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Fordham Law School

Articles 31 - 60 of 101

Full-Text Articles in Accounting Law

Privatization And The New Public Management, E.S. Savas Jan 2001

Privatization And The New Public Management, E.S. Savas

Fordham Urban Law Journal

Privatization is now commonplace throughout the world: in communist, socialist, and capitalist countries; in developed and developing countries; in democracies and dictatorships. It is no longer a partisan or ideological issue, but rather a pragmatic and increasingly routine approach to governing and to managing public services. In short, privatization, properly carried out, works well and produces benefits. It requires a different role for government, and it calls for more brain cells and fewer muscle cells in the public service.

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Old Wine In New Bottles: Public Interest Lawyering In An Era Of Privatization, Louise G. Trubek Jan 2001

Old Wine In New Bottles: Public Interest Lawyering In An Era Of Privatization, Louise G. Trubek

Fordham Urban Law Journal

Both the theory and practice of public interest lawyering are in transition. Whereas the public interest lawyer of the 1960s and 1970s typically advocated before administrative agencies and courts on behalf of poor people and underrepresented groups, the public interest lawyer of today assumes a much greater variety of roles and is involved in a broader array of tasks. One of the causes of this development is the privatization of government, which has been defined as an increased reliance on the private institutions of society to satisfy public needs.

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The Changing Shape Of Government Jan 2001

The Changing Shape Of Government

Fordham Urban Law Journal

Gillian E. Metzger, Alfred C. Aman Jr., Charles F. Sabel, Lester M. Salamon, E.S. Savas and Elliot D. Sclar participate in panel discussions focusing on the question of how to secure government accountability in the context of the expansion of privatization in government? This panel discusses some of the changes we are seeing in government institutions and in the ways government operates. The panelists describe ways in which the move toward privatization and the expansion of the gray area between public and private is occurring, but also will talk about changes we may see as being particularly useful in dealing …

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Privatization In Practice: Human Services Jan 2001

Privatization In Practice: Human Services

Fordham Urban Law Journal

Matthew Diller moderates this panel discussion with Jacquelyn L. Boggess, Anna Burger, Liz Krueger, David V. Mastran and David R. Riemer. This panel discusses questions like, what happens to public sector workers who follow their jobs after they have been contracted out? Additionally, in the debate about privatization versus public service provision, we must be careful not to forget accountability.

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Privatization And The Democracy Problem In Globalization: Making Markets More Accountable Through Administrative Law, Alfred C. Aman Jr. Jan 2001

Privatization And The Democracy Problem In Globalization: Making Markets More Accountable Through Administrative Law, Alfred C. Aman Jr.

Fordham Urban Law Journal

This Article analyzes the privatization of traditional government services by placing such changes in governance in a global context. Looking into what domestic institutions have to do with the global economy, this Article argues that the privatization of governmental services is very much a piece with deregulatory trends in the United States and elsewhere in which state-centered approaches to a variety of regulatory problems increasingly have given way to markets and market discourses at all levels of government. This Article then considers the effects of such privatization trends on the public/private distinction itself, and its implications for democracy in general. …

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Privatization And Public Employment: An Essay On The Current Status And The Stakes, John D. Donahue Jan 2001

Privatization And Public Employment: An Essay On The Current Status And The Stakes, John D. Donahue

Fordham Urban Law Journal

This Essay engages two questions: Is conventional public service being swept away by a tidal wave of outsourcing? And, if replacement by private providers is eroding public employment, how (if at all) should the interests of government works, and government employment as part of America's social landscape, be considered as factors in the debate about privatization?

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Public Oversight Of Public/Private Partnerships Jan 2001

Public Oversight Of Public/Private Partnerships

Fordham Urban Law Journal

Richard Briffault moderates this panel discussion with Jack M. Beermann, Barbara L. Bezdek, Wayne G. Hawley, Susan Sturm and Louise G. Trubek. This panel looks more directly at some of the mechanisms for accountability and monitoring, a central theme of the entire Symposium. The panelists will be talking about such issues as the role of hte courts, litigation, government agencies, monitoring procedures, community organizations, advocacy groups, and public interest lawyering in providing monitoring and accountability for the new organizations and hybrid organizations that are center stage in the era of privatization.

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Forgiveness And Justice, Benjamin C. Zipursky Jan 2000

Forgiveness And Justice, Benjamin C. Zipursky

Fordham Urban Law Journal

A panel discussion of professors and audience members, discussing whether forgiveness has a place in the law and what that place is. Includes comments by panelists Benjamin C. Zipursky (moderator), Douglas B. Ammar, John Q. Barrett, Frederick W. Gay, David M. Lerman and Margaret Colgate Love, as well as comments and questions from audience members.

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Forgiveness, Reconciliation And Responding To Evil: A Philosophical Overview, Jeffrie G. Murphy Jan 2000

Forgiveness, Reconciliation And Responding To Evil: A Philosophical Overview, Jeffrie G. Murphy

Fordham Urban Law Journal

A discussion of the nature of forgiveness and its place in the law. This keynote address touches on the nature of forgiveness, dangers of hasty forgiveness, forgiveness as a virtue, forgiveness and Christianity

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Welcoming Remarks, John Ferrick Jan 2000

Welcoming Remarks, John Ferrick

Fordham Urban Law Journal

Opening remarks of Dean John Ferrick at the Ninth Annual Stein Center Symposium on the Role of Forgiveness in the Law.

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Forgiveness, Reconciliation And Responding To Evil: A Philosophical Overview, Jeffrie G. Murphy Jan 2000

Forgiveness, Reconciliation And Responding To Evil: A Philosophical Overview, Jeffrie G. Murphy

Fordham Urban Law Journal

A discussion of the nature of forgiveness and its place in the law. This keynote address touches on the nature of forgiveness, dangers of hasty forgiveness, forgiveness as a virtue, forgiveness and Christianity

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Welcoming Remarks, John Ferrick Jan 2000

Welcoming Remarks, John Ferrick

Fordham Urban Law Journal

Opening remarks of Dean John Ferrick at the Ninth Annual Stein Center Symposium on the Role of Forgiveness in the Law.

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Forgiveness And Justice, Benjamin C. Zipursky Jan 2000

Forgiveness And Justice, Benjamin C. Zipursky

Fordham Urban Law Journal

A panel discussion of professors and audience members, discussing whether forgiveness has a place in the law and what that place is. Includes comments by panelists Benjamin C. Zipursky (moderator), Douglas B. Ammar, John Q. Barrett, Frederick W. Gay, David M. Lerman and Margaret Colgate Love, as well as comments and questions from audience members.

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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.

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To Profit Or Not-To-Profit: An Examination Of Executive Compensation In Not-For-Profit Organizations Contracting With New York City Jan 1998

To Profit Or Not-To-Profit: An Examination Of Executive Compensation In Not-For-Profit Organizations Contracting With New York City

Fordham Urban Law Journal

This report examined the compensation practices of not-for profit (NFP) organizations that have contracts with New York City.It reports the compensations statistics for NFP's contracting with the city. It also reports that many of these organizations did not comply with the regulations requiring public access to NFP's Annual Returns.

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Then And Now: The Commercial Practice Of Law For Over Fifty Years, Harold A. Segall Jan 1997

Then And Now: The Commercial Practice Of Law For Over Fifty Years, Harold A. Segall

Fordham Urban Law Journal

This article compares the practice of law in 1997 to the practice of law of the past. This article emphasizes the need, now more than ever, for monitoring the costs of legal services and for avoiding litigation. In this context, it is essential to delineate the responsibility of inside counsel and outside counsel and for each to have a close working relationship, where indicated, with the client-manager.

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Religion And Politics: A Reply To Justice Antonin Scalia, Nadine Strossen Jan 1997

Religion And Politics: A Reply To Justice Antonin Scalia, Nadine Strossen

Fordham Urban Law Journal

This piece is an edited transcript of Professor Strossen's oral presentation on "Religion and Politics" at the Jewish Theological Seminary ("JTS") in New York on June 18, 1996. She was responding to Justice Antonin Scalia's presentation at JTS on the same subject on May 21, 1996. The major topics included in this essay are constitutional interpretation regarding individual liberty in general, and constitutional interpretation specifically regarding the two religion clauses of the First Amendment - The Establishment Clause and the Free Exercise Clause. The main conclusion of this piece is that strictly enforcing both First Amendment religion clauses is an …

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Natives, Newcomers And Nativism: A Human Rights Model For The Twenty-First Century, Berta Esperanza Hernández-Truyol Jan 1996

Natives, Newcomers And Nativism: A Human Rights Model For The Twenty-First Century, Berta Esperanza Hernández-Truyol

Fordham Urban Law Journal

This article undertakes a broad overview of nativist sentiment and discrimination in U.S. social and legal history. Following a powerful vignette of a personal experience encountering nativism because of her accent, the author briefly reviews the history of the New York City Human Rights Commission in Part II. Part III traces the history of U.S. immigration and the parallel legacy of nativism, while Part IV details the legal developments arising from alienage discrimination. After reviewing relevant sources of international human rights law, the author concludes in Part VI by advocating a new human rights paradigm that will promote equality and …

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Who's Afraid Of The Human Rights Commission?, Burt Neuborne Jan 1996

Who's Afraid Of The Human Rights Commission?, Burt Neuborne

Fordham Urban Law Journal

This article undertakes an inquiry into the future direction of the New York City Human Rights Commission. In particular, the author imagines two future aims of the Commission, remedying past instances of discrimination and preventing future harm, and advocates a model that proposes a proper balance between the resources allocated to each goal. The author advocates for an expansion of the Commission's focus on preventative measures to deter discrimination by incentivizing employers to adopt precautionary measures, while narrowing remedial focus on guilty individuals.

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A Response To Burt Neuborne, Rolando T. Acosta Jan 1996

A Response To Burt Neuborne, Rolando T. Acosta

Fordham Urban Law Journal

In this response to Burt Neuborne's Who's Afraid of the Human Rights Commission, the author views Neuborne's proposal as representing an inevitable shift in the Commission's limited resources to more preventative measures in combating discrimination. This article argues that Neuborne's approach sacrifices the interests of individual victims of discrimination by focusing Commission resources on employer-centered plans for rights discrimination. The article outlines six drawbacks of the Neuborne model, and concludes that more minor changes will allow a proper balance between allocating resources for post- and pre- event occurrences of discrimination.

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The Greater Good: Broad Remedies For The Chosen Few, Or More Limited, But Accessible, Remedies For The Masses?, Alfred G. Feliu Jan 1996

The Greater Good: Broad Remedies For The Chosen Few, Or More Limited, But Accessible, Remedies For The Masses?, Alfred G. Feliu

Fordham Urban Law Journal

This article supports an approach espoused by Burt Neuborne in Who's Afraid of the Human Rights Commission. In concurring with Neuborne's approach that the Commission should focus its resources on discrimination prevention over remedy, this article seeks in Part I to bolster Neuborne's approach to re-thinking Commission enforcement paradigms. In particular, the author analogizes the human rights problem to other areas of law and concludes that a pre-event model of preventative measures is the better paradigm for the Commission. In Part II, the author harmonizes this discussion by providing new proposals for the Commission's shifting paradigm on human rights enforcement.

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Limiting Respondeat Superior Liability: A Wolf In Sheep's Clothing?, Tracy E. Higgins Jan 1996

Limiting Respondeat Superior Liability: A Wolf In Sheep's Clothing?, Tracy E. Higgins

Fordham Urban Law Journal

In this response to Burt Neuborne's Who's Afraid of the Human Rights Commission, the author seeks to challenge many of the assumptions underlying Neuborne's model calling for increased focus on preventative measures by the Human Rights Commission. In Part I, the author addresses Neuborne's moral arguments and concludes that he undermines the ability of sanctions to deter future conduct. In Part II, the article suggests that although the Human Rights Commission is faced with fewer resources, Neuborne's model for increased preventative enforcement resources would have only a limited impact on employers and would undermine significantly the remedial purpose of human …

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Persistent Misconceptions: A Response To Robert Hammel, Janet Eriv Jan 1996

Persistent Misconceptions: A Response To Robert Hammel, Janet Eriv

Fordham Urban Law Journal

In this response to Robert Hammel's Some Reflections on New York City's Disability Law, the author intends to show that the assumptions underlying Hammel's reflect paternalistic and attitudinal problems that disability law was meant to counteract. The author first provides an overview of civil rights law to argue that disability law fits into traditional anti-discrimination law. The article then examines specific concepts central to disability law, and argues that the federal experience of disability law may be useful in interpreting New York City's disability law. The article then challenges specific contentions offered by Hammel, and argues that his conclusions are …

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Dignity And Non-Discrimination: The Requirement Of "Reasonable Accommodation" In Disability Law, James J. Weisman Jan 1996

Dignity And Non-Discrimination: The Requirement Of "Reasonable Accommodation" In Disability Law, James J. Weisman

Fordham Urban Law Journal

In his response to Robert Hammel's article Some Reflections on New York City's Disability Law, the author seeks to undermine the basic assumptions underlying Hammel's piece. The article first distinguishes preferential treatment of the disabled from providing people with disabilities the means to use resources equally ("reasonable accommodation"), and the author criticizes Hammel's conflation of the two. The article then argues against Hammel's depiction of New York City's definition of disability as unnecessarily broad. Finally, the author concludes that disability statutes aim to provide equal opportunity for people with disabilities, not to provide every one of their needs, in contrast …

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Commercial Litigation In New York State Courts Robert L. Haig, Editor, Honorable Israel Rubin Jan 1996

Commercial Litigation In New York State Courts Robert L. Haig, Editor, Honorable Israel Rubin

Fordham Urban Law Journal

This book review briefly provides an overview of a three-volume series on commercial litigation in New York. In addition to reviewing the structure of the three volumes, the reviewer argues that the series exemplifies both immense breadth and depth, and will be useful for practitioners to consult in New York.

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Multiculturalism In Medical Decisionmaking: The Notion Of Informed Waiver, Elysa Gordon Jan 1996

Multiculturalism In Medical Decisionmaking: The Notion Of Informed Waiver, Elysa Gordon

Fordham Urban Law Journal

Beginning with the proposition that the western medical tradition of emphasizing patient autonomy undermines a patient's ability to limit his or her role in medical decision-making, the author of this student note proposes a model of informed waiver to counterbalance the perceived legal bias towards informed consent. Part I explains the western notion of patient autonomy in two distinct ways: first, autonomy is rooted in western ideals of self-governance and political freedom; second, the article discusses how this idea has been developed in American courts. In Part II, the author draws on anecdotal and empirical evidence to demonstrate that autonomy …

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Constitution Notwithstanding: The Political Illegitimacy Of The Death Penalty In American Democracy, Stephen H. Jupiter Jan 1996

Constitution Notwithstanding: The Political Illegitimacy Of The Death Penalty In American Democracy, Stephen H. Jupiter

Fordham Urban Law Journal

This Comment argues that the death penalty is inconsistent with underlying principles of American democracy and is thus illegitimate as a matter of political philosophy, despite its conceded constitutionality. It analyzes the Supreme Court's idiosyncratic treatment of challenges to capital punishment on grounds of due process, equal protection and cruel and unusual punishment, demonstrating the unreliability of such challenges. It examines in detail the death penalty's political implications for the American system of democracy and why those implications render capital punishment illegitimate in our society. It discusses the role of the political process in the abolition of the death penalty. …

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Local Enforcement Of Laws Prohibiting Discrimination In Housing: The New York City Human Rights Commission, Michael H. Schill Jan 1996

Local Enforcement Of Laws Prohibiting Discrimination In Housing: The New York City Human Rights Commission, Michael H. Schill

Fordham Urban Law Journal

This article examines the problem of housing discrimination in New York City as well as the role of the Human Rights Commission in fighting illegally discriminatory practices. Part I describes the evidence demonstrating housing market discrimination and examines the harmful impact these practices have on many New Yorkers. Part II examines the New York City Human Rights Commission's battle against housing discrimination from its founding in 1955 to the present day. As part of this analysis, New York City's Human Rights Law is compared with analogous protections enacted by the State of New York and the federal government. Data on …

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Where Does New York City Go From Here: Chaos Or Community?, Victor A. Bolden Jan 1996

Where Does New York City Go From Here: Chaos Or Community?, Victor A. Bolden

Fordham Urban Law Journal

This article argues that the New York City Human Rights Commission, thirty years after the Civil Rights Movement, must continue to racially desegregate New York City. It portrays this time as critical for whether New York City, in the words of Dr. Martin King Luther Jr., will promote racial chaos or community. The article first outlines the incentives in promoting community. In part II, the article contemplates two major barriers to community and finally, considers strategies for dismantling those barriers.

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Some Thoughts And Reflections On The Fortieth Anniversary Of The New York City Human Rights Commission Jan 1996

Some Thoughts And Reflections On The Fortieth Anniversary Of The New York City Human Rights Commission

Fordham Urban Law Journal

This article serves as a response to a previous article in this issue, entitled Local Law Enforcement of Laws Prohibiting Discrimination in Housing: The New York City Human Rights Commission, by Michael H. Schill. This article reflects the tripartite structure of Schill's, and comments on each of the three sections in turn: first, the article conducts an analysis of the statistical evidence of housing discrimination; second, this article contemplates the myriad consequences of discrimination on minority communities; finally, the paper concludes with a reflection on the future prospects of the Human Rights Commission in anti-discrimination law.

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