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Articles 1 - 9 of 9

Full-Text Articles in Law

Guns And Drugs, Benjamin Levin Apr 2016

Guns And Drugs, Benjamin Levin

Fordham Law Review

This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, this Article uses as its test case the criminal regulation of gun possession. This Article identifies and distills three lines of drug war criticism and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, this Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social and economic costs of mass …


Procedural Triage, Matthew J.B. Lawrence Oct 2015

Procedural Triage, Matthew J.B. Lawrence

Fordham Law Review

Prior scholarship has assumed that the inherent value of a "day in court" is the same for all claimants, so that when procedural resources (like a jury trial or a hearing) are scarce, they should be rationed the same way for all claimants. That is incorrect. This Article shows that the inherent value of a "day in court" can be far greater for some claimants, such as first-time filers, than for others, such as corporate entities and that it can be both desirable and feasible to take this variation into account in doling out scarce procedural protections. In other words, …


When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber May 2015

When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber

Fordham Law Review

Focusing on criminal law and procedure in particular, this Article seeks to expose various tensions in critical race theorizing and progressive theorizing more broadly, offer some suggestions for a unifying methodology of critical criminal law analysis, and discuss where empirical study might fit into this new program. Progressive (critical race and feminist) theorizing on criminal law is not only subject to the competing frames of critique and formalism, it also exists within an overarching American criminal law culture that can eclipse both concerns over rights violations and structural injustice. The U.S. penal system has become a “peculiar institution” and a …


Answering Justice Scalia's Question: Dual Sovereignty And The Sixth Amendment Right To Counsel After Texas V. Cobb And Montejo V. Louisiana, Ryan M. Yanovich Jan 2009

Answering Justice Scalia's Question: Dual Sovereignty And The Sixth Amendment Right To Counsel After Texas V. Cobb And Montejo V. Louisiana, Ryan M. Yanovich

Fordham Law Review

Since the U.S. Supreme Court decided Texas v. Cobb in 2001, eight courts of appeals have rached divergent conclusions as to the scope and extent of a criminal defendant's Sixth Amendment right to counsel when he is being prosecuted by multiple sovereigns, including, most recently, the U.S. Court of appeals for the Eleventh Circuit in 2008. Invariably, each circuit court purports to draw conclusive support for its holding from the plain language of Cobb. The conflict among the circuits reveals a tension between the courts; desire to balance fundamental individual and legitimate state interests, achieve uniformity and consistency in the …


Clarifying The Curative Admissibility Doctrine: Using The Principles Of Forfeiture And Deterrence To Shape The Relief For An Opponent's Evidentiary Misconduct, Edward J. Imwinkelried Jan 2007

Clarifying The Curative Admissibility Doctrine: Using The Principles Of Forfeiture And Deterrence To Shape The Relief For An Opponent's Evidentiary Misconduct, Edward J. Imwinkelried

Fordham Law Review

No abstract provided.


Rule 35(B) Of The Federal Rules Of Criminal Procedure: Balancing The Interests Underlying Sentence Reduction, B. Carole Hoffman Jan 1983

Rule 35(B) Of The Federal Rules Of Criminal Procedure: Balancing The Interests Underlying Sentence Reduction, B. Carole Hoffman

Fordham Law Review

No abstract provided.


Secrecy In Grand Jury Proceedings: A Proposal For A New Federal Rule Of Criminal Procedure 6(E) Jan 1969

Secrecy In Grand Jury Proceedings: A Proposal For A New Federal Rule Of Criminal Procedure 6(E)

Fordham Law Review

No abstract provided.


Judicial Notice In Federal Criminal Procedure, Lester B. Orfield Jan 1963

Judicial Notice In Federal Criminal Procedure, Lester B. Orfield

Fordham Law Review

No abstract provided.


The Revision Of The New York Code Of Criminal Procedure—A Tentative Draft Of The Chapter On Arrest Jan 1936

The Revision Of The New York Code Of Criminal Procedure—A Tentative Draft Of The Chapter On Arrest

Fordham Law Review

No abstract provided.