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Articles 61 - 68 of 68
Full-Text Articles in Law
A Trial Judge's Perspective - Promoting Justice And Fairness While Protecting Privilege, Honorable Marian Blank Horn
A Trial Judge's Perspective - Promoting Justice And Fairness While Protecting Privilege, Honorable Marian Blank Horn
Fordham Urban Law Journal
This Article discusses the topic of privileged communications and ethics in the courtroom. The Article offers the unique perspective of a trial judge and his courtroom interactions with lawyers and witnesses alike. It discusses cases relating to established courtroom privileges, such as marriage, attorney/client and priest/penitent, as well as qualified privileges such as the journalism privilege. Further, it discusses the potential for new or novel privileges, such as the accountant/auditor-client work product privilege and the academic peer review privilege. Finally, the Article lays out suggestions for trial judges for how to best utilize the privilege rules while simultaneously promoting fairness …
Civil Disturbances: Battles For Justice In New York City
Civil Disturbances: Battles For Justice In New York City
Fordham Urban Law Journal
This Collection contains a number of essays that are a part of Civil Disturbances, a collaborative project between artists and lawyers that commemorates various public interest law suits and social justice efforts in New York City. The project itself consists of twenty signs, each representing one specific case, that were designed to be both provoking and informative. This specific Collection contains printings of eight of the signs, as well as separate writings on issues and cases including: disabled people's accessibility to the Empire State Building, child welfare, children's rights, women and the FDNY, rights of the homeless, and welfare benefits. …
Hiv Name Reporting And Partner Notification In New York State, Sonia Bhatnager
Hiv Name Reporting And Partner Notification In New York State, Sonia Bhatnager
Fordham Urban Law Journal
This Article focuses on a 1998 New York law that required physicians and other health officials to report individuals who test positive for HIV, AIDS, or other HIV-related illnesses to the municipal health commissioner. As New York has the highest rate of reported AIDS cases, the Article notes that the state's decision to enact this law could have significant influence on other states. It begins by describing the partner notification system laws in the United States, and then presents arguments for and against partner notification. The Article ultimately argues for a modified version of the New York law. This refined …
More Trees Please: Utilizing Natural Resources In The Urban Environmental Management Of New York City, Vivian D. Encarnacion
More Trees Please: Utilizing Natural Resources In The Urban Environmental Management Of New York City, Vivian D. Encarnacion
Fordham Urban Law Journal
This Article discusses the impact of urban development on trees. It discusses the importance of having trees in urban neighborhoods by increasing property value and highly benefiting the ecological system. It also discusses alternative policies that other cities have implemented to deal with the impact of development on the environment. Finally, the Article proposes various solutions to the problems faced by New York City specifically, arguing that the city should adopt a comprehensive urban forestry program that would asses the current status of the urban forest, evaluate the environmental impact of development, and protect tree and landscaping ordinances.
Federalism For The New Millennium: Accounting For The Values Of Federalism, Dennis M. Cariello
Federalism For The New Millennium: Accounting For The Values Of Federalism, Dennis M. Cariello
Fordham Urban Law Journal
This Article explores the long and intricate history of federalism, the arrangement between the federal and local governments to serve the people, in the United States. It begins with the beginnings of federalism in pre-colonial times and continues to discuss how recent Supreme Court decisions have failed to articulate a cohesive test for federalism issues. Ultimately, the Article proposes a method for resolving federalism disputes. This method focuses on the sociopolitical and economic benefits of federalism as the Framers intended. Further, it argues that courts should inquire as to the utility of either the federal or local government regulating a …
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 …
Expanding New York's Dna Database: The Future Of Law Enforcement, Robert W. Schumacher Ii
Expanding New York's Dna Database: The Future Of Law Enforcement, Robert W. Schumacher Ii
Fordham Urban Law Journal
This Article discusses a proposal by New York City Police Commissioner Howard Safir to expand New York's DNA Database. The proposal would allow the police to obtain DNA from anyone arrested for a recordable offense. The Article describes how DNA is used by law enforcement from the molecular level to DNA databases. The Article then describes Safir's proposal, including the controversy surrounding Fourth Amendment privacy concerns and fears of potential misuse of the DNA information by law enforcement. Despite these concerns, in light of New York's recidivism rates, crime trends, administrative costs, and investigative efficiency, the Article argues that Safir's …
Damned To The Inferno? A New Vision Of Lawyers At The Dawning Of The Millennium, Robert J. Cosgrove
Damned To The Inferno? A New Vision Of Lawyers At The Dawning Of The Millennium, Robert J. Cosgrove
Fordham Urban Law Journal
This Article seeks to explain the negative perception the legal profession and lawyers have in the eyes of the American public. Disregarding common answers such as the disproportionate amount of influence lawyers have or high salaries and extravagant lifestyles, this Article argues that a cultural shift has led many Americans to see the law as an arbitrary device. Consequently, this belief is reinforced by lawyers and and perpetuated by law schools, leading to the negative perception of the legal profession. In the process, the Article addresses five main issues: the definition and purpose of the law, the republican theory of …