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Articles 1051 - 1080 of 1757
Full-Text Articles in Entire DC Network
Death Penalty Prosecutorial Charging Decisions And County Budgetary Restrictions: Is The Death Penalty Arbitrarily Applied Based On County Funding?, Ashley Rupp
Fordham Law Review
No abstract provided.
The Prosecutor's Dilemma: Bargains And Punishments, Russell L. Christopher
The Prosecutor's Dilemma: Bargains And Punishments, Russell L. Christopher
Fordham Law Review
No abstract provided.
Fifteen Years After The Federal Sentencing Revolution: How Mandatory Minimums Have Undermined Effective And Just Narcotics Sentencing Perspectives On The Federal Sentencing Guidelines And Mandatory Sentencing, Ian Weinstein
Faculty Scholarship
Federal criminal sentencing has changed dramatically since 1988. Fifteen years ago, judges determined if and for how long a defendant would go to jail. Since that time, changes in substantive federal criminal statutes, particularly the passage of an array of mandatory minimum penalties and the adoption of the federal sentencing guidelines, have limited significantly judicial sentencing power and have remade federal sentencing and federal criminal practice. The results of these changes are significantly longer federal prison sentences, as was the intent of these reforms, and the emergence of federal prosecutors as the key players in sentencing. Yet, at the same …
Due Process And Problem Solving Courts, Eric Lane
Due Process And Problem Solving Courts, Eric Lane
Fordham Urban Law Journal
This article addresses the model of the problem-solving courts, beginning with the 1989 Dade County, Florida drug court and the role of the pro-active problem solving judge as presented by Judge Lederman of the Dade County drug court. The article reviews the role of the pro-active problem-solving judge in light of the defendants due process rights. After reviewing several case studies, transcripts, and literature on the issue, the article concludes that problem-solving judging and lawyering need not be in conflict with due process standards.
Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin
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 …
An Ethics Critique Of Interference In Law School Clinics, Robert R. Kuehn, Peter A. Joy
An Ethics Critique Of Interference In Law School Clinics, Robert R. Kuehn, Peter A. Joy
Fordham Law Review
Law school clinics play an increasingly important role in training future lawyers and providing legal assistance to traditionally under-represented individuals and groups. In addition to facing the legal issues present in any law practice, law clinic students and faculty often confront ethical issues that lawyers representing poor and unpopular clients sometimes face - outside interference in case and client selection. This article explores the ethical considerations raised by interference in law school clinic case and client selection and limitations on the means of representation lawyers may employ in representing their clients. The article's analysis provides a useful framework for responding …
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
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 …
The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris
The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris
Fordham Urban Law Journal
A general overview of the journal's progress and publications.
Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz
Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz
Fordham Urban Law Journal
This Article examines the role of lawyers for homeless people. It argues that while even the most zealous legal advocacy cannot alone solve homelessness, it remains an important tool because of the assistance it provides to individuals, its impact on broader legal rules, and its potential role in shaping public perception and debate. The Article also maintains that legal advocacy works best when combined with a holistic approach that addresses homeless clients' non-legal needs, such as housing placement, case management, medical and psychiatric care, job training, and substance abuse counseling. It further argues that, to the extent possible, lawyers for …
The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris
The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris
Fordham Urban Law Journal
An overview of different topics covered by the journal throughout the years.
Life, Liberty, And The Pursuit Of Terrorists: An In-Depth Analysis Of The Government's Right To Classify United States Citizens Suspected Of Terrorism As Enemy Combatants And Try Those Enemy Combatants By Military Comission, Amanda Schaffer
Fordham Urban Law Journal
This Comment explores the government's right to treat citizens as enemy combatants and whether their trials should be by military commissions or by the non-military criminal justice system. It gives background information and explains the source of the government's right to determine enemy combatant status and to use military commissions. This Comment also describes the distinctions between a military trial and a regular criminal trial and explains the status of two cases regarding American citizens declared to be enemy combatants. The Comment goes on to explain why the government wants to use military commissions to try terrorists and the advantages …
Barred From The Vote: Public Attitudes Toward The Disenfranchisement Of Felons, Brian Pinaire, Milton Heumann, Laura Bilotta
Barred From The Vote: Public Attitudes Toward The Disenfranchisement Of Felons, Brian Pinaire, Milton Heumann, Laura Bilotta
Fordham Urban Law Journal
This article explores public attitudes toward the disenfranchisement of felons. Using survey research methods -- Computer Assisted Telephone Interviewing of 503 randomly selected adults -- the authors posed questions related to the purpose of the criminal justice system, public attitudes about treatment and punishment of felons, and public support for the disenfranchisement of felons. The data is aggregated and sorted based on ethnicity, gender, political affiliation, and education. The data demonstrates that the American public does not support permanent disenfranchisement of convicted felons but that it does support some limitations. The authors first review state laws and legal/political issues implicated, …
Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffrey Fagan, Valerie West, Jan Holland
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.
Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner
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.
Are Collateral Sanctions Premised On Conduct Or Conviction?: The Case Of Abortion Doctors, Gabriel J. Chin
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 …
Starting Over With A Clean Slate: In Praise Of A Forgotten Section Of The Model Penal Code, Margaret Colgate Love
Starting Over With A Clean Slate: In Praise Of A Forgotten Section Of The Model Penal Code, Margaret Colgate Love
Fordham Urban Law Journal
Convicted felons have no realistic hope of full reintegration into society when jurisdictions do not provide for eventual removal of collateral penalties and when relief mechanisms are insufficient or ineffective. Because Americans are uncomfortable with such an unforgiving system and states are considering the economic burdens of such a system, jurisdictions should take steps to limit the scope and duration of these collateral consequences. This Article proposes a legal framework aimed to fully reintegrate an offender into society post incarceration. It urges a return to the reforms of the 1960s and 70s, the ABA Standards on Collateral Sanctions, and Section …
Determining The Retroactive Effect Of Laws Altering The Consequences Of Criminal Convictions, Nancy Morawetz
Determining The Retroactive Effect Of Laws Altering The Consequences Of Criminal Convictions, Nancy Morawetz
Fordham Urban Law Journal
This Article explores when laws altering the consequences of conviction can retroactively apply. It traces the roots of the current emphasis on plea agreements to the current confusion about how to determine retroactivity in cases involving quasi-economic transactions and those involving wrongful conduct. Using I.N.S. v. St. Cyr, 533 U.S. 298 (2001), it focuses on the open issue of the date against which new legal consequences are measured. Finally, the Article argues that reliance is an improper indicia of retroactivity for laws governing wrongful conduct and that the proper question is whether the offender had fair notice of the degree …
Transformative Criminal Defense Practice: Truth, Love, And Individual Rights- The Innovative Approach Of The Georgia Justice Project, Douglas Ammar, Tosha Downey
Transformative Criminal Defense Practice: Truth, Love, And Individual Rights- The Innovative Approach Of The Georgia Justice Project, Douglas Ammar, Tosha Downey
Fordham Urban Law Journal
Georgia Justice Project has a unique approach to criminal defense and rehabilitation which is based on a relationship and community-oriented ethic. Focused on only accepting clients who are willing to make a serious commitment to changing their lives, the GJP ensures that the client moves beyond social, emotional and personal challenges that contributed to their legal problems. This article describes the unique factors of the GJP that have contributed to its continued success.
"Forgive Me Victim For I Have Sinned": Why Repentance And The Criminal Justice System Do Not Mix - A Lesson From Jewish Law, Cheryl G. Bader
"Forgive Me Victim For I Have Sinned": Why Repentance And The Criminal Justice System Do Not Mix - A Lesson From Jewish Law, Cheryl G. Bader
Fordham Urban Law Journal
This essay will critique the Georgia Justice Project's encouragement of confessions in the context of the secular American justice system via comparison with the treatment of confessions under ancient Jewish law. Specifically, this essay posits that the absolute prohibition on the use of confessions in a legal system firmly rooted in religious values recognizes the danger inherent in combining the act of speaking of one's sins for religious penance with the use of such confessions in the criminal adjudication process. The Jewish legal system avoids these inherent dangers by completely devaluing the accused's confession. The GJP, in contrast, merges the …
It Takes A Region , Angela Glover Blackwell
It Takes A Region , Angela Glover Blackwell
Fordham Urban Law Journal
Suburbanization and sprawl present new issues and challenges of regional inequity and equal opportunity. As awareness of the effects of the impacts of uneven and unhealthy development patterns grow, the debate for dealing with the fallout of sprawl is being taken up and policy agenda is emerging to address smart growth. With the emergence of the region rather than the city as the dominant economic and social geographic unit and key policy changes, the article propounds that the mistakes of the past fifty years can be reversed and regional equity achieved. The article makes it clear that life changes are …
An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson
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 …
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 …
The Failure Of Local And Federal Prosecutors To Curb Police Brutality, Asit S. Panwala
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 …
The Limits Of Integrity Or Why Cabinets Have Locks, Burnele V. Powell
The Limits Of Integrity Or Why Cabinets Have Locks, Burnele V. Powell
Fordham Law Review
No abstract provided.
Penumbras, Privacy, And The Death Of Morals-Based Legislation: Comparing U.S. Constitutional Law With The Inherent Right Of Privacy In Islamic Jurisprudence, Seema Saifee
Fordham International Law Journal
In an effort to separate the Islamic regulatory scheme with respect to the criminalization of consensual sexual conduct from the caricature espoused by many Western thinkers, this Note provides a comparative analysis of the criminalization of private consensual sexual conduct in Islamic law and U.S. constitutional jurisprudence on the right of privacy. Part I provides a brief background of Islamic and U.S. criminal regulations on consensual sex and outlines the evolution of constitutional privacy jurisprudence in the U.S. Supreme Court. Part II first examines the evidentiary and procedural requirements pertaining to the criminalization of consensual sexual intercourse in Islamic law, …
Fundamental Facets Of The United States-Jordan Free Trade Agreement: E-Commerce, Dispute Resolution, And Beyond, Mohammad Nsour
Fundamental Facets Of The United States-Jordan Free Trade Agreement: E-Commerce, Dispute Resolution, And Beyond, Mohammad Nsour
Fordham International Law Journal
Part I of this Article discusses e-commerce in the U.S.-Jordan FTA. Part I begins with definitions of basic issues in the e-commerce regime, such as electronic signatures. Thereafter, Part I highlights the ways in which some of the important international regimes have dealt with e-commerce, as in the GATS. Finally, and most importantly, Part I will provide a legal analysis of issues related to e-commerce, which are mentioned in the U.S.-Jordan Joint Statement on E-Commerce, such as privacy. Due to the fact that the World Trade Organization's ("WTO") dispute settlement system is the dominant one for trade disputes, Part II …
The Trial Of Saddam Hussein: What Kind Of Court Should Prosecute Saddam Hussein And Others For Human Rights Abuses, Justice Richard Goldstone
The Trial Of Saddam Hussein: What Kind Of Court Should Prosecute Saddam Hussein And Others For Human Rights Abuses, Justice Richard Goldstone
Fordham International Law Journal
The capture of Saddam Hussein alive is of course a cause for rejoicing. His crimes were massive. He left hundreds of thousands of victims in Iraq; the Shiites who dared to oppose him, the Kurds against whom he committed a most terrible genocide. The question now and the subject of this talk is what to do in order to bring him justice. Having captured him and some of his chief lieutenants, how should they be brought to justice? Broadly speaking, there are four options. The first is a wholly domestic trial in Baghdad before Iraqi judges. The second option would …
No Recourse: Transnational Corporations And The Protection Of Economic, Social, And Cultural Rights In Bolivia , Maria Mcfarland Sánchez-Moreno, Tracy Higgins
No Recourse: Transnational Corporations And The Protection Of Economic, Social, And Cultural Rights In Bolivia , Maria Mcfarland Sánchez-Moreno, Tracy Higgins
Fordham International Law Journal
This Report analyzes two cases in which TNC activities have had an impact on Bolivian citizens' enjoyment of economic, social, and cultural rights (“ESC rights”). In so doing, it analyzes not only corporate conduct but also the Bolivian government's role in protecting ESC rights from violation. The cases involve an oil spill by Transredes, a TNC partly owned by Enron and Shell, in Bolivia's Desaguadero River, which affected over one hundred indigenous communities; and the water war that took place in the city of Cochabamba over the privatization of Cochabamba's water system and its operation by the consortium Aguas del …
A Mind To Blame: New Views On Involuntary Acts, Deborah W. Denno
A Mind To Blame: New Views On Involuntary Acts, Deborah W. Denno
Faculty Scholarship
This article examines the legal implications linked to recent scientific research on human consciousness. The article contends that groundbreaking revelations about consciousness expose the frailties of the criminal law's traditional dual dichotomies of conscious versus unconscious thought processes and voluntary versus involuntary acts. These binary doctrines have no valid scientific foundation and clash with other key criminal law defenses, primarily insanity. As a result, courts may adjudicate like individuals very differently based upon their (often unclear) understanding of these doctrines and the science that underlies them. This article proposes a compromise approach by recommending that the criminal law's concept of …
The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen
The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen
Faculty Scholarship
As Americans respond to the events of September 11, 2001, they are being forced to contemplate their place in American history-past, present, and future. This has become particularly stark in the fight over secret deportation hearings. Following September 11, Attorney General John Ashcroft announced that the deportation hearings of "special interest" aliens would be closed to the public. Applying Richmond Newspapers's two-pronged logic-and-experience test, the Third and Sixth Circuits subsequently split over the constitutionality of the blanket closure. At the heart of their disagreement was the scarce history of deportation hearings and whether such hearings had been closed in the …