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Full-Text Articles in Law

Judge Or Jury? Determining Deception Or Misrepresentation Under The Fair Debt Collection Practices Act, Christian Stueben Jan 2010

Judge Or Jury? Determining Deception Or Misrepresentation Under The Fair Debt Collection Practices Act, Christian Stueben

Fordham Law Review

This Note explores the conflict among the federal circuit courts as to whether a judge or jury should decide if the language contained in a collection letter is false, misleading, or deceptive to the least sophisticated consumer under the Fair Debt Collection Practices Act (FDCPA). Some circuits, such as the Second and Ninth Circuits, hold that this issue is a question of law, appropriate for the judge to decide. In contrast, the Seventh Circuit finds this to be a question of fact, and requires the plaintiff to submit extrinsic evidence in the form of professional surveys in order to reach …


A View From The Immigration Bench, Noel Brennan Jan 2009

A View From The Immigration Bench, Noel Brennan

Fordham Law Review

No abstract provided.


Representation For Immigrants: A Judge's Personal Perspective, Denny Chin Jan 2009

Representation For Immigrants: A Judge's Personal Perspective, Denny Chin

Fordham Law Review

No abstract provided.


A Tribute To Hon. George Bundy Smith -- Colleague, Teacher, And Friend, Judith S. Kaye Jan 2007

A Tribute To Hon. George Bundy Smith -- Colleague, Teacher, And Friend, Judith S. Kaye

Fordham Urban Law Journal

A tribute to Judge George Bundy Smith, discussing his work ethic both as a judge, professor, and mentor, his principles as a jurist, and his personal qualities.


A Tribute To Hon. George Bundy Smith -- A Good Lawyer, Mark Alcott Jan 2007

A Tribute To Hon. George Bundy Smith -- A Good Lawyer, Mark Alcott

Fordham Urban Law Journal

Speech given in tribute to George Bundy Smith, including discussion of his contributions to Fordham Law activities, volunteer organizations, and for the New York State Bar Association, in addition to his work as a writer, teacher, and family member.


A Tribute To Hon. George Bundy Smith -- Excellence, Sandra Jefferson Grannum Jan 2007

A Tribute To Hon. George Bundy Smith -- Excellence, Sandra Jefferson Grannum

Fordham Urban Law Journal

A tribute to George Bundy Smith, focusing on his commitment to excellence as a teacher, mentor, and professional.


A Tribute To Hon. George Bundy Smith -- A Remarkable Jurist And A Remarkable Man, Cornett Lewers Jan 2007

A Tribute To Hon. George Bundy Smith -- A Remarkable Jurist And A Remarkable Man, Cornett Lewers

Fordham Urban Law Journal

A tribute to George Bundy Smith, emphasizing his contributions to The Metropolitan Black Bar Association and the Metropolitan Black Bar Scholarship Fund, as well as his past work as a civil rights protester, and an accomplished jurist.


A Tribute To Hon. George Bundy Smith -- Leadership, Fern Fisher Jan 2007

A Tribute To Hon. George Bundy Smith -- Leadership, Fern Fisher

Fordham Urban Law Journal

A tribute to George Bundy Smith, highlighting his commitment to social justice.


A Tribute To Hon. George Bundy Smith, William Michael Treanor Jan 2007

A Tribute To Hon. George Bundy Smith, William Michael Treanor

Fordham Urban Law Journal

Opening remarks at ceremony honoring Judge George Bundy Smith, including anecdotes from past students, an overview of Judge Smith's career and accomplishments, and a recognition of distinguished guests in the audience.


A Return To Eyes On The Prize: Litigating Under The Restored New York City Human Rights Law, Craig Gurian Jan 2006

A Return To Eyes On The Prize: Litigating Under The Restored New York City Human Rights Law, Craig Gurian

Fordham Urban Law Journal

The recent enactment of the Local Civil Rights Restoration Act ("Restoration Act") reflects the New York City Council's concern that the City Human Rights Law "has been construed too narrowly." The law explicitly rejects the "carbon copy" theory and seeks an independent construction from similar or identical provisions of New York state or federal statutes. The Restoration Act proceeds along two basic tracks. One track consists of a series of amendments to particular sections of the law. These amendments expand retaliation protection, raise the maximum civil penalties that can be awarded in proceeding brought administratively, protect domestic partners against all …


Every Day Is A Good Day For A Judge To Lay Down His Professional Life For Justice , Jack B. Weinstein Jan 2004

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 …


But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White Jan 2001

But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White

Fordham Journal of Corporate & Financial Law

No abstract provided.


Judging Cases V. Public Opinion, Joseph W. Bellacosa Jan 1997

Judging Cases V. Public Opinion, Joseph W. Bellacosa

Fordham Law Review

No abstract provided.


A Judge's Ethical Dilemma: Assessing A Child's Capacity To Choose, Wallace J. Mlyniec Jan 1996

A Judge's Ethical Dilemma: Assessing A Child's Capacity To Choose, Wallace J. Mlyniec

Fordham Law Review

No abstract provided.


Confidentiality: Does The Bar Have An Obligation To Help Close An Evidentiary Gap?, Judith Larsen Jan 1996

Confidentiality: Does The Bar Have An Obligation To Help Close An Evidentiary Gap?, Judith Larsen

Fordham Law Review

No abstract provided.


Honoring Kevin Thomas Duffy On The Occasion Of His 20th Anniversary On The Federal Bench, John D. Feerick Oct 1992

Honoring Kevin Thomas Duffy On The Occasion Of His 20th Anniversary On The Federal Bench, John D. Feerick

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Kevin Thomas Duffy: A Judge In Action, J. Edward Lumbard Oct 1992

Kevin Thomas Duffy: A Judge In Action, J. Edward Lumbard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Some Thoughts On Judge Kevin Thomas Duffy, John F. Keenan Oct 1992

Some Thoughts On Judge Kevin Thomas Duffy, John F. Keenan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


A View From Below, Denis J. Mclnerney Oct 1992

A View From Below, Denis J. Mclnerney

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Tributes To Judge Kevin Thomas Duffy: A Good Friend, Georgene M. Vairo Oct 1992

The Tributes To Judge Kevin Thomas Duffy: A Good Friend, Georgene M. Vairo

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


A Tribute To Kevin Thomas Duffy, Constantine N. Katsoris Jan 1992

A Tribute To Kevin Thomas Duffy, Constantine N. Katsoris

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Charles D. Breitel - Judging In The Grand Style, Thomas Mayo Jan 1978

Charles D. Breitel - Judging In The Grand Style, Thomas Mayo

Fordham Law Review

When Chief Judge Charles D. Breitel retires from the New York Court of Appeals in December 1978, he will leave a legacy of judicial work that spans two and one-half decades, the last eleven years of which will have been a product of his years on New York's highest court. The process of sifting through not only the Chief Judge's many opinions but also his extrajudicial comments has no doubt begun in earnest in a number of quarters. This Article represents an initial attempt to evaluate Chief Judge Breitel's craftmanship as an appellate decisionmaker.


The Compleat Advocate, Rt. Hon. Lord Widgery Jan 1975

The Compleat Advocate, Rt. Hon. Lord Widgery

Fordham Law Review

No abstract provided.