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Articles 121 - 147 of 147
Full-Text Articles in Law
Lawyering In Juvenile Court: Lessons From A Civil Gideon Experiment, Katherine Hunt Federle
Lawyering In Juvenile Court: Lessons From A Civil Gideon Experiment, Katherine Hunt Federle
Fordham Urban Law Journal
To understand how a good lawyering paradigm may nevertheless undermine client empowerment and perpetuate disability, it is necessary to appreciate the larger ethical debate about client autonomy. This Article will examine two dominant models of good lawyering and explore their implications for client choice and lawyer autonomy, with an emphasis on poverty lawyering. The Article then turns to a discussion of the lawyering experience in juvenile court to illustrate the ways in which dominant visions of the client as dependent, incompetent, and disabled affect not only the role and responsibilities of the attorney for the child but the extension of …
Introduction: 2008 Aba Section Of Litigation Access To Justice Symposium, Robert L. Rothman
Introduction: 2008 Aba Section Of Litigation Access To Justice Symposium, Robert L. Rothman
Fordham Urban Law Journal
The 2008 ABA Section of Litigation conducted a symposium designed to explore the challenges inherent in creation of a civil right to counsel and to generate critical though, dialogue, and scholarship on the subject.
Examining The Real Demand For Legal Services, Herbert M. Kritzer
Examining The Real Demand For Legal Services, Herbert M. Kritzer
Fordham Urban Law Journal
Legal needs are real, but can also be virtually open-ended. Studies tell us that 85% of the civil legal needs of low income persons are currently not being met but we have no idea as to what portion of that 85% legal assistance would meaningfully help to resolve those needs, or how the cost of providing that assistance compares to the benefit that would be generated. This article examines extant studies of legal needs, and concludes that there is a need for baseline data to enable us to assess the degree of legal need that takes into account the range …
Representation In Mediation: What We Know From Empirical Research, Roselle L. Wissler
Representation In Mediation: What We Know From Empirical Research, Roselle L. Wissler
Fordham Urban Law Journal
This Article first describes the proportion of unrepresented parties in mediation and the policies and practices regarding representation in different mediation contexts. The core of the Article examines the empirical findings on the effect of representation on several dimensions of the mediation process, including the effect on preparation for mediation, party perceptions of the fairness of the process and pressures to settle, the extent of party "voice" and participation in mediation, and the tone of the session. In addition, the Article examines the effect of representation on mediation outcomes, including the likelihood of settlement and the fairness of agreements reached. …
Lawyerless Dispute Resolution: Rethinking A Paradigm, Jean R. Sternlight
Lawyerless Dispute Resolution: Rethinking A Paradigm, Jean R. Sternlight
Fordham Urban Law Journal
This Article suggests that our failure to focus on the possible need for representation in mediation and arbitration is fundamentally misguided. Although legal representation is no doubt more important in some contexts than others, it is wrong to make the binary assumption that legal representation is always more important in litigation than in ADR processes; legal representation may often be critically important in ADR processes. Because many disputes will be finally resolved in ADR and because legal representation can be equally or even more important in ADR than in litigation, we need to focus simultaneously on improving representation in both …
Formalizing Local Citizenship, Peter J. Spiro
Formalizing Local Citizenship, Peter J. Spiro
Fordham Urban Law Journal
This essay highlights recent state and local policies relating to immigrants and the respects in which they reflect the community membership of those who do not have national citizenship, and makes a case for bundling measures premised on alien membership through the institutional challenge of citizenship. The article also explores the modalities of a formalized local citizenship.
"Sanctuary Cities" And Local Citizenship, Rose Cuison Villazor
"Sanctuary Cities" And Local Citizenship, Rose Cuison Villazor
Fordham Urban Law Journal
This article explores the ways in which sanctuary laws illustrate the tensions between national and local citizenship, and specifically examines the ways in which "sanctuary cities" have constructed membership for undocumented immigrants located within their jurisdictions.
Introduction To Symposium: The Future Of The Exclusionary Rule And The Aftereffects Of The Herring And Hudson Decisions, Barry Kamins
Introduction To Symposium: The Future Of The Exclusionary Rule And The Aftereffects Of The Herring And Hudson Decisions, Barry Kamins
Fordham Urban Law Journal
This article is an introduction the symposium, "The Future of the Exclusionary Rule and the Aftereffects of the Herring and Hudson Decisions," hosted by the Fordham Urban Law Journal. The symposium explored the effects of the Supreme Court’s decisions in Herring v. United States and Hudson v. Michigan—what the Supreme Court will do with the Rule in the future, as well as varying interpretations of what the Supreme Court should do. The federal exclusionary rule, which is approaching its 100th anniversary, was extended to the states almost fifty years ago by the Supreme Court in its landmark decision of Mapp …
Instrumentalizing Jurors: An Argument Against The Fourth Amendment Exclusionary Rule, Todd E. Pettys
Instrumentalizing Jurors: An Argument Against The Fourth Amendment Exclusionary Rule, Todd E. Pettys
Fordham Urban Law Journal
In this symposium contribution, I contend that the application of the Fourth Amendment exclusionary rule in cases tried by juries raises troubling moral issues that are not present when a judge adjudicates a case on his or her own. Specifically, I argue that the exclusionary rule infringes upon jurors’ deliberative autonomy by depriving them of available evidence that rationally bears upon their verdict and by instrumentalizing them in service to the Court’s deterrence objectives. After considering ways in which those moral problems could be at least partially mitigated, I contend that the best approach might be to abandon the exclusionary …
The 'New' Exclusionary Rule Debate: From 'Still Preoccupied With 1985' To 'Virtual Deterrence', Donald A. Dripps
The 'New' Exclusionary Rule Debate: From 'Still Preoccupied With 1985' To 'Virtual Deterrence', Donald A. Dripps
Fordham Urban Law Journal
The justices of the Supreme Court have drawn new battle lines over the exclusionary rule. In Hudson v. Michigan, 547 U.S. 586 (2006), a five-justice majority, over a strong dissent, went out of the way to renew familiar criticisms of the rule. Just this January, in Herring v. United States, 129 S.Ct. 695 (2009), the justices again divided five to four. This time the dissenters raised the ante, by arguing that the Court's cost-benefit approach to applying the rule is misguided. For the first time since Justice Brennan left the Court, some of the justices appealed to broader justifications for …
The Tragedy Of Urban Roads: Saving Cities From Choking, Calling On Citizens To Combat Climate Change, Christian Iaione
The Tragedy Of Urban Roads: Saving Cities From Choking, Calling On Citizens To Combat Climate Change, Christian Iaione
Fordham Urban Law Journal
This Article argues that the best response to the tragedy of road congestion has to rely on market-based regulatory techniques and public policies aimed at controlling the demand-side of transportation congestion. Among market-based regulatory techniques, economists seem to favor price-based instruments over quantity-based instruments. This Article argues instead that quantity instruments, such as tradable permits of road usage and real estate development, can better internalize all the externalities that road congestion produces. This Article also advances the idea that quantity instruments are more successful tools in addressing urban congestion for four reasons: (1) they respond better to equity concerns; (2) …
The Exclusionary Rule Redux - Again, Lloyd L. Weinreb
The Exclusionary Rule Redux - Again, Lloyd L. Weinreb
Fordham Urban Law Journal
The exclusionary rule itself is not very complicated: if the police obtain evidence by means that violate a person’s rights under the Fourth Amendment, the evidence is not admissible against that person in a criminal trial. The basic provision, however, has been freighted with innumerable epicycles, and epicycles on epicycles ever since it was made part of Fourth Amendment jurisprudence. The exclusionary rule survives in a kind of doctrinal purgatory, neither accepted fully into the constitutional canon nor cast into the outer darkness. It survives, but its reach is uncertain, its rational questioned, and its value doubted. Hudson v. Michigan …
Databases, Doctrine, And Constitutional Criminal Procedure, Erin Murphy
Databases, Doctrine, And Constitutional Criminal Procedure, Erin Murphy
Fordham Urban Law Journal
Over the past twenty years there has been an explosion in the creation, availability, and use of criminal justice databases. Large scale database systems now routinely influence law enforcement decisions ranging from formal determinations to arrest or convict an individual to informal judgments to subject a person to secondary pre-flight screening or investigate possible gang membership. Evidence gathered from database-related sources is now commonly introduced, and can play a pivotal proof role, in criminal trials. Although much has been written about the failure of constitutional law to adequately respond to the threat to privacy rights posed by databases, less attention …
Welcome To Amerizona - Immigrants Out: Assessing Dystopian Dreams And Usable Futures Of Immigration Reform, And Considering Whether Immigration Regionalism Is An Idea Whose Time Has Come, Ketih Aoki, John Shuford
Welcome To Amerizona - Immigrants Out: Assessing Dystopian Dreams And Usable Futures Of Immigration Reform, And Considering Whether Immigration Regionalism Is An Idea Whose Time Has Come, Ketih Aoki, John Shuford
Fordham Urban Law Journal
No abstract provided.
Compassionate Immigration Reform, Steven W. Bender
Compassionate Immigration Reform, Steven W. Bender
Fordham Urban Law Journal
No abstract provided.
Because You're Mine, I Walk The Line: The Trials And Tribulations Of The Family Visa Program, Evelyn H. Cruz
Because You're Mine, I Walk The Line: The Trials And Tribulations Of The Family Visa Program, Evelyn H. Cruz
Fordham Urban Law Journal
No abstract provided.
Attracting The Best And The Brightest: A Critique Of The Current U.S. Immigration System, Chris Gafner, Stephen Yale-Loehr
Attracting The Best And The Brightest: A Critique Of The Current U.S. Immigration System, Chris Gafner, Stephen Yale-Loehr
Fordham Urban Law Journal
No abstract provided.
Immigration Enforcement Versus Employment Law Enforcement: The Case For Integrated Protections In The Immigrant Workplace, Leticia M. Saucedo
Immigration Enforcement Versus Employment Law Enforcement: The Case For Integrated Protections In The Immigrant Workplace, Leticia M. Saucedo
Fordham Urban Law Journal
No abstract provided.
Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller
Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller
Fordham Urban Law Journal
No abstract provided.
Making The Case For Changing U.S. Policy Regarding Highly Skilled Immigrants, Peter H. Schuck, John E. Tyler
Making The Case For Changing U.S. Policy Regarding Highly Skilled Immigrants, Peter H. Schuck, John E. Tyler
Fordham Urban Law Journal
No abstract provided.
Mexican Families & United States Immigration Reform, Bernard Trujillo
Mexican Families & United States Immigration Reform, Bernard Trujillo
Fordham Urban Law Journal
No abstract provided.
Immigration As Urban Policy, Rick Su
Entering The Mainstream: Making Children Matter In Immigration Law, David B. Thronson
Entering The Mainstream: Making Children Matter In Immigration Law, David B. Thronson
Fordham Urban Law Journal
No abstract provided.
Border Exceptionalism In The Era Of Moving Borders, Jennifer M. Chacon
Border Exceptionalism In The Era Of Moving Borders, Jennifer M. Chacon
Fordham Urban Law Journal
No abstract provided.
Some Forensic Aspects Of Ballistic Imaging, Daniel L. Cork, Vijayan N. Nair, John E. Rolph
Some Forensic Aspects Of Ballistic Imaging, Daniel L. Cork, Vijayan N. Nair, John E. Rolph
Fordham Urban Law Journal
Analysis of ballistics evidence (spent cartridge casings and bullets) has been a staple of forensic criminal investigation for almost a century. Computer-assisted databases of images of ballistics evidence have been used since the mid-1980s to help search for potential matches between pieces of evidence. In this article, we draw on the 2008 National Research Council Report Ballistic Imaging to assess the state of ballistic imaging technology. In particular, we discuss the feasibility of creating a national reference ballistic imaging database (RBID) from test-fires of all newly manufactured or imported firearms. A national RBID might aid in using crime scene ballistic …
Whose Fault?—Daubert, The Nas Report, And The Notion Of Error In Forensic Science, D. Michael Risinger
Whose Fault?—Daubert, The Nas Report, And The Notion Of Error In Forensic Science, D. Michael Risinger
Fordham Urban Law Journal
The notion of “error” and “error rates” is central both to the Daubert opinion and to the recent NAS Report on the strengths and weaknesses of forensic science in the United States. I will not be attempting a full-scale examination of the concept of error in this paper, however, I believe there are some observations that can be made that may be helpful in domesticating in helpful ways the notion of error as it might apply to forensic science expertise. I conclude that we should work to improve diagnosticity for old processes, or to invent or adopt new ones with …
“Utterly Ineffective”: Do Courts Have A Role In Improving The Quality Of Forensic Expert Testimony?, Joseph Sanders
“Utterly Ineffective”: Do Courts Have A Role In Improving The Quality Of Forensic Expert Testimony?, Joseph Sanders
Fordham Urban Law Journal
In Part I, I review the NRC’s stated reasons for giving the courts little or no role in improving forensic evidence and argue that these reasons cannot explain the fact that the same courts have played a significant role in policing expertise in civil cases. Why then have courts been so reluctant to exclude forensic expert evidence? I explore this question in Part II. I argue that two deep seated factors: (1) the courts’ contextual approach to know-ledge, and (2) the limited ability of science to provide causal answers about the particular case, limit the courts’ willingness to raise admissibility …