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Articles 6211 - 6240 of 8594
Full-Text Articles in Entire DC Network
Working Outside The Rules: The Undefined Responsibilities Of Federal Prosecutors, Laurie L. Levenson
Working Outside The Rules: The Undefined Responsibilities Of Federal Prosecutors, Laurie L. Levenson
Fordham Urban Law Journal
This Article discusses the undefined responsibilities of federal prosecutors. For purposes of example, the essay focuses primarily on five situations in which federal prosecutors are often expected to operate "outside" of the rules, including: charging and investigative decisions, discovery, plea bargaining, dealing with the press, and sentencing decisions. While there are "rules" in each of these areas, they take a back seat to the discretionary powers prosecutors are expected to exercise wisely when performing their duties. In judging whether there has been an appropriate exercise of those powers, it is not the rules that will govern society's judgment. Rather, the …
Panel Discussion: The Prosecutor's Role In Light Of Expanding Federal Criminal Jurisdiction, Zachary W. Carter, Elizabeth Glazer, Philip B. Heymann, Robert S. Litt
Panel Discussion: The Prosecutor's Role In Light Of Expanding Federal Criminal Jurisdiction, Zachary W. Carter, Elizabeth Glazer, Philip B. Heymann, Robert S. Litt
Fordham Urban Law Journal
Moderator: Honorable Barbar S. Jones. Panelists: Zachary W. Carter, Elizabeth Glazer, Philip B. Heymann, Robert S. Litt, David A. Sklansky.
Panel Discussion: The Federal Prosecutor's Role In The Regulatory Process
Panel Discussion: The Federal Prosecutor's Role In The Regulatory Process
Fordham Urban Law Journal
MODERATOR: CharlesM. Carberry PANELISTS: Honorable John S. Martin, Jr., Robert B. Fiske, Jr., Mary Ellen Krist, Ronald K. Noble, Honorable Jed S. Rakoff, Mary Spearing
Is Sexual Orientation Immutable?: Presenting Scientific Evidence In Litigation To Gain Strict Scrutiny, Dan Brook, Suzanne Goldberg, Kate Diaz
Is Sexual Orientation Immutable?: Presenting Scientific Evidence In Litigation To Gain Strict Scrutiny, Dan Brook, Suzanne Goldberg, Kate Diaz
Fordham Urban Law Journal
The panelists discussed the issue of immutability. Professor Goldberg explored the legal landscape, the use of scientific evidence related to immutability at trial, with a particular focus on Romer v. Evans, and critiqued the use of science-based immutability evidence in litigation. Dr. Brook looked at a number of studies in the etiology of homosexuality, and concluded that the best method of determining immutability scientifically is looking at studies that seek to determine if, and how easily, sexuality can be changed. Finally, Ms. Diaz discussed the political economy of theories of homosexuality, looking at the examples of the political economy and …
Gender Theory And Lesbian, Gay, Bisexual And Transgendered Empowerment, Cynthia R. Kern, Paisley Currah, Dana Turner, Katherine Franke
Gender Theory And Lesbian, Gay, Bisexual And Transgendered Empowerment, Cynthia R. Kern, Paisley Currah, Dana Turner, Katherine Franke
Fordham Urban Law Journal
The panelists discussed the landscape of the law and societal conditions faced by transgendered individuals. They discussed the role of gender, as well as strategic errors in transgendered activism and the unique challenges that transgendered individuals face in the United States. Finally, the Price Waterhouse v. Hopkins decisions was discussed in the context of Title VII protections for transgendered individuals.
Sticks And Stones: The Nexis Between Hate Speech And Violence, Jack Chen, Laura Edidin, Brian Levin, Jack Battaglia
Sticks And Stones: The Nexis Between Hate Speech And Violence, Jack Chen, Laura Edidin, Brian Levin, Jack Battaglia
Fordham Urban Law Journal
The panelists discussed hate speech and how it relates to bias crimes. Examples were given of hate speech experienced by people of LGBT and HIV status. Panelists discussed legislative activity in different states, how hate crime legislation works, Supreme Court speech jurisprudence, and about pending Congressional legislation that sought to include sexual orientation. Finally, the panel focused on hate speech on campuses, including legal developments, responsibility, and remedies.
Name Reporting And Partner Notification Legislation, Catherine Hanssens, Matthew Carmody, Haley Gorenberg, Mildred Pinot
Name Reporting And Partner Notification Legislation, Catherine Hanssens, Matthew Carmody, Haley Gorenberg, Mildred Pinot
Fordham Urban Law Journal
The panelists discussed the issues of names-based HIV reporting and partner notification. The discussion focused on why names reporting became such an important and controversial issue. The Centers for Disease Control and Prevention waged an aggressive campaign in states to institute a national system of HIV test reporting, arguing that it is essential to get a more accurate picture of the epidemic and facilitate individual follow-up. The panelists assessed the pros and cons of this program. Name reporting and partner notification under New York law were also addressed. Finally, the panelists provided discussion on how those contemplating getting tested or …
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 …
A Vocation For Law? American Jewish Lawyers And Their Antecedents, Marc Galanter
A Vocation For Law? American Jewish Lawyers And Their Antecedents, Marc Galanter
Fordham Urban Law Journal
Louis D. Brandeis is the presiding eminence in the story of the encounter of Jewish with the American legal order. In the centuries since Brandeis started practicing law, Jews have flourished exceedingly in both the legal professional mainstream (practitioners, judiciaries, academics) and the public interest sector. Can this extravagant participation in both hemispheres of the world of American lawyering be explained by something unique to the Jewish tradition or experience? This Essay addresses that question by focusing on Brandeis, who manifests in his person both sides of this extraordinary flourishing. Brandeis seems a felicitous path to understanding, not because he …
The Spirit And The Law , Thomas W. Porter, Jr.
The Spirit And The Law , Thomas W. Porter, Jr.
Fordham Urban Law Journal
This Essay asserts that the practice of law is experiencing a spiritual crisis at both the personal and professional level. The Essay seeks to determine the role that the crisis in our paradigms has played in the crisis our personal and institutional lives. Although the crisis in our paradigms are not necessarily responsible for all our problems, our institutions and systems can cause us to be estranged from ourselves and that is what is happening today in the practice of law. We, as a profession, are beginning to see the limitations of our old paradigm, with retributive justice as its …
A Plumber's Guide To Lawyering, Stephen P. Wink
A Plumber's Guide To Lawyering, Stephen P. Wink
Fordham Urban Law Journal
We accept as the natural way that some must lose if others are to win; that some must go hungry, while others eat fully. But, Jesus taught that there is a third way that can arrest the cycle of violence and domination. A way that strikes a chord at the core of beings so that we may fully hear and see the other person we are dealing with. This is what is sometimes called nonviolent resistance. It springs from a conversation with another -- beyond just talking -- but a dialogue of being with another on a one to one …
A Trial Judge's Perspective - Promoting Justice And Fairness While Protecting Privilege, Honorable Marian Blank Horn
A Trial Judge's Perspective - Promoting Justice And Fairness While Protecting Privilege, Honorable Marian Blank Horn
Fordham Urban Law Journal
This Article discusses the topic of privileged communications and ethics in the courtroom. The Article offers the unique perspective of a trial judge and his courtroom interactions with lawyers and witnesses alike. It discusses cases relating to established courtroom privileges, such as marriage, attorney/client and priest/penitent, as well as qualified privileges such as the journalism privilege. Further, it discusses the potential for new or novel privileges, such as the accountant/auditor-client work product privilege and the academic peer review privilege. Finally, the Article lays out suggestions for trial judges for how to best utilize the privilege rules while simultaneously promoting fairness …
Hiv Name Reporting And Partner Notification In New York State, Sonia Bhatnager
Hiv Name Reporting And Partner Notification In New York State, Sonia Bhatnager
Fordham Urban Law Journal
This Article focuses on a 1998 New York law that required physicians and other health officials to report individuals who test positive for HIV, AIDS, or other HIV-related illnesses to the municipal health commissioner. As New York has the highest rate of reported AIDS cases, the Article notes that the state's decision to enact this law could have significant influence on other states. It begins by describing the partner notification system laws in the United States, and then presents arguments for and against partner notification. The Article ultimately argues for a modified version of the New York law. This refined …
More Trees Please: Utilizing Natural Resources In The Urban Environmental Management Of New York City, Vivian D. Encarnacion
More Trees Please: Utilizing Natural Resources In The Urban Environmental Management Of New York City, Vivian D. Encarnacion
Fordham Urban Law Journal
This Article discusses the impact of urban development on trees. It discusses the importance of having trees in urban neighborhoods by increasing property value and highly benefiting the ecological system. It also discusses alternative policies that other cities have implemented to deal with the impact of development on the environment. Finally, the Article proposes various solutions to the problems faced by New York City specifically, arguing that the city should adopt a comprehensive urban forestry program that would asses the current status of the urban forest, evaluate the environmental impact of development, and protect tree and landscaping ordinances.
Recent Market Events And The Foundation For Global Market Crises: Hedge Funds, Leon M. Metzger
Recent Market Events And The Foundation For Global Market Crises: Hedge Funds, Leon M. Metzger
Fordham Journal of Corporate & Financial Law
No abstract provided.
Recent Market Events And The Foundation For Global Market Crises: The Experience Of Republic National Bank, Walter H. Weiner
Recent Market Events And The Foundation For Global Market Crises: The Experience Of Republic National Bank, Walter H. Weiner
Fordham Journal of Corporate & Financial Law
No abstract provided.
Banking Supervision And Government Policy: Intermediation In Today's Financial Markets, Dr. John Kambhu
Banking Supervision And Government Policy: Intermediation In Today's Financial Markets, Dr. John Kambhu
Fordham Journal of Corporate & Financial Law
No abstract provided.
Recent Market Events And The Foundation For Global Market Crises: A Lawyer's Perspective, Philip H. Harris
Recent Market Events And The Foundation For Global Market Crises: A Lawyer's Perspective, Philip H. Harris
Fordham Journal of Corporate & Financial Law
No abstract provided.
Banking Supervision And Government Policy: Capital Standards Regulation, James V. Houpt
Banking Supervision And Government Policy: Capital Standards Regulation, James V. Houpt
Fordham Journal of Corporate & Financial Law
No abstract provided.
Pillars Of Civilization: Attorneys And Arbitration, Robert S. Clemente, Karen Kupersmith
Pillars Of Civilization: Attorneys And Arbitration, Robert S. Clemente, Karen Kupersmith
Fordham Journal of Corporate & Financial Law
No abstract provided.
Stability In World Financial Markets: Introductory Remarks, Alan Rechtschaffen
Stability In World Financial Markets: Introductory Remarks, Alan Rechtschaffen
Fordham Journal of Corporate & Financial Law
No abstract provided.
Take My Arbitrator, Please: Commissioner "Best Interests" Disciplinary Authority In Professional Sports, Jason M. Pollack
Take My Arbitrator, Please: Commissioner "Best Interests" Disciplinary Authority In Professional Sports, Jason M. Pollack
Fordham Law Review
No abstract provided.
From Representing "Clients" To Serving "Recipients": Transforming The Role Of The Iv-D Child Support Enforcement Attorney, Barbara Glesner Fines
From Representing "Clients" To Serving "Recipients": Transforming The Role Of The Iv-D Child Support Enforcement Attorney, Barbara Glesner Fines
Fordham Law Review
No abstract provided.
Re-Conceptualizing The Relationship Between Legal Ethics And Technological Innovation In Legal Practice: From Threat To Opportunity, Richard Zorza
Re-Conceptualizing The Relationship Between Legal Ethics And Technological Innovation In Legal Practice: From Threat To Opportunity, Richard Zorza
Fordham Law Review
No abstract provided.
The Federal Boat Safety Act Of 1971 And Propeller Strike Injuries: An Unexpected Exercise In Federal Preemption, Amy P. Chiang
The Federal Boat Safety Act Of 1971 And Propeller Strike Injuries: An Unexpected Exercise In Federal Preemption, Amy P. Chiang
Fordham Law Review
No abstract provided.
The Next Step In The Evolution Of The Implied Warranty Of Habitability: Applying The Warranty To Condominiums, Christopher S. Brennan
The Next Step In The Evolution Of The Implied Warranty Of Habitability: Applying The Warranty To Condominiums, Christopher S. Brennan
Fordham Law Review
No abstract provided.
"Risky Business": Epa Decision-Making In The Screening Of Biotechnology Products, Nuno M. Santos
"Risky Business": Epa Decision-Making In The Screening Of Biotechnology Products, Nuno M. Santos
Fordham Environmental Law Review
No abstract provided.
Atrocities, Deterrence, And The Limits Of International Justice, David Wippman
Atrocities, Deterrence, And The Limits Of International Justice, David Wippman
Fordham International Law Journal
Unfortunately, the connection between international prosecutions and the actual deterrence of future atrocities is at best a plausible but largely untested assumption. Actual experience with efforts at deterrence is not encouraging. Before placing too much reliance on deterrence as a basis for supporting international criminal prosecutions, especially over possible alternatives such as truth and reconciliation commissions, we ought at least to consider carefully the obstacles to achieving effective deterrence.
The Role Of The Icty In The Development Of International Criminal Adjudication, Ivan Simonovic
The Role Of The Icty In The Development Of International Criminal Adjudication, Ivan Simonovic
Fordham International Law Journal
This Essay examines the specific conditions and motives that led to the establishment of the International Criminal Tribunal for the Former Yugoslavia (‘Tribunal‘ or ‘ICTY‘), its features as both a legal and a political institution, and the role of the ICTY in the development of international criminal adjudication. First, this article discusses the establishment of the ICTY. Second, this article discusses the role of the ICTY as a political and legal institution. Third, this article explores the role of the ICTY in the development of international criminal adjudication. Finally, this article evaluates the results of the ICTY to date.
The Future Of Genocide: A Spectacle For The New Millenium?, David M. Smolin
The Future Of Genocide: A Spectacle For The New Millenium?, David M. Smolin
Fordham International Law Journal
The lines between bearing witness and producing entertainment, between genuine outrage and self-righteous apathy can be initially difficult to discern. Such differences lie in the difficult areas of ethics, religion, and the hidden recesses of the human heart. Nonetheless, over thousands of years various world religions have sought to come to terms with the deepest questions pertaining to intention, action, and ethics, and particularly with the manner in which human beings are trained in ways of life or death. This Essay shall include some specifically Christian theological perspectives on the dilemmas that draw us toward the specter of genocide as …