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- Access to justice; A2J (10)
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Articles 1 - 26 of 26
Full-Text Articles in Law
A2j Summit Collection Contributors, David Udell
A2j Summit Collection Contributors, David Udell
Fordham Law Review Online
A compilation of biographies for the authors and participants in this Collection.
All Rise For Civil Justice, Martha Bergmark
All Rise For Civil Justice, Martha Bergmark
Fordham Law Review Online
Equal justice under law is an American ideal. But every year, millions of people lose their cases in civil courts, not because they have done something wrong, but because they do not have the information or legal help they need to make their case. The United States civil justice system must be reformed so that it works for everyone, not just for the wealthy and the represented. For guidance, advocates of civil justice reform should look to the movement for criminal justice reform, which has successfully raised awareness and galvanized coalitions to effect policy change. I eagerly await the case …
The Role Of Data In Organizing An Access To Justice Movement, James Gamble, Amy Widman
The Role Of Data In Organizing An Access To Justice Movement, James Gamble, Amy Widman
Fordham Law Review Online
reminds us that civil justice reform has to start with compelling human stories. She’s right. Building a movement requires drawing in the care and effort of those who previously had not seen the problem. A story of a mother and her family unjustly evicted from their home, of an older gentleman whose life savings are unjustly taken, or of a father fighting for visitation rights unjustly denied: each of these personal stories is an outrage and will often generate anger in the listener. Stories lead those who do not live the injustices of our civil justice system every day to …
A Few Interventions And Offerings From Five Movement Lawyers To The Access To Justice Movement, Jennifer Ching, Thomas B. Harvey, Meena Jagannath, Purvi Shah, Blake Strode
A Few Interventions And Offerings From Five Movement Lawyers To The Access To Justice Movement, Jennifer Ching, Thomas B. Harvey, Meena Jagannath, Purvi Shah, Blake Strode
Fordham Law Review Online
We are five lawyers who occupy very different corners of justice work. We are civil rights, human rights, and criminal defense lawyers, and we have worked at and managed legal services programs. We have taught law at law schools and universities and have built our own organizations. We currently work in interdisciplinary spaces with community organizers, funders, and other stakeholders in the justice system. As diverse as our perspectives are, we share a common belief that any mobilization around access to justice fails if it does not center the vision and strategies of larger social justice movements. We share here …
The Legal Empowerment Movement And Its Implications, Peter Chapman
The Legal Empowerment Movement And Its Implications, Peter Chapman
Fordham Law Review Online
Around the world, a global legal empowerment movement is transforming the way in which people access justice. The concept of legal empowerment is rooted in strengthening the ability of communities to: “understand, use and shape the law.” The movement relies on people helping one another to stand up to authority and challenge injustice. At its center are paralegals, barefoot lawyers, and community advocates. Backed up by lawyers, these advocates are having significant impacts.
A National Movement For Access To Justice Must Be Holistic, Justine Olderman, Runa Rajagopal
A National Movement For Access To Justice Must Be Holistic, Justine Olderman, Runa Rajagopal
Fordham Law Review Online
Jazmine Headley is one of many parents across New York City who depends on childcare benefits in order to work and to be the best single parent she can be to her one-year-old son. When her son’s daycare reported that it was no longer receiving payment from the city-issued childcare voucher, Jazmine’s only option was to take a day off of work to go to her local benefits center and figure out what was wrong. Making the trip to the benefits center meant that Jazmine had to miss a full day’s wage, and navigate the bureaucratic public assistance system, all …
Building A Movement: The Lessons Of Fines And Fees, Lisa Foster
Building A Movement: The Lessons Of Fines And Fees, Lisa Foster
Fordham Law Review Online
I doubt we will ever experience something we (or others) would call an Access to Justice Movement in the United States. The goal is too amorphous, lacks immediacy, and doesn’t resonate: If people don’t perceive that many of their problems have a legal solution, why would they rally to support “100 percent access to effective assistance for essential civil legal needs”? The legal system is too big, too complicated, and too removed from people’s everyday experiences. And especially in low-income communities of color, distrust of the justice system runs deep. People don’t want access to a system they believe is …
Integrating The Access To Justice Movement, Lauren Sudeall
Integrating The Access To Justice Movement, Lauren Sudeall
Fordham Law Review Online
Last fall, advocates of social change came together at the A2J Summit at Fordham University School of Law and discussed how to galvanize a national access to justice movement—who would it include, and what would or should it attempt to achieve? One important preliminary question we tackled was how such a movement would define “justice,” and whether it would apply only to the civil justice system. Although the phrase “access to justice” is not exclusively civil in nature, more often than not it is taken to have that connotation. Lost in that interpretation is an opportunity to engage in a …
Self-Representation Is Becoming The Norm And Driving Reform, Katherine Alteneder
Self-Representation Is Becoming The Norm And Driving Reform, Katherine Alteneder
Fordham Law Review Online
The impact of civil legal entanglement on individuals and communities in matters involving essential basic needs—such as housing, safety, food security, health, education, wages, and family matters—is profound, and, unlike criminal proceedings, there is no right to counsel. Thus, people are, for the most part, their own champions. The outcomes of these entanglements shape the culture, well-being, and capacity of our communities and ought to be of fundamental concern for those engaged in social justice, anti-poverty, and civil rights work.
Don't Go It Alone, Ariel Simon, Sandra Ambrozy
Don't Go It Alone, Ariel Simon, Sandra Ambrozy
Fordham Law Review Online
Civil legal challenges cut across an astonishing range of headline-making social issues. And so, while it is possible to make a compelling case for “access to justice” without tying it to issues of inequality, mobility, race, and equity, that is no way to build or ally with a movement. Access to justice should not just be about “justice” in a narrow legalistic sense, but in the way that the broader world understands it and people feel it, driven by imperatives such as: expanding opportunities for underserved populations; creating legal systems that protect the most vulnerable; and building institutions and structures …
Access To Legal Help Is A Human Service, Jo-Ann Wallace
Access To Legal Help Is A Human Service, Jo-Ann Wallace
Fordham Law Review Online
We are in a pivotal, transformational moment for justice reform in the United States. One of the key strategies undergirding the transformation is a redefinition of interrelated systems that can work together to improve lives. This includes defining access to legal help as an integral part of human services systems.
Striking A Match, Not A Pose, For Access To Justice, Gillian K. Hadfield
Striking A Match, Not A Pose, For Access To Justice, Gillian K. Hadfield
Fordham Law Review Online
One of the things that persistently puzzles and frustrates me in my work on access to justice is just how hard it is to light a fire under anyone about this issue. And I do not think that we are going to make progress on access to justice—to start a movement—until that fire is lit.
"What Do We Want!"?, Rebecca L. Sandefur
"What Do We Want!"?, Rebecca L. Sandefur
Fordham Law Review Online
If asked, most Americans would very likely say that they would rather have “justice” than something like “injustice.” And if asked what “justice” means, many would have an answer. Some responses would name abstract ideals from one religious or cultural tradition or another. One of this type that is particularly dear to me speaks of letting the oppressed go free and breaking every yoke. But other answers about the meaning of justice would be more concrete: “my son wouldn’t be in jail”; “I could pay my hospital bills”; “somebody would help me with this problem.” These definitions of justice reflect …
A Perspective From The Judiciary On Access To Justice, Jonathan Lippman
A Perspective From The Judiciary On Access To Justice, Jonathan Lippman
Fordham Law Review Online
I decided early in 2009, upon becoming Chief Judge and the steward of the justice system in New York, to focus my energy on ensuring that everyone gets their day in court. Regardless of how a person looks or where he or she was born, and regardless of whether or not a person has resources or power, justice cannot be about the color of your skin or the amount of money in your pocket. Justice must mean that when people are fighting for the necessities of life, for the roof over their heads, they must get the legal assistance that …
Building The Access To Justice Movement, David Udell
Building The Access To Justice Movement, David Udell
Fordham Law Review Online
There are innumerable individual problems of access to civil justice. Civil justice, or its absence, will often determine whether people can keep their homes, their family relationships, their health and well-being, their actual safety, their jobs, and their opportunity for a fair resolution of so many more of the challenges that life presents. There are presently many important efforts that enable people to obtain justice, both through the direct provision of legal services and through the broader pursuit of systemic reforms, such as securing and expanding civil rights to counsel, expanding roles for non-lawyers to empower individuals and communities, making …
Don't Bring A Cad File To A Gun Fight: A Technological Solution To The Legal And Practical Challenges Of Enforcing Itar On The Internet, Catherine Tremble
Don't Bring A Cad File To A Gun Fight: A Technological Solution To The Legal And Practical Challenges Of Enforcing Itar On The Internet, Catherine Tremble
Fordham Law Review Online
This Essay begins by outlining Cody Wilson’s motivation to found his organization, Defense Distributed, and the organization’s progress toward its goals. Then, Part II provides a brief overview of the protracted legal battle between Wilson and the State Department over the right to publish Computer-Aided Design (CAD) files on the internet that enable the 3D printing of guns and lower receivers. Part III.A takes a brief look at whether these CAD files are rightly considered speech at all and, if so, what level of protection they might receive. Part III.B then addresses the problem of even asking whether the files …
Negligent Disruption Of Genetic Planning: Carving Out A New Tort Theory To Address Novel Questions Of Liability In An Era Of Reproductive Innovation, Tracey Tomlinson
Negligent Disruption Of Genetic Planning: Carving Out A New Tort Theory To Address Novel Questions Of Liability In An Era Of Reproductive Innovation, Tracey Tomlinson
Fordham Law Review Online
This Essay will address current concerns pertaining to ART-related negligence, and ultimately recommends the adoption of a new tort— negligent disruption of genetic planning (NDGP). This tort would enable plaintiffs to recover damages when an ART clinic’s negligent actions thwart reproductive planning, while simultaneously balancing the serious moral and ethical questions that arise in these situations. This argument proceeds in three Parts. Part I discusses the technological evolution of ART and gives examples of ART-related negligence cases that have occurred in the United States. Part II lays out the current U.S. tort remedies relied on by plaintiffs in these situations, …
Gender And Religious Dress At The European Court Of Human Rights: A Comparison Of Șahin V. Turkey And Arslan V. Turkey, Bronwyn Roantree
Gender And Religious Dress At The European Court Of Human Rights: A Comparison Of Șahin V. Turkey And Arslan V. Turkey, Bronwyn Roantree
Fordham Law Review Online
This paper examines the regulation of the religious dress of men and women in two decisions by the European Court of Human Rights: Şahin v. Turkey and Arslan v. Turkey. In Şahin, the Court upheld a ban on the wearing of the Islamic headscarf, an article of clothing worn exclusively by women, at a public university. In Arslan, the Court rejected a ban on the wearing of a type of religious uniform worn only by men who were members of a politically subversive Islamic group. In both cases, the Court asserted that its decision was necessary to …
More Color More Pride: Addressing Structural Barriers To Interracial Lgbtq Loving, Praatika Prasad
More Color More Pride: Addressing Structural Barriers To Interracial Lgbtq Loving, Praatika Prasad
Fordham Law Review Online
Through an examination of State-supported racial structures, this Essay illustrates that even after the legalization of interracial and same-sex marriages, the State’s control over housing, education, and employment prospects impedes the formation of interracial LGBTQ relationships. This Essay suggests that reducing residential segregation can be a first step in dismantling structural barriers to interracial LGBTQ loving, as truly integrated housing would increase cross-racial contact, lead to better educational and employment outcomes, and give LGBTQ people of color a chance to improve their social capital. This, together with altering how issues of race are framed within the LGBTQ community, will help …
Mediation, Self-Represented Parties, And Access To Justice: Getting There From Here, Jacqueline Nolan-Haley
Mediation, Self-Represented Parties, And Access To Justice: Getting There From Here, Jacqueline Nolan-Haley
Fordham Law Review Online
Mediation is enthusiastically promoted as a vehicle for providing access to justice. This is as true in developing countries as it is in the United States. For individuals, mediation promises autonomy, self-determination and empowerment; for courts, there is the lure of procedural and administrative reforms—reduced dockets and greater efficiencies. Unburdened with formal discovery, evidentiary and procedural rules, pleadings, and motions, mediation is thought to generate access to justice at a faster pace than litigation. Commentators sing its praises while bemoaning its underutilization. I argue that claims about mediation’s ability to provide access to justice should be more modest because mediation …
The Efficacy Of New York's Qualified Prohibition On Ndas And Reforms That Can Protect Sexual Harassment Survivors, Bina Nayee
Fordham Law Review Online
The numerous sexual harassment scandals that were uncovered following the Harvey Weinstein exposé have at least one very positive byproduct: new state legislation aimed to protect and combat sexual misconduct in the workplace. New York is leading the charge by creating a legislative framework that protects a broader spectrum of workers against sexual harassment in the workplace. The State’s 2019 fiscal year budget substantiates the commitment to empower survivors and protect those who may be future targets of sexual harassment in their workplaces. As part of this framework, the State’s human rights laws now extend to and protect independent contractors, …
"All The Women Are White, All The Blacks Are Men, But Some Of Us Are Brave", R.A. Lenhardt, Kimani Paul-Emile
"All The Women Are White, All The Blacks Are Men, But Some Of Us Are Brave", R.A. Lenhardt, Kimani Paul-Emile
Fordham Law Review Online
In 1982, African American feminists, writers, and educators Gloria T. Hull, Patricia Bell Scott, and Barbara Smith co-edited a foundational volume of essays designed to map a program for African American women’s studies and research on issues ranging from racial bias and sexism, to homophobia entitled: “All the Women Are White, All the Blacks are Men, But Some of Us Are Brave.” We reflected on that volume when we accepted the Fordham Law Review’s invitation to take part in its Online symposium honoring 100 years of women at Fordham Law School.
Family Law's Exclusions, Clare Huntington
Family Law's Exclusions, Clare Huntington
Fordham Law Review Online
As Fordham Law School commemorates the hundredth anniversary of women in its ranks, the school is also acknowledging the ways it has excluded women. For this special Issue celebrating scholarship by the women of Fordham, I see a similar theme echoing in my work. From my first article, published soon after I graduated from law school, through my most recent work, I have identified and explored the exclusions riddling family law.
Disturbing Disparities: Black Girls And The School-To-Prison Pipeline, Leah A. Hill
Disturbing Disparities: Black Girls And The School-To-Prison Pipeline, Leah A. Hill
Fordham Law Review Online
Recent scholarship on the school-to-prison pipeline has zeroed in on the disturbing trajectory of black girls. School officials impose harsh punishments on black girls, including suspension and expulsion from school, at alarming rates. The most recent data from the U.S. Department of Education Office for Civil Rights reveals that one of the harshest forms of discipline—out of school suspension—is imposed on black girls at seven times the rate of their white peers. In the juvenile justice system, black girls are the fastest growing demographic when it comes to arrest and incarceration. Explanations for the disproportionate disciplinary, arrest, and incarceration rates …
Putting Students First: Why Noncitizen Parents Should Be Allowed To Vote In School Board Elections, Jennifer Butwin
Putting Students First: Why Noncitizen Parents Should Be Allowed To Vote In School Board Elections, Jennifer Butwin
Fordham Law Review Online
This Essay addresses whether noncitizen parents of school children should be allowed to vote in school board elections. They are currently prohibited from doing so in all but a dozen jurisdictions in only three states. Part I provides background on school boards of education. Part II explores the debate surrounding noncitizen voting in school board elections. It then argues that noncitizen parents’ distinct interest and stake in school board elections support affording them the right to vote in these elections. Moreover, studies show that allowing noncitizen parents to vote would increase the academic achievement of immigrant children, most of whom …
100 Years Of Women At Fordham: A Foreword And Reflection, Elizabeth B. Cooper
100 Years Of Women At Fordham: A Foreword And Reflection, Elizabeth B. Cooper
Fordham Law Review Online
As we reflect back on 100 Years of Women at Fordham Law School, we have much to celebrate. In contrast to the eight women who joined 312 men at the Law School in 1918—or 2.6 percent of the class—women have constituted approximately 50 percent of our matriculants for decades. Life for women at the Law School has come a long way in more than just numbers. For example, in 1932, the Law School recorded the first known practice of “Ladies’ Day,” a day on which some professors would call on women, who otherwise were expected to be silent in their …