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Articles 1 - 30 of 48
Full-Text Articles in Entire DC Network
Poker Flops Under New York Law, Bennett M. Liebman
Poker Flops Under New York Law, Bennett M. Liebman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Foreword: Engaging Documentaries Seriously, Regina Austin, Foreword
Foreword: Engaging Documentaries Seriously, Regina Austin, Foreword
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Videotaped Confessions And The Genre Of Documentary, Jessica Silbey
Videotaped Confessions And The Genre Of Documentary, Jessica Silbey
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Crime Victims As Subjects Of Documentaries: Exploitation Or Advocacy?, Roslyn Myers
Crime Victims As Subjects Of Documentaries: Exploitation Or Advocacy?, Roslyn Myers
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Next ‘New Wave’: Law-Genre Documentaries, Lawyering In Support Of The Creative Process, And Visual Legal Advocacy, Regina Austin
The Next ‘New Wave’: Law-Genre Documentaries, Lawyering In Support Of The Creative Process, And Visual Legal Advocacy, Regina Austin
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article challenges stereotypes and misconceptions about law-genre documentaries. Part I will propose a working definition of law-genre documentaries because such a categorization is a necessary precursor to thinking or writing about the relevance of documentary films to lawyers, law students, and anyone interested in law and the pursuit of justice. The Article will go on from there to describe in Part II the various rhetorical or narrative styles or modes of filmmaking that documentarians employ. Although these styles or modes contribute to the impenetrability of documentary films, an understanding of their limitations can open up documentary films to critical …
John Paul Stevens, Human Rights Judge, Diane Marie Amann
John Paul Stevens, Human Rights Judge, Diane Marie Amann
Fordham Law Review
No abstract provided.
Justice Stevens, The Peremptory Challenge, And The Jury, Nancy S. Marder
Justice Stevens, The Peremptory Challenge, And The Jury, Nancy S. Marder
Fordham Law Review
No abstract provided.
Less Is Better: Justice Stevens And The Narrowed Death Penalty, James S. Liebman, Lawrence C. Marshall
Less Is Better: Justice Stevens And The Narrowed Death Penalty, James S. Liebman, Lawrence C. Marshall
Fordham Law Review
No abstract provided.
Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber
Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber
Fordham Law Review
No abstract provided.
Addressing The Emergence Of Advocacy In The Chinese Criminal Justice System: A Collaboration Between A U.S. And A Chinese Law School , Robert Lancaster, Ding Xiangshun
Addressing The Emergence Of Advocacy In The Chinese Criminal Justice System: A Collaboration Between A U.S. And A Chinese Law School , Robert Lancaster, Ding Xiangshun
Fordham International Law Journal
This Article addresses how the procedural, educational, and professional changes in China’s legal system have affected criminal trial procedure and criminal trial practice in the country. It discusses how these changes have created a need for Chinese criminal judges, prosecutors, and defense attorneys to be well versed in the adversarial process. It describes how the China Trial Advocacy Institute, a collaborative project between Renmin University of China School of Law and Indiana University School of Law-Indianapolis, has developed to help address this emerging need.
Expanding And Sustaining Clinical Legal Education In Developing Countries: What We Can Learn From South Africa , Peggy Maisel
Expanding And Sustaining Clinical Legal Education In Developing Countries: What We Can Learn From South Africa , Peggy Maisel
Fordham International Law Journal
This Article reviews the development of clinical education in South Africa and the valuable lessons such an analysis provides for those seeking to promote clinical education elsewhere. This Article reviews the obstacles faced in South Africa and the creative ways clinicians have attempted to overcome them, some much more successful than others.
An Internet-Based Mental Disability Law Program: Implications For Social Change In Nations With Developing Economies, Michael L. Perlin
An Internet-Based Mental Disability Law Program: Implications For Social Change In Nations With Developing Economies, Michael L. Perlin
Fordham International Law Journal
This Article first briefly discusses the use of distance learning in a law school environment, and considers the special implications of distance learning for persons with disabilities. It then explains the structure and rationale of these courses, reports on a course section taught in Nicaragua in the Fall-Winter of 2002, and considers plans to replicate the Nicaraguan experience throughout other nations with developing economies in Africa, Asia, Central America, and Central and Eastern Europe. Finally, this Article assesses the potential impact of such a course on developing-economy nations.
U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson
U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson
Fordham International Law Journal
Our specific topic is Guantanamo, but in my brief remarks I would like to take the long view of U.S. counterterrorism policy (including Guantanamo) and link it to the question of the compliance of the United States, as today's superpower, with international human rights norms, its relationship to the United Nations and, speaking very broadly, international law norms as conceived by the international community. This is partly a question of the relationship of U.S. counterterrorism policy to international law. But it is also a question of the relationship of the superpower to the rest of the international community, and in …
The Reform Path Of The Chinese Judiciary: Progress Or Stand-Still?, Jonas Grimheden
The Reform Path Of The Chinese Judiciary: Progress Or Stand-Still?, Jonas Grimheden
Fordham International Law Journal
In the later part of 2007 China will be at yet another watershed moment. The 17th Party Congress will be held, where new leaders of China will jockey into position. Will these leaders proceed on the slow and cautious trail set out by their predecessors? Will they regress to the demands of the ultra-conservative “left-wingers”? Or will the likely rejuvenated leadership be bold enough to face the many challenges with a more progressive agenda? This Essay addresses these questions by briefly describing and analyzing the development and the potential of the Chinese judiciary. In this analysis, the judiciary functions more …
Global Collaboration In Law Schools: Lessons To Learn, Elizabeth B. Cooper
Global Collaboration In Law Schools: Lessons To Learn, Elizabeth B. Cooper
Fordham International Law Journal
This Introduction to the Symposium, Global Alliance for Justice Education (“GAJE”) North American Regional Conference, discusses four articles in the Fordham International Law Journal that advance a growing goal of the GAJE: developing scholarship to facilitate justice education and increasing awareness of the global justice movement. Each of the following four articles identifies ways in which collaborating law professors in significantly different contexts--China, South Africa, Nicaragua, and the United States--can learn from each other to develop vital programs of legal education and to strive for social justice.
Jack Bauer And The Rule Of Law: The Case Of Extraordinary Rendition, James R. Silkenat, Peter M. Norman
Jack Bauer And The Rule Of Law: The Case Of Extraordinary Rendition, James R. Silkenat, Peter M. Norman
Fordham International Law Journal
This Essay examines the Bush Administration's use of a tactic in the “War on Terror” called “extraordinary rendition.” The term extraordinary rendition refers to the process by which alleged terrorists are captured by the U.S. Government, transferred to another country, interrogated, and possibly tortured--all without judicial involvement--so the U.S. Government may attempt to uncover possible terrorist activity. Extraordinary rendition thus differs from ordinary forms of rendition, since the latter refers broadly to any circumstance where a government takes or transfers custody of a person by means of procedures outside those of extradition treaties.
Don't Forget The Family: A Proposal For Expanding Immediate Protection To Families Of Human Trafficking Survivors, Katrina Lynne Baker
Don't Forget The Family: A Proposal For Expanding Immediate Protection To Families Of Human Trafficking Survivors, Katrina Lynne Baker
Fordham International Law Journal
In Part I, this Note will discuss the current epidemic of human trafficking, the various ways the United Nations and the United States have attempted to combat trafficking, and highlight the importance of U.S. prosecutorial duties of witness protection that are especially implicated in human trafficking cases. Part II will present criticisms of efforts by the United Nations and the United States to protect victims of trafficking and their family members. This part will also focus on current U.S. protections afforded to families of human trafficking survivors and programs such as the Witness Security Program, from which U.S. lawmakers may …
Friendship & The Law, Ethan J. Leib
Friendship & The Law, Ethan J. Leib
Faculty Scholarship
This Article's central argument is that the law needs to do a better job of recognizing, protecting, respecting, and promoting friendships. The law gives pride of place to other statuses--family and special professional relationships are obvious ones--but the status of the friend is rarely relevant to legal decisionmaking and public policymaking in a consistent way. After defining the concept of the friend, I offer a normative argument for why the law should promote a public policy of friendship facilitation and for why the law ignores friendships only at its peril. I highlight how the law already finds friendship relevant in …
Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno
Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno
Faculty Scholarship
Unwarranted constraints on the admissibility of genetics evidence in death penalty cases can undercut some defendants' efforts to fight their executions. For example, genetics evidence can help validate some traditionally accepted mitigating factors (such as certain psychiatric or behavioral disorders) that can otherwise be difficult for defendants to prove. By imposing unreasonable limitations on genetics arguments, the criminal justice system may be undermining the very principles and progressive thinking the cap on genetics evidence was originally intended to achieve. Part II of this article briefly reviews the facts and legal arguments in Mobley v. State. Part III addresses the primary …
Kriegsraison Or Military Necessity? The Bush Administration's Wilhelmine Attitude Towards The Conduct Of War, Scott Horton
Kriegsraison Or Military Necessity? The Bush Administration's Wilhelmine Attitude Towards The Conduct Of War, Scott Horton
Fordham International Law Journal
One phrase from a memorandum issued by President George W. Bush early in the War on Terror offers an effective summary of a radically transformed military doctrine. “As a matter of policy,” Bush wrote, “the United States Armed Forces shall continue to treat detainees humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.” The statement offered a sense of assurance of continuity of U.S. military doctrine, which many generations viewed as being at or near the vanguard in assuring high standards for the treatment of military prisoners. This was …
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies
Fordham International Law Journal
This Article argues for pushing the envelope when three conditions are met: (1) the executive engages in dialogue with other players, either before the fact or through timely ex post ratification; (2) pushing the envelope will generate a net positive aggregate of institutional consequences, viewed from an intermediate and long-term perspective; and (3) pushing the envelope harmonizes executive policy with evolving international or domestic norms. When these conditions are met, the lawyer for the executive should recommend the action, even if it appears inconsistent with the letter of existing law. While acting gives both the lawyer and her client “dirty …
The Guantanamo Protective Order, Brendan M. Driscoll
The Guantanamo Protective Order, Brendan M. Driscoll
Fordham International Law Journal
This Note analyzes the Green Protective Order, and the arguments of its proponents and critics. It aims to facilitate broader public awareness of an issue that, while not commanding newspaper headlines, may actually have greater consequence for Guantánamo prisoners and their counsel than those issues that do attract mass media attention. Part I provides a brief background on protective orders in general and their use in cases involving confidential national security, before examining the Green Protective Order in detail. Part II considers, in detail, three different assessments of the Green Protective Order named above, as these positions have been articulated …
An Excuse-Centered Approach To Transitional Justice, David Gray
An Excuse-Centered Approach To Transitional Justice, David Gray
Fordham Law Review
No abstract provided.
The Constitution As Black Box During National Emergencies: Comment On Bruce Ackerman's Before The Next Attack: Preserving Civil Liberties In An Age Of Terrorism, Martha Minow
Fordham Law Review
No abstract provided.
Fighting Federalism With Federalism: If It's Not Just A Battle Between Federalists And Nationalists, What Is It?, David J. Barron
Fighting Federalism With Federalism: If It's Not Just A Battle Between Federalists And Nationalists, What Is It?, David J. Barron
Fordham Law Review
No abstract provided.
Underenforcement, Alexandra Natapoff
The Commerce Clause And Federal Abortion Law: Why Progressives Might Be Tempted To Embrace Federalism, Jordan Goldberg
The Commerce Clause And Federal Abortion Law: Why Progressives Might Be Tempted To Embrace Federalism, Jordan Goldberg
Fordham Law Review
No abstract provided.
Political Power And Judicial Power: Some Observations On Their Relation, Mark Tushnet
Political Power And Judicial Power: Some Observations On Their Relation, Mark Tushnet
Fordham Law Review
No abstract provided.
Teaching Reflective Lawyering In A Small Case Litigation Clinic: A Love Letter To My Clinic Papers Presented At The Ucla/Ials Conference On Enriching Clinical Education, Ian Weinstein
Faculty Scholarship
This article describes a live client, small case, teaching and learning centered, criminal defense clinic set in a high volume urban court. It offers concrete suggestions about how clinical educators can help students develop analytic and technical skills. The clinic model is conceived in three phases: giving students the opportunity to develop a contextualized understanding of the client; guiding students through strategic analysis and planning; and focusing students' litigation strategies on executing their tactical vision for their client. The article argues that this clinical setting structures the students' experiences so that they develop a complex and deeply moral lawyerly problem …
Sex Before Violence: Girls, Dating Violence, And (Perceived) Sexual Autonomy, Cheryl Hanna
Sex Before Violence: Girls, Dating Violence, And (Perceived) Sexual Autonomy, Cheryl Hanna
Fordham Urban Law Journal
This article explores the phenomenon of girl violence by examining teen dating violence and girls' experiences with intimate abuse both as victims and as perpetrators. While there is a tendency to view women's experiences as victims of violence as separate and distinct from their experiences as victims of violence, the two phenomena are interrelated. A girl's violent victimization can lead her to victimize someone else, just as her own violence can lead her to violent victimization. These conversations about young women and sexual behavior are especially important for lawyers and advocates. While the implementation of legal strategies such as civil …