Digital Commons Network^™

Volunteerism And Transition, John D. Feerick, Jessica Thaler

Faculty Scholarship

No abstract provided.

What’S Love Got To Do With Lawyers? Thoughts On Relationality, Love, And Lawyers’ Work, Eli Wald, Russell G. Pearce

Faculty Scholarship

In a new and provocative book, Rob Vischer has challenged the neutral partisan conception of the lawyer and the legal profession’s reductive presumption that all clients wish to pursue atomistic self-interest irrespective of the consequences to others. Vischer’s use of the teachings of Martin Luther King, Jr. and of Christian theology as a foundation for an alternative, and richly relational, account of law practice is both inspiring and effective.

To debunk the presumption that clients seek narrow self-interest, which the book argues is a powerful component of the neutral partisan conception, Vischer compellingly asserts that clients are relational beings often …

Procedural Justice Beyond Borders: Mediation In Ghana, Jacqueline Nolan-Haley, James Kwasi Annor-Ohene

Faculty Scholarship

Ghana enacted comprehensive alternative dispute resolution legislation in 2010 with the specific goals of providing access to justice and promoting domestic and foreign direct investment (The Act). A significant aspect of the Act was the inclusion of customary arbitration and mediation. The focus of this Article is on mediation as this is the first time that mediation has been included in a statute in Ghana. The Act’s definition of mediation reflects an understanding of the mediation process based upon the western values of individual autonomy and party self-determination. These principles represent a significant departure from the more communal values of …

The Forgotten Law Of Lobbying, Zephyr Teachout

Faculty Scholarship

For most of American history, until the 1950s, courts treated paid lobbying as a civic wrong, not a protected First Amendment right. Lobbying was presumptively against public policy, and lobbying contracts were not enforced. Paid lobbying threatened the integrity of individuals, legislators, lobbyists, and the integrity of society as a whole. Some states had laws criminalizing lobbying; Georgia had an anti-lobbying provision in its Constitution. Inasmuch as there was a personal right to either petition the government, or share views with officers of the government, this right was not something one could sell -- it was not, in the term …

Putting The Legal Profession’S Monopoly On The Practice Of Law In A Global Context, Laurel S. Terry

Fordham Law Review

When considering the proper scope of the U.S. legal profession’s monopoly, regulators and commentators may find it useful to compare the scope of the U.S. monopoly with the legal profession monopolies found in other countries. This Article surveys what we know—and do not know—about the scope of the monopoly in countries other than the United States. The Article finds that the state of knowledge on this topic is relatively undeveloped, that the scope of the U.S. legal profession’s monopoly appears to be larger than the scope of the monopoly found in some other countries, but that the “conventional wisdom” may …

Stein Center News - December 2013, Stein Center For Law And Ethics

Stein Center News

No abstract provided.

Central Harlem Reentry Resource Guide: Steps To Community Reintegration, The Fortune Society, Community Board #10, Public Safety Committee

Reentry Resources

No abstract provided.

Stein Center News - September 2013, Stein Center For Law And Ethics

Stein Center News

No abstract provided.

Eric M. Berman, P.C. V. Dba Asset Holding Corp., Carolyn Coffey, Theodora Galacatos, Claudia Wilner

Amicus Briefs

No abstract provided.

Stein Center News - May 2013, Stein Center For Law And Ethics

Stein Center News

No abstract provided.

Stein Center For Law And Ethics Annual Report 2012 To 2013, Sherri Levine

Annual Reports

No abstract provided.

Lawyering For Groups: The Case Of American Indian Tribal Attorneys, Kristen A. Carpenter, Eli Wald

Fordham Law Review

   Lawyering for groups, broadly defined as the legal representation of a client who is not an individual, is a significant and booming phenomenon. Encompassing the representation of governments, corporations, institutions, peoples, classes, communities, and causes, lawyering for groups is what many, if not most, lawyers do. And yet, the dominant theory of law practice—the Standard Conception, with its principles of zealous advocacy, nonaccountability, and professional role-based morality—and the rules of professional conduct that codify it, continue to be premised on the basic antiquated assumption that the paradigmatic client-attorney relationship is between an individual client and an individual attorney. The result …

Guidebook For Re-Entry Veterans In New York State, Jonathan Pollack, Cynthia Thayer, Valerie Johnson

Reentry Resources

No abstract provided.

Stein Center News - March 2013, Stein Center For Law And Ethics

Stein Center News

No abstract provided.

Evidence Rule 502: The Solution To The Privilege-Protection Puzzle In The Digital Era, John M. Barkett

Fordham Law Review

No abstract provided.

The Rise And Fall Of Chinese Legal Education, Carl Minzner

Fordham International Law Journal

No abstract provided.

Symposium On Eu Law: Developments In Honor Of Judge Konrad Schiemann, Roger Goebel

Fordham International Law Journal

No abstract provided.

Introduction: Symposium On Eu Law: Developments In Honor Of Judge Konrad Schiemann, Roger J. Gobel

Fordham International Law Journal

No abstract provided.

Lawyers’ Professional Independence: Overrated Or Undervalued?, Bruce A. Green

Faculty Scholarship

This article explores the concept of lawyers’ "professional independence" in the literature of the U.S. legal profession. It begins with some reflections on the conventional meanings of professional independence, which encompasses both the bar’s collective independence to regulate its members and individual lawyers’ independence in the context of professional representations, including independence from clients, on one hand, and independence from third parties, on the other. The article suggests that the professional conduct rules are overly preoccupied with protecting lawyers’ professional independence from the corrupting influences of other professionals. The article then turns to an aspect of professional independence that has …

The Relational Infrastructure Of Law Firm Culture And Regulation: The Exaggerated Death Of Big Law, Russell G. Pearce, Eli Wald

Faculty Scholarship

In recent years, the ethical infrastructure and culture of law firms has come under attack from commentators, such as Larry Ribstein, Bill Henderson, and Marc Galanter, who, in related ways, predict "the death of Big Law." They assert that the individualistic ethical infrastructure and culture of large firms undermine their commitment to professional values and will result in their failure to prepare for, and to survive, long term economic and technological trends. We identify a contradiction at the heart of this analysis. While these critiques correctly identify the individualistic flaws of law firm culture, they share the same individualistic assumptions. …

Financial Retrenchment And Institutional Entrenchment: Will Legal Education Respond, Explode, Or Just Wait It Out?, Ian Weinstein

Faculty Scholarship

Both markets and ideas have turned against the American legal profession. Legal hiring has contracted, and law school enrollments are decreasing. The business models of big law and legal education are under pressure, current levels of student indebtedness seem unsustainable, and a hero has yet to emerge from our fragmented regulatory structures. In the realm of ideas, the information revolution has sparked deep critiques of structured knowledge and expertise, opening the roles of the law and the university in society to reexamination. We are less enamored of the scholar-lawyer and gaze with longing at technocrats. I hope that clinical law …

Supranational? Federal? Intergovernmental? The Governmental Structure Of The European Union After The Treaty Of Lisbon, Roger J. Goebel

Faculty Scholarship

The goal of this article is to provide an overview of the progressive augmentation of the supranational character of the governmental structure of the initial EEC, gradually evolving into the present European Union, particularly as a consequence of revisions to the constituent Treaties. Part I of this article presents the European Commission, the initial institution whose structure and operations have always been markedly supranational in character and which has always been dedicated to the promotion of supranational goals. Part II examines the Council of Ministers, the political institution that is intrinsically intergovernmental in character, but whose operational role in the …

Stein Center News - December 2012, Stein Center For Law And Ethics

Stein Center News

No abstract provided.

Cause Lawyers Inside The State, Douglas Nejaime

Fordham Law Review

No abstract provided.

The Moral Complexity Of Cause Lawyers Within The State, David Luban

Fordham Law Review

No abstract provided.

Funding Conditions And Free Speech For Hiv/Aids Ngos: He Who Pays The Piper Cannot Always Call The Tune, Alexander P. Wentworth-Ping

Fordham Law Review

   The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act pledges billions of dollars to fund NGOs combating the HIV/AIDS epidemic but requires recipients to adopt a policy explicitly opposing prostitution and sex trafficking. A possible recipient NGO confronts a tough decision: adopt an affirmative statement against prostitution and sex trafficking to accept the funds, alienating a vital partner in its efforts to eradicate HIV/AIDS; or deny the funds to speak its own message, though without the benefit of government assistance.

   Courts are split on whether the Leadership Act’s policy requirement places an unconstitutional condition on federal funds that requires …

Stein Center News - September 2012, Stein Center For Law And Ethics

Stein Center News

No abstract provided.

Smart Growth: The Large Law Firm In The Twenty-First Century, Eli Wald

Fordham Law Review

No abstract provided.

The Learning Process Of Globalization: How Chinese Law Firms Survived The Financial Crisis, Xueyao Li, Sida Liu

Fordham Law Review

No abstract provided.

Nonlawyers Influencing Lawyers: Too Many Cooks In The Kitchen Or Stone Soup?, Michele Destefano

Fordham Law Review

No abstract provided.