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Articles 61 - 90 of 100
Full-Text Articles in Other Law
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.
From Household Bathrooms To The Workplace: Bringing The Americans With Disabilities Act Back To Where It Belongs: An Analysis Of Toyota Motor Manufacturing V. Williams, Argun M. Ulgen
Fordham Urban Law Journal
The purpose of this Comment is to analyze how the Supreme Court's treatment of the ADA in Toyota Motor Manufacturing deviated from the economic goals that Congress targeted when it passed the ADA, and argue that plaintiffs such as Ella Williams are exactly whom Congress had in mind when enacting the ADA. In accordance with Congress's intent under Title I of the ADA, "to provide clear, strong, consistent, and enforcable standards addressing discrimination against individuals," this Comment then attempts to establish a clearer, more formal definition of disability, centered on Congress's remedial economic purposes in enacting the ADA. Part I …
Remarks By The Honorable Judith S. Kaye: Access To Justice Conference, September 11, 2001, The Honorable Judith S. Kaye
Remarks By The Honorable Judith S. Kaye: Access To Justice Conference, September 11, 2001, The Honorable Judith S. Kaye
Fordham Urban Law Journal
Remarks at the Access to Justice Conference: September 11, 2001
Don't Confuse Metatags With Initial Interest Confusion, Yelena Dunaevsky
Don't Confuse Metatags With Initial Interest Confusion, Yelena Dunaevsky
Fordham Urban Law Journal
This Comment focuses on whether the legal doctrine of "initial interest confusion" should be applied in metatag related trademark infringement cases. The Comment agues that because "initial interest confusion" does not improve or clarify the existing process of legal inquiry in a trademark infringement litigation, the doctrine is a superfluous legal tool and may even be harmful from a public policy perspective.
Remarks By The Honorable Jonathan Lippman, Jonathan Lippman
Remarks By The Honorable Jonathan Lippman, Jonathan Lippman
Fordham Urban Law Journal
Remarks by the Honorable Jonathan Lippman at the Access to Justice Conference
Unbundled Legal Services: Untying The Bundle In New York State, Justice Fern Fisher-Brandveen, Rochelle Klempner
Unbundled Legal Services: Untying The Bundle In New York State, Justice Fern Fisher-Brandveen, Rochelle Klempner
Fordham Urban Law Journal
This Article addresses the practice of unbundled legal services as a solution to lack of access to legal aid by the poor. Unbundled legal services is a process by which the client and lawyer agree that the lawyer will provide some, but not all, of the work involved in traditional full service representation. The Article discusses and and evaluates the pros, such as increasing access to justice and efficiency in the courtroom with cons, such as malpractice and ethical concerns.
Equal Protection Denied In New York To Some Family Law Litigants In Supreme Court: An Assigned Counsel Dilemma For The Courts, Robert M. Elardo
Equal Protection Denied In New York To Some Family Law Litigants In Supreme Court: An Assigned Counsel Dilemma For The Courts, Robert M. Elardo
Fordham Urban Law Journal
This Article addresses the concerns over the differences in the right to counsel in family law cases depending on the venue. In New York, persons in family court proceedings have a constitutional right to counsel. Yet the same matter, if heard in the New York Supreme Court, does not afford such a right. This Article advocates the correction of this perceived oversight in the law so that all parties in these important proceedings can receive fair representation.
In Defense Of Ghostwriting, Jona Goldschmidt
In Defense Of Ghostwriting, Jona Goldschmidt
Fordham Urban Law Journal
This Article analyzes the legal community's resistance to ghostwriting for pro se litigants. It examines the nature, extent and benefits of ghostwriting. It analyzes objections to ghostwriting raised in case law and ethics opinions. It describes recent ghostwriting recommendations and regulatory developments. The Article discusses the relevance of the duty of confidentiality and the attorney-client privilege to ghostwriting. It analyzes the legal community's resistance to ghostwriting. The Article concludes that ghostwriting serves a growing segment of the pro se population and that it doesn't violate the court rules or ethical principles.
Privacy Wrongs In Search Of Remedies, Joel R. Reidenberg
Privacy Wrongs In Search Of Remedies, Joel R. Reidenberg
Faculty Scholarship
The American legal system has generally rejected legal rights for data privacy and relies instead on market self-regulation and the litigation process to establish norms of appropriate behavior in society. Information privacy is protected only through an amalgam of narrowly targeted rules. The aggregation of these specific rights leaves many significant gaps and fewer clear remedies for violations of fair information practices. With an absence of well-established legal rights, privacy wrongs are currently in search of remedies. This Article first describes privacy rights and wrongs that frame the search for remedies in the United States. It explores public enforcement of, …
Welcome, John D. Feerick
Welcome, John D. Feerick
Fordham Urban Law Journal
Welcome speech given by Dean Feerick.
Remarks
Fordham Urban Law Journal
Remarks by Rudolph W. Guliani in memory of Bill Tendy.
The Spirit And The Law , Thomas W. Porter, Jr.
The Spirit And The Law , Thomas W. Porter, Jr.
Fordham Urban Law Journal
This Essay asserts that the practice of law is experiencing a spiritual crisis at both the personal and professional level. The Essay seeks to determine the role that the crisis in our paradigms has played in the crisis our personal and institutional lives. Although the crisis in our paradigms are not necessarily responsible for all our problems, our institutions and systems can cause us to be estranged from ourselves and that is what is happening today in the practice of law. We, as a profession, are beginning to see the limitations of our old paradigm, with retributive justice as its …
A Plumber's Guide To Lawyering, Stephen P. Wink
A Plumber's Guide To Lawyering, Stephen P. Wink
Fordham Urban Law Journal
We accept as the natural way that some must lose if others are to win; that some must go hungry, while others eat fully. But, Jesus taught that there is a third way that can arrest the cycle of violence and domination. A way that strikes a chord at the core of beings so that we may fully hear and see the other person we are dealing with. This is what is sometimes called nonviolent resistance. It springs from a conversation with another -- beyond just talking -- but a dialogue of being with another on a one to one …
A Lawyer's Mischellany: Scriptural Resources For Christian Lawyers, Joseph Allegretti
A Lawyer's Mischellany: Scriptural Resources For Christian Lawyers, Joseph Allegretti
Fordham Urban Law Journal
This Essay provides resources for spiritual sustenance and to help bridge the gap between what one does as a lawyer and one professes as a Christian. The author provides a dozen passages from Scripture --some from the Hebrew Scriptures, some from the New Testament -- that the author found relevant to the life and work of Christian lawyers. After each quotation, the author includes a few comments to spark further reflection.
Federalism For The New Millennium: Accounting For The Values Of Federalism, Dennis M. Cariello
Federalism For The New Millennium: Accounting For The Values Of Federalism, Dennis M. Cariello
Fordham Urban Law Journal
This Article explores the long and intricate history of federalism, the arrangement between the federal and local governments to serve the people, in the United States. It begins with the beginnings of federalism in pre-colonial times and continues to discuss how recent Supreme Court decisions have failed to articulate a cohesive test for federalism issues. Ultimately, the Article proposes a method for resolving federalism disputes. This method focuses on the sociopolitical and economic benefits of federalism as the Framers intended. Further, it argues that courts should inquire as to the utility of either the federal or local government regulating a …
Damned To The Inferno? A New Vision Of Lawyers At The Dawning Of The Millennium, Robert J. Cosgrove
Damned To The Inferno? A New Vision Of Lawyers At The Dawning Of The Millennium, Robert J. Cosgrove
Fordham Urban Law Journal
This Article seeks to explain the negative perception the legal profession and lawyers have in the eyes of the American public. Disregarding common answers such as the disproportionate amount of influence lawyers have or high salaries and extravagant lifestyles, this Article argues that a cultural shift has led many Americans to see the law as an arbitrary device. Consequently, this belief is reinforced by lawyers and and perpetuated by law schools, leading to the negative perception of the legal profession. In the process, the Article addresses five main issues: the definition and purpose of the law, the republican theory of …
Roundtable Discussion: The Future Of New York: 1898, 1998, Robert Himmelberg
Roundtable Discussion: The Future Of New York: 1898, 1998, Robert Himmelberg
Fordham Urban Law Journal
In this transcript of a symposium held at Fordham University School of Law on November 16, 1998 on the Future of New York, the six participants addressed the broad subject of what the future can bring as New York celebrated its centennial year. Professor Hammack spoke first. He focused on the future of “Greater New York” by discussing the creation of it, the hopes at the time and the changes that occurred since. Next, Professor Siegel addressed the challenge of the telecommunications revolution as New York faced an economic downturn, and possibly an impending national recession. He recounted some of …
History Repeating Itself: The (D)Evolution Of Recent British And Antiterrorist Antiterrorism Legislation, Gregory C. Clark
History Repeating Itself: The (D)Evolution Of Recent British And Antiterrorist Antiterrorism Legislation, Gregory C. Clark
Fordham Urban Law Journal
Through a study of historical development, this note compares the current antiterrorism legislation in the United States and the United Kingdom. In Part I, the author first sets out the history of British attempts to counter terrorism looking specifically at Northern Ireland. He then discusses parallel American law noting the numerous civil rights violations that came with the laws of each country. In Part II, the author investigates provisions of the United State’s Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), and Britain’s Northern Ireland (Emergency Provisions) Act of 1998 (“EPA”) and Criminal Justice (Terrorism and Conspiracy) Act of …
Honoring The Spirit In The Law: A Lawyer's Confession Of Faith, Melissa M. Weldon
Honoring The Spirit In The Law: A Lawyer's Confession Of Faith, Melissa M. Weldon
Fordham Urban Law Journal
This Essay is a lawyer's public proclamation of her beliefs, using the words of her faith. She explains how her faith permeates through her daily life, and is even relevant to her profession as a lawyer.
The Profession Of Religion And Law, Ted Dotts
The Profession Of Religion And Law, Ted Dotts
Fordham Urban Law Journal
This essay provides definitions for the terms "religion," "law" and "profession." The professional bears the power to bid forth -- to announce, command, tell, declare and make aware. Religion is the power to relate. Law is the power to regulate. The author concludes that religion and law are givens of human living. The question is not whether to have one or the other. The question is how we live with these realities.
History Repeating Itself: The (D)Evolution Of Recent British And Antiterrorist Antiterrorism Legislation, Gregory C. Clark
History Repeating Itself: The (D)Evolution Of Recent British And Antiterrorist Antiterrorism Legislation, Gregory C. Clark
Fordham Urban Law Journal
Through a study of historical development, this note compares the current antiterrorism legislation in the United States and the United Kingdom. In Part I, the author first sets out the history of British attempts to counter terrorism looking specifically at Northern Ireland. He then discusses parallel American law noting the numerous civil rights violations that came with the laws of each country. In Part II, the author investigates provisions of the United States’ Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), and Britain’s Northern Ireland (Emergency Provisions) Act of 1998 (“EPA”) and Criminal Justice (Terrorism and Conspiracy) Act of …
The First Forty Years Of The Commission On Human Rights, Marta B. Varela
The First Forty Years Of The Commission On Human Rights, Marta B. Varela
Fordham Urban Law Journal
This article provides a basic overview of the New York City Commission on Human Rights. It traces the history of the law of the Commission and argues that the Commission's investigative, mediative, prosecutorial, and adjudicatory powers are essential to New York's plan to eradicate housing discrimination.
Peace, Wealth, Happiness, And Small Claim Courts: A Case Study, Arthur Bestf, Deborah Zalesne, Kathleen Bridges, Kathryn Chenoweth
Peace, Wealth, Happiness, And Small Claim Courts: A Case Study, Arthur Bestf, Deborah Zalesne, Kathleen Bridges, Kathryn Chenoweth
Fordham Urban Law Journal
This Article presents empirical data on the operation of the small claims court in the city of Denver. The study underlying this Article evaluated the court in terms of (1) users’ reactions, (2) the correctness of outcomes (recognizing that a determination of the underlying truth may be impossible), (3) the correctness of procedures (allowing for the informality that has been characterized as essential for their operation), and (4) the effective power of the court in terms of enforcement of results. The study shows that small claims courts may be paradigmatic of governmental responses to social problems. They do some good …
Remarks Delivered On The Occasion Of The Presentation Of The Fordham-Stein Prize To The Honorable Milton Pollack On October 26, 1994, John D. Feerick, Milton Pollack
Remarks Delivered On The Occasion Of The Presentation Of The Fordham-Stein Prize To The Honorable Milton Pollack On October 26, 1994, John D. Feerick, Milton Pollack
Fordham Urban Law Journal
In his remarks, John D. Feerick, Dean of Fordham University School of Law, decribes the many accomplishments of Judge Milton Pollack, recepient of the Fordham-Stein Prize. Dean Feerick applauds Judge Pollack's successful consolidation and settlement of the scores of private lawsuits brought on behalf of hundreds of thousands of investors against Michael Milken and Drezel Burnham, Lambert. In his response, Judge Milton Pollack describes how the Supreme Court's ruling in Erie v. Tompkins required federal judges to find and apply state law as interpreted by state courts. This exploded the dockets of district courts and it became the job of …
Shooting Down The Phoenix: Shaw V. Reno And The Controversy Over Race-Conscious Districting, Elizabeth Bachman
Shooting Down The Phoenix: Shaw V. Reno And The Controversy Over Race-Conscious Districting, Elizabeth Bachman
Fordham Urban Law Journal
This Note analyzes the viability of race-conscious districting on two separate levels: first in terms of its efficacy as a means of empowering minority voters, and second, in light of Shaw v. Reno, which has restricted the ability of states and localities to create majority-minority districts. Part II critiques the assumptions underlying race-conscious districting and realistically evaluates the effects of such districting, concluding that despite its shortcomings, race-conscious districting has been very effective at empowering minority voters and furthering their political interests. Part III traces the history of the Voting Rights Act and how it influenced the Supreme Court's treatment …
Out Of The Home Onto The Street: Foster Children Discharged Into Independent Living, Mari Brita Maloney
Out Of The Home Onto The Street: Foster Children Discharged Into Independent Living, Mari Brita Maloney
Fordham Urban Law Journal
The uniformity by which foster children are expelled from their foster homes upon reaching the age of maturity has dire consequences for them and society. With alarming frequency, such children are left homeless and often turn to drugs and prostitution as a means of getting by. This Note discusses the parameters of foster care rights by analyzing the policies and constitutional rights underlying the many current foster care laws. It then proceeds to highlight the ineffectiveness of the current rigid system of foster care laws and proposes a solution that adequately addresses the plight of such children. Ultimately, the Note …
New York State's Designating Petition Process, Jacob H. Weintraub
New York State's Designating Petition Process, Jacob H. Weintraub
Fordham Urban Law Journal
Navigating the laws of how to properly submit a petition to be placed on a local election ballot can often be quite complex and contain many technicalities that can render the petition moot. As a result, many petitioners who lack the expertise in filling out all the requisite forms are left off the ballot. This Note examines the statutes and court decisions that have led to the current body of New York laws governing the designation petition process and discusses the constitutionality of removing a petitioner from a primary ballot due their omission in a cover sheet. The Note proceeds …
Rediscovering The Individual In Federal Election Law, Susan H. Marren
Rediscovering The Individual In Federal Election Law, Susan H. Marren
Fordham Urban Law Journal
The importance of the federal electoral process has traditionally been viewed by Congress as creating the need for heavy regulation to insure its strength and vitality. However, the contribution limitations provisions of the Federal Election Campaign Act of 1971 (FECA) has a detrimental effect to the individual voter, forcing candidates to overlook individual citizens in favor of organizations with large fundraising capabilities. FECA was initially enacted to compel candidates to appeal to more individual voters, mainly by limiting contributions from either individual citizens or corporations. Yet, the Act also permits a corporation or labor organization to create a separate segregated …
Horse Racing And The Law: A Legislative Proposal To Harness Race-Fixing, Bradley S. Telias
Horse Racing And The Law: A Legislative Proposal To Harness Race-Fixing, Bradley S. Telias
Fordham Urban Law Journal
This article, written at a time when horse-racing was experiencing a wave of corruption and race-fixing, first examines the relevant court decisions involving license suspensions in horse racing. An evaluation of the corruption present in both the harness and thoroughbred racing industries is set forth in Part III. Finally, the article proposes legislative amendments to the relevant statutory provisions, designed to stem the tide of thorough-bred corruption and help restore the public's confidence in the sport.
The Legalization And Control Of Casino Gambling, Nelson Rose
The Legalization And Control Of Casino Gambling, Nelson Rose
Fordham Urban Law Journal
This article seeks to demonstrate that the spread of legalized gambling is inevitable as states recognize the immense revenue generating capabilities of casinos. However, in order to realize these revenues and take advantage of them, without incurring the potential negative social side affects, states must control and regulate casinos. Thus, this article examines, through their theoretical structure and practical realities, the four different methods for legalized casino gambling regulation: (1) Nevada's free enterprise model; (2) New Jersey's and Puerto Rico's tourist area revitalization model; (3) England's strict social control model; and (4) the model of complete or partial state ownership.