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Section 60.41 Of The New York Criminal Procedure Law: The Sexual Assault Reform Act Of 1999 Challenges Molineux And Due Process, Brooks Holland
Section 60.41 Of The New York Criminal Procedure Law: The Sexual Assault Reform Act Of 1999 Challenges Molineux And Due Process, Brooks Holland
Fordham Urban Law Journal
The 1999 Sexual Assault Reform Act of 1999 proposed the addition of section 60.41 to Article 60 of the New York Criminal Procedure Law to allow prosecutors in sexual assault prosecutions to introduce evidence of a defendant's previous commission of any "offense or offenses of sexual assault.., on any matter to which it is relevant, including the defendant's propensity to commit an offense of sexual assault or the credibility of the alleged victim of the sexual assault . ." The author argues that this law would upset a century of New York law under the Molineux rule, which holds that …
The Politics Of Permits: The Unconstitutionality Of The Guiliani Administration's Parade And Rally Permit Application Procedures, Michael L. Landsman
The Politics Of Permits: The Unconstitutionality Of The Guiliani Administration's Parade And Rally Permit Application Procedures, Michael L. Landsman
Fordham Urban Law Journal
This article addresses the unconstitutionality of New York Mayor Rudolph Guiliani’s Administration’s parade and rally permit application procedures, which Judge Leonard B. Sand of the Southern District of New York held to be in violation of the First Amendment on November 16, 1998. The author initially noted the two major factors that won Guiliani the 1993 mayoral election, New Yorker’s belief that he could (1) reduce crime and (2) cool racial tensions, and then “curiously” observed that the groups that faced the greatest bias in their applications were those that applied for parade or rally permits to protest or make …