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Civil Rights Law In Transition: The Forty-Fifth Anniversary Of The New York City Commission On Human Rights Jan 2000

Civil Rights Law In Transition: The Forty-Fifth Anniversary Of The New York City Commission On Human Rights

Fordham Urban Law Journal

This Symposium co-sponsored by the New York City Commission on Human Rights and the Fordham Urban Law Journal includes transcripts of panel discussions on topics at the intersection of law and policy. These topics include mediation, domestic violence, disability law, hate crimes legislation, sexual harassment, and sexual orientation law.


Merciful Damages: Some Remarks On Forgiveness, Mercy And Tort Law, Neal R. Feigenson Jan 2000

Merciful Damages: Some Remarks On Forgiveness, Mercy And Tort Law, Neal R. Feigenson

Fordham Urban Law Journal

This article explores the place of forgiveness and mercy in tort law, describing frequent misgivings about encouraging forgiveness or mercy as part of the substantive or procedural law of torts. Finally, the article suggests a new concept, "merciful damages" which might allow some of the benefits of forgiveness while avoiding or mitigating some common concerns.


When Victims Seek Closure: Forgiveness, Vengeance And The Role Of Government, Susan Bandes Jan 2000

When Victims Seek Closure: Forgiveness, Vengeance And The Role Of Government, Susan Bandes

Fordham Urban Law Journal

This article discusses the role of victims and their families in the sentencing of criminal defendants, including the emotional and ethical components of victims' desires to achieve justice and closure.


Why Did People Stop Committing Crimes? An Essay About Criminology And Ideology, George L. Kelling Jan 2000

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 ...


Forgiveness, Reconciliation And Responding To Evil: A Philosophical Overview, Jeffrie G. Murphy Jan 2000

Forgiveness, Reconciliation And Responding To Evil: A Philosophical Overview, Jeffrie G. Murphy

Fordham Urban Law Journal

A discussion of the nature of forgiveness and its place in the law. This keynote address touches on the nature of forgiveness, dangers of hasty forgiveness, forgiveness as a virtue, forgiveness and Christianity


Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine Jan 2000

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.


Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr. Jan 2000

Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr.

Fordham Urban Law Journal

This article discusses the role of forgiveness in the criminal justice system, and explores related concepts of empathy, restorative justice, and truth and reconciliation.


Protection Of Domestic Violence Victims Under The New York City Human Rights Law's Provisions Prohibiting Discrimination On The Basis Of Disability, Marta B. Varela Jan 2000

Protection Of Domestic Violence Victims Under The New York City Human Rights Law's Provisions Prohibiting Discrimination On The Basis Of Disability, Marta B. Varela

Fordham Urban Law Journal

This Article analyzes the need to create a new protected class of domestic violence victims to shield them from discrimination in employment. The Article examines arguments for and against proposed legislation to revise the human rights law governing disability, section 8-107 of the New York City Administration Code. The Article concludes that this legislation is unnecessary because the law already provides sufficient protection to domestic violence victims without requiring that victims disclose their domestic violence status to their employers.


Risk Reduction In Office Workplace Encounters Between Newly-Disabled Employees And Management Of New York City Companies, Marta B. Varela Jan 2000

Risk Reduction In Office Workplace Encounters Between Newly-Disabled Employees And Management Of New York City Companies, Marta B. Varela

Fordham Urban Law Journal

This Article describes potential pitfalls for employers arising from the ADA protections afforded to employees with no prior record of disability returning to work after medical certification of a disability requiring accommodation. The Article describes Federal laws protecting disabled employees from unnecessary intrusion in their private lives (such as the Americans with Disabilities Act of 1990, the Family Medical Leave Act of 1993, and the Occupation Health and Safety Act of 1970) and sets out the requirements imposed on employers. The Article also describes New York City disability laws enforced by the New York City Commission on Human Rights. Finally ...


Stopping New Yorkers' Stalkers: An Anti-Stalking Law For The Millennium, Demetra M. Pappas Jan 2000

Stopping New Yorkers' Stalkers: An Anti-Stalking Law For The Millennium, Demetra M. Pappas

Fordham Urban Law Journal

This essay concerns itself with some of the legislative responses to stalking in New York and examines some of the specific anti-stalking provisions of the Clinic Access and Anti-Stalking Act of 1999, recently signed by New York Governor George Pataki. The author interviews Senator Michael A.L. Balboni, Assemblyman Scott Stringer, and the Assemblyman's former Legislative Director Rob Hack, who were all heavily involved in getting the legislation passed, offering a unique perspective.


Understanding The Victim: A Guide To Aid In The Prosecution Of Domestic Violence, Jennice Vilhauer Jan 2000

Understanding The Victim: A Guide To Aid In The Prosecution Of Domestic Violence, Jennice Vilhauer

Fordham Urban Law Journal

As one of the most prevalent crimes in the country, domestic violence is one of the most frequently handled cases for prosecutors across the nation. Despite their commonality, however, domestic violence cases can raise the anxiety level of even the most experience prosecutors. There are several causes of such anxiety. First, domestic violence cases are often plagued by evidentiary problems that occur when a victim does not desire prosecution. Second, even in states where mandatory prosecution laws have been enacted, it can still be difficult to successfully prosecute a case when a victim is hostile, uncooperative and acting in direct ...


The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes, Anna M. Taruschio Jan 2000

The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes, Anna M. Taruschio

Fordham Urban Law Journal

The dual principles of promoting the marketplace of ideas and protecting individual autonomy lie at the core of the First Amendment. When the government assumes an affirmative role by opening opportunities for public speech, it places individuals' negative liberties, such as the right not to speak, at risk. This conflict cannot be avoided by analyzing compelled speech outside of the First Amendment; the autonomy promised by the Bill of Rights and repeatedly affirmed by Supreme Court jurisprudence protects the right not to speak. Scholars, jurists, and practitioners therefore should pay close attention to the right not to speak when the ...


Women, Children And Domestic Violence: Current Tensions And Emerging Issues Jan 2000

Women, Children And Domestic Violence: Current Tensions And Emerging Issues

Fordham Urban Law Journal

A symposium in which the conference speakers give a clear and disturbing picture of how we ascribe a kind of omnipotence to mothers vis-a-vis their children. If children are hurt, it is assumed that those at fault must be the mothers, and they are likely to be blamed even when it is the father who strikes the blows, lands the punchers or terrifies the child. Somehow, we imagine they should have been able to snatch the children out of harms way. The answer to this problem ultimately lies in making sure the ways victims of domestic violence think about their ...


The Uccjea: What Is It And How Does It Affect Battered Women In Child-Custody Disputes, Joan Zorza Jan 2000

The Uccjea: What Is It And How Does It Affect Battered Women In Child-Custody Disputes, Joan Zorza

Fordham Urban Law Journal

The Uniform Child-Custody Jurisdiction and Enforcement Act ("UCCJEA") is the revised version The Uniform Child Custody Jurisdiction Act ("UCCJA"), which states are now being asked to adopt immediately in its stead. The UCCJA was the original model act for states to determine when they have jurisdiction to decide a custody case and when they must give full faith and credit to the custody decrees of other states. When the National Conference of Commission on Uniform State Laws ("NCCUSL") wrote the UCCJA in 1968, it sought to correct two major problems of its day: child abductions by family members and jurisdiction ...


Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla Jan 2000

Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla

Fordham Urban Law Journal

This article is a response to Panel on Forgiveness in Criminal Law, and attempts to answer the following questions: Is there room for forgiveness in the criminal courts? If so, how does forgiveness manifest itself there? The article explores this issue in terms of the opportunities for forgiveness provided by "problem-solving" courts.


Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle Jan 2000

Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle

Fordham Urban Law Journal

This article discusses the psychological meaning of forgiveness and its relation to the criminal justice system. Includes a discussion of the four phases of the development progression of forgiveness.


Restorative Justice And The Prosecutor, Frederick W. Gay Jan 2000

Restorative Justice And The Prosecutor, Frederick W. Gay

Fordham Urban Law Journal

A discussion of restorative justice and its relation to prosecutorial discretion. The article gives examples of the restorative alternatives to traditional criminal punishment and argues that such alternatives are an effective means of providing justice.


Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman Jan 2000

Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman

Fordham Urban Law Journal

This essay advocates the role of forgiveness within the criminal justice system, particularly from a prosecutor's perspective, and discusses common impediments to its increased presence and the leadership needed to allow it to develop within the system.


Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine Jan 2000

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 Jan 2000

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 Jan 2000

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.


Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr. Jan 2000

Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr.

Fordham Urban Law Journal

This article discusses the role of forgiveness in the criminal justice system, and explores related concepts of empathy, restorative justice, and truth and reconciliation.


Developments In Housing Law And Reasonable Accommodations For New York City Residents With Disabilities, John P. Herrion Jan 2000

Developments In Housing Law And Reasonable Accommodations For New York City Residents With Disabilities, John P. Herrion

Fordham Urban Law Journal

This Essay examines the New York Human Rights Law, which prohibits discrimination in the sale or rental of a housing accommodation and provides persons with disabilities the right to request and receive reasonable accommodations from their housing providers. The Essay concludes that the recent interpretation of this law by New York City Commission on Human Rights Law is a move toward protecting the rights of persons with disabilities and removing unnecessary discrimination from their lives.


The Fourth Amendment: Relaxing The Rule In Child Abuse Investigations, Jillian Grossman Jan 2000

The Fourth Amendment: Relaxing The Rule In Child Abuse Investigations, Jillian Grossman

Fordham Urban Law Journal

This Note considers the Fourth Amendment concerns raised by strip searches of children in child abuse investigations. The Note first describes the evolution of children's rights and identifies the interests of the child and parents in child abuse investigations. The Note then analyzes the two exceptions under which a nude search of a child's body may be conducted - consent and exigent circumstances, as well as the qualified immunity defense with respect to social workers and police officers. Finally, this Note concludes that a child should possess the authority to consent to a strip search in a child abuse ...


Law And Disorder: Is Effective Law Enforcement Inconsistent With Good Police-Community Relations?, William J. Bratton, Andrew G. Celli, Paul Chevigny, Johnnie L. Cochran Jan 2000

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 ...


Drug Policy Alternatives- A Response From The Bench, John Curtin Jan 2000

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 Jan 2000

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 Jan 2000

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 ...


Forgiveness And The Law, Martha Minow Jan 2000

Forgiveness And The Law, Martha Minow

Fordham Urban Law Journal

A discussion of the role of forgiveness in the law, substituting forgiveness for the law, and whether or not the law can or should pursue higher moral ambitions


Forgiveness In The Civil Law, Jacqueline Nolan-Haley Jan 2000

Forgiveness In The Civil Law, Jacqueline Nolan-Haley

Fordham Urban Law Journal

A discussion of the role of forgiveness in civil law, specifically relating to bankruptcy. Includes an audience question-and-answer session.