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Articles 1 - 25 of 25
Full-Text Articles in Entire DC Network
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines Include: Fordham Law Moot Court Team Reaches Top 16; ILF Draws Praise; Law Women to Attend National Conference
A New Approach To Bail Release: The Proposed Federal Criminal Code And Bail Reform, Edward M. Kennedy
A New Approach To Bail Release: The Proposed Federal Criminal Code And Bail Reform, Edward M. Kennedy
Fordham Law Review
No abstract provided.
A New Approach To Bail Release: The Proposed Federal Criminal Code And Bail Reform, Edward M. Kennedy
A New Approach To Bail Release: The Proposed Federal Criminal Code And Bail Reform, Edward M. Kennedy
Fordham Law Review
No abstract provided.
Judicial Sentence Bargaining In The Federal Courts, Patricia A. Perrotta
Judicial Sentence Bargaining In The Federal Courts, Patricia A. Perrotta
Fordham Law Review
No abstract provided.
The Newsperson's Privilege And The Right To Compulsory Process--Establishing An Equilibrium, Annett Swierzbinski
The Newsperson's Privilege And The Right To Compulsory Process--Establishing An Equilibrium, Annett Swierzbinski
Fordham Law Review
No abstract provided.
Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger
Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger
Fordham Law Review
No abstract provided.
Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger
Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger
Fordham Law Review
No abstract provided.
Judicial Sentence Bargaining In The Federal Courts, Patricia A. Perrotta
Judicial Sentence Bargaining In The Federal Courts, Patricia A. Perrotta
Fordham Law Review
No abstract provided.
Immunizing The Investigating Prosecutor: Should The Dishonest Go Free Or The Honest Defend?, Susan M. Coyne
Immunizing The Investigating Prosecutor: Should The Dishonest Go Free Or The Honest Defend?, Susan M. Coyne
Fordham Law Review
No abstract provided.
Rico: The New Darling Of The Prosecutor’S Nursery, Barry Tarlow
Rico: The New Darling Of The Prosecutor’S Nursery, Barry Tarlow
Fordham Law Review
No abstract provided.
Torts In Sports--Deterring Violence In Professional Athletics, Stephen J. Gulotta, Jr.
Torts In Sports--Deterring Violence In Professional Athletics, Stephen J. Gulotta, Jr.
Fordham Law Review
No abstract provided.
Possession And Presumptions: The Plight Of The Passenger Under The Fourth Amendment, Robert A. Gaynor
Possession And Presumptions: The Plight Of The Passenger Under The Fourth Amendment, Robert A. Gaynor
Fordham Law Review
No abstract provided.
Torts In Sports--Deterring Violence In Professional Athletics, Stephen J. Gulotta, Jr.
Torts In Sports--Deterring Violence In Professional Athletics, Stephen J. Gulotta, Jr.
Fordham Law Review
No abstract provided.
Due Process Behind Bars--The Intrinsic Approach, Joseph Guglielmelli
Due Process Behind Bars--The Intrinsic Approach, Joseph Guglielmelli
Fordham Law Review
No abstract provided.
Criminal Procedure In England And The United States: Comparisons In Initiating Prosecutions, Irving R. Kaufman
Criminal Procedure In England And The United States: Comparisons In Initiating Prosecutions, Irving R. Kaufman
Fordham Law Review
No abstract provided.
The Newsperson's Privilege And The Right To Compulsory Process--Establishing An Equilibrium, Annett Swierzbinski
The Newsperson's Privilege And The Right To Compulsory Process--Establishing An Equilibrium, Annett Swierzbinski
Fordham Law Review
No abstract provided.
Bail Reform For The Eighties: A Reply To Senator Kennedy , Steven Duke
Bail Reform For The Eighties: A Reply To Senator Kennedy , Steven Duke
Fordham Law Review
No abstract provided.
Impact Of A Youth Service Center, Deborah W. Denno
Impact Of A Youth Service Center, Deborah W. Denno
Faculty Scholarship
This study evaluates the impact of a Youth Service Center (YSC) in South Philadelphia, using methods which consider both the Center's goals and relevant developments within its target area. The YSC is a delinquency-prevention program housed in the South Philadelphia Community Center (SPCC), a general recreation facility which evolved from the Philadelphia Boys' Club in 1974. The YSC program was added in June 1975 to "prevent and limit youth from becoming involved in the Juvenile Justice System, police courts, and institutions". Program referrals comprise area youths between the ages of 10 and 18 who have been arrested and are in …
A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green
A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green
Faculty Scholarship
The sixth amendment provides that in all criminal prosecutions the accused shall enjoy the right "to have the Assistance of Counsel for his defence." The Supreme Court has construed this clause to guarantee to criminal defendants the "effective" assistance of counsel performing within a minimum standard of competency. Prevalent lower court interpretations of the right. to effective assistance require a showing that counsel's inadequate performance caused actual prejudice to the defendant's interest in obtaining an acquittal. Because most defendants are unable to demonstrate the actual impact upon the outcome of their trial of an attorney's departure from normal competency, courts …
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.
Proposal For Determinate Sentencing In New York: The Effect On An Offender's Due Process Rights, John D. Winter
Proposal For Determinate Sentencing In New York: The Effect On An Offender's Due Process Rights, John D. Winter
Fordham Urban Law Journal
This Note examines the differences between indeterminate sentencing, the goal of which is rehabilitative, and determinate sentencing. It looks at the constitutional and procedural safeguards due to prisoners at sentencing. Finally, the Note looks at legislation introduced in New York and its proposals for changing the sentencing procedures.
Criminal Discovery In New York: The Effect Of The New Article 240 , Thomas N. Kendris
Criminal Discovery In New York: The Effect Of The New Article 240 , Thomas N. Kendris
Fordham Urban Law Journal
Despite the many persuasive reasons for criminal discovery, its development in New York took place in a gradual, ad hoc manner. This led the New York State Legislature to enact the original article 240 in the Criminal Procedure Act (CPL) in 1971 which provided the courts with a consistent framework to discovery and significantly expanded an accused rights to evidence. This article provides a comprehensive overview of the original article 240, some significant problems that arose under it, and how the new enacted article 240 attempted to address the problems. The author then argues that the new statute could have …
Federal Legislative Proposals For The Protection Of Privacy , Ludmila Kaniuga-Golad
Federal Legislative Proposals For The Protection Of Privacy , Ludmila Kaniuga-Golad
Fordham Urban Law Journal
Previously, privacy rights had to be litigated under one of the four recognized tort claim of actions. With the advent of the computer age, it was argued that new causes of actions should be created to supplement the individually recognized privacy rights of the people. At the time this article was written, several privacy related bills were before congress. The note examines the benefits of the bills proposed, and the (justified) failure of the proposals to consider a single federal information data bank due to its inability to safeguard privacy. It also synopsizes the Subcommittee on Constitutional Rights' findings on …
Selective Use Of The Executive Immunity Power: A Denial Of Due Process?, Howard Schwartz
Selective Use Of The Executive Immunity Power: A Denial Of Due Process?, Howard Schwartz
Fordham Urban Law Journal
Attacks on the government's power to grant immunity to cooperative witnesses have been premised on several grounds, including the due process clause of the fifth amendment. It is upon this clause that the United States District Court of the Southern District of New York based a decision that a defendant was denied due process when the government refused to immunize him after granting immunization to its own witnesses. This article examines traditional arguments against challenging a prosecutor's immunity discretion, the procedural and substantive factors necessary in substantiating a defendant's due process claim, and the effect of immunization on the government's …
New York's Juvenile Offender Law: An Overview And Analysis, John P. Woods
New York's Juvenile Offender Law: An Overview And Analysis, John P. Woods
Fordham Urban Law Journal
In response to the public outrage over the light sentencing of some of New York City's juvenile offenders who had committed heinous crimes, the legislature enacted the Crime Package Bill which made revisions to the entire justice system. The result was that New York was provided with some of the harshest juvenile justice systems in the country. This Article argues that the system is both ineffective and inefficient. First, the Article examines the historical development of the juvenile system, then the more recent reforms of the system, and finally the problems created by the Crime Package Bill.