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Comparative Perspectives On Lawyer Regulation: An Agenda For Reform In The United States And Canada, Deborah L. Rhode, Alice Woolley Jun 2012

Comparative Perspectives On Lawyer Regulation: An Agenda For Reform In The United States And Canada, Deborah L. Rhode, Alice Woolley

Fordham Law Review

No abstract provided.


Organizational Alliances By U.S. Law Schools, Elizabeth Chambliss Jun 2012

Organizational Alliances By U.S. Law Schools, Elizabeth Chambliss

Fordham Law Review

No abstract provided.


Privatizing Professionalism: Client Control Of Lawyers’ Ethics, Christopher J. Whelan, Neta Ziv Jun 2012

Privatizing Professionalism: Client Control Of Lawyers’ Ethics, Christopher J. Whelan, Neta Ziv

Fordham Law Review

No abstract provided.


International Law Firms In China: Market Access And Ethical Risks, Mark A. Cohen Jun 2012

International Law Firms In China: Market Access And Ethical Risks, Mark A. Cohen

Fordham Law Review

No abstract provided.


Becoming A Cosmopolitan Lawyer, John Flood, Peter D. Lederer Jun 2012

Becoming A Cosmopolitan Lawyer, John Flood, Peter D. Lederer

Fordham Law Review

No abstract provided.


Regulating Conflicts Of Interest In Global Law Firms: Peace In Our Time?, Janine Griffiths-Baker, Nancy J. Moore Jun 2012

Regulating Conflicts Of Interest In Global Law Firms: Peace In Our Time?, Janine Griffiths-Baker, Nancy J. Moore

Fordham Law Review

No abstract provided.


Minorities, Merit, And Misrecognition In The Globalized Profession, Hilary Sommerlad Jun 2012

Minorities, Merit, And Misrecognition In The Globalized Profession, Hilary Sommerlad

Fordham Law Review

No abstract provided.


Homeward Bound: What Does A Global Legal Education Offer The Indian Returnees?, Swethaa Ballakrishnen Jun 2012

Homeward Bound: What Does A Global Legal Education Offer The Indian Returnees?, Swethaa Ballakrishnen

Fordham Law Review

No abstract provided.


Law Firms, Global Capital, And The Sociological Imagination, Christine Parker, Tanina Rostain Jun 2012

Law Firms, Global Capital, And The Sociological Imagination, Christine Parker, Tanina Rostain

Fordham Law Review

No abstract provided.


States Side Story: Career Paths Of International Ll.M. Students, Or “I Like To Be In America”, Carole Silver Jun 2012

States Side Story: Career Paths Of International Ll.M. Students, Or “I Like To Be In America”, Carole Silver

Fordham Law Review

No abstract provided.


Corporate Law Firms, Ngos, And Issues Of Legitimacy For A Global Legal Order, Yves Dezalay, Bryant G. Garth Jun 2012

Corporate Law Firms, Ngos, And Issues Of Legitimacy For A Global Legal Order, Yves Dezalay, Bryant G. Garth

Fordham Law Review

No abstract provided.


Fordham Lawyer, No. 2 - Spring 2012, Fordham Law Alumni Association, Fordham Law School Apr 2012

Fordham Lawyer, No. 2 - Spring 2012, 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.


Advancing Transgender Civil Rights And Equality In New York: The Need For Genda, New York Civil Liberties Union, Lincoln Square Legal Services, Inc. Jan 2012

Advancing Transgender Civil Rights And Equality In New York: The Need For Genda, New York Civil Liberties Union, Lincoln Square Legal Services, Inc.

Policy and Legislative Advocacy Clinic

Currently, no statewide law in New York explicitly prohibits discrimination against people whose appearance or identity does not conform to gender stereotypes. This means that people who are fired from their jobs, denied housing and services, and mistreated in the workplace, in stores and in restaurants merely because of their appearance or gender identity do not have clear legal protection. The Gender Expression Non-Discrimination Act (GENDA) would fix this problem by adding gender identity and gender expression to the categories currently included in New York State’s antidiscrimination laws, such as sex, sexual orientation, race, religion and disability. This report explains …


Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney Jan 2012

Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney

Fordham Urban Law Journal

No abstract provided.


Why The Law Needs Music: Revisiting Naacp V. Button Through The Songs Of Bob Dylan, Renee Newman Knake Jan 2012

Why The Law Needs Music: Revisiting Naacp V. Button Through The Songs Of Bob Dylan, Renee Newman Knake

Fordham Urban Law Journal

The law needs music, a truth revealed by revisiting the United States Supreme Court’s opinion in NAACP v. Button through the songs of Bob Dylan and the play Music History. This Essay proceeds in three parts. Part I opens with a summary of the Court’s decision in NAACP v. Button, focusing particularly on the expanded understanding of First Amendment rights related to access to the law that flow from this legal opinion. Part II explains the inspiration for this Essay, Seaton’s play Music History, which reveals the influence of music on law and culture during the civil rights movement. Part …


Making Good Lawyers, Eli Wald, Russell G. Pearce Jan 2012

Making Good Lawyers, Eli Wald, Russell G. Pearce

Faculty Scholarship

Today, the criticism of law schools has become an industry. Detractors argue that legal education fails to effectively prepare students for the practice of law, that it is too theoretical and detached from the profession, that it dehumanizes and alienates students, too expensive and inapt in helping students develop a sense of professional identity, professional values, and professionalism. In this sea of criticisms it is hard to see the forest from the trees. “There is so much wrong with legal education today,” writes one commentator, “that it is hard to know where to begin.” This article argues that any reform …


Colloquium: Globalization And The Legal Profession: Foreword, Bruce A. Green Jan 2012

Colloquium: Globalization And The Legal Profession: Foreword, Bruce A. Green

Fordham Law Review

No abstract provided.


Adopting Regulatory Objectives For The Legal Profession, Laurel S. Terry, Steve Mark, Tahlia Gordon Jan 2012

Adopting Regulatory Objectives For The Legal Profession, Laurel S. Terry, Steve Mark, Tahlia Gordon

Fordham Law Review

No abstract provided.


Between Semiotic Democracy And Disobedience: Two Views Of Branding, Culture And Intellectualproperty, Sonia K. Katyal Jan 2012

Between Semiotic Democracy And Disobedience: Two Views Of Branding, Culture And Intellectualproperty, Sonia K. Katyal

Faculty Scholarship

Even though most scholars and judges treat intellectual property law as a predominantly content-neutral phenomenon, trademark law contains a statutory provision, section 2(a), that provides for the cancellation of marks that are “disparaging,” “immoral,” or “scandalous.” This provision has raised intrinsically powerful constitutional concerns, which invariably affect two central metaphors that are at war within trademark law: the marketplace of goods, which premises itself on the fixedness of intellectual properties, and the marketplace of ideas, which is premised on the very fluidity of language itself. Since the architecture of trademark law focuses only on how marks communicate information about a …


Poverty Law 101: The Law And History Of The U.S. Welfare State, Karen M. Tani Jan 2012

Poverty Law 101: The Law And History Of The U.S. Welfare State, Karen M. Tani

Fordham Urban Law Journal

Poverty law will remain marginalized so long as we confine it to a population that we and our students understand as marginal. Tani discusses Professor Wax’s characterization of the “old welfare law framework,” as well as her account of what happened to it, and would not advocate a return to a court-centered, advocacy-oriented approach.


Creatively Financed Legal Education In A Marketized Environment: How Faculty Leveraged Buyouts Can Maximize Law Schools’ Stakeholder Values, David Groshoff Jan 2012

Creatively Financed Legal Education In A Marketized Environment: How Faculty Leveraged Buyouts Can Maximize Law Schools’ Stakeholder Values, David Groshoff

Fordham Journal of Corporate & Financial Law

“This [financial aid] money is not necessarily going to educate more students or to improve education. It’s a scholarship ultimately going into profits.”1


The New Section 1202 Tax-Free Business Sale: Congress Rewards Small Businesses That Survived The Great Recession, Beckett G. Cantley Jan 2012

The New Section 1202 Tax-Free Business Sale: Congress Rewards Small Businesses That Survived The Great Recession, Beckett G. Cantley

Fordham Journal of Corporate & Financial Law

On September 27, 2010, President Barack Obama signed the Creating Small Business Jobs Act of 2010 (“SBJA”) that contains a temporary amendment to Internal Revenue Code (“IRC”) § 1202. The amendment permits original shareholders of eligible corporation stock to sell the stock without being taxed on the sale. The temporary amendment initially only applied to certain stock acquired after the enactment of the SBJA and before January 1, 2011, but the amendment was extended on December 17, 2010 for another year ending January 1, 2012. With the impending sunset of the 15% capital gains rate at the end of 2012, …


Hybrid Entities: Distributing Profits With A Purpose, Heather Sertial Jan 2012

Hybrid Entities: Distributing Profits With A Purpose, Heather Sertial

Fordham Journal of Corporate & Financial Law

This Note elaborates on the introduction of a new legal structure for organizations known as the “hybrid entity.” A hybrid encompasses aspects of both the for-profit model, to generate revenue; as well as the nonprofit model, to distribute funds to a community in need. The objective of this Note is to offer a structural guide to entrepreneurs who are interested in this new model. This Note first examines the limitations of for-profits that would like to contribute to social goals, as well as the limitations of nonprofits that wish to increase their revenues. This Note then discusses two current statutory …


A Fresh Start For The Charter Fundamental Questions On The Application Of The European Charter Of Fundamental Rights, Thomas Van Danwitz, Katherina Paraschas Jan 2012

A Fresh Start For The Charter Fundamental Questions On The Application Of The European Charter Of Fundamental Rights, Thomas Van Danwitz, Katherina Paraschas

Fordham International Law Journal

No abstract provided.


Rethinking Lawyer Regulation: How A Relational Approach Would Improve Professional Rules And Roles, Russell G. Pearce, Eli G. Wald Jan 2012

Rethinking Lawyer Regulation: How A Relational Approach Would Improve Professional Rules And Roles, Russell G. Pearce, Eli G. Wald

Faculty Scholarship

This Article offers both a way to understand emerging developments in the regulation of the legal profession in the United States and internationally, and an explanation for why these developments grounded in a relational perspective on lawyers and their work are likely to be more effective in encouraging lawyers to follow the legal ethics rules and to fulfill professional aspirations. The dominant United States approach to lawyer regulation is the command and control model that penalizes lawyers for failing to follow a lengthy set of prescribed rules. As the article explains, this approach assumes – and reinforces the idea – …


The Virtue Of Low Barriers To Becoming A Lawyer: Promoting Liberal And Democratic Values [With Sinna Nasseri], Russell G. Pearce, Sinna Nasseri Jan 2012

The Virtue Of Low Barriers To Becoming A Lawyer: Promoting Liberal And Democratic Values [With Sinna Nasseri], Russell G. Pearce, Sinna Nasseri

Faculty Scholarship

This article offers a new perspective on how to determine whether barriers to practicing law are appropriate. It identifies a connection between those barriers and the role of legal services providers (‘lawyers’) in permitting individuals to obtain their basic political and economic rights in a liberal democracy. Democratic values require making legal services as equally available as possible to all citizens, while liberal values dictate that each individual has access in order to enforce human rights, compete in a market economy, and engage in a legal system grounded in the rule of law. Liberal and democratic values therefore require the …


The Influence Of Rudolf Von Jhering On Karl Llewellyn, Julie E. Grise, Martin Gelter, Robert Whitman Jan 2012

The Influence Of Rudolf Von Jhering On Karl Llewellyn, Julie E. Grise, Martin Gelter, Robert Whitman

Faculty Scholarship

No abstract provided.


The Flood Of U.S. Lawyers: Natural Fluctuation Or Professional Climate Change?, Bruce A. Green Jan 2012

The Flood Of U.S. Lawyers: Natural Fluctuation Or Professional Climate Change?, Bruce A. Green

Faculty Scholarship

This paper considers how US courts, which regulate the US legal profession, should respond to the perceived excess of lawyers (i.e. to the lack of adequate employment opportunities for lawyers). It begins by summarizing the courts’ regulatory role. It then situates the contemporary flood-of-lawyers problem in the unavailability of well-paid legal work, not in the absence of a need for lawyers’ services: many people need lawyers, but they cannot afford them. Next, the paper explores whether the problem is simply a product of natural economic fluctuation which will be solved naturally, particularly if potential law school applicants become better informed, …


Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel S. Terry, Steve Mark, Tahlia Gordon Jan 2012

Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel S. Terry, Steve Mark, Tahlia Gordon

Fordham Law Review

No abstract provided.


Party Foul: The Fourth Circuit's Improper Application Of The Commercial Speech Test Ineducational Media Co. At Virginia Tech, Inc. V. Swecker, Michelle Silva Fernandes Dec 2011

Party Foul: The Fourth Circuit's Improper Application Of The Commercial Speech Test Ineducational Media Co. At Virginia Tech, Inc. V. Swecker, Michelle Silva Fernandes

Fordham Law Review

The pervasive culture of underage and excessive drinking on college campuses has led to numerous federal and state regulatory efforts to reduce drinking rates among college students. One such policy has been to restrict alcohol advertisements in college student publications, which implicates the First Amendment by limiting access to lawful commercial speech. Although the Supreme Court has developed a four-part balancing test to determine the validity of commercial speech restrictions, the Court has not articulated the level of proof required for assessing the validity of restrictions on alcohol advertisements in college student publications. This Note focuses on the degree of …