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Full-Text Articles in Law
Lawyers And The Lies They Tell, Bruce A. Green, Rebecca Roiphe
Lawyers And The Lies They Tell, Bruce A. Green, Rebecca Roiphe
Faculty Scholarship
The law holds lawyers to a more demanding standard of conduct than others when it comes to aspects of their fiduciary relationships with courts and clients. For instance, states can sanction lawyers for some speech inside a courtroom that would be protected if uttered by a non-lawyer. This Article explores whether lawyers’ free speech rights should also be different from those of other speakers when lawyers, acting on their own behalf, participate in political discourse. Applying the current First Amendment framework, the authors question the bar’s assumption that, simply because lawyers are subject to rules of professional conduct, courts can …
A Tale Of Two Civil Procedures, Pamela K. Bookman, Colleen F. Shanahan
A Tale Of Two Civil Procedures, Pamela K. Bookman, Colleen F. Shanahan
Faculty Scholarship
In the United States, there are two kinds of courts: federal and state. Civil procedure classes and scholarship tend to focus on the federal, but refer to and make certain assumptions about state courts. While this dichotomy makes sense when discussing some issues, like federal subject matter jurisdiction, for many aspects of procedure this breakdown can be misleading. When understanding American civil justice, two different categories of courts are just as salient: those that routinely include lawyers, and those where lawyers are fundamentally absent.
This essay urges civil procedure teachers and scholars to think about our courts as “lawyered” courts—which …
Breaking Past The Parallax: Finding The True Place Of Lawyers In Securities Fraud, Marianne C. Adams
Breaking Past The Parallax: Finding The True Place Of Lawyers In Securities Fraud, Marianne C. Adams
Fordham Urban Law Journal
Lawyers often play an integral part in business transactions and securities offerings. This puts lawyers on the sidelines of not only great business successes, but also, every so often, tremendous failures. Because they are viewed by many as gatekeepers, and in that role provide a degree of assurance (with their reputational capital) that gross illegalities will not occur, a series of questions arise in the minds of many when illegalities do happen on attorneys’ watch. This Note analyzes the legal standards that are in play and those that should be imposed when lawyers aid or abet a fraud. Part I …
The Economic Downturn And The Legal Profession, Foreword: The Great Recession And The Legal Profession, Eli Wald
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, The Corporate Lawyer's Role In A Contemporary Democracy, Colin Marks, Nancy B. Rapoport
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, The Corporate Lawyer's Role In A Contemporary Democracy, Colin Marks, Nancy B. Rapoport
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Lawyers In Fragile Democracies And The Challenges Of Democratic Consolidation: The Nigerian Experience, Okechukwu Oko
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Government Lawyers, Democracy, And The Rule Of Law, W. Bradley Wendel
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Government Lawyers, Democracy, And The Rule Of Law, W. Bradley Wendel
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, Equalizers And Translators: Lawyers' Ethics In A Constitutional Democracy, Martin Bohmer
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, The Challenge Of Democratic Lawyering, Ascanio Piomelli
The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, The Challenge Of Democratic Lawyering, Ascanio Piomelli
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, Way To Represent: The Role Of Black Lawyers In Contemporary American Democracy, Carla D. Pratt
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, Rethinking The Public In Lawyers' Public Service: Pro Bono, Statgic Philanthropy, And The Bottom Line, Deborah L. Rhode
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, True Confessions About The Role Of Lawyers In A Democracy, Fred C. Zacharias
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, True Confessions About The Role Of Lawyers In A Democracy, Fred C. Zacharias
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana
Fordham Law Review
No abstract provided.
The Representational And Counseling Needs Of The Immigrant Poor, Jennifer L. Colyer, Sarah French Russell, Robert E. Juceam, Lewis J. Liman
The Representational And Counseling Needs Of The Immigrant Poor, Jennifer L. Colyer, Sarah French Russell, Robert E. Juceam, Lewis J. Liman
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Regulation Of Israeli Lawyers: From Professional Autonomy To Multi-Institutional Regulation, Neta Ziv
Fordham Law Review
No abstract provided.
Regulating Immigration Legal Service Provider: In Adequate Representation And Notario Fraud, Careen Shannon
Regulating Immigration Legal Service Provider: In Adequate Representation And Notario Fraud, Careen Shannon
Fordham Law Review
Immigrants are often easy prey for bogus or incompetent attorneys, "notarios," scam artists, and other bad actors who take advantage of immigrants' limited knowledge of U.S. law, lack of English fluency, and lack of cultural knowledge to charge exorbitant fees for wild promises of green cards and citizenship that the bad actors annot-or in some cases never inteded to-deliver. Such exploitation is merely a symptom, however, of the larger prolem of inadequate access to competent legal counsel by foreign nationals seeking to navigate our labyrinthine scheme of immigration laws, regulations, and policies. ontrary to popular belief, not all of these …
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, The Role Of The Lawyer In The American Democracy, Rakesh K. Anand
Fordham Law Review
No abstract provided.
How Law Firms Can Do Good While Doing Well (And The Answer Is Not Pro Bono), Russell Pearce
How Law Firms Can Do Good While Doing Well (And The Answer Is Not Pro Bono), Russell Pearce
Fordham Urban Law Journal
This Essay looks at whether large law firm business lawyers can do good in today’s society. The author describes the change in the large law firm mentality since the 1960s – most specifically the shift to a focus centered solely on making money. The Article looks at the changes in the legal profession that facilitated this shift. The author proposes that instead of trying to separate making money and doing well, the legal profession should try to integrate the two. The Essay proposes specific suggestions to accomplish this goal, including the creation of a new Model Rule that would restore …
The Evils Of “Elasticity”: Reflections On The Rhetoric Of Professionalism And The Part-Time Paradox In Large Firm Practice, Amelia J. Uelmen
The Evils Of “Elasticity”: Reflections On The Rhetoric Of Professionalism And The Part-Time Paradox In Large Firm Practice, Amelia J. Uelmen
Fordham Urban Law Journal
This Essay is an examination of part-time arrangements at large law firms. The author sets out to start a conversation about professional life and identity in a large firm context.. Part I looks at the commercialization of large law firm practice and how that has created a “crisis” in legal practice. Part II compares the “tyranny of the billable hours” with the dedication to “client service.” The author considers part time work with both of these elements. Part III confronts the cultural obstacles to part-time work. Here, the author acknowledges that even the analysis is accepted there are still cultural …
Should We Mandate Doing Well By Doing Good?, Lawrence J. Fox
Should We Mandate Doing Well By Doing Good?, Lawrence J. Fox
Fordham Urban Law Journal
This Article looks at Pro Bono work at the top large law firms. The Author examines the pro bono commitment of America's most financially successful firms. The Article describes the contradiction between how the firms present themselves on pro bono work and what they actually accomplish. The Author believes the solution to this situation is mandatory pro bono. The Article proposes that the rules of professional conduct should require pro bono work.
Report Of The Parent Representation Working Group, Beth Harrow, Sue Jacobs
Report Of The Parent Representation Working Group, Beth Harrow, Sue Jacobs
Fordham Law Review
No abstract provided.
Report Of The Parent Self-Advocacy Working Group, Lyn Slater
Report Of The Parent Self-Advocacy Working Group, Lyn Slater
Fordham Law Review
No abstract provided.
Preliminary Reflections On The Professional Development Of Solo And Small Law Firm Practitioners, Leslie C. Levin
Preliminary Reflections On The Professional Development Of Solo And Small Law Firm Practitioners, Leslie C. Levin
Fordham Law Review
No abstract provided.
Multidisciplinary Practice And The American Legal Profession: A Market Approach To Regulating The Delivery Of Legal Services In The Twenty-First Century, John S. Dzienkowski, Robert J. Peroni
Multidisciplinary Practice And The American Legal Profession: A Market Approach To Regulating The Delivery Of Legal Services In The Twenty-First Century, John S. Dzienkowski, Robert J. Peroni
Fordham Law Review
No abstract provided.
A Paradigm For Determining The Role Of Counsel For Children, Martin Guggenheim
A Paradigm For Determining The Role Of Counsel For Children, Martin Guggenheim
Fordham Law Review
No abstract provided.
Competing Duties? Securities Lawyers' Liability After Central Bank, Ann Maxey
Competing Duties? Securities Lawyers' Liability After Central Bank, Ann Maxey
Fordham Law Review
No abstract provided.
Some Thoughts On Civil Justice Reform, Samuel C. Butler
Some Thoughts On Civil Justice Reform, Samuel C. Butler
Fordham Law Review
No abstract provided.
Recommendations Of The Conference On Ethical Issues In The Legal Respresentation Of Children
Recommendations Of The Conference On Ethical Issues In The Legal Respresentation Of Children
Fordham Law Review
No abstract provided.
The Rising Tide Of Expertise, William J. Butler
The Rising Tide Of Expertise, William J. Butler
Fordham Law Review
No abstract provided.