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Economic Incentives In Representing Publicly-Funded Criminal Defendants In England's Crown Court, Peter W. Tague Jan 1999

Economic Incentives In Representing Publicly-Funded Criminal Defendants In England's Crown Court, Peter W. Tague

Fordham International Law Journal

The flux now engulfing the way in which the defenders of indigent criminal defendants are compensated in England's Crown Court provides a sober lesson for U.S. lawyers. Once, U.S. lawyers, who themselves are appointed to represent indigent defendants, could have cited English practice to support a hefty increase in the meager compensation they receive in many jurisdictions. Spiraling costs in England, however, have brought dramatic changes, and have occurred in a rush. This essay explores compensatory schemes, incentives to reduce the cost of case resolution, and methods to ensure adequate advocacy.

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Canada's Approach To Jurisdiction Over Cybertorts: Braintech V. Kostiuk, Daniel P. Schafer Jan 1999

Canada's Approach To Jurisdiction Over Cybertorts: Braintech V. Kostiuk, Daniel P. Schafer

Fordham International Law Journal

This comment explores a judgment in Texas against a Canadian defendant and corresponding suit in Canada seeking to enforce the judgment. The ultimate determination was significant, representing the first time that a Canadian appellate court addressed the impact of the Internet on a Court's adjudicatory decision. The comment explores the difficulty that the internet poses to the doctrine of recognition and enforcement of foreign judgments.

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Perspectives On Competition Law: Problems And Solutions, David A.O. Edward Jan 1999

Perspectives On Competition Law: Problems And Solutions, David A.O. Edward

Fordham International Law Journal

This essay suggests that it does not follow that competition between jurisdictions is good merely because competition between economic operators in pursuit of economic goals is a good thing. The result, as the discussion on television indicated, may simply be a jurisdictional mess, as Dr. Markus Wagemann put it. You end up with all sorts of people seeking to pursue their own values: cultural values, regional values, and linguistic values; and the economic operator simply does not know where he or she stands in this jurisdictional competition. This point can perhaps be completed by simply mentioning a remark made to …

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Marriage: Winning And Keeping The Freedom To Marry Nationally And In New York, Evan Wolfson, Peter Sherwin, Tim Sweeney, Patty Penelosa Jan 1999

Marriage: Winning And Keeping The Freedom To Marry Nationally And In New York, Evan Wolfson, Peter Sherwin, Tim Sweeney, Patty Penelosa

Fordham Urban Law Journal

This discussion focuses specifically on how the LGBT community can win the freedom to marry-both nationally and in New York. The panelists discussed the state of the law in New York State, with focus on both legislation and court precedent. The panelists discussed strategies for activity in the state legislature and outreach to the non-LGBT community. Finally, the panelists discussed potential signatories to the Marriage Resolution and how different groups are conducting outreach to attain support for the Resolution.

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An Individual Approach To Suburban Racial Discrimination, Paul Boudreaux Jan 1999

An Individual Approach To Suburban Racial Discrimination, Paul Boudreaux

Fordham Urban Law Journal

The traditional model explaining racial discrimination has blamed discrimination by institutional actors in the housing industry and government. The author argues that this model ignores the individual preference factors that contribute to segregation. The replication of segregation in expanding suburban jurisdictions of metropolitan areas and the traditional legal responses are examined, as well as the implications of African American suburban migration. The author questions the adequacy of the traditional model by looking at the individual preference factors of both whites and African Americans that contribute to the replication of segregation in suburbs. The author notes that there is no method …

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Foreword: Rationing Lawyers: Ethical And Professional Issues In The Delivery Of Legal Services To Low-Income Clients, Bruce A. Green Jan 1999

Foreword: Rationing Lawyers: Ethical And Professional Issues In The Delivery Of Legal Services To Low-Income Clients, Bruce A. Green

Fordham Law Review

No abstract provided.

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The Use Of Nonlawyers, Derek A. Denckla Jan 1999

The Use Of Nonlawyers, Derek A. Denckla

Fordham Law Review

No abstract provided.

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Representation By Private Lawyers, Evan Gourvitz Jan 1999

Representation By Private Lawyers, Evan Gourvitz

Fordham Law Review

No abstract provided.

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Representation Within Law School Settings, Ian S. Weinstein Jan 1999

Representation Within Law School Settings, Ian S. Weinstein

Fordham Law Review

No abstract provided.

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Accessing Justice: Are Pro Se Clinics A Reasonable Response To The Lack Of Pro Bono Legal Services And Should Law School Clinics Conduct Them?, Margaret Martin Berry Jan 1999

Accessing Justice: Are Pro Se Clinics A Reasonable Response To The Lack Of Pro Bono Legal Services And Should Law School Clinics Conduct Them?, Margaret Martin Berry

Fordham Law Review

No abstract provided.

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A Call To Context: The Professional Challenges Of Cause Lawyering At The Intersection Of Race, Space, And Poverty, John O. Calmore Jan 1999

A Call To Context: The Professional Challenges Of Cause Lawyering At The Intersection Of Race, Space, And Poverty, John O. Calmore

Fordham Law Review

No abstract provided.

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Evaluating Effective Lawyer-Client Communication: An International Project Moving From Research To Reform, Clark D. Cunningham Jan 1999

Evaluating Effective Lawyer-Client Communication: An International Project Moving From Research To Reform, Clark D. Cunningham

Fordham Law Review

No abstract provided.

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And Justice For All—Including The Unrepresented Poor: Revisiting The Roles Of The Judges, Mediators, And Clerks, Russell Engler Jan 1999

And Justice For All—Including The Unrepresented Poor: Revisiting The Roles Of The Judges, Mediators, And Clerks, Russell Engler

Fordham Law Review

No abstract provided.

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Collaboration Between Lawyers And Social Workers: Re-Examining The Nature And Potential Of The Relationship, Paula Galowitz Jan 1999

Collaboration Between Lawyers And Social Workers: Re-Examining The Nature And Potential Of The Relationship, Paula Galowitz

Fordham Law Review

No abstract provided.

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Professional And Ethical Issues In Legal Externships: Fostering Commitment To Public Service, Lisa G. Lerman Jan 1999

Professional And Ethical Issues In Legal Externships: Fostering Commitment To Public Service, Lisa G. Lerman

Fordham Law Review

No abstract provided.

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Positional Conflicts In The Pro Bono Context: Ethical Considerations And Market Forces, Esther F. Lardent Jan 1999

Positional Conflicts In The Pro Bono Context: Ethical Considerations And Market Forces, Esther F. Lardent

Fordham Law Review

No abstract provided.

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Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine Jan 1999

Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine

Fordham Law Review

No abstract provided.

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Multiple Communities Or Monolithic Clients: Positional Conflicts Of Interest And The Mission Of The Legal Services Lawyer, Peter Margulies Jan 1999

Multiple Communities Or Monolithic Clients: Positional Conflicts Of Interest And The Mission Of The Legal Services Lawyer, Peter Margulies

Fordham Law Review

No abstract provided.

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In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno Jan 1999

In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno

Fordham Law Review

No abstract provided.

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Collective Representation For The Disadvantaged: Variations In Problems Of Accountability, Ann Southworth Jan 1999

Collective Representation For The Disadvantaged: Variations In Problems Of Accountability, Ann Southworth

Fordham Law Review

No abstract provided.

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Ethical And Procedural Implications Of "Ghostwriting" For Pro Se Litigants: Toward Increased Access To Civil Justice, John C. Rothermich Jan 1999

Ethical And Procedural Implications Of "Ghostwriting" For Pro Se Litigants: Toward Increased Access To Civil Justice, John C. Rothermich

Fordham Law Review

No abstract provided.

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Bibliography To The Conference On The Delivery Of Legal Services To Low-Income Persons: Professional And Ethical Issues Jan 1999

Bibliography To The Conference On The Delivery Of Legal Services To Low-Income Persons: Professional And Ethical Issues

Fordham Law Review

No abstract provided.

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Can A Religious Person Be A Big Firm Litigator? , Amelia J. Uelmen Jan 1999

Can A Religious Person Be A Big Firm Litigator? , Amelia J. Uelmen

Fordham Urban Law Journal

This Essay takes on the challenge of describing some of the ways in which values often defined as "personal" or "religious" can be integrated into the practice of law at a large firm. Part I describes some of the aspects of big firm practice that make it particularly difficult to integrate religious and personal values which may give meaning to one's work. Part II suggests that such meaning can be found through a religious vision of what it means to be a person, which includes a sense of obligation to serve the common good. Part III explores how this concept …

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Civil Disturbances: Battles For Justice In New York City Jan 1999

Civil Disturbances: Battles For Justice In New York City

Fordham Urban Law Journal

This Collection contains a number of essays that are a part of Civil Disturbances, a collaborative project between artists and lawyers that commemorates various public interest law suits and social justice efforts in New York City. The project itself consists of twenty signs, each representing one specific case, that were designed to be both provoking and informative. This specific Collection contains printings of eight of the signs, as well as separate writings on issues and cases including: disabled people's accessibility to the Empire State Building, child welfare, children's rights, women and the FDNY, rights of the homeless, and welfare benefits. …

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Roundtable Discussion: Where Do We Go From Here? Lesbian, Gay, Bisexual And Transgendered Civil Rights Into The Next Millennium, Hon. Deborah A. Batts, Matt Coles, Paula Ettelbrick, Evan Wolfson Jan 1999

Roundtable Discussion: Where Do We Go From Here? Lesbian, Gay, Bisexual And Transgendered Civil Rights Into The Next Millennium, Hon. Deborah A. Batts, Matt Coles, Paula Ettelbrick, Evan Wolfson

Fordham Urban Law Journal

This roundtable discussion focuses on the identification of goals and priorities for the LGBT community, particularly in the political arena. The panelists discuss the challenges of the legislative process, as well as the educational value of legislative activism in the community. Finally, they discuss the variety of strategies used by different groups, and explored ways of working together for future political battles.

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Sexual/Gender Identity In The Criminal Courts, Alexis Baden-Mayer, Hon. Paul G. Feinman, Lori Cohen, Hon. Michael A. Sonberg Jan 1999

Sexual/Gender Identity In The Criminal Courts, Alexis Baden-Mayer, Hon. Paul G. Feinman, Lori Cohen, Hon. Michael A. Sonberg

Fordham Urban Law Journal

This discussion focuses on the criminal justice system, particularly where LGBT individuals are currently being harmed, both by the courts, enforcement, and the system generally. The panelists identified the major harms, and explored ways to eliminate them from the system. The discussion specifically focused on the limitations of domestic violence programs, and the challenges they pose to the community. The panelists also discussed the significance of HIV in criminal justice decision making.

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Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico Jan 1999

Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico

Fordham Urban Law Journal

The amended Home Mortgage Disclosure Act (HMDA), updated in 1991, required lenders to disclose information regarding the number of applications received, the race and income of applicants, the location of the property for which the loan was sought, and the disposition of each application. This article studies the expanded HMDA's impact on conventional home mortgage lending in the New York City metropolitan area from 1991 until 1998. The author first examines ways to determine whether the disclosure of expanded HDMA data in 1991 influenced private lenders allocation of credit in the New York City metropolitan area. The release of data …

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Rendering Legal Assistance To Similarly Situated Individuals, Bruce A. Green, Martha Matthews Jan 1999

Rendering Legal Assistance To Similarly Situated Individuals, Bruce A. Green, Martha Matthews

Fordham Law Review

No abstract provided.

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Nonlawyers And The Unauthorized Practice Of Law: An Overview Of The Legal And Ethical Parameters, Derek A. Denckla Jan 1999

Nonlawyers And The Unauthorized Practice Of Law: An Overview Of The Legal And Ethical Parameters, Derek A. Denckla

Fordham Law Review

No abstract provided.

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Is Sexual Orientation Immutable?: Presenting Scientific Evidence In Litigation To Gain Strict Scrutiny, Dan Brook, Suzanne Goldberg, Kate Diaz Jan 1999

Is Sexual Orientation Immutable?: Presenting Scientific Evidence In Litigation To Gain Strict Scrutiny, Dan Brook, Suzanne Goldberg, Kate Diaz

Fordham Urban Law Journal

The panelists discussed the issue of immutability. Professor Goldberg explored the legal landscape, the use of scientific evidence related to immutability at trial, with a particular focus on Romer v. Evans, and critiqued the use of science-based immutability evidence in litigation. Dr. Brook looked at a number of studies in the etiology of homosexuality, and concluded that the best method of determining immutability scientifically is looking at studies that seek to determine if, and how easily, sexuality can be changed. Finally, Ms. Diaz discussed the political economy of theories of homosexuality, looking at the examples of the political economy and …

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