Fordham Urban Law Journal

A bimonthly legal book published by the law school at Fordham University. Each issue focuses on a single topic, and publishes original research, critical pieces, and long-form essays related to that topic.

Articles from Vol. 29, No. 3, February

Access to Justice in Idaho
Idaho's Court Assistance Office Project started operations in July 1999. The project is overseen by a standing committee of the supreme court known as the Committee to Increase Access to the Courts. When it chose program goals, the committee consulted...
Access to Justice: On Dialogues with the Judiciary
The Access to Justice Conference, sponsored by the New York State Unified Court System, represented a commitment by the Unified Court System to making access to the courts a priority throughout the state. The New York courts and courts throughout...
Beyond Merit Selection
The foundation for an independent federal judiciary is embodied in the U.S. Constitution. The Constitution vests the judicial power of the United States in the Supreme and inferior courts. (1) Federal judges are appointed by the executive subject...
Civil Legal Assistance for Low-Income Persons: Looking Back and Looking Forward
INTRODUCTION Civil legal assistance for indigents in the United States began in New York City in 1876 with the founding of the Legal Aid Society of New York. (1) In 1965, the federal government appropriated funds for legal services through the...
Don't Confuse Metatags with Initial Interest Confusion
INTRODUCTION The beginning of the new millennium brings with it a variety of technological advances and, as a result, more than a handful of legal issues. One of the most prominent technological breakthroughs is the Internet. In the last few...
Equal Protection Denied in New York to Some Family Law Litigants in Supreme Court: An Assigned Counsel Dilemma for the Courts
In New York, the supreme court and the family court enjoy concurrent jurisdiction over many types of family law cases. (1) Among them are those concerning child custody, child and spousal support, adoption, abuse and neglect, parental rights termination,...
From "Renegade" Agency to Institution of Justice: The Transformation of Legal Services Corporation
INTRODUCTION At no time in recent history has the Legal Services Corporation (LSC) and the national legal services community been in a stronger political position. Today, LSC enjoys broad bipartisan support. Federally-funded legal services programs...
If You Gag the Lawyers, Do You Choke the Courts? Some Implications for Judges When Funding Restrictions Curb Advocacy by Lawyers on Behalf of the Poor
You are a county court judge. A woman, through her lawyer, tells you that her husband has just broken her arm and given her a black eye. She requests a restraining order, which you grant. The order requires the husband to leave the house and to...
In Defense of Ghostwriting
INTRODUCTION The increased presence of pro se litigants in the court has resulted in more interest in their plight and the challenges it poses for court administration. (1) The growth of pro se litigation is a sign of the times. It can be attributed...
In the Eye of the Hurricane: Florida Courts, Judicial Independence, and Politics
I. INTRODUCTION Underlying many of the shrill arguments made in the aftermath of the 2000 presidential vote in Florida were questions regarding judicial independence. The concept of judicial independence is often expressed in absolutist terms,...
Judging Judges: Securing Judicial Independence by Use of Judicial Performance Evaluations
INTRODUCTION The current national debate surrounding judicial independence arguably began in 1996 when both presidential candidates engaged in disingenuous political rhetoric about United States District Judge Harold Baer. (1) The national discussion...
May Judges Attend Privately Funded Educational Programs? Should Judicial Education Be Privatized? Questions of Judicial Ethics and Policy
INTRODUCTION Three private institutions devote significant resources to educating judges: the Foundation for Research on Economics and the Environment (FREE); the Law and Organizational Economics Center (LOEC) of the University of Kansas; and...
Preserving Judicial Independence: An Exegesis
When the English landed in Jamestown in 1607, they brought to our shores their language, their government, their commercial system, and their courts. (1) We kept the first three but threw the fourth one back. The court system, at least in the colonies,...
Reflections upon Judicial Independence as We Approach the Bicentennial of Marbury V. Madison: Safeguarding the Constitution's "Crown Jewel"
I. INTRODUCTION By 1787, the Revolution had been won and a new, independent nation born. (1) But, the new nation had yet to clearly define a governmental structure to maintain the principles over which the Revolution was fought. Thus, when the...
Telephone Justice, Pandering, and Judges Who Speak out of School
As Americans we pride ourselves on the rule of law and its sine qua non, an independent judiciary. In The Federalist No. 78, Alexander Hamilton described judicial independence as "an essential safeguard against the effects of occasional ill humors...
The Cycle of Judicial Elections: Texas as a Case Study
I. INTRODUCTION A. Background on Judicial Elections Unlike the federal model of judicial selection, the model for the selection of state judges has undergone significant change throughout American history. (1) Until the mid-1800s, state judicial...
The Ethical Foundations of American Judicial Independence
Our Constitution ... [and] Bill of Rights ... [contain] protections of individual rights ... [I]mportant as these guarantees are, by themselves they were not a uniquely American contribution to the art of government. Long before them England had...
The Law School Consortium Project: Law Schools Supporting Graduates to Increase Access to Justice for Low and Moderate-Income Individuals and Communities
I. INTRODUCTION The Law School Consortium Project began as an experiment designed by a group of law schools. (1) The goal was to extend the educational and professionalism missions of law schools beyond graduation to provide training, mentoring,...
The Public Is Willing
INTRODUCTION Public outreach and education are critically important for the courts. (1) When it comes to conveying information about pro se litigation and pro bono services, public outreach (2) benefits both the courts and the public. The criminal...
The Walking Judge from Alabama
Unless you have been there, the humidity and heat in South Alabama are unimaginable. Even during the last days of May, the sun bears down and the heat rises from the asphalt in undulating waves. Anyone who would walk along the highway at noon on...
Traveling Justice: Providing Court Based Pro Se Assistance to Limited Access Communities
INTRODUCTION A soft morning mist rises from the citrus orchards along the road. Just a hint of fall chill brushes the Ventura County Superior Court's Mobile Self-Help Center as it winds its way to the career center in Santa Paula, California....
Unbundled Legal Services: Untying the Bundle in New York State
Access to the legal system is an inherent right of citizenship, yet far too many New Yorkers are currently denied this right because they lack economic resources. --Chief Judge Judith S. Kaye (1) INTRODUCTION The unmet legal needs of the...