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Articles 31 - 49 of 49
Full-Text Articles in Law
Mexican Families & United States Immigration Reform, Bernard Trujillo
Mexican Families & United States Immigration Reform, Bernard Trujillo
Fordham Urban Law Journal
No abstract provided.
Decriminalizing Border Crossings, Victor C. Romero
Decriminalizing Border Crossings, Victor C. Romero
Fordham Urban Law Journal
No abstract provided.
Entering The Mainstream: Making Children Matter In Immigration Law, David B. Thronson
Entering The Mainstream: Making Children Matter In Immigration Law, David B. Thronson
Fordham Urban Law Journal
No abstract provided.
Border Exceptionalism In The Era Of Moving Borders, Jennifer M. Chacon
Border Exceptionalism In The Era Of Moving Borders, Jennifer M. Chacon
Fordham Urban Law Journal
No abstract provided.
Acculturating Forensic Science: What Is ‘Scientific Culture’, And How Can Forensic Science Adopt It?, Simon A. Cole
Acculturating Forensic Science: What Is ‘Scientific Culture’, And How Can Forensic Science Adopt It?, Simon A. Cole
Fordham Urban Law Journal
Part I, describes how the NAS Report characterizes “scientific culture.” I suggest that the described attributes of scientific culture are vague and unspecific, and that more thought is necessary to elucidate how they might map onto forensic science. In Part II, I suggest that the NAS Report’s characterization of “scientific culture” is based on popular accounts of science and “the scientific method.” I suggest that these accounts are incomplete, generally considered obsolete, and not particularly helpful in pointing a way toward reform of forensic science. In Part III, I posit a conception of science as work rather than method. In …
Some Forensic Aspects Of Ballistic Imaging, Daniel L. Cork, Vijayan N. Nair, John E. Rolph
Some Forensic Aspects Of Ballistic Imaging, Daniel L. Cork, Vijayan N. Nair, John E. Rolph
Fordham Urban Law Journal
Analysis of ballistics evidence (spent cartridge casings and bullets) has been a staple of forensic criminal investigation for almost a century. Computer-assisted databases of images of ballistics evidence have been used since the mid-1980s to help search for potential matches between pieces of evidence. In this article, we draw on the 2008 National Research Council Report Ballistic Imaging to assess the state of ballistic imaging technology. In particular, we discuss the feasibility of creating a national reference ballistic imaging database (RBID) from test-fires of all newly manufactured or imported firearms. A national RBID might aid in using crime scene ballistic …
The Nas Report: In Pursuit Of Justice, Geoffrey S. Mearns
The Nas Report: In Pursuit Of Justice, Geoffrey S. Mearns
Fordham Urban Law Journal
This article discusses the NSA report entitled “Strengthening Forensic Science in the United States: A Path Forward.” It argues that law enforcement officials should embrace the recommendations in the NAS report. The Committee identified many of the systemic problems that plague forensic science, and the report identified thirteen specific recommendations to address these systemic problems.
Back To Katz: Reasonable Expectation Of Privacy In The Facebook Age, Haley Plourde-Cole
Back To Katz: Reasonable Expectation Of Privacy In The Facebook Age, Haley Plourde-Cole
Fordham Urban Law Journal
Part I of this Note discusses the evolution of Fourth Amendment jurisprudence in reaction to advancing technology, the Supreme Court and circuit courts’ disposition in dealing with electronic “beeper” tracking (the technology that predated GPS), and the legal doctrine governing the government’s use of cellular phones to conduct surveillance of individuals both retroactively and in real-time. Part II examines the developing split among the federal circuits and state courts over whether GPS surveillance of vehicles constitutes a search, as well as the parallel concerns raised in recent published opinions by magistrate judges as to whether government requests for cell-site information …
Forensic Science: Why No Research?, Paul C. Giannelli
Forensic Science: Why No Research?, Paul C. Giannelli
Fordham Urban Law Journal
The ground-breaking report on forensic science by the National Academy of Sciences—Strengthening Forensic Science in the United States: A Path Forward—raised numerous issues. One dominant theme that runs throughout the Report is the failure of some forensic science disciplines to comport with fundamental scientific principles—in particular, to support claims with empirical research. This essay attempts to answer the “why” question: Why was there a lack of research across so many forensic disciplines? For purposes of discussion, the time frame is divided into an early period and a recent period. The line of demarcation between the two eras is the advent …
Examining The Real Demand For Legal Services, Herbert M. Kritzer
Examining The Real Demand For Legal Services, Herbert M. Kritzer
Fordham Urban Law Journal
Legal needs are real, but can also be virtually open-ended. Studies tell us that 85% of the civil legal needs of low income persons are currently not being met but we have no idea as to what portion of that 85% legal assistance would meaningfully help to resolve those needs, or how the cost of providing that assistance compares to the benefit that would be generated. This article examines extant studies of legal needs, and concludes that there is a need for baseline data to enable us to assess the degree of legal need that takes into account the range …
Introduction: 2008 Aba Section Of Litigation Access To Justice Symposium, Robert L. Rothman
Introduction: 2008 Aba Section Of Litigation Access To Justice Symposium, Robert L. Rothman
Fordham Urban Law Journal
The 2008 ABA Section of Litigation conducted a symposium designed to explore the challenges inherent in creation of a civil right to counsel and to generate critical though, dialogue, and scholarship on the subject.
The Promise And Limits Of Local Human Rights Internationalism, Lesley Wexler
The Promise And Limits Of Local Human Rights Internationalism, Lesley Wexler
Fordham Urban Law Journal
The fourth of a multi-part series of papers that takes a supportive but critical look at the project of bringing international law home. This article focuses on cities as a vital pathway to bring the human rights discussion from the international to the local.
The Tragedy Of Urban Roads: Saving Cities From Choking, Calling On Citizens To Combat Climate Change, Christian Iaione
The Tragedy Of Urban Roads: Saving Cities From Choking, Calling On Citizens To Combat Climate Change, Christian Iaione
Fordham Urban Law Journal
This Article argues that the best response to the tragedy of road congestion has to rely on market-based regulatory techniques and public policies aimed at controlling the demand-side of transportation congestion. Among market-based regulatory techniques, economists seem to favor price-based instruments over quantity-based instruments. This Article argues instead that quantity instruments, such as tradable permits of road usage and real estate development, can better internalize all the externalities that road congestion produces. This Article also advances the idea that quantity instruments are more successful tools in addressing urban congestion for four reasons: (1) they respond better to equity concerns; (2) …
Welcome To Amerizona - Immigrants Out: Assessing Dystopian Dreams And Usable Futures Of Immigration Reform, And Considering Whether Immigration Regionalism Is An Idea Whose Time Has Come, Ketih Aoki, John Shuford
Welcome To Amerizona - Immigrants Out: Assessing Dystopian Dreams And Usable Futures Of Immigration Reform, And Considering Whether Immigration Regionalism Is An Idea Whose Time Has Come, Ketih Aoki, John Shuford
Fordham Urban Law Journal
No abstract provided.
Compassionate Immigration Reform, Steven W. Bender
Compassionate Immigration Reform, Steven W. Bender
Fordham Urban Law Journal
No abstract provided.
Because You're Mine, I Walk The Line: The Trials And Tribulations Of The Family Visa Program, Evelyn H. Cruz
Because You're Mine, I Walk The Line: The Trials And Tribulations Of The Family Visa Program, Evelyn H. Cruz
Fordham Urban Law Journal
No abstract provided.
Attracting The Best And The Brightest: A Critique Of The Current U.S. Immigration System, Chris Gafner, Stephen Yale-Loehr
Attracting The Best And The Brightest: A Critique Of The Current U.S. Immigration System, Chris Gafner, Stephen Yale-Loehr
Fordham Urban Law Journal
No abstract provided.
Whose Fault?—Daubert, The Nas Report, And The Notion Of Error In Forensic Science, D. Michael Risinger
Whose Fault?—Daubert, The Nas Report, And The Notion Of Error In Forensic Science, D. Michael Risinger
Fordham Urban Law Journal
The notion of “error” and “error rates” is central both to the Daubert opinion and to the recent NAS Report on the strengths and weaknesses of forensic science in the United States. I will not be attempting a full-scale examination of the concept of error in this paper, however, I believe there are some observations that can be made that may be helpful in domesticating in helpful ways the notion of error as it might apply to forensic science expertise. I conclude that we should work to improve diagnosticity for old processes, or to invent or adopt new ones with …
“Utterly Ineffective”: Do Courts Have A Role In Improving The Quality Of Forensic Expert Testimony?, Joseph Sanders
“Utterly Ineffective”: Do Courts Have A Role In Improving The Quality Of Forensic Expert Testimony?, Joseph Sanders
Fordham Urban Law Journal
In Part I, I review the NRC’s stated reasons for giving the courts little or no role in improving forensic evidence and argue that these reasons cannot explain the fact that the same courts have played a significant role in policing expertise in civil cases. Why then have courts been so reluctant to exclude forensic expert evidence? I explore this question in Part II. I argue that two deep seated factors: (1) the courts’ contextual approach to know-ledge, and (2) the limited ability of science to provide causal answers about the particular case, limit the courts’ willingness to raise admissibility …