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Articles 1 - 30 of 79
Full-Text Articles in Law
The Ethical Foundations Of American Judicial Independence, Vincent R. Johnson
The Ethical Foundations Of American Judicial Independence, Vincent R. Johnson
Fordham Urban Law Journal
This Articles discusses the various underpinnings of American judicial independence. Though giving credence to provisions such as selection, compensation, and retention, the Article focuses on the judicial ethical norms that have developed through the history of the United States. It covers such rules as ex parte communications, gifts, political activities, and codes applicable to lawyers.
The Law School Consortium Project: Law Schools Supporting Graduates To Increase Access To Justice For Low And Moderate Income Individuals And Communities, Deborah Howard
Fordham Urban Law Journal
The Law School Consortium Project is an organization with the goal of extending the educational and professionalism missions of law schools beyond graduation to provide training, mentoring, and other support to solo and small-firm lawyers. The Article discusses different models of achieving this goal. It outlines the benefits to practitioners, low and moderate income individuals and communities, and to participating law schools.
From "Renegade" Agency To Institution Of Justice: The Transformation Of Legal Services Corporation, Mauricio Vivero
From "Renegade" Agency To Institution Of Justice: The Transformation Of Legal Services Corporation, Mauricio Vivero
Fordham Urban Law Journal
This Article traces the evolution of the Legal Services Corporation from its near destruction in the mid-1990's to it's current state as a thriving national bipartisan organization. It discusses the challenges brought by a conservative Congress. It explores the changes made by LSC in order to gain bipartisan support.
A Majority-Minority Nation: Racing The Population In The Twenty-First Century, John A. Powell
A Majority-Minority Nation: Racing The Population In The Twenty-First Century, John A. Powell
Fordham Urban Law Journal
This article explores the factors that affect the creation of racial classifications and how they are reflected in the Census categories, particularly in regard to the classification of Hispanics. The article argues that an increase in racial minorities will not solely stop white racial domination of political power structures because of entrenched racial policies and practices. To end this domination, racial minorities must organize and collaborate to take down these racially oppressive structures.
The Changing Face Of Justice: The Evolution Of Problem Solving, Joseph Gubbay, Morris Hoffman, Martin Karopkin, Marilyn Roberts, Bruce Winick, Lisa Smith
The Changing Face Of Justice: The Evolution Of Problem Solving, Joseph Gubbay, Morris Hoffman, Martin Karopkin, Marilyn Roberts, Bruce Winick, Lisa Smith
Fordham Urban Law Journal
No abstract provided.
The Agony Of Ecstasy: Reconsidering The Punitive Approach To United States Drug Policy, Amanda Kay
The Agony Of Ecstasy: Reconsidering The Punitive Approach To United States Drug Policy, Amanda Kay
Fordham Urban Law Journal
No abstract provided.
The Impact Of Problem Solving On The Lawyer's Role And Ethics, Judy Kluger, Pat Murrell, Jeffrey Tauber, Steven Zeidman, Alex Calabrese, Susan Hendricks
The Impact Of Problem Solving On The Lawyer's Role And Ethics, Judy Kluger, Pat Murrell, Jeffrey Tauber, Steven Zeidman, Alex Calabrese, Susan Hendricks
Fordham Urban Law Journal
No abstract provided.
The Jewish Criminal Lawyer's Dilemma, Israel Greisman
The Jewish Criminal Lawyer's Dilemma, Israel Greisman
Fordham Urban Law Journal
No abstract provided.
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 Islamic Viewpoint On New Assisted Reproductive Technologies, Hossam E. Fadel
The Islamic Viewpoint On New Assisted Reproductive Technologies, Hossam E. Fadel
Fordham Urban Law Journal
This Article gives a brief overview of Islamic views on assisted reproductive technologies (ARTs). Islamic law is applied to ARTs to determine what may be lawful and/or moral and what may be impermissible. The article examines artificial insemination, in vitro fertilization, surrogacy and cloning.
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.
Telephone Justice, Pandering, And Judges Who Speak Out Of School, Randall T. Shepard
Telephone Justice, Pandering, And Judges Who Speak Out Of School, Randall T. Shepard
Fordham Urban Law Journal
This Article addresses the growing influence of outside forces on the judiciary. The Article details four situations in which a judge may feel the pressure of outside forces: confirmation hearings, subsequent political pressure, election campaigns, and situations involving the media. It criticizes the actions taken by Judge Thomas Penfield Jackson in the Microsoft antitrust case, most notable the numerous public remarks made while the trial was still in progress. The author concludes that judges set the standards for the way law is practiced and must therefore ignore the external pressures and strive to be models of integrity and justice.
The Walking Judge From Alabama, The Honorable Pamela Willis Baschab
The Walking Judge From Alabama, The Honorable Pamela Willis Baschab
Fordham Urban Law Journal
This anecdotal Article is the story of the Honorable Pamela Willis Baschab's campaign for Chief Justice of the Alabama Supreme Court. Judge Baschab, in an effort to speak out against the influence of special interest groups in the Alabama judicial system, walked from one end of Alabama to the other. She describes her progression through the Alabama legal system, her campaign trail (literally), and her experiences with different people along the way.
Reflections Upon Judicial Independence As We Approach The Bicentennial Of Marbury V. Madison: Safeguarding The Constitution's "Crown Jewel", Honorable Gerald E. Rosen, Kyle W. Harding
Reflections Upon Judicial Independence As We Approach The Bicentennial Of Marbury V. Madison: Safeguarding The Constitution's "Crown Jewel", Honorable Gerald E. Rosen, Kyle W. Harding
Fordham Urban Law Journal
This Article traces the history of judicial independence from the drafting of the Constitution and the Supreme Court's articulation of judicial review in Marbury v. Madison. It addresses the obstacles encountered during the ratification process and the reaction to the Marbury decision. The Article then summarizes the continued challenges to judicial independence, from President Roosevelt's "court-packing" plan to characterizations of judicial activism in Lochner v. New York. The Article concludes by warning that judges must remain vigilant against the impact of the highly partisan political process and the advent of powerful special interest groups.
Preserving Judicial Independence: An Exegesis, Alfred P. Carlton, Jr.
Preserving Judicial Independence: An Exegesis, Alfred P. Carlton, Jr.
Fordham Urban Law Journal
This Article covers the critical issue of judicial independence. The ABA's Commission on Separation of Powers and Judicial Independence issued a report that expressed concern over threats to judicial independence in the states. It poses a number of solutions, including campaign finance reform, non-partisan elections, and merit-based selection.
Beyond Merit Selection, Luke Bierman
Beyond Merit Selection, Luke Bierman
Fordham Urban Law Journal
This Article reviews some of the factors that have diminished the appeal of merit selection for judges. It examines why merit selection has never been an entirely successful answer for reformers looking for nonpartisan solutions. It advocates addressing other aspects of the judicial office to promote judicial independence. It concludes by suggesting that there be an educational credential for becoming a judge. Such a solution, it is argued, would offer legitimacy to judicial aspirants and would provide independent, accountable, impartial, and well-trained judges regardless of selection method.
If You Gag The Lawyers, Do You Choke The Courts? Some Implications For Judges When Funding Restrictions Curb Advocacy By Lawyers On Behalf Of The Poor, Laura K. Abel, David S. Udell
If You Gag The Lawyers, Do You Choke The Courts? Some Implications For Judges When Funding Restrictions Curb Advocacy By Lawyers On Behalf Of The Poor, Laura K. Abel, David S. Udell
Fordham Urban Law Journal
This Article examines restrictions on legal services lawyers that are particularly likely to cause interference with the core functions of the courts. It also examines the effect on state courts of federal restrictions on the funding that state and local governments provide for legal services. The Article also discusses the separation of powers and federalism implications of these incursions into court operations. It advocates for the application of the Supreme Court's reasoning in Legal Services Corp. v. Velazquez.
May Judges Attend Privately Funded Educational Programs? Should Judicial Education Be Privatized?: Questions Of Judicial Ethics And Policy, Bruce A. Green
May Judges Attend Privately Funded Educational Programs? Should Judicial Education Be Privatized?: Questions Of Judicial Ethics And Policy, Bruce A. Green
Fordham Urban Law Journal
This Article addresses questions of judicial ethics raised by privately-funded judicial seminars and how they are answered by existing legal and ethical standards. It discusses the relevant restrictions and describes the courts' interpretations. The Article concludes that these interpretations are rooted in reasonable understandings of the current restrictions. It questions whether or not the current standards and processes are sufficient.
In The Eye Of The Hurricane: Florida Courts, Judicial Independence, And Politics, Drew Noble Lanier, Roger Handberg
In The Eye Of The Hurricane: Florida Courts, Judicial Independence, And Politics, Drew Noble Lanier, Roger Handberg
Fordham Urban Law Journal
This Article discusses the concept of judicial independence, the political nature of the courts, and efforts to insulate the courts from the ordinary politics engulfing the popularly elected branches. It reviews Florida's political history and changing political landscape. It traces the development of the state's judicial selection processes and ties them to current legislation being considered. It concludes by discussing the likely consequences of the efforts to diminish the insulation the the Florida courts enjoy from the politics of the day.
The Cycle Of Judicial Elections: Texas As A Case Study, Anthony Champagne, Kyle Cheek
The Cycle Of Judicial Elections: Texas As A Case Study, Anthony Champagne, Kyle Cheek
Fordham Urban Law Journal
This Article addresses the concerns about the implications of an elected judiciary. Advocating for overall reform, the Article presents Texas as a case study. It tracks the cycle of change in Texas, from party appointments to the bench to two-party competition and back towards one-party dominance. The Article discusses the problems these changes caused and addresses the attempted reform efforts.
Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny J. White
Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny J. White
Fordham Urban Law Journal
This Article discusses judicial performance evaluations as a check on judicial independence. It covers numerous performance evaluation options for measuring accountability, such as bar and media polls, state judicial evaluation programs, and the ABA Guidelines for judicial performance. It discusses the pros and cons of these options. It concludes that the information provided by state judicial performance evaluations offers valuable insight into judicial criticisms and can give voters appropriate criteria to consider in judicial elections.
Remarks By The Honorable Judith S. Kaye: Access To Justice Conference, September 11, 2001, The Honorable Judith S. Kaye
Remarks By The Honorable Judith S. Kaye: Access To Justice Conference, September 11, 2001, The Honorable Judith S. Kaye
Fordham Urban Law Journal
Remarks at the Access to Justice Conference: September 11, 2001
Remarks By The Honorable Jonathan Lippman, Jonathan Lippman
Remarks By The Honorable Jonathan Lippman, Jonathan Lippman
Fordham Urban Law Journal
Remarks by the Honorable Jonathan Lippman at the Access to Justice Conference
Access To Justice: On Dialogues With The Judiciary, Margaret Martin Barry
Access To Justice: On Dialogues With The Judiciary, Margaret Martin Barry
Fordham Urban Law Journal
This Article considers the effects of nurturing law student interest in public service intersects with the goals of developing lawyering expertise. It then examines the insight provided to the judiciary by clinical educational programs with regards to making the courts more accesible to the public. The author hopes to encourage a greater, more meaningful dialogue between the judiciary and law school faculty.
Unbundled Legal Services: Untying The Bundle In New York State, Justice Fern Fisher-Brandveen, Rochelle Klempner
Unbundled Legal Services: Untying The Bundle In New York State, Justice Fern Fisher-Brandveen, Rochelle Klempner
Fordham Urban Law Journal
This Article addresses the practice of unbundled legal services as a solution to lack of access to legal aid by the poor. Unbundled legal services is a process by which the client and lawyer agree that the lawyer will provide some, but not all, of the work involved in traditional full service representation. The Article discusses and and evaluates the pros, such as increasing access to justice and efficiency in the courtroom with cons, such as malpractice and ethical concerns.
In Defense Of Ghostwriting, Jona Goldschmidt
In Defense Of Ghostwriting, Jona Goldschmidt
Fordham Urban Law Journal
This Article analyzes the legal community's resistance to ghostwriting for pro se litigants. It examines the nature, extent and benefits of ghostwriting. It analyzes objections to ghostwriting raised in case law and ethics opinions. It describes recent ghostwriting recommendations and regulatory developments. The Article discusses the relevance of the duty of confidentiality and the attorney-client privilege to ghostwriting. It analyzes the legal community's resistance to ghostwriting. The Article concludes that ghostwriting serves a growing segment of the pro se population and that it doesn't violate the court rules or ethical principles.
Civil Legal Assistance For Low-Income Persons: Looking Back And Looking Forward, Alan W. Houseman
Civil Legal Assistance For Low-Income Persons: Looking Back And Looking Forward, Alan W. Houseman
Fordham Urban Law Journal
This Article discusses the importance of legal aid and the services it provides to low-income persons. The Article also addresses the need for further change. It advocates for the development of a stronger base of public support at the local level. It also calls for an integrated, comprehensive statewide system to ensure that access is available to all those who need relief.
Equal Protection Denied In New York To Some Family Law Litigants In Supreme Court: An Assigned Counsel Dilemma For The Courts, Robert M. Elardo
Equal Protection Denied In New York To Some Family Law Litigants In Supreme Court: An Assigned Counsel Dilemma For The Courts, Robert M. Elardo
Fordham Urban Law Journal
This Article addresses the concerns over the differences in the right to counsel in family law cases depending on the venue. In New York, persons in family court proceedings have a constitutional right to counsel. Yet the same matter, if heard in the New York Supreme Court, does not afford such a right. This Article advocates the correction of this perceived oversight in the law so that all parties in these important proceedings can receive fair representation.
The Public Is Willing, Margot Lindsay, Mary K. Shilton
The Public Is Willing, Margot Lindsay, Mary K. Shilton
Fordham Urban Law Journal
This Article discusses the importance of public outreach and education in the judicial system. The Article advocates for various court-sponsored outreach programs to increase citizen contact with the courts for problem solving purposes. It also addresses such alternatives as community courts and neighborhood advisory boards. It discusses measures taken by state courts to increase communication with underrepresented communities. It concludes by making suggestions to improve outreach programs.
Traveling Justice: Providing Court Based Pro Se Assistance To Limited Access Communities, Tina L. Rasnow
Traveling Justice: Providing Court Based Pro Se Assistance To Limited Access Communities, Tina L. Rasnow
Fordham Urban Law Journal
This Article discusses one Southern California court's attempt to provide greater access to underrepresented litigants in a mixed urban and rural county northwest of Los Angeles. The Article explores Ventura County Superior Court's outreach program designed to increase court access through pro se self-help services, educational outreach, specialty courts, and collaboration with social service organizations. The Article hopes to inspire others to try creative methods to improve access in their jurisdictions.