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Articles 1081 - 1110 of 1757

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Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale Jan 2003

Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale

Fordham Law Review

No abstract provided.


Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno Jan 2003

Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno

Faculty Scholarship

On June 20, 2001, Andrea Yates drowned her four children in a bathtub. At Andrea’s trial, in Harris County, Texas, the prosecution’s star expert, Patrick Dietz, appeared particularly adept at persuading the jury to accept the prosecution’s assertion that Andrea was sane and acting intentionally when she killed her children. This Article analyzes the problematic aspects of Dietz's testimony in an effort to contribute some balance to the Andrea Yates story. Despite the long history of expert witnesses in criminal trials, the justice system should question the fairness and efficacy of such an unregulated storytelling process. Part I of this …


Criminal Neglect: Indigent Defense From A Legal Ethics Perspective Ethics Symposium What Do Clients Want: Practice Contexts, Bruce A. Green Jan 2003

Criminal Neglect: Indigent Defense From A Legal Ethics Perspective Ethics Symposium What Do Clients Want: Practice Contexts, Bruce A. Green

Faculty Scholarship

Most criminal defendants in the United States cannot afford to pay for a lawyer's services, and as a result their lawyers are government funded. Unfortunately, some state and local governments drastically under-fund indigent defense services. Criminal defense lawyers serving in these jurisdictions typically carry grossly excessive caseloads and are therefore severely restricted in how much time they can devote to individual clients. Commentators have targeted the under-funding of indigent defense systems as a problem of criminal justice, constitutional law, and civil rights. That is certainly true, but the under-funding of indigent defense also raises a serious and inadequately recognized problem …


The Public Is Willing, Margot Lindsay, Mary K. Shilton Jan 2002

The Public Is Willing, Margot Lindsay, Mary K. Shilton

Fordham Urban Law Journal

This Article discusses the importance of public outreach and education in the judicial system. The Article advocates for various court-sponsored outreach programs to increase citizen contact with the courts for problem solving purposes. It also addresses such alternatives as community courts and neighborhood advisory boards. It discusses measures taken by state courts to increase communication with underrepresented communities. It concludes by making suggestions to improve outreach programs.


Maryland's Next Smart Growth Initiative: The Next Steps, Parris N. Glendening Jan 2002

Maryland's Next Smart Growth Initiative: The Next Steps, Parris N. Glendening

Fordham Urban Law Journal

This article discusses Maryland's Smart Growth and Neighborhood Conservation Initiative, the nation's first statewide, incentive-based program to reduce the impact of urban sprawl. It has been used as a model by other states and espouses the notions that no growth is bad and the economy and environment are intertwined. Maryland attempts to change the bottom line of development decisions by making it more attractive and less costly to build in designated growth areas. The article identifies the next steps in Maryland's Smart Growth initiative and concludes that Maryland and the United States must be successful in these and similar efforts …


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.


The Changing Face Of Justice: The Evolution Of Problem Solving, Joseph Gubbay, Morris Hoffman, Martin Karopkin, Marilyn Roberts, Bruce Winick, Lisa Smith Jan 2002

The Changing Face Of Justice: The Evolution Of Problem Solving, Joseph Gubbay, Morris Hoffman, Martin Karopkin, Marilyn Roberts, Bruce Winick, Lisa Smith

Fordham Urban Law Journal

No abstract provided.


The Nexus Between Technology And Problem Solving, James Mcmillan, Robert Russell, Mina Kimmerling, Mark Thompson Jan 2002

The Nexus Between Technology And Problem Solving, James Mcmillan, Robert Russell, Mina Kimmerling, Mark Thompson

Fordham Urban Law Journal

No abstract provided.


Sentencing Guidelines For Copyright Pirates In The United States And The Hong Kong Special Administrative Region: A Comparative Perspective, Jonathan J. Rusch Jan 2002

Sentencing Guidelines For Copyright Pirates In The United States And The Hong Kong Special Administrative Region: A Comparative Perspective, Jonathan J. Rusch

Fordham International Law Journal

As more and more nations prosecute copyright piracy cases, it is far from clear whether these nations, in seeking to protect legitimate copyright interests, will also recognize the need to achieve three goals in the sentencing of such cases. The first is honesty in sentencing: that is, avoiding situations in which the nominal sentence that a court initially imposes at sentencing may later be substantially reduced through the parole process. The second is reasonable uniformity in sentencing, so that courts do not have wide disparities in the sentences they impose on similar offenders who commit similar criminal offenses. The third …


Pretrial Detention, Human Rights, And Judicial Reform In Latin America, Jonathan L. Hafetz Jan 2002

Pretrial Detention, Human Rights, And Judicial Reform In Latin America, Jonathan L. Hafetz

Fordham International Law Journal

This Article seeks to address important questions raised by pretrial detention and judicial reform in Latin America. It analyzes the potential impact of criminal procedure reforms on pretrial detention rates. It also discusses whether more general ‘rule of law‘ reforms promoted by international donor organizations like the World Bank can affect the abuses associated with prolonged pretrial detention--whether, in other words, the circle may be squared between economic development and human rights. In addition, this Article describes the adoption of central elements of an American-style adversarial system in Latin America and its prospects for influencing judicial reform. It argues that …


Latent Justice: Daubert's Impact On The Evaluation Of Fingerprint Identification Testimony, Jessica M. Sombat Jan 2002

Latent Justice: Daubert's Impact On The Evaluation Of Fingerprint Identification Testimony, Jessica M. Sombat

Fordham Law Review

No abstract provided.


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.


An Argument Against The Arbitrary Acceptance Of Guilty Pleas As Statements Against Interest, Mary Cecilia Sweeney-Kwok Jan 2002

An Argument Against The Arbitrary Acceptance Of Guilty Pleas As Statements Against Interest, Mary Cecilia Sweeney-Kwok

Fordham Law Review

No abstract provided.


Client Choices, Community Values: Why Faith-Based Legal Services Providers Are Good For Poverty Law, Melanie D. Acevedo Jan 2002

Client Choices, Community Values: Why Faith-Based Legal Services Providers Are Good For Poverty Law, Melanie D. Acevedo

Fordham Law Review

No abstract provided.


Keynote: Law, Lawyers, And The Pursuit Of Justice, Deborah L. Rhode Jan 2002

Keynote: Law, Lawyers, And The Pursuit Of Justice, Deborah L. Rhode

Fordham Law Review

No abstract provided.


Grieving Criminal Defense Lawyers, Dennis E. Curtis, Judith Resnik Jan 2002

Grieving Criminal Defense Lawyers, Dennis E. Curtis, Judith Resnik

Fordham Law Review

No abstract provided.


Judicial Rationalizations For Rationing Justice: How Sixth Amendment Doctrine Undermines Reform, Bruce A. Green Jan 2002

Judicial Rationalizations For Rationing Justice: How Sixth Amendment Doctrine Undermines Reform, Bruce A. Green

Fordham Law Review

No abstract provided.


Unjust Order: Malaysia's Internal Security Act, Nicole Fritz, Martin Flaherty Jan 2002

Unjust Order: Malaysia's Internal Security Act, Nicole Fritz, Martin Flaherty

Fordham International Law Journal

This Report represents the culmination of a year-long project undertaken by the Crowley Program to update the study of the use and impact of the Internal Security Act (ISA) in Malaysia in light of international law obligations. We reference first those international commitments that Malaysia has expressly adopted. However, these are very few--reflecting the antipathy felt by the Malaysian government for international obligations of this sort. Additionally, we have made reference to the generally-accepted international law provisions applicable in this context--intended both to demonstrate the extent to which the ISA deviates from widely-upheld international norms, even if those norms are …


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.


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.


The Removal Of Aliens Who Drink And Drive: Felony Dwi As A Crime Of Violence Under 18 U.S.C. § 16(B), Julie Anne Rah Jan 2002

The Removal Of Aliens Who Drink And Drive: Felony Dwi As A Crime Of Violence Under 18 U.S.C. § 16(B), Julie Anne Rah

Fordham Law Review

No abstract provided.


Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny J. White Jan 2002

Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny J. White

Fordham Urban Law Journal

This Article discusses judicial performance evaluations as a check on judicial independence. It covers numerous performance evaluation options for measuring accountability, such as bar and media polls, state judicial evaluation programs, and the ABA Guidelines for judicial performance. It discusses the pros and cons of these options. It concludes that the information provided by state judicial performance evaluations offers valuable insight into judicial criticisms and can give voters appropriate criteria to consider in judicial elections.


Mainstreaming Community Development: Business Strategies As Radical Approaches To Community Representation, Daniel S. Shah Jan 2002

Mainstreaming Community Development: Business Strategies As Radical Approaches To Community Representation, Daniel S. Shah

Fordham Urban Law Journal

This article argues that law school clinics are a means of providing positive change in representation in community development. Through a detailed case analysis of the Philadelphia Community Development Credit Union, the article illustrates how most technical assistance providers perpetuate an economic development structure which is contrary to consumer demand. These technical assistance providers carry out the goals and plans of the project funders (a top down approach) rather than focusing on the demands of the consumers. Community development clinics can step outside of the current market structure because they receive funding from independent sources and are thus able to …


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.


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.


Judiciary Ombudsman: Solving Problems In The Courts, Michele Bertran Jan 2002

Judiciary Ombudsman: Solving Problems In The Courts, Michele Bertran

Fordham Urban Law Journal

No abstract provided.


The Judicial Perspective, Jo Ann Ferdinand, William Schma, James Yates, Peggy Hora, John Martin Jan 2002

The Judicial Perspective, Jo Ann Ferdinand, William Schma, James Yates, Peggy Hora, John Martin

Fordham Urban Law Journal

No abstract provided.


Therapeutic Jurisprudence, Neo-Rehabilitationism, And Judicial Collectivism: The Least Dangerous Branch Becomes The Most Dangerous, Morris Hoffman Jan 2002

Therapeutic Jurisprudence, Neo-Rehabilitationism, And Judicial Collectivism: The Least Dangerous Branch Becomes The Most Dangerous, Morris Hoffman

Fordham Urban Law Journal

No abstract provided.


The Agony Of Ecstasy: Reconsidering The Punitive Approach To United States Drug Policy, Amanda Kay Jan 2002

The Agony Of Ecstasy: Reconsidering The Punitive Approach To United States Drug Policy, Amanda Kay

Fordham Urban Law Journal

No abstract provided.


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.