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Fordham Law School

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Articles 1081 - 1110 of 1523

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Gender Theory And Lesbian, Gay, Bisexual And Transgendered Empowerment, Cynthia R. Kern, Paisley Currah, Dana Turner, Katherine Franke Jan 1999

Gender Theory And Lesbian, Gay, Bisexual And Transgendered Empowerment, Cynthia R. Kern, Paisley Currah, Dana Turner, Katherine Franke

Fordham Urban Law Journal

The panelists discussed the landscape of the law and societal conditions faced by transgendered individuals. They discussed the role of gender, as well as strategic errors in transgendered activism and the unique challenges that transgendered individuals face in the United States. Finally, the Price Waterhouse v. Hopkins decisions was discussed in the context of Title VII protections for transgendered individuals.


Sticks And Stones: The Nexis Between Hate Speech And Violence, Jack Chen, Laura Edidin, Brian Levin, Jack Battaglia Jan 1999

Sticks And Stones: The Nexis Between Hate Speech And Violence, Jack Chen, Laura Edidin, Brian Levin, Jack Battaglia

Fordham Urban Law Journal

The panelists discussed hate speech and how it relates to bias crimes. Examples were given of hate speech experienced by people of LGBT and HIV status. Panelists discussed legislative activity in different states, how hate crime legislation works, Supreme Court speech jurisprudence, and about pending Congressional legislation that sought to include sexual orientation. Finally, the panel focused on hate speech on campuses, including legal developments, responsibility, and remedies.


Name Reporting And Partner Notification Legislation, Catherine Hanssens, Matthew Carmody, Haley Gorenberg, Mildred Pinot Jan 1999

Name Reporting And Partner Notification Legislation, Catherine Hanssens, Matthew Carmody, Haley Gorenberg, Mildred Pinot

Fordham Urban Law Journal

The panelists discussed the issues of names-based HIV reporting and partner notification. The discussion focused on why names reporting became such an important and controversial issue. The Centers for Disease Control and Prevention waged an aggressive campaign in states to institute a national system of HIV test reporting, arguing that it is essential to get a more accurate picture of the epidemic and facilitate individual follow-up. The panelists assessed the pros and cons of this program. Name reporting and partner notification under New York law were also addressed. Finally, the panelists provided discussion on how those contemplating getting tested or …


Section 60.41 Of The New York Criminal Procedure Law: The Sexual Assault Reform Act Of 1999 Challenges Molineux And Due Process, Brooks Holland Jan 1999

Section 60.41 Of The New York Criminal Procedure Law: The Sexual Assault Reform Act Of 1999 Challenges Molineux And Due Process, Brooks Holland

Fordham Urban Law Journal

The 1999 Sexual Assault Reform Act of 1999 proposed the addition of section 60.41 to Article 60 of the New York Criminal Procedure Law to allow prosecutors in sexual assault prosecutions to introduce evidence of a defendant's previous commission of any "offense or offenses of sexual assault.., on any matter to which it is relevant, including the defendant's propensity to commit an offense of sexual assault or the credibility of the alleged victim of the sexual assault . ." The author argues that this law would upset a century of New York law under the Molineux rule, which holds that …


Religion And The Public Defender, Sadiq Reza Jan 1999

Religion And The Public Defender, Sadiq Reza

Fordham Urban Law Journal

This essay argues that the public defender should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional responsibility, except for imminent death or serious bodily harm to another. Having accepted the responsibility of representing indigent criminal defendants, the public defender is duty-bound to not compromise that responsibility for competing religious obligations. This argument rests on four premises: (1) the public defender occupies a unique position in our legal system, and options available to private interest lawyers or other clients should not …


A Trial Judge's Perspective - Promoting Justice And Fairness While Protecting Privilege, Honorable Marian Blank Horn Jan 1999

A Trial Judge's Perspective - Promoting Justice And Fairness While Protecting Privilege, Honorable Marian Blank Horn

Fordham Urban Law Journal

This Article discusses the topic of privileged communications and ethics in the courtroom. The Article offers the unique perspective of a trial judge and his courtroom interactions with lawyers and witnesses alike. It discusses cases relating to established courtroom privileges, such as marriage, attorney/client and priest/penitent, as well as qualified privileges such as the journalism privilege. Further, it discusses the potential for new or novel privileges, such as the accountant/auditor-client work product privilege and the academic peer review privilege. Finally, the Article lays out suggestions for trial judges for how to best utilize the privilege rules while simultaneously promoting fairness …


Damned To The Inferno? A New Vision Of Lawyers At The Dawning Of The Millennium, Robert J. Cosgrove Jan 1999

Damned To The Inferno? A New Vision Of Lawyers At The Dawning Of The Millennium, Robert J. Cosgrove

Fordham Urban Law Journal

This Article seeks to explain the negative perception the legal profession and lawyers have in the eyes of the American public. Disregarding common answers such as the disproportionate amount of influence lawyers have or high salaries and extravagant lifestyles, this Article argues that a cultural shift has led many Americans to see the law as an arbitrary device. Consequently, this belief is reinforced by lawyers and and perpetuated by law schools, leading to the negative perception of the legal profession. In the process, the Article addresses five main issues: the definition and purpose of the law, the republican theory of …


Take My Arbitrator, Please: Commissioner "Best Interests" Disciplinary Authority In Professional Sports, Jason M. Pollack Jan 1999

Take My Arbitrator, Please: Commissioner "Best Interests" Disciplinary Authority In Professional Sports, Jason M. Pollack

Fordham Law Review

No abstract provided.


From Representing "Clients" To Serving "Recipients": Transforming The Role Of The Iv-D Child Support Enforcement Attorney, Barbara Glesner Fines Jan 1999

From Representing "Clients" To Serving "Recipients": Transforming The Role Of The Iv-D Child Support Enforcement Attorney, Barbara Glesner Fines

Fordham Law Review

No abstract provided.


Re-Conceptualizing The Relationship Between Legal Ethics And Technological Innovation In Legal Practice: From Threat To Opportunity, Richard Zorza Jan 1999

Re-Conceptualizing The Relationship Between Legal Ethics And Technological Innovation In Legal Practice: From Threat To Opportunity, Richard Zorza

Fordham Law Review

No abstract provided.


Having One Oar Or Being Without A Boat: Reflections On The Fordham Recommendations On Limited Legal Assistance, Mary Helen Mcneal Jan 1999

Having One Oar Or Being Without A Boat: Reflections On The Fordham Recommendations On Limited Legal Assistance, Mary Helen Mcneal

Fordham Law Review

No abstract provided.


Comments Regarding The Recommendations Of The Fordham Conference On Ethical Issues In The Delivery Of Legal Services, Don Saunders Jan 1999

Comments Regarding The Recommendations Of The Fordham Conference On Ethical Issues In The Delivery Of Legal Services, Don Saunders

Fordham Law Review

No abstract provided.


Cautionary Tale From The Multidisciplinary Practice Debate: How The Traditionalists Lost Professionalism, A The Phyllis W. Beck Chair In Law Symposium: New Roles, No Rules - Redefining Lawyers' Work - Redefining Lawyers' Work: Multidisciplinary Practice, Russell G. Pearce, Amelia J. Uelmen: Jan 1999

Cautionary Tale From The Multidisciplinary Practice Debate: How The Traditionalists Lost Professionalism, A The Phyllis W. Beck Chair In Law Symposium: New Roles, No Rules - Redefining Lawyers' Work - Redefining Lawyers' Work: Multidisciplinary Practice, Russell G. Pearce, Amelia J. Uelmen:

Faculty Scholarship

The author presents a fictional conversation among Lawrence J. Fox, other noted legal scholars, and himself concerning the ethics and changes in the legal profession.


Face-Ing The Other: An Ethics Of Encounter And Solidarity In Legal Services Practice, Marie A. Failinger Jan 1999

Face-Ing The Other: An Ethics Of Encounter And Solidarity In Legal Services Practice, Marie A. Failinger

Fordham Law Review

No abstract provided.


Are Organizations That Provide Free Legal Services Engaged In The Unauthorized Practice Of Law?, Wayne Moore Jan 1999

Are Organizations That Provide Free Legal Services Engaged In The Unauthorized Practice Of Law?, Wayne Moore

Fordham Law Review

No abstract provided.


Nonlawyer Legal Assistance And Access To Justice, Alex J. Hurder Jan 1999

Nonlawyer Legal Assistance And Access To Justice, Alex J. Hurder

Fordham Law Review

No abstract provided.


Restrictions By Funders And The Ethical Practice Of Law, Alan W. Houseman Jan 1999

Restrictions By Funders And The Ethical Practice Of Law, Alan W. Houseman

Fordham Law Review

No abstract provided.


Assessment Of Systems For Delivering Legal Services, Andy Scherer Jan 1999

Assessment Of Systems For Delivering Legal Services, Andy Scherer

Fordham Law Review

No abstract provided.


Cultures Of Commitment: Pro Bono For Lawyers And Law Students, Deborah L. Rhode Jan 1999

Cultures Of Commitment: Pro Bono For Lawyers And Law Students, Deborah L. Rhode

Fordham Law Review

No abstract provided.


Acting "A Very Moral Type Of God": Triage Among Poor Clients, Paul R. Tremblay Jan 1999

Acting "A Very Moral Type Of God": Triage Among Poor Clients, Paul R. Tremblay

Fordham Law Review

No abstract provided.


Context And Collaboration: Family Law Innovation And Professional Autonomy, Louise G. Trubek Jan 1999

Context And Collaboration: Family Law Innovation And Professional Autonomy, Louise G. Trubek

Fordham Law Review

No abstract provided.


Evaluating Systems For Delivering Legal Service To The Poor: Conceptual And Methodological Considerations, Gregg G. Van Ryzin, Marianne Engelman Lado Jan 1999

Evaluating Systems For Delivering Legal Service To The Poor: Conceptual And Methodological Considerations, Gregg G. Van Ryzin, Marianne Engelman Lado

Fordham Law Review

No abstract provided.


Specially Tailored Legal Services For Low-Income Persons In The Age Of Wealth Inequality: Pragmatism Or Capitulation?, Lucie White Jan 1999

Specially Tailored Legal Services For Low-Income Persons In The Age Of Wealth Inequality: Pragmatism Or Capitulation?, Lucie White

Fordham Law Review

No abstract provided.


I Don't Want To Play God—A Response To Professor Tremblay, Justine A. Dunlap Jan 1999

I Don't Want To Play God—A Response To Professor Tremblay, Justine A. Dunlap

Fordham Law Review

No abstract provided.


The Independent Counsel Investigation, The Impeachment Proceedings, And President Clinton's Defense: Inquiries Into The Role And Responsibilities Of Lawyers, Symposium, The Ethical Role And Responsibilities Of A Lawyer-Ethicist: The Case Of The Independent Counsel's Independent Counsel, Nancy J. Moore Jan 1999

The Independent Counsel Investigation, The Impeachment Proceedings, And President Clinton's Defense: Inquiries Into The Role And Responsibilities Of Lawyers, Symposium, The Ethical Role And Responsibilities Of A Lawyer-Ethicist: The Case Of The Independent Counsel's Independent Counsel, Nancy J. Moore

Fordham Law Review

No abstract provided.


Recommendations Of The Conference Jan 1999

Recommendations Of The Conference

Fordham Law Review

No abstract provided.


Limited Legal Assistance, Mary Helen Mcneal Jan 1999

Limited Legal Assistance, Mary Helen Mcneal

Fordham Law Review

No abstract provided.


Client/Matter/Case Selection, Matthew Diller Jan 1999

Client/Matter/Case Selection, Matthew Diller

Fordham Law Review

No abstract provided.


The Influence Of Third Parties On The Lawyer-Client Relationship, Stephanie Edelstein Jan 1999

The Influence Of Third Parties On The Lawyer-Client Relationship, Stephanie Edelstein

Fordham Law Review

No abstract provided.


Disciplinary Restrictions On Multidisciplinary Practice: Their Derivation, Their Development, And Some Implications For The Core Values Debate The Future Of The Profession: A Symposium On Multidisciplinary Practice, Bruce A. Green Jan 1999

Disciplinary Restrictions On Multidisciplinary Practice: Their Derivation, Their Development, And Some Implications For The Core Values Debate The Future Of The Profession: A Symposium On Multidisciplinary Practice, Bruce A. Green

Faculty Scholarship

Many of the legal profession's disciplinary rules are of venerable lineage. For example, the provisions of contemporary disciplinary codes concerning conflicts of interest derive from the 1908 Canons of Professional Ethics (Canons), which, in turn, can be traced back to late nineteenth century state ethics codes, to mid-nineteenth-century lectures and writings, 3 and to earlier common-law agency principles. Although lawyers to- day disagree about what the precise contours of the conflict rules should be, these rules embody basic principles of loyalty, competence and confidentiality that are fundamental, traditional, and universally supported by lawyers. These are defining principles for the practice …