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Articles 541 - 570 of 1523
Full-Text Articles in Entire DC Network
A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney
A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney
Fordham Law Review
Using this broad connotation of justice, this Article questions whether many victims of legal malpractice are denied access to justice. In writing about the regulatory function of legal malpractice as a tort, Professor John Leubsdorf argues that legal malpractice relates to three important functions of the law of lawyering: “[D]elineating the duties of lawyers, creating appropriate incentives and disincentives for lawyers in their dealings with clients and others, and providing access to remedies for those injured by improper lawyer behavior.” Arguably, persons injured by lawyer misconduct are denied access to justice if our civil liability system does not provide them …
Luxembourg Judicial Style With Or Without The Uk, Fernanda G. Nicola
Luxembourg Judicial Style With Or Without The Uk, Fernanda G. Nicola
Fordham International Law Journal
No abstract provided.
Coordinating Access To Justice For Low And Moderate Income People, Ian Weinstein
Coordinating Access To Justice For Low And Moderate Income People, Ian Weinstein
Faculty Scholarship
No abstract provided.
Refugee Reception And Perception: U.S. Detention Camps And German Welcome Centers, Valeria Gomez, Karla Mari Mckanders
Refugee Reception And Perception: U.S. Detention Camps And German Welcome Centers, Valeria Gomez, Karla Mari Mckanders
Fordham International Law Journal
No abstract provided.
Silencing Justice Abroad: The Threat To The Independence Of Lawyers In The Islamic Republic Of Iran, Sahar Moazami
Silencing Justice Abroad: The Threat To The Independence Of Lawyers In The Islamic Republic Of Iran, Sahar Moazami
Fordham International Law Journal
No abstract provided.
Two, Three Many Rosas! Rebellious Lawyers And Progressive Activist Organizations, Brian Glick
Two, Three Many Rosas! Rebellious Lawyers And Progressive Activist Organizations, Brian Glick
Faculty Scholarship
The cast of prototypic rebellious lawyers promoted by Gerald Lopez is incomplete. It leaves out a very important mode of lawyering: that of working for a progressive activist organization. To fill that gap, this essay introduces “Rosa,” a lawyer on the staff of an organization of low-wage workers fighting for workplace justice and systemic change. The essay argues that working for such organizations in a way that is accountable to the organizations is an especially effective way for lawyers to contribute to economic, racial, gender, social and environmental justice. It examines three current models of such practice: in-house, in an …
Disrupting The Trajectory: Representing Disabled African American Boys In A System Designed To Send Them To Prison, Leah Aileen Hill
Disrupting The Trajectory: Representing Disabled African American Boys In A System Designed To Send Them To Prison, Leah Aileen Hill
Fordham Urban Law Journal
No abstract provided.
Community Engagement And Transportation Equity, Edward W. De Barbieri
Community Engagement And Transportation Equity, Edward W. De Barbieri
Fordham Urban Law Journal
No abstract provided.
Democratizing Entrepreneurship: Online Documents, Tools, And Startup Know-How, Jeff Thomas, Praveen Kosuri, Bernice Grant
Democratizing Entrepreneurship: Online Documents, Tools, And Startup Know-How, Jeff Thomas, Praveen Kosuri, Bernice Grant
Faculty Scholarship
No abstract provided.
A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney
A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney
Fordham Law Review
Using this broad connotation of justice, this Article questions whether many victims of legal malpractice are denied access to justice. In writing about the regulatory function of legal malpractice as a tort, Professor John Leubsdorf argues that legal malpractice relates to three important functions of the law of lawyering: “[D]elineating the duties of lawyers, creating appropriate incentives and disincentives for lawyers in their dealings with clients and others, and providing access to remedies for those injured by improper lawyer behavior.” Arguably, persons injured by lawyer misconduct are denied access to justice if our civil liability system does not provide them …
Now Is The Time!: Challenging Resegregation And Displacement In The Age Of Hypergentrification, Bethany Y. Li
Now Is The Time!: Challenging Resegregation And Displacement In The Age Of Hypergentrification, Bethany Y. Li
Fordham Law Review
Gentrification is reaching a tipping point of resegregating urban space in global cities like New York and San Francisco, often spurred by seemingly neutral government policies. The displacement resulting from gentrification forces low-income people from their homes into areas of concentrated poverty. Low-income communities consequently lose space, place, social capital, and cultural wealth that residents and small businesses have spent decades building up. This Article argues that communities at this tipping point must integrate litigation strategies directly aimed at stemming the adverse impacts of gentrification. Community organizing is integral to antidisplacement efforts, but litigation—and its injunctive powers—should play a larger …
See No Fiduciary, Hear No Fiduciary: A Lawyer’S Knowledge Within Aiding And Abetting Fiduciary Breach Claims, Brinkley Rowe
See No Fiduciary, Hear No Fiduciary: A Lawyer’S Knowledge Within Aiding And Abetting Fiduciary Breach Claims, Brinkley Rowe
Fordham Law Review
Fiduciary liability for attorney conduct generally extends only to direct clients of legal services. Over the last few decades, however, the lawyer’s role has expanded. Following this trend, fiduciary liability also has expanded to allow third-party claims in certain limited circumstances. One example is the attorney aiding and abetting a client’s fiduciary breach claim. One of the key requirements for liability under this claim is the attorney’s knowledge of his client’s fiduciary relationship with the third party alleging the breach. Within those jurisdictions that have accepted the claim, there are two approaches to the knowledge element. The first is the …
Morrison Management Llc V Rodriguez
Morrison Management Llc V Rodriguez
All Decisions
Landlord sued tenant of record and his daughter for nonpayment of rent. Only the daughter appeared and consented to a money judgment and stay of execution of the warrant in exchange for payment of rent, and a lease in her name. The daughter filed five orders to show cause to stay ex and obtain a lease from the landlord. Daughter, now represented by counsel, moved the court to vacate the judgment and warrant and interpose a defense and counterclaim for rent overcharge. The court reviewed the DHCR rent history noticing that the vacancy prior to this tenancy caused the rent …
The Second Circuit And Social Justice, Matthew Diller, Alexander A. Reinert
The Second Circuit And Social Justice, Matthew Diller, Alexander A. Reinert
Fordham Law Review
This Article highlights just a few areas of law as illustrations of the Second Circuit’s jurisprudence in dealing with claims of marginalized and subordinated individuals and groups. In the area of civil rights, this Article focuses on sexual harassment law and prisoners’ rights. In the area of public benefits, this Article focuses on public assistance and the disability benefit programs of the Social Security Act.
Fordham Lawyer, No. 11 - Fall 2016, Fordham Law Alumni Association, Fordham Law School
Fordham Lawyer, No. 11 - Fall 2016, 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.
David Brown Versus Louisiana, Charles Ogletree, Ronald Sullivan
David Brown Versus Louisiana, Charles Ogletree, Ronald Sullivan
Amicus Briefs
No abstract provided.
The Currency Of Taxation, Tsilly Dagan
The Currency Of Taxation, Tsilly Dagan
Fordham Law Review
In its canonical rendition, income taxation aspires to achieve the sometimes-conflicting goals of maximizing social welfare and promoting distributive justice. We do not usually think about tax law as participating in the formation of our identities, shaping the ways in which we perceive ourselves, or influencing how we interact with others. I argue, however, that income tax is a powerful social instrument that plays an important role in the construction of our identities and interactions with one another. Income tax law, I claim, simultaneously reflects and shapes our identities, self-perceptions, and social interactions in various contexts, including within our families …
The Decline In Tax Adviser Professionalism In American Society, John S. Dzienkowski, Robert J. Peroni
The Decline In Tax Adviser Professionalism In American Society, John S. Dzienkowski, Robert J. Peroni
Fordham Law Review
In Part I, this Article briefly examines the debate over the proper role of the tax professional in representing clients. Part II discusses whether tax professionals owe special duties to the tax system. Part III analyzes how the tax professionals’ involvement in several waves of tax shelter abuses is in sharp contrast to the high-minded rhetoric of the tax ethics debate. This part also discusses changes in the legal and accounting professions that have contributed to the current state of taxpayer representation. This Article advocates for the position that tax professionals owe a duty to the tax system and such …
Foreword: We Are What We Tax, Mary Louise Fellows, Grace Heinecke, Linda Sugin
Foreword: We Are What We Tax, Mary Louise Fellows, Grace Heinecke, Linda Sugin
Fordham Law Review
On November 12 and 13, 2015, the Fordham Law Review hosted a symposium entitled We Are What We Tax. We invited scholars with a wide array of expertise inside and outside of the tax arena to consider how tax laws have shaped public and private institutions, cultural norms and hierarchies, and societal values.
Time, Due Process, And Representation: An Empirical And Legal Analysis Of Continuances In Immigration Court, David Hausman, Jayashri Srikantiah
Time, Due Process, And Representation: An Empirical And Legal Analysis Of Continuances In Immigration Court, David Hausman, Jayashri Srikantiah
Fordham Law Review
Since 2014, U.S. immigration courts have expedited the cases of many children and families fleeing persecution in Mexico and Central America. This Article conducts an empirical and legal analysis of this policy, revealing that reasonable time between immigration court hearings is necessary to protect the statutory and constitutional rights to legal representation. A large majority of immigrants facing deportation- including those part of the recent surge of children and families from Central America and Mexico-appear at their first deportation hearing without a lawyer, often because they cannot afford one. When an immigrant appears without a lawyer and does not expressly …
Recalling The Lawyers: The Nhtsa, Gm, And The Chevrolet Cobalt, Bernard W. Bell
Recalling The Lawyers: The Nhtsa, Gm, And The Chevrolet Cobalt, Bernard W. Bell
Fordham Law Review
This Article summarizes product safety and vehicle safety law and recounts General Motors Company’s (GM) response to the Cobalt ignition switch defect, paying particular attention to the actions of GM’s in-house and outside counsel. This Article then considers the legality and prudence of a regulatory agency’s imposition of gatekeeping responsibilities on such counsel.
Are Campus Sexual Assault Tribunals Fair?: The Need For Judicial Review And Additional Due Process Protections In Light Of New Case Law, Emily D. Safko
Are Campus Sexual Assault Tribunals Fair?: The Need For Judicial Review And Additional Due Process Protections In Light Of New Case Law, Emily D. Safko
Fordham Law Review
The pervasiveness of sexual assault on college and university campuses and the schools’ failures to take sexual assault seriously have resulted in recent reforms to college campus disciplinary proceedings. The federal government has largely prompted this wave of reform through Title IX, requiring schools to employ particular policies and procedures for investigating and adjudicating sexual assault as a condition of receiving federal funds. Although the federal government’s mandates may be properly motivated, these reforms are criticized because they encourage schools to enact procedures that are heavily stacked against those accused of sexual assault. Consequently, students alleging that they have been …
Inside Lawyers: Friends Or Gatekeepers?, Sung Hui Kim
Inside Lawyers: Friends Or Gatekeepers?, Sung Hui Kim
Fordham Law Review
Part I of this Article sets the stage by contrasting two alternative proposals to reform the inside lawyer's role—my reform and Hamermesh's counterreform. Part II discusses the primary empirical disagreements between the two approaches. Part III interrogates the propriety and the utility of invoking the “lawyer as friend” analogy as a model to guide inside counsel's relationships with managers.
The Laws Of Agency Lawyering, George M. Cohen
The Laws Of Agency Lawyering, George M. Cohen
Fordham Law Review
The great variety of agency rules governing lawyers raises interesting questions that are worth exploring. This Article begins that exploration. Part I lays the groundwork by briefly examining how the ABA Model Rules treat regulatory lawyering to raise the question of what regulatory gaps the agency rules might be expected to fill. Part II sets forth several possible theories of agency rule variation. Part III compares agency rules along a number of dimensions, examines some similarities and differences across agencies as well as between the agency rules and the Model Rules, and offers speculations about what may be driving the …
Nothing Could Be Finer?: The Role Of Agency General Counsel In North And South Carolina, Elizabeth Chambliss, Dana Remus
Nothing Could Be Finer?: The Role Of Agency General Counsel In North And South Carolina, Elizabeth Chambliss, Dana Remus
Fordham Law Review
This Article examines the role of agency general counsel in North and South Carolina. The two states offer a rich comparative context for research on agency general counsel. Though closely linked in both name and culture, they have different executive structures and recent political histories, and the agency counseling function has evolved and is currently organized in different ways. These structural and political differences at the state level illuminate commonalities and differences at the agency level and provide an accessible starting point for broader state-level research. Part I examines the structural evolution of the agency general counsel position and the …
Lawyer Speech In The Regulatory State, Renee Newman Knake
Lawyer Speech In The Regulatory State, Renee Newman Knake
Fordham Law Review
A lawyer’s speech as advisor and advocate not only holds First Amendment value for the client and for the public, but also for the functioning of American democracy. This is supported both by foundational values undergirding the First Amendment as well as Supreme Court doctrine. This Article builds upon that analysis to posit that lawyers for the regulatory state ought not to be treated as government employees for purposes of the First Amendment when engaged in speech about workplace conditions related to curbing abuse of power, corruption, or other illegality. While this position runs counter to the existing precedent of …
New Roles For Non-Lawyers To Increase Access To Justice, Richard Zorza, David Udell
New Roles For Non-Lawyers To Increase Access To Justice, Richard Zorza, David Udell
Fordham Urban Law Journal
No abstract provided.
Access To Justice: A Roadmap For Reform, Deborah L. Rhode
Access To Justice: A Roadmap For Reform, Deborah L. Rhode
Fordham Urban Law Journal
No abstract provided.
Pro Bono Legal Services: The Silent Majority—A Twenty-Five Year Retrospective, Victor Marrero
Pro Bono Legal Services: The Silent Majority—A Twenty-Five Year Retrospective, Victor Marrero
Fordham Urban Law Journal
No abstract provided.
The Case For Court-Based Document Assembly Programs: A Review Of The New York State Court System's "Diy" Forms, Rochelle Klempner
The Case For Court-Based Document Assembly Programs: A Review Of The New York State Court System's "Diy" Forms, Rochelle Klempner
Fordham Urban Law Journal
No abstract provided.