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Fordham Urban Law Journal

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Leaders, Followers, And Free Riders: The Community Lawyer's Dilemma When Representing Non-Democratic Client Organizations, Michael Diamond, Aaron O'Toole Jan 2004

Leaders, Followers, And Free Riders: The Community Lawyer's Dilemma When Representing Non-Democratic Client Organizations, Michael Diamond, Aaron O'Toole

Fordham Urban Law Journal

This article explores various aspects of the dissonance between the democratic ideal and the reality of groups in disenfranchised and disempowered communities. The authors discuss the intersection of democracy and community action by examining the sociology of groups and the social psychology of leaders and followers. They also examine the role of, and choices presented to, an attorney working in a community and for a local community group.

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Public Service In A Time Of Crisis: A Report And Retrospective On The Legal Community's Response To The Events Of September 11, 2001 Jan 2004

Public Service In A Time Of Crisis: A Report And Retrospective On The Legal Community's Response To The Events Of September 11, 2001

Fordham Urban Law Journal

The attacks on September 11, 2001 were unprecedented in scope, and the legal needs that grew out of the attacks were varied and far-reaching. This report summarizes the response of the legal community to these needs. The response was fast, thoughtful, comprehensive, and creative. And as a result, thousands of people were helped and thousands of lawyers were able to use their professional talents and skills in a manner that both led to important services being provided to people in need and resulted in great personal satisfaction. In response to 9/11, the institutions that make up the New York area …

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Preparing For The Worst: Re-Envisioning Disaster Legal Relief In The Era Of Homeland Security, Martha F. Davis Jan 2004

Preparing For The Worst: Re-Envisioning Disaster Legal Relief In The Era Of Homeland Security, Martha F. Davis

Fordham Urban Law Journal

The New York legal community's response to the September 11th disaster provides an excellent example of pro bono assistance in a time of crisis. The New York response featured many well-trained lawyers with extensive resources and organizational efforts from the New York City bar. However, not all communities have the same resources and ability to mobilize for a large pro bono effort in response to a disaster. While the New York response was impressive, a lasting effect on pro bono participation or an improvement in the public's perception of the legal profession has not resulted. This essay explores whether, despite …

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Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reenty Into Criminal Defense Lawyering, Michael Pinard Jan 2004

Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reenty Into Criminal Defense Lawyering, Michael Pinard

Fordham Urban Law Journal

Over the past two decades, public defender offices across the country have broadened the range of defense services provided to indigent clients. These expanded services, some of which involve representing clients on related non-criminal matters such as housing and public benefits, are included in what is now commonly referred to as "holistic representation."' This form of representation strives to encompass the various underlying issues that often lead to clients’ experiences with the criminal justice system, with the aim of addressing those circumstances and preventing future criminal involvement. Holistic representation signals a paradigmatic shift in defense philosophy and ideology and has …

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Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz Jan 2003

Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz

Fordham Urban Law Journal

This Article examines the role of lawyers for homeless people. It argues that while even the most zealous legal advocacy cannot alone solve homelessness, it remains an important tool because of the assistance it provides to individuals, its impact on broader legal rules, and its potential role in shaping public perception and debate. The Article also maintains that legal advocacy works best when combined with a holistic approach that addresses homeless clients' non-legal needs, such as housing placement, case management, medical and psychiatric care, job training, and substance abuse counseling. It further argues that, to the extent possible, lawyers for …

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The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris Jan 2003

The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris

Fordham Urban Law Journal

A general overview of the journal's progress and publications.

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The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris Jan 2003

The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris

Fordham Urban Law Journal

A general overview of the journal's progress and publications.

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Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz Jan 2003

Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz

Fordham Urban Law Journal

This Article examines the role of lawyers for homeless people. It argues that while even the most zealous legal advocacy cannot alone solve homelessness, it remains an important tool because of the assistance it provides to individuals, its impact on broader legal rules, and its potential role in shaping public perception and debate. The Article also maintains that legal advocacy works best when combined with a holistic approach that addresses homeless clients' non-legal needs, such as housing placement, case management, medical and psychiatric care, job training, and substance abuse counseling. It further argues that, to the extent possible, lawyers for …

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Expanding Latino Participation In The Legal Profession: Strategies For Increasing Latino Law School Enrollments, William Malpica, Mauricio A. España Jan 2003

Expanding Latino Participation In The Legal Profession: Strategies For Increasing Latino Law School Enrollments, William Malpica, Mauricio A. España

Fordham Urban Law Journal

This Essay explores how Latinos have faired in the law school admissions process -- a hurdle that the group has yet to overcome -- and evaluates current efforts to bolster Latino enrollment. It examines the underlying conditions that contribute to low Latino enrollment in law schools by revealing the primary obstacles to Latino admission: the limited pool of eligible Latino college graduates and current law school admissions policies that emphasize Law School Admission Test scores and grade point averages. This Essay review a sampling of responses to low Latino law school enrollment and concludes that the most effective strategies for …

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Transformative Criminal Defense Practice: Truth, Love, And Individual Rights- The Innovative Approach Of The Georgia Justice Project, Douglas Ammar, Tosha Downey Jan 2003

Transformative Criminal Defense Practice: Truth, Love, And Individual Rights- The Innovative Approach Of The Georgia Justice Project, Douglas Ammar, Tosha Downey

Fordham Urban Law Journal

Georgia Justice Project has a unique approach to criminal defense and rehabilitation which is based on a relationship and community-oriented ethic. Focused on only accepting clients who are willing to make a serious commitment to changing their lives, the GJP ensures that the client moves beyond social, emotional and personal challenges that contributed to their legal problems. This article describes the unique factors of the GJP that have contributed to its continued success.

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"Forgive Me Victim For I Have Sinned": Why Repentance And The Criminal Justice System Do Not Mix - A Lesson From Jewish Law, Cheryl G. Bader Jan 2003

"Forgive Me Victim For I Have Sinned": Why Repentance And The Criminal Justice System Do Not Mix - A Lesson From Jewish Law, Cheryl G. Bader

Fordham Urban Law Journal

This essay will critique the Georgia Justice Project's encouragement of confessions in the context of the secular American justice system via comparison with the treatment of confessions under ancient Jewish law. Specifically, this essay posits that the absolute prohibition on the use of confessions in a legal system firmly rooted in religious values recognizes the danger inherent in combining the act of speaking of one's sins for religious penance with the use of such confessions in the criminal adjudication process. The Jewish legal system avoids these inherent dangers by completely devaluing the accused's confession. The GJP, in contrast, merges the …

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Practice What You Preach: Power, Paternalism, And The Christian Lawyer For The Poor, Melanie D. Acevedo Jan 2003

Practice What You Preach: Power, Paternalism, And The Christian Lawyer For The Poor, Melanie D. Acevedo

Fordham Urban Law Journal

This Essay will focus on the approach a Christian poverty lawyer can take to answering these questions. This Essay will argue that because a lawyer's actions are ultimately based on what she believes about herself and her place in the world, the Christian lawyer will begin her move away from paternalism and towards power-sharing. She will do this by embracing a Christian self-understanding and integrating that understanding into her work in the most significant ways possible. Further, when she looks at power itself through a biblical lens, the Christian poverty lawyer sees a framework for practice that is radically different …

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If You Gag The Lawyers, Do You Choke The Courts? Some Implications For Judges When Funding Restrictions Curb Advocacy By Lawyers On Behalf Of The Poor, Laura K. Abel, David S. Udell Jan 2002

If You Gag The Lawyers, Do You Choke The Courts? Some Implications For Judges When Funding Restrictions Curb Advocacy By Lawyers On Behalf Of The Poor, Laura K. Abel, David S. Udell

Fordham Urban Law Journal

This Article examines restrictions on legal services lawyers that are particularly likely to cause interference with the core functions of the courts. It also examines the effect on state courts of federal restrictions on the funding that state and local governments provide for legal services. The Article also discusses the separation of powers and federalism implications of these incursions into court operations. It advocates for the application of the Supreme Court's reasoning in Legal Services Corp. v. Velazquez.

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Remarks By The Honorable Judith S. Kaye: Access To Justice Conference, September 11, 2001, The Honorable Judith S. Kaye Jan 2002

Remarks By The Honorable Judith S. Kaye: Access To Justice Conference, September 11, 2001, The Honorable Judith S. Kaye

Fordham Urban Law Journal

Remarks at the Access to Justice Conference: September 11, 2001

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Civil Legal Assistance For Low-Income Persons: Looking Back And Looking Forward, Alan W. Houseman Jan 2002

Civil Legal Assistance For Low-Income Persons: Looking Back And Looking Forward, Alan W. Houseman

Fordham Urban Law Journal

This Article discusses the importance of legal aid and the services it provides to low-income persons. The Article also addresses the need for further change. It advocates for the development of a stronger base of public support at the local level. It also calls for an integrated, comprehensive statewide system to ensure that access is available to all those who need relief.

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In Defense Of Ghostwriting, Jona Goldschmidt Jan 2002

In Defense Of Ghostwriting, Jona Goldschmidt

Fordham Urban Law Journal

This Article analyzes the legal community's resistance to ghostwriting for pro se litigants. It examines the nature, extent and benefits of ghostwriting. It analyzes objections to ghostwriting raised in case law and ethics opinions. It describes recent ghostwriting recommendations and regulatory developments. The Article discusses the relevance of the duty of confidentiality and the attorney-client privilege to ghostwriting. It analyzes the legal community's resistance to ghostwriting. The Article concludes that ghostwriting serves a growing segment of the pro se population and that it doesn't violate the court rules or ethical principles.

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Traveling Justice: Providing Court Based Pro Se Assistance To Limited Access Communities, Tina L. Rasnow Jan 2002

Traveling Justice: Providing Court Based Pro Se Assistance To Limited Access Communities, Tina L. Rasnow

Fordham Urban Law Journal

This Article discusses one Southern California court's attempt to provide greater access to underrepresented litigants in a mixed urban and rural county northwest of Los Angeles. The Article explores Ventura County Superior Court's outreach program designed to increase court access through pro se self-help services, educational outreach, specialty courts, and collaboration with social service organizations. The Article hopes to inspire others to try creative methods to improve access in their jurisdictions.

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Remarks By The Honorable Jonathan Lippman, Jonathan Lippman Jan 2002

Remarks By The Honorable Jonathan Lippman, Jonathan Lippman

Fordham Urban Law Journal

Remarks by the Honorable Jonathan Lippman at the Access to Justice Conference

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Access To Justice: On Dialogues With The Judiciary, Margaret Martin Barry Jan 2002

Access To Justice: On Dialogues With The Judiciary, Margaret Martin Barry

Fordham Urban Law Journal

This Article considers the effects of nurturing law student interest in public service intersects with the goals of developing lawyering expertise. It then examines the insight provided to the judiciary by clinical educational programs with regards to making the courts more accesible to the public. The author hopes to encourage a greater, more meaningful dialogue between the judiciary and law school faculty.

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Unbundled Legal Services: Untying The Bundle In New York State, Justice Fern Fisher-Brandveen, Rochelle Klempner Jan 2002

Unbundled Legal Services: Untying The Bundle In New York State, Justice Fern Fisher-Brandveen, Rochelle Klempner

Fordham Urban Law Journal

This Article addresses the practice of unbundled legal services as a solution to lack of access to legal aid by the poor. Unbundled legal services is a process by which the client and lawyer agree that the lawyer will provide some, but not all, of the work involved in traditional full service representation. The Article discusses and and evaluates the pros, such as increasing access to justice and efficiency in the courtroom with cons, such as malpractice and ethical concerns.

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Equal Protection Denied In New York To Some Family Law Litigants In Supreme Court: An Assigned Counsel Dilemma For The Courts, Robert M. Elardo Jan 2002

Equal Protection Denied In New York To Some Family Law Litigants In Supreme Court: An Assigned Counsel Dilemma For The Courts, Robert M. Elardo

Fordham Urban Law Journal

This Article addresses the concerns over the differences in the right to counsel in family law cases depending on the venue. In New York, persons in family court proceedings have a constitutional right to counsel. Yet the same matter, if heard in the New York Supreme Court, does not afford such a right. This Article advocates the correction of this perceived oversight in the law so that all parties in these important proceedings can receive fair representation.

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The Law School Consortium Project: Law Schools Supporting Graduates To Increase Access To Justice For Low And Moderate Income Individuals And Communities, Deborah Howard Jan 2002

The Law School Consortium Project: Law Schools Supporting Graduates To Increase Access To Justice For Low And Moderate Income Individuals And Communities, Deborah Howard

Fordham Urban Law Journal

The Law School Consortium Project is an organization with the goal of extending the educational and professionalism missions of law schools beyond graduation to provide training, mentoring, and other support to solo and small-firm lawyers. The Article discusses different models of achieving this goal. It outlines the benefits to practitioners, low and moderate income individuals and communities, and to participating law schools.

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Access To Justice In Idaho, Frances H. Thompson Jan 2002

Access To Justice In Idaho, Frances H. Thompson

Fordham Urban Law Journal

This Article addresses the efforts made by the Idaho Court Assistance Office Project to increase access to the Idaho court system. The Article discusses the Projects goals of addressing concerns over plain English forms and brochures, pro bono legal and paralegal services, and equipment and technology needs. It describes the four primary model used by the Project in assisting pro-se litigants.

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From "Renegade" Agency To Institution Of Justice: The Transformation Of Legal Services Corporation, Mauricio Vivero Jan 2002

From "Renegade" Agency To Institution Of Justice: The Transformation Of Legal Services Corporation, Mauricio Vivero

Fordham Urban Law Journal

This Article traces the evolution of the Legal Services Corporation from its near destruction in the mid-1990's to it's current state as a thriving national bipartisan organization. It discusses the challenges brought by a conservative Congress. It explores the changes made by LSC in order to gain bipartisan support.

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Mainstreaming Community Development: Business Strategies As Radical Approaches To Community Representation, Daniel S. Shah Jan 2002

Mainstreaming Community Development: Business Strategies As Radical Approaches To Community Representation, Daniel S. Shah

Fordham Urban Law Journal

This article argues that law school clinics are a means of providing positive change in representation in community development. Through a detailed case analysis of the Philadelphia Community Development Credit Union, the article illustrates how most technical assistance providers perpetuate an economic development structure which is contrary to consumer demand. These technical assistance providers carry out the goals and plans of the project funders (a top down approach) rather than focusing on the demands of the consumers. Community development clinics can step outside of the current market structure because they receive funding from independent sources and are thus able to …

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Issues In Representing Immigrant Victims Jan 2001

Issues In Representing Immigrant Victims

Fordham Urban Law Journal

Panelist Emira-Habiby Browne, executive director of the Arab American Family Support Center discussed the misunderstood community of Arab women adn the cultural barriers they experience when they come to America and particularly when they become victims of domestic violence. Panelist Margaret Retter, Executive Director of Din Legal Center Inc., discussed the cultural obstacles that stand in the way of Jewish women who are being abused and the obstacles they face in getting out of that situation. Panelist Julie Dinnerstein, staff Immigration Attorney at the Sanctuary for Families, gave a nuts-and-bolts discussion on remedies available to immigrant battered women. She discussed …

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Adjourning Justice: New York State's Failure To Support Assigned Counsel Violates The Rights Of Families In Child Abuse And Neglect Proceedings, Sheri Bonstelle, Christine Schessler Jan 2001

Adjourning Justice: New York State's Failure To Support Assigned Counsel Violates The Rights Of Families In Child Abuse And Neglect Proceedings, Sheri Bonstelle, Christine Schessler

Fordham Urban Law Journal

This Comment evaluates New York City’s framework for assigning counsel to Family Court litigants, known as the 18-B system. Recognizing the lack of government support for 18-B attorneys, the author examines existing proposals to alter the Family Court system, and suggests a plan of action for a legislative task force. The Comment outlines the evolution of the assigned counsel system in New York and the history of child welfare policy, and discusses the roles of the Family Court attorneys, judges, and the legislature in maintaining adequate representation for parents. Next, the author examines the aspects of the Family Court and …

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Outing The Madman: Fair Housing For The Mentally Handicapped And Their Right To Privacy Versus The Landlord's Duty To Warn And Protect, Frederic White Jan 2001

Outing The Madman: Fair Housing For The Mentally Handicapped And Their Right To Privacy Versus The Landlord's Duty To Warn And Protect, Frederic White

Fordham Urban Law Journal

This article examines the serious potential for a clash between two sets of values: (1) the stated values of the Fair Housing Amendments Act of 1988, that persons handicapped within its terms should not be denied access to decent housing on that account, and that mentally handicapped tenants, especially those who may have, but do not necessarily possess, a propensity for violence, have privacy rights; and (2) the landlord’s responsibilities with respect to the safety needs of other tenants. The author addresses a number of policies, including those embodied in federal and state statutes relating to the rights of mentally …

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Lesbian, Gay, Bisexual, And Transgender Communities And Intimate Partner Violenec Jan 2001

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 …

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Overcoming Barriers In Communities Jan 2001

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 …

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