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1999

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Articles 5131 - 5160 of 7802

Full-Text Articles in Law

Welcome, John D. Feerick Jan 1999

Welcome, John D. Feerick

Fordham Urban Law Journal

Welcome speech given by Dean Feerick.


Keynote Address, Louis Freeh Jan 1999

Keynote Address, Louis Freeh

Fordham Urban Law Journal

Keynote address given by Louis Freeh.


Panel Discussion: The Prosecutor's Role In Light Of Expanding Federal Criminal Jurisdiction, Zachary W. Carter, Elizabeth Glazer, Philip B. Heymann, Robert S. Litt Jan 1999

Panel Discussion: The Prosecutor's Role In Light Of Expanding Federal Criminal Jurisdiction, Zachary W. Carter, Elizabeth Glazer, Philip B. Heymann, Robert S. Litt

Fordham Urban Law Journal

Moderator: Honorable Barbar S. Jones. Panelists: Zachary W. Carter, Elizabeth Glazer, Philip B. Heymann, Robert S. Litt, David A. Sklansky.


Panel Discussion: The Expanding Prosecutorial Role From Trial Counsel To Investigator And Administrator Jan 1999

Panel Discussion: The Expanding Prosecutorial Role From Trial Counsel To Investigator And Administrator

Fordham Urban Law Journal

MODERATOR: Daniel C. Richman PANELISTS: Laurie L. Levenson, GerardE. Lynch, Honorable John S. Martin, Jr., Julie R. O'Sullivan, Mary Lee Warren, Mary Jo White


Remarks Jan 1999

Remarks

Fordham Urban Law Journal

Remarks by Rudolph W. Guliani in memory of Bill Tendy.


Panel Discussion: The Federal Prosecutor's Role In The Regulatory Process Jan 1999

Panel Discussion: The Federal Prosecutor's Role In The Regulatory Process

Fordham Urban Law Journal

MODERATOR: CharlesM. Carberry PANELISTS: Honorable John S. Martin, Jr., Robert B. Fiske, Jr., Mary Ellen Krist, Ronald K. Noble, Honorable Jed S. Rakoff, Mary Spearing


Introduction, Nicole A. Gordon Jan 1999

Introduction, Nicole A. Gordon

Fordham Urban Law Journal

This article introduces the subject of Volume XXVII, Issue I: an account of a From the Ground Up: Local Lessons for National Reform, a national conference on campaign finance reform held on November 9, 1998, sponsored by the New York City Campaign Finance Board and the Association of the Bar of the City of New York. It offers a brief introduction to the New York City Campaign Finance Program, including the content of several amendments since its first introduction in 1988. While the conference discussed federal campaign finance reform, the focus was on how such reform might be informed by …


Welcoming Remarks, Michael A. Cooper, Fritz A. O'Hare S.J. Jan 1999

Welcoming Remarks, Michael A. Cooper, Fritz A. O'Hare S.J.

Fordham Urban Law Journal

In this transcript, first, Mr. Michael Cooper, President of the Association of the Bar of the City of New York offers welcoming remarks to the conference, describing briefly the work of the Association’s and its Special Commission on Campaign Finance Reform and the focus of the conference, specifically what can be done in the field of federal campaign finance reform based on what has been done at the state and local levels. Second, chair of the Campaign Finance Board, Father O’Hare, addressed the conference focusing on the non-partisan Board of the Campaign Finance Program in New York City as a …


Democracy At A Fair Price? Public Financing Of Elections, Trevor Potter Jan 1999

Democracy At A Fair Price? Public Financing Of Elections, Trevor Potter

Fordham Urban Law Journal

In this transcript, Mr. Trevor Potter, former head of the Federal Elections Commission, moderated a five-person panel on the role of contribution limits and public financing in campaign finance reforms. Acknowledging that on the federal level there is both public funding and mostly unlimited private funding, Mr. Potter posed to the panel the question of whether such a system is good for the public. Through an examination of state examples presented by the panelists, the discussion focused on how public funding is actually working. This discussion included whether public financing of communication is sufficient, particularly as compared to self-funded candidates, …


Local Innovations And Practical Answers To Campaign Costs, Bill Green Jan 1999

Local Innovations And Practical Answers To Campaign Costs, Bill Green

Fordham Urban Law Journal

In this transcript, former Congressman Bill Green and a member of the New York City Campaign Finance Board moderated a panel a five-person panel on the challenges campaign finance reformers face attempting to limit demand with regard to campaign finance. The panelists discussed the relationship between public campaign subsidies and efforts to encourage candidates to limit spending, provide more disclosure, restrict contribution amounts, and to mandate debate participation in the wake of the Supreme Court’s rejection of mandatory spending limits for federal candidates in Buckley v. Valeo, The panel also addressed reform efforts that seek to ease the demand for …


Address: The New York City Experience: Lessons For A National Future, Hon. Edward I. Koch Jan 1999

Address: The New York City Experience: Lessons For A National Future, Hon. Edward I. Koch

Fordham Urban Law Journal

In this address, former Mayor of New York Ed Koch discussed the successful efforts of his administration to create New York’s Campaign Finance Reform Act, a voluntary program imposing lower spending limits and detailed public disclosure requirements on candidates for the five New York City offices who chose to seek public financing. Speaking from the unique position as the first candidate to ever be fined under the Act, Mr. Koch illustrated the importance of the nonpartisan board created under the Act. He then recounted briefly the history of the program and discussed some of the specifics of the original Campaign …


Policing The Politicians: Models For Effective Enforcement, Nicole A. Gordon Jan 1999

Policing The Politicians: Models For Effective Enforcement, Nicole A. Gordon

Fordham Urban Law Journal

In this transcript, Nicole A. Gordon, Executive Director of the New York City Campaign Finance Board and chair of the Government Ethics Committee of the Association of the Bar of the City of New York, moderated a five-person panel on the importance and difficulty of effective enforcement of campaign regulations. The panel discussed the particular trouble of enforcing regulations on political activity where those who are charged with enforcement are subject to the oversight, mandates and budgets determined by the same officeholders whose conduct they are supervising. The 5 panelists were: (1) Rebecca Ávila, Executive Director of the Los Angeles …


Closing Remarks, Chris Shays Jan 1999

Closing Remarks, Chris Shays

Fordham Urban Law Journal

In this transcript, Mr. Begun introduced a final speaker, Congressman Christopher Shays, at From the Ground Up: Local Lessons for National Reform, a national conference on campaign finance reform held on November 9, 1998, sponsored by the New York City Campaign Finance Board and the Association of the Bar of the City of New York. Mr. Shays began by recounting the initiatives of 104th Congress, the first Republican controlled congress in forty years. He then delved into Congress’ efforts to bring soft money contributions under laws that would require disclosure. Advocating for what would become termed “campaign expenditures,” Mr. Shays …


Roundtable Discussion: The Future Of New York: 1898, 1998, Robert Himmelberg Jan 1999

Roundtable Discussion: The Future Of New York: 1898, 1998, Robert Himmelberg

Fordham Urban Law Journal

In this transcript of a symposium held at Fordham University School of Law on November 16, 1998 on the Future of New York, the six participants addressed the broad subject of what the future can bring as New York celebrated its centennial year. Professor Hammack spoke first. He focused on the future of “Greater New York” by discussing the creation of it, the hopes at the time and the changes that occurred since. Next, Professor Siegel addressed the challenge of the telecommunications revolution as New York faced an economic downturn, and possibly an impending national recession. He recounted some of …


Is Sexual Orientation Immutable?: Presenting Scientific Evidence In Litigation To Gain Strict Scrutiny, Dan Brook, Suzanne Goldberg, Kate Diaz Jan 1999

Is Sexual Orientation Immutable?: Presenting Scientific Evidence In Litigation To Gain Strict Scrutiny, Dan Brook, Suzanne Goldberg, Kate Diaz

Fordham Urban Law Journal

The panelists discussed the issue of immutability. Professor Goldberg explored the legal landscape, the use of scientific evidence related to immutability at trial, with a particular focus on Romer v. Evans, and critiqued the use of science-based immutability evidence in litigation. Dr. Brook looked at a number of studies in the etiology of homosexuality, and concluded that the best method of determining immutability scientifically is looking at studies that seek to determine if, and how easily, sexuality can be changed. Finally, Ms. Diaz discussed the political economy of theories of homosexuality, looking at the examples of the political economy and …


Gender Theory And Lesbian, Gay, Bisexual And Transgendered Empowerment, Cynthia R. Kern, Paisley Currah, Dana Turner, Katherine Franke Jan 1999

Gender Theory And Lesbian, Gay, Bisexual And Transgendered Empowerment, Cynthia R. Kern, Paisley Currah, Dana Turner, Katherine Franke

Fordham Urban Law Journal

The panelists discussed the landscape of the law and societal conditions faced by transgendered individuals. They discussed the role of gender, as well as strategic errors in transgendered activism and the unique challenges that transgendered individuals face in the United States. Finally, the Price Waterhouse v. Hopkins decisions was discussed in the context of Title VII protections for transgendered individuals.


Sticks And Stones: The Nexis Between Hate Speech And Violence, Jack Chen, Laura Edidin, Brian Levin, Jack Battaglia Jan 1999

Sticks And Stones: The Nexis Between Hate Speech And Violence, Jack Chen, Laura Edidin, Brian Levin, Jack Battaglia

Fordham Urban Law Journal

The panelists discussed hate speech and how it relates to bias crimes. Examples were given of hate speech experienced by people of LGBT and HIV status. Panelists discussed legislative activity in different states, how hate crime legislation works, Supreme Court speech jurisprudence, and about pending Congressional legislation that sought to include sexual orientation. Finally, the panel focused on hate speech on campuses, including legal developments, responsibility, and remedies.


Name Reporting And Partner Notification Legislation, Catherine Hanssens, Matthew Carmody, Haley Gorenberg, Mildred Pinot Jan 1999

Name Reporting And Partner Notification Legislation, Catherine Hanssens, Matthew Carmody, Haley Gorenberg, Mildred Pinot

Fordham Urban Law Journal

The panelists discussed the issues of names-based HIV reporting and partner notification. The discussion focused on why names reporting became such an important and controversial issue. The Centers for Disease Control and Prevention waged an aggressive campaign in states to institute a national system of HIV test reporting, arguing that it is essential to get a more accurate picture of the epidemic and facilitate individual follow-up. The panelists assessed the pros and cons of this program. Name reporting and partner notification under New York law were also addressed. Finally, the panelists provided discussion on how those contemplating getting tested or …


Section 60.41 Of The New York Criminal Procedure Law: The Sexual Assault Reform Act Of 1999 Challenges Molineux And Due Process, Brooks Holland Jan 1999

Section 60.41 Of The New York Criminal Procedure Law: The Sexual Assault Reform Act Of 1999 Challenges Molineux And Due Process, Brooks Holland

Fordham Urban Law Journal

The 1999 Sexual Assault Reform Act of 1999 proposed the addition of section 60.41 to Article 60 of the New York Criminal Procedure Law to allow prosecutors in sexual assault prosecutions to introduce evidence of a defendant's previous commission of any "offense or offenses of sexual assault.., on any matter to which it is relevant, including the defendant's propensity to commit an offense of sexual assault or the credibility of the alleged victim of the sexual assault . ." The author argues that this law would upset a century of New York law under the Molineux rule, which holds that …


Panel Discussion: The Regulation And Ethical Responsibilities Of Federal Prosecutors Jan 1999

Panel Discussion: The Regulation And Ethical Responsibilities Of Federal Prosecutors

Fordham Urban Law Journal

MODERATOR: Bruce A. Green PANELISTS: John Q. Barrett, Michael R. Bromwich, Rory K. Little, Mark F. Pomerantz, Robert E. Precht


Religion And The Public Defender, Sadiq Reza Jan 1999

Religion And The Public Defender, Sadiq Reza

Fordham Urban Law Journal

This essay argues that the public defender should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional responsibility, except for imminent death or serious bodily harm to another. Having accepted the responsibility of representing indigent criminal defendants, the public defender is duty-bound to not compromise that responsibility for competing religious obligations. This argument rests on four premises: (1) the public defender occupies a unique position in our legal system, and options available to private interest lawyers or other clients should not …


A Vocation For Law? American Jewish Lawyers And Their Antecedents, Marc Galanter Jan 1999

A Vocation For Law? American Jewish Lawyers And Their Antecedents, Marc Galanter

Fordham Urban Law Journal

Louis D. Brandeis is the presiding eminence in the story of the encounter of Jewish with the American legal order. In the centuries since Brandeis started practicing law, Jews have flourished exceedingly in both the legal professional mainstream (practitioners, judiciaries, academics) and the public interest sector. Can this extravagant participation in both hemispheres of the world of American lawyering be explained by something unique to the Jewish tradition or experience? This Essay addresses that question by focusing on Brandeis, who manifests in his person both sides of this extraordinary flourishing. Brandeis seems a felicitous path to understanding, not because he …


Vocation As Curse, F. Giba-Matthews, Ofm Jan 1999

Vocation As Curse, F. Giba-Matthews, Ofm

Fordham Urban Law Journal

This Essay argues that while legal work as a vocation may have positive effects for society as a whole, as well as overall benefits for the legal profession, vocation could very well hurt the lawyer "called" to take up such a vocation. A vocation is not simply the application of one's religious belieft to the practice of law; rather, it is a "burning fire" in a lawyer's soul which the lawyer "cannot contain." Thus, a lawyer's vocation becomes an overwhelming priority. Part I of this Essay provides an explanation of the biblical underpinnings of vocation through a discussion of the …


The Spirit And The Law , Thomas W. Porter, Jr. Jan 1999

The Spirit And The Law , Thomas W. Porter, Jr.

Fordham Urban Law Journal

This Essay asserts that the practice of law is experiencing a spiritual crisis at both the personal and professional level. The Essay seeks to determine the role that the crisis in our paradigms has played in the crisis our personal and institutional lives. Although the crisis in our paradigms are not necessarily responsible for all our problems, our institutions and systems can cause us to be estranged from ourselves and that is what is happening today in the practice of law. We, as a profession, are beginning to see the limitations of our old paradigm, with retributive justice as its …


A Plumber's Guide To Lawyering, Stephen P. Wink Jan 1999

A Plumber's Guide To Lawyering, Stephen P. Wink

Fordham Urban Law Journal

We accept as the natural way that some must lose if others are to win; that some must go hungry, while others eat fully. But, Jesus taught that there is a third way that can arrest the cycle of violence and domination. A way that strikes a chord at the core of beings so that we may fully hear and see the other person we are dealing with. This is what is sometimes called nonviolent resistance. It springs from a conversation with another -- beyond just talking -- but a dialogue of being with another on a one to one …


A Lawyer's Mischellany: Scriptural Resources For Christian Lawyers, Joseph Allegretti Jan 1999

A Lawyer's Mischellany: Scriptural Resources For Christian Lawyers, Joseph Allegretti

Fordham Urban Law Journal

This Essay provides resources for spiritual sustenance and to help bridge the gap between what one does as a lawyer and one professes as a Christian. The author provides a dozen passages from Scripture --some from the Hebrew Scriptures, some from the New Testament -- that the author found relevant to the life and work of Christian lawyers. After each quotation, the author includes a few comments to spark further reflection.


1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin Jan 1999

1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin

Fordham Urban Law Journal

Beginning from the premise that 1998 saw an increase in the number of land-use ethics cases, this Article describes the issues and problems that relate to ethics in land-use cases by breaking them into four separate categories: conflicts of interest, compatibility of office, bias and prejudgment, and miscellaneous. The conflicts of interest section describes cases involving financial gain for oneself, a family member or a business associate. The compatibility of office section describes situations where a person holds multiple public offices and the conflicts in duty that might arise. The bias and prejudgment section describes situations where a person's predetermined …


Urban Holism: The Empowerment Zone And Economic Development In Atlanta, Honorable William Campbell Jan 1999

Urban Holism: The Empowerment Zone And Economic Development In Atlanta, Honorable William Campbell

Fordham Urban Law Journal

This Article focuses on the 1990s renaissance in Atlanta, a time where the rate of violent crime was at the lowest it had been in years and the population was growing for the first time in thirty years. It focuses on three specific explanations of the renaissance: the holistic approach to development, the Empowerment Zone, the community policing program, and the reinvention of public housing. The holistic approach involves an interplay of both the public and private sectors of the city, with no singular method used to revitalize the inner city communities. The Empowerment Zone, a plan created by President …


Reforming The Urban Workplace: The Legacy Of Frances Perkins, Honorable Jeanine Francis Pirro Jan 1999

Reforming The Urban Workplace: The Legacy Of Frances Perkins, Honorable Jeanine Francis Pirro

Fordham Urban Law Journal

This Article focuses on the life and legacy of Francis Perkins, a twentieth century champion of woman's and worker's rights. It examines her work as a reformer and as Secretary of Labor under Franklin Roosevelt, specifically on the issues of woman's rights, education, social services and working conditions for poor. By focusing on specific legislation she helped enact, such as the Social Security Act and laws regarding working conditions, the Article ultimately seeks to portray Perkins as the most influential person to urban America in the twentieth century.


A Trial Judge's Perspective - Promoting Justice And Fairness While Protecting Privilege, Honorable Marian Blank Horn Jan 1999

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 …