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- Rape (3)
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Articles 1 - 30 of 33
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: Bias at The Front Desk, Student, Guard in Race Incident; GALLA Protests JAG Visit Second Year In A Row;
Bulletin Of Information 1993-1994, Fordham Law School
Bulletin Of Information 1993-1994, 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
Judicial Panel: The Special Role Of The Judiciary In Protecting First Amendment Freedoms, John D. Feerick, Kenneth Conboy, John F. Keenan, Edward M. Rappaport
Judicial Panel: The Special Role Of The Judiciary In Protecting First Amendment Freedoms, John D. Feerick, Kenneth Conboy, John F. Keenan, Edward M. Rappaport
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Impact Of The Media On Fair Trial Rights: Panel On Media Access, James C. Goodale, Abraham Abramovsky, Helman R. Brook, James A. Cohen, George Freeman, David A. Schulz, Carolyn Schurr
Impact Of The Media On Fair Trial Rights: Panel On Media Access, James C. Goodale, Abraham Abramovsky, Helman R. Brook, James A. Cohen, George Freeman, David A. Schulz, Carolyn Schurr
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Political Reality Testing: 1993, Derrick Bell
Political Reality Testing: 1993, Derrick Bell
Fordham Law Review
No abstract provided.
Witness For The Prosecution: Prosecutorial Discovery Of Information Generated By Non-Testifying Defense Psychiatric Experts, Elizabeth F. Maringer
Witness For The Prosecution: Prosecutorial Discovery Of Information Generated By Non-Testifying Defense Psychiatric Experts, Elizabeth F. Maringer
Fordham Law Review
No abstract provided.
Landmines: A Deadly Legacy, Morris Panner
Landmines: A Deadly Legacy, Morris Panner
Fordham International Law Journal
Landmines: A Deadly Legacy (“ Deadly Legacy”) is both a powerful advocacy piece calling for an international ban on the production, stockpiling, trade, and use of landmines, as well as a compelling reference work carefully detailing what can only be deemed a global landmines crisis. The book, a joint effort of The Arms Project, a division of Human Rights Watch, and of Physicians for Human Rights, is the culmination of a three year effort, including extensive field research in such places as Cambodia, Angola, Mozambique, Iraqi Kurdistan, and northern Somalia, as well as documentary research drawing on previously classified U.S. …
Paul O'Mahony, Crime And Punishment In Ireland, Donal E.J. Mac Namara
Paul O'Mahony, Crime And Punishment In Ireland, Donal E.J. Mac Namara
Fordham International Law Journal
Only within the last decade, however, have courses in comparative justice systems proliferated, usually in schools or departments of criminology, criminal justice, police and/or corrections administration, and more frequently in graduate than undergraduate programs. Several factors contribute to the lack of interest in comparative criminology. First, the United States has had a long history of isolationism. A second area of difficulty arises from the paucity of readily available source materials available to professors and students. English on the criminal justice systems of non-English speaking nations are much more limited and of widely varying quality. Courses on comparative criminal justice, offered …
Insider Trading: The Laws Of Europe, The United States And Japan, James D. Yellen
Insider Trading: The Laws Of Europe, The United States And Japan, James D. Yellen
Fordham International Law Journal
Professor Emmanuel Gaillard's recent compilation of foreign and domestic insider trading chapters in his book, Insider Trading: The Laws of Europe, the United States and Japan, provides a tremendous service for both international lawyers and United States securities practitioners. The book is a handy reference guide, as its title suggests, to recent statutory provisions passed throughout Europe and Japan, as well as an effective summary of the insider trading laws of the United States.
Perspectives On Disclosing Rape Victims' Names, Deborah W. Denno
Perspectives On Disclosing Rape Victims' Names, Deborah W. Denno
Fordham Law Review
In this Essay, Professor Denno examines the century-long conflict between an individual's right to privacy and the freedom of the press in the context of the media's disclosure of rape victims' names. Part I briefly reviews the United States Supreme Court's primary rulings on this topic, explaining that the Court has generally protected the freedom of the press under the First Amendment Part I emphasizes, however, that the Court has left available an opportunity for a con- trary interpretation under certain circumstances in Florida Star v. BJ.F., the Court's last ruling concerning the disclosure of rape victims' names. Part I1 …
Targeting Conduct: A Constitutional Method Of Penalizing Hate Crimes, Kevin N. Ainsworth
Targeting Conduct: A Constitutional Method Of Penalizing Hate Crimes, Kevin N. Ainsworth
Fordham Urban Law Journal
Forty-three states have enacted hate-crime statutes. These laws generally fall into one of two classes, either hate-speech or penalty-enhancement statutes. The former has sought to control virulent expression by punishing the utterance or display of words or symbols that the user knows will arouse anger in others on the basis of race, color, religion, gender, or some other immutable characteristic. The United States Supreme Court examined an ordinance of this type in R.A.V. v. City of St. Paul and found that the law infringed on the First Amendment right to free speech. Penalty enhancement statutes vary slightly among states, but …
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Faculty Scholarship
Three weeks before he died in May 1873, the frail and ailing Salmon P. Chase joined three of his brethren in dissent in one of the most important cases ever decided by the United States Supreme Court, the Slaughter-House Cases.1 This decision was a watershed in United States constitutional history for several reasons. Doctrinally, it represented a rejection of the virtually unanimous decisions of the lower federal courts upholding the constitutionality of revolutionary federal civil rights laws enacted in the aftermath of the Civil War. Institutionally, it was an example of extraordinary judicial activism in overriding the legislative will of …
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Linda Fairstein
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Linda Fairstein
Fordham Law Review
No abstract provided.
Considering Lead Poisoning As A Criminal Defense, Deborah W. Denno
Considering Lead Poisoning As A Criminal Defense, Deborah W. Denno
Fordham Urban Law Journal
A brief survey of the causes and consequences of lead poisoning suggests that lead poisoning is pervasive, particularly among blacks in urban communities, that it's effects can be debilitating, and that it has been linked to disciplinary problems, aggression, and repetitive and oftentimes violent crime. There is a legitimate question, then, about whether lead poisoning should be considered a viable criminal defense. The question of whether lead poisoning should be a defense is perhaps most appropriately placed in the context of debates regarding free will, determinism, and the ability of social scientists to predict the course of any one individual's …
The Political Economy Of Female Violent Street Crime, Deborah Baskin, Ira Sommers, Jeffrey Fagan
The Political Economy Of Female Violent Street Crime, Deborah Baskin, Ira Sommers, Jeffrey Fagan
Fordham Urban Law Journal
Our research has led us to the conclusion that women in New York City are becoming more and more likely to involve themselves in violent street crimes. This essay analyzes the developing role of women in violent street crime and poses a model, based on both historical analysis and empirical research, to explain the participation of women in violent street crimes in the 1980s.
The Urban Criminal Justice System Can Be Fair, Charles J. Hynes
The Urban Criminal Justice System Can Be Fair, Charles J. Hynes
Fordham Urban Law Journal
This essay contains perspectives on fairness in the criminal justice system. It is written by a prosecutor with experience in an urban setting. He touches on topics such as racism, jury selection, the Rodney King case, the Howard Beach Case.
Needed: A Community Experiment In Problem-Oriented Justice, Felice Kirby, Michael Clark, Tim Wall
Needed: A Community Experiment In Problem-Oriented Justice, Felice Kirby, Michael Clark, Tim Wall
Fordham Urban Law Journal
This essay examines some of the problems widely perceived to exist within the criminal justice system. Our experience is that when both the community and the police communicate and become more involved with each other, notable successes have transpired. The strategy of community policing affords the police agency, and through it the community at large, a chance for problem-solving every time an officer responds to an incident. This is in contrast to what is now considered traditional policing, whereby a 911 operator, removed from the scene of the incident, dispatches officers and then urges them to move on as soon …
Maiming The Soul: Judges, Sentencing And The Myth Of The Nonviolent Rapist, Lynn Hecht Schafran
Maiming The Soul: Judges, Sentencing And The Myth Of The Nonviolent Rapist, Lynn Hecht Schafran
Fordham Urban Law Journal
Rape, by definition and in sentencing, is a crime that is predicated on a male-defined concept of violence. The lack of knowledge about rape trauma produces erroneous assessments or rape and erroneous sentences for rapists. The inability to recognize the damage cause by a "nonviolent" rape trivializes the seriousness of the crime and devalues the individual victim. Judges and attorneys must expand their definitions of violence to include injury to the victim's psyche.
What Is A "Fair" Reponse To Juvenile Crime?, Susan K. Knipps
What Is A "Fair" Reponse To Juvenile Crime?, Susan K. Knipps
Fordham Urban Law Journal
The question of how to deal fairly and effectively with the problem of juvenile crime has long perplexed the public and policy makers. The current juvenile justice system in New York State reflects this uncertainty -- as it simultaneously employs two completely different models for the adjudication of juveniles accused of unlawful acts. The first model emphasizes the provision of rehabilitative services for delinquent youth through noncriminal proceedings in the Family Court. The second model stresses the use of punitive sanctions in the adult criminal courts for more serious juvenile offenders. To begin to sort through these models, this Essay …
Jails And Prisons -- Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan
Jails And Prisons -- Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan
Fordham Urban Law Journal
The resurgence of tuberculosis (TB) in urban areas has direct and alarming consequences within the criminal justice system. Lock-up facilities, jails and prisons are TB breeding grounds. TB strikes with vengeance in populations with physical vulnerabilities caused by alcoholism, drug addiction, malnutrition, and HIV/AIDS and other immune-suppressing conditions. This Essay argues that it is time for New York State to reevaluate the mandatory sentencing laws and restrictions on plea bargaining. The interaction of HIV disease and TB offers a striking example of why justice is not served by binding the judiciary's hands. This Essay provides a medical overview of HIV …
Urban Criminal Justice: Has The Response To The Hiv Epidemic Been "Fair"?, Richard J. Andrias
Urban Criminal Justice: Has The Response To The Hiv Epidemic Been "Fair"?, Richard J. Andrias
Fordham Urban Law Journal
The HIV epidemic is almost a decade old and it is estimated that one million to two million Americans are infected. Nevertheless, too often it has been irrational fears of contagion and disapproval of the subcultures associated with the illness that have driven society's response to the epidemic. Has the legal community, which prides itself on being governed by due process and rationality, reacted any differently than society at large? To what degree have legal decisions and policies been governed by fear, prejudice, and ignorance rather than by science and sound public policy? This Essay will explore the response of …
A Moral Standard For The Prosecutor's Exercise Of The Charging Discretion, Bennett L. Gershman
A Moral Standard For The Prosecutor's Exercise Of The Charging Discretion, Bennett L. Gershman
Fordham Urban Law Journal
The prosecutor's decision to institute criminal charges is the broadest and least regulated power in American criminal law. The judicial deference shown to prosecutors generally is most noticeable with respect to the charging function. This Essay discusses three hypothetical cases that present both realistic and recurring challenges to the prosecutor's charging power. The first case depends on a factual determination of a witness's reliability. The second case depends on a factual determination of the witness's truthfulness. The third case revolves around a legal determination regarding the applicability of a defense. Together, these cases provide a setting in which a moral …
Should Judges Consider The Demographics Of The Jury Pool In Deciding Change Of Venue Application?, Peter M. Kougasian
Should Judges Consider The Demographics Of The Jury Pool In Deciding Change Of Venue Application?, Peter M. Kougasian
Fordham Urban Law Journal
This Essay considers the narrow question of whether, in changing venue, a court ought in principle to consider the demographic diversity of the venue. Deciding this issue require consideration of two preliminary questions: what is an impartial jury? And what role, if any, does racial diversity play in empaneling an impartial jury? The Rodney King trial raises questions about the dynamics of the jury panel, rather than the qualifications of individual jurors. After the Rodney King verdict, the Court's reasoning in the Batson line of cases seems naive for two reasons. First, the Court's faith in the ability of voire …
The Race Factor And Trial By Jury, Kenneth Conboy
The Race Factor And Trial By Jury, Kenneth Conboy
Fordham Urban Law Journal
The institution of trial by jury in criminal cases, one of the great achievements in the history of civilization and a principal foundation of our federal constitutional order, is to day under challenge by two different by interrelated developments in American courtrooms. The first is the development of a broad national imperative to eliminate all aspects of racism in American legal, political, and social life. The second is the heightened scrutiny that electronic media presence is applying to the jury system. This essay explores the utility and fairness of the American trial jury and its premise as a democratic and …
The Urban Criinal Justice System & The Juror's Perception, David Lewis
The Urban Criinal Justice System & The Juror's Perception, David Lewis
Fordham Urban Law Journal
The criminal justice system is anchored in its belief that twelve citizens are capable of working together to sift through the most difficult and complicated information without any preconception or bias to arrive at a "just" result. In this essay, the author explores the diverse perceptions the various actors in a courtroom (prosecutor, defense lawyer, police officer, jurors) and discusses how these views form an integral part of the courtroom dynamic.
The Big Black Man Syndrome: The Rodney King Trial And The Use Of Racial Stereotyes In The Courtroom, Lawrence Vogelman
The Big Black Man Syndrome: The Rodney King Trial And The Use Of Racial Stereotyes In The Courtroom, Lawrence Vogelman
Fordham Urban Law Journal
Rodney King was portrayed as the prototypical "Big Black Man". Having recognized the existence of the Big Black Man Syndrome as a factor in the Rodney King Case, what are the moral and ethical implications of allowing defense counsel to so cleverly play upon the racial fears they evidently recognized? The issue is whether the use of racist arguments by defense counsel in a criminal trial is unethical. This essay explores the ethical consideration that come into play where a trial advocate is faced with a case where racism, homophobia, or ethnic prejudice is part of the courtroom dynamic.
The Urban Crimnal Justice System: A Case Of Fairness, John F. Keenan
The Urban Crimnal Justice System: A Case Of Fairness, John F. Keenan
Fordham Urban Law Journal
This short essay contains the presiding judges recollections of the case People v. Robles as a way to discuss public perception of fairness in the criminal justice system.
"A Good Murder", Leigh B. Bienen
"A Good Murder", Leigh B. Bienen
Fordham Urban Law Journal
People are profoundly interested in crimes because the law and legal punishments are supposed to address the fundamental human craving for justice. Courts are embedded in this system of law because we do not rust individuals alone or groups to judge fairly. This essay will describe a pattern which emerged when researchers examined all homicide cases in the state of New Jersey during the years immediately after the reimposition of capital punishment in 1982. Particularly relevant is the pattern of capital punishment for urban and suburban murders, and how those cases were regarded by law enforcement, the media, and the …
Urban Criminal Justice: No Fairer Than The Larger Society, Joanne Page
Urban Criminal Justice: No Fairer Than The Larger Society, Joanne Page
Fordham Urban Law Journal
This Essay reflects the author's personal perspective on the fairness of the criminal justice system. She argues that the key to assessing the fairness of the system is to examine it, not in isolation, but within a larger social context. The criminal justice system is part of the larger society, shares its values and is shaped by its allocation of resources. The criminal justice system is consistent with the values of that larger society: It treats the lives of poor people and people of color as being of inferior worth, skewing its intervention toward control and punishment rather than toward …
The Urban Criminal Justice System: Where Young + Black + Male = Probable Cause, Elizabeth A. Gaynes
The Urban Criminal Justice System: Where Young + Black + Male = Probable Cause, Elizabeth A. Gaynes
Fordham Urban Law Journal
We live in a country where one out of four young African-American men is under some form of custodial supervision. In our nation's capital, seven out of ten African-American men can anticipate being arrested and jailed at least once before reaching the age of thirty-five. We live in a city where a black man between the ages of fifteen and twenty-four is far more likely to die of homicide than all other causes combined. The official response to the problem of urban crime by minority youth has been prison, prison, and more prison. This essay provides an overview and examples …