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Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny J. White Jan 2002

Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny J. White

Fordham Urban Law Journal

This Article discusses judicial performance evaluations as a check on judicial independence. It covers numerous performance evaluation options for measuring accountability, such as bar and media polls, state judicial evaluation programs, and the ABA Guidelines for judicial performance. It discusses the pros and cons of these options. It concludes that the information provided by state judicial performance evaluations offers valuable insight into judicial criticisms and can give voters appropriate criteria to consider in judicial elections.

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Unbundled Legal Services: Untying The Bundle In New York State, Justice Fern Fisher-Brandveen, Rochelle Klempner Jan 2002

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.

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Equal Protection Denied In New York To Some Family Law Litigants In Supreme Court: An Assigned Counsel Dilemma For The Courts, Robert M. Elardo Jan 2002

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.

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From "Renegade" Agency To Institution Of Justice: The Transformation Of Legal Services Corporation, Mauricio Vivero Jan 2002

From "Renegade" Agency To Institution Of Justice: The Transformation Of Legal Services Corporation, Mauricio Vivero

Fordham Urban Law Journal

This Article traces the evolution of the Legal Services Corporation from its near destruction in the mid-1990's to it's current state as a thriving national bipartisan organization. It discusses the challenges brought by a conservative Congress. It explores the changes made by LSC in order to gain bipartisan support.

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City Life And New Urbanism, Ray Gindroz Jan 2002

City Life And New Urbanism, Ray Gindroz

Fordham Urban Law Journal

This article discusses the importance and reintroduction of urban centers as areas of continuing development, information exchange and health in cities and suburbs. It first comments on the decay of urban centers as a result of the post-World War II push to build towns and cities which were more isolated, fragmented and anti-urban. New urbanism began in the 1970s and 80s to create neighborhoods and urban centers rather than scattered developments and has successfully continued to this day. This article identifies the design principles of these urbanists and how they are put into practice, including a case study of Park …

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Trying To Fit An Oval Shaped Island Into A Square Constitution: Arguments For Puerto Rican Statehood, Jose D. Roman Jan 2002

Trying To Fit An Oval Shaped Island Into A Square Constitution: Arguments For Puerto Rican Statehood, Jose D. Roman

Fordham Urban Law Journal

This Comment focuses on the limits placed on Puerto Rico under the United States Constitution and concludes that Puerto Rico must become the 51st state to improve its status under the Constitution. It explores Puerto Rico's relationship with the United States and its unusual position under the Constitution. This Comment then examines the voting rights issues facing Puerto Ricans, including a First Circuit case which denied Puerto Ricans the right to vote in presidential elections. The Comment concludes that this case was correctly decided and the Supreme Court, in other decisions, has only recognized a limited right to vote under …

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September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs Jan 2002

September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs

Fordham Urban Law Journal

This Comment examines how the United States should react to the threat of domestic terrorism while maintaining citizens' civil liberties in the wake of the events on September 11, 2001. The Comment first compares and contrasts three classic theories of democracy: constitutional democracy, representative democracy and deliberative democracy. It next describes how representative and constitutional democracy were applied during the Japanese internment during World War II. Part III compares the Japanese internment to the challenges after the September 11 attacks and analyzes the roles different branches should have in protecting civil liberties. Finally, the Comment recommends applying a theory of …

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The Birth Of A Problem-Solving Court, Rolando Acosta, Anne Swern, Lisa Schreibersdorf, Gloria Sosa-Lintner Jan 2002

The Birth Of A Problem-Solving Court, Rolando Acosta, Anne Swern, Lisa Schreibersdorf, Gloria Sosa-Lintner

Fordham Urban Law Journal

No abstract provided.

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What The Data Shows, Carl Baar, Stephen Belenko, Aubrey Fox, Rachel Porter Jan 2002

What The Data Shows, Carl Baar, Stephen Belenko, Aubrey Fox, Rachel Porter

Fordham Urban Law Journal

No abstract provided.

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How Does The Community Feel About Problem-Solving Courts?, Michele Bertran, Mary Barr, Charles Grodin, Monroe Freedman, Jacqueline Nolan-Haley Jan 2002

How Does The Community Feel About Problem-Solving Courts?, Michele Bertran, Mary Barr, Charles Grodin, Monroe Freedman, Jacqueline Nolan-Haley

Fordham Urban Law Journal

No abstract provided.

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Judiciary Ombudsman: Solving Problems In The Courts, Michele Bertran Jan 2002

Judiciary Ombudsman: Solving Problems In The Courts, Michele Bertran

Fordham Urban Law Journal

No abstract provided.

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The Judicial Perspective, Jo Ann Ferdinand, William Schma, James Yates, Peggy Hora, John Martin Jan 2002

The Judicial Perspective, Jo Ann Ferdinand, William Schma, James Yates, Peggy Hora, John Martin

Fordham Urban Law Journal

No abstract provided.

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Therapeutic Jurisprudence, Neo-Rehabilitationism, And Judicial Collectivism: The Least Dangerous Branch Becomes The Most Dangerous, Morris Hoffman Jan 2002

Therapeutic Jurisprudence, Neo-Rehabilitationism, And Judicial Collectivism: The Least Dangerous Branch Becomes The Most Dangerous, Morris Hoffman

Fordham Urban Law Journal

No abstract provided.

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The Agony Of Ecstasy: Reconsidering The Punitive Approach To United States Drug Policy, Amanda Kay Jan 2002

The Agony Of Ecstasy: Reconsidering The Punitive Approach To United States Drug Policy, Amanda Kay

Fordham Urban Law Journal

No abstract provided.

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The Jewish Criminal Lawyer's Dilemma, Israel Greisman Jan 2002

The Jewish Criminal Lawyer's Dilemma, Israel Greisman

Fordham Urban Law Journal

No abstract provided.

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Toward Epistemic Justice: A Response To Professor Goldberg, Dominic J. Balestra Jan 2002

Toward Epistemic Justice: A Response To Professor Goldberg, Dominic J. Balestra

Fordham Urban Law Journal

This Article is a response to Steven Goldberg's article and lecture "Religious Contributions to the Bioethics Debate: Utilizing Legal Rights while Avoiding Scientific Temptations," 30 Fordham Urb. L.J., 35 (2002) (available at http://new.fordhamj.org/demonstration/dc/v30/13_30FordhamUrbLJ35(2002-2003).pdf). The author argues that the question is not the place of values in a world of fact, but the place of facts in a world of values.

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Assisted Reproductive Technologies And The Constitution, Carl H. Coleman Jan 2002

Assisted Reproductive Technologies And The Constitution, Carl H. Coleman

Fordham Urban Law Journal

This Article discusses potential policies regarding assisted reproductive technologies (ARTs). The initial question is whether ARTs should be viewed as private matters or as issues that affect overall social good. The author explains that this question may be answered by the Supreme Court's interpretation of the principles of procreative liberty. He then examines Supreme Court decisions regarding reproductive rights, including the unstated right to bear children as well as abortion rights. He extrapolates from these cases the Court's possible views on ARTs and what constitutional protections should be afforded reproductive technologies.

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Informed Consent Without Autonomy, Daniel P. Sulmasy Jan 2002

Informed Consent Without Autonomy, Daniel P. Sulmasy

Fordham Urban Law Journal

This Essay explains why and how the Roman Catholic basis for informed consent is different from the secular basis. It argues that the Catholic basis, which is rooted in "natural law," is the better model for society to adopt. The author explains that the secular view is rooted in the belief that patient autonomy must never be violated but the Catholic view is based on human dignity, which simply requires doctors to allow patients to exercise their free will within moral limits. This view allows doctors to override patients' decisions if those decisions are morally wrong or irrational.

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The Physician's Conscience, Conscience Clauses, And Religious Belief: A Catholic Perspective, Edmund D. Pellegrino Jan 2002

The Physician's Conscience, Conscience Clauses, And Religious Belief: A Catholic Perspective, Edmund D. Pellegrino

Fordham Urban Law Journal

This Essay explores how physicians may handle conflicts of conscience facing Roman Catholic health practitioners regarding "human life" issues, especially through conscience clauses. In five parts, the author examines "first, why conscientious objection is so important in our day; second, the moral grounding for freedom in the exercise of conscience; third, the components of the physician's conscience; fourth, specific conflicts of conscience for Catholic physicians and institutions; and fifth, competing models of conflict resolution."

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Exploring Methods To Improve Management And Fairness In Pro Se Cases: A Study Of The Pro Se Docket In The Southern District Of New York, Jonathan D. Rosenbloom Jan 2002

Exploring Methods To Improve Management And Fairness In Pro Se Cases: A Study Of The Pro Se Docket In The Southern District Of New York, Jonathan D. Rosenbloom

Fordham Urban Law Journal

This Article describes a study done in the Southern District of New York on pro se cases. Part I details the lack of current data and the methods used in the study. Part II provides the results of the study amd attempts to identify the areas of pro se litigation in which litigants are faced with the most problems and where improvement is needed. It also discusses the effects of the Prison Litigation Reform Act. Part III suggests a plan that will help courts run more smoothly in assisting pro se litigants.

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Furthering Justice By Improving The Adversary System And Making Lawyers More Accountable, Roger C. Cramton Jan 2002

Furthering Justice By Improving The Adversary System And Making Lawyers More Accountable, Roger C. Cramton

Fordham Law Review

No abstract provided.

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Rolling Contracts, Robert A. Hillman Jan 2002

Rolling Contracts, Robert A. Hillman

Fordham Law Review

No abstract provided.

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Local Meets Global: Transitional Justice In Northern Ireland, Colm Campbell, Fionnuala Ní Aoláin Jan 2002

Local Meets Global: Transitional Justice In Northern Ireland, Colm Campbell, Fionnuala Ní Aoláin

Fordham International Law Journal

Part I of the Essay assesses the current state of global transitional discourses in light of the critique of current developments offered by Ruti Teitel, William Schabas, Brandon Hamber, Kathleen Cavanaugh and others. This is followed in Part II by an examination of the distinctiveness of the broad contours of the Northern Ireland transition, setting the scene for an exploration of more discrete themes affecting the region: the problem of the past (Part III); and the dynamics of institutional change (Part IV). Part V offers some conclusions.

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Transitional Policing Arrangements In Northern Ireland: The Can't And The Won't Of The Change Dialectic, Mary O'Rawe Jan 2002

Transitional Policing Arrangements In Northern Ireland: The Can't And The Won't Of The Change Dialectic, Mary O'Rawe

Fordham International Law Journal

This Article will chart the extent to which this phenomenon has been and is recurring in Northern Ireland since the period of the 1994 Irish Republican Army ("IRA") ceasefire. It will examine the dangers in underestimating the capacity of institutions, structures, and individuals to resist change. It will also explore the potential of such resistance to claw back gains that on the face of it have already been made in formal inter-party negotiations. In the process, the Article will seek to identify why real change in policing is both so important and so difficult in a society seeking to leave …

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Tribute To John Moran, Joseph Crowley, John D. Feerick, Mark E. Moran Jan 2002

Tribute To John Moran, Joseph Crowley, John D. Feerick, Mark E. Moran

Fordham Law Review

No abstract provided.

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Legal Ethics Advisors And The Interests Of Justice: Is An Ethics Advisor A Conscience Or A Co-Conspirator?, Roy D. Simon Jan 2002

Legal Ethics Advisors And The Interests Of Justice: Is An Ethics Advisor A Conscience Or A Co-Conspirator?, Roy D. Simon

Fordham Law Review

No abstract provided.

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The Belated Decline Of Literalism In Professional Repsonsiblity Doctrine: Soft Deception And The Rule Of Law, William H. Simon Jan 2002

The Belated Decline Of Literalism In Professional Repsonsiblity Doctrine: Soft Deception And The Rule Of Law, William H. Simon

Fordham Law Review

No abstract provided.

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Constructing The Practices Of Accoutability And Professionalism: A Comment On In The Interests Of Justice, Susan Sturm Jan 2002

Constructing The Practices Of Accoutability And Professionalism: A Comment On In The Interests Of Justice, Susan Sturm

Fordham Law Review

No abstract provided.

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Five Lessons For Practicing Law In The Interests Of Justice, Fred C. Zacharias Jan 2002

Five Lessons For Practicing Law In The Interests Of Justice, Fred C. Zacharias

Fordham Law Review

No abstract provided.

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John D. Feerick: Setting The Course, Robert J. Reilly Jan 2002

John D. Feerick: Setting The Course, Robert J. Reilly

Fordham Law Review

No abstract provided.

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