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2002

Fordham Urban Law Journal

Articles 61 - 79 of 79

Full-Text Articles in Law

The Physician As Conscientious Objector, J. David Bleich Jan 2002

The Physician As Conscientious Objector, J. David Bleich

Fordham Urban Law Journal

This Article examines the right of doctors to object, because of conflicts with the doctor's own morals, to treatment requested or refused by patients. Focusing mainly on end-of-life care, the author compares court opinions allowing or prohibiting doctors to withhold or withdraw life-sustaining treatment at the request of patients or their surrogates.

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Religious Teachings And Reflections On Advance Directive - Religious Values And Legal Dilemmas In Bioethics: An Islamic Perspective, Faroque A. Khan Jan 2002

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.

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Catholic Social Teaching And American Legal Perspective, Avery Cardinal Dulles, S.J. Jan 2002

Catholic Social Teaching And American Legal Perspective, Avery Cardinal Dulles, S.J.

Fordham Urban Law Journal

This Essay examines possible applications of Catholic social teachings to the practice and teaching of law. The author lists five major topics within Catholic social teaching: human dignity, the common good, solidarity, subsidiarity, and care of the environment. He then lists ways in which these ideals may be realized through the practice of law, including education, litigation, counseling, judging, and legislation.

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Response To Avery Cardinal Dulles, John D. Feerick Jan 2002

Response To Avery Cardinal Dulles, John D. Feerick

Fordham Urban Law Journal

Dean Feerick responds to Avery Cardinal Dulles's essay and lecture "Catholic Social Teaching and American Legal Practice," 30 Fordham Urb. L.J., 277 (2002) (available at http://new.fordhamj.org/demonstration/dc/v30/27_30FordhamUrbLJ277(2002-2003).pdf). He expands upon the application of Catholic teachings to legal practice and highlights Fordham Law's implementation of those ideals.

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Catholic Social Teaching And American Legal Practice: A Practical Response, Jennifer M. Mone Jan 2002

Catholic Social Teaching And American Legal Practice: A Practical Response, Jennifer M. Mone

Fordham Urban Law Journal

The author responds to Avery Cardinal Dulles's essay and lecture "Catholic Social Teaching and American Legal Practice," Fordham Urb. L.J., 277 (2002) (available at http://new.fordhamj.org/demonstration/dc/v30/27_30FordhamUrbLJ277(2002-2003).pdf). She provides a practical perspective on the applications of Catholic social teachings to the practice of law. She concludes that Catholic teachings and law intersect in two areas: in the lawyer's discretion and in the lawyer's professional interactions with others.

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Exploring Methods To Improve Management And Fairness In Pro Se Cases: A Study Of The Pro Se Docket In The Southern District Of New York, Jonathan D. Rosenbloom Jan 2002

Exploring Methods To Improve Management And Fairness In Pro Se Cases: A Study Of The Pro Se Docket In The Southern District Of New York, Jonathan D. Rosenbloom

Fordham Urban Law Journal

This Article describes a study done in the Southern District of New York on pro se cases. Part I details the lack of current data and the methods used in the study. Part II provides the results of the study amd attempts to identify the areas of pro se litigation in which litigants are faced with the most problems and where improvement is needed. It also discusses the effects of the Prison Litigation Reform Act. Part III suggests a plan that will help courts run more smoothly in assisting pro se litigants.

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The Goodness-Of-Fit Ethic For Informed Consent, Celia B. Fisher Jan 2002

The Goodness-Of-Fit Ethic For Informed Consent, Celia B. Fisher

Fordham Urban Law Journal

This Essay argues that informed consent policies for adults with mental disorders need to reflect a relational approach that re-conceptualizes consent vulnerability in terms of a "goodness-of-fit" between patient characteristics and the consent context. The author explains the concept of consent vulnerability and how it applies to individuals with mental disorders and may itself impair their ability to make informed decisions. She then examines four psycho-legal standards of informed consent and how to enhance their usefulness and accuracy. Finally, she provides three hypothetical situations and applies the "goodness-of-fit" model to them to illustrate the function of the concept.

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The Ethical Foundations Of American Judicial Independence, Vincent R. Johnson Jan 2002

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.

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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 Jan 2002

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.

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Religious Contributions To The Bioethics Debate: Utilizing Legal Rights While Avoiding Scientific Temptations, Steven Goldberg Jan 2002

Religious Contributions To The Bioethics Debate: Utilizing Legal Rights While Avoiding Scientific Temptations, Steven Goldberg

Fordham Urban Law Journal

This Article explores the authors views on the place of religious debate concerning scientific issues. It outlines the author's concerns with religion becoming overshadowed by science, even within relgious communities, and his ideas on how religion may be brought to the forefront.

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Protestant Perspectives On The Uses Of The New Reproductive Technologies, Cynthia B. Cohen Jan 2002

Protestant Perspectives On The Uses Of The New Reproductive Technologies, Cynthia B. Cohen

Fordham Urban Law Journal

This Article explores the emerging positions that Protestants may have on new reproductive technologies (NRTs). Although there is no central teaching, there are main points of agreement among Protestants and other Christians regarding the morality of using reproductive technology. The author examines Protestant teachings on the meaning of procreation, the good of the resulting children and the integrity of family bonds to show that these technologies are generally morally acceptable, but with certain limitations.

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Preserving Judicial Independence: An Exegesis, Alfred P. Carlton, Jr. Jan 2002

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.

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Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny J. White Jan 2002

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.

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Remarks By The Honorable Jonathan Lippman, Jonathan Lippman Jan 2002

Remarks By The Honorable Jonathan Lippman, Jonathan Lippman

Fordham Urban Law Journal

Remarks by the Honorable Jonathan Lippman at the Access to Justice Conference

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Equal Protection Denied In New York To Some Family Law Litigants In Supreme Court: An Assigned Counsel Dilemma For The Courts, Robert M. Elardo Jan 2002

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.

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The Census As A Call To Action, David J. Barron, Gerald E. Frug Jan 2002

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.

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The Impact Of Problem Solving On The Lawyer's Role And Ethics, Judy Kluger, Pat Murrell, Jeffrey Tauber, Steven Zeidman, Alex Calabrese, Susan Hendricks Jan 2002

The Impact Of Problem Solving On The Lawyer's Role And Ethics, Judy Kluger, Pat Murrell, Jeffrey Tauber, Steven Zeidman, Alex Calabrese, Susan Hendricks

Fordham Urban Law Journal

No abstract provided.

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Privacy Versus Protection: Exploring The Boundaries Of Electronic Surveillance In The Internet Age, Kimberly Horn Jan 2002

Privacy Versus Protection: Exploring The Boundaries Of Electronic Surveillance In The Internet Age, Kimberly Horn

Fordham Urban Law Journal

No abstract provided.

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Lifting Voices: Towards Equal Education For Pregnant And Parenting Students In New York City, Tamara Ling Jan 2002

Lifting Voices: Towards Equal Education For Pregnant And Parenting Students In New York City, Tamara Ling

Fordham Urban Law Journal

No abstract provided.

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