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"Nice Work If You Can Get It": "Ethical" Jury Selection In Criminal Defense, Abbe Smith Jan 1998

"Nice Work If You Can Get It": "Ethical" Jury Selection In Criminal Defense, Abbe Smith

Fordham Law Review

No abstract provided.

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Life Before The Modern Sex Offender Statutes , Deborah W. Denno Jan 1998

Life Before The Modern Sex Offender Statutes , Deborah W. Denno

Faculty Scholarship

This Article examines the social and legal developments that fueled the origins and recurring problems of sex offender laws. Part I of this Article discusses the primary precursors of the sexual psychopath statutes that encouraged the public's and politicians' acceptance of the concept of sexual psychopathy: the increasing sexualization of American society, changes in gender roles and relations, the valuation of children and the family unit, and the influx of psychiatry. Part II describes how the diagnosis of sexual psychopathy slowly developed as a result of the criminal justice system's growing tendency to explain criminal behavior in psychoanalytic terms. Part …

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Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights: Introduction, Catherine Powell Jan 1998

Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights: Introduction, Catherine Powell

Faculty Scholarship

As we celebrate the Fiftieth Anniversary of the Universal Declaration of Human Rights, the idea of human rights endures. The human rights idea was honored at a conference organized by the Association of the Bar of the City of New York, held at Fordham Law School on December 10-12, 1999, to commemorate the first fifty years of the Universal Declaration of Human Rights. The four pieces that follow were presented at the conference as part of a panel addressing one of the central philosophical concerns regarding the human rights project: its universality. While the panel's title, "What is a Human …

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An Irish View Of The Northern Ireland Peace Agreement: The Interaction Of Law And Politics, David Byrne Jan 1998

An Irish View Of The Northern Ireland Peace Agreement: The Interaction Of Law And Politics, David Byrne

Fordham International Law Journal

They include the treatment of the issues of self-determination, consent, and the status of Northern Ireland in the Irish Constitution and in British constitutional legislation; the establishment of new democratic institutions in Northern Ireland on a partnership basis; the creation of formal new links between the two jurisdictions in Ireland through a North/South Ministerial Council and a number of related bodies exercising executive functions; and the development of wider connections within Britain and Ireland through a British-Irish Council involving the two governments and devolved institutions in Scotland, Wales, and Northern Ireland, as well as a continuing British-Irish Intergovernmental Conference. There …

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Peace Agreement - Or Last Piece In A Sellout Agreement?, Ian Paisley Jan 1998

Peace Agreement - Or Last Piece In A Sellout Agreement?, Ian Paisley

Fordham International Law Journal

Indeed, it is the distress caused by the content of the Agreement that has provoked such widespread alarm and division within Unionism. The proposals contained in the Agreement are not remarkably new in content, but they now have the endorsement of those who were previously opposed to such mechanisms that will fundamentally undermine the status of Northern Ireland within the Union and impose a system of government so alien that it is far removed from any known concept of democracy and fairness. According to the author's copy of the Mitchell draft, the UUP lost out on the number of seats …

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A Rational Discussion Of Current Drug Laws, Nicholas Deb. Katzenbach Jan 1998

A Rational Discussion Of Current Drug Laws, Nicholas Deb. Katzenbach

Fordham Urban Law Journal

This article that declaring a "war" on drugs was bad policy. It argues that the bad effects of the laws against drugs outweigh its benefits and argues for a new approach to legislation on drug use.

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Harnessing Payne: Controlling The Admission Of Victim Impact Statements To Safeguard Capital Sentencing Hearings From Passion And Prejudice, Beth E. Sullivan Jan 1998

Harnessing Payne: Controlling The Admission Of Victim Impact Statements To Safeguard Capital Sentencing Hearings From Passion And Prejudice, Beth E. Sullivan

Fordham Urban Law Journal

This article begins by tracing the historical development of victim impact evidence through Supreme Court jurisprudence and state legislation and analyzes their use in the sentencing of phase capital punishment trials. It argues that the Supreme Court's decision in Payne V Tennessee allowing a jury to consider victim impact evidence in capital punishment sentencing is troublesome in light of a capital punishment defendant's constitutional rights, the history of the death penalty and traditional sentencing procedures. It concludes with a proposal for guidelines to regulates the use of such evidence in capital punishment sentencing,

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Judicial Efficiency: Is There A Vacancy Crisis Threatening The Nation's Judicial System?, Panel Discussion Jan 1998

Judicial Efficiency: Is There A Vacancy Crisis Threatening The Nation's Judicial System?, Panel Discussion

Fordham Urban Law Journal

A panel composed of Honorable John F. Keenan, Michael Armstrong, Otto Obermaier, Honorable Michael Schattman, and Stephan Kline discuss whether the vacancy rate in the judiciary threatens erosion of the quality of justice. The panelists discuss whether the problem involves the White House's inability to work with the Senate Judiciary Committee, people of different persuasions, to move judicial candidates along. They also discuss how our system is dependent upon people who are older (senior judges), who are retired, who are entitled to move on, having to fill the vacancies. The panel discussion was followed by a short ceremony to unveil …

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Religious Symbols And Religious Garb In The Courtroom: A Catholic Lawyer And The Church's Social Teaching, F. Giba-Matthews Jan 1998

Religious Symbols And Religious Garb In The Courtroom: A Catholic Lawyer And The Church's Social Teaching, F. Giba-Matthews

Fordham Law Review

No abstract provided.

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Lawyering For A New Age, Judith S. Kaye Jan 1998

Lawyering For A New Age, Judith S. Kaye

Fordham Law Review

No abstract provided.

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Women, War, And Words: The Gender Component In The Permanent International Criminal Court's Definition Of Crimes Against Humanity, Brook Sari Moshan Jan 1998

Women, War, And Words: The Gender Component In The Permanent International Criminal Court's Definition Of Crimes Against Humanity, Brook Sari Moshan

Fordham International Law Journal

This Comment addresses the intersection of gender issues and human rights law as illustrated by the formation of the permanent ICC. Specifically, it argues that the inclusion of gender- motivated crimes in the ICC's definition of crimes against humanity was necessary to emphasize women's wartime experiences and injuries, but that such inclusion is not enough to ensure gender justice as the ICC begins to prosecute war crimes and crimes against humanity. Part I of this Comment discusses the concept of gender-based crimes and illustrates these crimes through recent examples of gender-based violence. It also reviews the history of the ICC, …

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Conflict In Northern Ireland After The Good Friday Agreement, Seamus Dunn, Jacqueline Nolan-Haley Jan 1998

Conflict In Northern Ireland After The Good Friday Agreement, Seamus Dunn, Jacqueline Nolan-Haley

Fordham International Law Journal

These include a "commitment to the mutual respect, the civil rights and the religious liberties of everyone in the community" and eight particular rights are spelled out: the "complete incorporation into Northern Ireland law of the European Convention on Human Rights, with direct access to the courts, and remedies for breach of the Convention, including powers for the courts to overrule Assembly legislation on the grounds of inconsistency"; a new Northern Ireland Human Rights Commission; a new statutory Equality Commission; a normalization of security arrangements and practice, including the reduction in the numbers and role of British Armed Forces deployed …

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The Criminal Cases Review Commission's Effectiveness In Handling Cases From Northern Ireland, Siobhan M. Keegan Jan 1998

The Criminal Cases Review Commission's Effectiveness In Handling Cases From Northern Ireland, Siobhan M. Keegan

Fordham International Law Journal

This Comment considers the Northern Ireland Criminal Cases Review Commission (CCRC), its establishment, and its likely effects on miscarriages of justice. Part I of this Comment considers British and Northern Irish law. Part I also highlights British law leading up to the creation of the CCRC and Northern Irish law in light of its unique elements. Part II explains the establishment of the CCRC, its powers, and structure. Additionally, Part II discusses various commentary on the creation of the CCRC. Part III analyzes the future effectiveness of the CCRC in correcting miscarriages of justice, paying particular attention to the case …

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Policing And Change In Northern Ireland: The Centrality Of Human Rights, Linda Moore Jan 1998

Policing And Change In Northern Ireland: The Centrality Of Human Rights, Linda Moore

Fordham International Law Journal

It is the contention of this Essay that the international principles of human rights must form the foundations of any future policing service in Northern Ireland. Leaving behind the sterile communalism that has characterized past approaches to policing in favor of a rights-based approach, would benefit all in Northern Ireland. A human rights policing framework would particularly relieve those living in working class communities, both catholic and protestant, who have borne the brunt of heavy policing policies and tactics. While acknowledging that no approach to policing reform can appease all shades of Northern Ireland's political and cultural opinion, the current …

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Prisoners, The Agreement, And The Political Character Of The Northern Ireland Conflict, Kieran Mcevoy Jan 1998

Prisoners, The Agreement, And The Political Character Of The Northern Ireland Conflict, Kieran Mcevoy

Fordham International Law Journal

This Essay first explores the historical context of prisoner release in Ireland, North and South. Second, the role of prisoners in the process of conflict resolution in the 1990s is examined in the periods before and after the breakdown of the first IRA cease- fire. The provisions within the Good Friday Agreement and subsequent legislation are then analyzed in so far as they relate to prisoner release as an incentive for peace among organizations outside the peace process, decommissioning, the victims of violence, and prisoner reintegration. Finally, this Essay argues that the "prisoner issue" represents a crucial acknowledgement by the …

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The Nature Of The Agreement, Brendan O'Leary Jan 1998

The Nature Of The Agreement, Brendan O'Leary

Fordham International Law Journal

This article contains the Ninth John Whyte Memorial Lecture which discusses the Multi-Party Negotiations, also known as the British-Irish agreement, which aimed to formalize the end of “The Troubles” in Ireland.

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Substantial Assistance And Sentence Severity: Is There A Correlation Substantial Assistance, Ian Weinstein Jan 1998

Substantial Assistance And Sentence Severity: Is There A Correlation Substantial Assistance, Ian Weinstein

Faculty Scholarship

How much more severe are sentences imposed in districts with low substantial assistance rates than those in which the rate is very high? In the aggregate, not at all. At first blush this may puzzle readers because substantial assistance (SA) departures are very unevenly distributed across districts and SA accounts for nearly two-thirds of all downward departures, almost 7,900 of the 12,000 in fiscal 1996. Although this pattern could result in gross disparities among districts, my analysis of inter-district sentencing patterns reveals no statistically significant correlation between the rate of SA departures and the average length of sentences imposed in …

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Our Administrative System Of Criminal Justice, Gerard E. Lynch Jan 1998

Our Administrative System Of Criminal Justice, Gerard E. Lynch

Fordham Law Review

In Honor of William M. Tendy. Bill Tendy was already a legend among federal prosecutors when I first served as an Assistant United States Attorney for the Southern District of New York in the early 1980s. To us youngsters, Bill even then seemed a survivor from another era, when prosecutors really did resemble the tough-talking Hollywood DAs played by actors like Brian Donleavy - while we felt more like insecure young lawyers who should be played by Michael J. Fox or Calista Flockhart. Partly, of course, this was just a function of age and experience; hard as it was to …

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Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis Jan 1998

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis

Fordham Law Review

No abstract provided.

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Bulletin Of Information 1997-1998, Fordham Law School Oct 1997

Bulletin Of Information 1997-1998, Fordham Law School

Law School Bulletins 1905-2000

Annual bulletin with academic calendar, school objectives & course of studies, faculty, administration, degrees conferred, course descriptions, fees & tuition, financial assistance, admission requirements, academic regulations, examinations & grades, student organizations, Alumni Association, nondiscrimination & affirmative action policies

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Access Rights: A Necessary Corollary To Custody Rights Under The Hague Convention On The Civil Aspects Of International Child Abduction, Priscilla Steward Jan 1997

Access Rights: A Necessary Corollary To Custody Rights Under The Hague Convention On The Civil Aspects Of International Child Abduction, Priscilla Steward

Fordham International Law Journal

This Note argues that the aspect of the Hague Abduction Convention addressing access rights is ineffective because it has forced some courts to misconstrue provisions of the Hague Abduction Convention in order to carry out the Convention's intent. This Note further argues that the burden of establishing the absence of a wrongful removal or retention should fall upon the parent who has removed the child. This Note also argues that the Hague Conference should amend the Convention to order a court to enforce previously ordered access rights in the child's new habitual residence. Part I provides an historical background on …

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Progress And Challenges In International Criminal Justice, Louise Arbour Jan 1997

Progress And Challenges In International Criminal Justice, Louise Arbour

Fordham International Law Journal

Speech given at Session 4: The Legal Profession and Human Rights. Louise Arbour discusses the differences between the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, the marriage between international law which principally governs state relationships and criminal law which governs personal conduct, and how this contributes to the development of international humanitarian law.

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United States V. Mcdougald: The Anathema To 18 U.S.C § 1956 And National Efforts Against Money Laundering, Mathew Paulose Jr. Jan 1997

United States V. Mcdougald: The Anathema To 18 U.S.C § 1956 And National Efforts Against Money Laundering, Mathew Paulose Jr.

Fordham International Law Journal

This Comment argues that the Sixth Circuit should overrule McDougald. Part I discusses the purpose, process, and problems of the crime generally known as money laundering. Part I also discusses national efforts against money laundering, and in particular, the United States' efforts through Section 1956 of the Money Laundering Control Act. Part I concludes by discussing the Salinas-Citibank Affair and the probable prosecution of Citibank for money laundering violations. Part II reviews the Sixth Circuit's line of cases leading up to and including the McDougald decision. Part II also contrasts McDougald by reviewing the decisions of the United States …

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Closing Remarks, John Salter Jan 1997

Closing Remarks, John Salter

Fordham International Law Journal

This closing remark conatins the text of John Salter's speech closing the conference organized by the Human Rights Institute to commemorate the Fiftieth Anniversary Celebration of the International Bar Association.

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Fidelity, Indeterminacy, And The Problem Of Constitutional Evil, Michael J. Klarman Jan 1997

Fidelity, Indeterminacy, And The Problem Of Constitutional Evil, Michael J. Klarman

Fordham Law Review

No abstract provided.

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Judging Cases V. Public Opinion, Joseph W. Bellacosa Jan 1997

Judging Cases V. Public Opinion, Joseph W. Bellacosa

Fordham Law Review

No abstract provided.

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How Conservative Is The Rehnquist Court--Three Issues, One Answer, Staci Rosche Jan 1997

How Conservative Is The Rehnquist Court--Three Issues, One Answer, Staci Rosche

Fordham Law Review

No abstract provided.

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Session 4: The Legal Profession And Human Right: Questions And Answers Moderated By Desmond Fernando, Hans Corell, Fali Nariman, Jerome J. Shestack, Louise Arbour Jan 1997

Session 4: The Legal Profession And Human Right: Questions And Answers Moderated By Desmond Fernando, Hans Corell, Fali Nariman, Jerome J. Shestack, Louise Arbour

Fordham International Law Journal

No abstract provided.

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Human Rights Genealogy, Ruti Teitel Jan 1997

Human Rights Genealogy, Ruti Teitel

Fordham Law Review

No abstract provided.

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Creating Problems Rather Than Solving Them: Why Criminal Parental Responsibility Laws Do Not Fit Within Our Understanding Of Justice , Tami Scarola Jan 1997

Creating Problems Rather Than Solving Them: Why Criminal Parental Responsibility Laws Do Not Fit Within Our Understanding Of Justice , Tami Scarola

Fordham Law Review

No abstract provided.

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