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Articles 481 - 510 of 1523
Full-Text Articles in Entire DC Network
Full Cost In Translation: Awarding Expert Witness Fees In Copyright Litigation, Nicholas Vennekotter
Full Cost In Translation: Awarding Expert Witness Fees In Copyright Litigation, Nicholas Vennekotter
Fordham Law Review
When deciding whether to bring or defend against copyright infringement claims, the cost of litigation plays a critical role in the minds of potential litigants. The cost of retaining experts, particularly, is a large factor in this calculus. Although U.S. courts generally require each party to cover the cost of their own legal fees during litigation, the Copyright Act of 1976 permits courts, in their discretion, to allow the prevailing party to recover “full costs.” Yet, the language “full costs” is considered ambiguous, which leads to inconsistent awards of costs among the appellate courts. The circuits disagree whether the Copyright …
Impoverished Algorithms: Misguided Governments, Flawed Technologies, And Social Control, Sarah Valentine
Impoverished Algorithms: Misguided Governments, Flawed Technologies, And Social Control, Sarah Valentine
Fordham Urban Law Journal
No abstract provided.
Anti-Money Laundering And Lawyer Regulation: The Response Of The Professions, Delphine Nougayrède
Anti-Money Laundering And Lawyer Regulation: The Response Of The Professions, Delphine Nougayrède
Fordham International Law Journal
No abstract provided.
Universities As Vehicles For Immigrant Integration, Kit Johnson
Universities As Vehicles For Immigrant Integration, Kit Johnson
Fordham Urban Law Journal
No abstract provided.
Diary Of A Civil Public Defender: Critical Lessons For Achieving Transformative Change On Behalf Of Communities, Runa Rajagopal
Diary Of A Civil Public Defender: Critical Lessons For Achieving Transformative Change On Behalf Of Communities, Runa Rajagopal
Fordham Urban Law Journal
No abstract provided.
Multilevel Access To Justice In A World Of Vanishing Trials: A Conflict Resolution Perspective, Hadas Cohen, Michal Albertstein
Multilevel Access To Justice In A World Of Vanishing Trials: A Conflict Resolution Perspective, Hadas Cohen, Michal Albertstein
Fordham Urban Law Journal
No abstract provided.
The Appearance Of Professionalism, Elizabeth B. Cooper
The Appearance Of Professionalism, Elizabeth B. Cooper
Faculty Scholarship
The dominant image of a lawyer persists: a neatly dressed man wearing a conservative dark suit, white shirt, and muted accessories. Many attorneys can conform to this expectation, but there are a growing number of “outsider” lawyers for whom compliance with appearance norms can challenge their fundamental identities. People of color, women, LGBTQ individuals, religiously observant persons, and those who inhabit intersectional identities are among those who disproportionately remain excluded from the dominant culture and centers of power in the legal profession. Expectations of appearance conformity create profound concerns that go well beyond style preferences, raising questions of autonomy and …
Bx Pk Phase Ii Preservation V Lawrence
Bx Pk Phase Ii Preservation V Lawrence
All Decisions
In this nonpayment case, the tenant moved to dismiss the petition. The court ultimately dismissed the petition considering the evidentiary materials: cancelled checks, petitioner's rent ledger, and Dss/HRA printout. The evidence presented shows that landlord reflected DSS/HRA payments in the rent ledger, but not in the rent demand. Rather, petitioner "appears to have simply taken the amount assertedly due to date and divided it by the monthly rent to arrive at the breakdown in the rent demand." Judge Lutwak concludes that the evidence establishes that "monies received in and for the months listed in the rent demand were not reflected …
History And Harvard Law School, Bruce A. Kimball, Daniel R. Coquillette
History And Harvard Law School, Bruce A. Kimball, Daniel R. Coquillette
Fordham Law Review
In their seminal article, Alfred Konefsky and John Henry Schlegel saw institutional histories of law schools as the graveyard of academic reputations. So why write institutional histories? Due to the leadership of Robert Kaczorowski and William Nelson, and the generosity of Fordham University School of Law and New York University School of Law, an important conference took place between July 2 and July 4, 2018, at New York University’s Villa La Pietra outside of Florence. The purpose was to encourage good institutional history and to define its value. We had recently published the first volume of a new history of …
A Conversation With The Honorable Rosalie Silberman Abella And Dean Matthew Diller, Rosalie Silberman Abella, Matthew Diller
A Conversation With The Honorable Rosalie Silberman Abella And Dean Matthew Diller, Rosalie Silberman Abella, Matthew Diller
Fordham Law Review
DEAN MATTHEW DILLER: This year we are leading up to our celebration of 100 Years of Women at Fordham Law School. In September 1918, the Fordham Law faculty voted to admit women, and we are planning to celebrate that in style. But tonight perhaps is a bit of a teaser for that. Justice Rosalie Silberman Abella is a woman of firsts. She is the first Jewish woman to sit on the bench of the Supreme Court of Canada, and before the Supreme Court, when she was appointed to the Ontario Family Court in 1976, she became the first Jewish woman …
Study Group On Immigrant Representation: The First Decade, Robert A. Katzmann
Study Group On Immigrant Representation: The First Decade, Robert A. Katzmann
Fordham Law Review
All of us here have a common goal: ensuring adequate legal representation of the immigrant poor. A courtroom has multiple players with different roles, but all would agree that adequate legal representation of the parties is essential to the fair and effective administration of justice. Deficient representation frustrates the work of courts and ill serves litigants. All too often, and throughout the country, courts that address immigration matters must contend with such a breakdown in legal representation, a crisis of massive proportions with severe, tragic costs to immigrants and their families. For our nation’s immigrants, the urgent need for competent …
Universal Representation, Lindsay Nash
Universal Representation, Lindsay Nash
Fordham Law Review
In an era in which there is little good news for immigrant communities and even holding the line has become an ambitious goal, one progressive project has continued to gain steam: the movement to provide universal representation for noncitizens in removal proceedings. This effort, initially born out of a pilot project in New York City, has generated a host of replication projects throughout the nation and holds the promise of even broader expansion. But as it grows, this effort must confront challenges from within: the sort-of supporters who want to limit this representation system’s coverage in a number of ways, …
Civil Litigation Reform In The Trump Era: Threats And Opportunities Searching For Salvageable Ideas In Ficala, Howard M. Erichson
Civil Litigation Reform In The Trump Era: Threats And Opportunities Searching For Salvageable Ideas In Ficala, Howard M. Erichson
Fordham Law Review
The Fairness in Class Action Litigation Act of 2017 (FICALA) was introduced in Congress less than three weeks after Donald Trump took office as President. Supported by the U.S. Chamber of Commerce and opposed by consumer advocates and civil rights groups, the bill passed the House of Representatives one month after its introduction on a party-line vote of 220 to 201, with 220 Republicans and zero Democrats voting in favor. FICALA stalled in the Senate and, as of this writing, does not appear to be moving toward passage in its current form. But reform ideas have a way of reappearing, …
September 2018, Maloney Library, Fordham University School Of Law
September 2018, Maloney Library, Fordham University School Of Law
Maloney Matters
No abstract provided.
550 E 182 Llc V. Quattlebaum
All Decisions
Landlord brought a nonpayment case against rent-stabilized tenant. Landlord's attorney would not accept amended answer from counsel, now tenant moves the court to amend the answer under CPLR 3025 (b). Motion granted to amend the answer. The proposed amended answer provides greater notice of respondent's breach of habitability defense and counterclaims, and such amplification has not been articulated to be prejudicial to landlord. The other defenses are standard in nonpayment proceedings and arise out of documents, copies of which are attached to the motion papers, which were in landlord's possession or easily accessible to landlord. Accordingly, landlord cannot claim to …
Family Courts As Certifying Agencies: When Family Courts Can Certify U Visa Applications For Survivors Of Intimate Partner Violence, Sylvia Lara Altreuter
Family Courts As Certifying Agencies: When Family Courts Can Certify U Visa Applications For Survivors Of Intimate Partner Violence, Sylvia Lara Altreuter
Fordham Law Review
Undocumented intimate partner violence survivors living in the UnitedStates have limited options for immigration relief. One of the only avenuesopen to them is the U Visa: a nonimmigrant visa established by the BatteredImmigrant Women Protection Act of 2000. To apply for a U Visa, a survivormust prove to immigration authorities that she was the victim of a crime;suffered substantial abuse; and was, is,or is likely to be helpful in theinvestigation of her abuser. The statute requires that all U Visa applicationsbe certified by an appropriate officialwho testifies to the applicant’shelpfulness with the investigation. This certification is a tremendous obstaclefor survivors: …
"Encroachments And Oppressions": The Corporatization Of Procedure And The Decline Of Rule Of Law, J. Maria Glover
"Encroachments And Oppressions": The Corporatization Of Procedure And The Decline Of Rule Of Law, J. Maria Glover
Fordham Law Review
This Article begins by providing a brief account of the corporatization of procedure through judicial decision-making and noting some of the detrimental effects it has had on the preservation of rule of law and access to justice. Part II goes on to explore how the judiciary does not retain full control over procedure and how corporate entities have little care for whether a procedural reform simply cuts back at litigation or goes further and cuts back at judicial power and the judicial role itself. To illustrate these points, Part II examines the most recent attempt at “procedural reform” by corporate …
Family Law And The New Access To Justice, Rebecca Aviel
Family Law And The New Access To Justice, Rebecca Aviel
Fordham Law Review
This Article explores whether the optimistic prospect suggested by this experience—of reform that promotes rather than inhibits access-to-justice values—is inherently limited to family law. Does the experience with family court reform offer insights that transfer to other contexts, or is family law simply too exceptional? On the one hand, family law disputes are unique in some truly important ways. It is difficult, for example, to conceive of a convincing analogue for postdivorce parenting, and what we mean by “justice” can be fundamentally different for domestic-relations litigants than for others. On the other hand, reform in family court has been driven …
Reentry Resource, Queens Library
The History Of The Modern Class Action, Part Ii: Litigation And Legitimacy, 1981-1994, David Marcus
The History Of The Modern Class Action, Part Ii: Litigation And Legitimacy, 1981-1994, David Marcus
Fordham Law Review
The first era of the modern class action began in 1966, with revisions to Rule 23 of the Federal Rules of Civil Procedure. It ended in 1980. Significant turmoil roiled these years. Policymakers grappled with the powerful device as advocates argued over its purpose, and judges struggled to create rules for the novel litigation the remade Rule 23 generated. This Article tells the story of the class action’s second era, which stretched from 1981 to 1994. At first blush, these were quiet years. Doctrine barely changed, and until the early 1990s, policymakers all but ignored the device. Below this surface …
Grassroots Challenges To The Effects Of Prison Sprawl On Mental Health Services For Incarcerated People, Stefen R. Short
Grassroots Challenges To The Effects Of Prison Sprawl On Mental Health Services For Incarcerated People, Stefen R. Short
Fordham Urban Law Journal
No abstract provided.
Silverleaf Lp V. Matthew
All Decisions
LL brought a holdover proceeding based on tenant's harboring of a dog in violation of her lease. Tenant raised the defense of pet waiver. Tenant moved for summary judgment on the pet waiver defense under NYC Pet Law, NYC Admin Code sec. 27-2009.1(b). The issue evaluated by the Court is whether there is a material issue of fact with regard to tenant's defense of waiver under NYC Pet Law. Here, the motion is denied as the evidence tenant submits falls short of what is required to meet her initial burden of proving the elements of the NYC pet law defense. …
Beyond Corporate Form: A Response To Dan Depasquale, Surbhi Sarang, And Natalie Bump Vena’S Forging Food Justice Through Cooperatives In New York City, Jonathan Brown
Fordham Urban Law Journal
No abstract provided.
International Legal Ethics: The Evolution Of A Field, Deborah L. Rhode
International Legal Ethics: The Evolution Of A Field, Deborah L. Rhode
Fordham International Law Journal
No abstract provided.
Who Is Worthy? Non-Lawyer Participation In Japanese And Singaporean Lawyer Disciplinary Systems, Dr. Kay-Wah Chan, Helena Whalen-Bridge
Who Is Worthy? Non-Lawyer Participation In Japanese And Singaporean Lawyer Disciplinary Systems, Dr. Kay-Wah Chan, Helena Whalen-Bridge
Fordham International Law Journal
No abstract provided.
The Reform Of The Russian Legal Profession: Three Varying Perspectives, Susan Carle, Gayane Davidyan, Thomas Mcdonald, Delphine Nougayrède
The Reform Of The Russian Legal Profession: Three Varying Perspectives, Susan Carle, Gayane Davidyan, Thomas Mcdonald, Delphine Nougayrède
Fordham International Law Journal
No abstract provided.
The Impact Of International Lawyer Organizations On Lawyer Regulation, Leslie C. Levin, Lynn Mather, Leny De Groot-Van Leeuwen
The Impact Of International Lawyer Organizations On Lawyer Regulation, Leslie C. Levin, Lynn Mather, Leny De Groot-Van Leeuwen
Fordham International Law Journal
No abstract provided.
Administering The Mark Of Cain: Secrecy And Exclusion In The Fctc Implementation Process, Gregory F. Jacob
Administering The Mark Of Cain: Secrecy And Exclusion In The Fctc Implementation Process, Gregory F. Jacob
Fordham International Law Journal
No abstract provided.
Human Rights Lawyers' Role In Rights Ngos In China: History And Future, Lu Jun
Human Rights Lawyers' Role In Rights Ngos In China: History And Future, Lu Jun
Fordham International Law Journal
No abstract provided.
In Whose Service? The Transnational Legal Profession's Interaction With China And The Threat To Lawyers' Autonomy And Professional Integrity, Eva Pils
Fordham International Law Journal
No abstract provided.