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Articles 1 - 27 of 27
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Bulletin Of Information 1998-1999, Fordham Law School
Bulletin Of Information 1998-1999, Fordham Law School
Law School Bulletins 1905-2000
Annual bulletin with academic calendar, school objectives & course of studies, faculty, administration, degrees conferred, course descriptions, fees & tuition, financial assistance, admission requirements, academic regulations, examinations & grades, student organizations, Alumni Association, nondiscrimination & affirmative action policies
Lawyering For A New Age, Judith S. Kaye
Religious Symbols And Religious Garb In The Courtroom: A Catholic Lawyer And The Church's Social Teaching, F. Giba-Matthews
Religious Symbols And Religious Garb In The Courtroom: A Catholic Lawyer And The Church's Social Teaching, F. Giba-Matthews
Fordham Law Review
No abstract provided.
Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights: Introduction, Catherine Powell
Faculty Scholarship
As we celebrate the Fiftieth Anniversary of the Universal Declaration of Human Rights, the idea of human rights endures. The human rights idea was honored at a conference organized by the Association of the Bar of the City of New York, held at Fordham Law School on December 10-12, 1999, to commemorate the first fifty years of the Universal Declaration of Human Rights. The four pieces that follow were presented at the conference as part of a panel addressing one of the central philosophical concerns regarding the human rights project: its universality. While the panel's title, "What is a Human …
Our Administrative System Of Criminal Justice, Gerard E. Lynch
Our Administrative System Of Criminal Justice, Gerard E. Lynch
Fordham Law Review
In Honor of William M. Tendy. Bill Tendy was already a legend among federal prosecutors when I first served as an Assistant United States Attorney for the Southern District of New York in the early 1980s. To us youngsters, Bill even then seemed a survivor from another era, when prosecutors really did resemble the tough-talking Hollywood DAs played by actors like Brian Donleavy - while we felt more like insecure young lawyers who should be played by Michael J. Fox or Calista Flockhart. Partly, of course, this was just a function of age and experience; hard as it was to …
"Nice Work If You Can Get It": "Ethical" Jury Selection In Criminal Defense, Abbe Smith
"Nice Work If You Can Get It": "Ethical" Jury Selection In Criminal Defense, Abbe Smith
Fordham Law Review
No abstract provided.
Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis
Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis
Fordham Law Review
No abstract provided.
Practicing Criminal Law: A Jewish Law Analysis Of Being A Prosecutor Or Defense Attorney, Michael J. Broyde
Practicing Criminal Law: A Jewish Law Analysis Of Being A Prosecutor Or Defense Attorney, Michael J. Broyde
Fordham Law Review
No abstract provided.
An Argument For Preserving The Agency Defense As Applied To Prosecutions For Unlawful Sale, Delivery, And Possession Of Drugs, Scott W. Parker
An Argument For Preserving The Agency Defense As Applied To Prosecutions For Unlawful Sale, Delivery, And Possession Of Drugs, Scott W. Parker
Fordham Law Review
No abstract provided.
Substantial Assistance And Sentence Severity: Is There A Correlation Substantial Assistance, Ian Weinstein
Substantial Assistance And Sentence Severity: Is There A Correlation Substantial Assistance, Ian Weinstein
Faculty Scholarship
How much more severe are sentences imposed in districts with low substantial assistance rates than those in which the rate is very high? In the aggregate, not at all. At first blush this may puzzle readers because substantial assistance (SA) departures are very unevenly distributed across districts and SA accounts for nearly two-thirds of all downward departures, almost 7,900 of the 12,000 in fiscal 1996. Although this pattern could result in gross disparities among districts, my analysis of inter-district sentencing patterns reveals no statistically significant correlation between the rate of SA departures and the average length of sentences imposed in …
Rethinking Mcclesky V. Kemp: How U.S. Ratification Of The International Convention On The Elimination Of All Forms Of Racial Discrimination Provides A Remedy For Claims Of Racial Disparity In Death Penalty Cases, Robin H. Gise
Fordham International Law Journal
This Note addresses U.S. obligations under CERD in the context of racial disparity in the imposition of the death penalty and proposes courses of domestic and international action. Part I examines the historical racial disparity in the imposition of the death penalty in the United States. It discusses the U.S. Supreme Court's decision in McClesky to deny relief to a death row inmate who demonstrated that race influenced whether a death sentence was imposed. Part I also explores the development of CERD and discusses CERD's standard for proving discrimination based on a showing of racially discriminatory effect. Finally, Part I …
Toward Peace In Northern Ireland, George J. Mitchell
Toward Peace In Northern Ireland, George J. Mitchell
Fordham International Law Journal
That is one side of the coin of liberty. When we adjourned for the Christmas holiday the prospects were bleak. It was in mid-February 1998, on the flight from Dublin back to the United States, that I began to devise a plan to establish an early deadline for an end to the talks. He stayed up all night at the White House, telephoning several of the delegates at critical times in the final hours of negotiation. Most importantly for its survival, the agreement was overwhelmingly endorsed by the people of Ireland, North and South, in a free and democratic election. …
Peace Agreement - Or Last Piece In A Sellout Agreement?, Ian Paisley
Peace Agreement - Or Last Piece In A Sellout Agreement?, Ian Paisley
Fordham International Law Journal
Indeed, it is the distress caused by the content of the Agreement that has provoked such widespread alarm and division within Unionism. The proposals contained in the Agreement are not remarkably new in content, but they now have the endorsement of those who were previously opposed to such mechanisms that will fundamentally undermine the status of Northern Ireland within the Union and impose a system of government so alien that it is far removed from any known concept of democracy and fairness. According to the author's copy of the Mitchell draft, the UUP lost out on the number of seats …
Life Before The Modern Sex Offender Statutes , Deborah W. Denno
Life Before The Modern Sex Offender Statutes , Deborah W. Denno
Faculty Scholarship
This Article examines the social and legal developments that fueled the origins and recurring problems of sex offender laws. Part I of this Article discusses the primary precursors of the sexual psychopath statutes that encouraged the public's and politicians' acceptance of the concept of sexual psychopathy: the increasing sexualization of American society, changes in gender roles and relations, the valuation of children and the family unit, and the influx of psychiatry. Part II describes how the diagnosis of sexual psychopathy slowly developed as a result of the criminal justice system's growing tendency to explain criminal behavior in psychoanalytic terms. Part …
A Rational Discussion Of Current Drug Laws, Nicholas Deb. Katzenbach
A Rational Discussion Of Current Drug Laws, Nicholas Deb. Katzenbach
Fordham Urban Law Journal
This article that declaring a "war" on drugs was bad policy. It argues that the bad effects of the laws against drugs outweigh its benefits and argues for a new approach to legislation on drug use.
Harnessing Payne: Controlling The Admission Of Victim Impact Statements To Safeguard Capital Sentencing Hearings From Passion And Prejudice, Beth E. Sullivan
Harnessing Payne: Controlling The Admission Of Victim Impact Statements To Safeguard Capital Sentencing Hearings From Passion And Prejudice, Beth E. Sullivan
Fordham Urban Law Journal
This article begins by tracing the historical development of victim impact evidence through Supreme Court jurisprudence and state legislation and analyzes their use in the sentencing of phase capital punishment trials. It argues that the Supreme Court's decision in Payne V Tennessee allowing a jury to consider victim impact evidence in capital punishment sentencing is troublesome in light of a capital punishment defendant's constitutional rights, the history of the death penalty and traditional sentencing procedures. It concludes with a proposal for guidelines to regulates the use of such evidence in capital punishment sentencing,
Judicial Efficiency: Is There A Vacancy Crisis Threatening The Nation's Judicial System?, Panel Discussion
Judicial Efficiency: Is There A Vacancy Crisis Threatening The Nation's Judicial System?, Panel Discussion
Fordham Urban Law Journal
A panel composed of Honorable John F. Keenan, Michael Armstrong, Otto Obermaier, Honorable Michael Schattman, and Stephan Kline discuss whether the vacancy rate in the judiciary threatens erosion of the quality of justice. The panelists discuss whether the problem involves the White House's inability to work with the Senate Judiciary Committee, people of different persuasions, to move judicial candidates along. They also discuss how our system is dependent upon people who are older (senior judges), who are retired, who are entitled to move on, having to fill the vacancies. The panel discussion was followed by a short ceremony to unveil …
Women, War, And Words: The Gender Component In The Permanent International Criminal Court's Definition Of Crimes Against Humanity, Brook Sari Moshan
Women, War, And Words: The Gender Component In The Permanent International Criminal Court's Definition Of Crimes Against Humanity, Brook Sari Moshan
Fordham International Law Journal
This Comment addresses the intersection of gender issues and human rights law as illustrated by the formation of the permanent ICC. Specifically, it argues that the inclusion of gender- motivated crimes in the ICC's definition of crimes against humanity was necessary to emphasize women's wartime experiences and injuries, but that such inclusion is not enough to ensure gender justice as the ICC begins to prosecute war crimes and crimes against humanity. Part I of this Comment discusses the concept of gender-based crimes and illustrates these crimes through recent examples of gender-based violence. It also reviews the history of the ICC, …
Prisoners, The Agreement, And The Political Character Of The Northern Ireland Conflict, Kieran Mcevoy
Prisoners, The Agreement, And The Political Character Of The Northern Ireland Conflict, Kieran Mcevoy
Fordham International Law Journal
This Essay first explores the historical context of prisoner release in Ireland, North and South. Second, the role of prisoners in the process of conflict resolution in the 1990s is examined in the periods before and after the breakdown of the first IRA cease- fire. The provisions within the Good Friday Agreement and subsequent legislation are then analyzed in so far as they relate to prisoner release as an incentive for peace among organizations outside the peace process, decommissioning, the victims of violence, and prisoner reintegration. Finally, this Essay argues that the "prisoner issue" represents a crucial acknowledgement by the …
Policing And Change In Northern Ireland: The Centrality Of Human Rights, Linda Moore
Policing And Change In Northern Ireland: The Centrality Of Human Rights, Linda Moore
Fordham International Law Journal
It is the contention of this Essay that the international principles of human rights must form the foundations of any future policing service in Northern Ireland. Leaving behind the sterile communalism that has characterized past approaches to policing in favor of a rights-based approach, would benefit all in Northern Ireland. A human rights policing framework would particularly relieve those living in working class communities, both catholic and protestant, who have borne the brunt of heavy policing policies and tactics. While acknowledging that no approach to policing reform can appease all shades of Northern Ireland's political and cultural opinion, the current …
The Nature Of The Agreement, Brendan O'Leary
The Nature Of The Agreement, Brendan O'Leary
Fordham International Law Journal
This article contains the Ninth John Whyte Memorial Lecture which discusses the Multi-Party Negotiations, also known as the British-Irish agreement, which aimed to formalize the end of “The Troubles” in Ireland.
The Criminal Cases Review Commission's Effectiveness In Handling Cases From Northern Ireland, Siobhan M. Keegan
The Criminal Cases Review Commission's Effectiveness In Handling Cases From Northern Ireland, Siobhan M. Keegan
Fordham International Law Journal
This Comment considers the Northern Ireland Criminal Cases Review Commission (CCRC), its establishment, and its likely effects on miscarriages of justice. Part I of this Comment considers British and Northern Irish law. Part I also highlights British law leading up to the creation of the CCRC and Northern Irish law in light of its unique elements. Part II explains the establishment of the CCRC, its powers, and structure. Additionally, Part II discusses various commentary on the creation of the CCRC. Part III analyzes the future effectiveness of the CCRC in correcting miscarriages of justice, paying particular attention to the case …
Justice On Trial: State Security Courts, Police Impunity, And The Intimidation Of Human Rights Defenders In Turkey, Joseph R. Crowley Program
Justice On Trial: State Security Courts, Police Impunity, And The Intimidation Of Human Rights Defenders In Turkey, Joseph R. Crowley Program
Fordham International Law Journal
In September 1997, Fordham Law School's Joseph R. Crowley Program in International Human Rights and the Lawyers Committee for Human Rights ("Lawyers Committee") undertook a two-year project to study Turkey's State Security Court system and to evaluate it against international fair trial standards. This special report is an amalgamation of their findings.
The Belfast Agreement, David Trimble
The Belfast Agreement, David Trimble
Fordham International Law Journal
Jim Molyneaux and Ian Paisley, the then unionist leadership, began this process in 1987 when they gave alternative proposals to Tom King, the then Secretary of State for Northern Ireland. The Brooke talks ended in apparent failure in November 1992, but from a unionist perspective, in fact made significant progress. There was a period in 1993 when it appeared that the British government was receptive to unionist urging to implement the "strand one committee report." Despite these doubts, we in the Ulster Unionist Party remained in the talks when Sinn Fein, the political wing of the IRA, was admitted in …
An Irish View Of The Northern Ireland Peace Agreement: The Interaction Of Law And Politics, David Byrne
An Irish View Of The Northern Ireland Peace Agreement: The Interaction Of Law And Politics, David Byrne
Fordham International Law Journal
They include the treatment of the issues of self-determination, consent, and the status of Northern Ireland in the Irish Constitution and in British constitutional legislation; the establishment of new democratic institutions in Northern Ireland on a partnership basis; the creation of formal new links between the two jurisdictions in Ireland through a North/South Ministerial Council and a number of related bodies exercising executive functions; and the development of wider connections within Britain and Ireland through a British-Irish Council involving the two governments and devolved institutions in Scotland, Wales, and Northern Ireland, as well as a continuing British-Irish Intergovernmental Conference. There …
Conflict In Northern Ireland After The Good Friday Agreement, Seamus Dunn, Jacqueline Nolan-Haley
Conflict In Northern Ireland After The Good Friday Agreement, Seamus Dunn, Jacqueline Nolan-Haley
Fordham International Law Journal
These include a "commitment to the mutual respect, the civil rights and the religious liberties of everyone in the community" and eight particular rights are spelled out: the "complete incorporation into Northern Ireland law of the European Convention on Human Rights, with direct access to the courts, and remedies for breach of the Convention, including powers for the courts to overrule Assembly legislation on the grounds of inconsistency"; a new Northern Ireland Human Rights Commission; a new statutory Equality Commission; a normalization of security arrangements and practice, including the reduction in the numbers and role of British Armed Forces deployed …
From The Margins To The Mainstream: Human Rights And The Good Friday Agreement, Paul Mageean, Martin O'Brien
From The Margins To The Mainstream: Human Rights And The Good Friday Agreement, Paul Mageean, Martin O'Brien
Fordham International Law Journal
This Essay examines the process by which the language of human rights moved to center stage in the political process. It looks to peace processes elsewhere to determine whether the Agreement is deserving of the High Commissioner's special praise and analyzes, from a human rights perspective, the content of the Agreement and the extent to which the promises made therein have been fulfilled to date.