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Do As I Say And Not As I Do: Dickerson, Constitutional Common Law And The Imperial Supreme Court, Kevin Mcnamee Jan 2001

Do As I Say And Not As I Do: Dickerson, Constitutional Common Law And The Imperial Supreme Court, Kevin Mcnamee

Fordham Urban Law Journal

This Comment examines the Supreme Court's Miranda jurisprudence through the lens of the "constitutional common law" theory, which suggests that the Supreme Court has crafted a large body of subconstitutional rules that are not compelled by the text of the Constitution but serve to protect values implicit in the text. As a result, such rules are subject to the limitations of modification and nullification by later courts. After presenting the characteristics of the constitutional common law theory and its relationship to federalism and separation of powers, the author suggests that the theory can explain the erosion of Miranda decision's brightline …

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Yahoo And Democracy On The Internet, Joel R. Reidenberg Jan 2001

Yahoo And Democracy On The Internet, Joel R. Reidenberg

Faculty Scholarship

This article examines the French court order requiring Yahoo to prevent French Internet users from accessing images of Nazi memorabilia available for auction on the company's American web site. The article uses the French case to challenge the popular belief that an entirely borderless Internet favors democratic values. The article starts from the premise that while the Internet enables actors to reach a geographically dispersed audience, the Internet should not change the accountability of those actors for their conduct within national borders. The article shows that Yahoo's extensive business in France justifies the application of France's democratically chosen law and …

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Examining The Lautenberg Amendment In The Civilian And Military Contexts: Congressional Overreaching, Statutory Vagueness, Ex Post Facto Violations, And Implementation Flaws, Jessica A. Golden Jan 2001

Examining The Lautenberg Amendment In The Civilian And Military Contexts: Congressional Overreaching, Statutory Vagueness, Ex Post Facto Violations, And Implementation Flaws, Jessica A. Golden

Fordham Urban Law Journal

The Lautenberg Amendment to the Gun Control Act of 1968 was passed in 1996 with the purpose of preventing gun-related domestic violence. The Lautenberg Amendment's passage raises unique commerce clause issues, and the amendment is possibly unconstitutional. Part I of the article examines the Commerce Clause (and Tenth Amendment) challenges to the Lautenberg Amendment. It provides the history of cases thus far failing to successfully challenge the constitutionality of the Lautenberg Amendment. It then discusses the Supreme Court's decision in Morrison v. Olson, that struck down the civil remedies provision of the Violence Against Women Act as a violation of …

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Rights, Capabilities, And The Good Society, Robin West Jan 2001

Rights, Capabilities, And The Good Society, Robin West

Fordham Law Review

No abstract provided.

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What Big Eyes And Ears You Have!: A New Regime For Covert Governmental Surveillance, Mark G. Young Jan 2001

What Big Eyes And Ears You Have!: A New Regime For Covert Governmental Surveillance, Mark G. Young

Fordham Law Review

No abstract provided.

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The Fourth Amendment: Relaxing The Rule In Child Abuse Investigations, Jillian Grossman Jan 2000

The Fourth Amendment: Relaxing The Rule In Child Abuse Investigations, Jillian Grossman

Fordham Urban Law Journal

This Note considers the Fourth Amendment concerns raised by strip searches of children in child abuse investigations. The Note first describes the evolution of children's rights and identifies the interests of the child and parents in child abuse investigations. The Note then analyzes the two exceptions under which a nude search of a child's body may be conducted - consent and exigent circumstances, as well as the qualified immunity defense with respect to social workers and police officers. Finally, this Note concludes that a child should possess the authority to consent to a strip search in a child abuse investigation …

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Restorative Justice And The Prosecutor, Frederick W. Gay Jan 2000

Restorative Justice And The Prosecutor, Frederick W. Gay

Fordham Urban Law Journal

A discussion of restorative justice and its relation to prosecutorial discretion. The article gives examples of the restorative alternatives to traditional criminal punishment and argues that such alternatives are an effective means of providing justice.

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Restorative Justice And The Prosecutor, Frederick W. Gay Jan 2000

Restorative Justice And The Prosecutor, Frederick W. Gay

Fordham Urban Law Journal

A discussion of restorative justice and its relation to prosecutorial discretion. The article gives examples of the restorative alternatives to traditional criminal punishment and argues that such alternatives are an effective means of providing justice.

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Stopping Hate Without Stifling Speech: Re-Examining The Merits Of Hate Speech Codes On University Campuses, Catherine B. Johnson Jan 2000

Stopping Hate Without Stifling Speech: Re-Examining The Merits Of Hate Speech Codes On University Campuses, Catherine B. Johnson

Fordham Urban Law Journal

This Note explores legislative attempts to help reduce incidents of hate speech on university campuses. It begins by analyzing the rise in hate speech codes at public universities and examining two U.S. Supreme Court decisions in R.A.V. v. City of St. Paul and Wisconsin v. Mitchell. The author argues that a hate speech code that implements forward-looking, long-term education objective would work towards stopping hate on campus without violating students' First Amendment rights. This Note reaches the conclusion that a narrowly drawn hate speech code based on recognized First Amendment exceptions, implemented along with with education initiatives, could facilitate the …

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Our Drug Laws Have Failed - So Where Is The Desperately Needed Meaningful Reform?, David C. Leven Jan 2000

Our Drug Laws Have Failed - So Where Is The Desperately Needed Meaningful Reform?, David C. Leven

Fordham Urban Law Journal

The article begins by stating that the harsh drug laws of New York have failed to have an effect on the amount of drug dealers and instead have led to overcrowding of prisons with non-addict drug users. It states that the laws must be modified to give greater sentencing to judges, increasing diversion of non-violent offenders to rehabilitation. The article then delineates the problems resulting from current drug law and the criticism thereof. It then states the attempted reforms of drug laws that have been insufficient. The article concludes by suggesting proposals to solve the problems delineated, including proportionate sentences, …

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How Do We Reduce Crime And Preserve Human Decency? The Role Of Leadership In Policing For A Democratic Society, Benjamin B. Tucker Jan 2000

How Do We Reduce Crime And Preserve Human Decency? The Role Of Leadership In Policing For A Democratic Society, Benjamin B. Tucker

Fordham Urban Law Journal

This essay cautions that the successes in crime reduction cannot be sustained unless police-community relations improve. The essay discusses progress and development in law enforcement, documents the innovative rise in community policing, and concludes with suggestions on how to improve police-community tension, particularly tension between law enforcement and minority communities.

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Law And Disorder: Is Effective Law Enforcement Inconsistent With Good Police-Community Relations?, William J. Bratton, Andrew G. Celli, Paul Chevigny, Johnnie L. Cochran Jan 2000

Law And Disorder: Is Effective Law Enforcement Inconsistent With Good Police-Community Relations?, William J. Bratton, Andrew G. Celli, Paul Chevigny, Johnnie L. Cochran

Fordham Urban Law Journal

This roundtable discusses crime reduction and police-community relations. Professor Chevigny asserted that violation of rights is an unacceptable trade-off for more effective law enforcement and advocated problem-solving policing. Commissioner Bratton discussed the compatibility of civil liberties and civil police and his work as commissioner. Attorney Lynch discussed the federal government's role in handling law enforcement as it relates to community relations by discussing the cases the federal government handles and the federal government 's powers and abilities in this area. Mr. Celli discussed the Attorney General Office's study of the New York City Police Department, theories behind the New York …

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Federal Juvenile Waiver Practices: A Contextual Approach To The Consideration Of Prior Delinquency Records, Randie P. Ullman Jan 2000

Federal Juvenile Waiver Practices: A Contextual Approach To The Consideration Of Prior Delinquency Records, Randie P. Ullman

Fordham Law Review

No abstract provided.

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A Prosecutor's Use Of Inconsistent Factual Theories Of A Crime In Successive Trials: Zealous Advocacy Or A Due Process Violation?, Michael Q. English Jan 1999

A Prosecutor's Use Of Inconsistent Factual Theories Of A Crime In Successive Trials: Zealous Advocacy Or A Due Process Violation?, Michael Q. English

Fordham Law Review

No abstract provided.

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In Finley's Wake: Forging A Viable First Amendment Approach To The Government's Subsidization Of The Arts, Eric J. Cleary Jan 1999

In Finley's Wake: Forging A Viable First Amendment Approach To The Government's Subsidization Of The Arts, Eric J. Cleary

Fordham Law Review

No abstract provided.

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Nimby's Legacy: A Challenge To Local Autonomy: Regulating The Siting Of Group Homes In New York, Anna L. Georgiou Jan 1999

Nimby's Legacy: A Challenge To Local Autonomy: Regulating The Siting Of Group Homes In New York, Anna L. Georgiou

Fordham Urban Law Journal

Group homes represent a non-traditional alternative to single family living. The advent of the group home has taken place since the 1970s for a number of reasons, namely, due to a severe shortage in affordable housing, particularly for newly employed young adults and the elderly, due to public policy considerations calling for deinstitutionalization of the developmentally disabled and mentally ill, and finally due to a growing need for congregate type living arrangements for other special needs populations. Part I of the article explores the framework of the New York State zoning authority and the methods by which municipalities regulate the …

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Keynote Address, Louis Freeh Jan 1999

Keynote Address, Louis Freeh

Fordham Urban Law Journal

Keynote address given by Louis Freeh.

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Panel Discussion: The Prosecutor's Role In Light Of Expanding Federal Criminal Jurisdiction, Zachary W. Carter, Elizabeth Glazer, Philip B. Heymann, Robert S. Litt Jan 1999

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.

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Urban Holism: The Empowerment Zone And Economic Development In Atlanta, Honorable William Campbell Jan 1999

Urban Holism: The Empowerment Zone And Economic Development In Atlanta, Honorable William Campbell

Fordham Urban Law Journal

This Article focuses on the 1990s renaissance in Atlanta, a time where the rate of violent crime was at the lowest it had been in years and the population was growing for the first time in thirty years. It focuses on three specific explanations of the renaissance: the holistic approach to development, the Empowerment Zone, the community policing program, and the reinvention of public housing. The holistic approach involves an interplay of both the public and private sectors of the city, with no singular method used to revitalize the inner city communities. The Empowerment Zone, a plan created by President …

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Restrictions By Funders And The Ethical Practice Of Law, Alan W. Houseman Jan 1999

Restrictions By Funders And The Ethical Practice Of Law, Alan W. Houseman

Fordham Law Review

No abstract provided.

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Rethinking The Tough Sentencing Of Teenage Neonaticide Offenders In The United States, Christine A. Fazio, Jennifer L. Comito Jan 1999

Rethinking The Tough Sentencing Of Teenage Neonaticide Offenders In The United States, Christine A. Fazio, Jennifer L. Comito

Fordham Law Review

No abstract provided.

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Legality, Legitimacy, And Democratic Renewal: The New Assembly In Context, Colin Harvey Jan 1998

Legality, Legitimacy, And Democratic Renewal: The New Assembly In Context, Colin Harvey

Fordham International Law Journal

This Essay examines the structure and functions of the new Northern Ireland Assembly within the context of the constitutional changes in the Britain and Ireland. Since its election in May 1997, the new Labour Government has been steadily putting in place key constitutional reforms. The changes were widely discussed, both internally while the party was in opposition and externally within the scholarly community. The Labour Government came to power on a manifesto that promised substantial constitutional reform with an emphasis on decentralization and participation. It is evident that the change of government had an impact on the process in Northern …

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Religious Symbols And Religious Garb In The Courtroom: Personal Values And Public Judgments, Samuel J. Levine Jan 1998

Religious Symbols And Religious Garb In The Courtroom: Personal Values And Public Judgments, Samuel J. Levine

Fordham Law Review

No abstract provided.

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Hail, Hail, The Gangs Are All Here: Why New York Should Adopt A Comprehensive Anti-Gang Statute, Bart H. Rubin Jan 1998

Hail, Hail, The Gangs Are All Here: Why New York Should Adopt A Comprehensive Anti-Gang Statute, Bart H. Rubin

Fordham Law Review

No abstract provided.

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The Americans With Disabilities Act And State Prisons: A Question Of Statutory Interpretation, Emily Alexander Jan 1998

The Americans With Disabilities Act And State Prisons: A Question Of Statutory Interpretation, Emily Alexander

Fordham Law Review

No abstract provided.

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The Comprehensive Environmental Response Compensation And Liability Act (Cercla) And The Evaluation Of Confidentiality For The Environmental Attorney, Vincent G. Tsushima Jan 1998

The Comprehensive Environmental Response Compensation And Liability Act (Cercla) And The Evaluation Of Confidentiality For The Environmental Attorney, Vincent G. Tsushima

Fordham Environmental Law Review

No abstract provided.

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Is There A Threat To Judicial Independence In The United States Today? Roundtable Discussion, Roundtable Discussion Jan 1998

Is There A Threat To Judicial Independence In The United States Today? Roundtable Discussion, Roundtable Discussion

Fordham Urban Law Journal

This roundtable discussion poses the question of whether there is a threat to judicial independence in the United States today and, if so, what it is, to a panel of five judges composed of Honorable William H. Walls, Honorable Edward R. Becker, Honorable Morton I. Greenberg, Honorable Jan E. DuBois, and Honorable Stanley Sporkin. Some discuss what they consider the great stall by a partisan majority Senate to confirm judicial nominations, while others argue they have encountered no threat to their judicial independence, which allows for unpopular decisions to be made. Another concern discussed is that for state judges that …

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Policing And Change In Northern Ireland: The Centrality Of Human Rights, Linda Moore Jan 1998

Policing And Change In Northern Ireland: The Centrality Of Human Rights, Linda Moore

Fordham International Law Journal

It is the contention of this Essay that the international principles of human rights must form the foundations of any future policing service in Northern Ireland. Leaving behind the sterile communalism that has characterized past approaches to policing in favor of a rights-based approach, would benefit all in Northern Ireland. A human rights policing framework would particularly relieve those living in working class communities, both catholic and protestant, who have borne the brunt of heavy policing policies and tactics. While acknowledging that no approach to policing reform can appease all shades of Northern Ireland's political and cultural opinion, the current …

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International Dimensions Of Crimes In Cyberspace, David Goldstone, Betty-Ellen Shave Jan 1998

International Dimensions Of Crimes In Cyberspace, David Goldstone, Betty-Ellen Shave

Fordham International Law Journal

Part I describes a few experiences with international computer hackers in order to provide a context for the rest of the Essay. Part II extracts from that experience the central issues that have arisen-and predictably will continue to arise-in connection with investigating and prosecuting international electronic crimes. These concerns are divided into three subject areas: the substantive law, the procedural law, and operational issues. Finally, Part III summarizes international efforts to address concerns raised by crimes in cyberspace.

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Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan Jan 1998

Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan

Faculty Scholarship

This inquiry, a comprehensive historical study of the impact of nuisance law on labor picketing in England, comprises six sections. Part I introduces general principles of labor law and nuisance law in the nineteenth century, particularly the legislative scheme of "collective laissezfaire" that emerged after 1871 and remained relatively intact until 1980. Part II examines the use of nuisance doctrines against picketers in the first phase of confrontational picketing from 1889 to 1906, when the appearance of militant unions representing unskilled workers stimulated inventive judicial responses in both private and public nuisance. Part III investigates the much heralded judicial and …

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