Digital Commons Network^™

Should The Medium Affect The Message? Legal And Ethical Implications Of Prosecutors Reading Inmate-Attorney Email, Brandon P. Ruben

Fordham Law Review

    The attorney-client privilege protects confidential legal communications between a party and her attorney from being used against her, thus encouraging full and frank attorney-client communication. It is a venerable evidentiary principle of American jurisprudence. Unsurprisingly, prosecutors may not eavesdrop on inmate-attorney visits or phone calls or read inmate-attorney postal mail. Courts are currently divided, however, as to whether or not they can forbid prosecutors from reading inmate- attorney email.

    This Note explores the cases that address whether federal prosecutors may read inmates’ legal email. As courts have unanimously held, because inmates know that the Bureau of Prisons (BOP) monitors all …

The “Social Magic” Of Merit: Diversity, Equity, And Inclusion In The English And Welsh Legal Profession, Hilary Sommerlad

Fordham Law Review

The discourse of merit is central to the “boundary” practices deployed by the white male elite of the English legal profession to exclude outsiders. The official discourse of government and regulatory body reports presents merit as an objectively verifiable and quantifiable property, synonymous with “excellence,” the salience of which in the recruitment process is indicative of the modernization of the profession. In this form it is mobilized to deflect criticism of the slow progress toward diversity. Critical interrogation of the discourse of merit reveals that it operates rather differently as a key structuring principle of the profession. The alternative meaning …

Naming Men As Men In Corporate Legal Practice: Gender And The Idea Of “Virtually 24/7 Commitment” In Law, Richard Collier

Fordham Law Review

This Article seeks to reframe and turn the conversation about gender equity in the legal profession on its head, taking up Hannah Brenner’s recent call to reconceptualize problems and rethink solutions around gender equity in the profession. It does so by moving beyond the frame of the retention of women and exploring selected aspects of the gendered practices of men in relation to this notion of the ideal legal professional in large transnational “city” law firms. The Article traces how particular ideas about men and gender are, on closer examination, implicated in a broader recasting of lawyer professionalism within the …

The Special Skills Of Advocacy, Warren E. Burger

Fordham Law Review

    To commemorate our founding in 1914, the Board of Editors has selected six influential pieces published by the Law Review over the past 100 years and will republish one piece in each issue.

    The third piece selected by the Board is The Special Skills of Advocacy, a lecture delivered by the late Chief Justice Warren E. Burger that is among the most cited works in the Law Review’s history. Speaking at Fordham Law School on November 26, 1973, Chief Justice Burger advocated for law schools to better prepare students for skillful courtroom advocacy, declaring that “[w]e must acknowledge, …

Hemispheres Apart, A Profession Connected, Dana Remus

Fordham Law Review

No abstract provided.

The Future Of Big Law: Alternative Legal Service Providers To Corporate Clients, John S. Dzienkowski

Fordham Law Review

No abstract provided.

The Lawyer’S Monopoly—What Goes And What Stays, Benjamin H. Barton

Fordham Law Review

    We live in a time of unprecedented changes for American lawyers, probably the greatest changes since the Great Depression. That period saw the creation of the lawyer’s monopoly through a series of regulatory modifications. Will we see the same following the Great Recession? Formally, no. This Article predicts that formal lawyer regulation in 2023 will look remarkably similar to lawyer regulation in 2013. This is because lawyer regulators will not want to rock the boat in the profession or in law schools during a time of roil.

    Informally, yes! We are already seeing a combination of computerization, outsourcing, and nonlawyer …

The Great Disruption: How Machine Intelligence Will Transform The Role Of Lawyers In The Delivery Of Legal Services, John O. Mcginnis, Russell G. Pearce

Fordham Law Review

No abstract provided.

Protecting The Profession Or The Public? Rethinking Unauthorized-Practice Enforcement, Deborah L. Rhode, Lucy Buford Ricca

Fordham Law Review

No abstract provided.

Foreword: The Profession’S Monopoly And Its Core Values, W. Bradley Wendel

Fordham Law Review

No abstract provided.

What Do We Talk About When We Talk About Control?, Anthony J. Sebok

Fordham Law Review

No abstract provided.

Compliance And Claim Funding: Testing The Borders Of Lawyers’ Monopoly And The Unauthorized Practice Of Law, Michele Destefano

Fordham Law Review

No abstract provided.

The Monopoly Myth And Other Tales About The Superiority Of Lawyers, Leslie C. Levin

Fordham Law Review

No abstract provided.

Cracks In The Profession’S Monopoly Armor, Jack P. Sahl

Fordham Law Review

No abstract provided.

The Legal Profession’S Monopoly: Failing To Protect Consumers, Laurel A. Rigertas

Fordham Law Review

No abstract provided.

Overstepping Ethical Boundaries? Limitations On State Efforts To Provide Access To Justice In Family Courts, Jessica Dixon Weaver

Fordham Law Review

    Family law courts in America are overwhelmed with self-represented parties who try their best to navigate an unfamiliar territory laden with procedural and evidentiary rules. Efforts to level the playing field in these courts have resulted in state entities and judges taking on roles that previously belonged to attorneys. State supreme court judges and state agencies draft and promulgate family law forms, such as divorce pleadings and paternity acknowledgments, to provide poor citizens access to justice. While these efforts have resulted in positive outcomes for some families, reliance on the state’s imprimatur has caused significant harm to others. Upon closer …

Access To Justice Requires Access To Attorneys: Restrictions On The Practice Of Law Serve A Societal Purpose, Lisa H. Nicholson

Fordham Law Review

No abstract provided.

Anyone Can “Think Like A Lawyer”: How The Lawyers’ Monopoly On Legal Understanding Undermines Democracy And The Rule Of Law In The United States, Bridgette Dunlap

Fordham Law Review

No abstract provided.

Legal Information, The Consumer Law Market, And The First Amendment, Renee Newman Knake

Fordham Law Review

No abstract provided.

Globalization And The Monopoly Of Aba-Approved Law Schools: Missed Opportunities Or Dodged Bullets?, Carole Silver

Fordham Law Review

No abstract provided.

Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem

Fordham Law Review

No abstract provided.

Putting The Legal Profession’S Monopoly On The Practice Of Law In A Global Context, Laurel S. Terry

Fordham Law Review

When considering the proper scope of the U.S. legal profession’s monopoly, regulators and commentators may find it useful to compare the scope of the U.S. monopoly with the legal profession monopolies found in other countries. This Article surveys what we know—and do not know—about the scope of the monopoly in countries other than the United States. The Article finds that the state of knowledge on this topic is relatively undeveloped, that the scope of the U.S. legal profession’s monopoly appears to be larger than the scope of the monopoly found in some other countries, but that the “conventional wisdom” may …

Lawyering For Groups: The Case Of American Indian Tribal Attorneys, Kristen A. Carpenter, Eli Wald

Fordham Law Review

   Lawyering for groups, broadly defined as the legal representation of a client who is not an individual, is a significant and booming phenomenon. Encompassing the representation of governments, corporations, institutions, peoples, classes, communities, and causes, lawyering for groups is what many, if not most, lawyers do. And yet, the dominant theory of law practice—the Standard Conception, with its principles of zealous advocacy, nonaccountability, and professional role-based morality—and the rules of professional conduct that codify it, continue to be premised on the basic antiquated assumption that the paradigmatic client-attorney relationship is between an individual client and an individual attorney. The result …

Evidence Rule 502: The Solution To The Privilege-Protection Puzzle In The Digital Era, John M. Barkett

Fordham Law Review

No abstract provided.

Cause Lawyers Inside The State, Douglas Nejaime

Fordham Law Review

No abstract provided.

The Moral Complexity Of Cause Lawyers Within The State, David Luban

Fordham Law Review

No abstract provided.

Funding Conditions And Free Speech For Hiv/Aids Ngos: He Who Pays The Piper Cannot Always Call The Tune, Alexander P. Wentworth-Ping

Fordham Law Review

   The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act pledges billions of dollars to fund NGOs combating the HIV/AIDS epidemic but requires recipients to adopt a policy explicitly opposing prostitution and sex trafficking. A possible recipient NGO confronts a tough decision: adopt an affirmative statement against prostitution and sex trafficking to accept the funds, alienating a vital partner in its efforts to eradicate HIV/AIDS; or deny the funds to speak its own message, though without the benefit of government assistance.

   Courts are split on whether the Leadership Act’s policy requirement places an unconstitutional condition on federal funds that requires …

Smart Growth: The Large Law Firm In The Twenty-First Century, Eli Wald

Fordham Law Review

No abstract provided.

The Learning Process Of Globalization: How Chinese Law Firms Survived The Financial Crisis, Xueyao Li, Sida Liu

Fordham Law Review

No abstract provided.

Nonlawyers Influencing Lawyers: Too Many Cooks In The Kitchen Or Stone Soup?, Michele Destefano

Fordham Law Review

No abstract provided.