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Articles 31 - 60 of 79
Full-Text Articles in Law
The Cra Implications Of Predatory Lending, Kathleen C. Engel, Patricia A. Mccoy
The Cra Implications Of Predatory Lending, Kathleen C. Engel, Patricia A. Mccoy
Fordham Urban Law Journal
This article considers the Community Reinvestment Act's role in combating predatory lending. It provides an overview of the CRA, explains how CRA-covered lenders may enable predatory lending and explores the relationship between the CRA, federal subsidies and predatory lending. The article concludes that the CRA should be used to penalize lenders that engage in predatory lending and recommends that federal bank regulators use CRA to sanction behavior that could encourage further predatory lending.
September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs
September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs
Fordham Urban Law Journal
This Comment examines how the United States should react to the threat of domestic terrorism while maintaining citizens' civil liberties in the wake of the events on September 11, 2001. The Comment first compares and contrasts three classic theories of democracy: constitutional democracy, representative democracy and deliberative democracy. It next describes how representative and constitutional democracy were applied during the Japanese internment during World War II. Part III compares the Japanese internment to the challenges after the September 11 attacks and analyzes the roles different branches should have in protecting civil liberties. Finally, the Comment recommends applying a theory of …
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 …
The Birth Of A Problem-Solving Court, Rolando Acosta, Anne Swern, Lisa Schreibersdorf, Gloria Sosa-Lintner
The Birth Of A Problem-Solving Court, Rolando Acosta, Anne Swern, Lisa Schreibersdorf, Gloria Sosa-Lintner
Fordham Urban Law Journal
No abstract provided.
How Does The Community Feel About Problem-Solving Courts?, Michele Bertran, Mary Barr, Charles Grodin, Monroe Freedman, Jacqueline Nolan-Haley
How Does The Community Feel About Problem-Solving Courts?, Michele Bertran, Mary Barr, Charles Grodin, Monroe Freedman, Jacqueline Nolan-Haley
Fordham Urban Law Journal
No abstract provided.
Judiciary Ombudsman: Solving Problems In The Courts, Michele Bertran
Judiciary Ombudsman: Solving Problems In The Courts, Michele Bertran
Fordham Urban Law Journal
No abstract provided.
What Does The Future Hold For Drug Courts?, Nahama Broner, Caroline Cooper, Michael Jacobson, Juanita Bing-Newton, Deborah Small
What Does The Future Hold For Drug Courts?, Nahama Broner, Caroline Cooper, Michael Jacobson, Juanita Bing-Newton, Deborah Small
Fordham Urban Law Journal
No abstract provided.
The Judicial Perspective, Jo Ann Ferdinand, William Schma, James Yates, Peggy Hora, John Martin
The Judicial Perspective, Jo Ann Ferdinand, William Schma, James Yates, Peggy Hora, John Martin
Fordham Urban Law Journal
No abstract provided.
Alternative Approaches To Problem Solving, Susan Finlay, Richard Hopper, Derek Denckla, John Goldkamp
Alternative Approaches To Problem Solving, Susan Finlay, Richard Hopper, Derek Denckla, John Goldkamp
Fordham Urban Law Journal
No abstract provided.
Therapeutic Jurisprudence And Cognitive Complexity: An Overview, Philip Gould, Patricia Murrell
Therapeutic Jurisprudence And Cognitive Complexity: An Overview, Philip Gould, Patricia Murrell
Fordham Urban Law Journal
No abstract provided.
The Changing Face Of Justice: The Evolution Of Problem Solving, Joseph Gubbay, Morris Hoffman, Martin Karopkin, Marilyn Roberts, Bruce Winick, Lisa Smith
The Changing Face Of Justice: The Evolution Of Problem Solving, Joseph Gubbay, Morris Hoffman, Martin Karopkin, Marilyn Roberts, Bruce Winick, Lisa Smith
Fordham Urban Law Journal
No abstract provided.
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 Agony Of Ecstasy: Reconsidering The Punitive Approach To United States Drug Policy, Amanda Kay
The Agony Of Ecstasy: Reconsidering The Punitive Approach To United States Drug Policy, Amanda Kay
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.
Problem Solving Courts: From Adversarial Litigation To Innovative Jurisprudence, Urban Law Journal
Problem Solving Courts: From Adversarial Litigation To Innovative Jurisprudence, Urban Law Journal
Fordham Urban Law Journal
No abstract provided.
What Works And What Does Not, Michael Rempel, Adele Harrell, Jeff Fagan, Barbara Babb
What Works And What Does Not, Michael Rempel, Adele Harrell, Jeff Fagan, Barbara Babb
Fordham Urban Law Journal
No abstract provided.
Adding Insult To Injury: How In Re Venture Mortgage Fund Exposes The Inequitable Results Of New York's Usury Remedies, Shimon Berger
Adding Insult To Injury: How In Re Venture Mortgage Fund Exposes The Inequitable Results Of New York's Usury Remedies, Shimon Berger
Fordham Urban Law Journal
No abstract provided.
The Jewish Criminal Lawyer's Dilemma, Israel Greisman
The Jewish Criminal Lawyer's Dilemma, Israel Greisman
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 Role Of A Lawyer's Morals And Religion When Counseling Clients In Bioethics, Joseph Allegretti
The Role Of A Lawyer's Morals And Religion When Counseling Clients In Bioethics, Joseph Allegretti
Fordham Urban Law Journal
This Article examines how a lawyer may handle conflicts that arise when counseling clients on bioethics issues. Through an exploration of three standard client counseling models - authoritarian, client-centered and collaborative - the author presents suggestions on how to handle a conflict between the lawyer's own moral and religious values and the choices available to the client. The author suggests that lawyers are not barred from incorporating their own values as long as they communicate that decision to the client.
Toward Epistemic Justice: A Response To Professor Goldberg, Dominic J. Balestra
Toward Epistemic Justice: A Response To Professor Goldberg, Dominic J. Balestra
Fordham Urban Law Journal
This Article is a response to Steven Goldberg's article and lecture "Religious Contributions to the Bioethics Debate: Utilizing Legal Rights while Avoiding Scientific Temptations," 30 Fordham Urb. L.J., 35 (2002) (available at http://new.fordhamj.org/demonstration/dc/v30/13_30FordhamUrbLJ35(2002-2003).pdf). The author argues that the question is not the place of values in a world of fact, but the place of facts in a world of values.
Assisted Reproductive Technologies And The Constitution, Carl H. Coleman
Assisted Reproductive Technologies And The Constitution, Carl H. Coleman
Fordham Urban Law Journal
This Article discusses potential policies regarding assisted reproductive technologies (ARTs). The initial question is whether ARTs should be viewed as private matters or as issues that affect overall social good. The author explains that this question may be answered by the Supreme Court's interpretation of the principles of procreative liberty. He then examines Supreme Court decisions regarding reproductive rights, including the unstated right to bear children as well as abortion rights. He extrapolates from these cases the Court's possible views on ARTs and what constitutional protections should be afforded reproductive technologies.
Assisted Reproduction In Jewish Law, Daniel B. Sinclair
Assisted Reproduction In Jewish Law, Daniel B. Sinclair
Fordham Urban Law Journal
This Article attempts to untangle Jewish law regarding assisted reproductive technologies (ARTs), namely artificial insemination with husband's sperm, artificial insemination with donor sperm, and in vitro fertilization. The author examines teachings by prominent Jewish law scholars and clarifies basic schools of thought regarding each method. He explores Jewish law prohibitions on incest and adultery and the laws regarding legal parentage and lineage of the child and explains the consequences of ARTs on those laws.
Catholic Teaching And The Law Concerning The New Reproductive Technologies, Helen M. Alvare
Catholic Teaching And The Law Concerning The New Reproductive Technologies, Helen M. Alvare
Fordham Urban Law Journal
This Article sets forth the fundamental teachings from which the Roman Catholic Chruch derives its positions on New Reproductive Technologies (NRTs). It further demonstrates the application of these teachings to some of the specific medical techniques commonly used in the course of NRTs. The Church's legislative recommendations are then summarized.
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.
The Psychology Of Competence And Informed Consent: Understanding Decision-Making With Regard To Clinical Research, Barry Rosenfeld
The Psychology Of Competence And Informed Consent: Understanding Decision-Making With Regard To Clinical Research, Barry Rosenfeld
Fordham Urban Law Journal
This Article examines the importance of patient autonomy and competence in medical decision making and how questions of competence affect informed consent. The author explores three hypothetical cases which "outline the parameters of 'competence' by illustrating the methodologies used in making [determinations of competence], distinguishing between ethical and legal issues in the assessment of competence, and reviewing the procedures for surrogate decision making when competence is deemed impaired." The cases present questions on when to respect patient autonomy and when it may be appropriate to allow a surrogate to take over decision making.
Protestant Perspectives On Informed Consent (Particularly In Research Involving Human Participants), James F. Childress
Protestant Perspectives On Informed Consent (Particularly In Research Involving Human Participants), James F. Childress
Fordham Urban Law Journal
This Article examines Protestant positions on informed consent/refusal regarding the use of human subjects in research. Primarily focusing on the work of Paul Ramsey, a Protestant scholar in science and ethics, the article describes the relationship between the God-man covenant and man-to-man covenants and the consequences thereof. Exploring the line between what Ramsey calls "charity" and "justice," the article finds differences between therapeutic and nontherapeutic research and who may participate with or without consent.
Informed Consent Without Autonomy, Daniel P. Sulmasy
Informed Consent Without Autonomy, Daniel P. Sulmasy
Fordham Urban Law Journal
This Essay explains why and how the Roman Catholic basis for informed consent is different from the secular basis. It argues that the Catholic basis, which is rooted in "natural law," is the better model for society to adopt. The author explains that the secular view is rooted in the belief that patient autonomy must never be violated but the Catholic view is based on human dignity, which simply requires doctors to allow patients to exercise their free will within moral limits. This view allows doctors to override patients' decisions if those decisions are morally wrong or irrational.
The Physician's Conscience, Conscience Clauses, And Religious Belief: A Catholic Perspective, Edmund D. Pellegrino
The Physician's Conscience, Conscience Clauses, And Religious Belief: A Catholic Perspective, Edmund D. Pellegrino
Fordham Urban Law Journal
This Essay explores how physicians may handle conflicts of conscience facing Roman Catholic health practitioners regarding "human life" issues, especially through conscience clauses. In five parts, the author examines "first, why conscientious objection is so important in our day; second, the moral grounding for freedom in the exercise of conscience; third, the components of the physician's conscience; fourth, specific conflicts of conscience for Catholic physicians and institutions; and fifth, competing models of conflict resolution."