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Fordham Law School

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Articles 1 - 30 of 102

Full-Text Articles in Legal Profession

A2j Summit Collection Contributors, David Udell Apr 2019

A2j Summit Collection Contributors, David Udell

Fordham Law Review Online

A compilation of biographies for the authors and participants in this Collection.


All Rise For Civil Justice, Martha Bergmark Apr 2019

All Rise For Civil Justice, Martha Bergmark

Fordham Law Review Online

Equal justice under law is an American ideal. But every year, millions of people lose their cases in civil courts, not because they have done something wrong, but because they do not have the information or legal help they need to make their case. The United States civil justice system must be reformed so that it works for everyone, not just for the wealthy and the represented. For guidance, advocates of civil justice reform should look to the movement for criminal justice reform, which has successfully raised awareness and galvanized coalitions to effect policy change. I eagerly await the case ...


The Role Of Data In Organizing An Access To Justice Movement, James Gamble, Amy Widman Apr 2019

The Role Of Data In Organizing An Access To Justice Movement, James Gamble, Amy Widman

Fordham Law Review Online

reminds us that civil justice reform has to start with compelling human stories. She’s right. Building a movement requires drawing in the care and effort of those who previously had not seen the problem. A story of a mother and her family unjustly evicted from their home, of an older gentleman whose life savings are unjustly taken, or of a father fighting for visitation rights unjustly denied: each of these personal stories is an outrage and will often generate anger in the listener. Stories lead those who do not live the injustices of our civil justice system every day ...


A Few Interventions And Offerings From Five Movement Lawyers To The Access To Justice Movement, Jennifer Ching, Thomas B. Harvey, Meena Jagannath, Purvi Shah, Blake Strode Apr 2019

A Few Interventions And Offerings From Five Movement Lawyers To The Access To Justice Movement, Jennifer Ching, Thomas B. Harvey, Meena Jagannath, Purvi Shah, Blake Strode

Fordham Law Review Online

We are five lawyers who occupy very different corners of justice work. We are civil rights, human rights, and criminal defense lawyers, and we have worked at and managed legal services programs. We have taught law at law schools and universities and have built our own organizations. We currently work in interdisciplinary spaces with community organizers, funders, and other stakeholders in the justice system. As diverse as our perspectives are, we share a common belief that any mobilization around access to justice fails if it does not center the vision and strategies of larger social justice movements. We share here ...


The Legal Empowerment Movement And Its Implications, Peter Chapman Apr 2019

The Legal Empowerment Movement And Its Implications, Peter Chapman

Fordham Law Review Online

Around the world, a global legal empowerment movement is transforming the way in which people access justice. The concept of legal empowerment is rooted in strengthening the ability of communities to: “understand, use and shape the law.” The movement relies on people helping one another to stand up to authority and challenge injustice. At its center are paralegals, barefoot lawyers, and community advocates. Backed up by lawyers, these advocates are having significant impacts.


A National Movement For Access To Justice Must Be Holistic, Justine Olderman, Runa Rajagopal Apr 2019

A National Movement For Access To Justice Must Be Holistic, Justine Olderman, Runa Rajagopal

Fordham Law Review Online

Jazmine Headley is one of many parents across New York City who depends on childcare benefits in order to work and to be the best single parent she can be to her one-year-old son. When her son’s daycare reported that it was no longer receiving payment from the city-issued childcare voucher, Jazmine’s only option was to take a day off of work to go to her local benefits center and figure out what was wrong. Making the trip to the benefits center meant that Jazmine had to miss a full day’s wage, and navigate the bureaucratic public ...


Building A Movement: The Lessons Of Fines And Fees, Lisa Foster Apr 2019

Building A Movement: The Lessons Of Fines And Fees, Lisa Foster

Fordham Law Review Online

I doubt we will ever experience something we (or others) would call an Access to Justice Movement in the United States. The goal is too amorphous, lacks immediacy, and doesn’t resonate: If people don’t perceive that many of their problems have a legal solution, why would they rally to support “100 percent access to effective assistance for essential civil legal needs”? The legal system is too big, too complicated, and too removed from people’s everyday experiences. And especially in low-income communities of color, distrust of the justice system runs deep. People don’t want access to a ...


Integrating The Access To Justice Movement, Lauren Sudeall Apr 2019

Integrating The Access To Justice Movement, Lauren Sudeall

Fordham Law Review Online

Last fall, advocates of social change came together at the A2J Summit at Fordham University School of Law and discussed how to galvanize a national access to justice movement—who would it include, and what would or should it attempt to achieve? One important preliminary question we tackled was how such a movement would define “justice,” and whether it would apply only to the civil justice system. Although the phrase “access to justice” is not exclusively civil in nature, more often than not it is taken to have that connotation. Lost in that interpretation is an opportunity to engage in ...


Self-Representation Is Becoming The Norm And Driving Reform, Katherine Alteneder Apr 2019

Self-Representation Is Becoming The Norm And Driving Reform, Katherine Alteneder

Fordham Law Review Online

The impact of civil legal entanglement on individuals and communities in matters involving essential basic needs—such as housing, safety, food security, health, education, wages, and family matters—is profound, and, unlike criminal proceedings, there is no right to counsel. Thus, people are, for the most part, their own champions. The outcomes of these entanglements shape the culture, well-being, and capacity of our communities and ought to be of fundamental concern for those engaged in social justice, anti-poverty, and civil rights work.


Don't Go It Alone, Ariel Simon, Sandra Ambrozy Apr 2019

Don't Go It Alone, Ariel Simon, Sandra Ambrozy

Fordham Law Review Online

Civil legal challenges cut across an astonishing range of headline-making social issues. And so, while it is possible to make a compelling case for “access to justice” without tying it to issues of inequality, mobility, race, and equity, that is no way to build or ally with a movement. Access to justice should not just be about “justice” in a narrow legalistic sense, but in the way that the broader world understands it and people feel it, driven by imperatives such as: expanding opportunities for underserved populations; creating legal systems that protect the most vulnerable; and building institutions and structures ...


Access To Legal Help Is A Human Service, Jo-Ann Wallace Apr 2019

Access To Legal Help Is A Human Service, Jo-Ann Wallace

Fordham Law Review Online

We are in a pivotal, transformational moment for justice reform in the United States. One of the key strategies undergirding the transformation is a redefinition of interrelated systems that can work together to improve lives. This includes defining access to legal help as an integral part of human services systems.


Striking A Match, Not A Pose, For Access To Justice, Gillian K. Hadfield Apr 2019

Striking A Match, Not A Pose, For Access To Justice, Gillian K. Hadfield

Fordham Law Review Online

One of the things that persistently puzzles and frustrates me in my work on access to justice is just how hard it is to light a fire under anyone about this issue. And I do not think that we are going to make progress on access to justice—to start a movement—until that fire is lit.


"What Do We Want!"?, Rebecca L. Sandefur Apr 2019

"What Do We Want!"?, Rebecca L. Sandefur

Fordham Law Review Online

If asked, most Americans would very likely say that they would rather have “justice” than something like “injustice.” And if asked what “justice” means, many would have an answer. Some responses would name abstract ideals from one religious or cultural tradition or another. One of this type that is particularly dear to me speaks of letting the oppressed go free and breaking every yoke. But other answers about the meaning of justice would be more concrete: “my son wouldn’t be in jail”; “I could pay my hospital bills”; “somebody would help me with this problem.” These definitions of justice ...


A Perspective From The Judiciary On Access To Justice, Jonathan Lippman Apr 2019

A Perspective From The Judiciary On Access To Justice, Jonathan Lippman

Fordham Law Review Online

I decided early in 2009, upon becoming Chief Judge and the steward of the justice system in New York, to focus my energy on ensuring that everyone gets their day in court. Regardless of how a person looks or where he or she was born, and regardless of whether or not a person has resources or power, justice cannot be about the color of your skin or the amount of money in your pocket. Justice must mean that when people are fighting for the necessities of life, for the roof over their heads, they must get the legal assistance that ...


Building The Access To Justice Movement, David Udell Apr 2019

Building The Access To Justice Movement, David Udell

Fordham Law Review Online

There are innumerable individual problems of access to civil justice. Civil justice, or its absence, will often determine whether people can keep their homes, their family relationships, their health and well-being, their actual safety, their jobs, and their opportunity for a fair resolution of so many more of the challenges that life presents. There are presently many important efforts that enable people to obtain justice, both through the direct provision of legal services and through the broader pursuit of systemic reforms, such as securing and expanding civil rights to counsel, expanding roles for non-lawyers to empower individuals and communities, making ...


Affirming Firm Sanctions: The Authority To Sanction Law Firms Under 28 U.S.C. § 1927, Vincent J. Margiotta Oct 2017

Affirming Firm Sanctions: The Authority To Sanction Law Firms Under 28 U.S.C. § 1927, Vincent J. Margiotta

Fordham Law Review

A circuit split exists as to whether 28 U.S.C. § 1927 allows for an award of sanctions against nonattorneys or nonrepresentatives. Five federal courts of appeals—the Second, Third, Eighth, Eleventh, and the District of Columbia Circuits—hold that, to further the purpose of 28 U.S.C. § 1927, courts have the authority to sanction a law firm for the conduct of its attorneys, in addition to the authority to sanction individual officers of the court. The Sixth, Seventh, and Ninth Circuits disagree, concluding that the statute allows federal courts to sanction only individuals—“attorney[s] or other person ...


See No Fiduciary, Hear No Fiduciary: A Lawyer’S Knowledge Within Aiding And Abetting Fiduciary Breach Claims, Brinkley Rowe Dec 2016

See No Fiduciary, Hear No Fiduciary: A Lawyer’S Knowledge Within Aiding And Abetting Fiduciary Breach Claims, Brinkley Rowe

Fordham Law Review

Fiduciary liability for attorney conduct generally extends only to direct clients of legal services. Over the last few decades, however, the lawyer’s role has expanded. Following this trend, fiduciary liability also has expanded to allow third-party claims in certain limited circumstances. One example is the attorney aiding and abetting a client’s fiduciary breach claim. One of the key requirements for liability under this claim is the attorney’s knowledge of his client’s fiduciary relationship with the third party alleging the breach. Within those jurisdictions that have accepted the claim, there are two approaches to the knowledge element ...


A Legal And Ethical Puzzle: Defense Counsel As Quasi Witness, Elizabeth Slater Dec 2016

A Legal And Ethical Puzzle: Defense Counsel As Quasi Witness, Elizabeth Slater

Fordham Law Review

The U.S. criminal justice system is built on the concept of an adversarial trial. The defense and prosecution present competing narratives to a neutral audience that judges whether the prosecution has proved its case beyond a reasonable doubt. In this context, defense counsel is expected to be a zealous advocate for the defendant, providing the most effective representation possible in light of the evidence presented by the government. However, there are occasions outside of trial where defense counsel’s traditional role changes and she is asked to disclose, not to the jury, but to the court, personal opinions and ...


Inside Lawyers: Friends Or Gatekeepers?, Sung Hui Kim Apr 2016

Inside Lawyers: Friends Or Gatekeepers?, Sung Hui Kim

Fordham Law Review

Part I of this Article sets the stage by contrasting two alternative proposals to reform the inside lawyer's role—my reform and Hamermesh's counterreform. Part II discusses the primary empirical disagreements between the two approaches. Part III interrogates the propriety and the utility of invoking the “lawyer as friend” analogy as a model to guide inside counsel's relationships with managers.


The Practice Of Law As A Useful Art: Toward An Alternative Theory Of Professionalism, Norman W. Spaulding Mar 2016

The Practice Of Law As A Useful Art: Toward An Alternative Theory Of Professionalism, Norman W. Spaulding

Fordham Urban Law Journal

No abstract provided.


"Professionalism" As Pathology: The Aba's Latest Pollicy Debate On Nonlawyer Ownership Of Law Practice Entities, Ted Schneyer Mar 2016

"Professionalism" As Pathology: The Aba's Latest Pollicy Debate On Nonlawyer Ownership Of Law Practice Entities, Ted Schneyer

Fordham Urban Law Journal

No abstract provided.


The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Vibeke Lehmann Nielson Mar 2016

The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Vibeke Lehmann Nielson

Fordham Urban Law Journal

Professionals working inside companies may bring with them frames of mind set by their professional experience and socialization. Lawyers, in particular, are said to “think like a lawyer”—to have a lawyer cast of mind. In seeking power within a company and in exercising the power that they obtain, professionals may draw on their professional background to frame, name, diagnose, and prescribe a remedy for the company’s problems. In making decisions about their compliance with the law, companies are constrained not only by their environment, but also by their agents’ understanding of whose (or what) interests the company should ...


A History Of Professionalism: Julius Henry Cohen And The Professions As A Route To Citizenship, Rebecca Roiphe Mar 2016

A History Of Professionalism: Julius Henry Cohen And The Professions As A Route To Citizenship, Rebecca Roiphe

Fordham Urban Law Journal

No abstract provided.


Nothing New Under The Sun: How The Legal Profession's Twenty-First Century Challenges Resemble Those Of The Turn Of The Twentieth Century, Russell G. Pearce, Pam Jenoff Mar 2016

Nothing New Under The Sun: How The Legal Profession's Twenty-First Century Challenges Resemble Those Of The Turn Of The Twentieth Century, Russell G. Pearce, Pam Jenoff

Fordham Urban Law Journal

No abstract provided.


Implications Of Globalization For The Professional Status Of Lawyers In The United States And Elsewhere, Nancy J. Moore Mar 2016

Implications Of Globalization For The Professional Status Of Lawyers In The United States And Elsewhere, Nancy J. Moore

Fordham Urban Law Journal

No abstract provided.


In Defense Of The Business Of Law, Judith A. Mcmorrow Mar 2016

In Defense Of The Business Of Law, Judith A. Mcmorrow

Fordham Urban Law Journal

No abstract provided.


The Law: Business Or Profession?: The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine Mar 2016

The Law: Business Or Profession?: The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine

Fordham Urban Law Journal

No abstract provided.


An Entrepreneurial Perspective On The Business Of Being In Our Profession, Steven H. Hobbs Mar 2016

An Entrepreneurial Perspective On The Business Of Being In Our Profession, Steven H. Hobbs

Fordham Urban Law Journal

No abstract provided.


Rehabilitating Lawyers: Perceptions Of Deviance And Its Cures In The Lawyer Reinstatement Process, Bruce Green, Jane Campbell Moriarty Mar 2016

Rehabilitating Lawyers: Perceptions Of Deviance And Its Cures In The Lawyer Reinstatement Process, Bruce Green, Jane Campbell Moriarty

Fordham Urban Law Journal

State courts’ approach to lawyer admissions and discipline has not changed fundamentally in the past century. Courts still place faith in the idea that “moral character” is a stable trait that reliably predicts whether an individual will be honest in any given situation. Although research in neuroscience, cognitive science, psychiatry, research psychology, and behavioral economics (collectively “cognitive and social science”) has influenced prevailing concepts of personality and trustworthiness, courts to date have not considered whether they might change or refine their approach to “moral character” in light of scientific insights. This Article examines whether courts should reevaluate how they decide ...


Dichotomy No Longer? The Role Of The Private Business Sector In Educating The Future Russian Legal Professions, Philip M. Genty Mar 2016

Dichotomy No Longer? The Role Of The Private Business Sector In Educating The Future Russian Legal Professions, Philip M. Genty

Fordham Urban Law Journal

No abstract provided.