in which a judge may feel the pressure of outside forces: confirmation hearings, subsequent political pressure, election campaigns, and situations involving the media. It criticizes the actions taken by Judge Thomas Penfield Jackson in the Microsoft antitrust case, most notable the numerous public remarks made while the trial was still in progress. The author concludes that judges set the standards for the way law is practiced and must therefore ignore the external pressures and strive to be models of integrity and justice.
Beyond Merit Selection, Luke Bierman
Beyond Merit Selection, Luke Bierman
Fordham Urban Law Journal
This Article reviews some of the factors that have diminished the appeal of merit selection for judges. It examines why merit selection has never been an entirely successful answer for reformers looking for nonpartisan solutions. It advocates addressing other aspects of the judicial office to promote judicial independence. It concludes by suggesting that there be an educational credential for becoming a judge. Such a solution, it is argued, would offer legitimacy to judicial aspirants and would provide independent, accountable, impartial, and well-trained judges regardless of selection method.
If You Gag The Lawyers, Do You Choke The Courts? Some Implications For Judges When Funding Restrictions Curb Advocacy By Lawyers On Behalf Of The Poor, Laura K. Abel, David S. Udell
If You Gag The Lawyers, Do You Choke The Courts? Some Implications For Judges When Funding Restrictions Curb Advocacy By Lawyers On Behalf Of The Poor, Laura K. Abel, David S. Udell
Fordham Urban Law Journal
This Article examines restrictions on legal services lawyers that are particularly likely to cause interference with the core functions of the courts. It also examines the effect on state courts of federal restrictions on the funding that state and local governments provide for legal services. The Article also discusses the separation of powers and federalism implications of these incursions into court operations. It advocates for the application of the Supreme Court's reasoning in Legal Services Corp. v. Velazquez.
The Cycle Of Judicial Elections: Texas As A Case Study, Anthony Champagne, Kyle Cheek
The Cycle Of Judicial Elections: Texas As A Case Study, Anthony Champagne, Kyle Cheek
Fordham Urban Law Journal
This Article addresses the concerns about the implications of an elected judiciary. Advocating for overall reform, the Article presents Texas as a case study. It tracks the cycle of change in Texas, from party appointments to the bench to two-party competition and back towards one-party dominance. The Article discusses the problems these changes caused and addresses the attempted reform efforts.
The Ethical Foundations Of American Judicial Independence, Vincent R. Johnson
The Ethical Foundations Of American Judicial Independence, Vincent R. Johnson
Fordham Urban Law Journal
This Articles discusses the various underpinnings of American judicial independence. Though giving credence to provisions such as selection, compensation, and retention, the Article focuses on the judicial ethical norms that have developed through the history of the United States. It covers such rules as ex parte communications, gifts, political activities, and codes applicable to lawyers.
May Judges Attend Privately Funded Educational Programs? Should Judicial Education Be Privatized?: Questions Of Judicial Ethics And Policy, Bruce A. Green
May Judges Attend Privately Funded Educational Programs? Should Judicial Education Be Privatized?: Questions Of Judicial Ethics And Policy, Bruce A. Green
Fordham Urban Law Journal
This Article addresses questions of judicial ethics raised by privately-funded judicial seminars and how they are answered by existing legal and ethical standards. It discusses the relevant restrictions and describes the courts' interpretations. The Article concludes that these interpretations are rooted in reasonable understandings of the current restrictions. It questions whether or not the current standards and processes are sufficient.
In The Eye Of The Hurricane: Florida Courts, Judicial Independence, And Politics, Drew Noble Lanier, Roger Handberg
In The Eye Of The Hurricane: Florida Courts, Judicial Independence, And Politics, Drew Noble Lanier, Roger Handberg
Fordham Urban Law Journal
This Article discusses the concept of judicial independence, the political nature of the courts, and efforts to insulate the courts from the ordinary politics engulfing the popularly elected branches. It reviews Florida's political history and changing political landscape. It traces the development of the state's judicial selection processes and ties them to current legislation being considered. It concludes by discussing the likely consequences of the efforts to diminish the insulation the the Florida courts enjoy from the politics of the day.
Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny J. White
Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny J. White
Fordham Urban Law Journal
This Article discusses judicial performance evaluations as a check on judicial independence. It covers numerous performance evaluation options for measuring accountability, such as bar and media polls, state judicial evaluation programs, and the ABA Guidelines for judicial performance. It discusses the pros and cons of these options. It concludes that the information provided by state judicial performance evaluations offers valuable insight into judicial criticisms and can give voters appropriate criteria to consider in judicial elections.
Remarks By The Honorable Judith S. Kaye: Access To Justice Conference, September 11, 2001, The Honorable Judith S. Kaye
Remarks By The Honorable Judith S. Kaye: Access To Justice Conference, September 11, 2001, The Honorable Judith S. Kaye
Fordham Urban Law Journal
Remarks at the Access to Justice Conference: September 11, 2001
Remarks By The Honorable Jonathan Lippman, Jonathan Lippman
Remarks By The Honorable Jonathan Lippman, Jonathan Lippman
Fordham Urban Law Journal
Remarks by the Honorable Jonathan Lippman at the Access to Justice Conference
Unbundled Legal Services: Untying The Bundle In New York State, Justice Fern Fisher-Brandveen, Rochelle Klempner
Unbundled Legal Services: Untying The Bundle In New York State, Justice Fern Fisher-Brandveen, Rochelle Klempner
Fordham Urban Law Journal
This Article addresses the practice of unbundled legal services as a solution to lack of access to legal aid by the poor. Unbundled legal services is a process by which the client and lawyer agree that the lawyer will provide some, but not all, of the work involved in traditional full service representation. The Article discusses and and evaluates the pros, such as increasing access to justice and efficiency in the courtroom with cons, such as malpractice and ethical concerns.
Equal Protection Denied In New York To Some Family Law Litigants In Supreme Court: An Assigned Counsel Dilemma For The Courts, Robert M. Elardo
Equal Protection Denied In New York To Some Family Law Litigants In Supreme Court: An Assigned Counsel Dilemma For The Courts, Robert M. Elardo
Fordham Urban Law Journal
This Article addresses the concerns over the differences in the right to counsel in family law cases depending on the venue. In New York, persons in family court proceedings have a constitutional right to counsel. Yet the same matter, if heard in the New York Supreme Court, does not afford such a right. This Article advocates the correction of this perceived oversight in the law so that all parties in these important proceedings can receive fair representation.
Civil Legal Assistance For Low-Income Persons: Looking Back And Looking Forward, Alan W. Houseman
Civil Legal Assistance For Low-Income Persons: Looking Back And Looking Forward, Alan W. Houseman
Fordham Urban Law Journal
This Article discusses the importance of legal aid and the services it provides to low-income persons. The Article also addresses the need for further change. It advocates for the development of a stronger base of public support at the local level. It also calls for an integrated, comprehensive statewide system to ensure that access is available to all those who need relief.