Digital Commons Network^™

Making Lawyers Good People: Possibility Or Pipedream?, Subha Dhanaraj

Fordham Urban Law Journal

This Comment first outlines general conceptions of morality and moral development according to the widely accepted model promulgated by Professor Lawrence Kohlberg, and enunciates the importance of moral theory in the context of legal education. Next, it analyzes competing views of moral development and challenges some general concerns about the value of moral education in law schools. It then proposes the incorporation of moral teaching in the law school curriculum to remedy the disjunction between persona convictions and legal analysis stemming from the Langdellian method of legal training. Finally, it discusses the challenges to incorporating moral education into legal training. …

Lesbian, Gay, Bisexual, And Transgender Communities And Intimate Partner Violenec

Fordham Urban Law Journal

Panelist Valerie B, a survivor of domestic abuse, discussed her experience in a abusive relationship with another woman. She discussed the trauma and how she slowly got out of the relationship. Panelist Lisi Lord, associate director of programs at My Sisters' Place, then gave an overview of the things she has learned working with victims of violence on the LGBT community. She discussed some of the barriers they face as a marginalized group and how their expression of sexuality and societal response to it makes their problems unique. Panelist Lt. Grace A. Telesco, chair of the Behavioral Science Department of …

Overcoming Barriers In Communities

Fordham Urban Law Journal

Panelist Evelyn Cardona, discussed the work of the Brooklyn Coalition Against Family Violence, where she is the director, her own experience as a battered woman, and how she overcame it. Panelist Nechama Wolfson, president of the Shalom Task Force, then talked about the work of Shalom Task Force, a grasroots group of Orthodox Jewish women was doing on the community. Panelist Angela Lee, associate director of the New York Asian Women's Center, discussed the work her organization does with Asian battered women. Panelist Mircia Sanchez discussed the Harlem Dowling West Side Center for Children and Family Services, where she is …

Examining The Lautenberg Amendment In The Civilian And Military Contexts: Congressional Overreaching, Statutory Vagueness, Ex Post Facto Violations, And Implementation Flaws, Jessica A. Golden

Fordham Urban Law Journal

The Lautenberg Amendment to the Gun Control Act of 1968 was passed in 1996 with the purpose of preventing gun-related domestic violence. The Lautenberg Amendment's passage raises unique commerce clause issues, and the amendment is possibly unconstitutional. Part I of the article examines the Commerce Clause (and Tenth Amendment) challenges to the Lautenberg Amendment. It provides the history of cases thus far failing to successfully challenge the constitutionality of the Lautenberg Amendment. It then discusses the Supreme Court's decision in Morrison v. Olson, that struck down the civil remedies provision of the Violence Against Women Act as a violation of …

Constitutional Asymmetry, Martin S. Flaherty

Fordham Law Review

No abstract provided.

Attorney Papers, History And Confidentiality: A Proposed Amendment To Model Rule 1.6, Patrick Shilling

Fordham Law Review

No abstract provided.

Report Of The Ethics And Professionalism Working Group, Nanette Schrandt

Fordham Law Review

No abstract provided.

Achieving Justice, Barriers To Achieving Justice For Incarcerated Parents, Martha L. Raimon

Fordham Law Review

No abstract provided.

International Criminal Justice From Paper To Practice - A Contribution From The International Criminal Tribunal For Rwanda To The Establishment Of The International Criminal Court, Adama Dieng

Fordham International Law Journal

The international society's pursuit of international criminal justice entails the creation of a stateless jurisdiction with international scope that holds individuals, rather than States, responsible. As the institutions mandated to exercise international criminal jurisdiction begin to develop their operations, it becomes clear that the execution of justice entails a wide range of policy decisions normally undertaken by the State, in terms of legal aid, policing, education, and information, to mention but a few areas. The International Criminal Court may draw upon the wealth of operational experience of the Tribunals in these areas, but will nonetheless continue to develop its own …

The Draft Budget For The First Financial Period Of The Court , Rolf Einar Fife

Fordham International Law Journal

The preparatory work before the entry into force of the Rome Statute of the International Criminal Court (“Rome Statute” or “Statute”) is nearing completion. Basic normative structures governing the establishment and work of the future International Criminal Court (“Court”) have been negotiated. With the discussions on the first draft Budget (“Budget”) and other issues related to the administrative and financial operation of the Court, preparations have taken a significant “practical turn.” The fundamental aim of the Budget is to translate the objectives of the Court in monetary terms and to provide the resources needed by the Court's organs and the …

Allocating The Proceeds Of Settlements: Looted Assets, Successor Interests, Recovered Properties, And Settlement Funds, Transcripts

Fordham International Law Journal

Record of panel discussion on how the proceeds of Holocaust restitution settlements should be allocated. Special attention is paid to looted assets, successor interests, recovered properties, and settlement funds.

Bar Association Ethics Committees: Are They Broken Conference On Legal Ethics: What Needs Fixing, Bruce A. Green

Faculty Scholarship

This Article explores the work of bar association ethics committees. These are committees established by bar associations to give advice to lawyers about how to comply with the applicable rules of professional conduct. My question is, are these committees broken? Over the past two decades, several legal academics have concluded that they are. At its harshest, the critique is that ethics committees, typified by the American Bar Association's ("ABA") ethics committee, publish opinions that respond to trivial questions by providing poorly reasoned answers on which nobody can or does rely, and that the reason that the committees' opinions are inadequate …

At The Crossroads Of Law And Social Science: Is Charging A Battered Mother With Failure To Protect Her Child An Acceptable Solution When Her Child Witnesses Domestic Violence, Melissa A. Trepiccione

Fordham Law Review

No abstract provided.

Constitutional Welfare Rights: A History, Critique And Reconstruction, William E. Forbath

Fordham Law Review

No abstract provided.

Unequal Justice: Arabs In America And United States Antiterrorism Legislation, Michael J. Whidden

Fordham Law Review

Racial discrimination in any form and in any degree has no justifiable part whatever in our democrati way of life. It is unattractive in any setting but it is utterly revolting among a free people who have embraced the principles set forth in the Constitution of the united States. All residents of this nation are primarily and necessarily a part of the new and distinct civilization of the United States. They must accordingly be treated at all times as the heirs of the American experiment and as entitled to all the rights and freedoms guaranteed by the Constitution.

What Big Eyes And Ears You Have!: A New Regime For Covert Governmental Surveillance, Mark G. Young

Fordham Law Review

No abstract provided.

Panel I: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Public Sector Data, Robert Sherman, Paul Schwartz, Deirdre Mulligan, Steven Emmert

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Forgiveness And Public Trust, Linda Ross Meyer

Fordham Urban Law Journal

A discussion of forgiveness and its relation to the community as a whole. The author argues that forgiveness is not merely personal, emotional, nor private, but rather that forgiveness grounds the basic trust which binds the community together.

Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr.

Fordham Urban Law Journal

This article discusses the role of forgiveness in the criminal justice system, and explores related concepts of empathy, restorative justice, and truth and reconciliation.

Forgiveness And Justice, Benjamin C. Zipursky

Fordham Urban Law Journal

A panel discussion of professors and audience members, discussing whether forgiveness has a place in the law and what that place is. Includes comments by panelists Benjamin C. Zipursky (moderator), Douglas B. Ammar, John Q. Barrett, Frederick W. Gay, David M. Lerman and Margaret Colgate Love, as well as comments and questions from audience members.

Forgiveness And The Law - A Redemptive Opportunity, Douglas B. Ammar

Fordham Urban Law Journal

A discussion of the role of forgiveness in criminal law. The author relates the approach of the Georgia Justice Project, a nonprofit organization whose mission is to provide justice to indigent criminal defendants and help them become productive citizens.

Closing Address, April 8, 2000, Vincent Saldanha

Fordham International Law Journal

Vincent Saldanha thanked the participants for attending the conference. He noted that it is also an uncomfortable situation to presume to speak on behalf of the poor, as the poor are neither voiceless nor invisible. He noted, however, that the discussions over the previous days were devoid of arrogance and patronage. He went on to note that, despite the many international perspectives presented at the conference, there were a great deal of commonalities between the issues facing those who provide legal services for indigent populations. Mr .Saldanha argued that there is a fundamental right to justice, and noted that this …

Access To Justice In Lithuania, Linas Sesickas

Fordham International Law Journal

This article examines the state of the Lithuanian legal system ten years after its independence and offers suggestions for reforms that would increase citizens' access to justice. The article addresses issues arising from the increasing legal and economic complexity of Eastern Europe and the corresponding increased need for legal advice. Finally, the article notes the difficulty in acheiving individualism and human rights goals while socio-economic disparity is increasing.

The Effect Of Globalization On Domestic Legal Services, Michael Dowdle, E. Clinton Bamberger, Dorchen Leidholdt, Filipe Gonzalez Morales, Lucie White

Fordham International Law Journal

Globalization, in the context of this panel, refers to international, trans-border processes which are not regulated by the international legal framework, either private law or public international law. These processes, these unregulated influences, are having both positive and negative effects and affecting aspects of culture and society which had previously been considered domestic or wholly domestic concerns. This is creating a tension within both the domestic and international environments, and it is this particular tension that this panel seeks to address.

E. Clinton Bamberger, Emeritus Professor of Law, University of Maryland Law School, will speak about how domestic systems in …

Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla

Fordham Urban Law Journal

This article is a response to Panel on Forgiveness in Criminal Law, and attempts to answer the following questions: Is there room for forgiveness in the criminal courts? If so, how does forgiveness manifest itself there? The article explores this issue in terms of the opportunities for forgiveness provided by "problem-solving" courts.

Presumed Guilty?: Criminal Justice And Human Rights In Mexico, Luke Mcgrath

Fordham International Law Journal

This Report is divided into five parts, which track the main issues that the mission examined. Part I examines the arbitrary arrest and detention practices that are widespread in Mexico. Part II explores the conditions and standards that lead to the taking of coerced confessions, as well as the ready use of such confessions at trial. In Part III, this Report turns to issues relating to legal representation in Mexico, especially the denial of access to counsel at critical points of the criminal process. The intimidation of defense attorneys, persons of confidence, and human rights advocates furnishes the subject of …

Preserving Indigenous Paradigms In An Age Of Globalization: Pragmatic Strategies For The Development Of Clinical Legal Aid In China, Michael William Dowdle

Fordham International Law Journal

This Essay uses the experiences of international efforts to promote clinical legal aid in China to explore one such unexpected consequence of globalization: international assistance's understandable focus on more familiar kinds of legal aid institutions and activities can unintentionally impede the development of indigenous legal aid practices and institutions that might ultimately be better suited for the particular domestic environment. Part I of this essay will discuss international efforts to promote clinical legal aid in China, Part II will discuss reductive strategies for promoting legal development and the problems they present, Part III will discuss pragmatic strategies for promoting legal …

Public Provision Of Legal Services In The United Kingdom: A New Dawn?, Anne Owers

Fordham International Law Journal

There are likely to be two effects on the provision and demand for legal aid. First, under Article 6 of the ECHR, there may be a requirement for free legal advice and representation for those whose civil rights are at issue in complex cases and who could not otherwise afford it. This may particularly affect representation before tribunals, which deal with matters for which no legal aid is currently available such as employment, welfare benefits, and immigration. Legal aid has already been promised for immigration and asylum tribunals. Second, there is likely to be a large amount of litigation in …

Issues Of Concern To Developing And Transitional Countries, Frank Upham, Martin Bohmer, Felix Morka, Linas Sesickas, Futoshi Toyama

Fordham International Law Journal

Led by moderator Frank Upham, the panelists discussed legal aid in the context of societies transitioning from one form of social order to another, and the institution-building that is required.

Ethics In Criminal Advocacy, Symposium, Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal

Fordham Law Review

No abstract provided.