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Articles 31 - 60 of 100
Full-Text Articles in Other Law
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 …
The Light We Shine Into The Grey: A Restorative #Metoo Solution And An Acknowledgement Of Those #Metoo Leaves In The Dark, Nora Stewart
The Light We Shine Into The Grey: A Restorative #Metoo Solution And An Acknowledgement Of Those #Metoo Leaves In The Dark, Nora Stewart
Fordham Law Review
In the past year and a half, American women have publicly discussed experiences of sexual assault, harassment, and—notably—grey-area misconduct in an unprecedented manner. The rhetoric of the #MeToo movement is rife with references to “shining a light” on a set of unexplored issues hitherto obscured in cultural darkness, to following women’s experiences into the grey. What is new about #MeToo, and what likely will be the through line that defines its historical importance, has been its sensitivity to nuance. The grey range of #MeToo misconduct is not a new problem. It is emphatically new, however, as a subject of public …
A Fair Use To Remember: Restoring Application Of The Fair Use Doctrine To Strengthen Copyright Law And Disarm Abusive Copyright Litigation, Lauren Gorab
Fordham Law Review
The primary goal of copyright law is to benefit the public. By rewarding authors with exclusive rights, such as the power to enforce copyright infringement, copyright protection is the means through which copyright law accomplishes this goal. Another way that copyright law pursues its goal is through the fair use doctrine—an invaluable utilitarian limit on copyright protection. However, fair use is, among other things, vague. The current application of fair use as an affirmative defense magnifies the doctrine’s problems and makes copyright law hospitable to abusive copyright litigation. Current proposals in this area of reform target either fair use or …
Cyber Babel: Finding The Lingua Franca In Cybersecurity Regulation, William Pierotti
Cyber Babel: Finding The Lingua Franca In Cybersecurity Regulation, William Pierotti
Fordham Law Review
Cybersecurity regulations have proliferated over the past few years as the significance of the threat has drawn more attention. With breaches making headlines, the public and their representatives are imposing requirements on those that hold sensitive data with renewed vigor. As high-value targets that hold large amounts of sensitive data, financial institutions are among the most heavily regulated. Regulations are necessary. However, regulations also come with costs that impact both large and small companies, their customers, and local, national, and international economies. As the regulations have proliferated so have those costs. The regulations will inevitably and justifiably diverge where different …
“You Must Construct Additional Pylons”: Building A Better Framework For Esports Governance, Laura L. Chao
“You Must Construct Additional Pylons”: Building A Better Framework For Esports Governance, Laura L. Chao
Fordham Law Review
The popularity of “esports,” also known as “electronic sports” or competitive video gaming, has exploded in recent years and captured the attention of cord-cutting millennials—often to the detriment of sports such as basketball, football, baseball, and hockey. In the United States, the commercial dominance of such traditional sports stems from decades of regulatory support. Consequently, while esports regulation is likely to emulate many aspects of traditional sports governance, the esports industry is fraught with challenges that inhibit sophisticated ownership and capital investment. Domestic regulation is complicated by underlying intellectual property ownership and ancillary considerations such as fluctuations in a video …
Life Cycles Of American Legal History Through Bob Dylan's Eyes, Laurie Serafino
Life Cycles Of American Legal History Through Bob Dylan's Eyes, Laurie Serafino
Fordham Urban Law Journal
This Article will examine, from a legal perspective, Dylan's ideas on social policy and change. It begins with an in-depth look at the treatment of African Americans before, during, and after the Civil War by looking at relevant legal statutes and Supreme Court Cases. This Article then looks to the second cycle of revolution to gain Dylan's attention, the struggle of the worker and immigrant during the twentieth century. This article concludes by examining current domestic issues in the third cycle of revolution-- specifically, how corporations exert significant domination over the political process.
Arrested Development: Bob Dylan, Held For Questioning Under Suspicion Of "Autism", Alex Lubet
Arrested Development: Bob Dylan, Held For Questioning Under Suspicion Of "Autism", Alex Lubet
Fordham Urban Law Journal
This Article discusses an encounter Bob Dylan had with the law and its meaning in the context of the social constructions of mental disability, in general, and on autism in particular. The author does not speculate on Dylan's autism status.
Answering To A Higher Authority: Sovereign-Mandated Oversight In The Board Room And The C-Suite, Thomas F. O’Neil Iii, T. Brendan Kennedy
Answering To A Higher Authority: Sovereign-Mandated Oversight In The Board Room And The C-Suite, Thomas F. O’Neil Iii, T. Brendan Kennedy
Fordham Journal of Corporate & Financial Law
The relationship between business organizations and the sovereign agencies that regulate them is being redefined domestically and abroad. In the context of corporate enforcement proceedings, a critical challenge is how to achieve, most effectively, the timehonored public sector objectives of punishment, deterrence, financial restitution and rehabilitation. At issue are important policy considerations and at stake are the integrity and security of the commercial marketplace. The public sector increasingly must balance the pressures of limited resources against the need to ensure that corporate citizens behave not only lawfully, but ethically and responsibly. One solution that has been adopted is the imposition …
Sports In America, John D. Feerick
Sports In America, John D. Feerick
Faculty Scholarship
A speech written and delivered by Dean John Feerick on April 17, 2009 at the Fordham Law School Sports Law Symposium gives us an insightful look into what sports mean to the world around them. Dean Feerick has been involved first hand in a number of influential sports law decisions in his time as a practitioner and this speech serves as a reminder as to the meaningful role that sports play in each one of our lives. Feerick draws from life experiences of his own as well as that of colleagues and family members to observe the timeless and universal …
Of Hitler And Camille Pissarro: Jurisdiction In Nazi Art Expropriation Cases Under The Foreign Sovereign Immunity Act, Elnaz Zarrini
Of Hitler And Camille Pissarro: Jurisdiction In Nazi Art Expropriation Cases Under The Foreign Sovereign Immunity Act, Elnaz Zarrini
Fordham Journal of Corporate & Financial Law
In November 1938, Walter Westfield, a renowned Jewish art dealer in Germany, was arrested, beaten, and imprisoned by the Nazis for an alleged violation of currency exchange laws.1 The true purpose of the arrest was to seize Westfield’s art collection for private resale, “a typical practice of the Nazi government.”2 On December 12 and 13 of the following year, a portion of Westfield’s art collection was seized and auctioned off through an order of the District Attorney’s Office Dusseldorf.3 In 1943, three years after Westfield was fined for the alleged violation and later sent to the Auschwitz death camp and …
Work Friends: A Commentary On Laura Rosenbury's Working Relationships, Ethan J. Leib
Work Friends: A Commentary On Laura Rosenbury's Working Relationships, Ethan J. Leib
Faculty Scholarship
Knowing that work is a site of intimacy between coworkers does not tell us--as lawyers and public policy designers--what should change to accommodate this new knowledge. Rosenbury rightly emphasizes that this deeper understanding of intimate networks at work should enrich and modify our pursuit of antidiscrimination norms in the workplace. On the one hand, we might wish to allow friends to prefer one another at work in order to reinforce the social institution of friendship that does so much to sustain us. On the other hand, the dangers of homophily--the robust sociological finding that we tend to sort ourselves into …
A Home Of Its Own: The Role Of Poverty Law In Furthering Law Schools' Mission, Marie A. Fallinger
A Home Of Its Own: The Role Of Poverty Law In Furthering Law Schools' Mission, Marie A. Fallinger
Fordham Urban Law Journal
This essay argues that poverty law can and should be a part of the law school curriculum. If the law school believes it mission to be creating "1) lawyers as public citizens and leaders; 2) lawyers as skilled technicians of the law; 3) lawyers as skilled counselors; 4) lawyers as advocates on behalf of a cause in legal institutions; and 5) lawyers as transformational partners with the poor" then poverty law instruction is vital.
Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly Moran, Stephanie M. Wildman
Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly Moran, Stephanie M. Wildman
Fordham Urban Law Journal
This Article attempts to demonstrate that legal and racial disparities are taken into account in legal decisions and throughout the legal system, despite people's belief and hope that the law is color and wealth blind. Furthermore, this Article demonstrates that race has always affected U.S. law and the legal system. Finally, prominent examples of race-and-class-neutral law are not neutral at all, but include some inherent biases.
The Return Of Spending Limits: Campaign Finance After Landell V. Sorrell, Richard Briffault
The Return Of Spending Limits: Campaign Finance After Landell V. Sorrell, Richard Briffault
Fordham Urban Law Journal
The article begins by introducing Landell and stating that it is an important decision in campaign finance law because it is the first time since Buckley that a court has held that a candidate expenditure limitation can be constitutional. It then goes through a history of the evolving judicial consideration of candidate expenditure limitations, discussing cases such as Buckley, Homans, and Landell. The article continues by discussing the Landell panels assertion that public funding and spending limits may actually be in conflict with one another. It then goes through some arguments that make the case for spending limits, including prevention …
Securing America’S Capital, Patricia E. Gallagher
Securing America’S Capital, Patricia E. Gallagher
Fordham Urban Law Journal
The concrete barriers, sewer pipes, and chain-link fencing that prompted the National Capital Planning Commission’s security efforts inconvenienced city residents, workers, and visitors and degraded the appearance of one of the most carefully designed and naturally beautiful cities in the world. And yet, what made these barriers intolerable was their underlying message—that the nation’s capital would allow terrorists to limit the American hallmark of open access. The National Capital Planning Commission does not ask federal agencies to ignore the threat reality, but it does ask that agencies cease to install monuments of fear and retrenchment. As the capital’s watchful steward, …
Policing Post-9/11, Robert J. Louden
Policing Post-9/11, Robert J. Louden
Fordham Urban Law Journal
This paper therefore is an attempt to consider post-September 11 law enforcement activities in the context of organized policing in America. Many concepts and procedures used as illustrations have been undertaken by various police agencies. This demonstrates how previously accepted police practices may be changed in part by reaction to crisis legislation or other influences. New York City programs may or may not serve as benchmarks for other agencies. In these times of threat and response some important factors about preparing police for role change became apparent. First, there is a need to specify the new reality and determine what …
The “Threat Of Terrorism” And The Right To The Cit, Peter Marcuse
The “Threat Of Terrorism” And The Right To The Cit, Peter Marcuse
Fordham Urban Law Journal
Restrictions on the everyday use of public space; restrictions on access to public buildings; restrictions on political expression and assembly for political purposes; restrictions on the freedom of immigrants to use public facilities and services in the city; increased segregation, exclusion, and concentrated decentralization of residences and economic activities are all key examples of the way the false threat of terrorism has been used to restrict rights to the city. The Right to the City has never been fully recognized in modern times. The false response to the threat of terrorism has made its realization even more remote.
Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World
Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World
Fordham Urban Law Journal
The era following September 11, 2001 will be remembered as the golden age of law enforcement, the age of a bold paradigm shift inspired by the great challenges we face. It is instructive first to reflect on the old paradigm: as law enforcement agencies, we moved like swimmers in different lanes, all going the same direction with the same mission, yet also working by and for ourselves. Each criminal justice agency dealt with its own issues, staying—for the most part—in its own lane. Then, 9/11 changed everything. Indeed, it is our turn to be the greatest generation. Just as World …
Employer-Based Training Programs For Tanf Recipients: A Public Policy Examination, Nan S. Ellis
Employer-Based Training Programs For Tanf Recipients: A Public Policy Examination, Nan S. Ellis
Fordham Urban Law Journal
The article begins by stating that several programs have been introduced with the goal of lowering the amount of people that live below the poverty level. These programs try to accomplish this by focusing on getting such people jobs, but the focus cannot solely be on workers, it must also be on employers. One type of training that shows promise is Employer-based training, which involves an extensive assessment of the employees skills and job performance, and there are indications that EBT programs might offer better opportunities for at least a segment of the welfare population. The article's goal is to …
Public Service In A Time Of Crisis: A Report And Retrospective On The Legal Community's Response To The Events Of September 11, 2001
Fordham Urban Law Journal
The attacks on September 11, 2001 were unprecedented in scope, and the legal needs that grew out of the attacks were varied and far-reaching. This report summarizes the response of the legal community to these needs. The response was fast, thoughtful, comprehensive, and creative. And as a result, thousands of people were helped and thousands of lawyers were able to use their professional talents and skills in a manner that both led to important services being provided to people in need and resulted in great personal satisfaction. In response to 9/11, the institutions that make up the New York area …
Preparing For The Worst: Re-Envisioning Disaster Legal Relief In The Era Of Homeland Security, Martha F. Davis
Preparing For The Worst: Re-Envisioning Disaster Legal Relief In The Era Of Homeland Security, Martha F. Davis
Fordham Urban Law Journal
The New York legal community's response to the September 11th disaster provides an excellent example of pro bono assistance in a time of crisis. The New York response featured many well-trained lawyers with extensive resources and organizational efforts from the New York City bar. However, not all communities have the same resources and ability to mobilize for a large pro bono effort in response to a disaster. While the New York response was impressive, a lasting effect on pro bono participation or an improvement in the public's perception of the legal profession has not resulted. This essay explores whether, despite …
A Practitioner's Reflections: The Ongoing Relevance Of The Pro Bono Response To 9/11, Ronald J. Tabak
A Practitioner's Reflections: The Ongoing Relevance Of The Pro Bono Response To 9/11, Ronald J. Tabak
Fordham Urban Law Journal
This article discusses the pro bono response to the horrendous events of 9/11 and its ongoing importance. This is not simply because these efforts could replicated or improved on as a response in the event of another catastrophe. More importantly, what was and was not accomplished and by whom, plus the spillover effects of 9/11-related pro bono efforts, all have great significance to efforts to increase "regular” pro bono activities.
Normalcy After 9/11: Public Service As The Crisis Fades, Russell Engler
Normalcy After 9/11: Public Service As The Crisis Fades, Russell Engler
Fordham Urban Law Journal
The legal community's response to 9/11 was fast, thoughtful, comprehensive, creative, and collaborative. The success of the legal community's efforts must be measured not only by analysis of the response to the 9/11 crisis itself, but also by consideration of whether the lessons learned paved the way for an improved response for the legal community to the legal crises facing families every day. The Report on the New York City Bar's response to 9/11 outlined unmet legal needs, many of which still remain unmet. There is also a risk that those responding to the crisis were diverted from attending to …
The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris
The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris
Fordham Urban Law Journal
An overview of different topics covered by the journal throughout the years.
The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris
The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris
Fordham Urban Law Journal
A general overview of the journal's progress and publications.
The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris
The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris
Fordham Urban Law Journal
A general overview of the journal's progress and publications.