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Articles 181 - 210 of 258
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The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Legislative Issues Panel, Steven Epstein
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Legislative Issues Panel, Steven Epstein
Fordham Urban Law Journal
Each speaker is going to deliver some opening remarks followed by an open discussion with the audience. The Legislative Panel includes Alexander Forger, Dwight Loines, Dennis Saffran and Alan Houseman.
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Implementation Issues Panel, Staci Rosche
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Implementation Issues Panel, Staci Rosche
Fordham Urban Law Journal
A distinguished panel including Shirley Traylor, Jill Boskey, Valerie Bogart and Lucy Billings will describe how they have been directly affected in implementing the restrictions that have been handed down and how they have made their lives a little bit harder.
Municipal Liability For Failure To Investigate Citizen Complaints Against The Police, Hazel Glenn Beh
Municipal Liability For Failure To Investigate Citizen Complaints Against The Police, Hazel Glenn Beh
Fordham Urban Law Journal
This article briefly describe the emerging professionalism of law enforcement and, within this context, discuss the risks and benefits associated with current models for receiving and reviewing citizen complaints against police officers. Part IV discusses courts' application of the deliberate indifference standard to claims that a citizen complaint procedure is inadequate and summarizes litigation in several small and large communities employing the various models for complaint review. Additionally, Part IV examines the issues of proof raised in Canton and reinforced in Brown. The Article divides the cases by the models employed; however, the potential deficiencies in any model and the …
Constitutional Challenges To New York State's Death Penalty Statute, John M. Shields
Constitutional Challenges To New York State's Death Penalty Statute, John M. Shields
Fordham Urban Law Journal
New York State's death penalty statute is constitutionally flawed in many respects. It violates the state and federal prohibition against cruel and unusual punishment and provides unrestricted prosecutorial discretion to pursue the death penalty. This standardless and unfettered discretion creates the risk of arbitrary or discriminatory application of capital punishment.
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Foreword, Steven Epstein, Eric B. Fields, Jack E. Pace Iii, Staci Rosche
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Foreword, Steven Epstein, Eric B. Fields, Jack E. Pace Iii, Staci Rosche
Fordham Urban Law Journal
This article seeks to address issues of lawyering under Legal Services Corporation (LSC) restrictions . We organized the conference as part of Fordham's Advanced Seminar in Ethics and Public Interest Law. We comprised a student working group in the class who worked to organize the conference with the Legal Aid Society and the Stein Center for Ethics and Public Interest Law. The conference, held on May 30, 1997, brought together practitioners, academics, and law students to discuss the delivery of legal services under the federal restrictions. In the remarks that follow, participants address the issues germane to lawyering under the …
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Address: The Future Of Legal Services, Alexander D. Forger
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Address: The Future Of Legal Services, Alexander D. Forger
Fordham Urban Law Journal
This address focuses on what is the future of legal services? There will always be the ability to provide legal services for many of those in need. We are never going to reach all eligible clients or resolve all their problems. But it is essential to keep pressure on the federal government to play its essential role. How can it walk away from all of the mandates in our fundamental documents and leave it to charity to assume access to justice? There could be no more nobler cause with which to be associated, and no more dedicated and heroic figures …
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Constitutional Issues Panel, Matthew Diller
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Constitutional Issues Panel, Matthew Diller
Fordham Urban Law Journal
There have been three lawsuits brought that deal with these constitutional issues, two challenges to the Regulations and one opposition to a motion to withdraw, which was the VarshavskyI case that Valerie Bogart talked about. The decision in the Varshavsky case is outside. There is also a preliminary injunction decision from the case brought in Hawaii,2 of which Steve Shapiro is one of the counsel, and that decision is outside. And then, still pending is a decision on a preliminary injunction motion in a case called Velasquez,3 which was brought in the Eastern District of New York. Here to address …
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Ethics Issues Panel, Russell G. Pearce
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Ethics Issues Panel, Russell G. Pearce
Fordham Urban Law Journal
This panel focuses on the ethical issues relating to the restrictions, and speakers include Helaine Barnett, Emily Sack, Steve Ellmann and Stephen Gillers.
Opening Address For The Seventh Annual Stein Center Symposium On Contemporary Urban Challenges, Peter Edelman
Opening Address For The Seventh Annual Stein Center Symposium On Contemporary Urban Challenges, Peter Edelman
Fordham Urban Law Journal
This article is a published version of the opening address of Peter Edelman at the Seventh Annual Stein Center Symposium on Contemporary Urban Challenges, which identifies the challenges in lawyering to the poor and proposes approaches for lawyers to reduce poverty. Peter Edelman's speech challenges the private Bar to take on greater responsibility in helping to formulate policy that will work to eradicate the plight of the poor, calls for greater lawyer involvement in policy adaptation and implementation, identifies new roles that lawyers can and should play in helping to build and strengthen community institutions, and maintains that community building …
Lawyering For Poor Communities In The Twenty-First Century, Matthew Diller
Lawyering For Poor Communities In The Twenty-First Century, Matthew Diller
Fordham Urban Law Journal
This Symposium focuses on a renewed focus on community lawyering. Finding new ways to work with and engage poor communities is among the most important pieces of any new agenda for poverty law. By focusing on the goal of building community institutions and organizations, poverty lawyers can help poor communities in a number of vital ways. First, they can help communities create structures for the provision of services that government has failed to provide. Thus, poverty lawyers can provide much needed legal representation in the establishment of community-based housing, health care, day care and other programs that meet vital needs. …
Then And Now: The Commercial Practice Of Law For Over Fifty Years, Harold A. Segall
Then And Now: The Commercial Practice Of Law For Over Fifty Years, Harold A. Segall
Fordham Urban Law Journal
This article compares the practice of law in 1997 to the practice of law of the past. This article emphasizes the need, now more than ever, for monitoring the costs of legal services and for avoiding litigation. In this context, it is essential to delineate the responsibility of inside counsel and outside counsel and for each to have a close working relationship, where indicated, with the client-manager.
Attorneys And Social Workers Collaborating In Hiv Care: Breaking New Ground, Randye Retkin, Gary L. Stein, Barbara Hermie Draimin
Attorneys And Social Workers Collaborating In Hiv Care: Breaking New Ground, Randye Retkin, Gary L. Stein, Barbara Hermie Draimin
Fordham Urban Law Journal
This article identifies and analyzes the complex ethical and service questions that arise when attorneys and social workers collaborate on behalf of their clients. These issues include: client confidentiality; attorney-client privilege and client waiver of the privilege; identification of the primary client and multi-party representation; legal requirements versus ethical obligations appropriate division of professional responsibilities; case reviews and consultations; and models for combing law and social work practices This article is intended to increase the understanding of and respect for the contributions of both disciplines, promote dialogue among professionals, and enhance service collaborations where appropriate.
Changing Positions And Entrenched Polemics: A Brief History Of The Association To Benefit Children’S View On Pediatric Hiv Testing, Counseling, And Care, Colin Crawford
Fordham Urban Law Journal
In this Article, the author documents the trajectory of the Association to Benefit Children’s approach to pediatric HIV testing. Part I focuses on ABC’s lawsuit on behalf of children with HIV in New York and documents the settlement process, which resulted in allowing mothers to know the results of the HIV test results. Next, the author reflects on why the debate became as acrimonious as it did, and how that impeded the resolution of a satisfactory result for the widest number of people. Lastly, the author offers several lessons learned from the controversy surrounding the debate. Specifically, the debate over …
An Executive's Lesson In The Law From A Typical Business Encounter, Harold A. Segall
An Executive's Lesson In The Law From A Typical Business Encounter, Harold A. Segall
Fordham Urban Law Journal
This Article recommends that business executives consider potential legal problems when entering into business transactions. It argues that the American civil legal system is unsatisfactorily costly, slow and risky. The Article provides examples of the perils of litigation and explains that business executives can avoid these perils by anticipating potential legal problems. The Article argues that the successful business executive must find a way to balance an optimistic, entrepreneurial spirit with a lawyerlike way of considering potential future problems. Similarly, the proper role of a commercial lawyer is to provide judgment and practical advice, as well as legal expertise.
An Executive's Lesson In The Law From A Typical Business Encounter, Harold A. Segall
An Executive's Lesson In The Law From A Typical Business Encounter, Harold A. Segall
Fordham Urban Law Journal
This Article recommends that business executives consider potential legal problems when entering into business transactions. It argues that the American civil legal system is unsatisfactorily costly, slow and risky. The Article provides examples of the perils of litigation and explains that business executives can avoid these perils by anticipating potential legal problems. The Article argues that the successful business executive must find a way to balance an optimistic, entrepreneurial spirit with a lawyerlike way of considering potential future problems. Similarly, the proper role of a commercial lawyer is to provide judgment and practical advice, as well as legal expertise.
Automatic Stays And Governmental Operations: How New York State Protects The Government From The Poor, Jack E. Pace Iii
Automatic Stays And Governmental Operations: How New York State Protects The Government From The Poor, Jack E. Pace Iii
Fordham Urban Law Journal
This note discusses two New York state procedural rules that endanger the poor by giving special treatment to the defendant whom low income plaintiffs most often face in court. First, the New York Civil Practice Law and Rules ("CPLR") allows the government an automatic stay, pending appeal, of all proceedings to enforce an adverse judgment or order. Second, The New York Court of Appeals' "governmental operations" rule creates a presumption against certifying class actions when the challenged action is a governmental operation. The author argues that these rules unfairly limit the ability of poor people to recover against the government …
Is There A Doctrine In The House? Welfare Reform And The Unconstitutional Conditions Doctrine, Jonathan Romberg
Is There A Doctrine In The House? Welfare Reform And The Unconstitutional Conditions Doctrine, Jonathan Romberg
Fordham Urban Law Journal
This Article proposes that courts should subject unconstitutional conditions cases to intermediate scrutiny rather than presuming that a conditioned benefit is either valid or invalid based on its formal attributes. In conducting intermediate scrutiny, courts should consider: (i) the degree of equality or neutrality demanded by the underlying constitutional right; (ii) the importance of the benefit to the recipient; (iii) the germaneness of the condition to the reason the government may legitimately deny the benefit in the absence of the condition, and thus whether the government is attempting to use its economic and regulatory powers to gain leverage over a …
The Worst Of Times . . . And The Best Of Times: Lawyering For Poor Clients Today, Louise G. Trubek
The Worst Of Times . . . And The Best Of Times: Lawyering For Poor Clients Today, Louise G. Trubek
Fordham Urban Law Journal
This Essay describes three areas in which advocates have developed new models of practice and new forms of advocacy. It examines ways that lawyers and clients are collaborating to create more effective advocacy for battered women, low-income entrepreneurs and nonprofit community-based organizations that serve the poor. It describes how, why and where the new practices operate and analyzes the roots of the new approaches, showing that they can be traced to changes in lawyering theory and new visions of the lawyer-client relationship. The Essay assesses whether these models can be sustained and generalized, concluding that although the new approaches are …
Changing Legal Contexts For Affirmative Welfare Reform, Melville D. Miller, Jr.
Changing Legal Contexts For Affirmative Welfare Reform, Melville D. Miller, Jr.
Fordham Urban Law Journal
To test whether the block grant approach currently under consideration in Congress actually achieves the goal of providing states with the flexibility necessary to effect meaningful policy changes, this Essay contrasts the way two different reform proposals would be treated in the current legal and regulatory environment to the way they would likely fare under the proposed legislation. One proposal used in this analysis is a comprehensive welfare reform program, self-described as "progressive," that was developed by a community-based, grass roots coalition in New Jersey. The New Jersey reform proposal aims to improve outcomes for recipients, rather than simply to …
Report Of The Securities Industry Conference On Arbitration On Representation Of Parties In Arbitration By Non-Attorneys
Fordham Urban Law Journal
The following is a Report prepared by the Securities Industry Conference on Arbitration ("SICA" or "Conference") concerning non-attorney representation in arbitration. The report is the result of a study, conducted by SICA over the past two years, on the practices and activities of individuals and organizations ("Non-Attorney Representatives" or "NARs") that provide public customers an alternative to representation by attorneys in disputes between customers and broker/dealers. The study was prompted by complaints concerning the quality of such representation; and, raised questions as to whether the activities of NARs constituted the unauthorized practice of law, and whether the interests of investors …
Representation Of Parties In Arbitration By Non-Attorneys, Constantine N. Katsoris
Representation Of Parties In Arbitration By Non-Attorneys, Constantine N. Katsoris
Fordham Urban Law Journal
The issue of the representation of clients in legal or quasi legal proceedings by non-attorneys has been a troubling one. Not only are such services being offered by non-attorneys in the form of transactional services, i.e., advising, drafting deeds and documents, etc., but has spread to actual representation of parties before administrative agencies. Moreover, as more and more disputes are being resolved through alternative dispute mechanisms, such as arbitration, non-attorneys are also representing clients in such proceedings in civil litigation-often involving complex issues and significant sums of money-against other litigants who are usually represented by skilled attorneys. The ABA recently …
Are Executions In New York Inevitable?, Ronald J. Tabak
Are Executions In New York Inevitable?, Ronald J. Tabak
Fordham Urban Law Journal
This article is an edited trascription of a program considering whether executions in New York State are inevitable. Shortly after the program a law was enacted to this effect, however, Mr. Tabak argues that the law is so badly flawed that it may not survive judicial scrutiny. Present on the panel were Barbara Paul Robinson, John Cardinal O'Connor, Dean John Feerick, Archibald Murray, Thomas McDermott, Lee Grant, Cessie Alfonso and George Kendall.
Trying To Fit Square Pegs Into Round Holes: The Need For A New Funding Scheme For Kinship Caregivers, Randi Mandelbaum
Trying To Fit Square Pegs Into Round Holes: The Need For A New Funding Scheme For Kinship Caregivers, Randi Mandelbaum
Fordham Urban Law Journal
This article discusses the inadequacy of the current welfare system in meeting the needs of so-called "kinship caregivers." It summarizes the provisions of the two major programs for these individuals - the Aid to Families with Dependent Children fund, and the Adoption Assistance and Child Welfare Act. It explains the difficulty for kinship caregivers under these systems, and outlines a proposed legislative solution whereby individuals in nontraditional family structures could more easily qualify for welfare.
The Privatizing Of Public Wealth, Kary L. Moss, Esq.
The Privatizing Of Public Wealth, Kary L. Moss, Esq.
Fordham Urban Law Journal
This Article examines the emergence of the problem of corporate welfare, and identifies and discusses various legal solutions. It identifies state and local governments, in conjunction with unions, workers and community organizations, as the appropriate actors to reform a system which has become an abuse of public trust and the general welfare. Part I of this Article examines the emergence of the tax abuse phenomenon and documents its impact on local economies in this country. Part II discusses the legal scheme which frames the various legal strategies that have been employed by communities to challenge subsidy arrangements. Part III identifies …
Politics And The Death Penalty: Can Rational Discourse And Due Process Survive The Perceived Political Pressure?, Norman Redlich
Politics And The Death Penalty: Can Rational Discourse And Due Process Survive The Perceived Political Pressure?, Norman Redlich
Fordham Urban Law Journal
This article is a transcript from a program sponsored by the American Bar Association Section of Individual Rights and Responsibilities entitled, “Politics and the Death Penalty: Can Rational Discourse and Due Process Survive the Perceived Political Pressure?” In it, Norman Redlich, former Dean of New York University Law School, James Coleman, Shabata Sundiata Waglini, Attorney General Ernest Preate, Jr., Bryan Stevenson, Executive Director of the Alabama Capital Representation Resource Center, journalist Nat Hentoff, New York State Assemblywoman Susan John, and Chief Justice Exum of the North Carolina Supreme Court discuss the issue of the death penalty in America. Redlich discusses …
Environmental Justice Litigation: Another Stone In David’S Sling, Luke W. Cole
Environmental Justice Litigation: Another Stone In David’S Sling, Luke W. Cole
Fordham Urban Law Journal
This Article attempts to synthesize some of the lessons environmental justice lawyers have learned, in order to offer a practitioner’s perspective on environmental justice cases. The author’s ambition in setting out these lessons is to allow community groups and attorneys entering the struggle to learn from mistakes, emulate successes, and avoid re-inventing the wheel. Without addressing the strategic and tactical drawbacks of litigation, this Article assumes that a community group has decided to pursue litigation. This Article will only discuss siting cases, as siting disputes have been the primary context for environmental justice litigation thus far. The Article proposes a …
The Question Of Risk: Incorporating Community Perceptions Into Environmental Risk Assessments, James S. Freeman, Rachel D. Godsil
The Question Of Risk: Incorporating Community Perceptions Into Environmental Risk Assessments, James S. Freeman, Rachel D. Godsil
Fordham Urban Law Journal
The environmental justice movement has seen some successes. After years of neglect, the federal government and several states are directing legislative and executive efforts towards reforming siting processes and remedying discriminatory enforcement of environmental regulations. Community opposition in general has proved to be quite powerful in some instances. Since the passage of the Resource Conservation and Recovery Act in 1976, there has been only one new siting of a hazardous waste landfill and few new sitings of hazardous waste incinerators. To a lesser extent, municipal solid waste and medical waste incinerators have also been successfully blocked or delayed. However, certain …
Protecting Endangered Communities, Clarice E. Gaylord, Geraldine W. Twitty
Protecting Endangered Communities, Clarice E. Gaylord, Geraldine W. Twitty
Fordham Urban Law Journal
Nontraditional environmentalists are struggling to protect and preserve communities, both urban and rural, that have become threatened by constant, multiple exposures to toxic air, contaminated water, and pesticide-ridden and chemical-laden soils. Numerous reports, including a 1992 study by the United States Environmental Protection Agency, have suggested that people of color and low income communities have been, for decades, the unwilling recipients of numerous hazardous waste sites, incinerators, chemical factories, and sewage treatment plants. Historically, these communities often lacked the essential resources necessary to oppose sitings of potentially hazardous facilities: money, organization, and political voice. Land in these communities is usually …
Pushing The Law To Encompass The Reality Of Our Families: Protecting Lesbian And Gay Families From Eviction From Their Homes -- Braschi's Functional Definition Of "Family" And Beyond, Paris R. Baldacci
Fordham Urban Law Journal
No abstract provided.
S.P. V. Sullivan: The Effort To Broaden The Social Security Administration's Definition Of Aids, Theresa M. Mcgovern
S.P. V. Sullivan: The Effort To Broaden The Social Security Administration's Definition Of Aids, Theresa M. Mcgovern
Fordham Urban Law Journal
No abstract provided.