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Articles 1021 - 1050 of 1523
Full-Text Articles in Entire DC Network
Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss
Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss
Fordham Law Review
No abstract provided.
Everests Of The Mundane: Conflict Of Interest In Real-World Legal Practice, Susan P. Shapiro
Everests Of The Mundane: Conflict Of Interest In Real-World Legal Practice, Susan P. Shapiro
Fordham Law Review
No abstract provided.
Welcoming Remarks--April 6, 2000, Michael A. Cooper
Welcoming Remarks--April 6, 2000, Michael A. Cooper
Fordham International Law Journal
The speaker welcomes the attendees, who come from fourteen different countries, and outlines five common characteristics that unite those present. First, there is a significant number of people in our societies who live below the poverty line and who routinely have their legal needs overlooked. Second, the attendees recognize that basic human needs are protected by legal rights, and legal assistance and access to justice are necessary to vindicate those rights. Third, the resources currently available to help the poor address their legal needs are woefully inadequate in almost all of the countries represented. Fourth, those meeting today share a …
The Role Of The Law Guardian In A Custody Case Involving Domestic Violence, Nancy S. Erickson
The Role Of The Law Guardian In A Custody Case Involving Domestic Violence, Nancy S. Erickson
Fordham Urban Law Journal
A law guardian for a child has an extremely difficult job, one that arguably requires a higher degree of diligence than that of an attorney representing a competent adult. Yet, under New York law, the role of the law guardian for a child involved in a custody is not clearly defined. When domestic violence is involved, the law guardian's role becomes crucial. The role of the law guardian for a child in a custody case involving domestic violence has been expanded as a result of the enactment of chapter 85 of the 1996 Laws of New York. This article outlines …
The Uccjea: What Is It And How Does It Affect Battered Women In Child-Custody Disputes, Joan Zorza
The Uccjea: What Is It And How Does It Affect Battered Women In Child-Custody Disputes, Joan Zorza
Fordham Urban Law Journal
The Uniform Child-Custody Jurisdiction and Enforcement Act ("UCCJEA") is the revised version The Uniform Child Custody Jurisdiction Act ("UCCJA"), which states are now being asked to adopt immediately in its stead. The UCCJA was the original model act for states to determine when they have jurisdiction to decide a custody case and when they must give full faith and credit to the custody decrees of other states. When the National Conference of Commission on Uniform State Laws ("NCCUSL") wrote the UCCJA in 1968, it sought to correct two major problems of its day: child abductions by family members and jurisdiction …
Rebellious Or Regnant: Police Brutality Lawyering In New York City, Jessica A. Rose
Rebellious Or Regnant: Police Brutality Lawyering In New York City, Jessica A. Rose
Fordham Urban Law Journal
The author encourages progressive lawyers of New York City to adopt a more rebellious form of practice to combat police brutality while empowering the client and community. This comment analyzes legal representation of New York police brutality victims through the perspective of Professor Gerald Lopez's theory of rebellious lawyering. The comment first describes rebellious lawyering and includes criticism and discussion of other related theories. Next, the author discusses leading methods of representation used in New York City in police brutality cases and the regnant and rebellious characteristics of each method. The author finds that a more creative and rebellious method …
Public Declarations Of Professionalism Professionalism Symposium, Bruce A. Green
Public Declarations Of Professionalism Professionalism Symposium, Bruce A. Green
Faculty Scholarship
When it comes to the subject of "professionalism," there is a gap between the leaders of the organized bar and its members. Bar leaders are eager to discuss the subject. For example, this year's annual meeting of the American Bar Association ("ABA") afforded bar leaders, as well as legal academics, a host of opportunities to share strategies to promote "professionalism" and "professional values." The Section of Legal Education and Admissions to the Bar sponsored a program on "Professionalism in Law Schools and the Profession." Organizations representing bar executives, bar presidents, and bar foundations jointly presented a program called "Tough Talk, …
Charging Battered Mothers With "Failure To Protect": Still Blaming The Victim
Charging Battered Mothers With "Failure To Protect": Still Blaming The Victim
Fordham Urban Law Journal
Domestic violence harms children and families. In the past several years, efforts to recognize this harm have led to the passage of new state laws that allow for concurrent criminal and family court jurisdiction in domestic violence cases, mandate arrest in domestic violence situations and require courts to consider domestic violence as a factor in custody decisions. Unfortunately, the heightened awareness of the harm domestic violence causes children has also resulted in a punitive policy towards battered women in the child welfare system. Increasingly in New York City, abuse and neglect proceedings are brought against battered mothers. Their children are …
The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes, Anna M. Taruschio
The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes, Anna M. Taruschio
Fordham Urban Law Journal
The dual principles of promoting the marketplace of ideas and protecting individual autonomy lie at the core of the First Amendment. When the government assumes an affirmative role by opening opportunities for public speech, it places individuals' negative liberties, such as the right not to speak, at risk. This conflict cannot be avoided by analyzing compelled speech outside of the First Amendment; the autonomy promised by the Bill of Rights and repeatedly affirmed by Supreme Court jurisprudence protects the right not to speak. Scholars, jurists, and practitioners therefore should pay close attention to the right not to speak when the …
Forgiveness And The Law - A Redemptive Opportunity, Douglas B. Ammar
Forgiveness And The Law - A Redemptive Opportunity, Douglas B. Ammar
Fordham Urban Law Journal
A discussion of the role of forgiveness in criminal law. The author relates the approach of the Georgia Justice Project, a nonprofit organization whose mission is to provide justice to indigent criminal defendants and help them become productive citizens.
Lawyering For Social Change, Karen L. Loewy
Lawyering For Social Change, Karen L. Loewy
Fordham Urban Law Journal
This Note explores the significance, legitimacy and methodology of lawyering for social change. It begins by examining lawyers' motives for entering into such work and the theoretical approaches toward political lawyering and the methodologies employed to effect change. It raises the question of whether it is justifiable for a lawyer to drive social change specifically considering his unique access to the legal system. The Note concludes that it is entirely legitimate for a lawyer to engage in work for social change in order to ensure that the rights of all people are protected whether through litigation, public education seminars, rallies, …
Our Drug Laws Have Failed - So Where Is The Desperately Needed Meaningful Reform?, David C. Leven
Our Drug Laws Have Failed - So Where Is The Desperately Needed Meaningful Reform?, David C. Leven
Fordham Urban Law Journal
The article begins by stating that the harsh drug laws of New York have failed to have an effect on the amount of drug dealers and instead have led to overcrowding of prisons with non-addict drug users. It states that the laws must be modified to give greater sentencing to judges, increasing diversion of non-violent offenders to rehabilitation. The article then delineates the problems resulting from current drug law and the criticism thereof. It then states the attempted reforms of drug laws that have been insufficient. The article concludes by suggesting proposals to solve the problems delineated, including proportionate sentences, …
Legal Practice Rights Of Domestic And Foreign Lawyers In The United States , Roger J. Goebel
Legal Practice Rights Of Domestic And Foreign Lawyers In The United States , Roger J. Goebel
Faculty Scholarship
In the post-World War II international economy, with its enormous growth in transnational trade and investment, multinational legal practice has become a functional reality. Within the last two decades, the volume of trans-border legal practice has grown enormously in fields such as trade law, international banking and finance, international arbitration and litigation, international contractual and joint venture arrangements, transborder acquisitions and mergers, international antitrust, inter- national tax planning, and foreign investment counselling. Domestic law firms within the leading commercial nations have not only grown substantially in size, often by merger, they have also increasingly created networks of foreign branch offices, …
More Than Money, Justice Catherine Branson
More Than Money, Justice Catherine Branson
Fordham International Law Journal
In this Paper, I refer to probably the most disadvantaged sector of the Australian community, its indigenous peoples. I have chosen this group, because Aboriginal and Torres Strait Islander peoples have become a significant body of litigants in my Court since the Federal Court of Australia was given jurisdiction to make determinations of native land title. I will start by providing some limited information concerning indigenous Australians. This information, by necessity, glosses over the diverse experiences and lifestyles of the Aboriginal and Torres Strait Islander peoples, and indeed, the diversity of non-indigenous Australian experiences and lifestyles. Nonetheless, it reflects the …
European Competition For The 21st Century, Mario Monti
European Competition For The 21st Century, Mario Monti
Fordham International Law Journal
This speech discusses recent policy developments and future trends in European Competition Policy.
What Is Access To Justice? Identifying The Unmet Legal Needs Of The Poor, Philip Alston, Dr. Alex Boraine, Justice Catherine Brannon, Hina Jilani, Justice Earl Johnson, Jr.
What Is Access To Justice? Identifying The Unmet Legal Needs Of The Poor, Philip Alston, Dr. Alex Boraine, Justice Catherine Brannon, Hina Jilani, Justice Earl Johnson, Jr.
Fordham International Law Journal
Philp Alston moderated a panel featuring Dr. Alex Boraine, Justice Catherine Branson, Hina Jilani, and Justice Earl Johnson, Jr.. The panelists discussed access to justice for the poor in their respective countries (South Africa, Australia, Pakistan, and the United States). The panelists discussed how the current system fails to address the legal needs of the poor, and what progress is being made in that area.
An Overview Of Civil Legal Services Delivery Models, Edwin Rekosh, Pascal Dourneau-Josette, Daniel L. Greenberg, David J. Mcquoid-Mason, Anne Owers
An Overview Of Civil Legal Services Delivery Models, Edwin Rekosh, Pascal Dourneau-Josette, Daniel L. Greenberg, David J. Mcquoid-Mason, Anne Owers
Fordham International Law Journal
The panel, moderated by Edwin Rekosh, discussed access to civil legal aid in various contexts. Pascal Dourneau-Jostte described the French system of legal aid, as well as the European Court of Human Right's methods of providing free legal services. Daniel McQuoid-Mason described the civil legal aid system in South Africa; he noted that only 20% of the country's legal aid goes to civil aid. Anne Owers discussed civil legal aid in the UK. Daniel Greenberg gave an overview of civil legal aid in the United States.
The Delivery Of Civil Legal Aid Services In South Africa, David J. Mcquoid-Mason
The Delivery Of Civil Legal Aid Services In South Africa, David J. Mcquoid-Mason
Fordham International Law Journal
This paper is intended to deal with the different methods of delivering civil legal aid services in South Africa. Before doing so, however, brief mention will be made of the structure of the legal profession and the impact of the new South African Constitution (or "Constitution"), as both have influenced the development of legal aid services in the country. Mention in passing will also be made to special procedures and courts that can be used to access justice in civil matters.
Roundtable: Funding Strategies, Maria L. Imperial, Lorna Blake, Maria Dakolias, Daina Petrauskaite, Simon Rice, Nye Thomas
Roundtable: Funding Strategies, Maria L. Imperial, Lorna Blake, Maria Dakolias, Daina Petrauskaite, Simon Rice, Nye Thomas
Fordham International Law Journal
Led by moderator Maria L. Imperial, the panelists discussed funding strategies for legal services for the poor. Each panelist gave an overview of funding mechanisms in their home country (Canada, Lithuania, the United States, Australia).
Roundtable: Pro Bono And Volunteer Practices, Joan Vermeulen, Andrea Durbach, Jean-Luc Bedos, Sophie Forsyth, John Mckay
Roundtable: Pro Bono And Volunteer Practices, Joan Vermeulen, Andrea Durbach, Jean-Luc Bedos, Sophie Forsyth, John Mckay
Fordham International Law Journal
Joan Vermeulen led a panel discussion on the role of the private sector in addressing unmet legal needs in various country contexts. Countries represented were Australia (Andrea Durbach), France (Jean-Luc Bédos), the UK (Sophie Forsyth), and the United States (John McKay).
Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson
Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson
Faculty Scholarship
Even when related claims are not aggregated by any formal procedural mechanism, the lawyers involved in the separate lawsuits often coordinate their efforts. Such "informal aggregation" raises important questions about the boundaries of a dispute and the boundaries of the lawyer-client relationship. As an ethical matter, the central question is whether a lawyer owes ethical duties to a coordinating lawyer's client. Looking at confidentiality, loyalty, conflicts of interest, and malpractice, Professor Erichson suggests that ethical safeguards for clients of coordinating lawyers are neither strong enough nor explicit enough to provide adequate protection, and the problem inheres in the nature of …
The Ethical Role And Responsibilities Of A Lawyer-Ethicist Revisited: The Case Of The Independent Counsel's Neutral Expert Consultant, Samuel Dash
Fordham Law Review
No abstract provided.
Dedication: David N. Edelstein: A Servant Of Justice And Fordham, John D. Feerick
Dedication: David N. Edelstein: A Servant Of Justice And Fordham, John D. Feerick
Fordham Law Review
No abstract provided.
Truth And Consequences, Stephen Ellmann
What Do You Do When You Meet A Walking Violation Of The Sixth Amendment If You're Trying To Put That Lawyer's Client In Jail, Vanessa Merton
What Do You Do When You Meet A Walking Violation Of The Sixth Amendment If You're Trying To Put That Lawyer's Client In Jail, Vanessa Merton
Fordham Law Review
[A] prosecutor…enters a courtroom to speak for the People and not just some of the People. The prosecutor speaks not solely for the victim, or the police, or those who support them, but for all the People. That body of "The People" includes the defendant and his family and those who care about him
Fee Payments To Criminal Defense Lawyers From Third Parties: Revisiting United States V. Hodge And Zweig, David Orentlicher
Fee Payments To Criminal Defense Lawyers From Third Parties: Revisiting United States V. Hodge And Zweig, David Orentlicher
Fordham Law Review
No abstract provided.
The Story Of Mr. G.: Reflections Upon The Questionability Competent Client, Mark Spiegel
The Story Of Mr. G.: Reflections Upon The Questionability Competent Client, Mark Spiegel
Fordham Law Review
No abstract provided.
Bulletin Of Information 1999-2000, Fordham Law School
Bulletin Of Information 1999-2000, Fordham Law School
Law School Bulletins 1905-2000
Annual bulletin with academic calendar, school objectives & course of studies, faculty, administration, degrees conferred, course descriptions, fees & tuition, financial assistance, admission requirements, academic regulations, examinations & grades, student organizations, Alumni Association, nondiscrimination & affirmative action policies
1998-1999 Dean's Report, John D. Feerick
Fordham Lawyer, Vol. 5 No. 2 - Fall/Winter 1999, Fordham Law School
Fordham Lawyer, Vol. 5 No. 2 - Fall/Winter 1999, Fordham Law School
Fordham Lawyer
Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.