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Full-Text Articles in Law
You Have A Right To Remain Silent, Michael Avery
You Have A Right To Remain Silent, Michael Avery
Fordham Urban Law Journal
The Supreme Court will decide in the October 2002 term whether there is a cause of action under 42 U.S.C. Section 1983 based on a coercive police interrogation of a suspect in custody who has not been given Miranda warnings. The Supreme Court cannot decide that there is no cause of action under section 1983 for damages caused by coercive interrogation practices without turning its back on a large body of its own jurisprudence and on the deeply rooted cultural and political expectations of American citizens who trust that they have a meaningfu lconstitutionally protected right to remain silent when …
Due Process And Problem Solving Courts, Eric Lane
Due Process And Problem Solving Courts, Eric Lane
Fordham Urban Law Journal
This article addresses the model of the problem-solving courts, beginning with the 1989 Dade County, Florida drug court and the role of the pro-active problem solving judge as presented by Judge Lederman of the Dade County drug court. The article reviews the role of the pro-active problem-solving judge in light of the defendants due process rights. After reviewing several case studies, transcripts, and literature on the issue, the article concludes that problem-solving judging and lawyering need not be in conflict with due process standards.
Does A Marriage Really Need Sex?: A Critical Analysis Of The Gender Restriction On Marriage, Randi E. Frankle
Does A Marriage Really Need Sex?: A Critical Analysis Of The Gender Restriction On Marriage, Randi E. Frankle
Fordham Urban Law Journal
This Note discusses the issues surrounding intersex persons and the right to marry. The Comment first discusses the constitutional protection of the right to marry, intersex conditions, and case law regarding intersex, transsexual, and same-sex marriage. It further addresses the consequences for marriage when it is narrowly defined. Further, the Comment proposes an alternative solution to the one many courts have used. This solution allows an intersex person to self-designate her gender and be able to marry either a man or a woman. Finally, this Comment argues that if an intersex person can marry either a man or a woman, …
Due Process And Problem Solving Courts, Eric Lane
Due Process And Problem Solving Courts, Eric Lane
Fordham Urban Law Journal
This article addresses the model of the problem-solving courts, beginning with the 1989 Dade County, Florida drug court and the role of the pro-active problem solving judge as presented by Judge Lederman of the Dade County drug court. The article reviews the role of the pro-active problem-solving judge in light of the defendants due process rights. After reviewing several case studies, transcripts, and literature on the issue, the article concludes that problem-solving judging and lawyering need not be in conflict with due process standards.