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Legal Professional Privilege And The Privilege Against Self-Incrimination In Ec Law: Recent Developments And Current Issues, Bo Vesterdorf Jan 2004

Legal Professional Privilege And The Privilege Against Self-Incrimination In Ec Law: Recent Developments And Current Issues, Bo Vesterdorf

Fordham International Law Journal

I will focus my contribution on two distinct limitations on the Commision's investigative rights in competition proceedings: (i)legal professional privilege ; and (ii) the privilege against self-incrimination. My intervention is divided into two sections. The first section describes the evolution of these two privileges and their current scope. The second section focuses on the issues raised by the application of legal professional privilege and the privilege against self-incrimination within the framework of Regulation No. 1/2003.

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Putting The Gun Control Debate In Social Perspective , Erwin Chemerinsky Jan 2004

Putting The Gun Control Debate In Social Perspective , Erwin Chemerinsky

Fordham Law Review

No abstract provided.

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A Tale Of Three Northern Manhattan Communities: Case Studies Of Political Empowerment In The Planning And Developing Process, Richard C. Bass, Cuz Potter Jan 2004

A Tale Of Three Northern Manhattan Communities: Case Studies Of Political Empowerment In The Planning And Developing Process, Richard C. Bass, Cuz Potter

Fordham Urban Law Journal

This article reviews three development proposals in Northern Manhattan communities, how community boards responded to those proposals, and how the responses affected the outcome of each development. The article begins with a broad overview of the history of community boards' role in urban planning in New York City. It finds that boards have become increasingly influential in new development plans, empowering the communities they represent. The Article goes on to analyze three recent proposals in turn (an expansion of Columbia University in Morningside Heights, a residential development in Central Harlem, and a comprehensive rezoning of East Harlem) according to "zoning," …

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Blighting The Way: Urban Renewal, Economic Development, And The Elusive Definition Of Blight, Colin Gordon Jan 2004

Blighting The Way: Urban Renewal, Economic Development, And The Elusive Definition Of Blight, Colin Gordon

Fordham Urban Law Journal

This article examines the way municipalities have used increasingly broad interpretations of "blight" to compete for state tax increment financing (TIFs) for economic development purposes. It traces the definition of blight in the context of state and federal urban redevelopment programs from the nineteenth century through the Progressive Era to the advent of TIF laws in the 1980s and 90s. It goes on to discuss the how the concept of "blight" has shifted from a condition of substandard housing to a condition of "sub-optimal" local economic development, in part due to intense competition among municipalities for TIFs. The article concludes …

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Winter Count: Taking Stock Of Abortion Rights After Casey And Carhart, Caitlin E. Borgmann Jan 2004

Winter Count: Taking Stock Of Abortion Rights After Casey And Carhart, Caitlin E. Borgmann

Fordham Urban Law Journal

This article outlines the current landscape of the constitutional right to abortion established in Roe v. Wade. Analyzing the court's holdings in Planned Parenthood v. Casey and Stenberg v. Carhart, the author details the ways in which recognition of a government interest in potential life at any stage in a pregnancy, as well as the lofty "undue burden" standard in analyzing policies that hinder access to abortion, have eroded this right. Finally, the author stresses the Supreme Court cases' disparate impact on the abortion rights of low-income and rural dwelling women.

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Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reenty Into Criminal Defense Lawyering, Michael Pinard Jan 2004

Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reenty Into Criminal Defense Lawyering, Michael Pinard

Fordham Urban Law Journal

Over the past two decades, public defender offices across the country have broadened the range of defense services provided to indigent clients. These expanded services, some of which involve representing clients on related non-criminal matters such as housing and public benefits, are included in what is now commonly referred to as "holistic representation."' This form of representation strives to encompass the various underlying issues that often lead to clients’ experiences with the criminal justice system, with the aim of addressing those circumstances and preventing future criminal involvement. Holistic representation signals a paradigmatic shift in defense philosophy and ideology and has …

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Euclid Lives? The Uneasy Legacy Of Progressivism In Zoning, Eric R. Claeys Jan 2004

Euclid Lives? The Uneasy Legacy Of Progressivism In Zoning, Eric R. Claeys

Fordham Law Review

No abstract provided.

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Out Of Troubles And Into Rights: Protection For Gays, Lesbians, And Bisexuals In Northern Ireland Through Equality Legislation In The Belfast Agreement, Mckenzie A. Livingston Jan 2004

Out Of Troubles And Into Rights: Protection For Gays, Lesbians, And Bisexuals In Northern Ireland Through Equality Legislation In The Belfast Agreement, Mckenzie A. Livingston

Fordham International Law Journal

No abstract provided.

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Doing Good, Doing Well Symposium, Howard M. Erichson Jan 2004

Doing Good, Doing Well Symposium, Howard M. Erichson

Faculty Scholarship

Rather than focusing on the differences between tort lawyers and activists as they ally with each other, this Article focuses on the motivations and explanations of the tort lawyers themselves. Positioned at the intersection of big-money practice and social change litigation, mass torts provide a useful study in multiple motivations. While financial incentives for plaintiffs' lawyers explain much of what happens in mass torts, policy objectives come into play as well, at least in the lawyers' rhetoric. Despite the obvious difficulty distinguishing reasons from rhetoric and rationalization, it is worth exploring the significance of mixed motives for lawyers who are …

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Is There A First Amendment Defense For Bush V. Gore , Abner S. Greene Jan 2004

Is There A First Amendment Defense For Bush V. Gore , Abner S. Greene

Faculty Scholarship

Could so many well-established scholars be wrong? Is it possible that Bush v. Gore is defensible, after all? The two pillars of the decision-the Equal Protection Clause justification for the merits holding and the "safe harbor" remedial ruling - indeed seem weak. The alternative merits view-that the Florida Supreme Court had engaged in statutory amendment under the guise of statutory interpretation, thus violating Article II of the federal Constitution-runs aground against the plausible (albeit not necessarily correct) readings of the state high court. If one agrees that these merits and remedial arguments are indefensible, then mustn't one agree with the …

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A Well Regulated Right: The Early American Origins Of Gun Control, Saul Cornell, Nathan Dedino Jan 2004

A Well Regulated Right: The Early American Origins Of Gun Control, Saul Cornell, Nathan Dedino

Fordham Law Review

No abstract provided.

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Elites, Identity Politics, Guns, And The Manufacture Of Legal Rights, Calvin Massey Jan 2004

Elites, Identity Politics, Guns, And The Manufacture Of Legal Rights, Calvin Massey

Fordham Law Review

No abstract provided.

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Cook And Ludwig's Principles For Effective Gun Policy: An Extension To Suicide Prevention, Deborah Azrael Jan 2004

Cook And Ludwig's Principles For Effective Gun Policy: An Extension To Suicide Prevention, Deborah Azrael

Fordham Law Review

No abstract provided.

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On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), Bernard E. Harcourt Jan 2004

On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), Bernard E. Harcourt

Fordham Law Review

No abstract provided.

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Teaching Ethics/Doing Justice, Anthony V. Alfieri Jan 2004

Teaching Ethics/Doing Justice, Anthony V. Alfieri

Fordham Law Review

No abstract provided.

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A Duty To Make Reasonable Efforts And A Defense Of The Disparate Impact Doctrine In Employment Discrimination Law, Laya Sleiman Jan 2004

A Duty To Make Reasonable Efforts And A Defense Of The Disparate Impact Doctrine In Employment Discrimination Law, Laya Sleiman

Fordham Law Review

No abstract provided.

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Rule 37 And/Or A New Rule 34.1: Safe Harbors For E-Document Preservation And Sanctions, Thomas Y. Allman, Stephen G. Morrison, Laura Lewis Owens, Anthony Tarricone Jan 2004

Rule 37 And/Or A New Rule 34.1: Safe Harbors For E-Document Preservation And Sanctions, Thomas Y. Allman, Stephen G. Morrison, Laura Lewis Owens, Anthony Tarricone

Fordham Law Review

No abstract provided.

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Panel I: Legal Issues In Sports Security, Richard H. Fallon, Jr., Milton Ahlerich, Norman Siegel, William D. Squires, Paul H. Zoubek, Laura Freedman Dec 2003

Panel I: Legal Issues In Sports Security, Richard H. Fallon, Jr., Milton Ahlerich, Norman Siegel, William D. Squires, Paul H. Zoubek, Laura Freedman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Statutory Limitations On Civil Rights Of People With Criminal Records, Debbie A. Mukamal, Paul N. Samuels Jan 2003

Statutory Limitations On Civil Rights Of People With Criminal Records, Debbie A. Mukamal, Paul N. Samuels

Fordham Urban Law Journal

State and federal statutory restrictions limit the civil rights of individuals with criminal records and create a barrier to reentry into society. The article explores eight specific areas of restriction: (1) ability to obtain employment, (2) eligibility for public housing, (3) eligibility for public assistance and food stamps, (4) eligibility for student loans, (5) access to records for non-criminal justice purposes, (6) voting rights, (7) drivers' licenses privileges, and (8) rights to be foster and adoptive parents. Finally, the article argues that the government has an obligation ensure fairness and opportunities to reenter society for people with such records.

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Just The (Unweildy, Hard To Gether, But Nonetheless Essential) Facts, Ma'am: What We Know And Don't Know About Problem-Solving Courts, Greg Berman, Anne Gulick Jan 2003

Just The (Unweildy, Hard To Gether, But Nonetheless Essential) Facts, Ma'am: What We Know And Don't Know About Problem-Solving Courts, Greg Berman, Anne Gulick

Fordham Urban Law Journal

This article asses what is known and what remains to be understood about problem-solving courts. Specifically, the article asserts that drug courts serve a needy population, court mandated treatment programs have higher retention rates, those who participate longer have better outcomes, those in drug courts had lower rates of recidivism, drug use, and that graduated sanctions have statistically significant impact on offenders behavior, sanctions are crucial to the model's effectiveness, post-program studies are sparse, drug courts are less costly than traditional adjudication, but cost savings for jail and prison beds are less clear. The article also addresses questions that remain …

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Engaging The Debate: Reform Vs. More Of The Same, Kevin B. Zeese Jan 2003

Engaging The Debate: Reform Vs. More Of The Same, Kevin B. Zeese

Fordham Urban Law Journal

This Essay dispels common myths put forward by drug war advocates and describes more effective alternatives available than present policy contemplates. We all want to prevent adolescent drug abuse, protect the health and safety of the community, deny drug profits to terrorists and other criminals, and develop a drug policy that works and is based on our common humanity, as well as on research and reality, rather than myth and rhetoric. The essential paradigm shift that needs to occur is to move away from a policy dominated by law enforcement . . . and toward a policy based on public …

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You Have A Right To Remain Silent, Michael Avery Jan 2003

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 …

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Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin Jan 2003

Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin

Fordham Urban Law Journal

This article reports on research conducted on the Red Hook Community Justice Center in Brooklyn, New York. It theorizes the structure and process of community justice, focusing on the model offered by community courts and examining how the Red Hook Community Justice Center's development and implementation are products of its immersion in the intersection of societal, spatial, and political dynamic within the Red Hook neighborhood. The article begins by reviewing the sociological perspectives that converge in the historical development of "community justice." It continues by setting forth a framework of social regulation and control that shapes the internal workings of …

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The Usa Patriot Act: Civil Liberties, The Media, And Public Opinion, Lisa Finnegan Abdolian, Harold Takooshian Jan 2003

The Usa Patriot Act: Civil Liberties, The Media, And Public Opinion, Lisa Finnegan Abdolian, Harold Takooshian

Fordham Urban Law Journal

This Essay offers an examination of the legal provision of the USA Patriot Act. It then looks at the distinct shift in U.S. media reporting on this legislation over time, and in-depth public opinion findings on people's mixed views of post-9/11 civil liberties. This Essay concludes that media coverage of events is best accompanied by tracking polls, to chart how much and why the U.S. public is coalescing or further dividing on issues of individual liberties during crisis.

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No Guns Or Butter For Thomas Bean: Firearms Disabilities And Their Occupational Consequences, Mark M. Stavsky Jan 2003

No Guns Or Butter For Thomas Bean: Firearms Disabilities And Their Occupational Consequences, Mark M. Stavsky

Fordham Urban Law Journal

Through the case of Thomas Bean, a firearms dealer convicted of a felony and subsequently denied his firearms license and right to possess firearms, this Article discusses the injustice that occurs when the law arbitrarily denies an individual his occupation merely because he is a felon. The Article argues that 18 U.S.C. § 925(c) gives the Bureau of Alcohol, Tobacco, and Firearms the power to review a petition to restore those rights but that Congress has rendered the statute useless by depriving the Bureau of funding to investigate such petitions. Because this denies individuals, like Bean, the ability to reenter …

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Ethical Deception By Prosecutors, Rebecca B. Cross Jan 2003

Ethical Deception By Prosecutors, Rebecca B. Cross

Fordham Urban Law Journal

This Comment discusses the Colorado Supreme Court's suspension of Assistant District Attorney Mark Pautler for deceitful conduct in securing the surrender of an axe murderer on a killing spree. Although many thought Pautler's conduct was morally acceptable, disciplinary authorities found that he violated ethical rules governing attorney conduct. Using People v. Pautler as a case study, this Comment sorts through relevant, current interpretations of the ethnics rule and proposes an approach for future analysis.

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Responding To Terrorism: How Must A Democracy Do It? A Comparison Of Israeli And American Law, Jonathan Grebinar Jan 2003

Responding To Terrorism: How Must A Democracy Do It? A Comparison Of Israeli And American Law, Jonathan Grebinar

Fordham Urban Law Journal

This Comment compares the Israeli and American laws that sanction controversial responses to terrorism. It discusses criticisms of these laws with respect to human rights violations and how, if at all, the two governments strive to preserve their law's effectiveness without violating international standards. Part I of this comment briefly discusses the origins of terrorism and establishes a universal definition for the word. Part II reviews the history of three Israeli responses to terrorism, including 1) administrative detention, 2) torture, and 3) the demolition of houses; and describes how these tactics are criticized domestically as well as internationally. Part II …

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Out Of The "Troubles" And Into Rights: Protection For Gays, Lesbians, And Bisexuals In Northern Ireland Through Equality Legislation In The Belfast Agreement, Mckenzie A. Livingston Jan 2003

Out Of The "Troubles" And Into Rights: Protection For Gays, Lesbians, And Bisexuals In Northern Ireland Through Equality Legislation In The Belfast Agreement, Mckenzie A. Livingston

Fordham International Law Journal

Part I of this Note explores the history of LGB rights in Northern Ireland, focusing on the development of domestic equality legislation stemming from the recent peace process. Part II examines the statutory framework of this legislation, concentrating on what protections and rights it provides for sexual minorities in Northern Ireland. Part II also looks at a recent European Directive prohibiting discrimination against LGB persons in employment. Part III argues that for truly effective change to occur, LGB individuals need both policy-based and rights-based legislation encompassing the human rights principles of equality and non-discrimination. Part III further argues that the …

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Recent New York Appellate Decisions Will Impact Municipal Tort Litigation, John M. Shields Jan 2003

Recent New York Appellate Decisions Will Impact Municipal Tort Litigation, John M. Shields

Fordham Urban Law Journal

This article discusses and summarized the recent decisions by the New York State Court of Appeals and other appellate courts that will alter or greatly impact future tort litigation, especially with regard to municipal liability. The article addresses time limitations for filing claims against the state, the "serious injury" standard under insurance law, the case of Rangolan v. County of Nassau.

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Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin Jan 2003

Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin

Fordham Urban Law Journal

This article reports on research conducted on the Red Hook Community Justice Center in Brooklyn, New York. It theorizes the structure and process of community justice, focusing on the model offered by community courts and examining how the Red Hook Community Justice Center's development and implementation are products of its immersion in the intersection of societal, spatial, and political dynamic within the Red Hook neighborhood. The article begins by reviewing the sociological perspectives that converge in the historical development of "community justice." It continues by setting forth a framework of social regulation and control that shapes the internal workings of …

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