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Specialized Courts: Not A Cure-All, Phylis Skloot Bamberger Jan 2003

Specialized Courts: Not A Cure-All, Phylis Skloot Bamberger

Fordham Urban Law Journal

This article argues that while specialized courts, such as drug courts, dealing with defendants charged with crimes are of critical importance, sole or primary reliance on specialized courts are not sufficient. Instead, centralized resources should be available as necessary to all courts in a county or city in which alternatives to incarceration are possible, although not automatic because not all defendants are serviced by specialized court.

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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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Specialized Courts: Not A Cure-All, Phylis Skloot Bamberger Jan 2003

Specialized Courts: Not A Cure-All, Phylis Skloot Bamberger

Fordham Urban Law Journal

This article argues that while specialized courts, such as drug courts, dealing with defendants charged with crimes are of critical importance, sole or primary reliance on specialized courts are not sufficient. Instead, centralized resources should be available as necessary to all courts in a county or city in which alternatives to incarceration are possible, although not automatic because not all defendants are serviced by specialized court.

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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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Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffrey Fagan, Valerie West, Jan Holland Jan 2003

Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffrey Fagan, Valerie West, Jan Holland

Fordham Urban Law Journal

This Article identifies and estimates the ecological dynamics of increasing spatial and social concentration of incarcerated individuals in urban neighborhoods using data from New York City between 1985 and 1997. It argues that this dynamic becomes self-sustaining and reinforcing over time. In conclusion, the Article discusses how high incarceration rates impact the relationships between citizens and the law, directly affecting residents and influencing policy preferences of non-residents.

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Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner Jan 2003

Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner

Fordham Urban Law Journal

This article addresses civil commitment of sexually predatory offenders. It first outlines the most common American approaches to controlling sexual offenders, then details the German concept of Sicherungsverwahrung and greater state control, and finally proposes adopting a modified German approach that assures proportionality and public safety without sacrificing individual liberties. The article concludes by arguing that criminal penalties and safety-based detention should both be seen as elements of social control, which requires that safety measures with clearly punitive components be recognized as part of the punishment process.

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Are Collateral Sanctions Premised On Conduct Or Conviction?: The Case Of Abortion Doctors, Gabriel J. Chin Jan 2003

Are Collateral Sanctions Premised On Conduct Or Conviction?: The Case Of Abortion Doctors, Gabriel J. Chin

Fordham Urban Law Journal

Traditionally, collateral sanctions are viewed as civil measures designed to prevent undue risk by proven lawbreakers. If a collateral sanction were a criminal penalty instead, that would trigger constitutional provisions like the Ex Post Facto Clause, which would mean the sanction could not be imposed retroactively. This Article argues that collateral sanctions based on conduct and not conviction indicate a civil regulatory measure, but that when the sanctions only apply in the event of conviction, the sanction looks more like punishment. Conviction is not the only way to show risky conduct, and it is the conduct that civil sanctions should …

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A Second Take: Re-Examining Our Regulatory Takings Jurisprudence Post-Tahoe, Robert W. Diubaldo Jan 2003

A Second Take: Re-Examining Our Regulatory Takings Jurisprudence Post-Tahoe, Robert W. Diubaldo

Fordham Urban Law Journal

This Note discusses the aftermath of the landmark case, Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agencey. This Comment first discusses the background of regulatory takings jurisprudence, from Justice Holmes' landmark Pennsylvania Coal opinion to the present. It further analyzes the recent Tahoe decision, focusing on both the strengths and weaknesses of the decision and its potential impact on the future of takings. Finally, the Comment offers a different analytical framework from which to analyze regulatory takings. Under this theory, courts would abandon the partial/total distinction, and instead focus on the actual loss from the landowner's point of view. …

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An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson Jan 2003

An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson

Fordham Urban Law Journal

Drug abuse and addiction, and the government's response to these problems, are frequently and appropriately a topic for public debate. Law enforcement has made significant advances in both reducing the number of people using illegal drugs and in the fight against traffickers. Legalization of illegal drugs would not elinate the black market or eliminate drug-related violence. The facts on the issue make a strong case for a national policy geared toward effective drug abuse education and prevention, and treatment for people dependent on illegal drugs. Our nation should also continue to conduct research to determine the most effective means of …

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Report Of The Task Force On The Use Of Criminal Sanctions To The King County Bar Association Board Of Trustees Jan 2003

Report Of The Task Force On The Use Of Criminal Sanctions To The King County Bar Association Board Of Trustees

Fordham Urban Law Journal

The King County formed the Task Force on the Use of Criminal Sanctions as part of the King County Bar Association's Drug Policy Project to examine current criminal sanctions related to the non-medical use of drugs both in Washington and on the federal level. The founders charged the Task Force with the goal of assessing the effectiveness of criminal sanctions in reducing both illegal drug use and drug-related crime, and assessing the public costs associated with the use of criminal sanctions. The Task Force drew specific conclusions regarding the state response to drug use and the provision of drug addiction …

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Crime, Gun Control, And The Batf: The Political Economy Of Law Enforcement, Jim F. Couch, Wiliam F. Shughart Ii Jan 2003

Crime, Gun Control, And The Batf: The Political Economy Of Law Enforcement, Jim F. Couch, Wiliam F. Shughart Ii

Fordham Urban Law Journal

The Bureau of Alcohol, Tobacco and Firearms ("BATF"), an agency of the United States Treasury Department, has wide-ranging law enforcement responsibilities, which include the investigation of crimes involving guns, explosives, and illicit drugs. Its execution of these duties has been the subject of considerable controversy. This Study reports evidence that the law enforcement activities of the BAFT are influenced by both public-spirited and bureaucratic motives. The evidence presented in this Study contributes to a rethinking of the public-interest paradigm.

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The Failure Of Local And Federal Prosecutors To Curb Police Brutality, Asit S. Panwala Jan 2003

The Failure Of Local And Federal Prosecutors To Curb Police Brutality, Asit S. Panwala

Fordham Urban Law Journal

Although police departments across the country have attempted to ameliorate the hostility between police officers and the cumminity, through careful screening of applicants, minority recruitment, and community policing, police brutality remains a problem within our urban cities. This Essay will first argue that police brutality is largely ignored. Second, it will examine the obstacles facing local and federal prosecutors in obtaining convictions. Then it will compare the advantages and disadvantages of delegating primary responsibility for these cases to the state versus the federal level. Finally, it will argue that, although there are obstacles and advantages for both local and federal …

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International Insolvency And Environmental Obligations: A Preclude To Resolving The Conflicting Policies Of A Clean Slate Versus A Clean Site In Transnational Bankruptcies, David Neiman Jan 2003

International Insolvency And Environmental Obligations: A Preclude To Resolving The Conflicting Policies Of A Clean Slate Versus A Clean Site In Transnational Bankruptcies, David Neiman

Fordham Journal of Corporate & Financial Law

No abstract provided.

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International Money Laundering Abatement And Anti-Terrorist Financing Act Of 2001: Congress Wears A Blindfold While Giving Money Laundering Legislation A Facelift, George A. Lyden Jan 2003

International Money Laundering Abatement And Anti-Terrorist Financing Act Of 2001: Congress Wears A Blindfold While Giving Money Laundering Legislation A Facelift, George A. Lyden

Fordham Journal of Corporate & Financial Law

No abstract provided.

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A World Drowning In Guns, Harold Hongju Koh Jan 2003

A World Drowning In Guns, Harold Hongju Koh

Fordham Law Review

No abstract provided.

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Hearing: Temporary Filling Of House Of Representatives Vacancies During National Emergencies: Hearing On H.J. Res. 67, Subcommittee On Constitution Of The Committee On The Judiciary. House Of Representatives. United States. Feb 2002

Hearing: Temporary Filling Of House Of Representatives Vacancies During National Emergencies: Hearing On H.J. Res. 67, Subcommittee On Constitution Of The Committee On The Judiciary. House Of Representatives. United States.

Congressional Materials

House Subcommittee on the Constitution of the Judiciary Committee hearing on legislation that would allow state governors to temporarily appoint representatives to take the place of those who have died or become incapacitated when 25 percent or more of all representatives are unable to perform their duties.

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Florida's Downtowns: The Key To Smart Growth, Urban Revitalization, And Green Space Preservation, John T. Marshall Jan 2002

Florida's Downtowns: The Key To Smart Growth, Urban Revitalization, And Green Space Preservation, John T. Marshall

Fordham Urban Law Journal

This article reviews Florida's growth management system, which has spurred suburban development, and its negative impact on Florida's cities. As Florida's governor and legislature have turned their focus to this issue, this article evaluates policy recommendations to limit Florida's suburban sprawl and invigorate its urban centers.

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Alternative Approaches To Problem Solving, Susan Finlay, Richard Hopper, Derek Denckla, John Goldkamp Jan 2002

Alternative Approaches To Problem Solving, Susan Finlay, Richard Hopper, Derek Denckla, John Goldkamp

Fordham Urban Law Journal

No abstract provided.

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Privacy Versus Protection: Exploring The Boundaries Of Electronic Surveillance In The Internet Age, Kimberly Horn Jan 2002

Privacy Versus Protection: Exploring The Boundaries Of Electronic Surveillance In The Internet Age, Kimberly Horn

Fordham Urban Law Journal

No abstract provided.

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Fordham Environmental Law Review Volume 13 Issue 3- Panel Iii- Electric Generators In New York City- Balancing The Energy, Fordham Environmental Jan 2002

Fordham Environmental Law Review Volume 13 Issue 3- Panel Iii- Electric Generators In New York City- Balancing The Energy, Fordham Environmental

Fordham Environmental Law Review

No abstract provided.

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Traveling Justice: Providing Court Based Pro Se Assistance To Limited Access Communities, Tina L. Rasnow Jan 2002

Traveling Justice: Providing Court Based Pro Se Assistance To Limited Access Communities, Tina L. Rasnow

Fordham Urban Law Journal

This Article discusses one Southern California court's attempt to provide greater access to underrepresented litigants in a mixed urban and rural county northwest of Los Angeles. The Article explores Ventura County Superior Court's outreach program designed to increase court access through pro se self-help services, educational outreach, specialty courts, and collaboration with social service organizations. The Article hopes to inspire others to try creative methods to improve access in their jurisdictions.

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What Were They Thinking? Fourth Amendment Unreasonableness In Atwater V. City Of Lago Vista, Richard S. Frase Jan 2002

What Were They Thinking? Fourth Amendment Unreasonableness In Atwater V. City Of Lago Vista, Richard S. Frase

Fordham Law Review

No abstract provided.

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What Does The Future Hold For Drug Courts?, Nahama Broner, Caroline Cooper, Michael Jacobson, Juanita Bing-Newton, Deborah Small Jan 2002

What Does The Future Hold For Drug Courts?, Nahama Broner, Caroline Cooper, Michael Jacobson, Juanita Bing-Newton, Deborah Small

Fordham Urban Law Journal

No abstract provided.

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The Impact Of Problem Solving On The Lawyer's Role And Ethics, Judy Kluger, Pat Murrell, Jeffrey Tauber, Steven Zeidman, Alex Calabrese, Susan Hendricks Jan 2002

The Impact Of Problem Solving On The Lawyer's Role And Ethics, Judy Kluger, Pat Murrell, Jeffrey Tauber, Steven Zeidman, Alex Calabrese, Susan Hendricks

Fordham Urban Law Journal

No abstract provided.

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The Birth Of A Problem-Solving Court, Rolando Acosta, Anne Swern, Lisa Schreibersdorf, Gloria Sosa-Lintner Jan 2002

The Birth Of A Problem-Solving Court, Rolando Acosta, Anne Swern, Lisa Schreibersdorf, Gloria Sosa-Lintner

Fordham Urban Law Journal

No abstract provided.

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What The Data Shows, Carl Baar, Stephen Belenko, Aubrey Fox, Rachel Porter Jan 2002

What The Data Shows, Carl Baar, Stephen Belenko, Aubrey Fox, Rachel Porter

Fordham Urban Law Journal

No abstract provided.

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What Works And What Does Not, Michael Rempel, Adele Harrell, Jeff Fagan, Barbara Babb Jan 2002

What Works And What Does Not, Michael Rempel, Adele Harrell, Jeff Fagan, Barbara Babb

Fordham Urban Law Journal

No abstract provided.

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Bringing Ireland Up To Par: Incorporating The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Katherine Lesch Bodnick Jan 2002

Bringing Ireland Up To Par: Incorporating The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Katherine Lesch Bodnick

Fordham International Law Journal

In the Good Friday Agreement of 1998, the Irish government committed to incorporating the European Convention for the Protection of Human Rights and Fundamental Freedoms (“ECHR”) into Ireland's domestic law. Ireland's promise to promote human rights is consistent with the Good Friday Agreement. Although the government agreed to incorporate the ECHR by October 1999, it has yet to be incorporated because Attorney-General Michael McDowell and Minister of Justice John O'Donoghue could not decide how to do so. This Note examines the manner in which Ireland should incorporate the ECHR into Irish domestic law. Part I of this Note discusses background …

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9/11: Usa And Uk, Philip A. Thomas Jan 2002

9/11: Usa And Uk, Philip A. Thomas

Fordham International Law Journal

This Article is based on the inviolability of the legal principles underlying rule of law and explores the ways in which various governments have responded. In addition, it considers the importance of the legislative processes, recognizing that the failure to honor them leaves open the door to executive exploitation and the misuse of power. It also reflects on the efficiency of anti-terrorist legislation. Does this legislation stop, deter or punish criminals; is it "comfort legislation" directed towards producing and maintaining public confidence; or is it counter-productive through the alienation of innocent victims and ethnic, religious and immigrant groups?

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"In Pursuit Of Justice" In High Profile Criminal Matters, Judith L. Maute Jan 2002

"In Pursuit Of Justice" In High Profile Criminal Matters, Judith L. Maute

Fordham Law Review

No abstract provided.

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