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Curing America's Addiction To Prisons, David C. Leven Jan 1993

Curing America's Addiction To Prisons, David C. Leven

Fordham Urban Law Journal

Our prisons have failed society because they do not, generally, provide an experience that is likely to help offenders overcome the obstacles that led them to make mistakes for which they are now being punished. Instead, they reinforce the violence and exploitation that many offenders were sentenced to prison for in the first place. They have failed because they do not promote restoration, a key to successful reintegration, and nobody benefits when offenders are more dangerous when they are released than when they entered prison. This Essay proposes that a restorative model of justice replace our failed punitive model. By …

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The High Cost Of Juvenile Justice, Diane Ridley Gatewood Jan 1993

The High Cost Of Juvenile Justice, Diane Ridley Gatewood

Fordham Urban Law Journal

This Essay will discuss the high cost of incarcerating substantial numbers of minority juveniles and will advocate alternatives to detention. The author discusses how minority youth are disproportionately affected at multiple stages of the criminal justice process: arrests, detentions, adjudication, and disposition. The Essay further discusses the increased use of the prison system for juveniles. The Essay concludes with several recommendations for how minority youth can be treated more fairly within the system and recommends alternatives to incarceration.

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Targeting Conduct: A Constitutional Method Of Penalizing Hate Crimes, Kevin N. Ainsworth Jan 1993

Targeting Conduct: A Constitutional Method Of Penalizing Hate Crimes, Kevin N. Ainsworth

Fordham Urban Law Journal

Forty-three states have enacted hate-crime statutes. These laws generally fall into one of two classes, either hate-speech or penalty-enhancement statutes. The former has sought to control virulent expression by punishing the utterance or display of words or symbols that the user knows will arouse anger in others on the basis of race, color, religion, gender, or some other immutable characteristic. The United States Supreme Court examined an ordinance of this type in R.A.V. v. City of St. Paul and found that the law infringed on the First Amendment right to free speech. Penalty enhancement statutes vary slightly among states, but …

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Report On The Debate Over Whether There Should Be An Exception To Confidentiality For Rectifying A Crime Or Fraud, Maria Helen Bainor, Nancy Batterman Jan 1993

Report On The Debate Over Whether There Should Be An Exception To Confidentiality For Rectifying A Crime Or Fraud, Maria Helen Bainor, Nancy Batterman

Fordham Urban Law Journal

The Model Rules of Professional Conduct fail to provide lawyers with adequate guidance for dealing with situations in which a client has used the lawyer's services to perpetuate a fraud. He Model Rules do not discuss confidentiality in cases of client-committed fraud at all, and the provided exceptions to the confidentiality requirement do little to help attorney's deal with past frauds committed by a client with the unwitting aid of the attorney. The Model Rules should be amended to authorize disclosure of client confidences to rectify a crime or fraud when the lawyer's services have been used in the commission …

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Ethical Issues Arising When A Lawyer Leaves A Firm: Restrictions On Practice, Daniel J. Capra, Richard Friedman, Arthur Handler, Diana Parker Jan 1993

Ethical Issues Arising When A Lawyer Leaves A Firm: Restrictions On Practice, Daniel J. Capra, Richard Friedman, Arthur Handler, Diana Parker

Fordham Urban Law Journal

Restriction on covenants not to compete have been a long-time feature of legal practice. Rules prohibiting law firms from restricting lawyers' ability to practice or imposing penalties on lawyers that leave a firm attempt to balance the law firm's interest in survival in a competitive market with the countervailing interests of attorney mobility, and protecting clients' choice of counsel. Restrictions on covenants not to compete should be vigorously enforced, and the exception that allows for the forfeiture of retirement benefits by attorneys that choose to leave a firm should be narrowly applied to only those funds to which the departing …

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State Of New York Temporary State Commission On Local Government Ethics Final Report Jan 1993

State Of New York Temporary State Commission On Local Government Ethics Final Report

Fordham Urban Law Journal

The New York Temporary State Commission on Local Government Ethics was constituted in 1987 in response to several ethics scandals in New York City government. The commission was tasked primarily with aiding local governments in evaluating and revising their own ethics standards, and with proposing new municipal ethics legislation for the State of New York. The commission's proposal for local ethics reform rested on the propositions that most local officials are honest and ethical; that local governments are heavily dependent on volunteers; that local government ethics must be enforced at the local level; that ethics rules must be reasonable, sensible, …

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The Political Economy Of Female Violent Street Crime, Deborah Baskin, Ira Sommers, Jeffrey Fagan Jan 1993

The Political Economy Of Female Violent Street Crime, Deborah Baskin, Ira Sommers, Jeffrey Fagan

Fordham Urban Law Journal

Our research has led us to the conclusion that women in New York City are becoming more and more likely to involve themselves in violent street crimes. This essay analyzes the developing role of women in violent street crime and poses a model, based on both historical analysis and empirical research, to explain the participation of women in violent street crimes in the 1980s.

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The Urban Criminal Justice System Can Be Fair, Charles J. Hynes Jan 1993

The Urban Criminal Justice System Can Be Fair, Charles J. Hynes

Fordham Urban Law Journal

This essay contains perspectives on fairness in the criminal justice system. It is written by a prosecutor with experience in an urban setting. He touches on topics such as racism, jury selection, the Rodney King case, the Howard Beach Case.

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What Is A "Fair" Reponse To Juvenile Crime?, Susan K. Knipps Jan 1993

What Is A "Fair" Reponse To Juvenile Crime?, Susan K. Knipps

Fordham Urban Law Journal

The question of how to deal fairly and effectively with the problem of juvenile crime has long perplexed the public and policy makers. The current juvenile justice system in New York State reflects this uncertainty -- as it simultaneously employs two completely different models for the adjudication of juveniles accused of unlawful acts. The first model emphasizes the provision of rehabilitative services for delinquent youth through noncriminal proceedings in the Family Court. The second model stresses the use of punitive sanctions in the adult criminal courts for more serious juvenile offenders. To begin to sort through these models, this Essay …

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Jails And Prisons -- Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan Jan 1993

Jails And Prisons -- Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan

Fordham Urban Law Journal

The resurgence of tuberculosis (TB) in urban areas has direct and alarming consequences within the criminal justice system. Lock-up facilities, jails and prisons are TB breeding grounds. TB strikes with vengeance in populations with physical vulnerabilities caused by alcoholism, drug addiction, malnutrition, and HIV/AIDS and other immune-suppressing conditions. This Essay argues that it is time for New York State to reevaluate the mandatory sentencing laws and restrictions on plea bargaining. The interaction of HIV disease and TB offers a striking example of why justice is not served by binding the judiciary's hands. This Essay provides a medical overview of HIV …

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Urban Criminal Justice: Has The Response To The Hiv Epidemic Been "Fair"?, Richard J. Andrias Jan 1993

Urban Criminal Justice: Has The Response To The Hiv Epidemic Been "Fair"?, Richard J. Andrias

Fordham Urban Law Journal

The HIV epidemic is almost a decade old and it is estimated that one million to two million Americans are infected. Nevertheless, too often it has been irrational fears of contagion and disapproval of the subcultures associated with the illness that have driven society's response to the epidemic. Has the legal community, which prides itself on being governed by due process and rationality, reacted any differently than society at large? To what degree have legal decisions and policies been governed by fear, prejudice, and ignorance rather than by science and sound public policy? This Essay will explore the response of …

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A Moral Standard For The Prosecutor's Exercise Of The Charging Discretion, Bennett L. Gershman Jan 1993

A Moral Standard For The Prosecutor's Exercise Of The Charging Discretion, Bennett L. Gershman

Fordham Urban Law Journal

The prosecutor's decision to institute criminal charges is the broadest and least regulated power in American criminal law. The judicial deference shown to prosecutors generally is most noticeable with respect to the charging function. This Essay discusses three hypothetical cases that present both realistic and recurring challenges to the prosecutor's charging power. The first case depends on a factual determination of a witness's reliability. The second case depends on a factual determination of the witness's truthfulness. The third case revolves around a legal determination regarding the applicability of a defense. Together, these cases provide a setting in which a moral …

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Should Judges Consider The Demographics Of The Jury Pool In Deciding Change Of Venue Application?, Peter M. Kougasian Jan 1993

Should Judges Consider The Demographics Of The Jury Pool In Deciding Change Of Venue Application?, Peter M. Kougasian

Fordham Urban Law Journal

This Essay considers the narrow question of whether, in changing venue, a court ought in principle to consider the demographic diversity of the venue. Deciding this issue require consideration of two preliminary questions: what is an impartial jury? And what role, if any, does racial diversity play in empaneling an impartial jury? The Rodney King trial raises questions about the dynamics of the jury panel, rather than the qualifications of individual jurors. After the Rodney King verdict, the Court's reasoning in the Batson line of cases seems naive for two reasons. First, the Court's faith in the ability of voire …

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The Big Black Man Syndrome: The Rodney King Trial And The Use Of Racial Stereotyes In The Courtroom, Lawrence Vogelman Jan 1993

The Big Black Man Syndrome: The Rodney King Trial And The Use Of Racial Stereotyes In The Courtroom, Lawrence Vogelman

Fordham Urban Law Journal

Rodney King was portrayed as the prototypical "Big Black Man". Having recognized the existence of the Big Black Man Syndrome as a factor in the Rodney King Case, what are the moral and ethical implications of allowing defense counsel to so cleverly play upon the racial fears they evidently recognized? The issue is whether the use of racist arguments by defense counsel in a criminal trial is unethical. This essay explores the ethical consideration that come into play where a trial advocate is faced with a case where racism, homophobia, or ethnic prejudice is part of the courtroom dynamic.

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The Urban Crimnal Justice System: A Case Of Fairness, John F. Keenan Jan 1993

The Urban Crimnal Justice System: A Case Of Fairness, John F. Keenan

Fordham Urban Law Journal

This short essay contains the presiding judges recollections of the case People v. Robles as a way to discuss public perception of fairness in the criminal justice system.

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Urban Criminal Justice: No Fairer Than The Larger Society, Joanne Page Jan 1993

Urban Criminal Justice: No Fairer Than The Larger Society, Joanne Page

Fordham Urban Law Journal

This Essay reflects the author's personal perspective on the fairness of the criminal justice system. She argues that the key to assessing the fairness of the system is to examine it, not in isolation, but within a larger social context. The criminal justice system is part of the larger society, shares its values and is shaped by its allocation of resources. The criminal justice system is consistent with the values of that larger society: It treats the lives of poor people and people of color as being of inferior worth, skewing its intervention toward control and punishment rather than toward …

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Appellate Advocacy: Some Reflections From The Bench, Lawrence W. Pierce Jan 1993

Appellate Advocacy: Some Reflections From The Bench, Lawrence W. Pierce

Fordham Law Review

In this Essay, Judge Pierce explores historical and modern attributes of appellate advocacy and provides insightful guidance on some relevant considerations for effective advocacy on the appellate level Judge Pierce discusses methods which advocates may utilize to improve their proficiency at brief writing and oral argument but also cautions advocates that the appellate process begins at the trial level in preserving issues for appeal Judge Pierce also reflects upon his experiences in over 21 years on the federal bench when examining some of the strategic, practical and ethical considerations, as well as persuasive methods, for successful appellate advocacy.

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New Technology, Old Problem: Determining First Amendment Status Of Electronic Information Services, Phillip H. Miller Jan 1993

New Technology, Old Problem: Determining First Amendment Status Of Electronic Information Services, Phillip H. Miller

Fordham Law Review

No abstract provided.

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Can 10b-5 For The Banks--The Effect Of An Antifraud Rule On The Regulation Of Banks, Michael P. Malloy Jan 1993

Can 10b-5 For The Banks--The Effect Of An Antifraud Rule On The Regulation Of Banks, Michael P. Malloy

Fordham Law Review

In this Article, Professor Malloy explores the effects of the federal securities antifraud rule on the regulation of banks. In particular, he focuses on the changes in regulation of commercial bank trust department activities that followed the revelations in Texas Gulf Sulphur of alleged tipping between the commercial and trust departments of a major New York bank He also argues that federal bank regulatory policy has now turned away from disclosure-oriented regulation in favor of capital supervision, and that this may be a mistaken approach to the regulation of banking.

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An Implied Right Of Contribution Under Rule 10b-5: An Essential Element Of Attaining The Goals Of The Securities Exchange Act Of 1934, Mary Ellen P. Dooley Jan 1993

An Implied Right Of Contribution Under Rule 10b-5: An Essential Element Of Attaining The Goals Of The Securities Exchange Act Of 1934, Mary Ellen P. Dooley

Fordham Law Review

No abstract provided.

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An Analysis Of The Phase-Out Provisions Of The Airport Noise And Capacity Act Of 1990, Vicky Tsilas Jan 1993

An Analysis Of The Phase-Out Provisions Of The Airport Noise And Capacity Act Of 1990, Vicky Tsilas

Fordham Environmental Law Review

No abstract provided.

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Examining The Nuisance Exception To The Takings Clause: Is There Life For Environmental Regulations After Lucas, Todd D. Brody Jan 1993

Examining The Nuisance Exception To The Takings Clause: Is There Life For Environmental Regulations After Lucas, Todd D. Brody

Fordham Environmental Law Review

No abstract provided.

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"Controlling" The Shifting Sands: Minority Shareholdings Under Eec Competition Law, Barry E. Hawk, Henry L. Huser Jan 1993

"Controlling" The Shifting Sands: Minority Shareholdings Under Eec Competition Law, Barry E. Hawk, Henry L. Huser

Fordham International Law Journal

Significant shifts have occurred during the past three years in the control thresholds that determine whether an acquisition of a minority shareholding will be subject to one or more EEC competition laws. The scope and effects of these shifts are neither clear nor necessarily consistent. The Commission appears on the one hand to have expanded the Merger Regulation's concept of decisive influence to reach a variety of minority shareholdings previously falling within the Philip Morris influence standard, while on the other hand to have expanded the Philip Morris influence standard to reach not only transactions previously thought to be passive …

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Hedging European Integration: The Maastricht Judgment Of The Federal Constitutional Court Of Germany, Karl M. Meessen Jan 1993

Hedging European Integration: The Maastricht Judgment Of The Federal Constitutional Court Of Germany, Karl M. Meessen

Fordham International Law Journal

This Essay will report, analyze, and criticize the eighty-five page opinion of the Constitutional Court. Notwithstanding any criticism, the judgment is certain to have an impact on the European Union as it emerges from the Maastricht Treaty. The concluding section will assess that impact. By way of introduction, the following section will give a survey of earlier opinions rendered by the Constitutional Court on issues relating to European integration.

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Paul O'Mahony, Crime And Punishment In Ireland, Donal E.J. Mac Namara Jan 1993

Paul O'Mahony, Crime And Punishment In Ireland, Donal E.J. Mac Namara

Fordham International Law Journal

Only within the last decade, however, have courses in comparative justice systems proliferated, usually in schools or departments of criminology, criminal justice, police and/or corrections administration, and more frequently in graduate than undergraduate programs. Several factors contribute to the lack of interest in comparative criminology. First, the United States has had a long history of isolationism. A second area of difficulty arises from the paucity of readily available source materials available to professors and students. English on the criminal justice systems of non-English speaking nations are much more limited and of widely varying quality. Courses on comparative criminal justice, offered …

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The Principle Of Subsidiarity And The Environment In The European Union: Keeping The Balance Of Federalism, Koen Lenaerts Jan 1993

The Principle Of Subsidiarity And The Environment In The European Union: Keeping The Balance Of Federalism, Koen Lenaerts

Fordham International Law Journal

Part I of this Article traces the emergence of the principle of subsidiarity in the Community legal order, with some special reference to the environment. Part II analyzes the three paragraphs of Article 3b, again with particular emphasis on the environment. This Article concludes that “subsidiarity” will not stand in the way of the further development of Community environmental policy along the lines that it has been following so far.

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The Unification Of Germany: What Would Jhering Say?, Joseph M. Mclaughlin Jan 1993

The Unification Of Germany: What Would Jhering Say?, Joseph M. Mclaughlin

Fordham International Law Journal

Two of Jhering's ideas are crucial to understanding the problems besetting the merger of East and West Germany. They are (a) the centrality of the notion of private property as the foundation, not only of property rights, but of personal rights as well; and (b) his notion of rechtsgefühl, translated clumsily as a feeling of legal right, but implying the pain and irritation a person feels when he has been put upon. [FN8] It is my thesis that a fundamental difference between the way these two concepts are viewed in the former East and West Germanies is a sword in …

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Competition For Corporate Charters And The Lesson Of Takeover Statutes, Roberta Romano Jan 1993

Competition For Corporate Charters And The Lesson Of Takeover Statutes, Roberta Romano

Fordham Law Review

In this Essay, Professor Romano considers the efficacy of competition among states for tax revenues generated by corporate charters. To this end, she focuses on how state takeover regulation-regulation which tends to benefit management rather than shareholders--affects this competition. She argues that federalism provides a safety net which protects investor interests and reduces the likelihood of self-serving management decisions. Professor Romano concludes that the current state-based system of incorporation is preferable to a national regime.

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Justices Harlan And Black Revisited: The Emerging Dispute Between Justice O'Connor And Justice Scalia Over Unenumerated Fundamental Rights, David B. Anders Jan 1993

Justices Harlan And Black Revisited: The Emerging Dispute Between Justice O'Connor And Justice Scalia Over Unenumerated Fundamental Rights, David B. Anders

Fordham Law Review

No abstract provided.

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Perspectives On Disclosing Rape Victims' Names, Deborah W. Denno Jan 1993

Perspectives On Disclosing Rape Victims' Names, Deborah W. Denno

Fordham Law Review

In this Essay, Professor Denno examines the century-long conflict between an individual's right to privacy and the freedom of the press in the context of the media's disclosure of rape victims' names. Part I briefly reviews the United States Supreme Court's primary rulings on this topic, explaining that the Court has generally protected the freedom of the press under the First Amendment Part I emphasizes, however, that the Court has left available an opportunity for a con- trary interpretation under certain circumstances in Florida Star v. BJ.F., the Court's last ruling concerning the disclosure of rape victims' names. Part I1 …

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