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Full-Text Articles in Law
Nonconsensual Pornography: An Old Crime Updates Its Software, Jillian Roffer
Nonconsensual Pornography: An Old Crime Updates Its Software, Jillian Roffer
Fordham Intellectual Property, Media and Entertainment Law Journal
This Note proposes a statute that considers social media and the Internet. The proposed statute is advantageous because it understands how perpetrators abuse social media and the Internet and implements the protections that victims deserve from the legal system. When society understands the harms and “[w]hen there is no outlet for these images, no audience for these images, and no desire to post these images, that is when the images will cease to cause harm to victims.” The lessons from the criminalization of other forms of gender abuse indicate that society needs to change its attitude toward crimes that predominately …
Foreword: Critical Race Theory And Empirical Methods Conference, Kimani Paul-Emile
Foreword: Critical Race Theory And Empirical Methods Conference, Kimani Paul-Emile
Fordham Law Review
Everyone seems to be talking about race. From the protests that erupted in cities across the country over the failure of grand juries in Missouri and New York to indict police officers in the killing of two unarmed black men, to the racially charged statements made by the owners of professional sports teams; and the college fraternity members captured on film singing a racist lynching song; race exploded into the nation’s collective consciousness. Even the Starbucks Coffee chain’s recent “Race Together” campaign, intended to promote discussion about race, sparked a controversy and was quickly withdrawn. These and other events have …
Police Racial Violence: Lessons From Social Psychology, L. Song Richardson
Police Racial Violence: Lessons From Social Psychology, L. Song Richardson
Fordham Law Review
The recent rash of police killing unarmed black men has brought national attention to the persistent problem of policing and racial violence. These cases include the well-known and highly controversial death of Michael Brown in Ferguson, Missouri, as well as the deaths of twelve-year-old Tamir Rice in Cleveland, Ohio; Eric Garner in Staten Island, New York; John Crawford III in Beavercreek, Ohio; Ezell Ford in Los Angeles, California; Dante Parker in San Bernardino County, California; and Vonderrit D. Myers Jr. in St. Louis, Missouri. Data reported to the FBI indicate that white police officers killed black citizens almost twice a …
When Is Fear For One's Life Race-Gendered? An Intersectional Analysis Of The Bureau Of Immigration Appeals's In Re A-R-C-G- Decision, Ange-Marie Hancock
When Is Fear For One's Life Race-Gendered? An Intersectional Analysis Of The Bureau Of Immigration Appeals's In Re A-R-C-G- Decision, Ange-Marie Hancock
Fordham Law Review
In August 2014, the U.S. Board of Immigration Appeals (BIA) handed down a breakthrough decision, In re A-R-C-G-, permitting courts to consider domestic violence as a gendered form of persecution in a home country and thus grounds for asylum in the United States. Along with two other 2014 decisions, In re W-G-R- and In re M-E-V-G-, this case represented a marked shift from prior BIA decisions, which for fifteen years had interpreted sections 208(a) and 241(b)(3) of the Immigration and Naturalization Act more narrowly, thus excluding claims of home country abuse as reasonable grounds to grant asylum. Specifically, …
Taking A Stand?: An Initial Assessment Of The Social And Racial Effects Of Recent Innovation In Self-Defense Laws, Mario L. Barnes
Taking A Stand?: An Initial Assessment Of The Social And Racial Effects Of Recent Innovation In Self-Defense Laws, Mario L. Barnes
Fordham Law Review
Perhaps, not surprisingly, the controversy over the rise of self-defense reforms in the United States that have come to be known as ―Stand Your Ground‖ (SYG) laws, began with a story about colors. This Article principally applies an empirical method and critical race theory (eCRT) lens to explore whether these reformed statutes, which generally have authorized greater use of force within the context of self-defense, deter crime and differentially affect Whites, Blacks, and other racial groups.
The Modern Day Scarlet Letter, Ifeoma Ajunwa
The Modern Day Scarlet Letter, Ifeoma Ajunwa
Fordham Law Review
American society has come to presuppose the efficacy of the collateral legal consequences of criminal conviction. But little attention has been paid to their effects on the reintegration efforts of the formerly incarcerated and, in particular, formerly incarcerated women. An 1848 case, Sutton v. McIlhany, affirmed collateral legal consequences as constituting an important part of criminal punishment. More recent cases, such as Turner v. Glickman, in which a class of people convicted of drug crimes were subsequently denied food stamps and other government benefits, have upheld the constitutionality of imposing these legal penalties on an individual even after …
The Politics Of Narrative: Law And The Representation Of Mexican Criminality, Deborah Weissman
The Politics Of Narrative: Law And The Representation Of Mexican Criminality, Deborah Weissman
Fordham International Law Journal
No abstract provided.
Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World
Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World
Fordham Urban Law Journal
The era following September 11, 2001 will be remembered as the golden age of law enforcement, the age of a bold paradigm shift inspired by the great challenges we face. It is instructive first to reflect on the old paradigm: as law enforcement agencies, we moved like swimmers in different lanes, all going the same direction with the same mission, yet also working by and for ourselves. Each criminal justice agency dealt with its own issues, staying—for the most part—in its own lane. Then, 9/11 changed everything. Indeed, it is our turn to be the greatest generation. Just as World …
Operation Blackbeard: Is Government Prioritization Enough To Deter Intellectual Property Criminals?, Lauren E. Abolsky
Operation Blackbeard: Is Government Prioritization Enough To Deter Intellectual Property Criminals?, Lauren E. Abolsky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Econometric Analyses Of U.S. Abortion Policy: A Critical View, Jonathan Klick
Econometric Analyses Of U.S. Abortion Policy: A Critical View, Jonathan Klick
Fordham Urban Law Journal
This article surveys, in non-technical language, various econometric studies on the correlation between changes in access to abortion (whether through legalization, increased public funding, increased safety, etc.) and social phenomena such as sexual activity, crime, and opportunities for women. It argues that many econometrics-based abortion studies are contentious, often yielding varying results depending on the stakes of those commissioning the studies, and often too technical to be useful to policy-makers. As a result of these shortcomings, the author calls for methodological soundness and publication for a more general audience for those social scientists who want to enter the reproductive rights …
Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffrey Fagan, Valerie West, Jan Holland
Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffrey Fagan, Valerie West, Jan Holland
Fordham Urban Law Journal
This Article identifies and estimates the ecological dynamics of increasing spatial and social concentration of incarcerated individuals in urban neighborhoods using data from New York City between 1985 and 1997. It argues that this dynamic becomes self-sustaining and reinforcing over time. In conclusion, the Article discusses how high incarceration rates impact the relationships between citizens and the law, directly affecting residents and influencing policy preferences of non-residents.
Hail, Hail, The Gangs Are All Here: Why New York Should Adopt A Comprehensive Anti-Gang Statute, Bart H. Rubin
Hail, Hail, The Gangs Are All Here: Why New York Should Adopt A Comprehensive Anti-Gang Statute, Bart H. Rubin
Fordham Law Review
No abstract provided.
Filartiga's Firm Footing: International Human Rights And Federal Common Law, Ryan Goodman, Derek P. Jinks
Filartiga's Firm Footing: International Human Rights And Federal Common Law, Ryan Goodman, Derek P. Jinks
Fordham Law Review
No abstract provided.
New Strategies For Combatting Crime In New York City, William J. Bratton
New Strategies For Combatting Crime In New York City, William J. Bratton
Fordham Urban Law Journal
Lecture by the Commissioner of the New York Police Department. Remarks focused on why crime came down in New York City. It traces the history of policing before the 1970s, when police departments began to professionalize and the advent of community policing in the 1990s.
Censorship On The Internet: Do Obscene Or Pornographic Materials Have A Protected Status?, Paula Franzese, J. Robert Flores, Peter D. Kennedy, Robert T. Perry
Censorship On The Internet: Do Obscene Or Pornographic Materials Have A Protected Status?, Paula Franzese, J. Robert Flores, Peter D. Kennedy, Robert T. Perry
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Balancing The Scales: Limiting The Prejudicial Effect Of Evidence Rule 404(B) Through Stipulation, Daniel J. Buzzetta
Balancing The Scales: Limiting The Prejudicial Effect Of Evidence Rule 404(B) Through Stipulation, Daniel J. Buzzetta
Fordham Urban Law Journal
This Note argues that, in a prosecution for a violation of a specific intent criminal statute, the government must accept a defendant’s clear and unambiguous stipulation to possessing the requisite intent for the crime charged. The trial court must ensure that the proffered stipulation is voluntarily given, unambiguous, and comprehensive, so as not to deprive the prosecution from presenting forceful, significant, and probative evidence. Once a defendant offers such an acceptable stipulation, however, the government’s introduction of prior bad acts to prove intent becomes extremely prejudicial, while any probative value the evidence may have is dissipated entirely. Part II of …
Corporate Probation Conditions: Judicial Creativity Or Abuse Of Discretion? , Marjorie H. Levin
Corporate Probation Conditions: Judicial Creativity Or Abuse Of Discretion? , Marjorie H. Levin
Fordham Law Review
No abstract provided.
Criminal Law- Entrapment Defense- Jury Entitled To Disbelieve A Defendant's Unrebutted Test, Alex Calabrese
Criminal Law- Entrapment Defense- Jury Entitled To Disbelieve A Defendant's Unrebutted Test, Alex Calabrese
Fordham Urban Law Journal
Article summarizes United States v. Townsend and argues that a defendant’s wiliness and enthusiasm in carrying out the commission of a crime is irrelevant to the issue of whether the defendant was initially predisposed to commit the offense.
Criminal Law--Rape--Cautionary Instruction In Sex Offense Trial Relating Prosecutrix's Credibility To The Nature Of The Crime Charged Is No Longer Mandatory; Discretionary Use Is Disapproved
Fordham Urban Law Journal
Defendant was convicted of rape, oral copulation, and attempted sodomy in Superior Court, Los Angeles County. The case against him rested predominantly on the testimony of his adult victim, partially corroborated as to identity by a scratch on defendant’s forehead, and further substantiated by defendant’s “if I did it I was drunk” admission to the police. The defendant appealed alleging error by the trial judge for failing to give a mandatory cautionary instruction. The California Supreme Court held that because the defendant was entitled to the cautionary instruction the trial judge had committed error in refusing to give it. Such …
The Juvenile Offender - Where Can We Send Him?
The Juvenile Offender - Where Can We Send Him?
Fordham Urban Law Journal
There is an increased problem in American society regarding juvenile delinquents. Persons less than 16 years of age cannot be adjudicated criminals and nearly 80% of persons convicted of serious crimes a adults were previous convicted of a lesser offense. However, these criminals were only previously considered juvenile delinquents and not adjudicated criminals. Rehabilitation has been the main focus when dealing with juvenile delinquency and juvenile courts have operated under the theory of 'best interests of the child' and 'parens patriae'. Unfortunately, family court hearings used to determine juvenile delinquency now contain the stigma of criminal proceedings rendering the theory …
Crime Victims' Compensation- Title I Of The Proposed Victims Of Crime Act Of 1973: An Analysis
Crime Victims' Compensation- Title I Of The Proposed Victims Of Crime Act Of 1973: An Analysis
Fordham Urban Law Journal
This comment analyzes and explains the major provisions of Title I of the proposed Victims of Crime Act of 1973, proposed federal legislation to compensate victims of criminal acts. The comment discusses the scope of compensation, limitations and requirements for recovery, and procedures for the disposition of claims.
Juvenile Detention: Protection, Prevention Or Punishment?, Elyce Zenoff Ferster, Edith Nash Snethen, Thomas F. Courtless
Juvenile Detention: Protection, Prevention Or Punishment?, Elyce Zenoff Ferster, Edith Nash Snethen, Thomas F. Courtless
Fordham Law Review
No abstract provided.
Book Reviews, Morris Ploscowe
The Complex Of Proof, John Edgar Hoover
Arrests For Public Intoxication, John M. Murtagh
Arrests For Public Intoxication, John M. Murtagh
Fordham Law Review
No abstract provided.