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Articles 1 - 30 of 38
Full-Text Articles in Law
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 …
Thinking About Fairness & Achieving Balance In Mediation, Sarah E. Burns
Thinking About Fairness & Achieving Balance In Mediation, Sarah E. Burns
Fordham Urban Law Journal
This Article identifies five sources of bias present in mediation practice: (1) categorization, (2) attribution, (3) metaphorical expression, (4) norming, and (5) framing. For each of these "cognitive efficiencies," which contribute to bias in mediation, the author provides practice recommendations. Finally, the author suggests that the Article be read as a proposal for further thought and inquiry to improve the fairness of mediators.
Adr And Litigation Involving Social Problems, Steven Banks
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 …
Barriers To Participation: Challenges Faced By Members Of Underrepresented Racial And Ethnic Groups In Entering, Remaining, And Advancing In The Adr Field, Maria R. Volpe, Robert A. Baruch Bush, Gene A. Johnson, Jr., Christopher M. Kwok
Barriers To Participation: Challenges Faced By Members Of Underrepresented Racial And Ethnic Groups In Entering, Remaining, And Advancing In The Adr Field, Maria R. Volpe, Robert A. Baruch Bush, Gene A. Johnson, Jr., Christopher M. Kwok
Fordham Urban Law Journal
This Article discusses research aimed to understand barriers to participation of underrepresented racial and ethnic groups in ADR practices. The research includes ADR in and around New York City. The article discusses methodology, challenges of the research, preliminary findings, remedies, future research, and the significance of the findings. Universal and specific barriers include: (i) informational and professional; (ii) social, institutional, and cultural; and (iii) economic. The authors encourages future research of barriers affecting underrepresented groups and emphasizes the need to reduce these barriers.
Securing Online Transactions: Crime Prevention Is The Key, Michael Ena
Securing Online Transactions: Crime Prevention Is The Key, Michael Ena
Fordham Urban Law Journal
This Comment illustrates how government regulation, criminal justice, private legal actions, and market forces contribute to the security of online transactions. Further, it argues that government regulation aimed at the prevention of cybercrime should be the primary focus of the efforts to improve online security. Ultimately, the Comment argues that as more businesses more online, securing online transactions becomes more critical to protect against fraud, to cut off source of illegal income for organized crime and terrorists, and to ensure the future growth of the national economy.
Keynote Address: Consensus Building, Public Dispute Resolution, And Social Justice, Lawrence E. Susskind
Keynote Address: Consensus Building, Public Dispute Resolution, And Social Justice, Lawrence E. Susskind
Fordham Urban Law Journal
These remarks were prepared for and delivered at the Second Annual Fordham University School of Law Dispute Resolution Society Symposium on October 12, 2007. The Address discusses how democracy, public dispute resolution, and social justice fit together. The speaker opens with an example of a small city making a decision about a large industrial development project from the perspective of a traditional model and a consensus-oriented model. He then addresses three major problems with the first: (i) the majority rule problem; (ii) the representation problem; and (iii) the adversarial format problem. The speaker goes on to advocate for the consensus-building …
Panel Discussion: Problem-Solving Mechanisms To Achieve Consensus: How Do We Ensure Successful Resolution?, Jacqueline Nolan-Haley, Cathy A. Costantino, Sean F. Nolon, Joseph A. Siegel
Panel Discussion: Problem-Solving Mechanisms To Achieve Consensus: How Do We Ensure Successful Resolution?, Jacqueline Nolan-Haley, Cathy A. Costantino, Sean F. Nolon, Joseph A. Siegel
Fordham Urban Law Journal
The focus of the panel discussion is problem-solving mechanisms in the public arena to ensure and achieve consensus via the question, "How do we ensure successful resolution?" Each speaker gives a 20-minute speech followed by questions from attendees. After all three speakers conclude their remarks, Professor Nolan-Haley opens the floor to general questions. Speakers include: 1. Cathy A. Constantino, Federal Deposit Insurance Corporation, Georgetown Law School, George Washington Law School 2. Sean F. Nolon, Pace University School of Law 3. Joseph A. Siegel, U.S. Environmental Protection Agency
Evolving Issues In Reinsurance Disputes: The Power Of Arbitrators, Robert W. Diubaldo
Evolving Issues In Reinsurance Disputes: The Power Of Arbitrators, Robert W. Diubaldo
Fordham Urban Law Journal
This Article examines emerging areas of the law governing the following procedural powers of arbitrators that impact reinsurance arbitrations, as well as other commercial disputes: (i) consolidation; (ii) non-party discovery; (iii) confidentiality; (iv) summary adjudication; and (v) the enforceability of a hold harmless agreement. Inconsistency in judicial interpretation of arbitral powers significantly impacts the cost-effectiveness and overall efficiency of arbitration -- reasons the parties seek to arbitrate their commercial disputes in the first place.
Card Check Recognition: New House Rules For Union Organizing?, Rafael Gely, Timothy D. Chandler
Card Check Recognition: New House Rules For Union Organizing?, Rafael Gely, Timothy D. Chandler
Fordham Urban Law Journal
MISSING
Labor Organizing By Executive Order: Governor Spitzer And The Unionization Of Home-Based Child Day-Care Providers, David L. Gregory
Labor Organizing By Executive Order: Governor Spitzer And The Unionization Of Home-Based Child Day-Care Providers, David L. Gregory
Fordham Urban Law Journal
MISSING
Finding The Synergy Between Law And Organizing: Experiences From The Streets Of Los Angeles, Victor Narro
Finding The Synergy Between Law And Organizing: Experiences From The Streets Of Los Angeles, Victor Narro
Fordham Urban Law Journal
MISSING
Labor's Wage War, Catherine K. Ruckelshaus
Universal Health Care In Massachusetts: Setting The Standard For National Reform, Mary Ann Chirba-Martin, Andres Torres
Universal Health Care In Massachusetts: Setting The Standard For National Reform, Mary Ann Chirba-Martin, Andres Torres
Fordham Urban Law Journal
No abstract provided.
A Civic Republican View Of Hospital Closures And Community Health Planning, Jin Hee Lee
A Civic Republican View Of Hospital Closures And Community Health Planning, Jin Hee Lee
Fordham Urban Law Journal
No abstract provided.
Positive Health: The Human Right To Health Care Under The New York State Constitution, Alan Jenkins, Sabrineh Ardalan
Positive Health: The Human Right To Health Care Under The New York State Constitution, Alan Jenkins, Sabrineh Ardalan
Fordham Urban Law Journal
No abstract provided.
Loose Standards, Tight Lips: Why Easy Access To Client Data Can Undermine Homeless Management Information Systems, J.C. O'Brien
Loose Standards, Tight Lips: Why Easy Access To Client Data Can Undermine Homeless Management Information Systems, J.C. O'Brien
Fordham Urban Law Journal
No abstract provided.
Debilitating Alexander V. Choate: "Meaningful Access" To Health Care For People With Disabilities, Leslie Pickering Francis, Anita Silvers
Debilitating Alexander V. Choate: "Meaningful Access" To Health Care For People With Disabilities, Leslie Pickering Francis, Anita Silvers
Fordham Urban Law Journal
No abstract provided.
The Healthy Washington Initiative: Blue-Ribbon Process, Red-Herring Result, Vickie Williams
The Healthy Washington Initiative: Blue-Ribbon Process, Red-Herring Result, Vickie Williams
Fordham Urban Law Journal
No abstract provided.
The Lethal Injection Debate: Law And Science, Deborah W. Denno
The Lethal Injection Debate: Law And Science, Deborah W. Denno
Fordham Urban Law Journal
No abstract provided.
In The Eye Of The Storm: A Judge's Experience In Lethal-Injection Litigation, Jeremey Fogel
In The Eye Of The Storm: A Judge's Experience In Lethal-Injection Litigation, Jeremey Fogel
Fordham Urban Law Journal
No abstract provided.
Challenges Facing Society In The Implementation Of The Death Penalty, Fernando J. Gaitan
Challenges Facing Society In The Implementation Of The Death Penalty, Fernando J. Gaitan
Fordham Urban Law Journal
No abstract provided.
Methods Of Execution And Their Effect On The Use Of The Death Penalty In The United States, Richard C. Dieter
Methods Of Execution And Their Effect On The Use Of The Death Penalty In The United States, Richard C. Dieter
Fordham Urban Law Journal
No abstract provided.
Anesthetizing The Public Conscience: Lethal Injection And Animal Euthanasia, Ty Alper
Anesthetizing The Public Conscience: Lethal Injection And Animal Euthanasia, Ty Alper
Fordham Urban Law Journal
No abstract provided.
Anomalies: Ritual And Language In Lethal Injection Regulations, Leigh B. Bienen
Anomalies: Ritual And Language In Lethal Injection Regulations, Leigh B. Bienen
Fordham Urban Law Journal
No abstract provided.
Peer-Reviewed Studies Identifying Problems In The Design And Implementation Of Lethal Injection For Execution, Teresa A. Zimmers, Leonidas G. Koniaris
Peer-Reviewed Studies Identifying Problems In The Design And Implementation Of Lethal Injection For Execution, Teresa A. Zimmers, Leonidas G. Koniaris
Fordham Urban Law Journal
No abstract provided.
The Pharmacokinetics And Pharmacodynamics Of Thiopental As Used In Lethal Injection, Mark Dershwitz, Thomas K. Henthorn
The Pharmacokinetics And Pharmacodynamics Of Thiopental As Used In Lethal Injection, Mark Dershwitz, Thomas K. Henthorn
Fordham Urban Law Journal
No abstract provided.
Thiopenal In Lethal Injection, Susi Vassallo
Thiopenal In Lethal Injection, Susi Vassallo
Fordham Urban Law Journal
No abstract provided.
Killing Them Softly: Mediations On A Painful Punishment Of Death, Robert Blecker
Killing Them Softly: Mediations On A Painful Punishment Of Death, Robert Blecker
Fordham Urban Law Journal
No abstract provided.
The Fourth Amendment And Immigration Enforcement In The Home: Can Ice Target The Utmost Sphere Of Privacy?, Marisa Antos-Fallon
The Fourth Amendment And Immigration Enforcement In The Home: Can Ice Target The Utmost Sphere Of Privacy?, Marisa Antos-Fallon
Fordham Urban Law Journal
This Note discusses whether targeting and entering homes of non-citizens without court-ordered warrants raises problems under the Fourth Amendment's prohibition of "unreasonable searches and seizures." Specifically, this note argues that additional protections are necessary to ensure that ICE does not violate the Fourth Amendment rights of those they target and those who get swept up in their enforcement effort. This is particularly true with initiatives such as "Operation Return to Sender" and "Operation Community Shield" because they are carried out in private homes, the traditional sphere of greatest Fourth Amendment protection. Part I of this Note details the particular ICE …
Slots In The City: A Critical Look At The Balance Of Decision-Making Power In Gaming Legislation, Eric B. Becker
Slots In The City: A Critical Look At The Balance Of Decision-Making Power In Gaming Legislation, Eric B. Becker
Fordham Urban Law Journal
This Note focuses on the ability of local governmental bodies and local actors to become involved when a state seeks to introduce casino-based gaming or license additional casino properties. Traditionally, states retain the power to make most gaming-related decisions, sometimes only allowing simple "yes or no" voter referenda. This note argues that an increased role for local actors in bringing gaming to cities will best protect the interests of the people most affected by casinos. Part I provides a brief background of gambling in America and the key aspects of gaming-enabling legislation in various states. Part II discusses local government …