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Articles 1231 - 1260 of 1757
Full-Text Articles in Entire DC Network
Northern Ireland Policing Reform And The Intimidation Of Defense Lawyers, Molly R. Murphy
Northern Ireland Policing Reform And The Intimidation Of Defense Lawyers, Molly R. Murphy
Fordham Law Review
No abstract provided.
Ethics In Criminal Advocacy, Symposium, The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy Mashburn
Ethics In Criminal Advocacy, Symposium, The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy Mashburn
Fordham Law Review
No abstract provided.
Ethics In Criminal Advocacy, Symposium, The Ethics And Professionalism Of Prosecutors In Discretionary Decisions, Ellen S. Podgor
Ethics In Criminal Advocacy, Symposium, The Ethics And Professionalism Of Prosecutors In Discretionary Decisions, Ellen S. Podgor
Fordham Law Review
No abstract provided.
Truth And Consequences, Stephen Ellmann
What Do You Do When You Meet A Walking Violation Of The Sixth Amendment If You're Trying To Put That Lawyer's Client In Jail, Vanessa Merton
What Do You Do When You Meet A Walking Violation Of The Sixth Amendment If You're Trying To Put That Lawyer's Client In Jail, Vanessa Merton
Fordham Law Review
[A] prosecutor…enters a courtroom to speak for the People and not just some of the People. The prosecutor speaks not solely for the victim, or the police, or those who support them, but for all the People. That body of "The People" includes the defendant and his family and those who care about him
Discrediting The Truthful Witness: Demonstrating The Reality Of Adversary Advocacy, Eleanor W. Myers, Edward D. Ohlbaum
Discrediting The Truthful Witness: Demonstrating The Reality Of Adversary Advocacy, Eleanor W. Myers, Edward D. Ohlbaum
Fordham Law Review
No abstract provided.
Stein Center For Law And Ethics Amicus Brief In Michael Wayne Williams V. John B. Taylor, Lawrence Fox
Stein Center For Law And Ethics Amicus Brief In Michael Wayne Williams V. John B. Taylor, Lawrence Fox
Amicus Briefs
No abstract provided.
Stein Center For Law And Ethics Amicus Brief In Anthony Braden Bryan V. Michael Moore, Bruce Green
Stein Center For Law And Ethics Amicus Brief In Anthony Braden Bryan V. Michael Moore, Bruce Green
Amicus Briefs
No abstract provided.
1998-1999 Dean's Report, John D. Feerick
U.S. Mutual Assistance To Colombia: Vague Promises And Diminishing Returns, Luz Estella Nagle
U.S. Mutual Assistance To Colombia: Vague Promises And Diminishing Returns, Luz Estella Nagle
Fordham International Law Journal
This Article addresses mutual assistance between the United States and Colombia and the issues surrounding the drug war. Part I examines past and present cooperative agreements, the goals of the agreements in the context of national and regional security, and the reasons the agreements have or have not succeeded. Part II discusses current U.S. aid policy toward Colombia and the problems the United States will face if assistance proceeds as planned. Part III presents a critical view of Colombia as a nation unable to deal successfully with its many political, social, and moral crises, and incapable of living up to …
Some Thoughts On Restoration, Reintegration And Justice In The Transnational Context, Mark Andrew Sherman
Some Thoughts On Restoration, Reintegration And Justice In The Transnational Context, Mark Andrew Sherman
Fordham International Law Journal
This Essay argues that all actors – prosecutors, judges, and defense counsel – should care about what happens to foreign offenders following a judgment of conviction or entrance of a guilty plea, and that transnational correctional processes should be constructed and used to facilitate restoration of the victim and victimized community, and rehabilitation and reintegration of the offender. This is critical because, as in the domestic context, decisions about where and how foreign offenders are to be punished have much to do with whether justice is achieved for victims, affected communities, and offenders.
A Prosecutor's Use Of Inconsistent Factual Theories Of A Crime In Successive Trials: Zealous Advocacy Or A Due Process Violation?, Michael Q. English
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.
Evaluating Effective Lawyer-Client Communication: An International Project Moving From Research To Reform, Clark D. Cunningham
Evaluating Effective Lawyer-Client Communication: An International Project Moving From Research To Reform, Clark D. Cunningham
Fordham Law Review
No abstract provided.
Multiple Communities Or Monolithic Clients: Positional Conflicts Of Interest And The Mission Of The Legal Services Lawyer, Peter Margulies
Multiple Communities Or Monolithic Clients: Positional Conflicts Of Interest And The Mission Of The Legal Services Lawyer, Peter Margulies
Fordham Law Review
No abstract provided.
Bibliography To The Conference On The Delivery Of Legal Services To Low-Income Persons: Professional And Ethical Issues
Fordham Law Review
No abstract provided.
The Civil Regulation Of Prosecutors, Lesley E. Williams
The Civil Regulation Of Prosecutors, Lesley E. Williams
Fordham Law Review
No abstract provided.
The Independent Counsel Investigation, The Impeachment Proceedings, And President Clinton's Defense: Inquiries Into The Role And Responsibilities Of Lawyers, Symposium, Fool For A Client: Some Reflections On Representing The President, Margaret Raymond
Fordham Law Review
No abstract provided.
The Independent Counsel Investigation, The Impeachment Proceedings, And President Clinton's Defense: Inquiries Into The Role And Responsibilities Of Lawyers, Symposium, Cooperation With Federal Prosecutors: Experiences Of Truth Telling And Embellishment, Ellen Yaroshefsky
Fordham Law Review
No abstract provided.
Prosecution And Punishment Of The Crime Of Genocide, Johan D. Van Der Vyver
Prosecution And Punishment Of The Crime Of Genocide, Johan D. Van Der Vyver
Fordham International Law Journal
Part I of this Article scrutinizes the current definition of genocide in view of its theoretical circumscription in the Genocide Convention and with special reference to the judgment of the International Criminal Tribunal for Rwanda in Prosecutor v. Akayesu. Part II considers the validity and the application of the principle of universal jurisdiction to the crime of genocide, and the consequent duty of states to bring perpetrators of genocide to justice. Part III focuses on the jurisdiction ratione materia of the ICC regarding the crime of genocide. Part IV will pay special attention to the prosecution of genocide in the …
History Repeating Itself: The (D)Evolution Of Recent British And Antiterrorist Antiterrorism Legislation, Gregory C. Clark
History Repeating Itself: The (D)Evolution Of Recent British And Antiterrorist Antiterrorism Legislation, Gregory C. Clark
Fordham Urban Law Journal
Through a study of historical development, this note compares the current antiterrorism legislation in the United States and the United Kingdom. In Part I, the author first sets out the history of British attempts to counter terrorism looking specifically at Northern Ireland. He then discusses parallel American law noting the numerous civil rights violations that came with the laws of each country. In Part II, the author investigates provisions of the United State’s Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), and Britain’s Northern Ireland (Emergency Provisions) Act of 1998 (“EPA”) and Criminal Justice (Terrorism and Conspiracy) Act of …
Friends Of The Court? The Ethics Of Amicus Brief Writing In First Amendment Litigation, Allison Lucas
Friends Of The Court? The Ethics Of Amicus Brief Writing In First Amendment Litigation, Allison Lucas
Fordham Urban Law Journal
This Article explores the ethics of writing amicus briefs as they relate to defamation and privacy issues by focusing on two specific cases, Rice v. Paladin and Khawar v. Globe, International. It begins with a history of amicus curaie briefs, followed by a discussion of the two cases. In Paladin, a family sued a publishing company arguing that a book it published aided and abetted a murder. In Khawar, a photo was wrongly placed in a book and was subsequently printed in a newspaper. In both cases, amicus briefs were submitted on the part of the defendants from large media …
Extradition, Evidence Gathering, And Their Relatives In The Twenty-First Century: A U.S. Defense Counsel Perspective, Bruce Zagaris
Extradition, Evidence Gathering, And Their Relatives In The Twenty-First Century: A U.S. Defense Counsel Perspective, Bruce Zagaris
Fordham International Law Journal
The United States is serving as a laboratory to resolve the tension between globalization, rising transnational criminality, and the demand for enhanced human rights. This Essay reviews selected areas of evidence gathering and extradition in transnational crime and closely related areas. The perspective will focus particularly on the rights of defendants.
Starr, Singleton, And The Prosecutor's Role, David A. Sklansky
Starr, Singleton, And The Prosecutor's Role, David A. Sklansky
Fordham Urban Law Journal
This article discusses the lessons contained in States v. Singleton and the system that has been adopted for investigating and prosecuting high executive officers. After describing Singleton and the tumult it triggered in Part I of this Article, Part II returns to the Starr Referral and poses a question that may at first seem idle: what distinguishes Starr's promises to Lewinsky in exchange for her testimony from the efforts he charges the President made to help find her a job? Part III of the Article broadens the focus. It argues there has been a general failure to think rigorously about …
A District Attorney's Decision Whether To Seek The Death Penalty: Toward An Improved Process, Jonathan Demay
A District Attorney's Decision Whether To Seek The Death Penalty: Toward An Improved Process, Jonathan Demay
Fordham Urban Law Journal
The most important variable affecting whether a defendant will be subject to the death penalty is often the particular ideology of the district attorney of a respective county. More subtle forms of arbitrariness, such as bias based upon race, gender and class, also pervade the process. Arguing that the dangers inherent in the present situation justify the imposition of controls over the exercise of prosecutorial discretion in the decision whether to seek the death penalty, Part I presents the nature and scope of prosecutorial discretion judicial review of that discretion and the influence that individual prosecutors can have in the …
Expanding New York's Dna Database: The Future Of Law Enforcement, Robert W. Schumacher Ii
Expanding New York's Dna Database: The Future Of Law Enforcement, Robert W. Schumacher Ii
Fordham Urban Law Journal
This Article discusses a proposal by New York City Police Commissioner Howard Safir to expand New York's DNA Database. The proposal would allow the police to obtain DNA from anyone arrested for a recordable offense. The Article describes how DNA is used by law enforcement from the molecular level to DNA databases. The Article then describes Safir's proposal, including the controversy surrounding Fourth Amendment privacy concerns and fears of potential misuse of the DNA information by law enforcement. Despite these concerns, in light of New York's recidivism rates, crime trends, administrative costs, and investigative efficiency, the Article argues that Safir's …
History Repeating Itself: The (D)Evolution Of Recent British And Antiterrorist Antiterrorism Legislation, Gregory C. Clark
History Repeating Itself: The (D)Evolution Of Recent British And Antiterrorist Antiterrorism Legislation, Gregory C. Clark
Fordham Urban Law Journal
Through a study of historical development, this note compares the current antiterrorism legislation in the United States and the United Kingdom. In Part I, the author first sets out the history of British attempts to counter terrorism looking specifically at Northern Ireland. He then discusses parallel American law noting the numerous civil rights violations that came with the laws of each country. In Part II, the author investigates provisions of the United States’ Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), and Britain’s Northern Ireland (Emergency Provisions) Act of 1998 (“EPA”) and Criminal Justice (Terrorism and Conspiracy) Act of …
Sexual/Gender Identity In The Criminal Courts, Alexis Baden-Mayer, Hon. Paul G. Feinman, Lori Cohen, Hon. Michael A. Sonberg
Sexual/Gender Identity In The Criminal Courts, Alexis Baden-Mayer, Hon. Paul G. Feinman, Lori Cohen, Hon. Michael A. Sonberg
Fordham Urban Law Journal
This discussion focuses on the criminal justice system, particularly where LGBT individuals are currently being harmed, both by the courts, enforcement, and the system generally. The panelists identified the major harms, and explored ways to eliminate them from the system. The discussion specifically focused on the limitations of domestic violence programs, and the challenges they pose to the community. The panelists also discussed the significance of HIV in criminal justice decision making.
Regulating The Market For Snitches , Ian Weinstein
Regulating The Market For Snitches , Ian Weinstein
Faculty Scholarship
These are boom times for the sellers and buyers of cooperation in the federal criminal justice system. While prosecutors have always welcomed the assistance of snitches, tougher federal sentencing laws have led to a significant increase in cooperation as more defendants try to provide "substantial assistance in the investigation or prosecution of another person," to have some chance of receiving a significant sentence reduction. In 1996 one of every five defendants sentenced in the federal courts won mitigation by providing substantial assistance. Many more defendants tried but failed to close the deal. The overheated cooperation market is creating serious problems …
We Have Seen The Enemy: Scenes From A Trial, Robert E. Precht
We Have Seen The Enemy: Scenes From A Trial, Robert E. Precht
Fordham Urban Law Journal
This Article examines two traps that are particularly likely to undermine prosecutorial decision-making--the confirming-evidence trap and the anchoring trap. During the World Trade Center bombing trial, at which the author served as defense counsel, prosecutors stumbled into both of these traps. Part I of this Article examines the confirming-evidence trap in the context of the prosecution's failure to accept contradictory evidence regarding the material used in the bomb. Part II similarly examines the anchoring trap in light of the debacle that occurred during testimony by the prosecution's main witness. In addition to examining these episodes, the Article concludes that prosecutors …
Working Outside The Rules: The Undefined Responsibilities Of Federal Prosecutors, Laurie L. Levenson
Working Outside The Rules: The Undefined Responsibilities Of Federal Prosecutors, Laurie L. Levenson
Fordham Urban Law Journal
This Article discusses the undefined responsibilities of federal prosecutors. For purposes of example, the essay focuses primarily on five situations in which federal prosecutors are often expected to operate "outside" of the rules, including: charging and investigative decisions, discovery, plea bargaining, dealing with the press, and sentencing decisions. While there are "rules" in each of these areas, they take a back seat to the discretionary powers prosecutors are expected to exercise wisely when performing their duties. In judging whether there has been an appropriate exercise of those powers, it is not the rules that will govern society's judgment. Rather, the …