Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 23 of 23

Full-Text Articles in Entire DC Network

The Advocate, The Advocate, Fordham Law School Nov 1994

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines Include: Whitewater Prober Bashes Punitive Damages; Judge Pollack
Awarded Stein Prize; Courts, Courts More Courts


The Advocate, The Advocate, Fordham Law School Oct 1994

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines Include: New Assistant Dean Goes to Work; SBA Announces Budgets for Student Activities


Enforcement Of Intellectual Property Protection Between Mexico And The United States: A Precursor Of Criminal Enforcement For Western Hemispheric Integration?, Bruce Zagaris, Alvaro J. Aguilar Oct 1994

Enforcement Of Intellectual Property Protection Between Mexico And The United States: A Precursor Of Criminal Enforcement For Western Hemispheric Integration?, Bruce Zagaris, Alvaro J. Aguilar

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Testing Penry And Its Progeny , Deborah W. Denno Oct 1994

Testing Penry And Its Progeny , Deborah W. Denno

Faculty Scholarship

In Penry v. Lynaugh, the United States Supreme Court held that the Texas death penalty statute was applied unconstitutionally because the trial court gave no instructions allowing the jury to “consider and give effect to” the defendant's mitigating evidence of organic brain damage, moderate retardation, and disadvantaged background. The Court considered these mitigating factors relevant because of society's steadfast belief in the lesser culpability of defendants whose criminal acts are due to a disadvantaged background, or to emotional and mental disorders. The jury must have full consideration of such evidence in order to give its “reasoned moral response” to the …


The Advocate, The Advocate, Fordham Law School Apr 1994

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines Include: Library Worker Attacked by Former Employee; New Record at FSSF Auction: Alums Go $83G Wild!;


Address Delivered At The Celebration Of The Seventy-Fifth Anniversary Of Women At Fordham Law School, Hon. Janet Reno Jan 1994

Address Delivered At The Celebration Of The Seventy-Fifth Anniversary Of Women At Fordham Law School, Hon. Janet Reno

Fordham Law Review

No abstract provided.


The Poor Fit Of Traditional Evidentiary Doctrine And Sophisticated Crime: An Empirical Analysis Of Health Care Fraud Prosecutions, Pamela H. Bucy Jan 1994

The Poor Fit Of Traditional Evidentiary Doctrine And Sophisticated Crime: An Empirical Analysis Of Health Care Fraud Prosecutions, Pamela H. Bucy

Fordham Law Review

No abstract provided.


Client Outreach 101: Solicitation Of Elderly Clients By Seminar Under The Model Rules Of Professional Conduct, Nina Keilin Jan 1994

Client Outreach 101: Solicitation Of Elderly Clients By Seminar Under The Model Rules Of Professional Conduct, Nina Keilin

Fordham Law Review

No abstract provided.


Remarks Delivered At The Presentation Of The Leonard F. Manning Achievement Award To The Honorable Lawrence W. Pierce, Lawrence W. Pierce Jan 1994

Remarks Delivered At The Presentation Of The Leonard F. Manning Achievement Award To The Honorable Lawrence W. Pierce, Lawrence W. Pierce

Fordham Law Review

No abstract provided.


Foreword Special Issue: Ethical Issues In Representing Older Clients, Bruce A. Green, Nancy Coleman Jan 1994

Foreword Special Issue: Ethical Issues In Representing Older Clients, Bruce A. Green, Nancy Coleman

Fordham Law Review

No abstract provided.


Shaw V. Reno: A Mirage Of Good Intentions With Devastating Racial Consquences, A Leon Higginbotham, Jr., Gregory A. Clarick, Marcella David Jan 1994

Shaw V. Reno: A Mirage Of Good Intentions With Devastating Racial Consquences, A Leon Higginbotham, Jr., Gregory A. Clarick, Marcella David

Fordham Law Review

In this Article the authors critically examine the Supreme Court's recent decision in Shaw v. Reno, which held that a North Carolina minority-majority voting district of "dramatically irregular" shape is subject to strict scrutiny, absent sufficient race-neutral explanations for its boundaries. While the authors assert that such race-conscious redistricting will meet the burdens of strict-scrutiny, given the peculiar history of the southern states, they here argue that Shaw is fundamentally flawed. They examine the history of political racism in North Carolina leading up to the 1991 redistricting plan. They then examine the Court's misguided presumptions that race-conscious districting plans are …


When Terry Met Miranda: Two Constitutional Doctrines Collide, Mark A. Godsey Jan 1994

When Terry Met Miranda: Two Constitutional Doctrines Collide, Mark A. Godsey

Fordham Law Review

No abstract provided.


Former Yugoslavia: Investigating Violations Of International Humanitarian Law And Establishing An International Criminal Tribunal, M. Cherif Bassiouni Jan 1994

Former Yugoslavia: Investigating Violations Of International Humanitarian Law And Establishing An International Criminal Tribunal, M. Cherif Bassiouni

Fordham International Law Journal

This Article retraces some of the historic initiatives that have sought to establish a permanent international criminal court and focuses on the contemporary experience of the Commission of Experts Established Pursuant to Security Council Resolution 780 and the International Criminal Tribunal for the Former Yugoslavia. More particularly, it reflects upon the problems of investigating and prosecuting violations of international humanitarian law, and the interaction between pursuing an international criminal justice goal and political settlements of international disputes.


Supreme Court Rules On Statements Against Interest, The , Michael M. Martin Jan 1994

Supreme Court Rules On Statements Against Interest, The , Michael M. Martin

Faculty Scholarship

Reliability has been defined as "worthy of dependence" or "of proven consistency in producing satisfactory results." It is a common concept as well as a quality for which individuals search in their everyday transactions, such as purchasing a car or selecting an express delivery service. It similarly shapes the rules of evidence pertaining to hearsay. Beth common law and modem evidentiary codes ban the admission of extrajudicial statements offered to prove the truth of a matter asserted because they are not made under oath, in the presence of the trier of fact, and subject to cross-examination. Without these safeguards, the …


No-Drop Policies In The Prosecution Of Domestic Violence Cases: Guarantee To Action Or Dangerous Solution?, Angela Corsilles Jan 1994

No-Drop Policies In The Prosecution Of Domestic Violence Cases: Guarantee To Action Or Dangerous Solution?, Angela Corsilles

Fordham Law Review

No abstract provided.


Gender, Crime, And The Criminal Law Defenses, Deborah W. Denno Jan 1994

Gender, Crime, And The Criminal Law Defenses, Deborah W. Denno

Faculty Scholarship

This Article attempts to explain some of the disparity in criminality between males and females by analyzing the results of the “Biosocial Study,” one of this country's largest longitudinal studies of biological, psychological, and sociological predictors of crime. Section II analyzes the literature and research on gender differences in crime. Section III describes the Biosocial Study and its results, noting the gender differences in the prevalence and prediction of crime and the inability of any one factor to be a strong predictor of crime. Section IV considers whether gender differences warrant disparate types of punishment or treatment within the criminal …


Men, Women And Rape, Donald Dripps, Linda Fairstein, Robin West, Deborah W. Denno Jan 1994

Men, Women And Rape, Donald Dripps, Linda Fairstein, Robin West, Deborah W. Denno

Fordham Law Review

No abstract provided.


"The Best Of All Possible Worlds"': Balancing Victims' And Defendants' Rights In The Child Sexual Abuse Case, Meredith Felise Sopher Jan 1994

"The Best Of All Possible Worlds"': Balancing Victims' And Defendants' Rights In The Child Sexual Abuse Case, Meredith Felise Sopher

Fordham Law Review

No abstract provided.


Hope For The Future: Overcoming Jurisdictional Concerns To Achieve United States Ratification Of The Convention On The Rights Of The Child, Kerri Ann Law Jan 1994

Hope For The Future: Overcoming Jurisdictional Concerns To Achieve United States Ratification Of The Convention On The Rights Of The Child, Kerri Ann Law

Fordham Law Review

No abstract provided.


Of Laws And Men: An Essay On Justice Marshall's View Of Criminal Procedure, Bruce A. Green, Daniel C. Richman Jan 1994

Of Laws And Men: An Essay On Justice Marshall's View Of Criminal Procedure, Bruce A. Green, Daniel C. Richman

Faculty Scholarship

No abstract provided.


Politics And The Death Penalty: Can Rational Discourse And Due Process Survive The Perceived Political Pressure?, Norman Redlich Jan 1994

Politics And The Death Penalty: Can Rational Discourse And Due Process Survive The Perceived Political Pressure?, Norman Redlich

Fordham Urban Law Journal

This article is a transcript from a program sponsored by the American Bar Association Section of Individual Rights and Responsibilities entitled, “Politics and the Death Penalty: Can Rational Discourse and Due Process Survive the Perceived Political Pressure?” In it, Norman Redlich, former Dean of New York University Law School, James Coleman, Shabata Sundiata Waglini, Attorney General Ernest Preate, Jr., Bryan Stevenson, Executive Director of the Alabama Capital Representation Resource Center, journalist Nat Hentoff, New York State Assemblywoman Susan John, and Chief Justice Exum of the North Carolina Supreme Court discuss the issue of the death penalty in America. Redlich discusses …


Suits By Public Hospitals To Recover Expenditures For The Treatment Of Disease, Injury And Disability Caused By Tobacco And Alcohol, Raymond E. Gangarosa, Frank J. Vandall, Brian M. Willis Jan 1994

Suits By Public Hospitals To Recover Expenditures For The Treatment Of Disease, Injury And Disability Caused By Tobacco And Alcohol, Raymond E. Gangarosa, Frank J. Vandall, Brian M. Willis

Fordham Urban Law Journal

Public hospitals are forced to absorb many of the costs of treating indigent patients whose alcohol and tobacco consumption has predictably lead to illness. This is contradictory to hospital's own interests in preventing disease, improving the efficiency of therapy and minimizing their financial losses. The goal of this article is to examine the possibility of reassigning these coasts through litigation. A cause of action should be available to public hospitals to recover their expenditures for the uncompensated medical treatment that is necessitated by alcohol and tobacco use. Such litigation in Mississippi and similar Florida legislation should serve as a model …


Sentencing Trends In Environmental Law: An "Informed" Public Response, Lauren A. Lundin Jan 1994

Sentencing Trends In Environmental Law: An "Informed" Public Response, Lauren A. Lundin

Fordham Environmental Law Review

No abstract provided.