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A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective, Hon. Dana Leigh Marks, Hon. Denise Noonan Slavin Feb 2016

A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective, Hon. Dana Leigh Marks, Hon. Denise Noonan Slavin

Fordham Urban Law Journal

No abstract provided.


Padilla And Beyond: The Future Of The Defense Function, Hon. Jonathan Lippman Feb 2016

Padilla And Beyond: The Future Of The Defense Function, Hon. Jonathan Lippman

Fordham Urban Law Journal

No abstract provided.


Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill Feb 2016

Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill

Fordham Urban Law Journal

No abstract provided.


A Tribute To Hon. George Bundy Smith -- Colleague, Teacher, And Friend, Judith S. Kaye Jan 2007

A Tribute To Hon. George Bundy Smith -- Colleague, Teacher, And Friend, Judith S. Kaye

Fordham Urban Law Journal

A tribute to Judge George Bundy Smith, discussing his work ethic both as a judge, professor, and mentor, his principles as a jurist, and his personal qualities.


A Tribute To Hon. George Bundy Smith -- A Friend And Colleague, Richard C. Wesley Jan 2007

A Tribute To Hon. George Bundy Smith -- A Friend And Colleague, Richard C. Wesley

Fordham Urban Law Journal

A tribute to George Bundy Smith, recalling time spent as colleagues and friends at the New York State Court of Appeals. The remarks describe Judge Smith on a personal and professional, discussing work he performed at the NAACP, and described his education in some detail.


A Tribute To Hon. George Bundy Smith -- A Remarkable Jurist And A Remarkable Man, Cornett Lewers Jan 2007

A Tribute To Hon. George Bundy Smith -- A Remarkable Jurist And A Remarkable Man, Cornett Lewers

Fordham Urban Law Journal

A tribute to George Bundy Smith, emphasizing his contributions to The Metropolitan Black Bar Association and the Metropolitan Black Bar Scholarship Fund, as well as his past work as a civil rights protester, and an accomplished jurist.


A View From The Ground: A Reform Group’S Perspective On The Ongoing Effort To Achieve Merit Selection Of Judges, Shira J. Goodman, Lynn A. Marks Jan 2007

A View From The Ground: A Reform Group’S Perspective On The Ongoing Effort To Achieve Merit Selection Of Judges, Shira J. Goodman, Lynn A. Marks

Fordham Urban Law Journal

This article describes the history of judicial selection in the state of Pennsylvania. It describes the judicial selection reform movement and the growth of the organization Pennsylvanians for Modern Courts ("PMC") which devises solutions to meet the various challenges to judicial integrity in Pennsylvania. It focuses on the merit system that PMC has been trying to achieve for Pennsylvania's appellate courts.


On The Validity And Vitality Of Arizona’S Judicial Merit Selection System: Past, Present, And Future, Mark I. Harrison, Sara S. Greene, Keith Swisher, Meghan H. Grabel Jan 2007

On The Validity And Vitality Of Arizona’S Judicial Merit Selection System: Past, Present, And Future, Mark I. Harrison, Sara S. Greene, Keith Swisher, Meghan H. Grabel

Fordham Urban Law Journal

This Article demonstrates that merit selection is functioning commendably in Arizona and, for the most part, provides the public with a judicial selection process far more informative and generally superior to “traditional elections.” Part I of this Article sketches the history of Arizona’s merit selection of judges and its previous state-wide judicial election system. Part II discusses and analyzes attacks on merit selection and, in addition, assesses the effect of the Judicial Performance Review program initiated in 1992 to enhance the efficacy of the merit selection system. Finally, Part III describes the current status of merit selection in Arizona ...


Help Wanted: Is There A Better Way To Select Judges?, Luke Bierman Jan 2007

Help Wanted: Is There A Better Way To Select Judges?, Luke Bierman

Fordham Urban Law Journal

This article gives an anecdotal account of the authors attempt to apply for a position as a State Court Judge that he saw posted in the newspaper. The article uses the job posting concept as a starting point to argue that the system of judicial appointment in New York needs to be reworked and there needs to be new and creative solutions brought into the discussion.


Enriching Judicial Independence: Seeking To Improve The Retention Vote Phase Of An Appointive Selection System, John F. Irwin, Daniel L. Real Jan 2007

Enriching Judicial Independence: Seeking To Improve The Retention Vote Phase Of An Appointive Selection System, John F. Irwin, Daniel L. Real

Fordham Urban Law Journal

This article discusses the problems and potential solutions with the system of judicial appointment in the state of Nebraska. The article focuses on how improving public awareness about the existing system, its goals, and its current weaknesses, and implementing steps to address those weaknesses, will help to keep everyone moving toward the best possible system. While changing attitudes and interest in judicial retention elections is certainly not an easy task, it is only through seeking such change that reformers of an elective retention system can hope to near its potential effectiveness.


What Makes A Good Appointive System For The Selection Of State Court Judges: The Vision Of The Symposium, Norman L. Greene Jan 2007

What Makes A Good Appointive System For The Selection Of State Court Judges: The Vision Of The Symposium, Norman L. Greene

Fordham Urban Law Journal

This Article contains two parts. First, it sets forth the context of the symposium, including reflections on how judges are being selected now through the elective process, the need for a better approach to judicial selection, and the particular climate in New York at the time of the symposium and thereafter. The New York discussion will focus on the district court and Second Circuit decisions in Lopez Torres v. New York State Board of Elections, which exposed and struck down as unconstitutional New York’s scheme for selecting certain trial court judges, under which political party leaders dictated judicial selection ...


A Tribute To Hon. George Bundy Smith, William Michael Treanor Jan 2007

A Tribute To Hon. George Bundy Smith, William Michael Treanor

Fordham Urban Law Journal

Opening remarks at ceremony honoring Judge George Bundy Smith, including anecdotes from past students, an overview of Judge Smith's career and accomplishments, and a recognition of distinguished guests in the audience.


A Tribute To Hon. George Bundy Smith -- A Good Lawyer, Mark Alcott Jan 2007

A Tribute To Hon. George Bundy Smith -- A Good Lawyer, Mark Alcott

Fordham Urban Law Journal

Speech given in tribute to George Bundy Smith, including discussion of his contributions to Fordham Law activities, volunteer organizations, and for the New York State Bar Association, in addition to his work as a writer, teacher, and family member.


Beyond Quality: First Principles In Judicial Selection And Their Application To A Commission-Based Selection System, Jeffrey D. Jackson Jan 2007

Beyond Quality: First Principles In Judicial Selection And Their Application To A Commission-Based Selection System, Jeffrey D. Jackson

Fordham Urban Law Journal

This article discusses the principles that the judicial system should advance in the selection of its judges. In addition to judicial quality, there are five other “first principles” that should be advanced in an optimal selection system: independence, accountability, representativeness, legitimacy, and transparency.


Designing An Appointive System: The Key Issues, G. Alan Tarr Jan 2007

Designing An Appointive System: The Key Issues, G. Alan Tarr

Fordham Urban Law Journal

This article contains a selection of advice on how to improve the judicial selection system. The article explains that reconsideration of the judicial appointive systems must include both the broadly theoretical and the intensely practical. It should identify the key questions that must be addressed in creating a system of judicial appointment, elaborate and defend the principles that should guide choices among alternative appointive systems, and clarify how those principles can be translated into institutional arrangements that will advance the goal of a quality judiciary. This reconsideration should also take seriously the arguments and claims of those who oppose the ...


Careful What You Wish For: Tough Questions, Honest Answers, And Innovative Approaches To Appointive Judicial Selection, Steven Zeidman Jan 2007

Careful What You Wish For: Tough Questions, Honest Answers, And Innovative Approaches To Appointive Judicial Selection, Steven Zeidman

Fordham Urban Law Journal

This Essay, informed in significant part by personal experience, examines in greater detail some of the common features of appointive systems, and in the process raises issues, concerns, and questions. Every step of the way the goal remains the same—to devise an appointive system most likely to yield as outstanding a judiciary as possible.


Rethinking Judicial Nominating Commissions: Independence, Accountability, And Public Support , Joseph A. Colquitt Jan 2007

Rethinking Judicial Nominating Commissions: Independence, Accountability, And Public Support , Joseph A. Colquitt

Fordham Urban Law Journal

The Article focuses on one of the pillars of the judicial appointive process, the judicial nominating commission, suggesting that all jurisdictions should have judicial nominating commissions. A judicial nominating commission exists to screen and select nominees for judgeships. This article envisions and describe a system that more likely will result in selecting the right person for the bench.


Rethinking Judicial Selection: A Critical Appraisal Of Appointive Selection For State Court Judges, John D. Feerick Jan 2007

Rethinking Judicial Selection: A Critical Appraisal Of Appointive Selection For State Court Judges, John D. Feerick

Fordham Urban Law Journal

Transcript of the keynote address delivered at Fordham University School of law on April 7, 2006. The speaker discusses the various shortcomings in the judicial selection methodology in New York State and what he and others have thought of as solutions for the problems.


The Judicial Independence Through Fair Appointments Act, Norman L. Greene Jan 2007

The Judicial Independence Through Fair Appointments Act, Norman L. Greene

Fordham Urban Law Journal

The Judicial Independence Through Fair Appointments Act is a model act which provides a merit-based system for selecting a qualified, independent, accountable, and diverse judiciary based onclose study of existing systems. It provides the entire structure of a judicial selection by appointment system, building on concepts in established commission-based appointment plans and incorporating important refinements.


A Role For Disciplinary Agencies In The Judicial Selection Process, Robert H. Tembeckjian Jan 2007

A Role For Disciplinary Agencies In The Judicial Selection Process, Robert H. Tembeckjian

Fordham Urban Law Journal

This article discusses the role of judicial disciplinary agencies. The article first summarizes the currently defined roles of these agencies and the methods they employ for monitoring and disciplining judges. The article then discusses whether it would be appropriate for these agencies to become more involved in the process of judicial selection and work to vet and investigate candidates.


Appointing Judges The European Way, Mary L. Volcansek Jan 2007

Appointing Judges The European Way, Mary L. Volcansek

Fordham Urban Law Journal

This Article looks at methods of judicial selection in Europe as a way to contrast and perhaps better understand and improve the systems of judicial selection used in the United States. The article argues that in Europe, judicial independence is prized above and beyond any other possible positive trait. The democratic legitimacy of European judges derives from the intimate connection between democracy and the rule of law. Legitimacy does not attach, in the public eye, to a single political institution, but rather to the system as a whole.


A Tribute To Hon. George Bundy Smith -- Leadership, Fern Fisher Jan 2007

A Tribute To Hon. George Bundy Smith -- Leadership, Fern Fisher

Fordham Urban Law Journal

A tribute to George Bundy Smith, highlighting his commitment to social justice.


A Cancer On The Republic: The Assault Upon Impartiality Of State Courts And The Challenge To Judicial Selection, Donald L. Burnett Jan 2007

A Cancer On The Republic: The Assault Upon Impartiality Of State Courts And The Challenge To Judicial Selection, Donald L. Burnett

Fordham Urban Law Journal

This Article examines judicial impartiality in the context of the state courts. Section I endeavors to show how impartial state courts are essential to fulfilling the constitutional guarantees of a republican form of government and of due process and equal protection of the law. Section II describes the current assault upon the impartiality of state courts, and Section III suggests several ways in which this cancer on the republic can be slowed or reversed—by specific actions within, or related to, the judicial selection process.


A Tribute To Hon. George Bundy Smith -- Excellence, Sandra Jefferson Grannum Jan 2007

A Tribute To Hon. George Bundy Smith -- Excellence, Sandra Jefferson Grannum

Fordham Urban Law Journal

A tribute to George Bundy Smith, focusing on his commitment to excellence as a teacher, mentor, and professional.


How The Pickers Pick: Finding A Set Of Best Practices For Judicial Nominating Commissions, Rachel Paine Caufield Jan 2007

How The Pickers Pick: Finding A Set Of Best Practices For Judicial Nominating Commissions, Rachel Paine Caufield

Fordham Urban Law Journal

This article discusses the history and development of judicial selection in the states. It examines the 'merit selection' system of judicial appointment and the role of nominating commissions. The article concludes with a section of recommendations for the best practices that should be formally written down and adopted by nominating commissions.


Judicial Performance Review: A Balance Between Judicial Independence And Public Accountability, Jean E. Dubofsky Jan 2007

Judicial Performance Review: A Balance Between Judicial Independence And Public Accountability, Jean E. Dubofsky

Fordham Urban Law Journal

This article discusses judicial appointment and judicial independence in Colorado. The article argues that in Colorado, the independence of the judiciary needs to be protected, perhaps more than at any other time in the state’s history. While public accountability is important, it is achieved through the executive and legislative branches of the government. The courts function best if judges are free to decide each case without regard to how the general public might put a thumb on the scales of justice. To the degree that judicial performance commissions can protect judicial independence, while providing voters in retention elections with ...


Wyoming’S Judicial Selection Process: Is It Getting The Job Done?, Marilyn S. Kite Jan 2007

Wyoming’S Judicial Selection Process: Is It Getting The Job Done?, Marilyn S. Kite

Fordham Urban Law Journal

This article explains Wyoming’s commission based judicial selection process, studies how it has performed over the years, and looks to see what lessons we can learn from that history, and consider how it can be improved. Throughout this Article, the focus will be on what attributes of a judicial selection system best result in an independent, accountable, and vibrant judiciary.


A Comparison Of The Criminal Appellate Decisions Of Appointed State Supreme Courts: Insights, Questions, And Implications For Judicial Independence, Aman L. Mcleod Jan 2007

A Comparison Of The Criminal Appellate Decisions Of Appointed State Supreme Courts: Insights, Questions, And Implications For Judicial Independence, Aman L. Mcleod

Fordham Urban Law Journal

This Article presents the results of a study conducted to see whether state supreme courts selected in states with dissimilar appointment systems differ in the way they decide criminal appeals. Comparing the criminal decisions of courts selected with different appointment systems may also suggest something about how different appointment systems impact judicial independence.


Enhancing Diversity In An Appointive System Of Selecting Judges, Leo M. Romero Jan 2007

Enhancing Diversity In An Appointive System Of Selecting Judges, Leo M. Romero

Fordham Urban Law Journal

This Article examines the different measures that states, with a particular focus on New Mexico, have adopted in order to enhance diversity in their appointive systems and proposes ways to structure an appointive system that gives due consideration to concerns about diversity. This Article concludes that an appointive system should be designed to require consideration of diversity in the composition of nominating commissions and in the evaluation of applicants.


Symposium On Rethinking Judicial Selection: A Critical Appraisal Of Appointive Selection For State Court Judges, William Michael Treanor Jan 2007

Symposium On Rethinking Judicial Selection: A Critical Appraisal Of Appointive Selection For State Court Judges, William Michael Treanor

Fordham Urban Law Journal

This introduction dedicates this edition of the Urban Law Journal to the memory of Judge Marilyn Hall Patel. Judge Patel is known as a judge of the greatest independence and integrity, and her opinions reflect both her concern with the judicial craft and her inspiring commitment to justice and fairness.