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Full-Text Articles in Law
Ethics For Examiners, Daniel J. Bussel
Ethics For Examiners, Daniel J. Bussel
Fordham Law Review
The inquisitorial bankruptcy examiner is sui generis in our system. He faces unique ethical quandaries and considerations, which require a code of ethics tailored to his role if he is to achieve fully the promise of improving Chapter 11 through the introduction of inquisitorial investigative methods. This Article attempts to point the way toward guidelines that will regulate the conduct of examiners to mitigate real, potential, and perceived abuses.
Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill
Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill
Fordham Urban Law Journal
No abstract provided.
Patient Racial Preferences And The Medical Culture Of Accommodation, Kimani Paul-Emile
Patient Racial Preferences And The Medical Culture Of Accommodation, Kimani Paul-Emile
Faculty Scholarship
One of medicine’s open secrets is that patients routinely refuse or demand medical treatment based on the assigned physician’s racial identity, and hospitals typically yield to patients’ racial preferences. This widely practiced, if rarely acknowledged, phenomenon — about which there is new empirical evidence — poses a fundamental dilemma for law, medicine, and ethics. It also raises difficult questions about how we should think about race, health, and individual autonomy in this context. Informed consent rules and common law battery dictate that a competent patient has an almost-unqualified right to refuse medical care, including treatment provided by an unwanted physician. …
Dylan's Judgment On Judges: Power And Greed And Corruptible Seed Seem To Be All That There Is, David M. Zornow
Dylan's Judgment On Judges: Power And Greed And Corruptible Seed Seem To Be All That There Is, David M. Zornow
Fordham Urban Law Journal
This Article is presented in the form of an "Indictment" against judges brought by Bob Dylan, in the role of prosecutor. Indictment Part A contains a summary of Dylan's allegations against judges. Part B is background information. Part C alleges "Abuse of Power" as indictment count one. Part D alleges "Greed" as indictment count two. Part E alleges "Corruptible Seed" as indictment count three. Part F contains the indictments conclusion. Finally, the article concludes with a "Brady" letter.
"Whistle . . . And You've Got An Audience", Amanda C. Leiter
"Whistle . . . And You've Got An Audience", Amanda C. Leiter
Fordham Urban Law Journal
One of the questions for discussion today is whether public rights litigation is an effective means of social change. This Article does not attempt an answer but begins to explore a set of issues central to any answer: the extent, types, uses, and potential shortcomings of government whistleblowing. There is considerable sociological and legal literature on government whistleblowing, but little of it addresses the issue from the angle relevant to maximizing the efficacy of public rights litigation. This Article begins to fill that gap. Part I discusses the importance of whistleblowers in the vindication and enforcement of public rights. Part …
Profits And Professionalism, Deborah Rhode
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 …
Marilyn & Ed Bellet: A Dedication, William Michael Treanor
Marilyn & Ed Bellet: A Dedication, William Michael Treanor
Fordham Urban Law Journal
This Essay was a dedication to Ed and Marilyn Bellet, benefactors of Fordham Law’s ethics and professionalism programs. The Bellets created the Louis Stein Center for Law and Ethics, which educates both the public and lawyers about the importance of the rule of law. The author examines the life of the Bellets and their commitment to Fordham Law.
The Professionalization Of Ethics, Margaret Raymond
The Professionalization Of Ethics, Margaret Raymond
Fordham Urban Law Journal
This Article looks at the importance of teaching law graduates to be ethical lawyers. The author hypothesizes that the current versions of the ethical rules and the structure of law firms have the potential to encourage the professionalization of ethics rather than connecting all practitioners to the values of professional responsibility. This Article sets out the factors that contribute to the increased professionalization of professional responsibility in large law firms. These factors are the need for lawyers to always be accessible, the pressure to specialize in a specific field, and the complexity of the ethics rules as written. The author …
The Nirvana Fallacy In Law Firm Regulation Debate, Elizabeth Chambliss
The Nirvana Fallacy In Law Firm Regulation Debate, Elizabeth Chambliss
Fordham Urban Law Journal
This Article addresses self-regulation in the legal industry. Lawyers have traditionally resisted the benefits of bureaucratic management. This Article highlights that many lawyers fear that centralized management controls with regard to regulation will undermine individual accountability. This article does not agree with that sentiment. This article uses data to suggest that centralized management, i.e. specialists in charge, may significantly improve individual accountability and compliance with professional rules. This article really reviews what it feels like are misconstrued assumptions about regulation at law firms. This Article argues that the nostalgia for an idealized collegial form has prevented legal scholars and regulators …
Leaders, Followers, And Free Riders: The Community Lawyer's Dilemma When Representing Non-Democratic Client Organizations, Michael Diamond, Aaron O'Toole
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.
Toward Epistemic Justice: A Response To Professor Goldberg, Dominic J. Balestra
Toward Epistemic Justice: A Response To Professor Goldberg, Dominic J. Balestra
Fordham Urban Law Journal
This Article is a response to Steven Goldberg's article and lecture "Religious Contributions to the Bioethics Debate: Utilizing Legal Rights while Avoiding Scientific Temptations," 30 Fordham Urb. L.J., 35 (2002) (available at http://new.fordhamj.org/demonstration/dc/v30/13_30FordhamUrbLJ35(2002-2003).pdf). The author argues that the question is not the place of values in a world of fact, but the place of facts in a world of values.
The Psychology Of Competence And Informed Consent: Understanding Decision-Making With Regard To Clinical Research, Barry Rosenfeld
The Psychology Of Competence And Informed Consent: Understanding Decision-Making With Regard To Clinical Research, Barry Rosenfeld
Fordham Urban Law Journal
This Article examines the importance of patient autonomy and competence in medical decision making and how questions of competence affect informed consent. The author explores three hypothetical cases which "outline the parameters of 'competence' by illustrating the methodologies used in making [determinations of competence], distinguishing between ethical and legal issues in the assessment of competence, and reviewing the procedures for surrogate decision making when competence is deemed impaired." The cases present questions on when to respect patient autonomy and when it may be appropriate to allow a surrogate to take over decision making.
Protestant Perspectives On Informed Consent (Particularly In Research Involving Human Participants), James F. Childress
Protestant Perspectives On Informed Consent (Particularly In Research Involving Human Participants), James F. Childress
Fordham Urban Law Journal
This Article examines Protestant positions on informed consent/refusal regarding the use of human subjects in research. Primarily focusing on the work of Paul Ramsey, a Protestant scholar in science and ethics, the article describes the relationship between the God-man covenant and man-to-man covenants and the consequences thereof. Exploring the line between what Ramsey calls "charity" and "justice," the article finds differences between therapeutic and nontherapeutic research and who may participate with or without consent.
Informed Consent Without Autonomy, Daniel P. Sulmasy
Informed Consent Without Autonomy, Daniel P. Sulmasy
Fordham Urban Law Journal
This Essay explains why and how the Roman Catholic basis for informed consent is different from the secular basis. It argues that the Catholic basis, which is rooted in "natural law," is the better model for society to adopt. The author explains that the secular view is rooted in the belief that patient autonomy must never be violated but the Catholic view is based on human dignity, which simply requires doctors to allow patients to exercise their free will within moral limits. This view allows doctors to override patients' decisions if those decisions are morally wrong or irrational.
The Physician's Conscience, Conscience Clauses, And Religious Belief: A Catholic Perspective, Edmund D. Pellegrino
The Physician's Conscience, Conscience Clauses, And Religious Belief: A Catholic Perspective, Edmund D. Pellegrino
Fordham Urban Law Journal
This Essay explores how physicians may handle conflicts of conscience facing Roman Catholic health practitioners regarding "human life" issues, especially through conscience clauses. In five parts, the author examines "first, why conscientious objection is so important in our day; second, the moral grounding for freedom in the exercise of conscience; third, the components of the physician's conscience; fourth, specific conflicts of conscience for Catholic physicians and institutions; and fifth, competing models of conflict resolution."
The Physician As Conscientious Objector, J. David Bleich
The Physician As Conscientious Objector, J. David Bleich
Fordham Urban Law Journal
This Article examines the right of doctors to object, because of conflicts with the doctor's own morals, to treatment requested or refused by patients. Focusing mainly on end-of-life care, the author compares court opinions allowing or prohibiting doctors to withhold or withdraw life-sustaining treatment at the request of patients or their surrogates.
Religious Teachings And Reflections On Advance Directive - Religious Values And Legal Dilemmas In Bioethics: An Islamic Perspective, Faroque A. Khan
Religious Teachings And Reflections On Advance Directive - Religious Values And Legal Dilemmas In Bioethics: An Islamic Perspective, Faroque A. Khan
Fordham Urban Law Journal
This Essay analyses Islamic law and attempts to apply it to issues surrounding end-of-life care. The author concludes that Islam allows physicians to withdraw life-sustaining technologies if there is no hope for a cure, in the effort to prevent prolonged suffering.
Catholic Social Teaching And American Legal Perspective, Avery Cardinal Dulles, S.J.
Catholic Social Teaching And American Legal Perspective, Avery Cardinal Dulles, S.J.
Fordham Urban Law Journal
This Essay examines possible applications of Catholic social teachings to the practice and teaching of law. The author lists five major topics within Catholic social teaching: human dignity, the common good, solidarity, subsidiarity, and care of the environment. He then lists ways in which these ideals may be realized through the practice of law, including education, litigation, counseling, judging, and legislation.
Response To Avery Cardinal Dulles, John D. Feerick
Response To Avery Cardinal Dulles, John D. Feerick
Fordham Urban Law Journal
Dean Feerick responds to Avery Cardinal Dulles's essay and lecture "Catholic Social Teaching and American Legal Practice," 30 Fordham Urb. L.J., 277 (2002) (available at http://new.fordhamj.org/demonstration/dc/v30/27_30FordhamUrbLJ277(2002-2003).pdf). He expands upon the application of Catholic teachings to legal practice and highlights Fordham Law's implementation of those ideals.
Catholic Social Teaching And American Legal Practice: A Practical Response, Jennifer M. Mone
Catholic Social Teaching And American Legal Practice: A Practical Response, Jennifer M. Mone
Fordham Urban Law Journal
The author responds to Avery Cardinal Dulles's essay and lecture "Catholic Social Teaching and American Legal Practice," Fordham Urb. L.J., 277 (2002) (available at http://new.fordhamj.org/demonstration/dc/v30/27_30FordhamUrbLJ277(2002-2003).pdf). She provides a practical perspective on the applications of Catholic social teachings to the practice of law. She concludes that Catholic teachings and law intersect in two areas: in the lawyer's discretion and in the lawyer's professional interactions with others.
Religious Contributions To The Bioethics Debate: Utilizing Legal Rights While Avoiding Scientific Temptations, Steven Goldberg
Religious Contributions To The Bioethics Debate: Utilizing Legal Rights While Avoiding Scientific Temptations, Steven Goldberg
Fordham Urban Law Journal
This Article explores the authors views on the place of religious debate concerning scientific issues. It outlines the author's concerns with religion becoming overshadowed by science, even within relgious communities, and his ideas on how religion may be brought to the forefront.
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Fordham Urban Law Journal
A discussion of the President's ability to grant Federal Pardons, and the moral and political factors which influence the exercise of that power. The article proposes that the President has a duty to pardon, not so much as to do justice in particular cases, but to be merciful as a more general obligation of office.
A Dialogue Concerning Heresies, Jack L. Sammons
A Dialogue Concerning Heresies, Jack L. Sammons
Fordham Urban Law Journal
A modernization of St. Thomas More's famous 1529 "Dialogue Concerning Heresies." A fictional "Judge More" defends the legal profession against the zeal of legal ethicists.
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Fordham Urban Law Journal
A discussion of the President's ability to grant Federal Pardons, and the moral and political factors which influence the exercise of that power. The article proposes that the President has a duty to pardon, not so much as to do justice in particular cases, but to be merciful as a more general obligation of office.
A Dialogue Concerning Heresies, Jack L. Sammons
A Dialogue Concerning Heresies, Jack L. Sammons
Fordham Urban Law Journal
A modernization of St. Thomas More's famous 1529 "Dialogue Concerning Heresies." A fictional "Judge More" defends the legal profession against the zeal of legal ethicists.
Religion And The Public Defender, Sadiq Reza
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 …
Can A Religious Person Be A Big Firm Litigator? , Amelia J. Uelmen
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 …
Friends Of The Court? The Ethics Of Amicus Brief Writing In First Amendment Litigation, Allison Lucas
Friends Of The Court? The Ethics Of Amicus Brief Writing In First Amendment Litigation, Allison Lucas
Fordham Urban Law Journal
This Article explores the ethics of writing amicus briefs as they relate to defamation and privacy issues by focusing on two specific cases, Rice v. Paladin and Khawar v. Globe, International. It begins with a history of amicus curaie briefs, followed by a discussion of the two cases. In Paladin, a family sued a publishing company arguing that a book it published aided and abetted a murder. In Khawar, a photo was wrongly placed in a book and was subsequently printed in a newspaper. In both cases, amicus briefs were submitted on the part of the defendants from large media …
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 …