Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Fordham Law School

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 1111 - 1140 of 1757

Full-Text Articles in Entire DC Network

Catholic Social Teaching And American Legal Perspective, Avery Cardinal Dulles, S.J. Jan 2002

Catholic Social Teaching And American Legal Perspective, Avery Cardinal Dulles, S.J.

Fordham Urban Law Journal

This Essay examines possible applications of Catholic social teachings to the practice and teaching of law. The author lists five major topics within Catholic social teaching: human dignity, the common good, solidarity, subsidiarity, and care of the environment. He then lists ways in which these ideals may be realized through the practice of law, including education, litigation, counseling, judging, and legislation.

Go to article

Crime And Consciousness: Science And Involuntary Acts , Deborah W. Denno Jan 2002

Crime And Consciousness: Science And Involuntary Acts , Deborah W. Denno

Faculty Scholarship

This Article confronts this clash between legal and scientific perspectives on consciousness by proposing new ways to structure the voluntary act requirement so that it incorporates the insights of modern science on the human mind. Part I examines the criminal law's voluntary act requirement, particularly in the context of the MPC's influential provision, which reflects the law and psychology of the era in which the MPC was originally developed--the 1950s. Part II analyzes the new science of “consciousness,” a term that typically refers to the sum of a person's thoughts, feelings, and sensations, as well as the everyday circumstances and …

Go to article

Furthering Justice By Improving The Adversary System And Making Lawyers More Accountable, Roger C. Cramton Jan 2002

Furthering Justice By Improving The Adversary System And Making Lawyers More Accountable, Roger C. Cramton

Fordham Law Review

No abstract provided.

Go to article

Don't Believe Everything You Think: Cognitive Bias In Legal Decision Making, Ian Weinstein Jan 2002

Don't Believe Everything You Think: Cognitive Bias In Legal Decision Making, Ian Weinstein

Faculty Scholarship

This article discusses the role of cognitive bias in legal decision making. Drawing on research in cognitive science and law, it explores the impact of cognitive bias on both lawyers and clients. These often subtle mental biases can lead to pervasive errors in decision making by causing us to ignore important information and make inaccurate predictions. They may lead a client to underestimate the risk of litigation. They may also lead a lawyer to miscategorize a client's value choice as a misjudgement of fact. The article offers illustrative stories of the impact of bias on both client and lawyer and …

Go to article

Transitional Justice In A New Era, Ruti G. Teitel Jan 2002

Transitional Justice In A New Era, Ruti G. Teitel

Fordham International Law Journal

This Essay offers an evaluation of the status of transitional justice in the wake of the new century and millennium. This Essay analyzes the evolution and direction of transitional justice in the new era and makes three observations about the current directions in transitional justice developments. Part I contend that while transitional justice is associated with a universal rights discourse, in recent decades of heightened transition, the conception of transitional justice has been closely associated with diverse nation-building projects and related local understandings of the rule of law and legitimacy. Part II addresses the ways contemporary transitional justice reflects its …

Go to article

Rights And Reasons: Challenges For Truth Recovery In South Africa And Northern Ireland, Brandon Hamber Jan 2002

Rights And Reasons: Challenges For Truth Recovery In South Africa And Northern Ireland, Brandon Hamber

Fordham International Law Journal

This Essay will argue that any transitional mechanism must be by its nature and temporal historical location a politically contested instrument. This can have differing political and social impacts, and impact on the human rights culture in the society in question. Based on the South African Truth and Reconciliation Commission ("TRC") experience, two rights-based issues -- namely, human rights and victims' rights -- will be discussed.

Go to article

Local Meets Global: Transitional Justice In Northern Ireland, Colm Campbell, Fionnuala Ní Aoláin Jan 2002

Local Meets Global: Transitional Justice In Northern Ireland, Colm Campbell, Fionnuala Ní Aoláin

Fordham International Law Journal

Part I of the Essay assesses the current state of global transitional discourses in light of the critique of current developments offered by Ruti Teitel, William Schabas, Brandon Hamber, Kathleen Cavanaugh and others. This is followed in Part II by an examination of the distinctiveness of the broad contours of the Northern Ireland transition, setting the scene for an exploration of more discrete themes affecting the region: the problem of the past (Part III); and the dynamics of institutional change (Part IV). Part V offers some conclusions.

Go to article

On Law, Politics And Contemporary Constitutionalism, Colin Harvey Jan 2002

On Law, Politics And Contemporary Constitutionalism, Colin Harvey

Fordham International Law Journal

Is the political process, with all its difficulties, merely reflective of contemporary constitutionalism? Are the problems an aspect of ongoing inter-communal dialogue? To what extent are existing difficulties exacerbated by a general failure to grasp the difference between the logic of law and political theory and practice? These questions are addressed here in three basic stages: first, the relationship between legal logic and political practice is examined; secondly, the implications of contemporary constitutionalism are explored; and, finally, the agreement and disagreements over its implementation are analyzed.

Go to article

Beyond The "Constitutional Moment": Law, Transition, And Peacemaking In Northern Ireland, Kieran Mcevoy, John Morison Jan 2002

Beyond The "Constitutional Moment": Law, Transition, And Peacemaking In Northern Ireland, Kieran Mcevoy, John Morison

Fordham International Law Journal

Our focus in this Article is not predominantly on the doctrinal intricacies of the constitutional framework in Northern Ireland. In fact, while we acknowledge the considerable sophistication of that framework, one of our contentions is that an overly legalistic focus on the shape and forms of constitutional architecture masks key questions concerning the broader political and ideological role of constitution-making. We will argue that the particular exigencies of constitution-making in a post-conflict society require a broader understanding of the notion and role of constitutional law. We attempt to trace the source of constitutional ideas in the jurisdiction, and the role …

Go to article

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?

Go to article

Dealing With The Past In Northern Ireland, Christine Bell Jan 2002

Dealing With The Past In Northern Ireland, Christine Bell

Fordham International Law Journal

This Article "audits" Northern Ireland's discrete mechanisms for dealing with the past, with a view to exploring the wider transitional justice debates. An assessment of what has been done so far is vital to considering what the goals of addressing the past might be, what future developments are useful or required, and what kind of mechanisms might successfully be employed in achieving those goals.

Go to article

Transitional Policing Arrangements In Northern Ireland: The Can't And The Won't Of The Change Dialectic, Mary O'Rawe Jan 2002

Transitional Policing Arrangements In Northern Ireland: The Can't And The Won't Of The Change Dialectic, Mary O'Rawe

Fordham International Law Journal

This Article will chart the extent to which this phenomenon has been and is recurring in Northern Ireland since the period of the 1994 Irish Republican Army ("IRA") ceasefire. It will examine the dangers in underestimating the capacity of institutions, structures, and individuals to resist change. It will also explore the potential of such resistance to claw back gains that on the face of it have already been made in formal inter-party negotiations. In the process, the Article will seek to identify why real change in policing is both so important and so difficult in a society seeking to leave …

Go to article

Recognizing The Interdependence Of Rights In The Antidiscrimination Context Through The World Conference Against Racism , Catherine Powell, Jennifer H. Lee Jan 2002

Recognizing The Interdependence Of Rights In The Antidiscrimination Context Through The World Conference Against Racism , Catherine Powell, Jennifer H. Lee

Faculty Scholarship

This background paper assesses the importance of integrating gender into efforts to address racial discrimination and related intolerance in the WCAR process. While this background paper primarily focuses on racial discrimination, the analysis may be applied to xenophobia and related intolerance where these experiences are "raced" experiences. Addressing these forms of intolerance in a comprehensive manner requires unmasking the ways in which race intersects with gender and other status. A gender analysis is needed to make racism more fully visible, because "racial discrimination does not always affect men and women equally or in the same way." Women often experience compounded …

Go to article

Ethical Lawyering And The Possiblity Of Integrity, Sharon Dolovich Jan 2002

Ethical Lawyering And The Possiblity Of Integrity, Sharon Dolovich

Fordham Law Review

No abstract provided.

Go to article

"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.

Go to article

Constructing The Practices Of Accoutability And Professionalism: A Comment On In The Interests Of Justice, Susan Sturm Jan 2002

Constructing The Practices Of Accoutability And Professionalism: A Comment On In The Interests Of Justice, Susan Sturm

Fordham Law Review

No abstract provided.

Go to article

The Search For Reasonableness In Use-Of-Force Cases: Understanding The Effects Of Stress On Perception And Performance, Seth D. Ducharme Jan 2002

The Search For Reasonableness In Use-Of-Force Cases: Understanding The Effects Of Stress On Perception And Performance, Seth D. Ducharme

Fordham Law Review

No abstract provided.

Go to article

The Supreme Court, The Violence Against Women Act, And The Use And Abuse Of Federalism, Sally F. Goldfarb Jan 2002

The Supreme Court, The Violence Against Women Act, And The Use And Abuse Of Federalism, Sally F. Goldfarb

Fordham Law Review

No abstract provided.

Go to article

Walter Mickens, Jr. V. John B. Taylor, Warden, Lawrence Fox Jul 2001

Walter Mickens, Jr. V. John B. Taylor, Warden, Lawrence Fox

Amicus Briefs

No abstract provided.

Go to article

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 …

Go to article

Mainstream Legal Responses To Domestic Violence Versus Real Needs Of Diverse Communities, Elizabeth Murno, Jessica F. Vasquez Jan 2001

Mainstream Legal Responses To Domestic Violence Versus Real Needs Of Diverse Communities, Elizabeth Murno, Jessica F. Vasquez

Fordham Urban Law Journal

Keynote speaker Marcia Ann Gillespie, editor-in-chief of Ms. Magazine, discussed the importance of getting to the root of what makes violence against women. She stressed the importance of looking at what makes men act violent, taking down barriers of reporting violence, and analyzing other contributing factors. Panelist Aurora Salamone from the New York City Department for the Aging then discussed domestic abuse against elders, stressing that domestic violence in the household does not all the sudden stop at a certain age. Panelist Kimberly A. Madden from from the Jewish Association for Services of the Aged discussed how violence against elders …

Go to article

Sorting Out Federal And State Judicial Roles In State Insitutional Reform: Abstention's Potential Role, Charles R. Wise, Robert K. Christensen Jan 2001

Sorting Out Federal And State Judicial Roles In State Insitutional Reform: Abstention's Potential Role, Charles R. Wise, Robert K. Christensen

Fordham Urban Law Journal

The U.S. Supreme Court has given federal courts the authority to abstain from hearing certain cases and defer to state courts in some cases where constitutional or federal statutory rights have been violated. This piece attempts to clarify the abstention requirements and provide a clear rationale for the doctrine. Part I of this piece discusses the origin and development of the abstention doctrine, focusing specifically on the Burford abstention, a kind of abstention particularly salient to institutional reform cases. Part I also illustrates the inconsistencies inherent in the application of the abstention doctrine in its current form. Parts II and …

Go to article

Current Apathy For Coming Anarchy: Building The Special Court For Sierra Leone, Nicole Fritz, Alison Smith Jan 2001

Current Apathy For Coming Anarchy: Building The Special Court For Sierra Leone, Nicole Fritz, Alison Smith

Fordham International Law Journal

Part I of this Article examines the chronology of the decade-long conflict in Sierra Leone. It provides an illuminating backdrop against which the Special Court may be assessed and highlights particular features that the institutional design of the Special Court would have to accommodate. Part II explores the precedents for the Special Court. Specifically, it considers the establishment of the International Criminal Tribunal for the Former Yugoslavia ("ICTY") and the International Criminal Tribunal for Rwanda ("ICTR"), and the impetus behind the International Criminal Court, developments that parallel in time the unfolding of Sierra Leone's conflict. Part III subjects particular features …

Go to article

Introduction- Twenty-Five Years Of The Fordham International Law Journal, Joseph C. Sweeney Jan 2001

Introduction- Twenty-Five Years Of The Fordham International Law Journal, Joseph C. Sweeney

Fordham International Law Journal

A review of the history of the Fordham ILJ. It is a partial reprint of an essay published in 20 FORDHAM INT'L L.J. 1 (1996). The essay attempts to briefly summarize the purpose of the ILJ and past volumes.

Go to article

The Yugoslav Truth And Reconciliation Commission: A Shaky Start, Jelena Pejic Jan 2001

The Yugoslav Truth And Reconciliation Commission: A Shaky Start, Jelena Pejic

Fordham International Law Journal

The purpose of this Essay is to examine the establishment of the Yugoslav Truth and Reconciliation Commission and to draw some early conclusions on whether it will be capable of rendering the facts that I would so desperately like my uncle to face. The first part will deal with the need for a Truth and Reconciliation Commission, while the second part will outline and then comment on its basic documents. The assumption is that the reader is basically familiar with the work of similar commissions around the world and the text will therefore not attempt to repeat the literature on …

Go to article

The Prosecution Of Persons Who Sexually Exploit Children In Countries Other Than Their Own: A Model For Amending Existing Legislation, Daniel Edelson Jan 2001

The Prosecution Of Persons Who Sexually Exploit Children In Countries Other Than Their Own: A Model For Amending Existing Legislation, Daniel Edelson

Fordham International Law Journal

Part I of this Note describes child sex tourism, focusing on both the tourists and their victims. Additionally, Part I discusses extraterritorial legislation as a means to combat child sex tourism. Part II presents country specific examples of extraterritorial legislation against the sexual exploitation of children. Part III sets forth a model of extraterritorial legislation against child sex tourism as well as non-legislative steps that countries should take in response to child sex tourism. Finally, Part III recommends changes that the United States should adopt to more effectively address child sex tourism.

Go to article

Access To Justice, Deborah L. Rhode Jan 2001

Access To Justice, Deborah L. Rhode

Fordham Law Review

No abstract provided.

Go to article

Plea Bargaining In The Shadow Of Death, Joseph L. Hoffmann, Marcy L. Kahn, Steven W. Fisher Jan 2001

Plea Bargaining In The Shadow Of Death, Joseph L. Hoffmann, Marcy L. Kahn, Steven W. Fisher

Fordham Law Review

No abstract provided.

Go to article

An Assessment Of The Icc Statute, Roy S. Lee Jan 2001

An Assessment Of The Icc Statute, Roy S. Lee

Fordham International Law Journal

The large number of signature States together with the current speed of ratification from various regions of the world seems to indicate the general acceptance of the treaty; many of the problems first identified have since been clarified and resolved. It seems reasonable to expect the Rome Statute to come into operation as early as next summer. While it is necessary to ensure effective criminal investigation and prosecution to counter serious human rights violations, we need also to develop additional ways and means for addressing the root causes that led to violations and impunity. Justice is important but justice alone …

Go to article

The Hyde Amendment And Prosecutorial Investigation: The Promise Of Protection For Criminal Defendants, Lynn R. Singband Jan 2001

The Hyde Amendment And Prosecutorial Investigation: The Promise Of Protection For Criminal Defendants, Lynn R. Singband

Fordham Urban Law Journal

This Comment first describes federal prosecutors' broad charging discretion and the resulting potential for abuse. It then discusses how current interpretations of the Hyde Amendment have failed to establish a standard of conduct for federal prosecutors different from that established by preexisting laws, internal regulations, and ethics rules. Finally, it argues that the Hyde Amendment offers the courts an important opportunity to issue opinions detailing how federal prosecutors should exercise their charging discretion. This Comment concludes that courts should take advantage of this opportunity to establish a more exact standard of conduct for prosecutors conducting investigations and thereby offer defendants …

Go to article

First Prev Next Last