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The Lawyer's Role In A Contemporary Democracy, Foreword, Bruce A. Green Jan 2009

The Lawyer's Role In A Contemporary Democracy, Foreword, Bruce A. Green

Fordham Law Review

No abstract provided.


The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Lawyering Loyalties: Speech Rights And Duties Within Twenty-First-Century New Governance, Orly Lobel Jan 2009

The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Lawyering Loyalties: Speech Rights And Duties Within Twenty-First-Century New Governance, Orly Lobel

Fordham Law Review

No abstract provided.


The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Lawyers In Fragile Democracies And The Challenges Of Democratic Consolidation: The Nigerian Experience, Okechukwu Oko Jan 2009

The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Lawyers In Fragile Democracies And The Challenges Of Democratic Consolidation: The Nigerian Experience, Okechukwu Oko

Fordham Law Review

No abstract provided.


The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, The Challenge Of Democratic Lawyering, Ascanio Piomelli Jan 2009

The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, The Challenge Of Democratic Lawyering, Ascanio Piomelli

Fordham Law Review

No abstract provided.


The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, True Confessions About The Role Of Lawyers In A Democracy, Fred C. Zacharias Jan 2009

The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, True Confessions About The Role Of Lawyers In A Democracy, Fred C. Zacharias

Fordham Law Review

No abstract provided.


The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce Jan 2009

The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce

Fordham Law Review

No abstract provided.


The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Regulation Of Israeli Lawyers: From Professional Autonomy To Multi-Institutional Regulation, Neta Ziv Jan 2009

The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Regulation Of Israeli Lawyers: From Professional Autonomy To Multi-Institutional Regulation, Neta Ziv

Fordham Law Review

No abstract provided.


The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Lawyering At The Extremes: The Representation Of Tom Mooney, 1916-1939, Rebecca Roiphe Jan 2009

The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Lawyering At The Extremes: The Representation Of Tom Mooney, 1916-1939, Rebecca Roiphe

Fordham Law Review

No abstract provided.


The Robert L. Levine Distinguished Lecture, Deepening The Legal Profession's Pro Bono Commitment To The Immigrant Poor Jan 2009

The Robert L. Levine Distinguished Lecture, Deepening The Legal Profession's Pro Bono Commitment To The Immigrant Poor

Fordham Law Review

No abstract provided.


The Representational And Counseling Needs Of The Immigrant Poor, Jennifer L. Colyer, Sarah French Russell, Robert E. Juceam, Lewis J. Liman Jan 2009

The Representational And Counseling Needs Of The Immigrant Poor, Jennifer L. Colyer, Sarah French Russell, Robert E. Juceam, Lewis J. Liman

Fordham Law Review

No abstract provided.


The Immigration Representation Project: Meeting The Critical Needs Of Low-Wage And Indigent New Yorkers Facing Removal, Joho Annobil Jan 2009

The Immigration Representation Project: Meeting The Critical Needs Of Low-Wage And Indigent New Yorkers Facing Removal, Joho Annobil

Fordham Law Review

No abstract provided.


A View From The Immigration Bench, Noel Brennan Jan 2009

A View From The Immigration Bench, Noel Brennan

Fordham Law Review

No abstract provided.


The Public Value Of Settlement, Samuel Issacharoff, Robert H. Klonoff Jan 2009

The Public Value Of Settlement, Samuel Issacharoff, Robert H. Klonoff

Fordham Law Review

No abstract provided.


Labor's Wage War, Catherine K. Ruckelshaus Jan 2008

Labor's Wage War, Catherine K. Ruckelshaus

Fordham Urban Law Journal

MISSING


Adr And Litigation Involving Social Problems, Steven Banks Jan 2008

Adr And Litigation Involving Social Problems, Steven Banks

Fordham Urban Law Journal

This Article addresses remarks of the Corporation Counsel of the City of New York, Michael Cardozo, regarding the use of ADR in legal disputes involving municipal government. It also highlights the special responsibilities of class counsel in the ADR context in class action litigation on behalf of vulnerable families and individuals. Specifically, the Article addresses ADR resolutions in Sheppard v. Phoenix, No. 91 Civ. 4148(RPP), 1998 WL 397846 (S.D.N.Y. July 16, 1998), Marisol v. Giuliani, 185 F.R.D. 152 (S.D.N.Y. 1992), and McCain v. Dinkins, 84 N.Y.2d 216 (1994). The Article concludes with a discussion of ADR in the context of …


The Attorney-Client Privilege Protection Act: The Prospect Of Congressional Intervention Into The Department Of Justice's Corporate Charging Policy, Andrew Gilman Jan 2008

The Attorney-Client Privilege Protection Act: The Prospect Of Congressional Intervention Into The Department Of Justice's Corporate Charging Policy, Andrew Gilman

Fordham Urban Law Journal

This Note analyzes the Privilege Protection Act, focusing on how it might change corporate white-collar prosecutions. Part I of this Note explores the mechanics of the corporate privilege, the development of the DOJ's waiver policy, and the structure of the Privilege Protection Act. Part II addresses the conflicting views on whether the Privilege Protection Act will bolster corporate attorney-client privilege, provide for the effective and efficient prosecution of white-collar crime, and promote ethical prosecutorial practices. Finally, Part III argues that the Privilege Protection Act is a misguided attempt to correct a greater systemic problem with the corporate attorney-client privilege and …


The European Union And New Leading Powers: Towards Partnership In Strategic Trade Policy Areas, Dr. Rafael Leal-Arcas Jan 2008

The European Union And New Leading Powers: Towards Partnership In Strategic Trade Policy Areas, Dr. Rafael Leal-Arcas

Fordham International Law Journal

This Article aims at understanding the potential of partnerships of the European Union (‘EU‘) with emergent global actors (the so-called new leading powers (‘NLPs‘) or ‘BRIC countries‘), focusing on international trade law and policy. Although the power base of these actors (Brazil, Russia, India, and China--the BRIC countries) is their respective region (South America for the case of Brazil, Eastern Europe for Russia, the Subcontinent for India, and the Far East for China), there may be specific policy areas in which their influence might be global. With this in mind, the Article raises interesting questions: Is the EU an attractive …


When Chinese Criminal Defense Lawyers Become The Criminals, Yanfei Ran Jan 2008

When Chinese Criminal Defense Lawyers Become The Criminals, Yanfei Ran

Fordham International Law Journal

This Article tries to find some practical resolutions for the problematic situation of Chinese defense lawyers. Part I introduces how Chinese laws and regulations provide legal protection for criminal defendants and their defense lawyers, and compares Chinese laws with well-established international standards. Part II focuses on examples of the problems and difficulties faced by Chinese lawyers in their defense work. Part III specifically discusses criminal charges that lawyers face in their practice. Part IV argues that the long-awaited new Chinese Lawyers Law cannot solve all of the problems or wipe away all obstacles they face. Rather, solving those problems requires …


The Intersection Of 42 U.S.C. § 1983 And The Individuals With Disabilities Education Act, Suzanne Solomon Jan 2008

The Intersection Of 42 U.S.C. § 1983 And The Individuals With Disabilities Education Act, Suzanne Solomon

Fordham Law Review

This Note reviews the history, structure, and purpose of 42 U.S.C. § 1983 and the Individuals with Disabilities Education Act (IDEA). It then describes how the two statutes intersect and interact. Next, this Note examines the existing split in the U.S. Courts of Appeals regarding the availability of § 1983 as a remedy for violations of the IDEA. This Note ultimately contends that Congress intended § 1983 suits to prevail under the IDEA and argues that school districts will be deterred from violating the statute's provisions if such suits are allowed to proceed.


Does Medellin Matter?, Janet Koven Levit Jan 2008

Does Medellin Matter?, Janet Koven Levit

Fordham Law Review

No abstract provided.


Ethics In The Multijurisdictional Practice Of Admiralty Lawyers, Michael Marks Cohen Jan 2008

Ethics In The Multijurisdictional Practice Of Admiralty Lawyers, Michael Marks Cohen

Fordham International Law Journal

In June 2002 the Commission on Multijurisdictional Practice of the American Bar Association (“ABA”) issued a report which covered a wide range of subjects including state judicial regulation and discipline of lawyers, the special problems of large firms moving lawyers around to work in branch offices, the use of in-house counsel not licensed in the state where they work, the particular problems of federal government and military lawyers practicing as part of their official duties in states where they are not licensed, as well as model rules for admission to practice on motion, for licensing of foreign legal consultants, and …


Some Realism About Bar Associations, Elizabeth Chambliss, Bruce A. Green Jan 2008

Some Realism About Bar Associations, Elizabeth Chambliss, Bruce A. Green

Faculty Scholarship

No abstract provided.


Finding The Synergy Between Law And Organizing: Experiences From The Streets Of Los Angeles, Victor Narro Jan 2008

Finding The Synergy Between Law And Organizing: Experiences From The Streets Of Los Angeles, Victor Narro

Fordham Urban Law Journal

MISSING


Binational Guestworker Unions: Moving Guestworkers Into The House Of Labor, Jennifer Hill Jan 2008

Binational Guestworker Unions: Moving Guestworkers Into The House Of Labor, Jennifer Hill

Fordham Urban Law Journal

MISSING


No Scrutiny Whatsoever: Deconstitutionalization Of Poverty Law, Dual Rules Of Law, & Dialogic Default, Julie Nice Jan 2008

No Scrutiny Whatsoever: Deconstitutionalization Of Poverty Law, Dual Rules Of Law, & Dialogic Default, Julie Nice

Fordham Urban Law Journal

No abstract provided.


Hazelwood V. Kuhlmeier And The University: Why The High School Standard Is Here To Stay, Christopher N. Lavigne Jan 2008

Hazelwood V. Kuhlmeier And The University: Why The High School Standard Is Here To Stay, Christopher N. Lavigne

Fordham Urban Law Journal

In Hazelwood School District v. Kuhlmeier, the Supreme Court evaluated the administrative control of a high school newspaper and held that public school officials could control speech in school-sponsored activities if they did so for legitimate pedagogical reasons. While the Court reserved the question of whether this standard should be applicable at the university level, various federal circuit courts have since applied this speech-restrictive standard to student speech at colleges and universities. In light of these circuit court opinions, there has been considerable debate about whether and to what extent the Hazelwood framework should apply to college and university students. …


A Proposal For Protecting Executive Communications With Corporate Counsel After Corporate Client Has Waived Its Attorney-Client Privilege , John W. Gergacz Jan 2008

A Proposal For Protecting Executive Communications With Corporate Counsel After Corporate Client Has Waived Its Attorney-Client Privilege , John W. Gergacz

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Progress Of Women Lawyers At Big Firms: Steadied Or Simply Studied?, Judith S. Kaye, Anne C. Reddy Jan 2008

The Progress Of Women Lawyers At Big Firms: Steadied Or Simply Studied?, Judith S. Kaye, Anne C. Reddy

Fordham Law Review

In the twenty years since now-Chief Judge Judith S. Kaye published her essay on women lawyers in big firms, interest in the subject has mushroomed, as the profession continues to grapple with issues of gender equity. This update reflects voluminous new literature and looks behind the statistics to find fresh efforts and pathways to solutions that can benefit women as well as the profession generally.


Revisiting The Legal Standards That Govern Requests To Sterilize Profoundly Incompetent Children: In Light Of The "Ashley Treatment," Is A New Standard Appropriate?, Christine Ryan Jan 2008

Revisiting The Legal Standards That Govern Requests To Sterilize Profoundly Incompetent Children: In Light Of The "Ashley Treatment," Is A New Standard Appropriate?, Christine Ryan

Fordham Law Review

This Note discusses the recent controversy surrounding a six-year-old girl named Ashley, whose parents chose to purposefully stunt her growth and remove her reproductive organs for nonmedical reasons. A federal investigation determined that Ashley’s rights had been violated because doctors performed the procedure, now referred to as the “Ashley Treatment,” without first obtaining a court order. However, the investigation did not make any conclusions regarding whether the “Ashley Treatment” could present a legally permissible treatment option in the future. After discussing the constitutional rights that the “Ashley Treatment” implicates and the current legal standards in place, this Note examines how …


English Reforms To Judicial Selection: Comparative Lessons For American States? , Judith L. Maute Jan 2007

English Reforms To Judicial Selection: Comparative Lessons For American States? , Judith L. Maute

Fordham Urban Law Journal

This article offers a brief comparative look at American and British jurisprudential pending selection reforms, and argues that American states could improve their appointive systems by incorporating modern personnel recruitment and hiring practices. To restore public confidence in the courts, people must believe that judges exercise legitimate authority, undistorted by personal or partisan preferences. Beyond changes to the structural selection process in the Constitutional Reform Act, the extended conversations are bringing about foundational cultural shifts in the role of judges and their manner of selection. We could learn much from Britain’s modernized appointive system that aims to be open, transparent, …