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Articles 1 - 30 of 87
Full-Text Articles in Law
Harvey: Environmental Justice And Law, Andrea Giampetro-Meyer, Nancy Kubasek
Harvey: Environmental Justice And Law, Andrea Giampetro-Meyer, Nancy Kubasek
Fordham Environmental Law Review
No abstract provided.
Procedural Triage, Matthew J.B. Lawrence
Procedural Triage, Matthew J.B. Lawrence
Fordham Law Review
Prior scholarship has assumed that the inherent value of a "day in court" is the same for all claimants, so that when procedural resources (like a jury trial or a hearing) are scarce, they should be rationed the same way for all claimants. That is incorrect. This Article shows that the inherent value of a "day in court" can be far greater for some claimants, such as first-time filers, than for others, such as corporate entities and that it can be both desirable and feasible to take this variation into account in doling out scarce procedural protections. In other words, …
"I Do For My Kids": Negotiating Race And Racial Inequality In Family Court, Tonya L. Brito, David J. Pate Jr., Jia-Hui Stefanie Wong
"I Do For My Kids": Negotiating Race And Racial Inequality In Family Court, Tonya L. Brito, David J. Pate Jr., Jia-Hui Stefanie Wong
Fordham Law Review
Socio-legal scholarship examining issues of access to justice is currently experiencing a renaissance. Renewed inquiry into this field is urgently needed. Studies confirm that only 20 percent of the legal needs of low- income communities are met and that the vast majority of unrepresented litigants are low income, creating what some call a “justice gap” that has become even more urgent in recent years. State tribunals that deal with high-stakes issues particularly relevant to low-income residents, such as family courts and housing courts, are seeing an increasing number of litigants, the majority of whom are unrepresented.
A Conversation With Justice Sandra Day O’Connor And Judge Judith S. Kaye, Hon. Sandra Day O'Connor, Hon. Judith S. Kaye
A Conversation With Justice Sandra Day O’Connor And Judge Judith S. Kaye, Hon. Sandra Day O'Connor, Hon. Judith S. Kaye
Fordham Law Review
No abstract provided.
Uncertainty And The Advantage Of Collective Settlement Symposium: The Limits Of Predictability And The Value Of Uncertainty: Sixteenth Annual Clifford Symposium On Tort Law And Social Policy, Howard M. Erichson
Faculty Scholarship
Judgments are printed in black and white; reality comes in shades of gray. The settlement palette available to negotiating parties, unlike the adjudication palette available to judges and juries, offers a range of grays to suit the realities of uncertain liability, uncertain causation, and uncertain damages. Settlement thus offers certain advantages over adjudication. I am not referring to process advantages, such as speed, economy, privacy, and relationship preservation. Rather, I am referring to the idea that settlements may offer outcomes that more accurately comport with justice under the relevant facts and law. There is, of course, a long-running debate over …
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890, Susan D. Carle
Fordham Law Review
No abstract provided.
An Excuse-Centered Approach To Transitional Justice, David Gray
An Excuse-Centered Approach To Transitional Justice, David Gray
Fordham Law Review
No abstract provided.
Access To Justice: Some Comments, Lawrence M. Friedman
Access To Justice: Some Comments, Lawrence M. Friedman
Fordham Law Review
No abstract provided.
Access And Justice: The Transformative Potential Of Pro Bono Work , Martha F. Davis
Access And Justice: The Transformative Potential Of Pro Bono Work , Martha F. Davis
Fordham Law Review
No abstract provided.
Shout From Taller Rooftops: A Response To Deborah L. Rhode's Access To Justice, Steven H. Hobbs
Shout From Taller Rooftops: A Response To Deborah L. Rhode's Access To Justice, Steven H. Hobbs
Fordham Law Review
No abstract provided.
Gideon's Paradox, Lawrence C. Marshall
Redressing Inequality In The Market For Justice: Why Access To Lawyers Will Never Solve The Problem And Why Rethinking The Role Of Judges Will Help, Russell G. Pearce
Redressing Inequality In The Market For Justice: Why Access To Lawyers Will Never Solve The Problem And Why Rethinking The Role Of Judges Will Help, Russell G. Pearce
Fordham Law Review
No abstract provided.
The Luxury Of The Law: The Codification Movement And The Right To Counsel, Norman W. Spaulding
The Luxury Of The Law: The Codification Movement And The Right To Counsel, Norman W. Spaulding
Fordham Law Review
No abstract provided.
Teaching And Doing: The Role Of Law School Clinics In Enhancing Access To Justice, Stephen Wizner, Jane Aiken
Teaching And Doing: The Role Of Law School Clinics In Enhancing Access To Justice, Stephen Wizner, Jane Aiken
Fordham Law Review
No abstract provided.
Access To Justice: Again, Still, Deborah L. Rhode
Access To Justice: Again, Still, Deborah L. Rhode
Fordham Law Review
No abstract provided.
Every Day Is A Good Day For A Judge To Lay Down His Professional Life For Justice , Jack B. Weinstein
Every Day Is A Good Day For A Judge To Lay Down His Professional Life For Justice , Jack B. Weinstein
Fordham Urban Law Journal
This article discusses the notion that a judge’s obligation to obey precedent should, if circumstances require, be overridden in an effort to oppose gross injustices and violations. Even in the face of critisicim and outrage, judges, because of their intimate knowledge of the system and unique vantage point, have a duty to speak out against any law that they find morally repugnant and to expose injustices wherever they can. The article analyses the various actions that judges may take to avoid enforcing laws that they believe to be fundamentally unjust, including the option of resignation and the power of lower …
Law And Justice In The Twenty-First Century, Geoffrey C. Hazard, Jr.
Law And Justice In The Twenty-First Century, Geoffrey C. Hazard, Jr.
Fordham Law Review
No abstract provided.
Don't Do What I Say, Do What I Mean!: Assessing A State's Responsibility For The Exploits Of Individuals Acting In Conformity With A Statement From A Head Of State, Dayna L. Kaufman
Fordham Law Review
No abstract provided.
Keynote: Law, Lawyers, And The Pursuit Of Justice, Deborah L. Rhode
Keynote: Law, Lawyers, And The Pursuit Of Justice, Deborah L. Rhode
Fordham Law Review
No abstract provided.
Furthering Justice By Improving The Adversary System And Making Lawyers More Accountable, Roger C. Cramton
Furthering Justice By Improving The Adversary System And Making Lawyers More Accountable, Roger C. Cramton
Fordham Law Review
No abstract provided.
Grieving Criminal Defense Lawyers, Dennis E. Curtis, Judith Resnik
Grieving Criminal Defense Lawyers, Dennis E. Curtis, Judith Resnik
Fordham Law Review
No abstract provided.
Ethical Lawyering And The Possiblity Of Integrity, Sharon Dolovich
Ethical Lawyering And The Possiblity Of Integrity, Sharon Dolovich
Fordham Law Review
No abstract provided.
How Lawyers Act In The Intersts Of Justice, Monroe H. Freedman
How Lawyers Act In The Intersts Of Justice, Monroe H. Freedman
Fordham Law Review
No abstract provided.
Judicial Rationalizations For Rationing Justice: How Sixth Amendment Doctrine Undermines Reform, Bruce A. Green
Judicial Rationalizations For Rationing Justice: How Sixth Amendment Doctrine Undermines Reform, Bruce A. Green
Fordham Law Review
No abstract provided.
"In Pursuit Of Justice" In High Profile Criminal Matters, Judith L. Maute
"In Pursuit Of Justice" In High Profile Criminal Matters, Judith L. Maute
Fordham Law Review
No abstract provided.
Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow
Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow
Fordham Law Review
No abstract provided.
Balancing Client Loyalty And The Public Good In The Twenty-First Century, Nancy J. Moore
Balancing Client Loyalty And The Public Good In The Twenty-First Century, Nancy J. Moore
Fordham Law Review
No abstract provided.
Practicing Law In The Interests Of Justice In The Twenty-First Century, Thomas D. Morgan
Practicing Law In The Interests Of Justice In The Twenty-First Century, Thomas D. Morgan
Fordham Law Review
No abstract provided.
Model Rule 1.0: Lawyers Are Morally Accountable, Russell G. Pearce
Model Rule 1.0: Lawyers Are Morally Accountable, Russell G. Pearce
Fordham Law Review
No abstract provided.
Professional Commitments In A Changed World, Tanina Rostain
Professional Commitments In A Changed World, Tanina Rostain
Fordham Law Review
No abstract provided.