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Articles 1 - 30 of 56
Full-Text Articles in Other Law
Life Cycles Of American Legal History Through Bob Dylan's Eyes, Laurie Serafino
Life Cycles Of American Legal History Through Bob Dylan's Eyes, Laurie Serafino
Fordham Urban Law Journal
This Article will examine, from a legal perspective, Dylan's ideas on social policy and change. It begins with an in-depth look at the treatment of African Americans before, during, and after the Civil War by looking at relevant legal statutes and Supreme Court Cases. This Article then looks to the second cycle of revolution to gain Dylan's attention, the struggle of the worker and immigrant during the twentieth century. This article concludes by examining current domestic issues in the third cycle of revolution-- specifically, how corporations exert significant domination over the political process.
Arrested Development: Bob Dylan, Held For Questioning Under Suspicion Of "Autism", Alex Lubet
Arrested Development: Bob Dylan, Held For Questioning Under Suspicion Of "Autism", Alex Lubet
Fordham Urban Law Journal
This Article discusses an encounter Bob Dylan had with the law and its meaning in the context of the social constructions of mental disability, in general, and on autism in particular. The author does not speculate on Dylan's autism status.
A Home Of Its Own: The Role Of Poverty Law In Furthering Law Schools' Mission, Marie A. Fallinger
A Home Of Its Own: The Role Of Poverty Law In Furthering Law Schools' Mission, Marie A. Fallinger
Fordham Urban Law Journal
This essay argues that poverty law can and should be a part of the law school curriculum. If the law school believes it mission to be creating "1) lawyers as public citizens and leaders; 2) lawyers as skilled technicians of the law; 3) lawyers as skilled counselors; 4) lawyers as advocates on behalf of a cause in legal institutions; and 5) lawyers as transformational partners with the poor" then poverty law instruction is vital.
Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly Moran, Stephanie M. Wildman
Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly Moran, Stephanie M. Wildman
Fordham Urban Law Journal
This Article attempts to demonstrate that legal and racial disparities are taken into account in legal decisions and throughout the legal system, despite people's belief and hope that the law is color and wealth blind. Furthermore, this Article demonstrates that race has always affected U.S. law and the legal system. Finally, prominent examples of race-and-class-neutral law are not neutral at all, but include some inherent biases.
Employer-Based Training Programs For Tanf Recipients: A Public Policy Examination, Nan S. Ellis
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 …
Policing Post-9/11, Robert J. Louden
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 …
The “Threat Of Terrorism” And The Right To The Cit, Peter Marcuse
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.
Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World
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 …
The Return Of Spending Limits: Campaign Finance After Landell V. Sorrell, Richard Briffault
The Return Of Spending Limits: Campaign Finance After Landell V. Sorrell, Richard Briffault
Fordham Urban Law Journal
The article begins by introducing Landell and stating that it is an important decision in campaign finance law because it is the first time since Buckley that a court has held that a candidate expenditure limitation can be constitutional. It then goes through a history of the evolving judicial consideration of candidate expenditure limitations, discussing cases such as Buckley, Homans, and Landell. The article continues by discussing the Landell panels assertion that public funding and spending limits may actually be in conflict with one another. It then goes through some arguments that make the case for spending limits, including prevention …
Securing America’S Capital, Patricia E. Gallagher
Securing America’S Capital, Patricia E. Gallagher
Fordham Urban Law Journal
The concrete barriers, sewer pipes, and chain-link fencing that prompted the National Capital Planning Commission’s security efforts inconvenienced city residents, workers, and visitors and degraded the appearance of one of the most carefully designed and naturally beautiful cities in the world. And yet, what made these barriers intolerable was their underlying message—that the nation’s capital would allow terrorists to limit the American hallmark of open access. The National Capital Planning Commission does not ask federal agencies to ignore the threat reality, but it does ask that agencies cease to install monuments of fear and retrenchment. As the capital’s watchful steward, …
A Practitioner's Reflections: The Ongoing Relevance Of The Pro Bono Response To 9/11, Ronald J. Tabak
A Practitioner's Reflections: The Ongoing Relevance Of The Pro Bono Response To 9/11, Ronald J. Tabak
Fordham Urban Law Journal
This article discusses the pro bono response to the horrendous events of 9/11 and its ongoing importance. This is not simply because these efforts could replicated or improved on as a response in the event of another catastrophe. More importantly, what was and was not accomplished and by whom, plus the spillover effects of 9/11-related pro bono efforts, all have great significance to efforts to increase "regular” pro bono activities.
Preparing For The Worst: Re-Envisioning Disaster Legal Relief In The Era Of Homeland Security, Martha F. Davis
Preparing For The Worst: Re-Envisioning Disaster Legal Relief In The Era Of Homeland Security, Martha F. Davis
Fordham Urban Law Journal
The New York legal community's response to the September 11th disaster provides an excellent example of pro bono assistance in a time of crisis. The New York response featured many well-trained lawyers with extensive resources and organizational efforts from the New York City bar. However, not all communities have the same resources and ability to mobilize for a large pro bono effort in response to a disaster. While the New York response was impressive, a lasting effect on pro bono participation or an improvement in the public's perception of the legal profession has not resulted. This essay explores whether, despite …
Normalcy After 9/11: Public Service As The Crisis Fades, Russell Engler
Normalcy After 9/11: Public Service As The Crisis Fades, Russell Engler
Fordham Urban Law Journal
The legal community's response to 9/11 was fast, thoughtful, comprehensive, creative, and collaborative. The success of the legal community's efforts must be measured not only by analysis of the response to the 9/11 crisis itself, but also by consideration of whether the lessons learned paved the way for an improved response for the legal community to the legal crises facing families every day. The Report on the New York City Bar's response to 9/11 outlined unmet legal needs, many of which still remain unmet. There is also a risk that those responding to the crisis were diverted from attending to …
Public Service In A Time Of Crisis: A Report And Retrospective On The Legal Community's Response To The Events Of September 11, 2001
Fordham Urban Law Journal
The attacks on September 11, 2001 were unprecedented in scope, and the legal needs that grew out of the attacks were varied and far-reaching. This report summarizes the response of the legal community to these needs. The response was fast, thoughtful, comprehensive, and creative. And as a result, thousands of people were helped and thousands of lawyers were able to use their professional talents and skills in a manner that both led to important services being provided to people in need and resulted in great personal satisfaction. In response to 9/11, the institutions that make up the New York area …
The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris
The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris
Fordham Urban Law Journal
An overview of different topics covered by the journal throughout the years.
The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris
The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris
Fordham Urban Law Journal
An overview of different topics covered by the journal throughout the years.
The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris
The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris
Fordham Urban Law Journal
A general overview of the journal's progress and publications.
The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris
The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris
Fordham Urban Law Journal
A general overview of the journal's progress and publications.
From Household Bathrooms To The Workplace: Bringing The Americans With Disabilities Act Back To Where It Belongs: An Analysis Of Toyota Motor Manufacturing V. Williams, Argun M. Ulgen
Fordham Urban Law Journal
The purpose of this Comment is to analyze how the Supreme Court's treatment of the ADA in Toyota Motor Manufacturing deviated from the economic goals that Congress targeted when it passed the ADA, and argue that plaintiffs such as Ella Williams are exactly whom Congress had in mind when enacting the ADA. In accordance with Congress's intent under Title I of the ADA, "to provide clear, strong, consistent, and enforcable standards addressing discrimination against individuals," this Comment then attempts to establish a clearer, more formal definition of disability, centered on Congress's remedial economic purposes in enacting the ADA. Part I …
Remarks By The Honorable Judith S. Kaye: Access To Justice Conference, September 11, 2001, The Honorable Judith S. Kaye
Remarks By The Honorable Judith S. Kaye: Access To Justice Conference, September 11, 2001, The Honorable Judith S. Kaye
Fordham Urban Law Journal
Remarks at the Access to Justice Conference: September 11, 2001
Unbundled Legal Services: Untying The Bundle In New York State, Justice Fern Fisher-Brandveen, Rochelle Klempner
Unbundled Legal Services: Untying The Bundle In New York State, Justice Fern Fisher-Brandveen, Rochelle Klempner
Fordham Urban Law Journal
This Article addresses the practice of unbundled legal services as a solution to lack of access to legal aid by the poor. Unbundled legal services is a process by which the client and lawyer agree that the lawyer will provide some, but not all, of the work involved in traditional full service representation. The Article discusses and and evaluates the pros, such as increasing access to justice and efficiency in the courtroom with cons, such as malpractice and ethical concerns.
In Defense Of Ghostwriting, Jona Goldschmidt
In Defense Of Ghostwriting, Jona Goldschmidt
Fordham Urban Law Journal
This Article analyzes the legal community's resistance to ghostwriting for pro se litigants. It examines the nature, extent and benefits of ghostwriting. It analyzes objections to ghostwriting raised in case law and ethics opinions. It describes recent ghostwriting recommendations and regulatory developments. The Article discusses the relevance of the duty of confidentiality and the attorney-client privilege to ghostwriting. It analyzes the legal community's resistance to ghostwriting. The Article concludes that ghostwriting serves a growing segment of the pro se population and that it doesn't violate the court rules or ethical principles.
Don't Confuse Metatags With Initial Interest Confusion, Yelena Dunaevsky
Don't Confuse Metatags With Initial Interest Confusion, Yelena Dunaevsky
Fordham Urban Law Journal
This Comment focuses on whether the legal doctrine of "initial interest confusion" should be applied in metatag related trademark infringement cases. The Comment agues that because "initial interest confusion" does not improve or clarify the existing process of legal inquiry in a trademark infringement litigation, the doctrine is a superfluous legal tool and may even be harmful from a public policy perspective.
Remarks By The Honorable Jonathan Lippman, Jonathan Lippman
Remarks By The Honorable Jonathan Lippman, Jonathan Lippman
Fordham Urban Law Journal
Remarks by the Honorable Jonathan Lippman at the Access to Justice Conference
Equal Protection Denied In New York To Some Family Law Litigants In Supreme Court: An Assigned Counsel Dilemma For The Courts, Robert M. Elardo
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.
Welcome, John D. Feerick
Welcome, John D. Feerick
Fordham Urban Law Journal
Welcome speech given by Dean Feerick.
Remarks
Fordham Urban Law Journal
Remarks by Rudolph W. Guliani in memory of Bill Tendy.
The Spirit And The Law , Thomas W. Porter, Jr.
The Spirit And The Law , Thomas W. Porter, Jr.
Fordham Urban Law Journal
This Essay asserts that the practice of law is experiencing a spiritual crisis at both the personal and professional level. The Essay seeks to determine the role that the crisis in our paradigms has played in the crisis our personal and institutional lives. Although the crisis in our paradigms are not necessarily responsible for all our problems, our institutions and systems can cause us to be estranged from ourselves and that is what is happening today in the practice of law. We, as a profession, are beginning to see the limitations of our old paradigm, with retributive justice as its …
Honoring The Spirit In The Law: A Lawyer's Confession Of Faith, Melissa M. Weldon
Honoring The Spirit In The Law: A Lawyer's Confession Of Faith, Melissa M. Weldon
Fordham Urban Law Journal
This Essay is a lawyer's public proclamation of her beliefs, using the words of her faith. She explains how her faith permeates through her daily life, and is even relevant to her profession as a lawyer.
A Plumber's Guide To Lawyering, Stephen P. Wink
A Plumber's Guide To Lawyering, Stephen P. Wink
Fordham Urban Law Journal
We accept as the natural way that some must lose if others are to win; that some must go hungry, while others eat fully. But, Jesus taught that there is a third way that can arrest the cycle of violence and domination. A way that strikes a chord at the core of beings so that we may fully hear and see the other person we are dealing with. This is what is sometimes called nonviolent resistance. It springs from a conversation with another -- beyond just talking -- but a dialogue of being with another on a one to one …