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Articles 1 - 30 of 54
Full-Text Articles in Entire DC Network
A Voice For One, Or A Voice For The People: Balancing Prosecutorial Speech Protections With Community Trust, Immanuel Kim
A Voice For One, Or A Voice For The People: Balancing Prosecutorial Speech Protections With Community Trust, Immanuel Kim
Fordham Law Review
Prosecutors, as representatives of the public in the criminal justice system, are the sole advocates for “the People” in a criminal case. Thus, prosecutors are expected to maintain a particular level of integrity that would ensure a fair and just representation of the People. Despite this expectation, the wide discretionary authority prosecutors hold makes it virtually impossible to regulate their conduct. Furthermore, the First Amendment of the U.S. Constitution protects many expressions of viewpoints, and such protections extend—albeit to a limited degree—to prosecutors, thereby giving them even more discretion in how they decide to handle their own cases. Nonetheless, the …
American Equal Protection And Global Convergence, Holning Lau, Hillary Li
American Equal Protection And Global Convergence, Holning Lau, Hillary Li
Fordham Law Review
Commentators have noted that equal protection doctrine is in a state of transformation. The nature of that transformation, however, is poorly understood. This Article offers a clearer view of the change underway. This Article is the first to reveal and synthesize three major trajectories along which the U.S. Supreme Court has begun to move. First, the Court has begun to blur the line that it previously drew between facial discrimination and disparate impact. Second, the Court has begun to collapse its previously established tiered standards for reviewing discrimination. These two trajectories combine to produce a third trajectory of change: by …
Toward Civil Rights Enforcement In The Environmental Justice Context - Step One: Acknowledging The Problem, Marianne Engelman Lado
Toward Civil Rights Enforcement In The Environmental Justice Context - Step One: Acknowledging The Problem, Marianne Engelman Lado
Fordham Environmental Law Review
No abstract provided.
Why Civil And Criminal Procedure Are So Different: A Forgotten History, Ion Meyn
Why Civil And Criminal Procedure Are So Different: A Forgotten History, Ion Meyn
Fordham Law Review
Much has been written about the origins of civil procedure. Yet little is known about the origins of criminal procedure, even though it governs how millions of cases in federal and state courts are litigated each year. This Article’s examination of criminal procedure’s origin story questions the prevailing notion that civil and criminal procedure require different treatment. The Article’s starting point is the first draft of the Federal Rules of Criminal Procedure—confidential in 1941 and since forgotten. The draft reveals that reformers of criminal procedure turned to the new rules of civil procedure for guidance. The contents of this draft …
Asset Forfeiture And Attorneys’ Fees: The Zero-Sum Game, Adam R. Cohen
Asset Forfeiture And Attorneys’ Fees: The Zero-Sum Game, Adam R. Cohen
Fordham Law Review
The history of asset forfeiture law spans almost as long as the history of the United States. However, in the last thirty years, the number of crimes for which asset forfeiture can be levied has grown exponentially both on the federal and state levels. As a result, a growing number of defendants face asset forfeiture. When these criminal defendants seek legal representation, they place their attorneys in a difficult legal and ethical position. Asset forfeiture has developed in such a way that the criminal defense attorney cannot provide her client with zealous advocacy if the attorney seeks to retain her …
Bathroom Laws As Status Crimes, Stephen Rushin, Jenny Carroll
Bathroom Laws As Status Crimes, Stephen Rushin, Jenny Carroll
Fordham Law Review
A growing number of American jurisdictions have considered laws that prohibit trans individuals from using bathroom facilities consistent with their gender identities. Several scholars have criticized these so-called “bathroom laws” as a form of discrimination in violation of federal law. Few scholars, though, have considered the criminal justice implications of these proposals. By analyzing dozens of proposed bathroom laws, this Article explores how many laws do more than stigmatize the trans community—they effectively criminalize it. Some of these proposed laws would establish new categories of criminal offenses for trans individuals who use bathrooms consistent with their gender identity. Others would …
Adjudication In The Age Of Disagreement, John Fabian Witt
Adjudication In The Age Of Disagreement, John Fabian Witt
Fordham Law Review
In the time I have here with you today I would like to offer the beginnings of an answer. It does not lie in the distance between the court’s traditions and Manton’s conduct. That would be too easy. At base, I think the answer lies in something far more subtle and interesting: the relationship between acentral tradition of the Second Circuit and one of the great questions we face as a society today. That question is how to deal with disagreement.
2017-2018 Fordham Law School Faculty Bibliography, Fordham Law School Library
2017-2018 Fordham Law School Faculty Bibliography, Fordham Law School Library
Faculty Bibliography
No abstract provided.
Reflections On The Challenge Of Inez Moore: Family Integrity In The Wake Of Mass Incarceration, Ann Cammett
Reflections On The Challenge Of Inez Moore: Family Integrity In The Wake Of Mass Incarceration, Ann Cammett
Fordham Law Review
The U.S. Supreme Court case Moore v. City of East Cleveland has long been celebrated as affirming constitutional rights related to family integrity. The Moore holding specifically confirmed the Court’s obligation to scrutinize housing ordinances that regulate a traditional family’s household composition. By comparison and extension, one might assume that alternative family formations would trigger similar scrutiny, but the Court has been loath to extend these protections. Apart from the Court’s failure to increase protections beyond traditional extended families, an interesting phenomenon has gone largely unexplored in this jurisprudential framework. In the wake of late twentieth-century mass incarceration, lawmakers and …
Thinking Outside The Box: Reforming Commercial Discrimination Doctrine To Combat The Negative Consequences Of Ban-The-Box Legislation, Nina Kucharczyk
Thinking Outside The Box: Reforming Commercial Discrimination Doctrine To Combat The Negative Consequences Of Ban-The-Box Legislation, Nina Kucharczyk
Fordham Law Review
This Note suggests a new approach to address the unintended consequences of ban-the-box legislation. The solution to combat unconscious discrimination during the hiring process is not to eliminate ban- the-box laws entirely; instead, lawmakers must modernize and strengthen Commercial discrimination doctrine to empower racial minorities who suspect discrimination and to ensure employers are critically analyzing their hiring processes.
Riding The Wave Or Drowning?: An Analysis Of Gender Bias And Twombly/Iqbal In Title Ix Accused Student Lawsuits, Bethany A. Corbin
Riding The Wave Or Drowning?: An Analysis Of Gender Bias And Twombly/Iqbal In Title Ix Accused Student Lawsuits, Bethany A. Corbin
Fordham Law Review
This Article offers the first empirical analysis of dismissal trends in reverse Title IX cases and highlights that most courts erroneously dismiss these lawsuits at the 12(b)(6) stage. Through a misinterpretation of plausibility pleading, these courts hold that accused perpetrators have not shown causal evidence of discrimination at the outset of the lawsuit. This prodismissal approach, however, violates Swierkiewicz v. Sorema N.A.’s proclamation complaint. This Article proposes a more flexible causal pleading scheme that satisfies Twombly, Iqbal, and Swierkiewicz and ensures accused perpetrators receive their day in court. Alternatively, this Article argues for limited predismissal discovery in …
Jail Isolation After Kingsley: Abolishing Solitary Confinement At The Intersection Of Pretrial Incarceration And Emerging Adulthood, Deema Nagib
Fordham Law Review
In 2015, the U.S. Supreme Court held that allegations of excessive use of force in pretrial detention are subject to an objective standard. However, it is unclear whether the objective standard extends to claims arising out of different factual circumstances. The Second Circuit’s recent decision in Darnell v. Pineiro to extend Kingsley v. Hendrickson to conditions-of- confinement cases provides hope. This Note argues that Kingsley should extend to solitary confinement litigation—particularly the isolation of emerging adults in pretrial detention. Solitary confinement is a widespread practice in the criminal justice system, but the implications of its use in pretrial detention have …
John Moore Jr.: Moore V. City Of East Cleveland And Children’S Constitutional Arguments, Nancy E. Dowd
John Moore Jr.: Moore V. City Of East Cleveland And Children’S Constitutional Arguments, Nancy E. Dowd
Fordham Law Review
This Article is divided into three parts. First, I retell the story of Moore from John Jr.’s perspective and frame his potential claims. Second, I explore constitutional arguments under existing doctrine, using contemporary equal protection and substantive due process analyses. Finally, I suggest how a children’s rights perspective might be even more persuasive as a strategy for John Jr. as well as for achieving opportunity and equality on behalf of contemporary children living amid and affected by structural inequalities that impact their developmental capacity.
Civil Trials: A Film Illusion?, Taunya L. Banks
Civil Trials: A Film Illusion?, Taunya L. Banks
Fordham Law Review
As Judge Elrod’s comments suggest, the most well-known courtroom film classics, like 12 Angry Men, Anatomy of a Murder, or Witness for the Prosecution are about criminal trials. This fact may be unimportant because the distinction between criminal and civil trial films often is lost on the general public. Unanswered is whether the distinction between criminal and civil trials is important when determining the impact of the decline in real-life civil trials on American popular culture and courtroom films in particular. This question is the focus of this Article.
Constraining Monitors, Veronica Root
Constraining Monitors, Veronica Root
Fordham Law Review
Part I of this Article explains the failure of recent attempts by courts and legislators to constrain monitor behavior. Part II then argues that one reason for the lack of monitorship regulation lies in the reluctance of bar associations to oversee quasi-legal behavior. It then explains why reputation appears to be the primary factor reigning in monitor behavior today. Part III discusses implications of this Article’s findings. Specifically, it discusses concerns regarding the disclosure of information, the boundaries of the relationship between a monitor and other parties, and the ways a monitor’s identity might be utilized as a sanctioning mechanism. …
Keeping Gideon’S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren S. Lucas
Keeping Gideon’S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren S. Lucas
Fordham Law Review
The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel, and the U.S. Supreme Court has made clear that right is applicable to all defendants in felony cases, even those unable to afford a lawyer. Yet, for defendants facing misdemeanor charges, only those defendants whose convictions result in incarceration are entitled to the assistance of counsel. The number of misdemeanor prosecutions has increased dramatically in recent years, as have the volume and severity of collateral consequences attached to such convictions; yet, the Court’s right to counsel jurisprudence in this area has remained stagnant. Critics of the …
Mens Rea And Methamphetamine: High Time For A Modern Doctrine Acknowledging The Neuroscience Of Addiction, Meredith Cusick
Mens Rea And Methamphetamine: High Time For A Modern Doctrine Acknowledging The Neuroscience Of Addiction, Meredith Cusick
Fordham Law Review
Neuroscience research reveals that drug addiction results in catastrophic damage to the brain resulting in cognitive and behavioral deficits. Methamphetamine addiction is of particular interest to criminal law because it causes extensive neural destruction and is associated with impulsive behavior, violent crime, and psychosis. Furthermore, research has revealed important distinctions between the effects of acute intoxication and addiction. These findings have implications for the broader doctrine of mens rea and, specifically, the intoxication doctrines. This Note argues for the adoption of an addiction doctrine that acknowledges the effect of addiction on mens rea that is distinct from doctrines of intoxication.
Constraining Monitors, Veronica Root
Constraining Monitors, Veronica Root
Fordham Law Review
Part I of this Article explains the failure of recent attempts by courts and legislators to constrain monitor behavior. Part II then argues that one reason for the lack of monitorship regulation lies in the reluctance of bar associations to oversee quasi-legal behavior. It then explains why reputation appears to be the primary factor reigning in monitor behavior today. Part III discusses implications of this Article’s findings. Specifically, it discusses concerns regarding the disclosure of information, the boundaries of the relationship between a monitor and other parties, and the ways a monitor’s identity might be utilized as a sanctioning mechanism. …
Civil Trials: A Film Illusion?, Taunya L. Banks
Civil Trials: A Film Illusion?, Taunya L. Banks
Fordham Law Review
As Judge Elrod’s comments suggest, the most well-known courtroom film classics, like 12 Angry Men, Anatomy of a Murder, or Witness for the Prosecution are about criminal trials. This fact may be unimportant because the distinction between criminal and civil trial films often is lost on the general public. Unanswered is whether the distinction between criminal and civil trials is important when determining the impact of the decline in real-life civil trials on American popular culture and courtroom films in particular. This question is the focus of this Article.
Mens Rea And Methamphetamine: High Time For A Modern Doctrine Acknowledging The Neuroscience Of Addiction, Meredith Cusick
Mens Rea And Methamphetamine: High Time For A Modern Doctrine Acknowledging The Neuroscience Of Addiction, Meredith Cusick
Fordham Law Review
Neuroscience research reveals that drug addiction results in catastrophic damage to the brain resulting in cognitive and behavioral deficits. Methamphetamine addiction is of particular interest to criminal law because it causes extensive neural destruction and is associated with impulsive behavior, violent crime, and psychosis. Furthermore, research has revealed important distinctions between the effects of acute intoxication and addiction. These findings have implications for the broader doctrine of mens rea and, specifically, the intoxication doctrines. This Note argues for the adoption of an addiction doctrine that acknowledges the effect of addiction on mens rea that is distinct from doctrines of intoxication.
Keeping Gideon’S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren S. Lucas
Keeping Gideon’S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren S. Lucas
Fordham Law Review
The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel, and the U.S. Supreme Court has made clear that right is applicable to all defendants in felony cases, even those unable to afford a lawyer. Yet, for defendants facing misdemeanor charges, only those defendants whose convictions result in incarceration are entitled to the assistance of counsel. The number of misdemeanor prosecutions has increased dramatically in recent years, as have the volume and severity of collateral consequences attached to such convictions; yet, the Court’s right to counsel jurisprudence in this area has remained stagnant. Critics of the …
Revisiting Our Administrative System Of Criminal Justice, Benjamin E. Rosenberg
Revisiting Our Administrative System Of Criminal Justice, Benjamin E. Rosenberg
Res Gestae
Nineteen years after Judge Lynch’s piece, "Our Administrative System of Criminal Justice," this Article considers recent developments in the criminal justice system and whether Judge Lynch’s observations have withstood the test of time. It suggests that Judge Lynch’s observation—that our criminal justice system has strayed far from the model of the adversarial system—remains as true today as it was when he made it in 1998. It further explains that developments in the nineteen years since the publication of “Our Administrative System of Criminal Justice” have caused the criminal justice system to stray even further from the adversarial model and in …
Weaver V. Commonwealth Of Massachusetts, Bruce Green, Russell Pearce
Weaver V. Commonwealth Of Massachusetts, Bruce Green, Russell Pearce
Amicus Briefs
No abstract provided.
The Robert L. Levine Distinguished Lecture: A Conversation With Justice Ruth Bader Ginsburg And Professor Aaron Saiger, Ruth Bader Ginsburg, Aaron Saiger
The Robert L. Levine Distinguished Lecture: A Conversation With Justice Ruth Bader Ginsburg And Professor Aaron Saiger, Ruth Bader Ginsburg, Aaron Saiger
Fordham Law Review
PROFESSOR AARON SAIGER: It’s a signal honor for Fordham Law School and a personal honor for me and a pleasure to have Justice Ginsburg here tonight. We want to thank you for coming. I think I will not reiterate all of the thanks Dean Diller has offered, except to say that we are very grateful to the Levine family and deeply indebted to the students of the Law Review who have made tonight happen. The format of the evening is as follows: I will ask questions and the Justice will answer them.
Collaborating Across The Walls: A Community Approach To Parole Justice, Michelle Lewin, Nora Caroll
Collaborating Across The Walls: A Community Approach To Parole Justice, Michelle Lewin, Nora Caroll
Parole Preparation & Appeal Resources
No abstract provided.
Stein Center For Law And Ethics Annual Report 2016 To 2017, Stein Center For Law And Ethics
Stein Center For Law And Ethics Annual Report 2016 To 2017, Stein Center For Law And Ethics
Annual Reports
No abstract provided.
Faculty Chairs: New And Currently Endowed Chairholders 2017, Fordham Law School
Faculty Chairs: New And Currently Endowed Chairholders 2017, Fordham Law School
Miscellanea
Short profiles and bibliographies of faculty members awarded chairs in 2017.
Andrea Yates: A Continuing Story About Insanity, Deborah W. Denno
Andrea Yates: A Continuing Story About Insanity, Deborah W. Denno
Faculty Scholarship
No abstract provided.
The Color Of Kinship, Robin A. Lenhardt
The Color Of Kinship, Robin A. Lenhardt
Faculty Scholarship
This Article addresses the need for family law scholarship that better theorizes and grapples with how race informs American life in the 21st Century. Family law scholars have been instrumental in documenting and advocating for recognition of the “new kinship”—familial relationships and affective ties forged outside of marriage and amidst dramatic demographic shifts. In doing so, though, they have largely ignored race, focusing instead on matters such as gender or class. The assumption is that kinship is raceneutral. But, in fact, kinship has a color. Part II explores this reality by analyzing Cramblett v. Midwest Sperm Banks, LLC, a case …
What’S Love Got To Do With It? How Current Law Overlooks The Complexities Of Intimate Partner Violence On College And University Campuses, Ashley Reicher
What’S Love Got To Do With It? How Current Law Overlooks The Complexities Of Intimate Partner Violence On College And University Campuses, Ashley Reicher
Fordham Urban Law Journal
No abstract provided.