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Articles 1351 - 1380 of 1757
Full-Text Articles in Entire DC Network
'Just Take Away Their Guns': The Hidden Racism Of Terry V. Ohio, Adina Schwartz
'Just Take Away Their Guns': The Hidden Racism Of Terry V. Ohio, Adina Schwartz
Fordham Urban Law Journal
This Article argues that in formulating standards for stops and frisks, courts, police department and other policy makers should consider: whether and to what extent blacks are more frequently stopped and frisked than whites, whether and to what extent this disparity reflects police racial bias, and the nature and extent of the results negative effects. The Article provides an overview of the decision in US v. Terry and its impact on subsequent case law. It focuses on Terry's ambivalent position on race relations, and posits that its empirical contention about the law's inevitable inefficacy against racist abuse of the stop …
Administrative License Suspensions, Criminal Prosecution And The Double Jeopardy Clause, Carlos F. Ramirez
Administrative License Suspensions, Criminal Prosecution And The Double Jeopardy Clause, Carlos F. Ramirez
Fordham Urban Law Journal
This Note argues that revocation of a driver's license under ALS proceedings is not a bar to subsequent criminal prosecution by the state. It discusses the potential double jeopardy implications surrounding ALS that is followed by criminal proceedings, as well as the reasoning employed by a majority of the courts that hold that an ALS is remedial and, therefore, not punishment for purposes of the Double Jeopardy Clause. It argues that with regard to determining whether an ALS is punitive, the appropriate test should balance the effect of the statute on the driver against the state's interest in protecting the …
Rules Of Confidentiality When Representing Children: The Need For A "Bright Line" Test, Randi Mandelbaum
Rules Of Confidentiality When Representing Children: The Need For A "Bright Line" Test, Randi Mandelbaum
Fordham Law Review
No abstract provided.
Twenty Years Of The Fordham International Law Journal, Joseph C. Sweeney
Twenty Years Of The Fordham International Law Journal, Joseph C. Sweeney
Fordham International Law Journal
This Introduction discusses the twenty year history of the Fordham International Law Journal.
Controlling Corruption Through Collective Means: Advocating The Inter-American Convention Against Corruption, Robert H. Sutton
Controlling Corruption Through Collective Means: Advocating The Inter-American Convention Against Corruption, Robert H. Sutton
Fordham International Law Journal
This Note argues that the Convention offers the most effective approach to combating corruption and that all states should sign and ratify it. Part I discusses corruption, explains its history and its harmful effects, and describes international organizations whose purposes and principles are directly opposed to the harm corruption is capable of perpetrating. Part II presents existing approaches to combating corruption. Part III argues that all states should adopt the OAS approach. This Note concludes that states can best combat corruption through the OAS approach because it offers the most comprehensive and, therefore, the most effective of the existing solutions.
Welfare Reform And Child Care: A Proposal For State Legislation, Clare Huntington
Welfare Reform And Child Care: A Proposal For State Legislation, Clare Huntington
Faculty Scholarship
The shortage of subsidized child care creates three problems. First, it contributes to underemployment because job options are greatly reduced when child care is unavailable. Second, it erodes the wages of parents who do work because low-income families spend a debilitating percentage of their earnings to pay for the care of their children. Third, it relegates many children to poor quality child care settings, compromising their academic potential and social well-being, and placing them at risk for delinquency and dependency. Part I of this article discusses the current paucity of quality, affordable child care, and the effects of this shortage. …
Ethical Issues In The Respresentation Of Parents In Child Welfare Cases, Bruce A. Boyer
Ethical Issues In The Respresentation Of Parents In Child Welfare Cases, Bruce A. Boyer
Fordham Law Review
No abstract provided.
Ethical Issues In Interviewing, Counseling, And The Use Of Psychological Data With Child And Adolescent Clients, Michael L. Lindsey
Ethical Issues In Interviewing, Counseling, And The Use Of Psychological Data With Child And Adolescent Clients, Michael L. Lindsey
Fordham Law Review
No abstract provided.
Rights Of Passage: An Analysis Of Waiver Of Juvenile Court Jurisdiction, Stacey Sabo
Rights Of Passage: An Analysis Of Waiver Of Juvenile Court Jurisdiction, Stacey Sabo
Fordham Law Review
No abstract provided.
Conflicts Of Interest In Litigation: The Judicial Role , Bruce A. Green
Conflicts Of Interest In Litigation: The Judicial Role , Bruce A. Green
Fordham Law Review
No abstract provided.
Who Should Regulate The Ethics Of Federal Prosecutors, Rory K. Little
Who Should Regulate The Ethics Of Federal Prosecutors, Rory K. Little
Fordham Law Review
No abstract provided.
Reconceptualizing The Joint Defense Doctrine , Deborah Stavile Bartel
Reconceptualizing The Joint Defense Doctrine , Deborah Stavile Bartel
Fordham Law Review
No abstract provided.
Conflicts Between Attorneys And Social Workers Representing Children In Delinquency Proceedings, Lisa A. Stranger
Conflicts Between Attorneys And Social Workers Representing Children In Delinquency Proceedings, Lisa A. Stranger
Fordham Law Review
No abstract provided.
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines include: Derrick Bell: Confronting Authority; Recycling At Fordham Law - How Far We've Come
Dean's Report: Fordham University School Of Law 1994-1995, John D. Feerick
Dean's Report: Fordham University School Of Law 1994-1995, John D. Feerick
Papers of the Dean
No abstract provided.
Partners Against Crime: Joint Prosecutions Of Israeli Organized Crime Figures By U.S. And Israeli Authorities, Abraham Abramovsky
Partners Against Crime: Joint Prosecutions Of Israeli Organized Crime Figures By U.S. And Israeli Authorities, Abraham Abramovsky
Fordham International Law Journal
This article discusses the criminal case of Israel v. Mizrahi and Reisch, which is the largest joint prosecution—between U.S. and Israeli law enforcement authorities—ever undertaken against Israeli organized crime figures for acts committed outside Israel’s borders.
Geraldine Van Bueren, The International Law On The Rights Of The Child, Roger J.R. Levesque
Geraldine Van Bueren, The International Law On The Rights Of The Child, Roger J.R. Levesque
Fordham International Law Journal
This review critiques "The International Law on the Rights of the Child" by Professor Van Bueren.
Geraldine Van Bueren, The International Law On The Rights Of The Child, Roger J.R. Levesque
Geraldine Van Bueren, The International Law On The Rights Of The Child, Roger J.R. Levesque
Fordham International Law Journal
Simply stated, the international children's rights movement asks individual governments to take children's interests seriously when enacting laws for them. In order to enact policies that take children's interests seriously, all laws must be evaluated and examined from the child's point of view. An examination of the current international children's rights movement from the child's point of view, however, reveals considerable schisms between international principles and the state of the world's children. Professor Van Bueren directly examines the complex issues involved in defining and understanding children's rights. Her analysis of formal international law relating to the rights of the child …
United Nations Justice Or Military Justice: Which Is The Oxymoron? An Analysis Of The Rules Of Procedure And Evidence Of The International Tribunal For The Former Yugoslavia, Joseph L. Falvey, Jr.
United Nations Justice Or Military Justice: Which Is The Oxymoron? An Analysis Of The Rules Of Procedure And Evidence Of The International Tribunal For The Former Yugoslavia, Joseph L. Falvey, Jr.
Fordham International Law Journal
This Article compares the protections and rights provided an accused before the Tribunal with those protections and rights provided an accused before U.S. courts-martial. Part I provides an overview of the statute creating the Tribunal and identifies the general principles the statute appears to advance. Part II analyzes the Tribunal's procedural and evidentiary rules, compares these rules to the analogous military rules, and discusses how well the Tribunal rules comport with the general principles advanced by the statute. This Article concludes that the Tribunal rules, although fundamentally sound, are not as protective of the individual rights of the accused as …
The Battle Between Mens Rea And The Public Welfare: United States V. Laughlin Finds A Middle Ground, Bruce R. Bryan
The Battle Between Mens Rea And The Public Welfare: United States V. Laughlin Finds A Middle Ground, Bruce R. Bryan
Fordham Environmental Law Review
No abstract provided.
Constructing A Hemispheric Initiative Against Transnational Crime, Bruce Zagaris
Constructing A Hemispheric Initiative Against Transnational Crime, Bruce Zagaris
Fordham International Law Journal
This Essay first reviews the recent initiatives on fighting international crime and then suggests the need for a regional initiative on international criminal cooperation and criminal justice. The Author makes the proposal almost ten years after suggesting the establishment of the Inter-American Drug Abuse Control Commission (“CICAD”), whose creation was suggested as the precursor to a more comprehensive Americas Committee on Crime Problems.
The Constitutionality Of Punishing Deadbeat Parents: The Child Support Recovery Act Of 1992 After United States V. Lopez, Ronald S. Kornreich
The Constitutionality Of Punishing Deadbeat Parents: The Child Support Recovery Act Of 1992 After United States V. Lopez, Ronald S. Kornreich
Fordham Law Review
No abstract provided.
The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park
The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park
Fordham Urban Law Journal
There is considerable debate as to whether to admit evidence of past sexual assaults in cases where the accused presents a defense of consent to a current sexual assault charge. The consent defense presents a unique situation where, due to the probative value of evidence that suggests propensity to rape, a strong justification can be made to admit this information as evidence. However, critics of this opinion have argued that admitting propensity evidence about the accused in a rape case is inconsistent with the rape shield rule which excludes propensity evidence about the victim. This argument is flawed in the …
The Worst Of Times . . . And The Best Of Times: Lawyering For Poor Clients Today, Louise G. Trubek
The Worst Of Times . . . And The Best Of Times: Lawyering For Poor Clients Today, Louise G. Trubek
Fordham Urban Law Journal
This Essay describes three areas in which advocates have developed new models of practice and new forms of advocacy. It examines ways that lawyers and clients are collaborating to create more effective advocacy for battered women, low-income entrepreneurs and nonprofit community-based organizations that serve the poor. It describes how, why and where the new practices operate and analyzes the roots of the new approaches, showing that they can be traced to changes in lawyering theory and new visions of the lawyer-client relationship. The Essay assesses whether these models can be sustained and generalized, concluding that although the new approaches are …
Contextualizing Professional Responsibility: A New Curriculum For A New Century Teaching Legal Ethics: Iv. Developing Specialized Ethics Courses, Mary C. Daly, Bruce A. Green, Russell G. Pearce
Contextualizing Professional Responsibility: A New Curriculum For A New Century Teaching Legal Ethics: Iv. Developing Specialized Ethics Courses, Mary C. Daly, Bruce A. Green, Russell G. Pearce
Faculty Scholarship
The teaching of professional responsibility in U.S. law schools is entering a new age. A relative newcomer to the traditional curriculum, professional responsibility has struggled over the past twenty-one years to establish its intellectual legitimacy. It has evolved from a cramped course on the codes of lawyer conduct adopted by the American Bar Association ("ABA") to an expansive course on the law of lawyering. The premise of this essay is that professional responsibility has matured as a subject matter to the point where a new genre of courses should join the pervasive method and the traditional survey course. The richness …
American Bar Association Criminal Justice Section Report To The House Of Delegates, Myrna S. Raeder
American Bar Association Criminal Justice Section Report To The House Of Delegates, Myrna S. Raeder
Fordham Urban Law Journal
The proposed amendments to the Federal Rules of Evidence, Rules 413-15 regarding the admission of character testimony in cases of sexual abuse and child molestation, have been roundly criticized by the legal community on both substantive and procedural grounds. The ABA has resolved to oppose the substance of these rules, and fear that in addition to the direct concerns regarding the result of the rules, they raise troubling policy issues going forward.
The Battle Over The Brady Bill And The Future Of Gun Control Advocacy, Richard M. Aborn
The Battle Over The Brady Bill And The Future Of Gun Control Advocacy, Richard M. Aborn
Fordham Urban Law Journal
No matter how effective a legislative scheme is, legislation alone will not eradicate the deeply rooted culture of gun violence that exists in this country. Accordingly, Handgun Control divides its efforts between legislative and non-legislative efforts. In this regard, the Center to Prevent Handgun Violence carries out the non-legislative interventions of Handgun Control. These efforts include working with elementary, secondary and high schools to promote a gun violence reduction curriculum; litigating on behalf of gun victims; defending gun control legislation in the courts; working with the entertainment industry concerning the messages in popular entertainment about gun violence; and working with …
Are Executions In New York Inevitable?, Ronald J. Tabak
Are Executions In New York Inevitable?, Ronald J. Tabak
Fordham Urban Law Journal
This article is an edited trascription of a program considering whether executions in New York State are inevitable. Shortly after the program a law was enacted to this effect, however, Mr. Tabak argues that the law is so badly flawed that it may not survive judicial scrutiny. Present on the panel were Barbara Paul Robinson, John Cardinal O'Connor, Dean John Feerick, Archibald Murray, Thomas McDermott, Lee Grant, Cessie Alfonso and George Kendall.
Replace Welfare For Contingent Workers With Unemployment Compensation, Stephen Bingham
Replace Welfare For Contingent Workers With Unemployment Compensation, Stephen Bingham
Fordham Urban Law Journal
This essay examines the manner in which the current unemployment insurance system maintains poverty and increases dependence on public assistance programs. It examines the plight of the working poor, the inadequacy of unemployment compensation, and the failure of welfare to compensate for the weaknesses of the unemployment system. It then proposes reforms to the unemployment compensation system, and a new system for employable individuals without ties to the workforce, explaining why this proposal makes sense in light of the current unemployment situation.
Protecting Women's Welfare In The Face Of Violence, Martha F. Davis, Susan J. Kraham
Protecting Women's Welfare In The Face Of Violence, Martha F. Davis, Susan J. Kraham
Fordham Urban Law Journal
This article argues that the Aid to Families With Dependent Children program provides a valuable means of continuing support for impoverished women. It points out that such women are at an increased risk of domestic violence, and that they are often unable to escape from abusive relationships because they and their children are economically dependent on their partners. The article criticizes proposed reforms to AFDC from this context, arguing that without the safety net provided by public assistance, many women and children would be trapped by financial constraints in dangerous or life threatening relationships. Thus, an adequate level of public …