Digital Commons Network^™

Stein Center For Law And Ethics Amicus Brief In Michael Wayne Williams V. John B. Taylor, Lawrence Fox

Amicus Briefs

No abstract provided.

Stein Center For Law And Ethics Amicus Brief In Anthony Braden Bryan V. Michael Moore, Bruce Green

Amicus Briefs

No abstract provided.

1998-1999 Dean's Report, John D. Feerick

Papers of the Dean

No abstract provided.

Human Rights And Human Wrongs: Is The United States Death Penalty System Inconsistent With International Human Rights Law, Warren Allmand, Stephen B. Bright, Rubin "Hurricane" Carter, Dorean Marguerite Koenig, William A. Schabas, W. L. Seriti

Fordham Law Review

No abstract provided.

Ethics, Law Enforcement, And Fair Dealing: A Prosecutor's Duty To Disclose Nonevidentiary Information, David Aaron

Fordham Law Review

No abstract provided.

The Independent Counsel Investigation, The Impeachment Proceedings, And President Clinton's Defense: Inquiries Into The Role And Responsibilities Of Lawyers, Symposium, Fool For A Client: Some Reflections On Representing The President, Margaret Raymond

Fordham Law Review

No abstract provided.

Evaluating Effective Lawyer-Client Communication: An International Project Moving From Research To Reform, Clark D. Cunningham

Fordham Law Review

No abstract provided.

Multiple Communities Or Monolithic Clients: Positional Conflicts Of Interest And The Mission Of The Legal Services Lawyer, Peter Margulies

Fordham Law Review

No abstract provided.

Rethinking The Tough Sentencing Of Teenage Neonaticide Offenders In The United States, Christine A. Fazio, Jennifer L. Comito

Fordham Law Review

No abstract provided.

Bibliography To The Conference On The Delivery Of Legal Services To Low-Income Persons: Professional And Ethical Issues

Fordham Law Review

No abstract provided.

The Independent Counsel Investigation, The Impeachment Proceedings, And President Clinton's Defense: Inquiries Into The Role And Responsibilities Of Lawyers, Symposium, Imprudence And Partisanship: Starr's Oic And The Clinton-Lewinsky Affair, Robert W. Gordon

Fordham Law Review

No abstract provided.

A Prosecutor's Use Of Inconsistent Factual Theories Of A Crime In Successive Trials: Zealous Advocacy Or A Due Process Violation?, Michael Q. English

Fordham Law Review

No abstract provided.

U.S. Mutual Assistance To Colombia: Vague Promises And Diminishing Returns, Luz Estella Nagle

Fordham International Law Journal

This Article addresses mutual assistance between the United States and Colombia and the issues surrounding the drug war. Part I examines past and present cooperative agreements, the goals of the agreements in the context of national and regional security, and the reasons the agreements have or have not succeeded. Part II discusses current U.S. aid policy toward Colombia and the problems the United States will face if assistance proceeds as planned. Part III presents a critical view of Colombia as a nation unable to deal successfully with its many political, social, and moral crises, and incapable of living up to …

Defense Requests For International Judical Assistance: The U.K. Perspective, Christopher Murray

Fordham International Law Journal

The purpose of this Essay is to examine the machinery for providing evidence to defendants in foreign proceedings and the extent to which there is equality of arms and opportunity between the prosecutor and defendant when obtaining evidence from abroad in U.K. proceedings. This Essay will also identify the new problems that are starting to emerge when such equality is threatened. To do so, it explores the mechanism by which mutual assistance is governed in the United Kingdom - the Criminal Justice (International Co-operation) Act of 1990.

Extradition, Evidence Gathering, And Their Relatives In The Twenty-First Century: A U.S. Defense Counsel Perspective, Bruce Zagaris

Fordham International Law Journal

The United States is serving as a laboratory to resolve the tension between globalization, rising transnational criminality, and the demand for enhanced human rights. This Essay reviews selected areas of evidence gathering and extradition in transnational crime and closely related areas. The perspective will focus particularly on the rights of defendants.

The Role Of The Icty In The Development Of International Criminal Adjudication, Ivan Simonovic

Fordham International Law Journal

This Essay examines the specific conditions and motives that led to the establishment of the International Criminal Tribunal for the Former Yugoslavia (‘Tribunal‘ or ‘ICTY‘), its features as both a legal and a political institution, and the role of the ICTY in the development of international criminal adjudication. First, this article discusses the establishment of the ICTY. Second, this article discusses the role of the ICTY as a political and legal institution. Third, this article explores the role of the ICTY in the development of international criminal adjudication. Finally, this article evaluates the results of the ICTY to date.

U.S.-Russian Mutual Legal Assistance Treaty: Is There A Way To Control Russian Organized Crime?, Eugene Solomonov

Fordham International Law Journal

This Comment analyzes U.S. and Russian bilateral cooperation in fighting organized crime and the difficulties associated with this fight. Part I of this Comment presents the historical development of Russian organized crime, its domestic effects, and its internationalization, particularly in the United States. Part I also highlights the Russian government's legislative attempts to combat organized crime. Finally, Part I examines examples of international bilateral cooperation, such as that between Israel and the United States, which can be emulated by the Russian and U.S. authorities. Part II analyzes the existing Mutual Legal Assistance Agreement (“MLAA”) between the United States and the …

Prosecution And Punishment Of The Crime Of Genocide, Johan D. Van Der Vyver

Fordham International Law Journal

Part I of this Article scrutinizes the current definition of genocide in view of its theoretical circumscription in the Genocide Convention and with special reference to the judgment of the International Criminal Tribunal for Rwanda in Prosecutor v. Akayesu. Part II considers the validity and the application of the principle of universal jurisdiction to the crime of genocide, and the consequent duty of states to bring perpetrators of genocide to justice. Part III focuses on the jurisdiction ratione materia of the ICC regarding the crime of genocide. Part IV will pay special attention to the prosecution of genocide in the …

The Russian Approach: The Fight Against Genocide, War Crimes, And Crimes Against Humanity, Sergey Lavrov

Fordham International Law Journal

Despite some ambiguous periods in Russia’s history, its record in affirming the foundations

of humanism in international relations is unquestionable. The new democratic Russia, which is

faithful to traditions of humanism and mercy, is making strong efforts to defend victims of genocide,

war crimes, and crimes against humanity. The experience of the international community

in combating genocide, war crimes, and crimes against humanity indicates that the fight against

these evils is bound with efforts to support international peace and security. Post-World War II

history indicates that it is the United Nations that is the central figure in the struggle for …

Atrocities, Deterrence, And The Limits Of International Justice, David Wippman

Fordham International Law Journal

Unfortunately, the connection between international prosecutions and the actual deterrence of future atrocities is at best a plausible but largely untested assumption. Actual experience with efforts at deterrence is not encouraging. Before placing too much reliance on deterrence as a basis for supporting international criminal prosecutions, especially over possible alternatives such as truth and reconciliation commissions, we ought at least to consider carefully the obstacles to achieving effective deterrence.

Some Thoughts On Restoration, Reintegration And Justice In The Transnational Context, Mark Andrew Sherman

Fordham International Law Journal

This Essay argues that all actors – prosecutors, judges, and defense counsel – should care about what happens to foreign offenders following a judgment of conviction or entrance of a guilty plea, and that transnational correctional processes should be constructed and used to facilitate restoration of the victim and victimized community, and rehabilitation and reintegration of the offender. This is critical because, as in the domestic context, decisions about where and how foreign offenders are to be punished have much to do with whether justice is achieved for victims, affected communities, and offenders.

Cultures Of Commitment: Pro Bono For Lawyers And Law Students, Deborah L. Rhode

Fordham Law Review

No abstract provided.

Imposing Duties On Witnesses To Child Sexual Abuse: A Futile Response To Bystander Indifference, Jessica R. Givelber

Fordham Law Review

No abstract provided.

The Civil Regulation Of Prosecutors, Lesley E. Williams

Fordham Law Review

No abstract provided.

The Independent Counsel Investigation, The Impeachment Proceedings, And President Clinton's Defense: Inquiries Into The Role And Responsibilities Of Lawyers, Symposium, Cooperation With Federal Prosecutors: Experiences Of Truth Telling And Embellishment, Ellen Yaroshefsky

Fordham Law Review

No abstract provided.

The Independent Counsel Investigation, The Impeachment Proceedings, And President Clinton's Defense: Inquiries Into The Role And Responsibilities Of Lawyers, Symposium, Proportionality As An Ethical Precept For Prosecutors In Their Investigative Role, Rory K. Little

Fordham Law Review

No abstract provided.

We Have Seen The Enemy: Scenes From A Trial, Robert E. Precht

Fordham Urban Law Journal

This Article examines two traps that are particularly likely to undermine prosecutorial decision-making--the confirming-evidence trap and the anchoring trap. During the World Trade Center bombing trial, at which the author served as defense counsel, prosecutors stumbled into both of these traps. Part I of this Article examines the confirming-evidence trap in the context of the prosecution's failure to accept contradictory evidence regarding the material used in the bomb. Part II similarly examines the anchoring trap in light of the debacle that occurred during testimony by the prosecution's main witness. In addition to examining these episodes, the Article concludes that prosecutors …

Religion And The Public Defender, Sadiq Reza

Fordham Urban Law Journal

This essay argues that the public defender should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional responsibility, except for imminent death or serious bodily harm to another. Having accepted the responsibility of representing indigent criminal defendants, the public defender is duty-bound to not compromise that responsibility for competing religious obligations. This argument rests on four premises: (1) the public defender occupies a unique position in our legal system, and options available to private interest lawyers or other clients should not …

Expanding New York's Dna Database: The Future Of Law Enforcement, Robert W. Schumacher Ii

Fordham Urban Law Journal

This Article discusses a proposal by New York City Police Commissioner Howard Safir to expand New York's DNA Database. The proposal would allow the police to obtain DNA from anyone arrested for a recordable offense. The Article describes how DNA is used by law enforcement from the molecular level to DNA databases. The Article then describes Safir's proposal, including the controversy surrounding Fourth Amendment privacy concerns and fears of potential misuse of the DNA information by law enforcement. Despite these concerns, in light of New York's recidivism rates, crime trends, administrative costs, and investigative efficiency, the Article argues that Safir's …

Regulating The Market For Snitches , Ian Weinstein

Faculty Scholarship

These are boom times for the sellers and buyers of cooperation in the federal criminal justice system. While prosecutors have always welcomed the assistance of snitches, tougher federal sentencing laws have led to a significant increase in cooperation as more defendants try to provide "substantial assistance in the investigation or prosecution of another person," to have some chance of receiving a significant sentence reduction. In 1996 one of every five defendants sentenced in the federal courts won mitigation by providing substantial assistance. Many more defendants tried but failed to close the deal. The overheated cooperation market is creating serious problems …