Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Fordham Urban Law Journal

Discipline
Keyword
Publication Year

Articles 91 - 120 of 258

Full-Text Articles in Entire DC Network

Restoring Legal Aid To The Poor: A Call To End Draconian And Wasteful Restrictions, Rebekah Diller, Emily Savner Jan 2009

Restoring Legal Aid To The Poor: A Call To End Draconian And Wasteful Restrictions, Rebekah Diller, Emily Savner

Fordham Urban Law Journal

A growing number of national, state, and local voices have called for reform of the legal services restrictions. Reports by Access to Justice and legal services commissions in eighteen states have identified the restrictions as substantial barriers to justice.Others have spoken out about the harms of the restrictions, and particularly their application to non-LSC funds. Describing a lawsuit filed by Oregon against the “program integrity rule,” Governor Ted Kulongoski said: “The important point is that for the first time a state is now party to a suit that attempts to free Legal Aid from restrictions that serve no purpose other …

Go to article

Labor's Wage War, Catherine K. Ruckelshaus Jan 2008

Labor's Wage War, Catherine K. Ruckelshaus

Fordham Urban Law Journal

MISSING

Go to article

Adr And Litigation Involving Social Problems, Steven Banks Jan 2008

Adr And Litigation Involving Social Problems, Steven Banks

Fordham Urban Law Journal

This Article addresses remarks of the Corporation Counsel of the City of New York, Michael Cardozo, regarding the use of ADR in legal disputes involving municipal government. It also highlights the special responsibilities of class counsel in the ADR context in class action litigation on behalf of vulnerable families and individuals. Specifically, the Article addresses ADR resolutions in Sheppard v. Phoenix, No. 91 Civ. 4148(RPP), 1998 WL 397846 (S.D.N.Y. July 16, 1998), Marisol v. Giuliani, 185 F.R.D. 152 (S.D.N.Y. 1992), and McCain v. Dinkins, 84 N.Y.2d 216 (1994). The Article concludes with a discussion of ADR in the context of …

Go to article

The Attorney-Client Privilege Protection Act: The Prospect Of Congressional Intervention Into The Department Of Justice's Corporate Charging Policy, Andrew Gilman Jan 2008

The Attorney-Client Privilege Protection Act: The Prospect Of Congressional Intervention Into The Department Of Justice's Corporate Charging Policy, Andrew Gilman

Fordham Urban Law Journal

This Note analyzes the Privilege Protection Act, focusing on how it might change corporate white-collar prosecutions. Part I of this Note explores the mechanics of the corporate privilege, the development of the DOJ's waiver policy, and the structure of the Privilege Protection Act. Part II addresses the conflicting views on whether the Privilege Protection Act will bolster corporate attorney-client privilege, provide for the effective and efficient prosecution of white-collar crime, and promote ethical prosecutorial practices. Finally, Part III argues that the Privilege Protection Act is a misguided attempt to correct a greater systemic problem with the corporate attorney-client privilege and …

Go to article

Finding The Synergy Between Law And Organizing: Experiences From The Streets Of Los Angeles, Victor Narro Jan 2008

Finding The Synergy Between Law And Organizing: Experiences From The Streets Of Los Angeles, Victor Narro

Fordham Urban Law Journal

MISSING

Go to article

Binational Guestworker Unions: Moving Guestworkers Into The House Of Labor, Jennifer Hill Jan 2008

Binational Guestworker Unions: Moving Guestworkers Into The House Of Labor, Jennifer Hill

Fordham Urban Law Journal

MISSING

Go to article

No Scrutiny Whatsoever: Deconstitutionalization Of Poverty Law, Dual Rules Of Law, & Dialogic Default, Julie Nice Jan 2008

No Scrutiny Whatsoever: Deconstitutionalization Of Poverty Law, Dual Rules Of Law, & Dialogic Default, Julie Nice

Fordham Urban Law Journal

No abstract provided.

Go to article

Hazelwood V. Kuhlmeier And The University: Why The High School Standard Is Here To Stay, Christopher N. Lavigne Jan 2008

Hazelwood V. Kuhlmeier And The University: Why The High School Standard Is Here To Stay, Christopher N. Lavigne

Fordham Urban Law Journal

In Hazelwood School District v. Kuhlmeier, the Supreme Court evaluated the administrative control of a high school newspaper and held that public school officials could control speech in school-sponsored activities if they did so for legitimate pedagogical reasons. While the Court reserved the question of whether this standard should be applicable at the university level, various federal circuit courts have since applied this speech-restrictive standard to student speech at colleges and universities. In light of these circuit court opinions, there has been considerable debate about whether and to what extent the Hazelwood framework should apply to college and university students. …

Go to article

English Reforms To Judicial Selection: Comparative Lessons For American States? , Judith L. Maute Jan 2007

English Reforms To Judicial Selection: Comparative Lessons For American States? , Judith L. Maute

Fordham Urban Law Journal

This article offers a brief comparative look at American and British jurisprudential pending selection reforms, and argues that American states could improve their appointive systems by incorporating modern personnel recruitment and hiring practices. To restore public confidence in the courts, people must believe that judges exercise legitimate authority, undistorted by personal or partisan preferences. Beyond changes to the structural selection process in the Constitutional Reform Act, the extended conversations are bringing about foundational cultural shifts in the role of judges and their manner of selection. We could learn much from Britain’s modernized appointive system that aims to be open, transparent, …

Go to article

Poverty Law And Civil Procedure: Rethinking The First-Year Course, Helen Hershkoff Jan 2007

Poverty Law And Civil Procedure: Rethinking The First-Year Course, Helen Hershkoff

Fordham Urban Law Journal

This Essay argues that poverty and inequality issues should be integrated into first-year civil procedure courses. It examines what framework could be achieved to examine these issues in a civil procedure context. And finally, it connects the author's proposed approach with the broader mission of legal education.

Go to article

Re-Conceptualizing Poverty Law Clinical Curriculum And Legal Services Practice: The Need For Generalists, Jonel Newman Jan 2007

Re-Conceptualizing Poverty Law Clinical Curriculum And Legal Services Practice: The Need For Generalists, Jonel Newman

Fordham Urban Law Journal

This Essay argues that law schools should adopt a program for training more legal generalists, especially in the field of poverty law. Furthermore, poverty law clinics should be the vehicle used to train these generalists.

Go to article

Appointing Judges The European Way, Mary L. Volcansek Jan 2007

Appointing Judges The European Way, Mary L. Volcansek

Fordham Urban Law Journal

This Article looks at methods of judicial selection in Europe as a way to contrast and perhaps better understand and improve the systems of judicial selection used in the United States. The article argues that in Europe, judicial independence is prized above and beyond any other possible positive trait. The democratic legitimacy of European judges derives from the intimate connection between democracy and the rule of law. Legitimacy does not attach, in the public eye, to a single political institution, but rather to the system as a whole.

Go to article

A Home Of Its Own: The Role Of Poverty Law In Furthering Law Schools' Mission, Marie A. Fallinger Jan 2007

A Home Of Its Own: The Role Of Poverty Law In Furthering Law Schools' Mission, Marie A. Fallinger

Fordham Urban Law Journal

This essay argues that poverty law can and should be a part of the law school curriculum. If the law school believes it mission to be creating "1) lawyers as public citizens and leaders; 2) lawyers as skilled technicians of the law; 3) lawyers as skilled counselors; 4) lawyers as advocates on behalf of a cause in legal institutions; and 5) lawyers as transformational partners with the poor" then poverty law instruction is vital.

Go to article

Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly Moran, Stephanie M. Wildman Jan 2007

Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly Moran, Stephanie M. Wildman

Fordham Urban Law Journal

This Article attempts to demonstrate that legal and racial disparities are taken into account in legal decisions and throughout the legal system, despite people's belief and hope that the law is color and wealth blind. Furthermore, this Article demonstrates that race has always affected U.S. law and the legal system. Finally, prominent examples of race-and-class-neutral law are not neutral at all, but include some inherent biases.

Go to article

Poverty, Inequality, And Class In The Structural Constitutional Law Course, Stephen Loffredo Jan 2007

Poverty, Inequality, And Class In The Structural Constitutional Law Course, Stephen Loffredo

Fordham Urban Law Journal

This Article argues that poverty and income inequality issues should be taught in a constitutional law course. Furthermore, it argues that these issues should not only be considered when discussing due process, equal protection, the First Amendment, but in also within the context of structural constitutional law, i.e. separation of powers and federalism.

Go to article

Community Development Clinics: What Does Poverty Have To Do With Them?, Alicia Alvarez Jan 2007

Community Development Clinics: What Does Poverty Have To Do With Them?, Alicia Alvarez

Fordham Urban Law Journal

This Essay argues that in a legal community development clinic, professors should "do more than teach students to be good transactional lawyers." Legal clinic professors should "focus their efforts on the elimination and reduction of poverty."

Go to article

The Pendulum Swings Back: Poverty Law In The Old And New Curriculum, Martha Davis Jan 2007

The Pendulum Swings Back: Poverty Law In The Old And New Curriculum, Martha Davis

Fordham Urban Law Journal

This Essay seeks to answer the question "'What is Poverty Law'?" It does this in two parts. First, it examines the surge in property law courses in the 1960's and 70's and "the purpose these early courses were intended to serve." In the second section the Essay asks and the author asks "what the history suggests about poverty law in the law school curriculum today and in the future."

Go to article

Large Law Firms And Their Role In The Educational Continuum Of Lawyers, Paula A. Patton Jan 2005

Large Law Firms And Their Role In The Educational Continuum Of Lawyers, Paula A. Patton

Fordham Urban Law Journal

This Article examines the ways in which large law firms have served as educators. Furthermore, the Author considers how law firm efforts as educators might be enhanced. The paper looks at the necessity for law firms to continue to educate their associates and the motivation for associate training. The author proposes that law firms must embrace comprehensive strategies that impart performance standards, benchmarks, and core competencies through experiential training.

Go to article

Legal Education After Law School: Lessons From Scotland And Englan, Clark D. Cunningham Jan 2005

Legal Education After Law School: Lessons From Scotland And Englan, Clark D. Cunningham

Fordham Urban Law Journal

This Article addresses the issue of the needed collaboration between law schools and law firms about legal education after law school. The author proposes pilot projects be launched to increase collaboration between legal academics and law firms in the provision of legal education after law school. The Article suggests that the programs emulate the close partnerships that exist between the legal academy and legal profession in England and Scotland. The Article acknowledges why the training of lawyers is different now than in the past. The author compares the American law firm training programs with the post school education that takes …

Go to article

Should We Mandate Doing Well By Doing Good?, Lawrence J. Fox Jan 2005

Should We Mandate Doing Well By Doing Good?, Lawrence J. Fox

Fordham Urban Law Journal

This Article looks at Pro Bono work at the top large law firms. The Author examines the pro bono commitment of America's most financially successful firms. The Article describes the contradiction between how the firms present themselves on pro bono work and what they actually accomplish. The Author believes the solution to this situation is mandatory pro bono. The Article proposes that the rules of professional conduct should require pro bono work.

Go to article

Professional Challenges In Large Firm Practice, Bruce A. Green Jan 2005

Professional Challenges In Large Firm Practice, Bruce A. Green

Fordham Urban Law Journal

This foreword introduces the idea of Professional Challenges in Large Law Firm practice. The author discusses the culture of large law firm life. This Foreword focused on two goals. First, the author offered an overview of the Stein Center Conference that inspired this issue under the same title as the foreword. Second, the author introduces the writings in this issue that came out of the conference. Overall, it offers an introduction of the nature of large law firm practice.

Go to article

Intimidation And The Culture Of Avoidance: Gender Issues And Mentoring In Law Firm Practice, Elizabeth K. Mcmanus Jan 2005

Intimidation And The Culture Of Avoidance: Gender Issues And Mentoring In Law Firm Practice, Elizabeth K. Mcmanus

Fordham Urban Law Journal

This Essay looks at gender issues in law firm practice. The author tries to dispel the notion that just women are gaining equal access to the legal profession at the ground level does not mean that they are achieving similar entrée to the upper echelons of law firm practice. The author considers the factors that challenge women's progress at law firms. The article also looks at the mentoring issue with law firm work and how that affects this the same issue.

Go to article

Profits And Professionalism, Deborah Rhode Jan 2005

Profits And Professionalism, Deborah Rhode

Fordham Urban Law Journal

This Article looks at the financial effect of ethics work. The author examines to what effect and under what circumstances “ethics pays,” and what can be done to increase the rate of return. The article studies this issue in three different contexts. First, it looks at workplace cultures and professional values. The author tries to find how the legal professional can create more organizational structures in which adhering to principles serves prudential interests. The second context is pro bono work. Here, the author looks at the pro bono benefits to, the lawyer, and legal employer, as well as the costs …

Go to article

The Billable Hours Derby: Empirical Data On The Problems And Pressure Point, Susan Saab Fortney Jan 2005

The Billable Hours Derby: Empirical Data On The Problems And Pressure Point, Susan Saab Fortney

Fordham Urban Law Journal

This Article addresses the frustration with billable hours in large law firms. The Author gathered empirical data to gauge the short and long-term effects of increases in billable hour expectations. An empirical study was conducted in 1999-2000 of associate satisfaction, law firm culture, and billing practices. The Article compares these findings to a 2005 NALP study on billable hours and a Work-Life split. The Article concludes by considering what forces and players will change the current course of conduct in which law firm leaders treat increases in billable hours expectations as a necessary evil. The studies show the costs and …

Go to article

The Evils Of “Elasticity”: Reflections On The Rhetoric Of Professionalism And The Part-Time Paradox In Large Firm Practice, Amelia J. Uelmen Jan 2005

The Evils Of “Elasticity”: Reflections On The Rhetoric Of Professionalism And The Part-Time Paradox In Large Firm Practice, Amelia J. Uelmen

Fordham Urban Law Journal

This Essay is an examination of part-time arrangements at large law firms. The author sets out to start a conversation about professional life and identity in a large firm context.. Part I looks at the commercialization of large law firm practice and how that has created a “crisis” in legal practice. Part II compares the “tyranny of the billable hours” with the dedication to “client service.” The author considers part time work with both of these elements. Part III confronts the cultural obstacles to part-time work. Here, the author acknowledges that even the analysis is accepted there are still cultural …

Go to article

Housing Gideon: The Right To Counsel In Eviction Cases , Rachel Kleinman Jan 2004

Housing Gideon: The Right To Counsel In Eviction Cases , Rachel Kleinman

Fordham Urban Law Journal

While the legal system recognizes an indigent’s constitutional right to counsel in a criminal trial the same is not true with respect to civil cases. This Comment examines this legal reality by focusing specifically on an indigent’s inability to gain access to counsel within the confines of eviction proceedings. The author lays out the arguments for both those who favor recognizing an indigent’s right to counsel in eviction proceedings and those opposed to recognizing that right. Ultimately, absent an indigent’s access to counsel in these civil cases, their ability to have any sort of meaningful access to justice is seriously …

Go to article

Pro Bono In Times Of Crisis: Looking Forward By Looking Back, Deborah Rhode Jan 2004

Pro Bono In Times Of Crisis: Looking Forward By Looking Back, Deborah Rhode

Fordham Urban Law Journal

Thousands of lawyers donated their time in response to the crisis of 9/11, but many did not. A remaining challenge is to ensure that the vast majority of the legal profession views public service as an essential professional responsibility. This essay examines previous studies on the pro bono contributions of those in the legal profession and how the findings of those studies show what motivations and sustains lawyers' public service. Specifically, this essay examines pro bono legal assistance in response to the 9/11 crisis. The author explains that it is essential to give law students a sense of obligation in …

Go to article

A Practitioner's Reflections: The Ongoing Relevance Of The Pro Bono Response To 9/11, Ronald J. Tabak Jan 2004

A Practitioner's Reflections: The Ongoing Relevance Of The Pro Bono Response To 9/11, Ronald J. Tabak

Fordham Urban Law Journal

This article discusses the pro bono response to the horrendous events of 9/11 and its ongoing importance. This is not simply because these efforts could replicated or improved on as a response in the event of another catastrophe. More importantly, what was and was not accomplished and by whom, plus the spillover effects of 9/11-related pro bono efforts, all have great significance to efforts to increase "regular” pro bono activities.

Go to article

Normalcy After 9/11: Public Service As The Crisis Fades, Russell Engler Jan 2004

Normalcy After 9/11: Public Service As The Crisis Fades, Russell Engler

Fordham Urban Law Journal

The legal community's response to 9/11 was fast, thoughtful, comprehensive, creative, and collaborative. The success of the legal community's efforts must be measured not only by analysis of the response to the 9/11 crisis itself, but also by consideration of whether the lessons learned paved the way for an improved response for the legal community to the legal crises facing families every day. The Report on the New York City Bar's response to 9/11 outlined unmet legal needs, many of which still remain unmet. There is also a risk that those responding to the crisis were diverted from attending to …

Go to article

Should Public Relations Experts Ever Be Privileged Persons?, Deniza Gertsberg Jan 2004

Should Public Relations Experts Ever Be Privileged Persons?, Deniza Gertsberg

Fordham Urban Law Journal

This Comment addresses the issue of whether, and under what circumstances, a lawyer’s communications with a public relations expert, whose advice is only valuable to the extent that it is communicated fully and freely with the attorney, will be protected by the attorney-client privilege. This Comment focuses on the role of public relations firms in the criminal law context, where constitutional concerns often arise. The author begins by laying out the history and background of the attorney-client privilege, and how the defense lawyer’s role has changed as a result of the rise of mass media. The Comment then goes on …

Go to article

First Prev Next Last