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Articles 61 - 83 of 83
Full-Text Articles in Law
Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine
Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine
Fordham Urban Law Journal
A discussion of the Jewish concept of "Teshuva," which provides the possibility of atonement for wrongdoings. The article explores the process of "Teshuva" in depth and describes its relationship and significance to modern criminal law.
Religious Dimensions Of Mediation, F. Matthews-Giba
Religious Dimensions Of Mediation, F. Matthews-Giba
Fordham Urban Law Journal
This article takes an in-depth look at the religious roots of mediation, particularly emphasizing the influence of the Franciscan movement. It also discusses the religious roots of mediation in the United States, various strategies and styles of mediation, the religious motivation for settlement agreements, and multi-cultured mediation.
International Debt Forgiveness And Global Poverty Reduction, Chantal Thomas
International Debt Forgiveness And Global Poverty Reduction, Chantal Thomas
Fordham Urban Law Journal
This article discusses the relationship between the international debt crisis and global poverty. The author argues for an expansion of coordinated international effort, bolstered by fundamental principles of public international law, to address global poverty by substantially reducing the foreign-denominated debt owed by developing countries to modernized countries and financial institutions.
The Necessary Application Of The Contract Clause To Cases Involving Restrictive Covenants And Group Famiy Day Care Homes, Heidi Marie Flinn
The Necessary Application Of The Contract Clause To Cases Involving Restrictive Covenants And Group Famiy Day Care Homes, Heidi Marie Flinn
Fordham Urban Law Journal
This Note argues that courts should apply the Contract Clause analysis that is set for by the Supreme Court in Energy Reserves to all home based day care cases regardless of whether it is state legislative or judicial action that prevents enforcement of a restrictive covenant. It begins by explaining the background of restrictive covenants as they apply to group homes and outlines Contract Clause analysis in relation to restrictive covenants. Additionally, this Note explores the Fair Housing Act and how it is becoming the best tool to litigate cases involving covenants and group homes for the mentally ill, but …
The Pain Relief Promotion Act: Will It Spell Death To "Death With Dignity" Or Is It Unconstitutional?, Joy Fallek
The Pain Relief Promotion Act: Will It Spell Death To "Death With Dignity" Or Is It Unconstitutional?, Joy Fallek
Fordham Urban Law Journal
This Note explores Congress' attempts to restrict Oregon's Death with Dignity Act by enacting two the Lethal Drug Abuse and Prevention Act of 1998 ("LDAP Act") and the Pain Relief Promotion Act of 1999 ("PRPA"). It explores constitutional decisions concerning physician-assisted suicide and those which tend to show that the Supreme Court demonstrated federalist leanings during this time. The Note concludes that this Congressional legislation is a premature attempt to restrict experimentation concerning physician-assisted suicide and that the Supreme Court should strive to thwart attempts to cut off such experimentation.
Stopping Hate Without Stifling Speech: Re-Examining The Merits Of Hate Speech Codes On University Campuses, Catherine B. Johnson
Stopping Hate Without Stifling Speech: Re-Examining The Merits Of Hate Speech Codes On University Campuses, Catherine B. Johnson
Fordham Urban Law Journal
This Note explores legislative attempts to help reduce incidents of hate speech on university campuses. It begins by analyzing the rise in hate speech codes at public universities and examining two U.S. Supreme Court decisions in R.A.V. v. City of St. Paul and Wisconsin v. Mitchell. The author argues that a hate speech code that implements forward-looking, long-term education objective would work towards stopping hate on campus without violating students' First Amendment rights. This Note reaches the conclusion that a narrowly drawn hate speech code based on recognized First Amendment exceptions, implemented along with with education initiatives, could facilitate the …
Lawyering For Social Change, Karen L. Loewy
Lawyering For Social Change, Karen L. Loewy
Fordham Urban Law Journal
This Note explores the significance, legitimacy and methodology of lawyering for social change. It begins by examining lawyers' motives for entering into such work and the theoretical approaches toward political lawyering and the methodologies employed to effect change. It raises the question of whether it is justifiable for a lawyer to drive social change specifically considering his unique access to the legal system. The Note concludes that it is entirely legitimate for a lawyer to engage in work for social change in order to ensure that the rights of all people are protected whether through litigation, public education seminars, rallies, …
Sheff V. O'Neill: The Consequences Of Educational Table-Scraps For Poor Urban Minority Schools, Alicia L. Mioli
Sheff V. O'Neill: The Consequences Of Educational Table-Scraps For Poor Urban Minority Schools, Alicia L. Mioli
Fordham Urban Law Journal
This Note explores the debate between colorblindness and race consciousness while arguing that the multidistrict integration remedy called for by Sheff v. O'Neill does not directly address the true injury faced by minority students: inferior education. It examines the facts and background on the Sheff decision as well as other Connecticut cases involving school funding. Colorblind and race conscious theory is outlined as well as how each theory interacts with education. The Note concludes by explaining how integrationalists are missing the solution to the educational problems faced by minority students and how the true solution to them are not backward-looking, …
Child Access Prevention Laws: Keeping Guns Out Of Our Children's Hands, Rachel Shaffer
Child Access Prevention Laws: Keeping Guns Out Of Our Children's Hands, Rachel Shaffer
Fordham Urban Law Journal
This Note explores the Child Access Prevention ("CAP") law and laws which are generally intended to limit children's access to guns at home. The author proposes a model CAP law that should be enacted in the United States. This Note discusses the evolution of CAP laws and presents for arguments for and against such laws. It delves into the National Rifle Association's ("NRA") powerful influence that improperly prevents CAP laws from being enacted by the federal government. Additionally, it is argued that unless the federal government enacts a CAP law, innocent children will continue to be injure and lose their …
Drug Policy Alternatives- A Response From The Bench, John Curtin
Drug Policy Alternatives- A Response From The Bench, John Curtin
Fordham Urban Law Journal
The article begins by discussing the tremendous financial and social cost incurred by drug use and regulation. It then discusses some positive efforts to deal with the problem such as legalization and decriminalization. The article then states that it will take time to figure out the extent of legalization needed, and until that is figured out we need to focus efforts on harm reduction. The article then addresses whether the constitution bans drugs at all. Finally, the article concludes by stating that we can never hope to fully eliminate drug use, we can only hope to contain it, and gives …
Institutionalizing Innovation: The New York Drug Court Story, John Feinblatt, Greg Berman, Aubrey Foxx
Institutionalizing Innovation: The New York Drug Court Story, John Feinblatt, Greg Berman, Aubrey Foxx
Fordham Urban Law Journal
The article begins by discussing the problems that drug use is causing in the American Criminal Justice System. The article then discusses the use of "drug courts," which have proven effective in reducing drug use and recidivism. It then looks at the potential benefit of drug courts to the criminal justice system and states some of the questions pertaining to drug courts, such as limits and the requirement of specialized judges. The article concludes by looking at what critics have said about the use of drug courts, and by stating that the drug court idea is worth trying.
Our Drug Laws Have Failed - So Where Is The Desperately Needed Meaningful Reform?, David C. Leven
Our Drug Laws Have Failed - So Where Is The Desperately Needed Meaningful Reform?, David C. Leven
Fordham Urban Law Journal
The article begins by stating that the harsh drug laws of New York have failed to have an effect on the amount of drug dealers and instead have led to overcrowding of prisons with non-addict drug users. It states that the laws must be modified to give greater sentencing to judges, increasing diversion of non-violent offenders to rehabilitation. The article then delineates the problems resulting from current drug law and the criticism thereof. It then states the attempted reforms of drug laws that have been insufficient. The article concludes by suggesting proposals to solve the problems delineated, including proportionate sentences, …
From Free Trade To Prohibition: A Critical History Of The Modern Asian Opium Trade, Alfred W. Mccoy
From Free Trade To Prohibition: A Critical History Of The Modern Asian Opium Trade, Alfred W. Mccoy
Fordham Urban Law Journal
The article begins by exploring America's current war on drugs and how it represents a misuse of its power and misperception of the global narcotics trade. It continues and puts forth that Asia's opium production may soon increase to levels that will defeat the war on drugs now being waged by the United State and United Nations and goes into the the extent of Opium production in Asia. It then looks at a history of Opium trade, including the era which began prohibition and then the cold war, which began the expansion of the Asian opium trade. The article then …
Thinking About Drug Law Reform: Some Political Dynamics Of Medicalization, Fredrick Polak
Thinking About Drug Law Reform: Some Political Dynamics Of Medicalization, Fredrick Polak
Fordham Urban Law Journal
The article begins by stating that many people believe that medicalization offers the most reasonable approach to drug policy because it offers a dignified approach to treatment of addicts. However, it risks being a form of repression itself because it may define abstinence as the only acceptable treatment outcome. The article then explores the position of the medical profession in drug policy. It then looks at the negative political and social aspects and consequences of an abstinence-directed medicalization policy. The article concludes by stating that if abstinence is always the treatment goal then medicalization will be even less voluntary and …
Is Our Drug Policy Effective, Jefferson M. Fish
Is Our Drug Policy Effective, Jefferson M. Fish
Fordham Urban Law Journal
The article begins by stating that the time has come for a reexamination of our drug policy. It continues by discussing the two day conference "Is Our Drug Policy Effective?" "Are There Alternatives?" organized by several committee's. Because of space constraints, the article mainly delves into two topics, certain substances both licit and illicit with regard to both their physiological effects and the policies governing them, and also the disproportionate emphasis placed by the war on drugs on combating marijuana. The article then gives summaries of the speakers at the conference. These include: Objectives of our drug policy, overviews of …
The New Policing, Philip B. Heymann
The New Policing, Philip B. Heymann
Fordham Urban Law Journal
This article explores new forms of policing in New York, Chicago, and Boston. These cities developed new policing strategies that each involves a different combination of problem solving and new forms of "community policing". The article explores whether these developments resulted in crime reduction and changes in belief in the efficacy of policing. The article concludes by considering the costs of the resulting increased security - reduction in democratic control of policing and increased risk to civil liberties.
Street Stops And Broken Windows: Terry, Race, And Disorder In New York City, Jeffrey Fagan, Garth Davies
Street Stops And Broken Windows: Terry, Race, And Disorder In New York City, Jeffrey Fagan, Garth Davies
Fordham Urban Law Journal
This article explores patterns of police "stop and frisk" activity across New York City neighborhoods. While “Broken Windows” theory may account for higher stop and frisk activity for “quality of life” crimes, the authors suggest neighborhood characteristics like racial composition, poverty levels, and extent of social disorganization are strong predictors of race- and crime-specific stops. The authors consider whether street-stops in various neighborhoods comply with the Terry standard of reasonable suspicion as insight into the social and strategic meaning of policing. Their empirical evidence suggests policing focuses on policing poor people in poor places. Their strategy departs from "Broken Windows" …
Extra! Extra! Read All About It: What A Plaintiff "Knows Or Should Know" Based On Officials' Statements And Media Coverage Of Police Misconduct For Notice Of A § 1983 Municipal Liability Claim, Jenny Rivera
Fordham Urban Law Journal
The article argues that the Second Circuit's recent decisions in Clinton v. City of New York and Monzon v. City of New York reduce the effectiveness of a §1983 claim against a municipality. The article highlights that the element of subjectivity required to determine the accrual period of a §1983 claim restricts the utility of the claim because it adopts a cultural standard at odds with a racialized societal reality. The author discusses whether consideration of plaintiffs' testimony, statements of state and local police officials, and media coverage of municipal and state employee actions should factor into determining the accrual …
Why Civil Rights Lawsuits Do Not Deter Police Misconduct: The Conundrum Of Indemnification And A Proposed Solution, Richard Emery, Ilann Margalit Maazel
Why Civil Rights Lawsuits Do Not Deter Police Misconduct: The Conundrum Of Indemnification And A Proposed Solution, Richard Emery, Ilann Margalit Maazel
Fordham Urban Law Journal
This essay argues that indemnification of police officers found liable in civil suits works against deterring officers from future misconduct. The essay explains how the existing indemnification scheme results in tax payers funding these judgments and settlements and explains the mechanisms surrounding representation of a defendant officer and the city's indemnification of a decision. The author suggests a solution that allows for compensation of plaintiffs and deterrence of officers. Under the proposed solution, judges should always allow compensation for plaintiffs but should consider the officer's prior history of misconduct, the disciplinary measures taken against such misconduct, and the defendant's ability …
How Do We Reduce Crime And Preserve Human Decency? The Role Of Leadership In Policing For A Democratic Society, Benjamin B. Tucker
How Do We Reduce Crime And Preserve Human Decency? The Role Of Leadership In Policing For A Democratic Society, Benjamin B. Tucker
Fordham Urban Law Journal
This essay cautions that the successes in crime reduction cannot be sustained unless police-community relations improve. The essay discusses progress and development in law enforcement, documents the innovative rise in community policing, and concludes with suggestions on how to improve police-community tension, particularly tension between law enforcement and minority communities.
Why Did People Stop Committing Crimes? An Essay About Criminology And Ideology, George L. Kelling
Why Did People Stop Committing Crimes? An Essay About Criminology And Ideology, George L. Kelling
Fordham Urban Law Journal
This essay considers the sharp decline in crime that was observed in 1994 in New York City and across the nation. The author suggests that crime reduction in various areas must be understood in a local context. This article discusses the steps New York City took prior to the observed crime reduction. The essay then discusses how urban renewal projects, weakening institutional control of youth behavior, and highly centralized facilities and strategies of law enforcement may have contributed to the violence of the 1980's. The author concludes that bad social policies contributed to elevated the crime rate and improvement of …
Rebellious Or Regnant: Police Brutality Lawyering In New York City, Jessica A. Rose
Rebellious Or Regnant: Police Brutality Lawyering In New York City, Jessica A. Rose
Fordham Urban Law Journal
The author encourages progressive lawyers of New York City to adopt a more rebellious form of practice to combat police brutality while empowering the client and community. This comment analyzes legal representation of New York police brutality victims through the perspective of Professor Gerald Lopez's theory of rebellious lawyering. The comment first describes rebellious lawyering and includes criticism and discussion of other related theories. Next, the author discusses leading methods of representation used in New York City in police brutality cases and the regnant and rebellious characteristics of each method. The author finds that a more creative and rebellious method …
Law And Disorder: Is Effective Law Enforcement Inconsistent With Good Police-Community Relations?, William J. Bratton, Andrew G. Celli, Paul Chevigny, Johnnie L. Cochran
Law And Disorder: Is Effective Law Enforcement Inconsistent With Good Police-Community Relations?, William J. Bratton, Andrew G. Celli, Paul Chevigny, Johnnie L. Cochran
Fordham Urban Law Journal
This roundtable discusses crime reduction and police-community relations. Professor Chevigny asserted that violation of rights is an unacceptable trade-off for more effective law enforcement and advocated problem-solving policing. Commissioner Bratton discussed the compatibility of civil liberties and civil police and his work as commissioner. Attorney Lynch discussed the federal government's role in handling law enforcement as it relates to community relations by discussing the cases the federal government handles and the federal government 's powers and abilities in this area. Mr. Celli discussed the Attorney General Office's study of the New York City Police Department, theories behind the New York …