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Articles 1 - 28 of 28
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: Derrick Bell: Confronting Authority; Recycling At Fordham Law - How Far We've Come
The United States Department Of Justice Environmental Crimes Section: A Case Study Of Inter- And Intrabranch Conflict Over Congressional Oversight And The Exercise Of Prosecutorial Discretion, Theodora Galactos
Fordham Law Review
No abstract provided.
Rewards For Good Behavior: Influencing Prosecutorial Discretion And Conduct With Financial Incentives, Tracy L. Meares
Rewards For Good Behavior: Influencing Prosecutorial Discretion And Conduct With Financial Incentives, Tracy L. Meares
Fordham Law Review
No abstract provided.
Is A Ban On Plea Bargaining An Ethical Abuse Of Discretion? A Bronx County, New York Case Study, Roland Acevedo
Is A Ban On Plea Bargaining An Ethical Abuse Of Discretion? A Bronx County, New York Case Study, Roland Acevedo
Fordham Law Review
No abstract provided.
Battered Woman Syndrome: A Tool For Batterers?, Melanie Frager Griffith
Battered Woman Syndrome: A Tool For Batterers?, Melanie Frager Griffith
Fordham Law Review
No abstract provided.
The Constitutionality Of Punishing Deadbeat Parents: The Child Support Recovery Act Of 1992 After United States V. Lopez, Ronald S. Kornreich
The Constitutionality Of Punishing Deadbeat Parents: The Child Support Recovery Act Of 1992 After United States V. Lopez, Ronald S. Kornreich
Fordham Law Review
No abstract provided.
Contextualizing Professional Responsibility: A New Curriculum For A New Century Teaching Legal Ethics: Iv. Developing Specialized Ethics Courses, Mary C. Daly, Bruce A. Green, Russell G. Pearce
Contextualizing Professional Responsibility: A New Curriculum For A New Century Teaching Legal Ethics: Iv. Developing Specialized Ethics Courses, Mary C. Daly, Bruce A. Green, Russell G. Pearce
Faculty Scholarship
The teaching of professional responsibility in U.S. law schools is entering a new age. A relative newcomer to the traditional curriculum, professional responsibility has struggled over the past twenty-one years to establish its intellectual legitimacy. It has evolved from a cramped course on the codes of lawyer conduct adopted by the American Bar Association ("ABA") to an expansive course on the law of lawyering. The premise of this essay is that professional responsibility has matured as a subject matter to the point where a new genre of courses should join the pervasive method and the traditional survey course. The richness …
Prosecutors Who Disclose Prosecutorial Information For Literary Or Media Purposes: What About The Duty Of Confidentiality?, Rita M. Glavin
Prosecutors Who Disclose Prosecutorial Information For Literary Or Media Purposes: What About The Duty Of Confidentiality?, Rita M. Glavin
Fordham Law Review
No abstract provided.
The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park
The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park
Fordham Urban Law Journal
There is considerable debate as to whether to admit evidence of past sexual assaults in cases where the accused presents a defense of consent to a current sexual assault charge. The consent defense presents a unique situation where, due to the probative value of evidence that suggests propensity to rape, a strong justification can be made to admit this information as evidence. However, critics of this opinion have argued that admitting propensity evidence about the accused in a rape case is inconsistent with the rape shield rule which excludes propensity evidence about the victim. This argument is flawed in the …
American Bar Association Criminal Justice Section Report To The House Of Delegates, Myrna S. Raeder
American Bar Association Criminal Justice Section Report To The House Of Delegates, Myrna S. Raeder
Fordham Urban Law Journal
The proposed amendments to the Federal Rules of Evidence, Rules 413-15 regarding the admission of character testimony in cases of sexual abuse and child molestation, have been roundly criticized by the legal community on both substantive and procedural grounds. The ABA has resolved to oppose the substance of these rules, and fear that in addition to the direct concerns regarding the result of the rules, they raise troubling policy issues going forward.
The Battle Over The Brady Bill And The Future Of Gun Control Advocacy, Richard M. Aborn
The Battle Over The Brady Bill And The Future Of Gun Control Advocacy, Richard M. Aborn
Fordham Urban Law Journal
No matter how effective a legislative scheme is, legislation alone will not eradicate the deeply rooted culture of gun violence that exists in this country. Accordingly, Handgun Control divides its efforts between legislative and non-legislative efforts. In this regard, the Center to Prevent Handgun Violence carries out the non-legislative interventions of Handgun Control. These efforts include working with elementary, secondary and high schools to promote a gun violence reduction curriculum; litigating on behalf of gun victims; defending gun control legislation in the courts; working with the entertainment industry concerning the messages in popular entertainment about gun violence; and working with …
Are Executions In New York Inevitable?, Ronald J. Tabak
Are Executions In New York Inevitable?, Ronald J. Tabak
Fordham Urban Law Journal
This article is an edited trascription of a program considering whether executions in New York State are inevitable. Shortly after the program a law was enacted to this effect, however, Mr. Tabak argues that the law is so badly flawed that it may not survive judicial scrutiny. Present on the panel were Barbara Paul Robinson, John Cardinal O'Connor, Dean John Feerick, Archibald Murray, Thomas McDermott, Lee Grant, Cessie Alfonso and George Kendall.
Replace Welfare For Contingent Workers With Unemployment Compensation, Stephen Bingham
Replace Welfare For Contingent Workers With Unemployment Compensation, Stephen Bingham
Fordham Urban Law Journal
This essay examines the manner in which the current unemployment insurance system maintains poverty and increases dependence on public assistance programs. It examines the plight of the working poor, the inadequacy of unemployment compensation, and the failure of welfare to compensate for the weaknesses of the unemployment system. It then proposes reforms to the unemployment compensation system, and a new system for employable individuals without ties to the workforce, explaining why this proposal makes sense in light of the current unemployment situation.
The Worst Of Times . . . And The Best Of Times: Lawyering For Poor Clients Today, Louise G. Trubek
The Worst Of Times . . . And The Best Of Times: Lawyering For Poor Clients Today, Louise G. Trubek
Fordham Urban Law Journal
This Essay describes three areas in which advocates have developed new models of practice and new forms of advocacy. It examines ways that lawyers and clients are collaborating to create more effective advocacy for battered women, low-income entrepreneurs and nonprofit community-based organizations that serve the poor. It describes how, why and where the new practices operate and analyzes the roots of the new approaches, showing that they can be traced to changes in lawyering theory and new visions of the lawyer-client relationship. The Essay assesses whether these models can be sustained and generalized, concluding that although the new approaches are …
Protecting Women's Welfare In The Face Of Violence, Martha F. Davis, Susan J. Kraham
Protecting Women's Welfare In The Face Of Violence, Martha F. Davis, Susan J. Kraham
Fordham Urban Law Journal
This article argues that the Aid to Families With Dependent Children program provides a valuable means of continuing support for impoverished women. It points out that such women are at an increased risk of domestic violence, and that they are often unable to escape from abusive relationships because they and their children are economically dependent on their partners. The article criticizes proposed reforms to AFDC from this context, arguing that without the safety net provided by public assistance, many women and children would be trapped by financial constraints in dangerous or life threatening relationships. Thus, an adequate level of public …
Federal Enforcement Of Civil Rights During The First Reconstruction, Robert J. Kaczorowski
Federal Enforcement Of Civil Rights During The First Reconstruction, Robert J. Kaczorowski
Fordham Urban Law Journal
This essay recounts the heroic efforts of federal legal officers and judges to enforce citizens' rights during the 1870s. Part I sets forth the historical events giving rise to the enforcement effort of the Grant Administration. Part II details the problems which the federal executive branch faced when it aggressively prosecuted civil rights violations. Part III details the problems which the federal judiciary faced in administering the civil rights prosecutions brought by the executive branch. Part IV details the national political problems that eventually ended effective enforcement of federal civil rights laws. This Essay concludes that, notwithstanding the problems faced …
The Battle Between Mens Rea And The Public Welfare: United States V. Laughlin Finds A Middle Ground, Bruce R. Bryan
The Battle Between Mens Rea And The Public Welfare: United States V. Laughlin Finds A Middle Ground, Bruce R. Bryan
Fordham Environmental Law Review
No abstract provided.
Policing Federal Prosecutors: Do Too Many Regulators Produce Too Little Enforcement?, Bruce A. Green
Policing Federal Prosecutors: Do Too Many Regulators Produce Too Little Enforcement?, Bruce A. Green
Faculty Scholarship
No abstract provided.
United Nations Justice Or Military Justice: Which Is The Oxymoron? An Analysis Of The Rules Of Procedure And Evidence Of The International Tribunal For The Former Yugoslavia, Joseph L. Falvey, Jr.
United Nations Justice Or Military Justice: Which Is The Oxymoron? An Analysis Of The Rules Of Procedure And Evidence Of The International Tribunal For The Former Yugoslavia, Joseph L. Falvey, Jr.
Fordham International Law Journal
This Article compares the protections and rights provided an accused before the Tribunal with those protections and rights provided an accused before U.S. courts-martial. Part I provides an overview of the statute creating the Tribunal and identifies the general principles the statute appears to advance. Part II analyzes the Tribunal's procedural and evidentiary rules, compares these rules to the analogous military rules, and discusses how well the Tribunal rules comport with the general principles advanced by the statute. This Article concludes that the Tribunal rules, although fundamentally sound, are not as protective of the individual rights of the accused as …
Geraldine Van Bueren, The International Law On The Rights Of The Child, Roger J.R. Levesque
Geraldine Van Bueren, The International Law On The Rights Of The Child, Roger J.R. Levesque
Fordham International Law Journal
Simply stated, the international children's rights movement asks individual governments to take children's interests seriously when enacting laws for them. In order to enact policies that take children's interests seriously, all laws must be evaluated and examined from the child's point of view. An examination of the current international children's rights movement from the child's point of view, however, reveals considerable schisms between international principles and the state of the world's children. Professor Van Bueren directly examines the complex issues involved in defining and understanding children's rights. Her analysis of formal international law relating to the rights of the child …
Extradition And Individual Rights: The Need For An International Criminal Court To Safeguard Individual Rights, Kai I. Rebane
Extradition And Individual Rights: The Need For An International Criminal Court To Safeguard Individual Rights, Kai I. Rebane
Fordham International Law Journal
This Note argues that nations, in their zeal to prosecute terrorists and pursue fugitives, are trampling on the same fundamental human rights they espouse in the international forum. Part I traces the history of extradition and its safeguards. Part II analyzes problems in modern extradition law and explores the arguments for and against the development of an international standard. Part III argues that current extradition practices violate international law and proposes that an International Criminal Court be established to provide a neutral forum for extradition hearings that will protect rights established by international law. This Note concludes that extradition procedures …
The Quick Solution To Complex Problems: The Article Iii Judge, Hon. Jane A. Restani, Ira Bloom
The Quick Solution To Complex Problems: The Article Iii Judge, Hon. Jane A. Restani, Ira Bloom
Fordham International Law Journal
No abstract provided.
Europol: The Culmination Of The European Union's International Police Cooperation Efforts, Francis R. Monaco
Europol: The Culmination Of The European Union's International Police Cooperation Efforts, Francis R. Monaco
Fordham International Law Journal
This Comments argues that the Europol Convention will be an effective and workable mechanism for countering international crime within the European Union, and therefore should be ratified by Member States. Part I discusses the theoretical basis for international police cooperation, and analyzes the agreements and initiatives among EU Member States which predate Europol. Part II examines the obstacles that have delayed the completion of the Europol Convention, as well as the particular aspets of the Convention that may delay or prevent its ratification. Part III argues that existing EU Member States' agreements permit Europol to contribute substantially to EU police …
Foreign Private Investment In Palestine: An Analysis Of The Law On The Encouragement Of Investment In Palestine, David P. Fidler
Foreign Private Investment In Palestine: An Analysis Of The Law On The Encouragement Of Investment In Palestine, David P. Fidler
Fordham International Law Journal
This Article analyzes the Investment Law and its prospects for encouraging foreign businesses to invest in Gaza and the West Bank (collectively, "Palestinian Territories").
Geraldine Van Bueren, The International Law On The Rights Of The Child, Roger J.R. Levesque
Geraldine Van Bueren, The International Law On The Rights Of The Child, Roger J.R. Levesque
Fordham International Law Journal
This review critiques "The International Law on the Rights of the Child" by Professor Van Bueren.
Constructing A Hemispheric Initiative Against Transnational Crime, Bruce Zagaris
Constructing A Hemispheric Initiative Against Transnational Crime, Bruce Zagaris
Fordham International Law Journal
This Essay first reviews the recent initiatives on fighting international crime and then suggests the need for a regional initiative on international criminal cooperation and criminal justice. The Author makes the proposal almost ten years after suggesting the establishment of the Inter-American Drug Abuse Control Commission (“CICAD”), whose creation was suggested as the precursor to a more comprehensive Americas Committee on Crime Problems.
Partners Against Crime: Joint Prosecutions Of Israeli Organized Crime Figures By U.S. And Israeli Authorities, Abraham Abramovsky
Partners Against Crime: Joint Prosecutions Of Israeli Organized Crime Figures By U.S. And Israeli Authorities, Abraham Abramovsky
Fordham International Law Journal
This article discusses the criminal case of Israel v. Mizrahi and Reisch, which is the largest joint prosecution—between U.S. and Israeli law enforcement authorities—ever undertaken against Israeli organized crime figures for acts committed outside Israel’s borders.
Dean's Report: Fordham University School Of Law 1994-1995, John D. Feerick
Dean's Report: Fordham University School Of Law 1994-1995, John D. Feerick
Papers of the Dean
No abstract provided.