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Articles 1411 - 1440 of 1757
Full-Text Articles in Entire DC Network
Address Delivered At The Celebration Of The Seventy-Fifth Anniversary Of Women At Fordham Law School, Hon. Janet Reno
Address Delivered At The Celebration Of The Seventy-Fifth Anniversary Of Women At Fordham Law School, Hon. Janet Reno
Fordham Law Review
No abstract provided.
No-Drop Policies In The Prosecution Of Domestic Violence Cases: Guarantee To Action Or Dangerous Solution?, Angela Corsilles
No-Drop Policies In The Prosecution Of Domestic Violence Cases: Guarantee To Action Or Dangerous Solution?, Angela Corsilles
Fordham Law Review
No abstract provided.
Shaw V. Reno: A Mirage Of Good Intentions With Devastating Racial Consquences, A Leon Higginbotham, Jr., Gregory A. Clarick, Marcella David
Shaw V. Reno: A Mirage Of Good Intentions With Devastating Racial Consquences, A Leon Higginbotham, Jr., Gregory A. Clarick, Marcella David
Fordham Law Review
In this Article the authors critically examine the Supreme Court's recent decision in Shaw v. Reno, which held that a North Carolina minority-majority voting district of "dramatically irregular" shape is subject to strict scrutiny, absent sufficient race-neutral explanations for its boundaries. While the authors assert that such race-conscious redistricting will meet the burdens of strict-scrutiny, given the peculiar history of the southern states, they here argue that Shaw is fundamentally flawed. They examine the history of political racism in North Carolina leading up to the 1991 redistricting plan. They then examine the Court's misguided presumptions that race-conscious districting plans are …
Hope For The Future: Overcoming Jurisdictional Concerns To Achieve United States Ratification Of The Convention On The Rights Of The Child, Kerri Ann Law
Fordham Law Review
No abstract provided.
Fordham Lawyer, Vol. 3 No. 1 - Winter 1993, Fordham Law School
Fordham Lawyer, Vol. 3 No. 1 - Winter 1993, Fordham Law School
Fordham Lawyer
Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines Include: Bias at The Front Desk, Student, Guard in Race Incident; GALLA Protests JAG Visit Second Year In A Row;
Bulletin Of Information 1993-1994, Fordham Law School
Bulletin Of Information 1993-1994, 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
Judicial Panel: The Special Role Of The Judiciary In Protecting First Amendment Freedoms, John D. Feerick, Kenneth Conboy, John F. Keenan, Edward M. Rappaport
Judicial Panel: The Special Role Of The Judiciary In Protecting First Amendment Freedoms, John D. Feerick, Kenneth Conboy, John F. Keenan, Edward M. Rappaport
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Impact Of The Media On Fair Trial Rights: Panel On Media Access, James C. Goodale, Abraham Abramovsky, Helman R. Brook, James A. Cohen, George Freeman, David A. Schulz, Carolyn Schurr
Impact Of The Media On Fair Trial Rights: Panel On Media Access, James C. Goodale, Abraham Abramovsky, Helman R. Brook, James A. Cohen, George Freeman, David A. Schulz, Carolyn Schurr
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Landmines: A Deadly Legacy, Morris Panner
Landmines: A Deadly Legacy, Morris Panner
Fordham International Law Journal
Landmines: A Deadly Legacy (“ Deadly Legacy”) is both a powerful advocacy piece calling for an international ban on the production, stockpiling, trade, and use of landmines, as well as a compelling reference work carefully detailing what can only be deemed a global landmines crisis. The book, a joint effort of The Arms Project, a division of Human Rights Watch, and of Physicians for Human Rights, is the culmination of a three year effort, including extensive field research in such places as Cambodia, Angola, Mozambique, Iraqi Kurdistan, and northern Somalia, as well as documentary research drawing on previously classified U.S. …
Insider Trading: The Laws Of Europe, The United States And Japan, James D. Yellen
Insider Trading: The Laws Of Europe, The United States And Japan, James D. Yellen
Fordham International Law Journal
Professor Emmanuel Gaillard's recent compilation of foreign and domestic insider trading chapters in his book, Insider Trading: The Laws of Europe, the United States and Japan, provides a tremendous service for both international lawyers and United States securities practitioners. The book is a handy reference guide, as its title suggests, to recent statutory provisions passed throughout Europe and Japan, as well as an effective summary of the insider trading laws of the United States.
Considering Lead Poisoning As A Criminal Defense, Deborah W. Denno
Considering Lead Poisoning As A Criminal Defense, Deborah W. Denno
Fordham Urban Law Journal
A brief survey of the causes and consequences of lead poisoning suggests that lead poisoning is pervasive, particularly among blacks in urban communities, that it's effects can be debilitating, and that it has been linked to disciplinary problems, aggression, and repetitive and oftentimes violent crime. There is a legitimate question, then, about whether lead poisoning should be considered a viable criminal defense. The question of whether lead poisoning should be a defense is perhaps most appropriately placed in the context of debates regarding free will, determinism, and the ability of social scientists to predict the course of any one individual's …
Witness For The Prosecution: Prosecutorial Discovery Of Information Generated By Non-Testifying Defense Psychiatric Experts, Elizabeth F. Maringer
Witness For The Prosecution: Prosecutorial Discovery Of Information Generated By Non-Testifying Defense Psychiatric Experts, Elizabeth F. Maringer
Fordham Law Review
No abstract provided.
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Faculty Scholarship
Three weeks before he died in May 1873, the frail and ailing Salmon P. Chase joined three of his brethren in dissent in one of the most important cases ever decided by the United States Supreme Court, the Slaughter-House Cases.1 This decision was a watershed in United States constitutional history for several reasons. Doctrinally, it represented a rejection of the virtually unanimous decisions of the lower federal courts upholding the constitutionality of revolutionary federal civil rights laws enacted in the aftermath of the Civil War. Institutionally, it was an example of extraordinary judicial activism in overriding the legislative will of …
Needed: A Community Experiment In Problem-Oriented Justice, Felice Kirby, Michael Clark, Tim Wall
Needed: A Community Experiment In Problem-Oriented Justice, Felice Kirby, Michael Clark, Tim Wall
Fordham Urban Law Journal
This essay examines some of the problems widely perceived to exist within the criminal justice system. Our experience is that when both the community and the police communicate and become more involved with each other, notable successes have transpired. The strategy of community policing affords the police agency, and through it the community at large, a chance for problem-solving every time an officer responds to an incident. This is in contrast to what is now considered traditional policing, whereby a 911 operator, removed from the scene of the incident, dispatches officers and then urges them to move on as soon …
Maiming The Soul: Judges, Sentencing And The Myth Of The Nonviolent Rapist, Lynn Hecht Schafran
Maiming The Soul: Judges, Sentencing And The Myth Of The Nonviolent Rapist, Lynn Hecht Schafran
Fordham Urban Law Journal
Rape, by definition and in sentencing, is a crime that is predicated on a male-defined concept of violence. The lack of knowledge about rape trauma produces erroneous assessments or rape and erroneous sentences for rapists. The inability to recognize the damage cause by a "nonviolent" rape trivializes the seriousness of the crime and devalues the individual victim. Judges and attorneys must expand their definitions of violence to include injury to the victim's psyche.
The Race Factor And Trial By Jury, Kenneth Conboy
The Race Factor And Trial By Jury, Kenneth Conboy
Fordham Urban Law Journal
The institution of trial by jury in criminal cases, one of the great achievements in the history of civilization and a principal foundation of our federal constitutional order, is to day under challenge by two different by interrelated developments in American courtrooms. The first is the development of a broad national imperative to eliminate all aspects of racism in American legal, political, and social life. The second is the heightened scrutiny that electronic media presence is applying to the jury system. This essay explores the utility and fairness of the American trial jury and its premise as a democratic and …
The Urban Criinal Justice System & The Juror's Perception, David Lewis
The Urban Criinal Justice System & The Juror's Perception, David Lewis
Fordham Urban Law Journal
The criminal justice system is anchored in its belief that twelve citizens are capable of working together to sift through the most difficult and complicated information without any preconception or bias to arrive at a "just" result. In this essay, the author explores the diverse perceptions the various actors in a courtroom (prosecutor, defense lawyer, police officer, jurors) and discusses how these views form an integral part of the courtroom dynamic.
"A Good Murder", Leigh B. Bienen
"A Good Murder", Leigh B. Bienen
Fordham Urban Law Journal
People are profoundly interested in crimes because the law and legal punishments are supposed to address the fundamental human craving for justice. Courts are embedded in this system of law because we do not rust individuals alone or groups to judge fairly. This essay will describe a pattern which emerged when researchers examined all homicide cases in the state of New Jersey during the years immediately after the reimposition of capital punishment in 1982. Particularly relevant is the pattern of capital punishment for urban and suburban murders, and how those cases were regarded by law enforcement, the media, and the …
The Urban Criminal Justice System: Where Young + Black + Male = Probable Cause, Elizabeth A. Gaynes
The Urban Criminal Justice System: Where Young + Black + Male = Probable Cause, Elizabeth A. Gaynes
Fordham Urban Law Journal
We live in a country where one out of four young African-American men is under some form of custodial supervision. In our nation's capital, seven out of ten African-American men can anticipate being arrested and jailed at least once before reaching the age of thirty-five. We live in a city where a black man between the ages of fifteen and twenty-four is far more likely to die of homicide than all other causes combined. The official response to the problem of urban crime by minority youth has been prison, prison, and more prison. This essay provides an overview and examples …
Curing America's Addiction To Prisons, David C. Leven
Curing America's Addiction To Prisons, David C. Leven
Fordham Urban Law Journal
Our prisons have failed society because they do not, generally, provide an experience that is likely to help offenders overcome the obstacles that led them to make mistakes for which they are now being punished. Instead, they reinforce the violence and exploitation that many offenders were sentenced to prison for in the first place. They have failed because they do not promote restoration, a key to successful reintegration, and nobody benefits when offenders are more dangerous when they are released than when they entered prison. This Essay proposes that a restorative model of justice replace our failed punitive model. By …
The High Cost Of Juvenile Justice, Diane Ridley Gatewood
The High Cost Of Juvenile Justice, Diane Ridley Gatewood
Fordham Urban Law Journal
This Essay will discuss the high cost of incarcerating substantial numbers of minority juveniles and will advocate alternatives to detention. The author discusses how minority youth are disproportionately affected at multiple stages of the criminal justice process: arrests, detentions, adjudication, and disposition. The Essay further discusses the increased use of the prison system for juveniles. The Essay concludes with several recommendations for how minority youth can be treated more fairly within the system and recommends alternatives to incarceration.
Targeting Conduct: A Constitutional Method Of Penalizing Hate Crimes, Kevin N. Ainsworth
Targeting Conduct: A Constitutional Method Of Penalizing Hate Crimes, Kevin N. Ainsworth
Fordham Urban Law Journal
Forty-three states have enacted hate-crime statutes. These laws generally fall into one of two classes, either hate-speech or penalty-enhancement statutes. The former has sought to control virulent expression by punishing the utterance or display of words or symbols that the user knows will arouse anger in others on the basis of race, color, religion, gender, or some other immutable characteristic. The United States Supreme Court examined an ordinance of this type in R.A.V. v. City of St. Paul and found that the law infringed on the First Amendment right to free speech. Penalty enhancement statutes vary slightly among states, but …
The Need For Fair Trials Does Not Justify A Disciplinary Rule That Broadly Restricts An Attorney's Speech, Thomas Gibson, Diana Parker
The Need For Fair Trials Does Not Justify A Disciplinary Rule That Broadly Restricts An Attorney's Speech, Thomas Gibson, Diana Parker
Fordham Urban Law Journal
In "Gentile v. State Bar of Nevada," the Supreme Court held a Nevada law prohibiting attorneys from making extra-judicial statements that could reasonably be expected to lead to prejudiced proceedings unconstitutionally vague. The safe harbor provision of New York's restriction on extra-judicial attorney speech seems to suffer from a similar deficiency, and must therefore be amended. To cure vagueness concerns, an amended rule should pay heed to the timing of prohibited public statements by attorneys, limiting speech restrictions to the month preceding the start of the trial. The amended rule should also include a clear and present danger standard to …
The Political Economy Of Female Violent Street Crime, Deborah Baskin, Ira Sommers, Jeffrey Fagan
The Political Economy Of Female Violent Street Crime, Deborah Baskin, Ira Sommers, Jeffrey Fagan
Fordham Urban Law Journal
Our research has led us to the conclusion that women in New York City are becoming more and more likely to involve themselves in violent street crimes. This essay analyzes the developing role of women in violent street crime and poses a model, based on both historical analysis and empirical research, to explain the participation of women in violent street crimes in the 1980s.
The Urban Criminal Justice System Can Be Fair, Charles J. Hynes
The Urban Criminal Justice System Can Be Fair, Charles J. Hynes
Fordham Urban Law Journal
This essay contains perspectives on fairness in the criminal justice system. It is written by a prosecutor with experience in an urban setting. He touches on topics such as racism, jury selection, the Rodney King case, the Howard Beach Case.
What Is A "Fair" Reponse To Juvenile Crime?, Susan K. Knipps
What Is A "Fair" Reponse To Juvenile Crime?, Susan K. Knipps
Fordham Urban Law Journal
The question of how to deal fairly and effectively with the problem of juvenile crime has long perplexed the public and policy makers. The current juvenile justice system in New York State reflects this uncertainty -- as it simultaneously employs two completely different models for the adjudication of juveniles accused of unlawful acts. The first model emphasizes the provision of rehabilitative services for delinquent youth through noncriminal proceedings in the Family Court. The second model stresses the use of punitive sanctions in the adult criminal courts for more serious juvenile offenders. To begin to sort through these models, this Essay …
Jails And Prisons -- Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan
Jails And Prisons -- Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan
Fordham Urban Law Journal
The resurgence of tuberculosis (TB) in urban areas has direct and alarming consequences within the criminal justice system. Lock-up facilities, jails and prisons are TB breeding grounds. TB strikes with vengeance in populations with physical vulnerabilities caused by alcoholism, drug addiction, malnutrition, and HIV/AIDS and other immune-suppressing conditions. This Essay argues that it is time for New York State to reevaluate the mandatory sentencing laws and restrictions on plea bargaining. The interaction of HIV disease and TB offers a striking example of why justice is not served by binding the judiciary's hands. This Essay provides a medical overview of HIV …
Urban Criminal Justice: Has The Response To The Hiv Epidemic Been "Fair"?, Richard J. Andrias
Urban Criminal Justice: Has The Response To The Hiv Epidemic Been "Fair"?, Richard J. Andrias
Fordham Urban Law Journal
The HIV epidemic is almost a decade old and it is estimated that one million to two million Americans are infected. Nevertheless, too often it has been irrational fears of contagion and disapproval of the subcultures associated with the illness that have driven society's response to the epidemic. Has the legal community, which prides itself on being governed by due process and rationality, reacted any differently than society at large? To what degree have legal decisions and policies been governed by fear, prejudice, and ignorance rather than by science and sound public policy? This Essay will explore the response of …
A Moral Standard For The Prosecutor's Exercise Of The Charging Discretion, Bennett L. Gershman
A Moral Standard For The Prosecutor's Exercise Of The Charging Discretion, Bennett L. Gershman
Fordham Urban Law Journal
The prosecutor's decision to institute criminal charges is the broadest and least regulated power in American criminal law. The judicial deference shown to prosecutors generally is most noticeable with respect to the charging function. This Essay discusses three hypothetical cases that present both realistic and recurring challenges to the prosecutor's charging power. The first case depends on a factual determination of a witness's reliability. The second case depends on a factual determination of the witness's truthfulness. The third case revolves around a legal determination regarding the applicability of a defense. Together, these cases provide a setting in which a moral …