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Articles 721 - 750 of 1523
Full-Text Articles in Entire DC Network
Slicing Through The Great Legal Gordian Knot: Ways To Assist Pro Se Litigants In Their Quest For Justice, Shon R. Hopwood
Slicing Through The Great Legal Gordian Knot: Ways To Assist Pro Se Litigants In Their Quest For Justice, Shon R. Hopwood
Fordham Law Review
No abstract provided.
Foreword: Root Causes Of The Pro Se Prisoner Litigation Crisis, Michael W. Martin
Foreword: Root Causes Of The Pro Se Prisoner Litigation Crisis, Michael W. Martin
Fordham Law Review
No abstract provided.
The Responsibilities Of Lead Lawyers And Judges In Multidistrict Litigation , Charles Silver
The Responsibilities Of Lead Lawyers And Judges In Multidistrict Litigation , Charles Silver
Fordham Law Review
No abstract provided.
Taking The Business Out Of Work Product, Michele Destefano Beardslee
Taking The Business Out Of Work Product, Michele Destefano Beardslee
Fordham Law Review
No abstract provided.
Fiduciaries And Fees: Preliminary Thoughts, Lynn A. Baker, Charles Silver
Fiduciaries And Fees: Preliminary Thoughts, Lynn A. Baker, Charles Silver
Fordham Law Review
No abstract provided.
The Unforeseen Costs Of Going To Trial: The Vitality Of 212(C) Relief For Lawful Permanent Residents Convicted By Trial, Mark J. Difiore
The Unforeseen Costs Of Going To Trial: The Vitality Of 212(C) Relief For Lawful Permanent Residents Convicted By Trial, Mark J. Difiore
Fordham Law Review
Before 1996, a Lawful Permanent Resident (LPR) who was made deportable by a criminal conviction could apply for discretionary relief from deportation under section 212(c) of the Immigration and Nationality Act. This relief, commonly known as "212(c) relief," was repealed in 1996. In 2001, the Supreme Court confronted the issue of whether an LPR with a pre-1996 deportable conviction could apply for 212(c) relief in his later post-repeal removal proceedings. The Court decided that an LPR who pleaded guilty to his pre-1996 conviction could still apply for 212(c) relief following the 1996 repeal. The status of those LPRs who were …
Justice For All: Improving The Lok Adalat System In India, Tameem Zainulbhai
Justice For All: Improving The Lok Adalat System In India, Tameem Zainulbhai
Fordham International Law Journal
No abstract provided.
The Statutory Disorganization Of The Inferior Courts Of New York City , James Randall Creel
The Statutory Disorganization Of The Inferior Courts Of New York City , James Randall Creel
Fordham Law Review
No abstract provided.
Hats Off To Claire Flom: Education And The Importance Of Being Involved , Judith S. Kaye
Hats Off To Claire Flom: Education And The Importance Of Being Involved , Judith S. Kaye
Fordham Urban Law Journal
This transcript of the Claire Flom lecture covers primarily two themes—the importance of early intervention, and the importance of people getting involved with the public school system and in their children - and other children's education The lecture applies these concepts first to children with special education needs and then to adolescents, kids at the brink of adulthood. The article argues that early intervening early is key to both populations and that neglected learning difficulties only worsen with the passage of time.
Can The Enlarged European Union Continue To Be That United, Giorgio Maganza
Can The Enlarged European Union Continue To Be That United, Giorgio Maganza
Fordham International Law Journal
Although a tribute to Jean-Claude Piris could easily stretch through the whole spectrum of European Union law-which broadened in part thanks to his active contribution over the twenty-year term when he served as Legal Adviser to the Council of the European Union, the European Council, and several intergovernmental conferences for the reform of the treaties-it is appropriate to devote the following lines to the theme of institutional strengthening, which always attracted his consideration and thinking and to which he contributed some illuminating and forward-looking writings; and it is tempting to do so in the light of a specific feature that …
The European Union And The Treaty Of Lisbon, Roger J. Goebel
The European Union And The Treaty Of Lisbon, Roger J. Goebel
Fordham International Law Journal
With this cursory description of the European Council prior to the Treaty of Lisbon, this Essay turns to the major changes produced by that treaty. Space considerations require a limited focus. Part I discusses the impact of the European Council's new status as one of the institutions of the European Union ("EU"). Part II considers its designated power to take by qualified majority vote many important legally-binding decisions. Part III reviews two of its major roles: deciding when the Treaties should be amended and setting the procedure for amendment, and determining the timing and terms of accession of candidate nations. …
Cartels In The European Union: Procedural Fairness For Defendants And Claimants, David Anderson, Rachel Cuff
Cartels In The European Union: Procedural Fairness For Defendants And Claimants, David Anderson, Rachel Cuff
Fordham International Law Journal
This Essay will explore the issues and concerns from both the defendant and plaintiff angle, and from the micro to the macro level. Above all, it hopes to suggest ways in which the EU systems might be improved to increase fairness and access to justice for both sides. The first three Parts of this Essay consider the issues from the point of view of defendants in cartel investigations. Part I looks at concerns regarding the procedural detail of the investigative process, and in particular the increasing impact of human rights arguments. Part II steps back to focus on more over-arching …
The Contradictory Overlapping Of National, Eu, Bilateral, And The Multilateral Rules On Foreign Direct Investment: Who Is Guilty Of Such A Mess, Ramon Torrent
Fordham International Law Journal
This intends to be a very empirical Essay. It lets the facts (legal facts, but facts nevertheless) speak for themselves. Part I of this Essay first examines the not granting of national treatment by European Union ("EU")-and EU Member States'-law to companies controlled by third-country nationals or other companies. Part II shows that bilateral investment treaties ("BITs") concluded by EU Member States do grant such national treatment horizontally and without any sectorial exception (contrary to US BITs that do include a list of exceptions, as shown in Part III). Part IV explains why BITs (not only EU Member States' BITs, …
Uk V. Eu: A Continuous Test Match, Julian J.E. Schutte
Uk V. Eu: A Continuous Test Match, Julian J.E. Schutte
Fordham International Law Journal
This Essay seeks to expose the complexity of the relationship between the United Kingdom (and Ireland, but the main focus will be the UK) and the European Union that resulted from the concessions made to the UK when the treaties of Amsterdam and Lisbon were negotiated: a right not to participate in the adoption and application of EU legislative measures in the field of Justice and Home Affairs ("JHA"), and the right to decide on a case-by-case basis to opt into such measures, following procedures reminiscent of the sophisticated rules of cricket. These concessions were made to allow the UK …
Financial Stability Is A Volume Business: A Comment On 'The Legal Infrastructure Of Ex Post Consumer Debtor Protections', Anna Gelpern
Financial Stability Is A Volume Business: A Comment On 'The Legal Infrastructure Of Ex Post Consumer Debtor Protections', Anna Gelpern
Fordham Urban Law Journal
In this response to Professor Melissa B. Jacoby's "The Legal Infrastructure of Ex Post Consumer Debtor Protections," the author expands the scope of the household debt discussion beyond the consumer level and examines the effect that a fragmented infrastructure for legal service delivery can have on financial stability nationwide.
Concealing Danger: How The Regulation Of Cosmetics In The United States Puts Consumers At Risk, Rajiv Shah, Kelly E. Taylor
Concealing Danger: How The Regulation Of Cosmetics In The United States Puts Consumers At Risk, Rajiv Shah, Kelly E. Taylor
Fordham Environmental Law Review
No abstract provided.
Introduction: A Tribute To Jean-Claude Piris, Director-General Of The Legal Service Of The Council Of The European Union, Roger J. Goebel
Introduction: A Tribute To Jean-Claude Piris, Director-General Of The Legal Service Of The Council Of The European Union, Roger J. Goebel
Fordham International Law Journal
On the occasion of his retirement, the Fordham International Law Journal is dedicating this issue on topics concerning European Union law to Jean-Claude Piris, who brilliantly served as Director-General of the Legal Service of the Council for the last twenty-three years. The Legal Service, currently composed of around 120 lawyers, not only provides legal advice to the Council itself and all of its supporting committees and staff, but also reviews all draft legislation and other legal acts of the European Union and represents the Council in proceedings before the Court of Justice of the European Union.
The Treaty Of Lisbon: A Story In History Or The Making Of A Treaty, Therese Blanchet
The Treaty Of Lisbon: A Story In History Or The Making Of A Treaty, Therese Blanchet
Fordham International Law Journal
And like all stories there are of course the main characters, the public heroes, and, around them, those who help them find a happy ending. The story in this Essay is written in honor of one of the characters who played a key role in achieving the Treaty of Lisbon: Jean-Claude Piris, who was for more than twenty two years, Director General of the Legal Service of the Council of the EU. But to understand this story, to understand the reasons behind it, one should know its roots.
Witchcraft Accusations And Human Rights: Case Studies From Malawi, Chi Adanna Mgbako, Katherine Glenn
Witchcraft Accusations And Human Rights: Case Studies From Malawi, Chi Adanna Mgbako, Katherine Glenn
Faculty Scholarship
This Article explores potential community-based interventions to assist victims of witchcraft accusations, based on forty-five case studies from an experimental mobile legal-aid clinic in Malawi, a country in southeastern Africa where witchcraft accusations are widespread and often irreparably harm those accused. In Malawi, the accused are mainly older women who are often blamed for bewitching young children.
Legal Ethics Scholarship Of Ted Schneyer: The Importance Of Being Rigorous, The Festschrift For Ted Schneyer Lawyer Regulation For The 21st Century: Foreword, Bruce A. Green
Faculty Scholarship
This collection on "Lawyer Regulation for the 21st Century" celebrates Ted Schneyer's legal ethics scholarship. From my perspective as Ted's friend and colleague in the field of legal ethics, it is obvious how richly he deserves this festschrift, and it is my privilege to be invited to contribute its foreword. But to someone outside the field, many questions might be raised. Why celebrate legal scholarship? Why celebrate legal ethics scholarship? Why celebrate Ted Schneyer's legal ethics scholarship? And why celebrate it by collecting writings on the theme of Lawyer Regulation for the 21st Century? Though I have no desire to …
The Need For A National Civil Justice Survey Of Incidence And Claiming Behavior, Theodore Eisenberg
The Need For A National Civil Justice Survey Of Incidence And Claiming Behavior, Theodore Eisenberg
Fordham Urban Law Journal
Civil justice issues – family law issues such as divorce and child custody, consumer victimization issues raised by questionable trade practices, and tort issues raised by surprisingly high estimated rates of medical malpractice, questionable prescription drug practices, and other behaviors – are part of the fabric of daily life. Yet we lack systematic quantitative knowledge about the primary events in daily life that generate civil justice issues. This paper explores the desirability of, and issues related to, creating a national civil justice survey (NCJS) analogous to the National Crime Victimization Survey. The need for information about civil justice issues and …
Connecting Self-Representation To Civil Gideon: What Existing Data Reveal About When Counsel Is Most Needed, Russell Engler
Connecting Self-Representation To Civil Gideon: What Existing Data Reveal About When Counsel Is Most Needed, Russell Engler
Fordham Urban Law Journal
Over the past decade, the phenomenon of self-representation in civil cases has led to the development of programs designed to facilitate self-representation. A revitalized movement seeking to establish a civil right to counsel has emerged (civil Gideon, a civil right to counsel based on Gideon v. Wainwright), pressing for the expansion of the availability of counsel for the poor. What are the scenarios in which full representation by counsel is most needed? Part of this question involves policy choices as to the importance of what is at stake in the proceeding. Part of this question, however, is a research question: …
Higher Demand, Lower Supply? A Comparative Assessment Of The Legal Resource Landscape For Ordinary Americans, Gillian K. Hadfield
Higher Demand, Lower Supply? A Comparative Assessment Of The Legal Resource Landscape For Ordinary Americans, Gillian K. Hadfield
Fordham Urban Law Journal
Systematic efforts to assess the legal landscape for the ordinary citizen - what legal services cost and what fraction of that cost is for real value - have been few and far between. Most studies focus instead on the performance of the legal system for corporate clients or on the delivery of legal services to the poor as a form of charity or welfare assistance. This article reviews and compares the few existing legal needs studies and looks for the macro indicators of the extent to which resources across the economy as a whole are devoted to providing legal inputs …
The Challenges Of Calculating The Benefits Of Providing Access To Legal Services, J.J. Prescott
The Challenges Of Calculating The Benefits Of Providing Access To Legal Services, J.J. Prescott
Fordham Urban Law Journal
This essay explores how policymakers and other public-interested actors have empirically calculated the benefits of providing low-income access to legal services in the past, and how they might improve upon existing methods going forward. The author reviews, criticizes, and tries to build on two major civil justice needs studies, one published by the Legal Services Corporation in 2005 and the other by the American Bar Association in 1994. The author also briefly criticizes assertions that the public provision f services is necessarily counterproductive.
If We Don't Get Civil Gideon: Trying To Make The Best Of The Civil-Justice Market, Thomas D. Rowe Jr.
If We Don't Get Civil Gideon: Trying To Make The Best Of The Civil-Justice Market, Thomas D. Rowe Jr.
Fordham Urban Law Journal
This article considers what market-oriented or market-regulation approaches might be most practical and helpful in trying to satisfy unmet civil legal-service needs and how much it appears that such approaches may be able to succeed in doing so.
Lawyerless Dispute Resolution: Rethinking A Paradigm, Jean R. Sternlight
Lawyerless Dispute Resolution: Rethinking A Paradigm, Jean R. Sternlight
Fordham Urban Law Journal
This Article suggests that our failure to focus on the possible need for representation in mediation and arbitration is fundamentally misguided. Although legal representation is no doubt more important in some contexts than others, it is wrong to make the binary assumption that legal representation is always more important in litigation than in ADR processes; legal representation may often be critically important in ADR processes. Because many disputes will be finally resolved in ADR and because legal representation can be equally or even more important in ADR than in litigation, we need to focus simultaneously on improving representation in both …
Cracks On The Wall: Why States Should Be Allowed To Lead On Climate Change, William R. Montalvo
Cracks On The Wall: Why States Should Be Allowed To Lead On Climate Change, William R. Montalvo
Fordham Environmental Law Review
No abstract provided.
Equality Before The Law And The Social Contract: When Will The United States Finally Guarantee Its People The Equality Before The Law That The Social Contract Demands?, Earl Johnson, Jr.
Equality Before The Law And The Social Contract: When Will The United States Finally Guarantee Its People The Equality Before The Law That The Social Contract Demands?, Earl Johnson, Jr.
Fordham Urban Law Journal
Most European and several countries elsewhere in the world have recognized a right to counsel in many or most civil cases for as long as decades or even centuries - and many of these countries are willing to spend, proportionately, anywhere from three to twelve times as much of their national income as the U.S. currently does on the provision of counsel to their lower income populations in civil cases. This Article examines how courts around the world have interpreted the constitutional provisions emanating from the theory that underpins the right to equality before the law and why these decisions …
Judge Or Jury? Determining Deception Or Misrepresentation Under The Fair Debt Collection Practices Act, Christian Stueben
Judge Or Jury? Determining Deception Or Misrepresentation Under The Fair Debt Collection Practices Act, Christian Stueben
Fordham Law Review
This Note explores the conflict among the federal circuit courts as to whether a judge or jury should decide if the language contained in a collection letter is false, misleading, or deceptive to the least sophisticated consumer under the Fair Debt Collection Practices Act (FDCPA). Some circuits, such as the Second and Ninth Circuits, hold that this issue is a question of law, appropriate for the judge to decide. In contrast, the Seventh Circuit finds this to be a question of fact, and requires the plaintiff to submit extrinsic evidence in the form of professional surveys in order to reach …
Using Disparate Impact Analysis In Fair Housing Act Claims: Landlord Withdrawal From The Section 8 Voucher Program, Rebecca Tracy Rotem
Using Disparate Impact Analysis In Fair Housing Act Claims: Landlord Withdrawal From The Section 8 Voucher Program, Rebecca Tracy Rotem
Fordham Law Review
The Fair Housing Act (FHA) outlaws discrimination in housing based on race, color, religion, national origin, and sex. A plaintiff can win an FHA claim using a disparate impact theory by showing that the defendant’s actions had a disproportionately adverse impact on a protected class. This Note will address a circuit court split on whether a landlord can be held liable for discrimination under the FHA for withdrawing from the Section 8 voucher program. Section 8 is a government program that provides low-income citizens with vouchers to pay a portion of their rent. Many voucher recipients are minorities or persons …