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Quality Advocacy And The Code Of Professional Responsibility, Minnesota Plan: Mandatory Continuing Legal Education For Lawyers And Judges As A Condition For The Mantaining Of Professional Licensing, The Honorable Robert J. Sheran, Laurence C. Harmon

Fordham Law Review

At the Sixth Annual John F. Sonnett Memorial Lecture, Chief Justice Sheran of the Supreme Court of Minnesota presented a speech on Minnesota's decision to become the first state to mandate continuing legal education for all licensed attorneys and judges in the state. The purpose of the decision, which emphasizes the quality of advocacy in Minnesota, was to implement the concept of Canon 6 of the Code of Professional Responsibility which provided that a lawyer should reprsent a client competently. This Article discusses the considerations and process which led to the adoption of the Minnesota plan.

Quality Advocacy And The Code Of Professional Responsibility, Conflicts Of Interests--A Trial Judge's Notes, The Honorable Orrin G. Judd

Fordham Law Review

The quality of representation is undermined when a client's interests conflict with those of a third party, another client, a former client, or the attorney himself. In addition, a criminal defendant's interests in acquittal or a civil litigant's desire to vindicate his claim may run afoul of a court's search for truth. The Code of Professoinal Responsibility addresses the conflicts of interest problem directly and indirectly in a number of disciplinary rules and ethical considerations. Judge Judd enumerates these provisions in his reflections on some of the conflicts he has witnessed from the bench, and he outlines the judiciary's role …

Towards A Constitutional Right To Counsel In Matrimonial Litigation, Gary R. Matano

Fordham Urban Law Journal

The marriage institution is the basic unit in the anatomical composition of American society as it exists today. The right to marry and the right to divorce when marriage fails have long been held in the highest esteem by our nation's courts. But some citizens of the State of New York are judicially denied the right to terminate their marriages because they are indigents. The court has denied indigents their requested assignments of counsel when the assistance of counsel was unquestionably necessary for prospective matrimonial litigants. The first problem posed by that holding is that it operates as a virtual …

Usury--Attorneys' Fees--Bank's Collection Of In-House Legal Department Costs On Default Judgments Constitutes Usury And Illegal Fee-Splitting, William Kirschner

Fordham Urban Law Journal

At the request of the Attorney General, the Administrative Judge of the Civil Court of New York brought an action against Chemical Bank to recover all attorneys' fees collected by the bank in obtaining numerous default judgments during 1973 and 1974. These judgments resulted from unpaid consumer loans and were based on certain notes signed by each borrower. The consumer notes included provisions for the recovery of attorneys' fees even though the defaults were not prosecuted by an independent law firm but by the bank's salaried in-house counsel. The plaintiff in Thompson v. Chemical Bank argued that Chemical Bank, by …

Quality Advocacy And The Code Of Professional Responsibility, The Attorney-Client Relationship And The Code Of Professional Responsibility: Suggested Attorney Liability For Breach Of Duty To Disclose Fraud To The Securities Exchange Commission, Alan C. Myers

Fordham Law Review

The imposition of increased obligations and liabilities on securities lawyers threatens not onlly the attorney, but the quality of his representation as well. Alan Myers examines the possible consequences of the current expansion of liability, and suggests what the securities lawyer's obligations and liabilities should be under DR 7-102(B)(1) and DR 101(C)(3) of the Code of Professional Responsibility.

John F. Sonnett Memorial Lecture Series: The Minnesota Plan: Mandatory Continuing Education For Lawyers And Judges As A Condition For The Maintaining Of Professional Licensing, Robert J. Sheran

Lectures

Lecture by Chief Justice Robert J. Sheran of the Supreme Court of Minnesota (1973-1981) regarding mandated continuing education for attorneys as a response from the legal profession to criticism of attorney competence. Includes speaker introduction, as well as handwritten notes.

The Advocate, The Advocate, Fordham Law School

The Advocate

Three Slates Compete for SBA Offices; FLS Phonothon Seeks $ for Special Projects; Bomb Threat Raises Question of School's Safety Measures

The Second Circuit And Attorney Disqualification--Silver Chrysler Steers In A New Direction, Laura D. Millman

Fordham Law Review

No abstract provided.

The Indigent's "Right" To Counsel In Civil Cases, Alan Jay Stein

Fordham Law Review

No abstract provided.

Environmental Interest Litigants Are Not Entitled To An Award Of Fees For Promoting Public Interests Absent Statutory Authorization. Alyeska Pipeline Service Co. V. Wilderness Soc'y, 421 U.S. 240 (1975)., Michael T. Cornacchia Iii

Fordham Urban Law Journal

The Wilderness Society and other interested groups brought suit in the district court, seeking to enjoin construction of the Trans-Alaskan Pipeline on the grounds that: (1) the right of way granted the defendant violated the width restrictions of Section 28 of the Mineral Lands Leasing Act of 1920 and (2) the environmental impact statement required under Section 4321 of the National Environmental Policy Act (NEPA) was inadequate. The district court, after granting a preliminary injunction, reversed itself by dissolving the preliminary injunction and denying permanent relief. The Court of Appeals for the District of Columbia Circuit reversed, holding that the …

Case Note: Criminal Law - Parole - State Board Of Parole Must Issue Statement Of Reasons For Denial Of Parole. United States Ex Rel. Johnson V. Chairman, New York State Board Of Parole, 500 F.2d 925 (2d Cir. 1974), William B. Smith

Fordham Urban Law Journal

This Case Note analyzes the Second Circuit's decision in United States ex rel. Johnson v. Chairman, New York State Board of Parole, which held that due process considerations required the Board to issue a statement giving its reasons for denial of parole, both as a guide for the prisoner's rehabilitative efforts and as an enduring record for possible appellate review.

The Advocate, The Advocate, Fordham Law School

The Advocate

Law Review Fires Loux; Due Process at Issue; Dean, Yorio End Legal Aid Clinic; Students See Job Loss; U. Grants $5,000 for U.S.D.A. Clinic

The Advocate, The Advocate, Fordham Law School

The Advocate

Law School Admits 23 Minorities, 97 Women; Seven Nevv Faculty Join Staff: Judge, 2 D.A. 's, Oxford Grad; Univ. Store Stops Selling Law Books

Case Notes

Fordham Law Review

No abstract provided.

The Politics Of Punishment: A Critical Analysis Of Prisons In America, Warrren Richmond

Fordham Urban Law Journal

The problem of prisons and prison reform has become a subject of much discussion and study in our country. It has been suggested that it is in society’s best interest to invest substantial resources to develop prisons as rehabilitation centers and not as factories of crime so ex-prisoners will return to society as useful citizens. Wright sets forth why crime and prisons will remain fundamentally the same until a radical change is made in society itself. Levels of crime in America are substantially the result of ‘political choices’. After establishing who goes to prison and why, Wright concludes that prisons …

Book Review- Police Corruption: A Sociological Perspective, Peter J. O'Connor

Fordham Urban Law Journal

The author reviews the book Police Corruption: A Sociological Perspective, edited by Lawrence W. Sherman. He concludes that Mr. Sherman's book affords a welcome insight into a persistent problem. Too often lawyers treat problems which are sociological in nature as legal problems only. For that reason, the reviewer highly recommends the book to all lawyers.

From Plows To Pliers - Urban Homesteading In America

Fordham Urban Law Journal

The state homestead exemption is the most widely known form of homesteading and exists in the majority if American jurisdictions. A new form of this plan has been added by many east coast cities that allows families to receive a grant of a home at a minimum price on condition that it occupies the residence and improves it to satisfy all applicable codes. The property is then transferred to the homesteader and this benefits both the city and the individual. This urban homesteading plan is the most recent program designed to promote urban renewal and home ownership. Wilmington Delaware was …

A Public Citizens’S Action Manual , Lisa H. Blitman

Fordham Urban Law Journal

The book proposes that court action should only be used as a last result and offers alternatives. It encourages the citizen to know the truth about various systems in our government and society and offers the reader information that can be used by the action oriented citizen to improve quality of life. Ross urges citizens to fight and become public interest advocates to seek change. Ralph Nader writes the introduction and explains that institutions of government and business are too large and distinct and that with a little help and interest from citizen-activists, government and businesses can be made ot …

Note: The Eligibility Of The Unborn Child Under Afdc, John K. Enright

Fordham Urban Law Journal

This Note surveys recent litigation challenging the state denial of AFDC payments to pregnant women seeking benefit on behalf of their unborn children. Such decisions have focused on the issue of whether unborn children come within the definition of "dependent child" as set forth in Section 606 of the AFDC. Thus far, fourteen of seventeen reported decisions have included unborn children within the statutory definition. The Note concludes that the unborn child cases illustrate the difficulty of the rule that the Supreme Court laid out in Townsend v. Swank, which held that states must make AFDC payments to all eligible …

Book Review: Where Do I Go From Here? A Career Planning Manual For Lawyers, Kathleen Kruger

Fordham Urban Law Journal

Kathleen Kruger, the Director of Placement for NYU Law School reviews Frances Utley's book, Where Do I Go From Here? A Career Planning Manual for Lawyers. Kruger expresses doubt that one may "plan" a legal career, but that gathering as much information as possible can help and that Utley's book is helpful in this regard. Kruger concludes, however, that some of Utley's book is overly optimistic with respect to the number and variety of career options available to lawyers in the current market.

Private Attorney General Fees Emerge From The Wilderness, Timothy R. Graham

Fordham Law Review

No abstract provided.

John F. Sonnett Memorial Lecture Series: The Special Skills Of Advocacy, Warren E. Burger

Lectures

Lecture by Chief Justice Warren E. Burger of United States Supreme Court (1969-1986) regarding the legal training and the successes of the English legal system. This document is a bound copy of the lecture.

John F. Sonnett Memorial Lecture Series: The Special Skills Of Advocacy, Warren E. Burger

Lectures

Lecture by Chief Justice Warren E. Burger of United States Supreme Court (1969-1986) regarding the legal training and the successes of the English legal system. Includes speaker introduction, as well as handwritten notes.

Law Day Handout, Black American Law Students Association, Fordham University School Of Law

Black Law Student Association

• Saturday, October 27, 1973 "Law Day" schedule of events
• BALSA History, Purpose and Activities
• "What's Going Down" by T. Q. Thompson
• Report from BALSA National Office
• Chart: Statistics on number of Black lawyers and judges, state by state
• "Are You Going to Sit on the Sidelines All Your Life"
• Excerpt from "Can a Black Man Get a Fair Trial in This Country" by Haywood Burns, New York Times Magazine 7-12-1970

The Advocate, The Advocate, Fordham Law School

The Advocate

On Prisons; Why Do We Punish Those Who Break the Law?; The Case of Ralph G.

The Advocate, The Advocate, Fordham Law School

The Advocate

On Prisons; Why Do We Punish Those Who Break the Law?; The Case of Ralph G

Case Notes

Fordham Law Review

No abstract provided.

Criminal Responsibility Of The Addict: Conviction By Force Of Habit, Michael R. Diamond

Fordham Urban Law Journal

This article addresses questions of criminal responsibility of drug addicts in light of Robinson v. California, holding criminal sanctions for a status of drug addiction to be unconstitutional under the eighth amendment. The article evaluates key court cases relating the insanity defense, and argues that in cases where addicts commit criminal acts as a result of drug addictions, the addict should not suffer criminal penalties but should instead be treated through rehabilitation facilities or other methods.

The Special Skills Of Advocacy: Are Specialized Training And Certification Of Advocates Essential To Our System Of Justice?, Warren E. Burger

Fordham Law Review

No abstract provided.

Unsafe At Any Rate- The New York Motor Vehicle Retail Instalment Sales Act

Fordham Urban Law Journal

This article focuses on motor vehicle retail instalment contracts and their impact on consumer credit development, the abuses they have engendered, and the pattern of regulation which has grown around them. The article first addresses the history of the market and then examines the New York Motor Vehicle Retail Instalment Sales Act, urging legislative reform.