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Panel 1: Econometrics And Modeling For Mergers Globally, Renée Duplantis, Konstantin Ebinger, Thorsten Mäger, Loren Smith, Justin Stewart-Teitelbaum Oct 2020

Panel 1: Econometrics And Modeling For Mergers Globally, Renée Duplantis, Konstantin Ebinger, Thorsten Mäger, Loren Smith, Justin Stewart-Teitelbaum

Fordham Competition Law Institute

No abstract provided.


Butler V. Thomas Aug 2020

Butler V. Thomas

All Decisions

No abstract provided.


Matter Of Parkside Equities, Llc V. New York State Div. Of Hous. & Community Renewal Aug 2020

Matter Of Parkside Equities, Llc V. New York State Div. Of Hous. & Community Renewal

All Decisions

No abstract provided.


390 Eastco Llc. V. Rosado May 2020

390 Eastco Llc. V. Rosado

All Decisions

No abstract provided.


Online Resources And Family Cases: Access To Justice In Implementation Of A Plan, Kristen M. Blankley May 2020

Online Resources And Family Cases: Access To Justice In Implementation Of A Plan, Kristen M. Blankley

Fordham Law Review

This Article discusses access to justice in the implementation of orders in family cases. Parenting, financial, and other types of family court orders may last up to eighteen or twenty-one years in the case of minor children or longer in the case of protected adults. In the case of financial obligations, these orders set forth ongoing requirements to make monthly payments (such as child support, alimony, and medical expense reimbursements) and to maintain other financial obligations (such as maintaining health insurance, daycare expenses, and payment of costs for extracurricular activities). Most importantly, these court orders allocate parenting time, which may …


Adr, Dynamic (In)Justice, And Achieving Access: A Foreclosure Crisis Case Study, Lydia Nussbaum May 2020

Adr, Dynamic (In)Justice, And Achieving Access: A Foreclosure Crisis Case Study, Lydia Nussbaum

Fordham Law Review

This Article proceeds in two parts. Part I argues for a dynamic, rather than fixed, conception of access to justice. It then explores how ADR processes, when placed in this dynamic framework, can create new forms of injustice and intensify preexisting ones. Part II presents a case study from the foreclosure crisis to illustrate how the features of ADR processes are especially well suited to respond to dynamic injustices. It further demonstrates how ADR design must evolve to respond to the dynamic system of (in)justice in which ADR processes operate.


Measuring “Access To Justice” In The Rush To Digitize, Amy J. Schmitz May 2020

Measuring “Access To Justice” In The Rush To Digitize, Amy J. Schmitz

Fordham Law Review

Access to Justice (A2J) is the hot topic of the day, energizing Twitter and judges alike. Meanwhile, professors and policymakers join in song, singing the praises of online dispute resolution (ODR) as means for expanding A2J. This is because ODR uses technology to allow for online claim diagnosis, negotiation, and mediation without the time, money, and stress of traditional court processes. Indeed, courts are now moving traffic ticket, condominium, landlord/tenant, personal injury, debt collection, and even divorce claims online. The hope is that online triage and dispute resolution systems will provide means for obtaining remedies for self-represented litigants (SRLs) and …


Access To Justice And Dispute Resolution Across Cultures, Sukhsimranjit Singh May 2020

Access To Justice And Dispute Resolution Across Cultures, Sukhsimranjit Singh

Fordham Law Review

There is a saying in the United States: the justice one receives is the justice one can afford. All too often, this saying proves true for both lower- and middle-class individuals. For the greatly impoverished, the access to justice crisis is twofold: part of the problem is knowing when to seek legal help and another is ensuring adequate delivery of legal assistance on request. Middle- class individuals face a different challenge, as they surpass the income threshold for free civil public legal aid but cannot afford the rising costs of conventional litigation. The problem persists across different cultures. This Article …


How Mediation Contributes To The “Justice Gap” And Possible Technological Fixes, Ellen Waldman May 2020

How Mediation Contributes To The “Justice Gap” And Possible Technological Fixes, Ellen Waldman

Fordham Law Review

This Essay’s basic premise is that mediation, as it currently is presented to pro se parties in the lower courts, risks significant depredations of justice. This risk flows directly from the ethics rules that either discourage or outright forbid mediators from providing disputants with exactly the information they need to make informed judgments as they bargain over housing, time with children, and scarce financial resources.


Hilda Townsend Revocable Trust V. Johnson Apr 2020

Hilda Townsend Revocable Trust V. Johnson

All Decisions

No abstract provided.


Rochdale Vil. Inc. V. Lomax Apr 2020

Rochdale Vil. Inc. V. Lomax

All Decisions

No abstract provided.


381 East 160th Llc V. Fana Apr 2020

381 East 160th Llc V. Fana

All Decisions

No abstract provided.


Windy Realty Assocs. Llc V. Hiciano Apr 2020

Windy Realty Assocs. Llc V. Hiciano

All Decisions

No abstract provided.


Matter Of Regina Metro. Co., Llc V. New York State Div. Of Hous. & Community Renewal Apr 2020

Matter Of Regina Metro. Co., Llc V. New York State Div. Of Hous. & Community Renewal

All Decisions

No abstract provided.


Forming Start-Up Companies: Who’S My Client?, Nancy J. Moore Apr 2020

Forming Start-Up Companies: Who’S My Client?, Nancy J. Moore

Fordham Law Review

Consider the following scenario: three individuals—a magician, a baker, and a puppeteer—want to start a business that will run birthday parties for children. The magician will put up most of the money, the baker has extensive experience with children’s birthday parties, and the puppeteer, who has an MBA, will manage the business. They meet with a lawyer to help them form a company, including advising them on such issues as choice of entity and allocation of ownership and control. Before the lawyer agrees to the representation, she must ask herself: “who will I represent?”


Using General Counsel To Set The Tone For Work In Large Chapter 11 Cases, Nancy B. Rapoport Apr 2020

Using General Counsel To Set The Tone For Work In Large Chapter 11 Cases, Nancy B. Rapoport

Fordham Law Review

This Essay suggests that one way for the general counsel to help bankruptcy professionals make better staffing and budget decisions is to communicate her values more clearly to those professionals at the beginning of the engagement. In her role as the chief legal officer, the general counsel needs to let the bankruptcy professionals in on her thought processes. How does she watch over her own attorneys’ decisions in other types of cases? What expenses does she consider reasonable? If she takes an active role in monitoring her bankruptcy professionals’ work, her values (assuming that they’re good values) will contribute to …


Economic Inequality, Access To Law, And Mandatory Arbitration Agreements: A Comment On The Standard Conception Of The Lawyer’S Role, Sung Hui Kim Apr 2020

Economic Inequality, Access To Law, And Mandatory Arbitration Agreements: A Comment On The Standard Conception Of The Lawyer’S Role, Sung Hui Kim

Fordham Law Review

This Article contends that these autonomy-based defenses of the standard conception cannot withstand the “economic inequality” objection. According to this objection, the moral worthiness of lawyering under the standard conception cannot be reconciled with a legal system that is so marred by gross economic inequality such that only the wealthy have access to lawyers. It can also not be reconciled with the fact that the wealthy routinely use lawyers to undermine the public interest and exploit others who cannot afford lawyers. After examining responses to the economic inequality objection, this Article concludes that these responses do not take seriously how …


Foreword: Corporate Lawyers: Ethical And Practical Lawyering With Vanishing Gatekeeper Liability, Marc I. Steinberg Apr 2020

Foreword: Corporate Lawyers: Ethical And Practical Lawyering With Vanishing Gatekeeper Liability, Marc I. Steinberg

Fordham Law Review

As the articles in this Colloquium illustrate, the role of the corporate lawyer—both as in-house and outside counsel—is instrumental in effectuating ethical lawyering, sound corporate governance practices, and law compliance. These timely contributions that are summarized at a later point in this Article comprise a valuable resource to assess the functions, obligations, and perceptions of the corporate attorney, as well as the public policy ramifications of counsel’s conduct.


Compliance Elites, Miriam H. Baer Apr 2020

Compliance Elites, Miriam H. Baer

Fordham Law Review

As corporate compliance has expanded its influence, so too has the status of those who implement and oversee the firm’s compliance function. Chief compliance officers (CCOs), who are often (but not exclusively) lawyers by training, increasingly boast the types of resumes one associates with elite lawyers. In many ways, this is good news for compliance. There may, however, be several downsides to a strategy of relying so heavily on a cadre of compliance elites. The aim of this Article is to discuss one of these downsides. High-performing lawyers nurture a potent, yet underexplored, cognitive blind spot. Having performed extremely well …


Gatekeepers, Cultural Captives, Or Knaves?: Corporate Lawyers Through Different Lenses, Donald C. Langevoort Apr 2020

Gatekeepers, Cultural Captives, Or Knaves?: Corporate Lawyers Through Different Lenses, Donald C. Langevoort

Fordham Law Review

Here, I simply want to move things forward in the study of the professional responsibility of corporate lawyers in two ways that are somewhat related. One is to push harder on consciousness by looking more closely at the lengthy continuum— not a binary yes/no—in the awareness of wrongdoing risk as heavily influenced by the “slippery slope.” That is a layman’s intuition put to use well beyond academic research: armchair philosophers have long understood that the road to hell is not only paved with good intentions but starts in small, often unconscious steps that gradually grow larger and harder to stop. …


Chief Legal Officer 5.0, Omari Scott Simmons Apr 2020

Chief Legal Officer 5.0, Omari Scott Simmons

Fordham Law Review

This Essay builds upon the business-lawyer value-creation literature by analyzing the contemporary CLO and argues for an enhanced CLO role. It emphasizes the sometimes ignored and underemphasized demand-side considerations involved in the provision of legal services. These demand- side considerations will help to predict the competencies and expanded skill sets CLOs will need to navigate the challenging contemporary business environment. Part I of this Essay discusses CLOs’ sophisticated purchasing competencies. It explores how CLOs have revolutionized legal service provision by addressing problems stemming from information asymmetries between the client corporation and external legal service providers. Part II examines how the …


Getting In And Out Of The House: The Worlds Of In-House Counsel, Big Law, And Emerging Career Trajectories Of In-House Lawyers, Eli Wald Apr 2020

Getting In And Out Of The House: The Worlds Of In-House Counsel, Big Law, And Emerging Career Trajectories Of In-House Lawyers, Eli Wald

Fordham Law Review

The traditional story of in-house counsel is of a transformation and triumph over “Big Law” in a zero-sum game for power, prestige, and money. That story, however, is inaccurate descriptively, prescriptively, and normatively. Descriptively, in-house lawyers were part of the legal elite dominating corporate counseling before large law firms first rose to power and prominence. In-house counsel then lost ground and the position of general counsel to Big Law lawyers between the 1940s and 1970s, only to mount an impressive comeback to elite status beginning in the 1970s. Yet the in-house comeback was not a simple power struggle with Big …


Zi Chang Realty Corp. V. Chen Mar 2020

Zi Chang Realty Corp. V. Chen

All Decisions

No abstract provided.


Nixon V. Henry Mar 2020

Nixon V. Henry

All Decisions

No abstract provided.


64 Van St., Llc V. Cuevas Mar 2020

64 Van St., Llc V. Cuevas

All Decisions

No abstract provided.


How Should We License Lawyers?, Cassandra Burke Robertson Mar 2020

How Should We License Lawyers?, Cassandra Burke Robertson

Fordham Law Review

What would a licensing regime designed around client protection look like? This Article proposes that it would include a narrower but more active judicial role. A one-size-fits-all exam would no longer control entry into the profession. The state judiciary would not be the gatekeeper for the entire legal profession; instead, its licensing role would focus on those attorneys who represent individual clients in court and those who manage client funds. But for this subset of lawyers, state judges should take a larger and more active role in overseeing the transition from student to advocate and should require greater practice readiness …


A Fiduciary Judge's Guide To Awarding Fees In Class Actions, Brian T. Fitzpatricj Mar 2020

A Fiduciary Judge's Guide To Awarding Fees In Class Actions, Brian T. Fitzpatricj

Fordham Law Review

It is often said that judges act as fiduciaries for the absent class members in class action litigation. If we take this seriously, how then should judges award fees to the lawyers who represent these class members? The answer is to award fees the same way rational class members would want if they could do it on their own. In this Essay, I draw on economic models and data from the market for legal representation of sophisticated clients to describe what these fee practices should look like. Although more data from sophisticated clients is no doubt needed, what we do …


Reasoned Decision-Making For Ethics Regulation, John S. Dzienkowski, John M. Golden Mar 2020

Reasoned Decision-Making For Ethics Regulation, John S. Dzienkowski, John M. Golden

Fordham Law Review

Many lawyers and scholars have criticized the ethics rules developed by the organized legal profession to regulate the practice of law. Complaints about processes for generating new ethics rules and ethics opinions interpreting ethics rules commonly reflect concerns about failures to engage in reasoned decision-making. Rationales for the proposed rules or the opinions proffered by bar associations, courts, or agencies are often incomplete or inadequately supported, and one must imagine that the quality of resulting rules or their interpretations often suffers. We argue that administrative law provides a model for how courts can address such concerns—a model that courts, both …


Judge's And The Deregulation Of The Lawyer's Monopoly, Jessica K. Steinberg, Et Al. Mar 2020

Judge's And The Deregulation Of The Lawyer's Monopoly, Jessica K. Steinberg, Et Al.

Fordham Law Review

Drawing on original data from a cross-jurisdictional investigation of the civil justice landscape, this Article shows how some judges—mired in the pro se crisis—are relying on a shadow network of nonlawyer professionals to substitute for the role counsel has traditionally played. Focusing on domestic violence courts as the primary illustration, we find that even in jurisdictions not currently contemplating regulatory reform, judges are relying on organized nonlawyer actors to prepare pleadings, offer substantive and procedural information to litigants, and provide counseling services. These nonlawyer advocates play a significant role in shaping the facts and arguments presented to the judge, which …


Evidence-Based Promulgation: The Rulemaking Process For Rules Of Professional Conduct, Emily S. Taylor Poppe Mar 2020

Evidence-Based Promulgation: The Rulemaking Process For Rules Of Professional Conduct, Emily S. Taylor Poppe

Fordham Law Review

This Article proceeds in three parts. Part I considers variation in the rule promulgation process across the states. Part II identifies ways in which the promulgation process might be reformed on the basis of empirical evidence. Part III considers the potential benefits and limitations to this approach and is followed by a brief conclusion