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Articles 1 - 26 of 26
Full-Text Articles in Entire DC Network
A Different View Of Habeas: Interpreting Aedpa's "Adjudicated On The Merits" Clause When Habeas Corpus Is Understood As An Appellate Function Of The Federal Courts, Margery I. Miller
A Different View Of Habeas: Interpreting Aedpa's "Adjudicated On The Merits" Clause When Habeas Corpus Is Understood As An Appellate Function Of The Federal Courts, Margery I. Miller
Fordham Law Review
No abstract provided.
Past As Prologue: Reconciling Recidivism And Culpability , Michael Edmund O'Neill, Linda Drazga Maxfield, Miles D. Harer
Past As Prologue: Reconciling Recidivism And Culpability , Michael Edmund O'Neill, Linda Drazga Maxfield, Miles D. Harer
Fordham Law Review
No abstract provided.
Shout From Taller Rooftops: A Response To Deborah L. Rhode's Access To Justice, Steven H. Hobbs
Shout From Taller Rooftops: A Response To Deborah L. Rhode's Access To Justice, Steven H. Hobbs
Fordham Law Review
No abstract provided.
Redressing Inequality In The Market For Justice: Why Access To Lawyers Will Never Solve The Problem And Why Rethinking The Role Of Judges Will Help, Russell G. Pearce
Redressing Inequality In The Market For Justice: Why Access To Lawyers Will Never Solve The Problem And Why Rethinking The Role Of Judges Will Help, Russell G. Pearce
Fordham Law Review
No abstract provided.
Access To Justice: Some Comments, Lawrence M. Friedman
Access To Justice: Some Comments, Lawrence M. Friedman
Fordham Law Review
No abstract provided.
Teaching And Doing: The Role Of Law School Clinics In Enhancing Access To Justice, Stephen Wizner, Jane Aiken
Teaching And Doing: The Role Of Law School Clinics In Enhancing Access To Justice, Stephen Wizner, Jane Aiken
Fordham Law Review
No abstract provided.
Teaching Ethics/Doing Justice, Anthony V. Alfieri
Teaching Ethics/Doing Justice, Anthony V. Alfieri
Fordham Law Review
No abstract provided.
Access To Justice: Again, Still, Deborah L. Rhode
Access To Justice: Again, Still, Deborah L. Rhode
Fordham Law Review
No abstract provided.
Gideon's Paradox, Lawrence C. Marshall
War, Violence, Human Rights, And The Overlap Between National And International Law: Four Cases Before The South African Constitutional Court, Albie Sachs
Fordham International Law Journal
Both violence and international norms on human rights have become globalized. Formerly rigid systems of sovereignty become porous as the enemies and the friends of the rule of law show equal and opposite disregard for State boundaries. Judges in national courts are obliged to put aside their usual textbooks and cases, and open their eyes to legal scholars and commentators like Brownlie and Cassese. Four cases in the ten-year history of South Africa's Constitutional Court have exemplified these points. In each the Court was under pressure because of time--in three because events were unfolding so rapidly, and in one because …
The International Criminal Court: A New And Necessary Institution Meriting Continued International Support, Judge Philippe Kirsch
The International Criminal Court: A New And Necessary Institution Meriting Continued International Support, Judge Philippe Kirsch
Fordham International Law Journal
This Article highlights some of the key features of the ICC, and concludes by outlining the support it will need in striving to create a world in which devastating actions are properly addressed and punished. Part I of this Note describes the history of the ICC. Part II discusses the crimes within the Court's jurisdiction. Part III further discusses jurisdiction. Part IV reviews the procedure of the court. Part V concerns the current status of the Court.
Completing The Mandates Of The Ad Hoc International Criminal Tribunals: Lessons From The Nuremberg Process?, Daryl A. Mundis
Completing The Mandates Of The Ad Hoc International Criminal Tribunals: Lessons From The Nuremberg Process?, Daryl A. Mundis
Fordham International Law Journal
On September 2, 2004, the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (“ICTY”) filed a formal request for the transfer of the Ademi & Norac case to Croatia, pursuant to Rule 11 bis of the ICTY Rules of Procedure and Evidence (“ICTY RPE”). With this filing, the Prosecutor took an important and positive step towards giving effect to the completion strategy of the ICTY. This Article will discuss the steps taken by the ICTY and its sister institution, the International Criminal Tribunal for Rwanda (“ICTR”), to fulfill their mandates by focusing only on the most senior perpetrators …
Universal Jurisdiction In Abstentia, Ryan Rabinovitch
Universal Jurisdiction In Abstentia, Ryan Rabinovitch
Fordham International Law Journal
The purpose of this Article is to provide some clarification of universal jurisdiction in absentia. It begins with a brief overview of the state of international law on the issue, centering on the decision of the minority judges who treated it in the Arrest Warrant decision, and discuss the applicable principles of international law, international treaties, and custom. It then briefly examines whether allowing States to exercise universal jurisdiction in absentia is consistent with the historical and philosophical justifications for the existence of universal jurisdiction generally. The final section of the Article discusses the policy implications of such an exercise.
The Fraying Shoestring: Rethinking Hybrid War Crimes Tribunals, James Cockayne
The Fraying Shoestring: Rethinking Hybrid War Crimes Tribunals, James Cockayne
Fordham International Law Journal
This Article looks in detail at whether the Special Court is, at present, succeeding or failing, drawing lessons along the way both for the system of international criminal justice generally, and more specifically for U.N. enforcement of the law of war. In Section II, this Article suggests a method for measuring success and failure in an international criminal tribunal. It suggests that there are a number of identifiable performance standards which should guide our assessment, each linked to a stakeholder group: the international community, the affected population, and the defendants. In Sections III-V, this Article assesses the Special Court's early …
Donating Debt To Society: Prosecutorial And Judicial Ethics Of Plea Agreements And Sentences That Include Charitable Contributions, Sylvia Shaz Shweder
Donating Debt To Society: Prosecutorial And Judicial Ethics Of Plea Agreements And Sentences That Include Charitable Contributions, Sylvia Shaz Shweder
Fordham Law Review
No abstract provided.
Race And Ethnicity, Race And Social Justice: Rawlsian Considerations, Tommie Shelby
Race And Ethnicity, Race And Social Justice: Rawlsian Considerations, Tommie Shelby
Fordham Law Review
No abstract provided.
The Rule Of Lenity As A Rule Of Structure, Zachary Price
The Rule Of Lenity As A Rule Of Structure, Zachary Price
Fordham Law Review
No abstract provided.
Deborah L. Rhode's Access To Justice: Foreword, Bruce A. Green
Deborah L. Rhode's Access To Justice: Foreword, Bruce A. Green
Fordham Law Review
No abstract provided.
Should Public Relations Experts Ever Be Privileged Persons?, Deniza Gertsberg
Should Public Relations Experts Ever Be Privileged Persons?, Deniza Gertsberg
Fordham Urban Law Journal
This Comment addresses the issue of whether, and under what circumstances, a lawyer’s communications with a public relations expert, whose advice is only valuable to the extent that it is communicated fully and freely with the attorney, will be protected by the attorney-client privilege. This Comment focuses on the role of public relations firms in the criminal law context, where constitutional concerns often arise. The author begins by laying out the history and background of the attorney-client privilege, and how the defense lawyer’s role has changed as a result of the rise of mass media. The Comment then goes on …
Conference Report: New York City's Criminal Courts Are We Achieving Justice?, Martha Rayner
Conference Report: New York City's Criminal Courts Are We Achieving Justice?, Martha Rayner
Fordham Urban Law Journal
On October 18, 2003, more than one hundred professionals from the five boroughs of New York City came together to identify, evaluate, and begin to solve some of the complex problems embedded in the culture, operations, and practice in New York City's Criminal Courts. The conference planners focused on five problems that have undermined the pursuit of justice in New York City’s Criminal Court system for decades. The first group, Arraignment Norms, Practices and Culture, targeted professionalism and justice at the first and often last court appearance for people arrested and charged with misdemeanor crimes in New York City. The …
Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reenty Into Criminal Defense Lawyering, Michael Pinard
Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reenty Into Criminal Defense Lawyering, Michael Pinard
Fordham Urban Law Journal
Over the past two decades, public defender offices across the country have broadened the range of defense services provided to indigent clients. These expanded services, some of which involve representing clients on related non-criminal matters such as housing and public benefits, are included in what is now commonly referred to as "holistic representation."' This form of representation strives to encompass the various underlying issues that often lead to clients’ experiences with the criminal justice system, with the aim of addressing those circumstances and preventing future criminal involvement. Holistic representation signals a paradigmatic shift in defense philosophy and ideology and has …
Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny Roberts
Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny Roberts
Fordham Urban Law Journal
Unlike rules governing discovery in civil cases, which require that the two sides exchange most information about their respective cases, criminal discovery result in a much more limited flow of information. Many commentators, for many years, have called for the liberalization of criminal discovery statutes and rules. Indeed, some states have heeded the call. But about a dozen states follow the highly restrictive federal rule, which is premised in part on the idea that a defendant should not be entitled to witness names or statements for pretrial investigation, but rather only for cross-examination purposes should the case ever get to …
The Adjudication Of Minor Offenses In New York City, Ian Weinstein
The Adjudication Of Minor Offenses In New York City, Ian Weinstein
Fordham Urban Law Journal
American criminal justice is founded on overcriminalization and discretion. Our legislatures have long criminalized much more conduct than can be effectively sanctioned. American police and prosecutors have been granted virtually unreviewable authority (discretion) to allocate investigative and prosecutorial resources. Minor crimes absorb the bulk of our ordinary, local enforcement efforts and there is an endless supply of minor crime, which may be pursued. With minor offenses, discretion is critical at all phases. This article argues that criminal courts, where ninety percent of all cases are heard, could benefit from reform. The author argues for the development of the record so …
Housing Gideon: The Right To Counsel In Eviction Cases , Rachel Kleinman
Housing Gideon: The Right To Counsel In Eviction Cases , Rachel Kleinman
Fordham Urban Law Journal
While the legal system recognizes an indigent’s constitutional right to counsel in a criminal trial the same is not true with respect to civil cases. This Comment examines this legal reality by focusing specifically on an indigent’s inability to gain access to counsel within the confines of eviction proceedings. The author lays out the arguments for both those who favor recognizing an indigent’s right to counsel in eviction proceedings and those opposed to recognizing that right. Ultimately, absent an indigent’s access to counsel in these civil cases, their ability to have any sort of meaningful access to justice is seriously …
Econometric Analyses Of U.S. Abortion Policy: A Critical View, Jonathan Klick
Econometric Analyses Of U.S. Abortion Policy: A Critical View, Jonathan Klick
Fordham Urban Law Journal
This article surveys, in non-technical language, various econometric studies on the correlation between changes in access to abortion (whether through legalization, increased public funding, increased safety, etc.) and social phenomena such as sexual activity, crime, and opportunities for women. It argues that many econometrics-based abortion studies are contentious, often yielding varying results depending on the stakes of those commissioning the studies, and often too technical to be useful to policy-makers. As a result of these shortcomings, the author calls for methodological soundness and publication for a more general audience for those social scientists who want to enter the reproductive rights …
Of Course A Land Use Regulation That Fails To Substantially Advance Legitimate State Interests Results In A Regulatory Taking, Rs Radford
Fordham Environmental Law Review
No abstract provided.