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Articles 283831 - 283860 of 560493

Full-Text Articles in Law

The Future Of Sodomy , Libby Adler Jan 2005

The Future Of Sodomy , Libby Adler

Fordham Urban Law Journal

This Article celebrates Lawrence v. Texas as a tremendous advance in civil rights while also recognizing future danger signs associated with the opinion. The Article underscores four elements of the opinion which may cause danger to the pro-sex position the author endorses. The Article points to the Court's: (1) standard of review; (2) reliance on consent; (3) emphasis on privacy, and; (4) respect for dignity. Ultimately, the author warns pro-sex litigators and constituencies against complacency and warns that the words that bring them joy in Lawrence may possibly bring them pain in future opinions. The author calls for vigilance, for …

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Even More Wrongful Death: Statutes Divorced From Reality, John G. Culhane Jan 2005

Even More Wrongful Death: Statutes Divorced From Reality, John G. Culhane

Fordham Urban Law Journal

This Article discusses the restrictions on the class of eligible beneficiaries under most wrongful death statutes and considers recent legislative and judicial initiatives that have begun to change these laws to reflect reality. The Article analyzes the Victim Compensation Fund, passed in response to the events of September 11, 2001 as an example of the ability of legislative and regulatory rules to define eligibility for flexible recovery. The Article goes on to discuss recent legislative and judicial developments involving the torts of negligent infliction of emotional distress and loss of consortium, emphasizing that courts and legislatures are increasingly willing to …

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Sexual Minorities, Criminal Justice, And The Death Penalty, Michael B. Shortnacy Jan 2005

Sexual Minorities, Criminal Justice, And The Death Penalty, Michael B. Shortnacy

Fordham Urban Law Journal

This Article addresses the biases confronting sexual minorities in the legal system. The author calls upon the legal community including bar associations, judicial councils and conferences, and law schools to recognize that bias against sexual minorities exists and they should devote sufficient resources to allow for comprehensive study of this problem and for the education of the bar and the public. Furthermore, the Article points out that this bias against sexual minorities among key players in the legal system may actually be a factor in the imposition of the death penalty. The author points out the inattention this bias against …

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"Soft Immutability" And "Imputed Gay Identity": Recent Developments In Transgender And Sexual-Orientation-Based Asylum Law, Joseph Landau Jan 2005

"Soft Immutability" And "Imputed Gay Identity": Recent Developments In Transgender And Sexual-Orientation-Based Asylum Law, Joseph Landau

Fordham Urban Law Journal

This Article surveys the law of LGBT asylum as it has developed over the past fifteen years, first, with the landmark case of Matter of Toboso-Alfonso, which recognized homosexuality as a "particular social group"; second, with the Ninth Circuit's recent cases adopting a soft immutability standard of identity and expanding asylum protection to transgender individuals; and third, with a discussion of the "particular social group" analysis as it applies to transgender asylum seekers and the emergence of the "imputed gay identity" category as an alternative basis for relief for those litigants who do not identify as gay or lesbian but …

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Policing The Police: The Role Of The Courts And The Prosecution, Steven Zeidman Jan 2005

Policing The Police: The Role Of The Courts And The Prosecution, Steven Zeidman

Fordham Urban Law Journal

This Article focuses on how, and whether, the component parts of the courts - judges, court administrators, and prosecutors - promote justice by actively and critically monitoring or overseeing the police. The author focuses on one of the most common forms of police corruption facing the criminal justice system - what has been termed "falsifications" which includes testimonial perjury, documentary perjury and falsification of police records. The author reflects on what judges and prosecutors have done to combat this form of police corruption and offers ways in which the actors within the criminal justice system can be more effective.

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Uncharted Territory: Choosing An Effective Approach In Transgender-Based Asylum Claims, Victoria Neilson Jan 2005

Uncharted Territory: Choosing An Effective Approach In Transgender-Based Asylum Claims, Victoria Neilson

Fordham Urban Law Journal

This Article focuses on individuals who believe that they are born with the wrong anatomical sex and who suffer persecution as a result of their transgender identity. The Article discusses existing precedent in the context of transgender asylum seekers and suggests possible theories for framing successful transgender asylum claims.

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The Mccain-Feingold Coordination Rules: The Ongoing Program To Keep Politics Under Control, Robert F. Bauer Jan 2005

The Mccain-Feingold Coordination Rules: The Ongoing Program To Keep Politics Under Control, Robert F. Bauer

Fordham Urban Law Journal

The article begins with a brief introduction to McCain-Feingold which restricts "coordination" and intends to enforce limits on contributions to candidates and parties. It then goes through a history of coordination. It then goes through some aspects of McCain-Feingold and concludes by stating the aftermath of McCain-Feingold and how its rules are meant to provide order to politics.

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Toward A Small Donor Democracy: The Past And Future Of Incentive Programs For Small Political Contributions, Thomas Cmar Jan 2005

Toward A Small Donor Democracy: The Past And Future Of Incentive Programs For Small Political Contributions, Thomas Cmar

Fordham Urban Law Journal

The author begins by stating the importance of monetary contribution to a campaign and points out that most of the money for campaigns comes in the form of large donations. It then goes the introduction of campaign contributions as federal tax credits and its effects until the repeal of the tax credit by Congress. The articles then discusses state implementation of tax credits for political contribution, and compares the effects of different state programs. The article then introduces the principle that contribution incentive programs can be part of a strategy for campaign finance reform and gives several ideas how this …

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Could Terrorists Derail A Presidential Election?, Jerry H. Goldfeder Jan 2005

Could Terrorists Derail A Presidential Election?, Jerry H. Goldfeder

Fordham Urban Law Journal

The article begins by expressing surprise that there is no safeguard for regularly scheduled elections and that if an election would have to be cancelled or postponed it is unknown what would happen. It then discusses what happened to elections during 9/11/2001 and the lack of statutory guidance ensuing from there, and discusses how some states have addressed the problem of an affected election, and questions what would happen to the presidential election in the face of such events. It questions whether Congress should attempt to legislate for such an event and gives a suggestion for what can be done …

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An Analysis Of The 2004 Nader Ballot Access Federal Court Cases, Richard Winger Jan 2005

An Analysis Of The 2004 Nader Ballot Access Federal Court Cases, Richard Winger

Fordham Urban Law Journal

The article begins by stating that voters ability to vote for minor party candidates for presidential elections have generally been protected by federal courts as long as they have gotten some media exposure, and Ralph Nader, after not having received this protection attempted to file for injunctions in federal courts. It then goes through Naders claims and suits, including against a discriminatory number of signatures, whether out of state circulators may work, his North Carolina and Ohio write-in lawsuits. The articles conclusion is that federal courts did a poor job in deciding whether to grant Nader injunctive relief and how …

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Employer-Based Training Programs For Tanf Recipients: A Public Policy Examination, Nan S. Ellis Jan 2005

Employer-Based Training Programs For Tanf Recipients: A Public Policy Examination, Nan S. Ellis

Fordham Urban Law Journal

The article begins by stating that several programs have been introduced with the goal of lowering the amount of people that live below the poverty level. These programs try to accomplish this by focusing on getting such people jobs, but the focus cannot solely be on workers, it must also be on employers. One type of training that shows promise is Employer-based training, which involves an extensive assessment of the employees skills and job performance, and there are indications that EBT programs might offer better opportunities for at least a segment of the welfare population. The article's goal is to …

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Automobile Leasing And The Vicarious Liability Of Lessors, Daniel J. Koevary Jan 2005

Automobile Leasing And The Vicarious Liability Of Lessors, Daniel J. Koevary

Fordham Urban Law Journal

The Comment begins by discussing the New York Vehicle and Traffic Law Section 388, which makes lessors vicariously liable for their cars even when they are begin leased by others, and how this led many car companies in New York to stop offering leases in the 1920's, the Comment will recommends that Section 388 be amended to exclude lessors from vicarious liability. The Comment then goes through the history of Section 388, explains what leasing is and why it is popular, looks at the recent impact of Section 388 which includes several companies have stopped leasing in New York, looks …

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A Dangerous Mix: Mandatory Sentence Enhancements And The Use Of Motive, Joshua S. Geller Jan 2005

A Dangerous Mix: Mandatory Sentence Enhancements And The Use Of Motive, Joshua S. Geller

Fordham Urban Law Journal

The comment begins with a story about an attack that took place against a homosexual where the attacker was then charged with a hate crime because he attacked a homosexual and seemingly was motivated by the victims sexual preference. The resulting strict punishment was based on motive and the comment discusses whether it is a good idea to mandate stricter punishment for crimes based on different kinds of motives. The comment then explores the differences between intent and motive, examines motive in the view of conspiracies based on Pinkerton liability and such, and looks at motive in the context of …

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The Dangers Of Fighting Terrorism With Technocommunitarianism: Constitutional Protections Of Free Expression, Exploration, And Unmonitored Activity In Urban Spaces, Marc Jonathan Blitz Jan 2005

The Dangers Of Fighting Terrorism With Technocommunitarianism: Constitutional Protections Of Free Expression, Exploration, And Unmonitored Activity In Urban Spaces, Marc Jonathan Blitz

Fordham Urban Law Journal

Part I of this article examines how some commentators can plausibly argue that constitutional liberty and privacy protections do not protect the individual liberty and privacy that modern individuals have come to expect in many public spaces, particularly in urban environments. Constitutional liberalism, this section points out, makes this question a difficult one, because it is marked by scrupulous neutrality towards different visions of “the good life.” In other words, the constitutional order does not condemn those who choose a communitarian way of life and favor those who prefer individualism. Rather, it tolerates both of these (and other) preferences about …

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Policing Post-9/11, Robert J. Louden Jan 2005

Policing Post-9/11, Robert J. Louden

Fordham Urban Law Journal

This paper therefore is an attempt to consider post-September 11 law enforcement activities in the context of organized policing in America. Many concepts and procedures used as illustrations have been undertaken by various police agencies. This demonstrates how previously accepted police practices may be changed in part by reaction to crisis legislation or other influences. New York City programs may or may not serve as benchmarks for other agencies. In these times of threat and response some important factors about preparing police for role change became apparent. First, there is a need to specify the new reality and determine what …

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The “Threat Of Terrorism” And The Right To The Cit, Peter Marcuse Jan 2005

The “Threat Of Terrorism” And The Right To The Cit, Peter Marcuse

Fordham Urban Law Journal

Restrictions on the everyday use of public space; restrictions on access to public buildings; restrictions on political expression and assembly for political purposes; restrictions on the freedom of immigrants to use public facilities and services in the city; increased segregation, exclusion, and concentrated decentralization of residences and economic activities are all key examples of the way the false threat of terrorism has been used to restrict rights to the city. The Right to the City has never been fully recognized in modern times. The false response to the threat of terrorism has made its realization even more remote.

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Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World Jan 2005

Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World

Fordham Urban Law Journal

The era following September 11, 2001 will be remembered as the golden age of law enforcement, the age of a bold paradigm shift inspired by the great challenges we face. It is instructive first to reflect on the old paradigm: as law enforcement agencies, we moved like swimmers in different lanes, all going the same direction with the same mission, yet also working by and for ourselves. Each criminal justice agency dealt with its own issues, staying—for the most part—in its own lane. Then, 9/11 changed everything. Indeed, it is our turn to be the greatest generation. Just as World …

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A Model Of Abstract Cooperation In Games Of Uncertainty, Hillel Bavli Jan 2005

A Model Of Abstract Cooperation In Games Of Uncertainty, Hillel Bavli

Fordham Urban Law Journal

The idea that evolutionary processes natrually propel a state of affairs toward a higher, perhaps more complex or advanced, state of affairs is one that may extend to any context characterized by a dynamic time frame, including ogliopoly moelds of repeated Prisoner's Dilemma. The author argues that, contrary to the popular assertion that coordinated pricing necessarily requires voluntary coordination, oligopoly markets may evolve to a state of cooperation—one of collective profit maximization—absent a conscious state of coordination among the players, or even knowledge of such cooperation. While Professor Donald Turner proposes a theory of cooperation based on forward-looking consideration of …

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Felon Disenfranchisement: Law, History, Policy, And Politics, George Brooks Jan 2005

Felon Disenfranchisement: Law, History, Policy, And Politics, George Brooks

Fordham Urban Law Journal

George W. Bush became the forty-third President of the United States when he won the state of Florida by 537 votes in the 2000 election. Because the election was so close, hotly-contested, and divisive, aspects of our electoral system long relegated to dusty books suddenly became topics of water cooler conversation and cocktail party chatter. Some Democrats speculate that if the nearly 600,000 felons in Florida had been allowed to vote, Al Gore would have been elected President. Felon disenfranchisement has thus become a cause celèbre among liberals. There are approximately four million felons who cannot vote nationwide. They are …

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Footing The Bill For A Sound Basic Education In New York City: The Implementation Of Campaign For Fiscal Equity V. State, Bonnie A. Scherer Jan 2005

Footing The Bill For A Sound Basic Education In New York City: The Implementation Of Campaign For Fiscal Equity V. State, Bonnie A. Scherer

Fordham Urban Law Journal

On March 16, 2005, in what appeared to be a victory for the children of New York City, the Court of Appeals of New York, applying the Education Article, upheld a lower court decision and recommendation, by a panel of judicially appointed Special Referees, holding that the New York State school funding system failed to provide New York City children with a “sound basic education.” The Court of Appeals mandated that the State Legislature phase in $5.6 billion annually, as well as an additional $9.2 billion in a capital fund to reform the City public schools. The opinion, however, failed …

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From Poverty To Abuse And Back Again: The Failure Of The Legal And Social Services Communities To Protect Foster Children, Sharon Balmer Jan 2005

From Poverty To Abuse And Back Again: The Failure Of The Legal And Social Services Communities To Protect Foster Children, Sharon Balmer

Fordham Urban Law Journal

After decades of legislative reform, stories of foster care abuse still appear on the fron pages of our newspapers, and foster children who are injured while in protective care are turning to the courts to change the system. It is still relatively difficult for a child to prevail in an action against child protective workers and agencies. Opinions addressing children’s issues are few, and courts seem hesitant to expand causes of action. This Comment explores the current state of children’s legal remedies for injuries incurred as the result of a foster care placement. Part I describes the foster care system …

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The Billable Hours Derby: Empirical Data On The Problems And Pressure Point, Susan Saab Fortney Jan 2005

The Billable Hours Derby: Empirical Data On The Problems And Pressure Point, Susan Saab Fortney

Fordham Urban Law Journal

This Article addresses the frustration with billable hours in large law firms. The Author gathered empirical data to gauge the short and long-term effects of increases in billable hour expectations. An empirical study was conducted in 1999-2000 of associate satisfaction, law firm culture, and billing practices. The Article compares these findings to a 2005 NALP study on billable hours and a Work-Life split. The Article concludes by considering what forces and players will change the current course of conduct in which law firm leaders treat increases in billable hours expectations as a necessary evil. The studies show the costs and …

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The End Of Partnership, Lawrence J. Fox Jan 2005

The End Of Partnership, Lawrence J. Fox

Fordham Urban Law Journal

This Article addresses what the Author believes are “myths” of the large firm legal practice. The author argues that the path to “partner” at a large firm provides neither a path nor anything that resembles a real partnership. The Article addresses four reasons to support this statement. The author believes that attaining partnership brings a person to a position where they still work many hours, do not receive a big elevation in status, have no sense of tenure, and must have a very large book of business. The Authors believes that it is not young associates who will be wanted …

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How Law Firms Can Do Good While Doing Well (And The Answer Is Not Pro Bono), Russell Pearce Jan 2005

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 …

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Profits And Professionalism, Deborah Rhode Jan 2005

Profits And Professionalism, Deborah Rhode

Fordham Urban Law Journal

This Article looks at the financial effect of ethics work. The author examines to what effect and under what circumstances “ethics pays,” and what can be done to increase the rate of return. The article studies this issue in three different contexts. First, it looks at workplace cultures and professional values. The author tries to find how the legal professional can create more organizational structures in which adhering to principles serves prudential interests. The second context is pro bono work. Here, the author looks at the pro bono benefits to, the lawyer, and legal employer, as well as the costs …

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Marilyn & Ed Bellet: A Dedication, William Michael Treanor Jan 2005

Marilyn & Ed Bellet: A Dedication, William Michael Treanor

Fordham Urban Law Journal

This Essay was a dedication to Ed and Marilyn Bellet, benefactors of Fordham Law’s ethics and professionalism programs. The Bellets created the Louis Stein Center for Law and Ethics, which educates both the public and lawyers about the importance of the rule of law. The author examines the life of the Bellets and their commitment to Fordham Law.

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The Professionalization Of Ethics, Margaret Raymond Jan 2005

The Professionalization Of Ethics, Margaret Raymond

Fordham Urban Law Journal

This Article looks at the importance of teaching law graduates to be ethical lawyers. The author hypothesizes that the current versions of the ethical rules and the structure of law firms have the potential to encourage the professionalization of ethics rather than connecting all practitioners to the values of professional responsibility. This Article sets out the factors that contribute to the increased professionalization of professional responsibility in large law firms. These factors are the need for lawyers to always be accessible, the pressure to specialize in a specific field, and the complexity of the ethics rules as written. The author …

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The Evils Of “Elasticity”: Reflections On The Rhetoric Of Professionalism And The Part-Time Paradox In Large Firm Practice, Amelia J. Uelmen Jan 2005

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 …

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Tribute To Dean Timothy J. Heinsz, A, Robert G. Bailey Jan 2005

Tribute To Dean Timothy J. Heinsz, A, Robert G. Bailey

Journal of Dispute Resolution

Timothy J. Heinsz, Earl F. Nelson Professor of Law, and Director for the Center for the Study of Dispute Resolution, received his undergraduate degree from St. Louis University and his law degree from Cornell University. He came to the University of Missouri-Columbia School of Law as an associate professor in 1979, and became a full professor in 1981. Between 1988 and 2001, he was dean of the law school. He became Director of the Center for the Study of Dispute Resolution in 2002. On July 2, 2004, Dean Heinsz had a heart attack while jogging on the MKT Trail near …

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Discord Behind The Table: The Internal Conflict Among Israeli Jews Concerning The Future Of Settlements In The West Bank And Gaza, Robert H. Mnookin, Ehud Eiran Jan 2005

Discord Behind The Table: The Internal Conflict Among Israeli Jews Concerning The Future Of Settlements In The West Bank And Gaza, Robert H. Mnookin, Ehud Eiran

Journal of Dispute Resolution

Our exclusive focus is on one of these conflicts-the profound internal rift among Israeli Jews over the Jewish settlements in the West Bank and Gaza. We are especially interested in the role of the national religious settlers and the Israeli government's response to them. These settlers lead the movement and are dominant actors in the internal conflict. The current controversies within Israel regarding Prime Minister Ariel Sharon's "unilateral initiative," which was not the product of a negotiation with Palestinians, demonstrate the importance of understanding the internal conflict within Israel and the dominant role of the leaders of the settlement movement

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