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Cardozo Law Review

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Articles 31 - 60 of 134

Full-Text Articles in Legal Profession

Unauthorized Practice Of Law And Meaningful Access To The Courts: Is Law Too Important To Be Left To Lawyers?, Matthew Longobardi Jun 2014

Unauthorized Practice Of Law And Meaningful Access To The Courts: Is Law Too Important To Be Left To Lawyers?, Matthew Longobardi

Cardozo Law Review

No abstract provided.


Reimagining The Role Of Defense Counsel For Adolescents In The Adult Criminal Court System: Bringing The Community And Policymakers Into The Process To Achieve The Goals Of Gideon, Nancy Ginsburg Feb 2014

Reimagining The Role Of Defense Counsel For Adolescents In The Adult Criminal Court System: Bringing The Community And Policymakers Into The Process To Achieve The Goals Of Gideon, Nancy Ginsburg

Cardozo Law Review

No abstract provided.


Bringing The Best Of Both Worlds: Recommendations For Criminal Justice Reform For Older Adolescents, Lisa Schreibersdorf Feb 2014

Bringing The Best Of Both Worlds: Recommendations For Criminal Justice Reform For Older Adolescents, Lisa Schreibersdorf

Cardozo Law Review

No abstract provided.


An Uncertain Privilege: Reexamining Garner V. Wolfinbarger And Its Effect On Attorney-Client Privilege, Benjamin Cooper Feb 2014

An Uncertain Privilege: Reexamining Garner V. Wolfinbarger And Its Effect On Attorney-Client Privilege, Benjamin Cooper

Cardozo Law Review

No abstract provided.


Beyond Bing: The Arthur Rule Lives On As The Touchstone For The New York State Right To Counsel, Adrienne Levy Dec 2013

Beyond Bing: The Arthur Rule Lives On As The Touchstone For The New York State Right To Counsel, Adrienne Levy

Cardozo Law Review

No abstract provided.


Taking Rules Seriously: The Rise Of Lawyer Rules As Substantive Law And The Public Policy Exception In Contract Law, Benjamin P. Cooper Oct 2013

Taking Rules Seriously: The Rise Of Lawyer Rules As Substantive Law And The Public Policy Exception In Contract Law, Benjamin P. Cooper

Cardozo Law Review

Are the Rules of Professional Conduct "law?" In disciplinary proceedings, there is no question that they are, but their impact beyond the disciplinary realm remains a matter of controversy. As the Restatement of the Law Governing Lawyers aptly states: "The legal effect of officially adopted lawyer codes is fundamental and diverse." Scholars have examined the non-disciplinary impact of the professional rules in a variety of areas, but this Article examines a largely unexplored question: the enforceability of certain agreements (e.g. lawyers splitting fees with nonlawyers) that are prohibited by the professional rules. If lawyers enter into these prohibited agreements, they …


Lawyers And Mediation: Lessons From Mediator Stories, Sharon Press Aug 2013

Lawyers And Mediation: Lessons From Mediator Stories, Sharon Press

Cardozo Law Review

No abstract provided.


Lessons From Mediators' Stories, John Lande Aug 2013

Lessons From Mediators' Stories, John Lande

Cardozo Law Review

No abstract provided.


Quasi-Judicial Prosecutors And Post-Conviction Claims Of Innocence: Granting Recusals To Make Impartiality A Reality, Rachel Pecker Apr 2013

Quasi-Judicial Prosecutors And Post-Conviction Claims Of Innocence: Granting Recusals To Make Impartiality A Reality, Rachel Pecker

Cardozo Law Review

No abstract provided.


Discovery About Discovery: Sampling Practice And The Resolution Of Discovery Disputes In An Age Of Ever-Increasing Information, Charles Yablon, Nick Landsman-Roos Dec 2012

Discovery About Discovery: Sampling Practice And The Resolution Of Discovery Disputes In An Age Of Ever-Increasing Information, Charles Yablon, Nick Landsman-Roos

Cardozo Law Review

This Article provides the first extended academic consideration of a new practice adopted by an increasing number of courts to resolve e-discovery disputes - the sampling of a small portion of the information sought in backup or other relatively inaccessible files. We provide a comprehensive overview and statistical analysis of contemporary sampling techniques, identifying issues where sampling practice is inconsistent or where additional guidance appears to be required. Our aim is to provide a coherent theoretical approach to the use of sampling, suggesting "best practices" for many unresolved issues, and locating sampling practice within broader contemporary debates about discovery.


Dynamic Fiduciary Duties, Andrew S. Gold Dec 2012

Dynamic Fiduciary Duties, Andrew S. Gold

Cardozo Law Review

This Article assesses a fundamental puzzle concerning directors' fiduciary duties. While courts have gradually refined the content of fiduciary duties, they have yet to determine which parties are the beneficiaries of these duties. In the standard Delaware pronouncement, directors owe their duties to "the corporation and its shareholders." Since the interests of the corporation and its shareholders will diverge in various settings, this is at best an indeterminate legal doctrine. The puzzle is that this indeterminacy remains an ongoing feature of the law, rather than a temporary area of uncertainty. Why don't the courts pick just the shareholders, or just …


A Power And A Duty: Prosecutorial Discretion And Obligation In United States Sentencing Guideline § 3e1.1(B), Laura Waters Dec 2012

A Power And A Duty: Prosecutorial Discretion And Obligation In United States Sentencing Guideline § 3e1.1(B), Laura Waters

Cardozo Law Review

No abstract provided.


In Defense Of Flexiphobia: How Training In Intractability Can Help Lawyers In Moments Of Perceived Emergency, Richard H. Weisberg Jun 2012

In Defense Of Flexiphobia: How Training In Intractability Can Help Lawyers In Moments Of Perceived Emergency, Richard H. Weisberg

Cardozo Law Review

No abstract provided.


Accessing Justice: The Availability And Adequacy Of Counsel In Removal Proceedings (New York Immigrant Representation Study Report: Part 1), Peter L. Markowitz, Jojo Annobil, Stacy Caplow, Peter V.Z Cobb, Nancy Morawetz, Oren Root, Claudia Slovinsky, Zhifen Cheng, Lindsay Nash Dec 2011

Accessing Justice: The Availability And Adequacy Of Counsel In Removal Proceedings (New York Immigrant Representation Study Report: Part 1), Peter L. Markowitz, Jojo Annobil, Stacy Caplow, Peter V.Z Cobb, Nancy Morawetz, Oren Root, Claudia Slovinsky, Zhifen Cheng, Lindsay Nash

Cardozo Law Review

The article addresses the immigrant representation crisis in U.S. immigration courts, highlighting a severe shortage of competent legal representation for individuals in removal proceedings. This crisis is marked by both a lack of quantity and quality of representation, exacerbated by rising deportation rates, detention practices, and resource constraints faced by removal defense providers (RDPs). The study underscores the critical role of legal representation in achieving successful outcomes, with stark disparities in success rates between represented and unrepresented individuals. It advocates for systemic solutions, including expanded funding, improved coordination among providers, and policy reforms to ensure fair and competent representation for …


Justice Stevens's Legacy And Immigrant Representation, Lewis J. Liman Dec 2011

Justice Stevens's Legacy And Immigrant Representation, Lewis J. Liman

Cardozo Law Review

No abstract provided.


Foreword: The Study Group On Immigrant Representation Symposium Innovative Approaches To Immigrant Representation: Exploring New Partnerships, Robert A. Katzmann Dec 2011

Foreword: The Study Group On Immigrant Representation Symposium Innovative Approaches To Immigrant Representation: Exploring New Partnerships, Robert A. Katzmann

Cardozo Law Review

No abstract provided.


The Asylum Representation Project And The Leon Levy Fellowship At Human Rights First: An Innovative Partnership To Increase Pro Bono Representation For Indigent Asylum-Seekers, Lori Adams, Alida Y. Lasker Dec 2011

The Asylum Representation Project And The Leon Levy Fellowship At Human Rights First: An Innovative Partnership To Increase Pro Bono Representation For Indigent Asylum-Seekers, Lori Adams, Alida Y. Lasker

Cardozo Law Review

No abstract provided.


To License Or Not To License? A Look At Differing Approaches To Policing The Activities Of Nonlawyer Immigration Service Providers, Careen Shannon Dec 2011

To License Or Not To License? A Look At Differing Approaches To Policing The Activities Of Nonlawyer Immigration Service Providers, Careen Shannon

Cardozo Law Review

State (and some local) governments have struggled to find ways to protect immigrants from exploitation by persons falsely holding themselves out as immigration lawyers or claiming expertise as notarios or immigration consultants. Existing legislation ranges from attempts to regulate the activities of nonlawyer immigration service providers (ISPs) by delineating prohibited practices; to requiring ISPs to post a bond or register with the state; to specifically restricting the provision of immigration assistance for compensation by any nonlawyer who is not accredited by the Board of Immigration Appeals to transcription, translation, document procurement and related clerical tasks. A comparative look at the …


When The State Demands Disclosure, Rebecca Aviel Dec 2011

When The State Demands Disclosure, Rebecca Aviel

Cardozo Law Review

The obligation to provide certain types of information to government authorities - reporting child abuse, say, or insurance fraud - is proliferating. Are these laws enforceable against lawyers who obtain the sought-after information in the course of representing a client? This Article sets out to answer exactly that question. It begins by explaining why it is wrong to approach the question by balancing the policies that underlie attorney-client confidentiality against those underlying reporting statutes. Such an approach fails to grasp the essential nature of the question, which is one of legislative power and legislative intent. This Article is the first …


State Attorneys General's Use Of Concurrent Public Enforcement Authority In Federal Consumer Protection Laws, Amy Widman, Prentiss Cox Oct 2011

State Attorneys General's Use Of Concurrent Public Enforcement Authority In Federal Consumer Protection Laws, Amy Widman, Prentiss Cox

Cardozo Law Review

Recent scholarly and legislative interest in state enforcement of federal law has led to the need for an empirical understanding of how and when these enforcement powers are used. This Article reports on an examination of the use by state attorneys general of sixteen federal consumer protection laws that expressly allow for state enforcement. The data are sorted and analyzed by both single state actions and multistate actions over time, and by the involvement of federal agencies in the state cases. The data reveal a measured use of such powers by state attorneys general and robust state and federal cooperation …


A New Breath Of Life For Private Rule 10b-5(B) Litigation After Stoneridge: Sec V. Tambone And Implied Statements By Collateral Actors, David R. Allen May 2011

A New Breath Of Life For Private Rule 10b-5(B) Litigation After Stoneridge: Sec V. Tambone And Implied Statements By Collateral Actors, David R. Allen

Cardozo Law Review

No abstract provided.


Organizational Guidelines For The Prosecutor's Office, Rachel E. Barkow Jun 2010

Organizational Guidelines For The Prosecutor's Office, Rachel E. Barkow

Cardozo Law Review

No abstract provided.


Beyond Training Prosecutors About Their Disclosure Obligations: Can Prosecutors' Offices Learn From Their Lawyers' Mistakes?, Bruce A. Green Jun 2010

Beyond Training Prosecutors About Their Disclosure Obligations: Can Prosecutors' Offices Learn From Their Lawyers' Mistakes?, Bruce A. Green

Cardozo Law Review

Prosecutors, criminal defense lawyers, judges, and legal academics from around the country recently met at the Benjamin N. Cardozo School of Law in New York to discuss prosecutors' compliance with their disclosure obligations. The overarching question was how prosecutors' offices could do a better job. To assist representatives of the legal profession in approaching this question from new directions, the Symposium organizers invited speakers from outside the legal profession to talk about the causes of error and methods used to reduce error in other contexts. One of the themes was that, outside the practice of law, individuals and institutions learn …


New Perspectives On Brady And Other Disclosure Obligations: Report Of The Working Groups On Best Practices Jun 2010

New Perspectives On Brady And Other Disclosure Obligations: Report Of The Working Groups On Best Practices

Cardozo Law Review

No abstract provided.


Introduction: In Flagrante Depicto, Peter Goodrich Mar 2010

Introduction: In Flagrante Depicto, Peter Goodrich

Cardozo Law Review

No abstract provided.


Caught In The Act Of Picturing, Barbara Villez Mar 2010

Caught In The Act Of Picturing, Barbara Villez

Cardozo Law Review

No abstract provided.


Law And Humor In Johnnie To's Justice, My Foot!, Marco Wan Mar 2010

Law And Humor In Johnnie To's Justice, My Foot!, Marco Wan

Cardozo Law Review

No abstract provided.


Evidence Verité And The Law Of Film, Jessica Silbey Mar 2010

Evidence Verité And The Law Of Film, Jessica Silbey

Cardozo Law Review

No abstract provided.


The New Wall Of Separation: Permitting Diversity, Restricting Competition, Ran Hirschl, Ayelet Shachar Jun 2009

The New Wall Of Separation: Permitting Diversity, Restricting Competition, Ran Hirschl, Ayelet Shachar

Cardozo Law Review

No abstract provided.


Loyalty Testing For Attorneys: When Is It Necessary And Who Should Decide?, Mary Elizabeth Basile May 2009

Loyalty Testing For Attorneys: When Is It Necessary And Who Should Decide?, Mary Elizabeth Basile

Cardozo Law Review

The concept of loyalty has been manipulated to mean different things with respect to the profession of law depending on the political climate brought about by national crises throughout the history of this country. An attorney's loyalty to his country has referred to more than mere allegiance and support of the laws of the sovereignty in that it has been understood to concern specified beliefs, doctrines, and associations. It has been tested through the imposition of loyalty oaths from the colonial days through the Civil War and Cold War, to the current post-September 11 era in which the government's emphasis …