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Fordham Lawyer, No. 23 - Spring 2024, Fordham Law Alumni Association, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.

Alternative Dispute Resolution In Montana: A Catalog Of The Local Rules In Montana District Courts, Brianna Anderson, Brock Flynn

Student Scholarship

A catalog of the Local ADR Rules for the Montana Judicial District Courts, including rules about settlement conferences, mediation, and informal domestic relations trials.

Real Practice Systems Annotated Bibliography, John Lande

Faculty Publications

Real Practice Systems (RPS) theory holds that practitioners’ practice systems are based on their personal histories, values, goals, motivations, knowledge, and skills as well as the parties and the cases in their work. RPS analysis can be used in many dispute resolution roles such as mediator, advocate in mediation, negotiator, and litigator generally. In mediation, practitioners develop categories of cases, parties, and behavior patterns that lead them to design routine procedures and strategies for dealing with recurring challenges before, during, and after mediation sessions.

RPS theory is the culmination of much of the work in my scholarly career. The bibliography …

Foreword, Deborah W. Denno, Erica Valencia-Graham

Fordham Law Review

This Foreword overviews an unprecedented Symposium on these wide ranging topics titled The New AI: The Legal and Ethical Implications of ChatGPT and Other Emerging Technologies. Hosted by the Fordham Law Review and cosponsored by Fordham University School of Law’s Neuroscience and Law Center on November 3, 2023, the Symposium brought together attorneys, judges, professors, and scientists to explore the opportunities and risks presented by AI, especially GenAI like ChatGPT. The discussion raised complex questions concerning AI sentience and personal privacy, as well as the future of legal ethics, education, and employment. Although the AI industry uniformly predicts ever more …

The Legal Imitation Game: Generative Ai’S Incompatibility With Clinical Legal Education, Jake Karr, Jason Schultz

Fordham Law Review

In this Essay, we briefly describe key aspects of [generative artificial intelligence] that are particularly relevant to, and raise particular risks for, its potential use by lawyers and law students. We then identify three foundational goals of clinical legal education that provide useful frameworks for evaluating technological tools like GenAI: (1) practice readiness, (2) justice readiness, and (3) client-centered lawyering. First is “practice readiness,” which is about ensuring that students have the baseline abilities, knowledge, and skills to practice law upon graduation. Second is “justice readiness,” a concept proposed by Professor Jane Aiken, which is about teaching law students to …

Fairness And Fair Use In Generative Ai, Matthew Sag

Fordham Law Review

Although we are still a long way from the science fiction version of “artificial general intelligence” that thinks, feels, and refuses to “open the pod bay doors,” recent advances in machine learning and artificial intelligence (AI) have captured the public’s imagination and lawmakers’ interest. We now have large language models (LLMs) that can pass the bar exam, carry on (what passes for) a conversation about almost any topic, create new music, and create new visual art. These artifacts are often indistinguishable from their human-authored counterparts and yet can be produced at a speed and scale surpassing human ability.

“Generative AI” …

The Reconfiguration Of The Spanish-Moroccan Border Regime: The Impact Of The 2021 Diplomatic Border Crisis, Shayra Nunez

Independent Study Project (ISP) Collection

The paper focuses on the relationship between Morocco and Spain, particularly those affecting migration control at the border in the autonomous cities of Ceuta and Melilla. The research question is: how do the events of May 2021 (the unauthorized opening of the border by Morocco) impact migration control practices in Ceuta and Melilla, and what are the implications for Spanish-Moroccan operational cooperation? The unauthorized opening of the border is conceptualized as a “diplomatic border crisis,” which is also a main contribution of this paper. The study analyzes this incident, which has impacted the border regime and led to changes in …

2023-2024 School Of Law Academic Honors & Awards, University Of San Diego School Of Law

Academic Honors and Awards

No abstract provided.

Advantages And Disadvantages Of The Chinese Digital Yuan, Mikayla Cheng

Sigma: Journal of Political and International Studies

China’s rapid progress toward a completely cashless society through the release of its digital yuan marks a pivotal point in monetary history. In recent years, China has taken the next step in digital payment technology by proposing and implementing a fully digital, government fiat, legal tender currency known as the digital yuan. The focus of this paper is understanding the implications of the widespread adoption of digital yuan from the perspective of the Chinese people. I propose that there are three main advantages of the digital yuan for the Chinese people. First, the digital yuan reduces transaction costs through eliminating …

"I Am Become Death, The Destroyer Of Worlds": Applying Strict Liability To Artificial Intelligence As An Abnormally Dangerous Activity, Renee Henson

Faculty Publications

Artificial intelligence (AI)-enabled tools have produced a myriad of injuries, up to and including death. This burgeoning technology has caused scholars to ask questions, such as, How do we create a legal framework for AI? Because AI creators have acknowledged that even they do not know the capacities of their technology for good or bad outcomes, this Article argues that an existing framework, strict liability, is an appropriate fit for harms arising from this new technology because a party need not prove negligence to prevail. Strict liability was uniquely developed to handle those activities that are “abnormally dangerous.” An abnormally …

An Examination Of Adversity And The Unique Mental Health Needs Of Black Crossover Immigrant And Refugee Youth (Iry), Ngozi V. Enelamah, Rebecca L. Skahan, Sheryl Thompson

Journal of Family Strengths

Over 500,000 youths become involved with the Juvenile Justice System in the U.S. annually. More than half have experienced maltreatment resulting in child welfare system contact, a co-occurrence described as dual system involvement. Immigrant and refugee youth (IRY) are numbered among Black young adults who are disproportionately represented in the dual system. There is little knowledge about the unique experiences of Black IRY who are involved with the crossover or dual system, as child welfare organizations are not required to collect or report that information. Previous studies suggest that Black crossover IRY are at an increased risk for dual system …

In Pursuit Of Meaningful Civil Representation: Advocacy Strategy Proposals For An Integrated Civil Gideon And Legal Empowerment Approach, Sophia T. Slater

Fordham Urban Law Journal

No abstract provided.

Access To Justice And The Legal Profession: Three Questions, Trevor C. W. Farrow

Articles & Book Chapters

There is an increasing recognition – from all sectors of the legal system, including the former Chief Justice of Canada – that justice is in crisis. Even though we have some of the best judges, lawyers, and law schools in the world, delays in the civil, criminal, and family justice systems are massive and increasing. Costs of legal help are going up. An increasing number of people are trying to represent themselves. Legal aid is available only for the least well-off and only for a limited range of services. Many communities feel alienated and do not see themselves represented by …

Constructing Refugee Identity: A Heuristic Inquiry Into Experiences Of Ukrainian Refugees, Deana Tsabak

Dissertations and Doctoral Documents, University of Nebraska-Lincoln, 2023–

Besides the despicable atrocities and devastation, Russia’s war in Ukraine caused the emergence of a group of refugees previously unknown in the U.S. and the world. The phenomenon of “Ukrainian refugees” is new to the immigration and resettlement agencies, host communities, employers, and educators. This research explores how five Ukrainians who left their homeland after the beginning of Russia’s war construct their refugee identity in the United States. Furthermore, this study aims to discover in what ways learning English in the English Language Learning (ELL) program at a community college in Nebraska influences refugee identity construction in resettlement.

This study …

The Lawyer: Spring 2024, Seattle University School Of Law

Lawyer

No abstract provided.

Toward An Ethical Human-Computer Division Of Labor In Law Practice, Abdi Aidid

Fordham Law Review

In this Essay, I explain that responsible and ethical use of AI in law practice requires reconceptualizing the lawyer’s professional relationship to technology. The current commercial-industrial relationship is based on a stylized model of technology as mechanical application, not calibrated to emergent AI-enabled technologies. Put differently, lawyers cannot interact with AI-enabled technologies the way that they traditionally interact with, say, word processors. For AI-enabled technologies, I explain that a “division of labor” framework is more fruitful; like horizontal professional relationships between peers or vertical ones in professional hierarchies, lawyers ought to interact with sophisticated technologies through arrangements that optimize for …

2024 Awardees, Office Of Sponsored Projects, Academic Research And Compliance (Sparc)

Showcase Awards

Every year, St. Mary's honors their students and faculty at the showcase with awards to recognize their hard work and leadership in research on campus. These are the award winners for 2024.

Implementation Of A Human Trafficking Screening Tool In An Immigrant Services Organization, Cassandra Cooper

DNP Projects

Background

Human trafficking (HT) is a public health problem that advances the spread of disease and mental health issues and affects vulnerable populations including immigrants. HT screening tools are more reliable than clinical judgment in identifying HT victims, as even victims themselves are sometimes unaware of their own victimhood. To reduce the instances of victims being missed, HT screening tools have been validated to identify victims without the influence of personal bias.

Project Goals

1. Choose and implement a HT education module for staff.

2. Implement the AHTST for all new arrivals and from the months of November 2023 through …

The Guardian The Month Of April 2024, Wright State Student Body

The Guardian Student Newspaper

News articles from The Guardian for the Month of April 2024. The Guardian is the official student-run newspaper for Wright State University. It has been published regularly since March of 1965.

Gold & Blue Law Edition, Spring 2024, St. Mary's University- San Antonio, Texas

Gold & Blue Law Edition

This is the Spring 2024 edition of Gold & Blue Law Edition which is St. Mary's University's official School of Law publication.

Sb20-23/24: Resolution Amending House Rules To Include Public Comment, Maggie Bell, Miles Radick, Trent Brundin

Senate Resolutions, 2007-Present

This resolution passed 16Y-0N-1A on a roll call vote during the March 6, 2024 meeting of the Associated Students of the University of Montana (ASUM).

Sb22-23/24: Resolution For Ballot Constitutional Referendum Revising Article Xii Of The Asum Constitution To Establish A Judicial Branch, Noah Vanderkar, Maggie Bell

Senate Resolutions, 2007-Present

This resolution passed 14Y-0N-0A on a roll call vote during the April 3, 2024 meeting of the Associated Students of the University of Montana (ASUM).

On The Genealogy Of Intimate Digital Harm, Aziz Z. Huq

Michigan Law Review

A review of The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age. By Danielle Keats Citron.

The Profit Principle: Tracing The Moral Decline Of Corporate Law Firms, Sung Hui Kim

Michigan Law Review

A review of Servants of the Damned: Giant Law Firms, Donald Trump, and the Corruption of Justice. By David Enrich.

William & Mary Law School Clinical Program News (2023-2024), William & Mary Law School

William & Mary Law School Clinical Program Newsletter

No abstract provided.

Introduction For Pro Se Litigants To Appealing Parole Denials, Parole Preparation Project, Michelle L. Lewin

All Categories

No abstract provided.

The Relationship Between Medical Equipment Management Outsourcing And Performance, Sheng Bian

Dissertations and Theses Collection (Open Access)

Medical equipment, as a core component of a hospital’s fixed assets, provides essential support and assurance for the hospital to deliver medical services and enhance competitiveness. The operation of public hospitals in China is a top priority for deepening medical reforms. As hospitals transition from focusing on revenue to centering on costs, comprehensive management of medical equipment becomes a critical aspect of hospital operation management. In the scenario of utilizing the management service outsourcing mode for comprehensive management of medical equipment, equipment performance naturally becomes a topic of special interest in the industry.

Given this, this study aims to investigate …

Workers' Rights Front And Center, Lance Plunkett Jd, Llm

The New York State Dental Journal

New York City takes lead in codifying employee rights and employer obligations.

Educating Deal Lawyers For The Digital Age, Heather Hughes

Fordham Law Review

Courses and programs that address law and emerging technologies are proliferating in U.S. law schools. Technology-related issues pervade the curriculum. This Essay presents two instances in which new technologies present challenges for deal lawyers. It explores how exposing students to closing opinions practice can prepare them to engage these challenges. Both examples involve common commercial contexts and lessons relevant to students of business associations and of the Uniform Commercial Code. The first, which deals with enforceability opinion letters, presents technical legal difficulties arising from recent developments in law and technology. The second, involving complex doctrines at the heart of financial …

Administrators

Catholic University Law Review

No abstract provided.