Law Commons^™

Decriminalizing Border Crossings, Victor C. Romero

Fordham Urban Law Journal

No abstract provided.

Immigration Enforcement Versus Employment Law Enforcement: The Case For Integrated Protections In The Immigrant Workplace, Leticia M. Saucedo

Fordham Urban Law Journal

No abstract provided.

Making The Case For Changing U.S. Policy Regarding Highly Skilled Immigrants, Peter H. Schuck, John E. Tyler

Fordham Urban Law Journal

No abstract provided.

Immigration As Urban Policy, Rick Su

Fordham Urban Law Journal

No abstract provided.

Entering The Mainstream: Making Children Matter In Immigration Law, David B. Thronson

Fordham Urban Law Journal

No abstract provided.

Mexican Families & United States Immigration Reform, Bernard Trujillo

Fordham Urban Law Journal

No abstract provided.

Border Exceptionalism In The Era Of Moving Borders, Jennifer M. Chacon

Fordham Urban Law Journal

No abstract provided.

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 …

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 …

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

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 …

Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry

Faculty Scholarship

Despite extensive scholarly, legislative, and judicial attention to privacy, our understanding of privacy and the interests it protects remains inadequate. At the crux of this problem is privacy’s protean nature: it means “so many different things to so many different people” that attempts to articulate just what it is, or why it is important, generally have failed or become unwieldy. As a result, important privacy problems remain unaddressed, often to society’s detriment.

In his newest book, Understanding Privacy, Daniel J. Solove aims to reverse this state of affairs with a pluralistic conception of privacy that recognizes the societal value …

Barriers To Effective Risk Management, Michelle M. Harner

Faculty Scholarship

“As long as the music is playing, you’ve got to get up and dance. We’re still dancing.”**

This now infamous quote by Charles Prince, Citigroup’s former Chief Executive Officer, captures the high-risk, high-reward mentality and overconfidence that permeates much of corporate America. These attributes in turn helped to facilitate a global recession and some of the largest economic losses ever experienced in the financial sector. They also represent certain cognitive biases and cultural norms in corporate boardrooms and management suites that make implementing a meaningful risk culture and thereby mitigating the impact of future economic downturns a challenging proposition.

The …

Stories In Mexico And The United States About The Border: The Rhetoric And The Realities, Gloria Valencia-Weber, Antoinette Sedillo Lopez

Faculty Scholarship

Our goal in this article is to demonstrate how perspective, political agenda, and personal experiences affect how stories about the Mexico-U.S. Border are framed. The framing is shaped by audience and emotional appeal, as well as political agenda. Stories framed and portrayed as personal experiences and stock narratives about a group or country can shape the attitude, experience, and behavior of others. Our discussion will: 1) examine the concept of using word choices and metaphors as devices in storytelling to frame political, economic and social issues, which are meant to evoke certain emotional responses among specific audiences in the immigration …

Prospective Compensation In Lieu Of A Final Injunction In Patent And Copyright Cases, H. Tomas Gomez-Arostegui

Fordham Law Review

In a 2006 decision, eBay Inc. v. MercExchange, L.L.C., the U.S. Supreme Court held that traditional equitable factors apply to injunctions in patent and copyright cases, and therefore the mere fact that a defendant has infringed a patent or a copyright does not necessarily mean a final injunction must issue. In the three years since, lower courts have denied final injunctions more frequently than before and are now struggling with what relief, if any, to give prevailing plaintiffs in lieu of an injunction. Some courts permit plaintiffs to sue again later. But most award prospective relief to plaintiffs¾sometimes a lump-sum …

Supply Chains And Porous Boundaries: The Disaggregation Of Legal Services, Milton C. Regan, Jr., Palmer T. Heenan

Fordham Law Review

No abstract provided.

Listening To Cassandra: The Difficulty Of Recognizing Risks And Taking Action, Carol A. Needham

Fordham Law Review

No abstract provided.

Taking From The Twenty-Fifth Amendment: Lessons In Ensuring Presidential Continuity, Joel K. Goldstein

Fordham Law Review

The Twenty-Fifth Amendment remains the most successful effort to address continuity problems inherent in the original Constitution or which subsequently developed. Lessons from that experience may help reformers act to resolve at least some of the remaining shortcomings. In addition to its provisions, the Twenty-Fifth Amendment represents certain implicit constitutional values that should guide responses to remaining problems. Moreover, it was the product of successful legislative strategies in an area that generally resists such measures. Although all of these principles and lessons do not point in the same direction and some have limited application to the remaining issues, others should …

The Role Of International Human Rights Law In Australian Law, Jim Kennan S.C.

Valparaiso University Law Review

No abstract provided.

The Conscience Of A Prosecutor, David Luban

Valparaiso University Law Review

No abstract provided.