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Federal Enforcement Of Civil Rights During The First Reconstruction, Robert J. Kaczorowski Jan 1995

Federal Enforcement Of Civil Rights During The First Reconstruction, Robert J. Kaczorowski

Fordham Urban Law Journal

This essay recounts the heroic efforts of federal legal officers and judges to enforce citizens' rights during the 1870s. Part I sets forth the historical events giving rise to the enforcement effort of the Grant Administration. Part II details the problems which the federal executive branch faced when it aggressively prosecuted civil rights violations. Part III details the problems which the federal judiciary faced in administering the civil rights prosecutions brought by the executive branch. Part IV details the national political problems that eventually ended effective enforcement of federal civil rights laws. This Essay concludes that, notwithstanding the problems faced …

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Foreign Private Investment In Palestine: An Analysis Of The Law On The Encouragement Of Investment In Palestine, David P. Fidler Jan 1995

Foreign Private Investment In Palestine: An Analysis Of The Law On The Encouragement Of Investment In Palestine, David P. Fidler

Fordham International Law Journal

This Article analyzes the Investment Law and its prospects for encouraging foreign businesses to invest in Gaza and the West Bank (collectively, "Palestinian Territories").

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Europol: The Culmination Of The European Union's International Police Cooperation Efforts, Francis R. Monaco Jan 1995

Europol: The Culmination Of The European Union's International Police Cooperation Efforts, Francis R. Monaco

Fordham International Law Journal

This Comments argues that the Europol Convention will be an effective and workable mechanism for countering international crime within the European Union, and therefore should be ratified by Member States. Part I discusses the theoretical basis for international police cooperation, and analyzes the agreements and initiatives among EU Member States which predate Europol. Part II examines the obstacles that have delayed the completion of the Europol Convention, as well as the particular aspets of the Convention that may delay or prevent its ratification. Part III argues that existing EU Member States' agreements permit Europol to contribute substantially to EU police …

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Policing Federal Prosecutors: Do Too Many Regulators Produce Too Little Enforcement?, Bruce A. Green Jan 1995

Policing Federal Prosecutors: Do Too Many Regulators Produce Too Little Enforcement?, Bruce A. Green

Faculty Scholarship

No abstract provided.

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Extradition And Individual Rights: The Need For An International Criminal Court To Safeguard Individual Rights, Kai I. Rebane Jan 1995

Extradition And Individual Rights: The Need For An International Criminal Court To Safeguard Individual Rights, Kai I. Rebane

Fordham International Law Journal

This Note argues that nations, in their zeal to prosecute terrorists and pursue fugitives, are trampling on the same fundamental human rights they espouse in the international forum. Part I traces the history of extradition and its safeguards. Part II analyzes problems in modern extradition law and explores the arguments for and against the development of an international standard. Part III argues that current extradition practices violate international law and proposes that an International Criminal Court be established to provide a neutral forum for extradition hearings that will protect rights established by international law. This Note concludes that extradition procedures …

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The Quick Solution To Complex Problems: The Article Iii Judge, Hon. Jane A. Restani, Ira Bloom Jan 1995

The Quick Solution To Complex Problems: The Article Iii Judge, Hon. Jane A. Restani, Ira Bloom

Fordham International Law Journal

No abstract provided.

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Prosecutors Who Disclose Prosecutorial Information For Literary Or Media Purposes: What About The Duty Of Confidentiality?, Rita M. Glavin Jan 1995

Prosecutors Who Disclose Prosecutorial Information For Literary Or Media Purposes: What About The Duty Of Confidentiality?, Rita M. Glavin

Fordham Law Review

No abstract provided.

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Battered Woman Syndrome: A Tool For Batterers?, Melanie Frager Griffith Jan 1995

Battered Woman Syndrome: A Tool For Batterers?, Melanie Frager Griffith

Fordham Law Review

No abstract provided.

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The United States Department Of Justice Environmental Crimes Section: A Case Study Of Inter- And Intrabranch Conflict Over Congressional Oversight And The Exercise Of Prosecutorial Discretion, Theodora Galactos Jan 1995

The United States Department Of Justice Environmental Crimes Section: A Case Study Of Inter- And Intrabranch Conflict Over Congressional Oversight And The Exercise Of Prosecutorial Discretion, Theodora Galactos

Fordham Law Review

No abstract provided.

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Rewards For Good Behavior: Influencing Prosecutorial Discretion And Conduct With Financial Incentives, Tracy L. Meares Jan 1995

Rewards For Good Behavior: Influencing Prosecutorial Discretion And Conduct With Financial Incentives, Tracy L. Meares

Fordham Law Review

No abstract provided.

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Is A Ban On Plea Bargaining An Ethical Abuse Of Discretion? A Bronx County, New York Case Study, Roland Acevedo Jan 1995

Is A Ban On Plea Bargaining An Ethical Abuse Of Discretion? A Bronx County, New York Case Study, Roland Acevedo

Fordham Law Review

No abstract provided.

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The Advocate, The Advocate, Fordham Law School Nov 1994

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines Include: Whitewater Prober Bashes Punitive Damages; Judge Pollack
Awarded Stein Prize; Courts, Courts More Courts

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The Advocate, The Advocate, Fordham Law School Oct 1994

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines Include: New Assistant Dean Goes to Work; SBA Announces Budgets for Student Activities

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Enforcement Of Intellectual Property Protection Between Mexico And The United States: A Precursor Of Criminal Enforcement For Western Hemispheric Integration?, Bruce Zagaris, Alvaro J. Aguilar Oct 1994

Enforcement Of Intellectual Property Protection Between Mexico And The United States: A Precursor Of Criminal Enforcement For Western Hemispheric Integration?, Bruce Zagaris, Alvaro J. Aguilar

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Testing Penry And Its Progeny , Deborah W. Denno Oct 1994

Testing Penry And Its Progeny , Deborah W. Denno

Faculty Scholarship

In Penry v. Lynaugh, the United States Supreme Court held that the Texas death penalty statute was applied unconstitutionally because the trial court gave no instructions allowing the jury to “consider and give effect to” the defendant's mitigating evidence of organic brain damage, moderate retardation, and disadvantaged background. The Court considered these mitigating factors relevant because of society's steadfast belief in the lesser culpability of defendants whose criminal acts are due to a disadvantaged background, or to emotional and mental disorders. The jury must have full consideration of such evidence in order to give its “reasoned moral response” to the …

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The Advocate, The Advocate, Fordham Law School Apr 1994

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines Include: Library Worker Attacked by Former Employee; New Record at FSSF Auction: Alums Go $83G Wild!;

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Sentencing Trends In Environmental Law: An "Informed" Public Response, Lauren A. Lundin Jan 1994

Sentencing Trends In Environmental Law: An "Informed" Public Response, Lauren A. Lundin

Fordham Environmental Law Review

No abstract provided.

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"The Best Of All Possible Worlds"': Balancing Victims' And Defendants' Rights In The Child Sexual Abuse Case, Meredith Felise Sopher Jan 1994

"The Best Of All Possible Worlds"': Balancing Victims' And Defendants' Rights In The Child Sexual Abuse Case, Meredith Felise Sopher

Fordham Law Review

No abstract provided.

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Client Outreach 101: Solicitation Of Elderly Clients By Seminar Under The Model Rules Of Professional Conduct, Nina Keilin Jan 1994

Client Outreach 101: Solicitation Of Elderly Clients By Seminar Under The Model Rules Of Professional Conduct, Nina Keilin

Fordham Law Review

No abstract provided.

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Remarks Delivered At The Presentation Of The Leonard F. Manning Achievement Award To The Honorable Lawrence W. Pierce, Lawrence W. Pierce Jan 1994

Remarks Delivered At The Presentation Of The Leonard F. Manning Achievement Award To The Honorable Lawrence W. Pierce, Lawrence W. Pierce

Fordham Law Review

No abstract provided.

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Men, Women And Rape, Donald Dripps, Linda Fairstein, Robin West, Deborah W. Denno Jan 1994

Men, Women And Rape, Donald Dripps, Linda Fairstein, Robin West, Deborah W. Denno

Fordham Law Review

No abstract provided.

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The Poor Fit Of Traditional Evidentiary Doctrine And Sophisticated Crime: An Empirical Analysis Of Health Care Fraud Prosecutions, Pamela H. Bucy Jan 1994

The Poor Fit Of Traditional Evidentiary Doctrine And Sophisticated Crime: An Empirical Analysis Of Health Care Fraud Prosecutions, Pamela H. Bucy

Fordham Law Review

No abstract provided.

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Of Laws And Men: An Essay On Justice Marshall's View Of Criminal Procedure, Bruce A. Green, Daniel C. Richman Jan 1994

Of Laws And Men: An Essay On Justice Marshall's View Of Criminal Procedure, Bruce A. Green, Daniel C. Richman

Faculty Scholarship

No abstract provided.

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Supreme Court Rules On Statements Against Interest, The , Michael M. Martin Jan 1994

Supreme Court Rules On Statements Against Interest, The , Michael M. Martin

Faculty Scholarship

Reliability has been defined as "worthy of dependence" or "of proven consistency in producing satisfactory results." It is a common concept as well as a quality for which individuals search in their everyday transactions, such as purchasing a car or selecting an express delivery service. It similarly shapes the rules of evidence pertaining to hearsay. Beth common law and modem evidentiary codes ban the admission of extrajudicial statements offered to prove the truth of a matter asserted because they are not made under oath, in the presence of the trier of fact, and subject to cross-examination. Without these safeguards, the …

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Politics And The Death Penalty: Can Rational Discourse And Due Process Survive The Perceived Political Pressure?, Norman Redlich Jan 1994

Politics And The Death Penalty: Can Rational Discourse And Due Process Survive The Perceived Political Pressure?, Norman Redlich

Fordham Urban Law Journal

This article is a transcript from a program sponsored by the American Bar Association Section of Individual Rights and Responsibilities entitled, “Politics and the Death Penalty: Can Rational Discourse and Due Process Survive the Perceived Political Pressure?” In it, Norman Redlich, former Dean of New York University Law School, James Coleman, Shabata Sundiata Waglini, Attorney General Ernest Preate, Jr., Bryan Stevenson, Executive Director of the Alabama Capital Representation Resource Center, journalist Nat Hentoff, New York State Assemblywoman Susan John, and Chief Justice Exum of the North Carolina Supreme Court discuss the issue of the death penalty in America. Redlich discusses …

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Suits By Public Hospitals To Recover Expenditures For The Treatment Of Disease, Injury And Disability Caused By Tobacco And Alcohol, Raymond E. Gangarosa, Frank J. Vandall, Brian M. Willis Jan 1994

Suits By Public Hospitals To Recover Expenditures For The Treatment Of Disease, Injury And Disability Caused By Tobacco And Alcohol, Raymond E. Gangarosa, Frank J. Vandall, Brian M. Willis

Fordham Urban Law Journal

Public hospitals are forced to absorb many of the costs of treating indigent patients whose alcohol and tobacco consumption has predictably lead to illness. This is contradictory to hospital's own interests in preventing disease, improving the efficiency of therapy and minimizing their financial losses. The goal of this article is to examine the possibility of reassigning these coasts through litigation. A cause of action should be available to public hospitals to recover their expenditures for the uncompensated medical treatment that is necessitated by alcohol and tobacco use. Such litigation in Mississippi and similar Florida legislation should serve as a model …

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Former Yugoslavia: Investigating Violations Of International Humanitarian Law And Establishing An International Criminal Tribunal, M. Cherif Bassiouni Jan 1994

Former Yugoslavia: Investigating Violations Of International Humanitarian Law And Establishing An International Criminal Tribunal, M. Cherif Bassiouni

Fordham International Law Journal

This Article retraces some of the historic initiatives that have sought to establish a permanent international criminal court and focuses on the contemporary experience of the Commission of Experts Established Pursuant to Security Council Resolution 780 and the International Criminal Tribunal for the Former Yugoslavia. More particularly, it reflects upon the problems of investigating and prosecuting violations of international humanitarian law, and the interaction between pursuing an international criminal justice goal and political settlements of international disputes.

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When Terry Met Miranda: Two Constitutional Doctrines Collide, Mark A. Godsey Jan 1994

When Terry Met Miranda: Two Constitutional Doctrines Collide, Mark A. Godsey

Fordham Law Review

No abstract provided.

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Foreword Special Issue: Ethical Issues In Representing Older Clients, Bruce A. Green, Nancy Coleman Jan 1994

Foreword Special Issue: Ethical Issues In Representing Older Clients, Bruce A. Green, Nancy Coleman

Fordham Law Review

No abstract provided.

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Gender, Crime, And The Criminal Law Defenses, Deborah W. Denno Jan 1994

Gender, Crime, And The Criminal Law Defenses, Deborah W. Denno

Faculty Scholarship

This Article attempts to explain some of the disparity in criminality between males and females by analyzing the results of the “Biosocial Study,” one of this country's largest longitudinal studies of biological, psychological, and sociological predictors of crime. Section II analyzes the literature and research on gender differences in crime. Section III describes the Biosocial Study and its results, noting the gender differences in the prevalence and prediction of crime and the inability of any one factor to be a strong predictor of crime. Section IV considers whether gender differences warrant disparate types of punishment or treatment within the criminal …

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