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Full-Text Articles in Law
The Future Of Emotional Harm, Betsy J. Grey
The Future Of Emotional Harm, Betsy J. Grey
Fordham Law Review
Why should tort law treat claims for emotional harm as a second-class citizen? Judicial skepticism about these claims is long entrenched, justified by an amalgam of perceived problems ranging from proof difficulties for causation and the need to constrain fraudulent claims, to the ubiquity of the injury, and a concern about open-ended liability. To address this jumble of justifications, the law has developed a series of duty limitations to curb the claims and preclude them from reaching the jury for individualized analysis. The limited duty approach to emotional harm is maintained by the latest iteration of the Restatement (Third) of …
The Power And The Process: Instructions And The Civil Jury, Elizabeth G. Thornburg
The Power And The Process: Instructions And The Civil Jury, Elizabeth G. Thornburg
Fordham Law Review
No abstract provided.
Multiple Petty Offenses With Serious Penalties: A Case For The Right To Trial By Jury, Christine E. Pardo
Multiple Petty Offenses With Serious Penalties: A Case For The Right To Trial By Jury, Christine E. Pardo
Fordham Urban Law Journal
This Note outlines the history and development of the petty offense exception and the Supreme Court's jury trial entitlement jurisprudence. In particular, it discusses the fundamental principle of gauging criminal seriousness by the length of a penalty as authorized by statute. This Note sets out the Circuit split and explains why the courts are divided on the aggregation issue. It argues that courts must aggregate maximum penalties for multiple petty offenses charged together to accurately reflect legislative determinations of criminal seriousness. It also criticizes the use of pre-trial sentencing stipulations to circumvent trial by jury when it would otherwise be …
Dispelling The Myths About The "Battered Woman's Defense:" Towards A New Understanding, Michael Dowd
Dispelling The Myths About The "Battered Woman's Defense:" Towards A New Understanding, Michael Dowd
Fordham Urban Law Journal
This essay explores the growth of the use of self-defense by battered women from a historical perspective in order to explain the magnitude of the prejudices these defendants face. The essay suggests that a redefinition of Battered Woman's Syndrome will ease much of the criticism from feminists and eliminate the confusion in the legal profession surrounding the use of self-defense by battered women. The essay also pushes for a redefinition of the concept of "imminence" to encompass the realities of a battered woman's life.
Resolving Inconsistencies In Federal Special Verdicts
Resolving Inconsistencies In Federal Special Verdicts
Fordham Law Review
No abstract provided.
The Impact Of Jencks V. United States And Subsequent Legislation On The Secrecy Of Grand Jury Minutes
Fordham Law Review
No abstract provided.