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Articles 1321 - 1350 of 1757
Full-Text Articles in Entire DC Network
Dual Sovereignty And The Double Jeopardy Clause: If At First You Don't Convict, Try, Try, Again , Robert Matz
Dual Sovereignty And The Double Jeopardy Clause: If At First You Don't Convict, Try, Try, Again , Robert Matz
Fordham Urban Law Journal
This Note argues that the application of the dual sovereignty doctrine to cases involving successive state and federal prosecutions, where the initial prosecution resulted in an acquittal, violates the Double Jeopardy Clause of the Fifth Amendment. Part I discusses the rationale for the prohibition against double jeopardy and the principle of dual sovereignty. Part II outlines the Supreme Court jurisprudence regarding successive prosecutions brought by independent sovereigns. Part III reviews the arguments against applying the dual sovereignty doctrine in the context of successive prosecutions where the initial prosecution resulted in an acquittal and proposes that the Supreme Court reconsider the …
Mandatory Testing Of Pregnant Women And Newborns: Hiv, Drug Use, And Welfare Policy, Wendy Chavkin, Deborah Elman, Paul H. Wise
Mandatory Testing Of Pregnant Women And Newborns: Hiv, Drug Use, And Welfare Policy, Wendy Chavkin, Deborah Elman, Paul H. Wise
Fordham Urban Law Journal
An emerging strand of thought portrays pregnant women with drug addiction and HIV infection as having a willful hostility towards their fetus. As a result, pregnant mothers with HIV or addictions are confronted with decreased funding for services and increased sanctions for positive toxicology tests. The rhetoric of blame towards “deviant” mothers has escalated to embrace poor mothers in general. However, in order to support the babies, their mothers must be supported as well.
"Ever Been In A [Foreign] Prison?": The Implementation Of Transfer Of Penal Sanctions Treaties By U.S. States, David S. Finkelstein
"Ever Been In A [Foreign] Prison?": The Implementation Of Transfer Of Penal Sanctions Treaties By U.S. States, David S. Finkelstein
Fordham Law Review
No abstract provided.
Integrity And Universality: A Comment On Ronald Dworkin's Freedom's Law, Robin West
Integrity And Universality: A Comment On Ronald Dworkin's Freedom's Law, Robin West
Fordham Law Review
No abstract provided.
Sexuality, Rape, And Mental Retardation, Deborah W. Denno
Sexuality, Rape, And Mental Retardation, Deborah W. Denno
Faculty Scholarship
In this article, Professor Denno addresses the question of when sexual relations with a mentally retarded individual should be considered nonconsensual and therefore criminal. The article first explores the early treatment of mental retardation. It next demonstrates how old stereotypes influence the moralism inherent in modern conceptions of consent in rape determinations. Illustrating the point with reference to the Glen Ridge rape case, the article shows how courts applying contemporary rape statutes typically hold mentally retarded individuals to a higher standard of consent than nonretarded individuals. As a result, courts are hurting the very people they are supposed to protect …
Less Is More: Teaching Legal Ethics In Context Symposium: 1997 W. M. Mikeck Foundation Forum On The Teaching Of Legal Ethics, Bruce A. Green
Less Is More: Teaching Legal Ethics In Context Symposium: 1997 W. M. Mikeck Foundation Forum On The Teaching Of Legal Ethics, Bruce A. Green
Faculty Scholarship
We who teach legal ethics employ many of the teacher's arts to win our students' appreciation for the course. We do not always succeed. As Deborah Rhode has observed, "[t]here are inherent problems and infinite ways to fail in teaching this subject." Yet, we continue to seek a method for teaching the course effectively. If nothing else, our efforts have led to the development of a substantial body of literature on teaching legal ethics to which this Article will contribute. Its focus is on what, rather than how, to teach. This Article asks: What should be the content of the …
Conflicts Of Interest In Legal Representation: Should The Appearance Of Impropriety Rule Be Eliminated In New Jersey - Or Revived Everywhere Else , Bruce A. Green
Conflicts Of Interest In Legal Representation: Should The Appearance Of Impropriety Rule Be Eliminated In New Jersey - Or Revived Everywhere Else , Bruce A. Green
Faculty Scholarship
Sixty-five years ago, an American Bar Association (ABA) committee interpreting the Canons of Professional Ethics (Canons) concluded that it would be professionally improper for a part-time prosecutor to agree to defend an individual in a civil action while simultaneously prosecuting him on felony charges. The committee acknowledged that the representation of conflicting interests is ordinarily proper with the respective clients' consent. But it said that client consent does not suffice in a case involving a public officer, who has a duty "to be and remain above all suspicion, even at personal financial sacrifice." It concluded that such "[a]n attorney should …
Attorney-Client Privilege, Ethical Rules, And The Impaired Criminal Defendant, The , James A. Cohen
Attorney-Client Privilege, Ethical Rules, And The Impaired Criminal Defendant, The , James A. Cohen
Faculty Scholarship
Attorneys who represent possibly incompetent defendants charged with criminal conduct face difficult ethical issues, implicating professional duties of loyalty, zealous representation, and confidentiality-as an ethical question and as a matter of the law of evidence. The principles of agency underlying the attorney-client relationship are also implicated when the defendant's capacity is in doubt. In the ordinary criminal case, the client has at least implicitly authorized his lawyer's conduct. But if the defendant is impaired, the client may not have the mental capacity to authorize the attorney's actions. Defense counsel representing the possibly incompetent criminal defendant will often be the only …
Remarks, Presentation Of The Fordham-Stein Prize To Judge Gerald Bard Tjoflat October 31,1996, Byron R. White
Remarks, Presentation Of The Fordham-Stein Prize To Judge Gerald Bard Tjoflat October 31,1996, Byron R. White
Fordham Law Review
No abstract provided.
Prosecutorial Discretion And The Death Penalty: Creating A Committee To Decide Whether To Seek The Death Penalty, John A. Horowitz
Prosecutorial Discretion And The Death Penalty: Creating A Committee To Decide Whether To Seek The Death Penalty, John A. Horowitz
Fordham Law Review
No abstract provided.
The Order Of The Coif Annual Lecture, Lecture, The Constituteion Of The Procedural Republic: Liberal Rights And Civic Virtues, Michael J. Sandel
The Order Of The Coif Annual Lecture, Lecture, The Constituteion Of The Procedural Republic: Liberal Rights And Civic Virtues, Michael J. Sandel
Fordham Law Review
No abstract provided.
Observing The Rules Of Law: Experiences From Northern Ireland, Angela Hegarty
Observing The Rules Of Law: Experiences From Northern Ireland, Angela Hegarty
Fordham Law Review
No abstract provided.
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines include: Have Nowhere To Belong? The Comprehensive Guide To Student Organizations At Fordham Law School; Bottle And Glass
Customary International Law Acts As Federal Common Law In U.S. Courts, F. Giba-Matthews
Customary International Law Acts As Federal Common Law In U.S. Courts, F. Giba-Matthews
Fordham International Law Journal
This Note discusses how international common law should act as federal common law in U.S. courts. This Note also explores the constitutional challenges involved in incorporating customary international law into U.S. federal common law. Such challenges revolve around the institutions of representative democracy, federal jurisdiction, and the doctrine of separation of powers. Part I of this Note discusses federal common law and customary international law. Part II of this Note presents the negative and positive effects of incorporating customary international law into federal common law. This Note concludes that to preserve national honor among the community of nations, and to …
Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson
Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson
Fordham International Law Journal
This Essay focuses on four areas of international human rights law. The first area, the protection of attorneys' fees from forfeiture, is an issue of great concern in the United States, given the state of the law there. The next area, the application of the death penalty in international law, will also include arguments about the "death row phenomenon." The third area addressed is the use of international human rights law to overcome the rule of non-inquiry in extradition matters, a rule by which the judicial authority reviewing the propriety of extradition is barred from inquiry into the fairness of …
Judicial Utilization Of Scientific Evidence In Complex Environmental Torts: Redifining Litigation Driven Research, Keum J. Park
Judicial Utilization Of Scientific Evidence In Complex Environmental Torts: Redifining Litigation Driven Research, Keum J. Park
Fordham Environmental Law Review
No abstract provided.
Mens Rea In Environmental Criminal Law: Reading Supreme Court Tea Leaves, Richard J. Lazarus
Mens Rea In Environmental Criminal Law: Reading Supreme Court Tea Leaves, Richard J. Lazarus
Fordham Environmental Law Review
No abstract provided.
Parallel Proceedings And The Fifth Amendment's Double Jeopardy Clause, Ed Neafsey, Edward R. Bonanno
Parallel Proceedings And The Fifth Amendment's Double Jeopardy Clause, Ed Neafsey, Edward R. Bonanno
Fordham Environmental Law Review
No abstract provided.
Structures Of Environmental Criminal Enforcement, Michael Hertz
Structures Of Environmental Criminal Enforcement, Michael Hertz
Fordham Environmental Law Review
No abstract provided.
Environmetnal Self-Audit Privilege: The Straw That Breaks The Back Of Criminal Prosecutions, Linda A. Spahr
Environmetnal Self-Audit Privilege: The Straw That Breaks The Back Of Criminal Prosecutions, Linda A. Spahr
Fordham Environmental Law Review
No abstract provided.
Towards A Common Law Of Sentencing: Developing Judicial Precedent In Cyberspace , Robert W. Sweet, D. Evan Van Hook, Edward V. Di Lello
Towards A Common Law Of Sentencing: Developing Judicial Precedent In Cyberspace , Robert W. Sweet, D. Evan Van Hook, Edward V. Di Lello
Fordham Law Review
No abstract provided.
An Equality Approach To Wrongful Birth Statutes, Stephanie S. Gold
An Equality Approach To Wrongful Birth Statutes, Stephanie S. Gold
Fordham Law Review
No abstract provided.
From Vulnerability To Voice: Appointing Counsel For Children In Civil Litigation, Catherine J. Ross
From Vulnerability To Voice: Appointing Counsel For Children In Civil Litigation, Catherine J. Ross
Fordham Law Review
No abstract provided.
Youth Perspectives On Lawyers' Ethics: A Report On Seven Interviews, Janet A. Chaplan
Youth Perspectives On Lawyers' Ethics: A Report On Seven Interviews, Janet A. Chaplan
Fordham Law Review
No abstract provided.
"I Know The Child Is My Client, But Who Am I?", Robert E. Shepherd, Jr., Sharon S. England
"I Know The Child Is My Client, But Who Am I?", Robert E. Shepherd, Jr., Sharon S. England
Fordham Law Review
No abstract provided.
Constitution Notwithstanding: The Political Illegitimacy Of The Death Penalty In American Democracy, Stephen H. Jupiter
Constitution Notwithstanding: The Political Illegitimacy Of The Death Penalty In American Democracy, Stephen H. Jupiter
Fordham Urban Law Journal
This Comment argues that the death penalty is inconsistent with underlying principles of American democracy and is thus illegitimate as a matter of political philosophy, despite its conceded constitutionality. It analyzes the Supreme Court's idiosyncratic treatment of challenges to capital punishment on grounds of due process, equal protection and cruel and unusual punishment, demonstrating the unreliability of such challenges. It examines in detail the death penalty's political implications for the American system of democracy and why those implications render capital punishment illegitimate in our society. It discusses the role of the political process in the abolition of the death penalty. …
New Strategies For Combatting Crime In New York City, William J. Bratton
New Strategies For Combatting Crime In New York City, William J. Bratton
Fordham Urban Law Journal
Lecture by the Commissioner of the New York Police Department. Remarks focused on why crime came down in New York City. It traces the history of policing before the 1970s, when police departments began to professionalize and the advent of community policing in the 1990s.
Liberta Revisited: A Call To Repeal The Marital Examption For All Sex Offenses In New York's Penal Law, Cassandra M. Delamothe
Liberta Revisited: A Call To Repeal The Marital Examption For All Sex Offenses In New York's Penal Law, Cassandra M. Delamothe
Fordham Urban Law Journal
This Note argues that to fully protect victims of spousal sexual assault, the New York Legislature should codify the Liberta decision and repeal the marital exemption for all sex offenses. It outlines the history of the marital rape exemption and its evolution in New York. It discusses the Liberta decision and the barriers to effective prosecution of marital rape, such as the legal standard for "force," prosecutorial discretion in charging husbands, and gender bias in the courts. It gives policy arguments for a statutory amendment and offers a proposed statute to replace the current sex offenses section of the Penal …
Foreword: Children And The Ethical Practice Of Law, Bruce A. Green, Bernardine Dohrn
Foreword: Children And The Ethical Practice Of Law, Bruce A. Green, Bernardine Dohrn
Fordham Law Review
No abstract provided.
Conflicts Of Interests In The Representation Of Children, Nancy J. Moore
Conflicts Of Interests In The Representation Of Children, Nancy J. Moore
Fordham Law Review
No abstract provided.