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Articles 1201 - 1230 of 1757
Full-Text Articles in Entire DC Network
Forgiveness And The Law, Martha Minow
Forgiveness And The Law, Martha Minow
Fordham Urban Law Journal
A discussion of the role of forgiveness in the law, substituting forgiveness for the law, and whether or not the law can or should pursue higher moral ambitions
Welcoming Remarks, John Ferrick
Welcoming Remarks, John Ferrick
Fordham Urban Law Journal
Opening remarks of Dean John Ferrick at the Ninth Annual Stein Center Symposium on the Role of Forgiveness in the Law.
Forgiveness In The Civil Law, Jacqueline Nolan-Haley
Forgiveness In The Civil Law, Jacqueline Nolan-Haley
Fordham Urban Law Journal
A discussion of the role of forgiveness in civil law, specifically relating to bankruptcy. Includes an audience question-and-answer session.
Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)
Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)
Fordham Urban Law Journal
A discussion of the role of forgiveness in international amnesty. Includes an audience question-and-answer session.
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Fordham Urban Law Journal
A discussion of the President's ability to grant Federal Pardons, and the moral and political factors which influence the exercise of that power. The article proposes that the President has a duty to pardon, not so much as to do justice in particular cases, but to be merciful as a more general obligation of office.
Forgiveness And Public Trust, Linda Ross Meyer
Forgiveness And Public Trust, Linda Ross Meyer
Fordham Urban Law Journal
A discussion of forgiveness and its relation to the community as a whole. The author argues that forgiveness is not merely personal, emotional, nor private, but rather that forgiveness grounds the basic trust which binds the community together.
Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle
Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle
Fordham Urban Law Journal
This article discusses the psychological meaning of forgiveness and its relation to the criminal justice system. Includes a discussion of the four phases of the development progression of forgiveness.
Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman
Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman
Fordham Urban Law Journal
This essay advocates the role of forgiveness within the criminal justice system, particularly from a prosecutor's perspective, and discusses common impediments to its increased presence and the leadership needed to allow it to develop within the system.
Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr.
Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr.
Fordham Urban Law Journal
This article discusses the role of forgiveness in the criminal justice system, and explores related concepts of empathy, restorative justice, and truth and reconciliation.
Drug Policy Alternatives- A Response From The Bench, John Curtin
Drug Policy Alternatives- A Response From The Bench, John Curtin
Fordham Urban Law Journal
The article begins by discussing the tremendous financial and social cost incurred by drug use and regulation. It then discusses some positive efforts to deal with the problem such as legalization and decriminalization. The article then states that it will take time to figure out the extent of legalization needed, and until that is figured out we need to focus efforts on harm reduction. The article then addresses whether the constitution bans drugs at all. Finally, the article concludes by stating that we can never hope to fully eliminate drug use, we can only hope to contain it, and gives …
Institutionalizing Innovation: The New York Drug Court Story, John Feinblatt, Greg Berman, Aubrey Foxx
Institutionalizing Innovation: The New York Drug Court Story, John Feinblatt, Greg Berman, Aubrey Foxx
Fordham Urban Law Journal
The article begins by discussing the problems that drug use is causing in the American Criminal Justice System. The article then discusses the use of "drug courts," which have proven effective in reducing drug use and recidivism. It then looks at the potential benefit of drug courts to the criminal justice system and states some of the questions pertaining to drug courts, such as limits and the requirement of specialized judges. The article concludes by looking at what critics have said about the use of drug courts, and by stating that the drug court idea is worth trying.
Our Drug Laws Have Failed - So Where Is The Desperately Needed Meaningful Reform?, David C. Leven
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, …
Is Our Drug Policy Effective, Jefferson M. Fish
Is Our Drug Policy Effective, Jefferson M. Fish
Fordham Urban Law Journal
The article begins by stating that the time has come for a reexamination of our drug policy. It continues by discussing the two day conference "Is Our Drug Policy Effective?" "Are There Alternatives?" organized by several committee's. Because of space constraints, the article mainly delves into two topics, certain substances both licit and illicit with regard to both their physiological effects and the policies governing them, and also the disproportionate emphasis placed by the war on drugs on combating marijuana. The article then gives summaries of the speakers at the conference. These include: Objectives of our drug policy, overviews of …
The New Policing, Philip B. Heymann
The New Policing, Philip B. Heymann
Fordham Urban Law Journal
This article explores new forms of policing in New York, Chicago, and Boston. These cities developed new policing strategies that each involves a different combination of problem solving and new forms of "community policing". The article explores whether these developments resulted in crime reduction and changes in belief in the efficacy of policing. The article concludes by considering the costs of the resulting increased security - reduction in democratic control of policing and increased risk to civil liberties.
Street Stops And Broken Windows: Terry, Race, And Disorder In New York City, Jeffrey Fagan, Garth Davies
Street Stops And Broken Windows: Terry, Race, And Disorder In New York City, Jeffrey Fagan, Garth Davies
Fordham Urban Law Journal
This article explores patterns of police "stop and frisk" activity across New York City neighborhoods. While “Broken Windows” theory may account for higher stop and frisk activity for “quality of life” crimes, the authors suggest neighborhood characteristics like racial composition, poverty levels, and extent of social disorganization are strong predictors of race- and crime-specific stops. The authors consider whether street-stops in various neighborhoods comply with the Terry standard of reasonable suspicion as insight into the social and strategic meaning of policing. Their empirical evidence suggests policing focuses on policing poor people in poor places. Their strategy departs from "Broken Windows" …
Why Did People Stop Committing Crimes? An Essay About Criminology And Ideology, George L. Kelling
Why Did People Stop Committing Crimes? An Essay About Criminology And Ideology, George L. Kelling
Fordham Urban Law Journal
This essay considers the sharp decline in crime that was observed in 1994 in New York City and across the nation. The author suggests that crime reduction in various areas must be understood in a local context. This article discusses the steps New York City took prior to the observed crime reduction. The essay then discusses how urban renewal projects, weakening institutional control of youth behavior, and highly centralized facilities and strategies of law enforcement may have contributed to the violence of the 1980's. The author concludes that bad social policies contributed to elevated the crime rate and improvement of …
How Do We Reduce Crime And Preserve Human Decency? The Role Of Leadership In Policing For A Democratic Society, Benjamin B. Tucker
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.
Law And Disorder: Is Effective Law Enforcement Inconsistent With Good Police-Community Relations?, William J. Bratton, Andrew G. Celli, Paul Chevigny, Johnnie L. Cochran
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 …
Ethics In Criminal Advocacy, Symposium, The Neutral Prosecutor: The Obligation Of Dispassion In A Passionate Pursuit, H. Richard Uviller
Ethics In Criminal Advocacy, Symposium, The Neutral Prosecutor: The Obligation Of Dispassion In A Passionate Pursuit, H. Richard Uviller
Fordham Law Review
No abstract provided.
Plea Bargain Waivers Reconsidered: A Legal Pragmatist's Guide To Loss, Abandonment And Alienation, Daniel P. Blank
Plea Bargain Waivers Reconsidered: A Legal Pragmatist's Guide To Loss, Abandonment And Alienation, Daniel P. Blank
Fordham Law Review
No abstract provided.
Prosecutor's Duty To Disclose Exculpatory Evidence, Lisa M. Kurcias
Prosecutor's Duty To Disclose Exculpatory Evidence, Lisa M. Kurcias
Fordham Law Review
No abstract provided.
More Than Money, Justice Catherine Branson
More Than Money, Justice Catherine Branson
Fordham International Law Journal
In this Paper, I refer to probably the most disadvantaged sector of the Australian community, its indigenous peoples. I have chosen this group, because Aboriginal and Torres Strait Islander peoples have become a significant body of litigants in my Court since the Federal Court of Australia was given jurisdiction to make determinations of native land title. I will start by providing some limited information concerning indigenous Australians. This information, by necessity, glosses over the diverse experiences and lifestyles of the Aboriginal and Torres Strait Islander peoples, and indeed, the diversity of non-indigenous Australian experiences and lifestyles. Nonetheless, it reflects the …
Roundtable: Funding Strategies, Maria L. Imperial, Lorna Blake, Maria Dakolias, Daina Petrauskaite, Simon Rice, Nye Thomas
Roundtable: Funding Strategies, Maria L. Imperial, Lorna Blake, Maria Dakolias, Daina Petrauskaite, Simon Rice, Nye Thomas
Fordham International Law Journal
Led by moderator Maria L. Imperial, the panelists discussed funding strategies for legal services for the poor. Each panelist gave an overview of funding mechanisms in their home country (Canada, Lithuania, the United States, Australia).
The Perils Of Public Opinion, Deborah W. Denno
The Perils Of Public Opinion, Deborah W. Denno
Faculty Scholarship
Justice, Liability, and Blame: Community Views and the Criminal Law (“Justice”) is a rich, creative, and intriguing book with an ambitious goal: to examine the extent to which laypersons' views of justice (their “moral intuitions”) are reflected in current criminal codes. This Article discusses the significance of Justice's approach to understanding law and why the book is an excellent springboard for further research comparing community standards and legal codes. However, this Article particularly emphasizes the perils of incorporating public opinion into the law based upon three major sources: (1) this Article's own study of national and New Jersey demographic and …
The Ethical Role And Responsibilities Of A Lawyer-Ethicist Revisited: The Case Of The Independent Counsel's Neutral Expert Consultant, Samuel Dash
Fordham Law Review
No abstract provided.
Entrapment When The Spoken Word Is The Crime, James F. Ponsoldt, Stephen Marsh
Entrapment When The Spoken Word Is The Crime, James F. Ponsoldt, Stephen Marsh
Fordham Law Review
No abstract provided.
Above The Law: The Prosecutor's Duty To Seek Justice And The Performance Of Substantial Assistance Agreements, Ross Galin
Fordham Law Review
No abstract provided.
The Trend Toward Specialized Domestic Violence Courts: Improvements On An Effective Innovation, Betsy Tsai
The Trend Toward Specialized Domestic Violence Courts: Improvements On An Effective Innovation, Betsy Tsai
Fordham Law Review
No abstract provided.
Federal Juvenile Waiver Practices: A Contextual Approach To The Consideration Of Prior Delinquency Records, Randie P. Ullman
Federal Juvenile Waiver Practices: A Contextual Approach To The Consideration Of Prior Delinquency Records, Randie P. Ullman
Fordham Law Review
No abstract provided.
Ethics In Criminal Advocacy, Symposium, Forword: Ethics, Truth, And Justice In Criminal Litigation, Monroe H. Freedman
Ethics In Criminal Advocacy, Symposium, Forword: Ethics, Truth, And Justice In Criminal Litigation, Monroe H. Freedman
Fordham Law Review
No abstract provided.