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Fordham Urban Law Journal

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Confronting Same-Sex, Student-To-Student Sexual Harassment: Recommendations For Educators And Policy Makers, Thomas A. Mayes Jan 2001

Confronting Same-Sex, Student-To-Student Sexual Harassment: Recommendations For Educators And Policy Makers, Thomas A. Mayes

Fordham Urban Law Journal

Student-on-student sexual harassment has been the subject of significant scholarly commentary and numerous court battles. In light of the United States Supreme Court's decision in Davis v. Monroe County Board of Education, which held that in certain cases students have a cause of action under Title IX against schools for peer sexual harassment, many schools have been advised to consider responses to and ways to prevent student-on-student sexual harassment. When considering corrective and preventative approaches to peer sexual harassment in the schools, educators and policy makers should strongly consider addressing same-sex harassment. Prior to its decision in Davis, a unanimous …

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Forgiveness And The Law - A Redemptive Opportunity, Douglas B. Ammar Jan 2000

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.

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Women, Children And Domestic Violence: Current Tensions And Emerging Issues Jan 2000

Women, Children And Domestic Violence: Current Tensions And Emerging Issues

Fordham Urban Law Journal

A symposium in which the conference speakers give a clear and disturbing picture of how we ascribe a kind of omnipotence to mothers vis-a-vis their children. If children are hurt, it is assumed that those at fault must be the mothers, and they are likely to be blamed even when it is the father who strikes the blows, lands the punchers or terrifies the child. Somehow, we imagine they should have been able to snatch the children out of harms way. The answer to this problem ultimately lies in making sure the ways victims of domestic violence think about their …

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The Role Of The Law Guardian In A Custody Case Involving Domestic Violence, Nancy S. Erickson Jan 2000

The Role Of The Law Guardian In A Custody Case Involving Domestic Violence, Nancy S. Erickson

Fordham Urban Law Journal

A law guardian for a child has an extremely difficult job, one that arguably requires a higher degree of diligence than that of an attorney representing a competent adult. Yet, under New York law, the role of the law guardian for a child involved in a custody is not clearly defined. When domestic violence is involved, the law guardian's role becomes crucial. The role of the law guardian for a child in a custody case involving domestic violence has been expanded as a result of the enactment of chapter 85 of the 1996 Laws of New York. This article outlines …

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The Uccjea: What Is It And How Does It Affect Battered Women In Child-Custody Disputes, Joan Zorza Jan 2000

The Uccjea: What Is It And How Does It Affect Battered Women In Child-Custody Disputes, Joan Zorza

Fordham Urban Law Journal

The Uniform Child-Custody Jurisdiction and Enforcement Act ("UCCJEA") is the revised version The Uniform Child Custody Jurisdiction Act ("UCCJA"), which states are now being asked to adopt immediately in its stead. The UCCJA was the original model act for states to determine when they have jurisdiction to decide a custody case and when they must give full faith and credit to the custody decrees of other states. When the National Conference of Commission on Uniform State Laws ("NCCUSL") wrote the UCCJA in 1968, it sought to correct two major problems of its day: child abductions by family members and jurisdiction …

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Rebellious Or Regnant: Police Brutality Lawyering In New York City, Jessica A. Rose Jan 2000

Rebellious Or Regnant: Police Brutality Lawyering In New York City, Jessica A. Rose

Fordham Urban Law Journal

The author encourages progressive lawyers of New York City to adopt a more rebellious form of practice to combat police brutality while empowering the client and community. This comment analyzes legal representation of New York police brutality victims through the perspective of Professor Gerald Lopez's theory of rebellious lawyering. The comment first describes rebellious lawyering and includes criticism and discussion of other related theories. Next, the author discusses leading methods of representation used in New York City in police brutality cases and the regnant and rebellious characteristics of each method. The author finds that a more creative and rebellious method …

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Charging Battered Mothers With "Failure To Protect": Still Blaming The Victim Jan 2000

Charging Battered Mothers With "Failure To Protect": Still Blaming The Victim

Fordham Urban Law Journal

Domestic violence harms children and families. In the past several years, efforts to recognize this harm have led to the passage of new state laws that allow for concurrent criminal and family court jurisdiction in domestic violence cases, mandate arrest in domestic violence situations and require courts to consider domestic violence as a factor in custody decisions. Unfortunately, the heightened awareness of the harm domestic violence causes children has also resulted in a punitive policy towards battered women in the child welfare system. Increasingly in New York City, abuse and neglect proceedings are brought against battered mothers. Their children are …

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The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes, Anna M. Taruschio Jan 2000

The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes, Anna M. Taruschio

Fordham Urban Law Journal

The dual principles of promoting the marketplace of ideas and protecting individual autonomy lie at the core of the First Amendment. When the government assumes an affirmative role by opening opportunities for public speech, it places individuals' negative liberties, such as the right not to speak, at risk. This conflict cannot be avoided by analyzing compelled speech outside of the First Amendment; the autonomy promised by the Bill of Rights and repeatedly affirmed by Supreme Court jurisprudence protects the right not to speak. Scholars, jurists, and practitioners therefore should pay close attention to the right not to speak when the …

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Forgiveness And The Law - A Redemptive Opportunity, Douglas B. Ammar Jan 2000

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.

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Lawyering For Social Change, Karen L. Loewy Jan 2000

Lawyering For Social Change, Karen L. Loewy

Fordham Urban Law Journal

This Note explores the significance, legitimacy and methodology of lawyering for social change. It begins by examining lawyers' motives for entering into such work and the theoretical approaches toward political lawyering and the methodologies employed to effect change. It raises the question of whether it is justifiable for a lawyer to drive social change specifically considering his unique access to the legal system. The Note concludes that it is entirely legitimate for a lawyer to engage in work for social change in order to ensure that the rights of all people are protected whether through litigation, public education seminars, rallies, …

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Our Drug Laws Have Failed - So Where Is The Desperately Needed Meaningful Reform?, David C. Leven Jan 2000

Our Drug Laws Have Failed - So Where Is The Desperately Needed Meaningful Reform?, David C. Leven

Fordham Urban Law Journal

The article begins by stating that the harsh drug laws of New York have failed to have an effect on the amount of drug dealers and instead have led to overcrowding of prisons with non-addict drug users. It states that the laws must be modified to give greater sentencing to judges, increasing diversion of non-violent offenders to rehabilitation. The article then delineates the problems resulting from current drug law and the criticism thereof. It then states the attempted reforms of drug laws that have been insufficient. The article concludes by suggesting proposals to solve the problems delineated, including proportionate sentences, …

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Marriage: Winning And Keeping The Freedom To Marry Nationally And In New York, Evan Wolfson, Peter Sherwin, Tim Sweeney, Patty Penelosa Jan 1999

Marriage: Winning And Keeping The Freedom To Marry Nationally And In New York, Evan Wolfson, Peter Sherwin, Tim Sweeney, Patty Penelosa

Fordham Urban Law Journal

This discussion focuses specifically on how the LGBT community can win the freedom to marry-both nationally and in New York. The panelists discussed the state of the law in New York State, with focus on both legislation and court precedent. The panelists discussed strategies for activity in the state legislature and outreach to the non-LGBT community. Finally, the panelists discussed potential signatories to the Marriage Resolution and how different groups are conducting outreach to attain support for the Resolution.

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An Individual Approach To Suburban Racial Discrimination, Paul Boudreaux Jan 1999

An Individual Approach To Suburban Racial Discrimination, Paul Boudreaux

Fordham Urban Law Journal

The traditional model explaining racial discrimination has blamed discrimination by institutional actors in the housing industry and government. The author argues that this model ignores the individual preference factors that contribute to segregation. The replication of segregation in expanding suburban jurisdictions of metropolitan areas and the traditional legal responses are examined, as well as the implications of African American suburban migration. The author questions the adequacy of the traditional model by looking at the individual preference factors of both whites and African Americans that contribute to the replication of segregation in suburbs. The author notes that there is no method …

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Can A Religious Person Be A Big Firm Litigator? , Amelia J. Uelmen Jan 1999

Can A Religious Person Be A Big Firm Litigator? , Amelia J. Uelmen

Fordham Urban Law Journal

This Essay takes on the challenge of describing some of the ways in which values often defined as "personal" or "religious" can be integrated into the practice of law at a large firm. Part I describes some of the aspects of big firm practice that make it particularly difficult to integrate religious and personal values which may give meaning to one's work. Part II suggests that such meaning can be found through a religious vision of what it means to be a person, which includes a sense of obligation to serve the common good. Part III explores how this concept …

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Civil Disturbances: Battles For Justice In New York City Jan 1999

Civil Disturbances: Battles For Justice In New York City

Fordham Urban Law Journal

This Collection contains a number of essays that are a part of Civil Disturbances, a collaborative project between artists and lawyers that commemorates various public interest law suits and social justice efforts in New York City. The project itself consists of twenty signs, each representing one specific case, that were designed to be both provoking and informative. This specific Collection contains printings of eight of the signs, as well as separate writings on issues and cases including: disabled people's accessibility to the Empire State Building, child welfare, children's rights, women and the FDNY, rights of the homeless, and welfare benefits. …

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Roundtable Discussion: Where Do We Go From Here? Lesbian, Gay, Bisexual And Transgendered Civil Rights Into The Next Millennium, Hon. Deborah A. Batts, Matt Coles, Paula Ettelbrick, Evan Wolfson Jan 1999

Roundtable Discussion: Where Do We Go From Here? Lesbian, Gay, Bisexual And Transgendered Civil Rights Into The Next Millennium, Hon. Deborah A. Batts, Matt Coles, Paula Ettelbrick, Evan Wolfson

Fordham Urban Law Journal

This roundtable discussion focuses on the identification of goals and priorities for the LGBT community, particularly in the political arena. The panelists discuss the challenges of the legislative process, as well as the educational value of legislative activism in the community. Finally, they discuss the variety of strategies used by different groups, and explored ways of working together for future political battles.

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Sexual/Gender Identity In The Criminal Courts, Alexis Baden-Mayer, Hon. Paul G. Feinman, Lori Cohen, Hon. Michael A. Sonberg Jan 1999

Sexual/Gender Identity In The Criminal Courts, Alexis Baden-Mayer, Hon. Paul G. Feinman, Lori Cohen, Hon. Michael A. Sonberg

Fordham Urban Law Journal

This discussion focuses on the criminal justice system, particularly where LGBT individuals are currently being harmed, both by the courts, enforcement, and the system generally. The panelists identified the major harms, and explored ways to eliminate them from the system. The discussion specifically focused on the limitations of domestic violence programs, and the challenges they pose to the community. The panelists also discussed the significance of HIV in criminal justice decision making.

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Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico Jan 1999

Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico

Fordham Urban Law Journal

The amended Home Mortgage Disclosure Act (HMDA), updated in 1991, required lenders to disclose information regarding the number of applications received, the race and income of applicants, the location of the property for which the loan was sought, and the disposition of each application. This article studies the expanded HMDA's impact on conventional home mortgage lending in the New York City metropolitan area from 1991 until 1998. The author first examines ways to determine whether the disclosure of expanded HDMA data in 1991 influenced private lenders allocation of credit in the New York City metropolitan area. The release of data …

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Is Sexual Orientation Immutable?: Presenting Scientific Evidence In Litigation To Gain Strict Scrutiny, Dan Brook, Suzanne Goldberg, Kate Diaz Jan 1999

Is Sexual Orientation Immutable?: Presenting Scientific Evidence In Litigation To Gain Strict Scrutiny, Dan Brook, Suzanne Goldberg, Kate Diaz

Fordham Urban Law Journal

The panelists discussed the issue of immutability. Professor Goldberg explored the legal landscape, the use of scientific evidence related to immutability at trial, with a particular focus on Romer v. Evans, and critiqued the use of science-based immutability evidence in litigation. Dr. Brook looked at a number of studies in the etiology of homosexuality, and concluded that the best method of determining immutability scientifically is looking at studies that seek to determine if, and how easily, sexuality can be changed. Finally, Ms. Diaz discussed the political economy of theories of homosexuality, looking at the examples of the political economy and …

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Gender Theory And Lesbian, Gay, Bisexual And Transgendered Empowerment, Cynthia R. Kern, Paisley Currah, Dana Turner, Katherine Franke Jan 1999

Gender Theory And Lesbian, Gay, Bisexual And Transgendered Empowerment, Cynthia R. Kern, Paisley Currah, Dana Turner, Katherine Franke

Fordham Urban Law Journal

The panelists discussed the landscape of the law and societal conditions faced by transgendered individuals. They discussed the role of gender, as well as strategic errors in transgendered activism and the unique challenges that transgendered individuals face in the United States. Finally, the Price Waterhouse v. Hopkins decisions was discussed in the context of Title VII protections for transgendered individuals.

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Sticks And Stones: The Nexis Between Hate Speech And Violence, Jack Chen, Laura Edidin, Brian Levin, Jack Battaglia Jan 1999

Sticks And Stones: The Nexis Between Hate Speech And Violence, Jack Chen, Laura Edidin, Brian Levin, Jack Battaglia

Fordham Urban Law Journal

The panelists discussed hate speech and how it relates to bias crimes. Examples were given of hate speech experienced by people of LGBT and HIV status. Panelists discussed legislative activity in different states, how hate crime legislation works, Supreme Court speech jurisprudence, and about pending Congressional legislation that sought to include sexual orientation. Finally, the panel focused on hate speech on campuses, including legal developments, responsibility, and remedies.

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Name Reporting And Partner Notification Legislation, Catherine Hanssens, Matthew Carmody, Haley Gorenberg, Mildred Pinot Jan 1999

Name Reporting And Partner Notification Legislation, Catherine Hanssens, Matthew Carmody, Haley Gorenberg, Mildred Pinot

Fordham Urban Law Journal

The panelists discussed the issues of names-based HIV reporting and partner notification. The discussion focused on why names reporting became such an important and controversial issue. The Centers for Disease Control and Prevention waged an aggressive campaign in states to institute a national system of HIV test reporting, arguing that it is essential to get a more accurate picture of the epidemic and facilitate individual follow-up. The panelists assessed the pros and cons of this program. Name reporting and partner notification under New York law were also addressed. Finally, the panelists provided discussion on how those contemplating getting tested or …

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Section 60.41 Of The New York Criminal Procedure Law: The Sexual Assault Reform Act Of 1999 Challenges Molineux And Due Process, Brooks Holland Jan 1999

Section 60.41 Of The New York Criminal Procedure Law: The Sexual Assault Reform Act Of 1999 Challenges Molineux And Due Process, Brooks Holland

Fordham Urban Law Journal

The 1999 Sexual Assault Reform Act of 1999 proposed the addition of section 60.41 to Article 60 of the New York Criminal Procedure Law to allow prosecutors in sexual assault prosecutions to introduce evidence of a defendant's previous commission of any "offense or offenses of sexual assault.., on any matter to which it is relevant, including the defendant's propensity to commit an offense of sexual assault or the credibility of the alleged victim of the sexual assault . ." The author argues that this law would upset a century of New York law under the Molineux rule, which holds that …

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Religion And The Public Defender, Sadiq Reza Jan 1999

Religion And The Public Defender, Sadiq Reza

Fordham Urban Law Journal

This essay argues that the public defender should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional responsibility, except for imminent death or serious bodily harm to another. Having accepted the responsibility of representing indigent criminal defendants, the public defender is duty-bound to not compromise that responsibility for competing religious obligations. This argument rests on four premises: (1) the public defender occupies a unique position in our legal system, and options available to private interest lawyers or other clients should not …

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A Trial Judge's Perspective - Promoting Justice And Fairness While Protecting Privilege, Honorable Marian Blank Horn Jan 1999

A Trial Judge's Perspective - Promoting Justice And Fairness While Protecting Privilege, Honorable Marian Blank Horn

Fordham Urban Law Journal

This Article discusses the topic of privileged communications and ethics in the courtroom. The Article offers the unique perspective of a trial judge and his courtroom interactions with lawyers and witnesses alike. It discusses cases relating to established courtroom privileges, such as marriage, attorney/client and priest/penitent, as well as qualified privileges such as the journalism privilege. Further, it discusses the potential for new or novel privileges, such as the accountant/auditor-client work product privilege and the academic peer review privilege. Finally, the Article lays out suggestions for trial judges for how to best utilize the privilege rules while simultaneously promoting fairness …

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Damned To The Inferno? A New Vision Of Lawyers At The Dawning Of The Millennium, Robert J. Cosgrove Jan 1999

Damned To The Inferno? A New Vision Of Lawyers At The Dawning Of The Millennium, Robert J. Cosgrove

Fordham Urban Law Journal

This Article seeks to explain the negative perception the legal profession and lawyers have in the eyes of the American public. Disregarding common answers such as the disproportionate amount of influence lawyers have or high salaries and extravagant lifestyles, this Article argues that a cultural shift has led many Americans to see the law as an arbitrary device. Consequently, this belief is reinforced by lawyers and and perpetuated by law schools, leading to the negative perception of the legal profession. In the process, the Article addresses five main issues: the definition and purpose of the law, the republican theory of …

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Securities Arbitration: A Clinical Experiment, Constantine N. Katsoris Jan 1998

Securities Arbitration: A Clinical Experiment, Constantine N. Katsoris

Fordham Urban Law Journal

This Article discusses the use of non-attorneys in representing such clients, as well as pro se representation by such claimants. It then describes the efforts of the Securities and Exchange Commission ("SEC") to ensure that such claimants have access to adequate and effective representation through the use of law school clinics. Finally, this Article raises numerous issues that must be considered before establishing such clinics, and concludes that proper planning and adjustment is necessary for a successful clinical program.

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To Profit Or Not-To-Profit: An Examination Of Executive Compensation In Not-For-Profit Organizations Contracting With New York City Jan 1998

To Profit Or Not-To-Profit: An Examination Of Executive Compensation In Not-For-Profit Organizations Contracting With New York City

Fordham Urban Law Journal

This report examined the compensation practices of not-for profit (NFP) organizations that have contracts with New York City.It reports the compensations statistics for NFP's contracting with the city. It also reports that many of these organizations did not comply with the regulations requiring public access to NFP's Annual Returns.

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The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Opening Remarks, John D. Feerick Jan 1998

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Opening Remarks, John D. Feerick

Fordham Urban Law Journal

Opening Remarks to "The Future of Legal Services: Legal and Ethical Implications of the LSC Restrictions"

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The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Address: Interpretations Of Lsc Restrictions, Matthew Diller, Alan W. Houseman Jan 1998

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Address: Interpretations Of Lsc Restrictions, Matthew Diller, Alan W. Houseman

Fordham Urban Law Journal

The purpose of this talk is to set a framework for the discussions on the four panels. I will begin by discussing what has happened in the 104th Congress, describe what can and cannot be done under the restrictions imposed by that Congress, and then frame the context for the later discussions.

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