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Articles 811 - 840 of 1523
Full-Text Articles in Entire DC Network
Poverty Law And Civil Procedure: Rethinking The First-Year Course, Helen Hershkoff
Poverty Law And Civil Procedure: Rethinking The First-Year Course, Helen Hershkoff
Fordham Urban Law Journal
This Essay argues that poverty and inequality issues should be integrated into first-year civil procedure courses. It examines what framework could be achieved to examine these issues in a civil procedure context. And finally, it connects the author's proposed approach with the broader mission of legal education.
The Lisbon Compromise: A Synthesis Between Community Method And Union Acquis, Jacqueline Dutheil De La Rochère
The Lisbon Compromise: A Synthesis Between Community Method And Union Acquis, Jacqueline Dutheil De La Rochère
Fordham International Law Journal
Lisbon is a return to the community method: the word "Constitution" has disappeared along with the goal of drafting a self-sufficient document. A new treaty is proposed for ratification by Member States modifying on one side the Treaty on European Union ("TEU") and on the other side the Treaty establishing the European Community ("EC Treaty"); this last part of the modifying treaty is designated as the Treaty on the Functioning of the European Union ("TFEU"). Nothing has improved as regards clarity and simplification: the amendments cover 152 pages and prove very difficult to read in the absence of consolidation, not …
The Lisbon Treaty: A Brief Outline, Giorgio Maganza
The Lisbon Treaty: A Brief Outline, Giorgio Maganza
Fordham International Law Journal
The story of the Lisbon Treaty cannot be told--nor can a brief outline thereof be sketched--without going back to the Constitutional Treaty, which represents the background to the Lisbon Treaty and against which the Lisbon Treaty ought to be assessed. That is why the present outline will first refer to the Constitutional Treaty, before addressing the structure and the content of the Lisbon Treaty.
Fifty Years Of European Union Law: A Panel Of Present And Former Judges, Moderated By Roger Goebel, Francis Jacobs, Richard Lauwaars, John L. Murray, Lord Slynn Of Hadley
Fifty Years Of European Union Law: A Panel Of Present And Former Judges, Moderated By Roger Goebel, Francis Jacobs, Richard Lauwaars, John L. Murray, Lord Slynn Of Hadley
Fordham International Law Journal
We are very pleased, very honored, to end this conference, this academic workshop, with a panel of present and former judges, who have kindly agreed to talk informally and frankly about some interesting issues that concern the European Court of Justice. We have two judges who are current judges: John Murray, the Chief Justice of the Supreme Court of Ireland; and we have Richard Lauwaars, who is a member of the Dutch Council of State, the supreme administrative court. And then we have Francis Jacobs, who has recently retired as Advocate General at the Court of Justice after three terms …
Silver Threads Among The Gold . . . 50 Years Of The Free Movement Of Goods, Laurence W. Gormley
Silver Threads Among The Gold . . . 50 Years Of The Free Movement Of Goods, Laurence W. Gormley
Fordham International Law Journal
The European Community (“EC”) is 50 years old this year, albeit having undergone a change of name and, just to confuse everyone, the articles of the Treaty establishing the European Community (“EC Treaty”) underwent a change in numbering. If the Treaty of Lisbon comes into force, the European Community itself will disappear, being absorbed into the European Union (“EU”), and the present EC Treaty will become the Treaty on the Functioning of the European Union (“FEU”). It is thus appropriate that this issue of the Fordham International Law Journal be devoted to the Golden Anniversary of the European (Economic) Community, …
Re-Conceptualizing Poverty Law Clinical Curriculum And Legal Services Practice: The Need For Generalists, Jonel Newman
Re-Conceptualizing Poverty Law Clinical Curriculum And Legal Services Practice: The Need For Generalists, Jonel Newman
Fordham Urban Law Journal
This Essay argues that law schools should adopt a program for training more legal generalists, especially in the field of poverty law. Furthermore, poverty law clinics should be the vehicle used to train these generalists.
Appointing Judges The European Way, Mary L. Volcansek
Appointing Judges The European Way, Mary L. Volcansek
Fordham Urban Law Journal
This Article looks at methods of judicial selection in Europe as a way to contrast and perhaps better understand and improve the systems of judicial selection used in the United States. The article argues that in Europe, judicial independence is prized above and beyond any other possible positive trait. The democratic legitimacy of European judges derives from the intimate connection between democracy and the rule of law. Legitimacy does not attach, in the public eye, to a single political institution, but rather to the system as a whole.
A Home Of Its Own: The Role Of Poverty Law In Furthering Law Schools' Mission, Marie A. Fallinger
A Home Of Its Own: The Role Of Poverty Law In Furthering Law Schools' Mission, Marie A. Fallinger
Fordham Urban Law Journal
This essay argues that poverty law can and should be a part of the law school curriculum. If the law school believes it mission to be creating "1) lawyers as public citizens and leaders; 2) lawyers as skilled technicians of the law; 3) lawyers as skilled counselors; 4) lawyers as advocates on behalf of a cause in legal institutions; and 5) lawyers as transformational partners with the poor" then poverty law instruction is vital.
Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly Moran, Stephanie M. Wildman
Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly Moran, Stephanie M. Wildman
Fordham Urban Law Journal
This Article attempts to demonstrate that legal and racial disparities are taken into account in legal decisions and throughout the legal system, despite people's belief and hope that the law is color and wealth blind. Furthermore, this Article demonstrates that race has always affected U.S. law and the legal system. Finally, prominent examples of race-and-class-neutral law are not neutral at all, but include some inherent biases.
Poverty, Inequality, And Class In The Structural Constitutional Law Course, Stephen Loffredo
Poverty, Inequality, And Class In The Structural Constitutional Law Course, Stephen Loffredo
Fordham Urban Law Journal
This Article argues that poverty and income inequality issues should be taught in a constitutional law course. Furthermore, it argues that these issues should not only be considered when discussing due process, equal protection, the First Amendment, but in also within the context of structural constitutional law, i.e. separation of powers and federalism.
Community Development Clinics: What Does Poverty Have To Do With Them?, Alicia Alvarez
Community Development Clinics: What Does Poverty Have To Do With Them?, Alicia Alvarez
Fordham Urban Law Journal
This Essay argues that in a legal community development clinic, professors should "do more than teach students to be good transactional lawyers." Legal clinic professors should "focus their efforts on the elimination and reduction of poverty."
The Pendulum Swings Back: Poverty Law In The Old And New Curriculum, Martha Davis
The Pendulum Swings Back: Poverty Law In The Old And New Curriculum, Martha Davis
Fordham Urban Law Journal
This Essay seeks to answer the question "'What is Poverty Law'?" It does this in two parts. First, it examines the surge in property law courses in the 1960's and 70's and "the purpose these early courses were intended to serve." In the second section the Essay asks and the author asks "what the history suggests about poverty law in the law school curriculum today and in the future."
Protecting The New Face Of Entrepreneurship: Online Appropriate Dispute Resolution And International Consumer-To-Consumer Online Transactions, Ivonnely Colón-Fung
Protecting The New Face Of Entrepreneurship: Online Appropriate Dispute Resolution And International Consumer-To-Consumer Online Transactions, Ivonnely Colón-Fung
Fordham Journal of Corporate & Financial Law
No abstract provided.
We Will Still Live: Confronting Stigma And Discrimination Against Women Living With Hiv/Aids In Malawi, Chi Mgbako, Tracy E. Higgins, Jeanmarie Fenrich
We Will Still Live: Confronting Stigma And Discrimination Against Women Living With Hiv/Aids In Malawi, Chi Mgbako, Tracy E. Higgins, Jeanmarie Fenrich
Fordham International Law Journal
This report presents the findings of this research effort. Part I sets out Malawi's obligations under international and domestic law regarding the right of women living with HIV/AIDS to be free from discrimination and also explores non-binding international documents that provide guidance to governments in confronting discrimination against PLWHA. Part I then explores the ways in which lack of sexual autonomy, economic dependency, physical and sexual abuse, harmful traditional practices, commercial sex work, sexual exploitation of girls and young women, and conceptions of male sexuality increase women's vulnerability to HIV/AIDS in Malawi. Part II documents widespread community-level stigma against women …
Non-Horizontal Mergers: A European Perspective, Carles Esteva Mosso
Non-Horizontal Mergers: A European Perspective, Carles Esteva Mosso
Fordham International Law Journal
In the last few years, the assessment of non-horizontal mergers in the European Union (“EU”) has evolved considerably. There is now a consistent body of jurisprudence and administrative decisions on the assessment of vertical and conglomerate concentrations. The goal pursued is consumer welfare; the potential benefits of non-horizontal mergers are recognized and sound economic thinking is relied upon in identifying those instances where such mergers could lead to anti-competitive effects. Several developments have significantly contributed to this evolution. Two judgments of the European Courts have necessarily to be mentioned first: in 2004 the European Court of Justice (“ECJ”) established general …
The Market For Bad Legal Scholarship: William H. Simon's Experiment In Professional Regulation, The, Bruce A. Green
The Market For Bad Legal Scholarship: William H. Simon's Experiment In Professional Regulation, The, Bruce A. Green
Faculty Scholarship
William H. Simon is a highly regarded law professor and legal theorist whose principal subjects include the legal profession. Much of his scholarship challenges conventional professional norms and practices. His most recent article targets lawyers, especially law professors, who advise clients and serve as expert witnesses. His basic premise is that some clients do not seek lawyers' accurate, honest views but want their lawyers to ratify their proposed or past conduct regardless of its lawfulness, and that law professors and other lawyers sometimes satisfy this market by giving "bad legal advice." To discourage lawyers from doing so, and to minimize …
Rights As A Functional Guide For Service Provision In Homeless Advocacy Creating Healthy Communities: Ending Homelessness, Nestor M. Davidson
Rights As A Functional Guide For Service Provision In Homeless Advocacy Creating Healthy Communities: Ending Homelessness, Nestor M. Davidson
Faculty Scholarship
Rights-based approaches to advocacy on behalf of homeless persons have long sought to vindicate important dignitary, liberty, and equality interests, as well as establish to entitlements to housing, mental health, substance abuse, and other services. This advocacy has had some success in shaping the systems that define the interaction between homeless persons and the state. Rights paradigms, however, can be undermined by the day-to-day reality of the lives of homeless individuals and families that are often shaped by profound need less for protection from the state than for meaningful support, and entitlement advocacy remains circumscribed by the reality of severely …
Circuit Split Or A Matter Of Semantics? The Supreme Court's Upcoming Decision On Rule 10b-5 "Scheme Liability" And Its Implications For Tax Shelter Fraud Litigation, Mark S. Pincus
Fordham Law Review
After Internal Revenue Service investigations exposed widespread fraud among tax shelter promoters, angry investors sued for securities fraud under Securities and Exchange Commission Rule 10b-5, which provides a cause of action against “primary violators” of the Rule but not against mere “aiders and abettors.” This controversial distinction is further complicated by the recent introduction of “scheme liability” lawsuits under two previously obscure provisions of Rule 10b-5. This Note examines the circuit split over the “primary violator”/“aider and abettor” distinction in scheme liability claims, arguing that the circuits' conflicting concepts of scheme liability actually cover similar conduct, and that tax shelter …
"Anything You Say May Be Used Against You": A Proposed Seminar On The Lawyer's Duty To Warn Of Confidentiality's Limits In Today's Post-Enron World, Paul F. Rothstein
"Anything You Say May Be Used Against You": A Proposed Seminar On The Lawyer's Duty To Warn Of Confidentiality's Limits In Today's Post-Enron World, Paul F. Rothstein
Fordham Law Review
No abstract provided.
The Lawyer Is Not The Protagonist: Community Campaigns, Law, And Social Change, The Symposium: Race, Economic Justice, And Community Lawyering In The New Century: Concluding Essay, Jennifer Gordon
Faculty Scholarship
Stories about law and social change can have a sameness to them. Yet in many ways, the tales told in this volume stand out from the crowd. Each story is shaped around a campaign undertaken by a community organization or coalition deeply engaged in the struggle for racial and economic justice. Attorneys appear as supporting players rather than main characters, seeking to help organizations build the power needed to achieve their goals. These lawyers translate information about the law into lay language, pressure opponents, defend the organization, open up spaces for community voice and action, and seek to establish new …
A Tribute To Judge Bo Vesterdorf, Roger J. Goebel
A Tribute To Judge Bo Vesterdorf, Roger J. Goebel
Fordham International Law Journal
Judge Bo Vesterdorf retires this fall after serving as Judge on the Court of First Instance (“CFI”) since its inauguration on September 25, 1989, acting as its President for three successive terms since 1998. It is accordingly highly appropriate that the editors of the Fordham International Law Journal (“ILJ”) should dedicate this annual issue devoted to European Union (“EU”) law to Judge Vesterdorf as an eminent jurist who has significantly contributed to the development of the CFI's jurisprudence, and also provided able pragmatic leadership as its presiding judge. The ILJ can be considered to act on behalf of the entire …
Listening To The Disabled: End-Of-Life Medical Decision Making And The Never Competent , Eric C. Miller
Listening To The Disabled: End-Of-Life Medical Decision Making And The Never Competent , Eric C. Miller
Fordham Law Review
No abstract provided.
Constitutional Chicken Soup, Tracy E. Higgins
Constitutional Chicken Soup, Tracy E. Higgins
Fordham Law Review
No abstract provided.
Adversary Advocacy And The Authority Of Adjudication, Daniel Markovits
Adversary Advocacy And The Authority Of Adjudication, Daniel Markovits
Fordham Law Review
No abstract provided.
Taking Cues: Inferring Legality From Others' Conduct, Bruce A. Green
Taking Cues: Inferring Legality From Others' Conduct, Bruce A. Green
Fordham Law Review
No abstract provided.
Global Collaboration In Law Schools: Lessons To Learn, Elizabeth B. Cooper
Global Collaboration In Law Schools: Lessons To Learn, Elizabeth B. Cooper
Fordham International Law Journal
This Introduction to the Symposium, Global Alliance for Justice Education (“GAJE”) North American Regional Conference, discusses four articles in the Fordham International Law Journal that advance a growing goal of the GAJE: developing scholarship to facilitate justice education and increasing awareness of the global justice movement. Each of the following four articles identifies ways in which collaborating law professors in significantly different contexts--China, South Africa, Nicaragua, and the United States--can learn from each other to develop vital programs of legal education and to strive for social justice.
Expanding And Sustaining Clinical Legal Education In Developing Countries: What We Can Learn From South Africa , Peggy Maisel
Expanding And Sustaining Clinical Legal Education In Developing Countries: What We Can Learn From South Africa , Peggy Maisel
Fordham International Law Journal
This Article reviews the development of clinical education in South Africa and the valuable lessons such an analysis provides for those seeking to promote clinical education elsewhere. This Article reviews the obstacles faced in South Africa and the creative ways clinicians have attempted to overcome them, some much more successful than others.
Standing Of Private Plaintiffs To Annul Generally Applicable European Community Measures: If The System Is Broken, Where Should It Be Fixed?, Xavier Lewis
Fordham International Law Journal
This Article will examine the problem of the standing of private litigants by putting the action for annulment in its context. It will describe briefly how the Treaty of Rome set up a complex system in which the acts of the EC Institutions could be reviewed, a task that is shared between the European Courts and the courts of the Member States. It will also describe briefly the different correctives introduced by the Court of Justice and the Court of First Instance to the system as initially envisaged. It will be seen that a good deal of flexibility has been …
Teaching Reflective Lawyering In A Small Case Litigation Clinic: A Love Letter To My Clinic Papers Presented At The Ucla/Ials Conference On Enriching Clinical Education, Ian Weinstein
Faculty Scholarship
This article describes a live client, small case, teaching and learning centered, criminal defense clinic set in a high volume urban court. It offers concrete suggestions about how clinical educators can help students develop analytic and technical skills. The clinic model is conceived in three phases: giving students the opportunity to develop a contextualized understanding of the client; guiding students through strategic analysis and planning; and focusing students' litigation strategies on executing their tactical vision for their client. The article argues that this clinical setting structures the students' experiences so that they develop a complex and deeply moral lawyerly problem …
Permissive Rules Of Professional Conduct, Bruce A. Green, Fred C. Zacharias
Permissive Rules Of Professional Conduct, Bruce A. Green, Fred C. Zacharias
Faculty Scholarship
No abstract provided.