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Articles 511 - 540 of 1523
Full-Text Articles in Entire DC Network
The State's Role In The Regulation And Provision Of Legal Services In South Africa And The United States: Supporting, Nudging, Or Interfering?, Helen Kruuse, Philip Genty
The State's Role In The Regulation And Provision Of Legal Services In South Africa And The United States: Supporting, Nudging, Or Interfering?, Helen Kruuse, Philip Genty
Fordham International Law Journal
No abstract provided.
A Place To Call Home: Tenant Blacklisting And The Denial Of Opportunity, Paula A. Franzese
A Place To Call Home: Tenant Blacklisting And The Denial Of Opportunity, Paula A. Franzese
Fordham Urban Law Journal
No abstract provided.
The Future Of The New International Tax Regime, Rosanne Altshuler, Fadi Shaheen, Jeffrey Colon, Michael Graetz, Rebecca Kysar, Susan Morse, Daniel Shaviro, Richard Phillips, Danielle Rolfes, David Rosenbloom, Stephen Shay, Steven Dean
The Future Of The New International Tax Regime, Rosanne Altshuler, Fadi Shaheen, Jeffrey Colon, Michael Graetz, Rebecca Kysar, Susan Morse, Daniel Shaviro, Richard Phillips, Danielle Rolfes, David Rosenbloom, Stephen Shay, Steven Dean
Fordham Journal of Corporate & Financial Law
No abstract provided.
Independence Without Accountability: The Harmful Consequences Of Eu Policy Toward Central And Eastern European Entrants, James E. Moliterno, Lucia Berdisová, Peter Čuroš, Ján Mazúr
Independence Without Accountability: The Harmful Consequences Of Eu Policy Toward Central And Eastern European Entrants, James E. Moliterno, Lucia Berdisová, Peter Čuroš, Ján Mazúr
Fordham International Law Journal
No abstract provided.
‘Not In My Name’ Claims Of Constitutional Right, Abner S. Greene
‘Not In My Name’ Claims Of Constitutional Right, Abner S. Greene
Faculty Scholarship
We have a constitutional right against the state forcing us to be associated with expression with which we do not wish to be associated. The freedom of expressive association is not stated in our Constitution’s text. Rather, it is derived from various provisions of the First Amendment. As the freedom of speech protects, among other things, our right to shape how we present ourselves to the world, so does the freedom of expressive association protect us from the state shaping us by connecting us to ideas not of our choosing. Our freedom of expressive association allows us to claim an …
A Professional Project In The South Pacific: Regionalism And Reforming Solomon Islands' Legal Profession, Francesca Bartlett
A Professional Project In The South Pacific: Regionalism And Reforming Solomon Islands' Legal Profession, Francesca Bartlett
Fordham International Law Journal
No abstract provided.
The Relevance Of Fatf's Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles
The Relevance Of Fatf's Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles
Fordham International Law Journal
No abstract provided.
Judge Victor Marrero’S Challenge To The Legal Profession: A ‘Little Rebellion Now And Then’, John D. Feerick
Judge Victor Marrero’S Challenge To The Legal Profession: A ‘Little Rebellion Now And Then’, John D. Feerick
Faculty Scholarship
No abstract provided.
Advocacy In Ideas: Legal Education And Social Movements, Monica Bell, Tanya K. Hernandez, Solangel Maldonado, Rachelle Perkins
Advocacy In Ideas: Legal Education And Social Movements, Monica Bell, Tanya K. Hernandez, Solangel Maldonado, Rachelle Perkins
Faculty Scholarship
No abstract provided.
Does Adr’S “Access To Justice” Come At The Expense Of Meaningful Consent?, Jacqueline Nolan-Haley
Does Adr’S “Access To Justice” Come At The Expense Of Meaningful Consent?, Jacqueline Nolan-Haley
Faculty Scholarship
Over the last forty years, ADR processes, in particular mediation and arbitration, have been advanced as vehicles to secure access to justice for individual litigants and to improve efficiency in overburdened court systems. These processes have functioned as alternatives to the court adjudication of disputes, complementing the judicial system, and operating in what has been famously described as “the shadow of the law. The primary benefits promised by ADR were party autonomy and empowerment. ADR processes would allow parties to “fit the forum to the fuss.” These processes would give parties the opportunity to create their own mosaic of justice, …
The Right To Two Criminal Defense Lawyers, Bruce A. Green
The Right To Two Criminal Defense Lawyers, Bruce A. Green
Faculty Scholarship
No abstract provided.
The Internet As Marketplace Of Madness— And A Terrorist’S Best Friend, Thane Rosenbaum
The Internet As Marketplace Of Madness— And A Terrorist’S Best Friend, Thane Rosenbaum
Fordham Law Review
The panel I was assigned to, for this distinguished gathering of scholars at Fordham Law School, where I had previously been a professor for twentythree years, was given the name, “Caution Against Overreaching.” Overreaching and the caution it occasions, in this case, refer to the First Amendment, a uniquely American absolutist, legalistic obsession. For many who fixate on such matters, the government must never be allowed to trample upon the unfettered free speech rights guaranteed under America’s first, and most favorite, Amendment.
Continuity In The Presidency: Gaps And Solutions Building On The Legacy Of The 25th Amendment, Fordham Law School, Feerick Center For Social Justice, Fordham Law Review
Continuity In The Presidency: Gaps And Solutions Building On The Legacy Of The 25th Amendment, Fordham Law School, Feerick Center For Social Justice, Fordham Law Review
Miscellaneous
Program for the symposium "Continuity in the Presidency: Gaps and Solutions Building on the Legacy of the 25th Amendment."
Fordham Lawyer, No. 13 - Fall 2017, Fordham Law Alumni Association, Fordham Law School
Fordham Lawyer, No. 13 - Fall 2017, Fordham Law Alumni Association, Fordham Law School
Fordham Lawyer
Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.
A Paper Shield? Whether State Privilege Protections Apply To Student Journalists, Jonathan Peters, Genelle Belmas, Piotr Bobkowski
A Paper Shield? Whether State Privilege Protections Apply To Student Journalists, Jonathan Peters, Genelle Belmas, Piotr Bobkowski
Fordham Intellectual Property, Media and Entertainment Law Journal
Most states recognize a privilege for journalists to protect confidential sources from compelled disclosure. The privilege varies from state to state, and a major difference is how they define a journalist—i.e., a person qualified to claim the privilege. Some schemes are narrow and limit their coverage to employees of professional news organizations. Others are broad and cover freelancers, filmmakers, bloggers, and others who gather information for publication. But what about student journalists? Are they covered? In recent years, as traditional media have adapted to changing circumstances, student journalists have played a vital role in meeting their communities’ needs for news. …
Fordham Lawyer, No. 12 - Spring 2017, Fordham Law Alumni Association, Fordham Law School
Fordham Lawyer, No. 12 - Spring 2017, Fordham Law Alumni Association, Fordham Law School
Fordham Lawyer
Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.
Lawyers' Ethics Beyond The Vanishing Trial: Unrepresented Claimaints, De Facto Aggregations, Arbitration Mandates, And Privatized Processes, Judith Resnik
Fordham Law Review
Trials are a vivid variable in the world of litigation, as reflected in the title of this colloquium, Civil Litigation Ethics at a Time of Vanishing Trials. The conveners have wisely drawn attention to the disjuncture between legal ethics and today’s litigation world. In this Introduction, I argue that the challenges for lawyers loom larger than those reflected in the declining rate of trials. More facets of contemporary dispute resolution need to be engaged when contemplating the topics and roles that legal ethics need to address in the decades to come.
Closure Provisions In Mdl Settlements, D. Theodore Rave
Closure Provisions In Mdl Settlements, D. Theodore Rave
Fordham Law Review
Closure has value in mass litigation. Defendants often insist on it as a condition of settlement, and plaintiffs who can deliver it may be able to command a premium. But in multidistrict litigation (MDL), which currently makes up over one-third of the federal docket, closure depends on individual claimants deciding to participate in a global settlement. Accordingly, MDL settlement designers often include terms designed to encourage claimants to opt in to the settlement and discourage them from continuing to litigate. Some of these terms have been criticized as unduly coercive and as benefiting the negotiating parties—the defendant and the lead …
Lawyers' Ethics Beyond The Vanishing Trial: Unrepresented Claimaints, De Facto Aggregations, Arbitration Mandates, And Privatized Processes, Judith Resnik
Fordham Law Review
Trials are a vivid variable in the world of litigation, as reflected in the title of this colloquium, Civil Litigation Ethics at a Time of Vanishing Trials. The conveners have wisely drawn attention to the disjuncture between legal ethics and today’s litigation world. In this Introduction, I argue that the challenges for lawyers loom larger than those reflected in the declining rate of trials. More facets of contemporary dispute resolution need to be engaged when contemplating the topics and roles that legal ethics need to address in the decades to come.
Busting Up The Pretrial Industry, Andrew S. Pollis
Busting Up The Pretrial Industry, Andrew S. Pollis
Fordham Law Review
While some argue that “[r]eturning to a trial model would be a significant step toward fulfilling the traditional expectations for the federal courts,” that step backward is unlikely to occur. But I agree that fixes are in order, and I offer two. First, we should consider requiring at least some parties to engage in early settlement evaluation—ideally before extensive discovery gets underway—by submitting cases to summary jury trials and imposing consequences on parties who choose to disregard the results. Second, we should allocate a greater percentage of judicial resources to discovery management through the routine appointment of special masters to …
Closure Provisions In Mdl Settlements, D. Theodore Rave
Closure Provisions In Mdl Settlements, D. Theodore Rave
Fordham Law Review
Closure has value in mass litigation. Defendants often insist on it as a condition of settlement, and plaintiffs who can deliver it may be able to command a premium. But in multidistrict litigation (MDL), which currently makes up over one-third of the federal docket, closure depends on individual claimants deciding to participate in a global settlement. Accordingly, MDL settlement designers often include terms designed to encourage claimants to opt in to the settlement and discourage them from continuing to litigate. Some of these terms have been criticized as unduly coercive and as benefiting the negotiating parties—the defendant and the lead …
Busting Up The Pretrial Industry, Andrew S. Pollis
Busting Up The Pretrial Industry, Andrew S. Pollis
Fordham Law Review
While some argue that “[r]eturning to a trial model would be a significant step toward fulfilling the traditional expectations for the federal courts,” that step backward is unlikely to occur. But I agree that fixes are in order, and I offer two. First, we should consider requiring at least some parties to engage in early settlement evaluation—ideally before extensive discovery gets underway—by submitting cases to summary jury trials and imposing consequences on parties who choose to disregard the results. Second, we should allocate a greater percentage of judicial resources to discovery management through the routine appointment of special masters to …
Restraining Lawyers: From “Cases” To “Tasks”, Morris A. Ratner
Restraining Lawyers: From “Cases” To “Tasks”, Morris A. Ratner
Fordham Law Review
These regulatory and market mechanisms for restraining lawyers share a common thread but differ in their purposes, efficacy, and fairness. Despite these differences, the growing intensity of their focus, and their possible amplification of each other, suggest the possibility of the emergence of new professional norms that call on litigators to think more deeply and inclusively about value from the perspective of court and client when making litigation choices.
Restraining Lawyers: From “Cases” To “Tasks”, Morris A. Ratner
Restraining Lawyers: From “Cases” To “Tasks”, Morris A. Ratner
Fordham Law Review
These regulatory and market mechanisms for restraining lawyers share a common thread but differ in their purposes, efficacy, and fairness. Despite these differences, the growing intensity of their focus, and their possible amplification of each other, suggest the possibility of the emergence of new professional norms that call on litigators to think more deeply and inclusively about value from the perspective of court and client when making litigation choices.
721-735 Walton/Gerard Llc V Marrero
721-735 Walton/Gerard Llc V Marrero
All Decisions
LL commenced a holdover alleging the tenant breached her lease agreement, and nuisance conduct. The Tenant made a pre-answer motion to dismiss arguing the notices are ambiguous and unclear and fails to provide her with an adequate method to cure the alleged breach. For one the breach was for propping an entrance door open but the landlord wrote that the cure would be removal of an AC appliance. The tenant also argued the notice of termination is confusing because the date cited there is prior to the date of the letter. The Court dismissed the petition based on defective notices. …
Stein Center For Law And Ethics Annual Report 2016 To 2017, Stein Center For Law And Ethics
Stein Center For Law And Ethics Annual Report 2016 To 2017, Stein Center For Law And Ethics
Annual Reports
No abstract provided.
Faculty Chairs: New And Currently Endowed Chairholders 2017, Fordham Law School
Faculty Chairs: New And Currently Endowed Chairholders 2017, Fordham Law School
Miscellanea
Short profiles and bibliographies of faculty members awarded chairs in 2017.
The Apps For Justice Project: Employing Design Thinking To Narrow The Access To Justice Gap, Lois R. Lupica, Tobias A. Franklin, Sage M. Friedman
The Apps For Justice Project: Employing Design Thinking To Narrow The Access To Justice Gap, Lois R. Lupica, Tobias A. Franklin, Sage M. Friedman
Fordham Urban Law Journal
No abstract provided.
Criminal Justice Reform Is Not For The Short-Winded: How The Judiciary’S Proactive Pursuit Of Justice Helped Achieve “Raise The Age” Reform In New York, Jonathan Lippman
Criminal Justice Reform Is Not For The Short-Winded: How The Judiciary’S Proactive Pursuit Of Justice Helped Achieve “Raise The Age” Reform In New York, Jonathan Lippman
Fordham Urban Law Journal
No abstract provided.
A Call To Cyberarms: The International Arbitrator’S Duty To Avoid Digital Intrusion, Stephanie Cohen, Mark Morril
A Call To Cyberarms: The International Arbitrator’S Duty To Avoid Digital Intrusion, Stephanie Cohen, Mark Morril
Fordham International Law Journal
No abstract provided.