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Should Judges Consider The Demographics Of The Jury Pool In Deciding Change Of Venue Application?, Peter M. Kougasian Jan 1993

Should Judges Consider The Demographics Of The Jury Pool In Deciding Change Of Venue Application?, Peter M. Kougasian

Fordham Urban Law Journal

This Essay considers the narrow question of whether, in changing venue, a court ought in principle to consider the demographic diversity of the venue. Deciding this issue require consideration of two preliminary questions: what is an impartial jury? And what role, if any, does racial diversity play in empaneling an impartial jury? The Rodney King trial raises questions about the dynamics of the jury panel, rather than the qualifications of individual jurors. After the Rodney King verdict, the Court's reasoning in the Batson line of cases seems naive for two reasons. First, the Court's faith in the ability of voire …

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The Big Black Man Syndrome: The Rodney King Trial And The Use Of Racial Stereotyes In The Courtroom, Lawrence Vogelman Jan 1993

The Big Black Man Syndrome: The Rodney King Trial And The Use Of Racial Stereotyes In The Courtroom, Lawrence Vogelman

Fordham Urban Law Journal

Rodney King was portrayed as the prototypical "Big Black Man". Having recognized the existence of the Big Black Man Syndrome as a factor in the Rodney King Case, what are the moral and ethical implications of allowing defense counsel to so cleverly play upon the racial fears they evidently recognized? The issue is whether the use of racist arguments by defense counsel in a criminal trial is unethical. This essay explores the ethical consideration that come into play where a trial advocate is faced with a case where racism, homophobia, or ethnic prejudice is part of the courtroom dynamic.

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The Urban Crimnal Justice System: A Case Of Fairness, John F. Keenan Jan 1993

The Urban Crimnal Justice System: A Case Of Fairness, John F. Keenan

Fordham Urban Law Journal

This short essay contains the presiding judges recollections of the case People v. Robles as a way to discuss public perception of fairness in the criminal justice system.

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Urban Criminal Justice: No Fairer Than The Larger Society, Joanne Page Jan 1993

Urban Criminal Justice: No Fairer Than The Larger Society, Joanne Page

Fordham Urban Law Journal

This Essay reflects the author's personal perspective on the fairness of the criminal justice system. She argues that the key to assessing the fairness of the system is to examine it, not in isolation, but within a larger social context. The criminal justice system is part of the larger society, shares its values and is shaped by its allocation of resources. The criminal justice system is consistent with the values of that larger society: It treats the lives of poor people and people of color as being of inferior worth, skewing its intervention toward control and punishment rather than toward …

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Paul O'Mahony, Crime And Punishment In Ireland, Donal E.J. Mac Namara Jan 1993

Paul O'Mahony, Crime And Punishment In Ireland, Donal E.J. Mac Namara

Fordham International Law Journal

Only within the last decade, however, have courses in comparative justice systems proliferated, usually in schools or departments of criminology, criminal justice, police and/or corrections administration, and more frequently in graduate than undergraduate programs. Several factors contribute to the lack of interest in comparative criminology. First, the United States has had a long history of isolationism. A second area of difficulty arises from the paucity of readily available source materials available to professors and students. English on the criminal justice systems of non-English speaking nations are much more limited and of widely varying quality. Courses on comparative criminal justice, offered …

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Political Reality Testing: 1993, Derrick Bell Jan 1993

Political Reality Testing: 1993, Derrick Bell

Fordham Law Review

No abstract provided.

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Perspectives On Disclosing Rape Victims' Names, Deborah W. Denno Jan 1993

Perspectives On Disclosing Rape Victims' Names, Deborah W. Denno

Fordham Law Review

In this Essay, Professor Denno examines the century-long conflict between an individual's right to privacy and the freedom of the press in the context of the media's disclosure of rape victims' names. Part I briefly reviews the United States Supreme Court's primary rulings on this topic, explaining that the Court has generally protected the freedom of the press under the First Amendment Part I emphasizes, however, that the Court has left available an opportunity for a con- trary interpretation under certain circumstances in Florida Star v. BJ.F., the Court's last ruling concerning the disclosure of rape victims' names. Part I1 …

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The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Linda Fairstein Jan 1993

The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Linda Fairstein

Fordham Law Review

No abstract provided.

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The Advocate, The Advocate, Fordham Law School Dec 1992

The Advocate, The Advocate, Fordham Law School

The Advocate

Judge Pierce Attracts the Largest Audience Ever for a Sonnett Lecture; Personal Safety; New York Bar Group Favors Easing Restrictions for Bar Exam Appeals

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Bulletin Of Information 1992-1993, Fordham Law School Nov 1992

Bulletin Of Information 1992-1993, 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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The Advocate, The Advocate, Fordham Law School Nov 1992

The Advocate, The Advocate, Fordham Law School

The Advocate

The J.A.G. Controversy; O.W.L.S. Spotted on Campus

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Fordham Lawyer, Vol. 2 No. 2 - Summer 1992, Fordham Law School Jun 1992

Fordham Lawyer, Vol. 2 No. 2 - Summer 1992, 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.

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The Advocate, The Advocate, Fordham Law School Mar 1992

The Advocate, The Advocate, Fordham Law School

The Advocate

Over $30,000 raised at FSSF Auction; Astonishing Turnout Fosters a Spirit of Community and Generosity; Mandatory Pro-Bono Debated at Fordham; Faculty Suspends Consideration for Another Year

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Simon & Schuster, Inc. V. Members Of The New York State Crime Victims Board: The Demise Of New York’S Son Of Sam Law And The Decision That Could Have Been, Ralph W. Johnson, Iii Mar 1992

Simon & Schuster, Inc. V. Members Of The New York State Crime Victims Board: The Demise Of New York’S Son Of Sam Law And The Decision That Could Have Been, Ralph W. Johnson, Iii

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The New World Order And The Need For An International Criminal Court, William N. Gianaris Jan 1992

The New World Order And The Need For An International Criminal Court, William N. Gianaris

Fordham International Law Journal

This Article contends that the current status of international law enforcement is inadequate to address the newly emergent problems of international crime and that new measures are needed. Part I briefly reviews the historical background of international cooperation in the field of law enforcement, including past attempts to form an international criminal court. Part II describes and analyzes the current status of international law enforcement, including the most recent and extensive attempt to increase the level of cooperation in the field of international drug trafficking, the 1988 U.N. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Part III …

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A Modest Proposal To End Gun Running In America, Jeremy Travis, William Smarrito Jan 1992

A Modest Proposal To End Gun Running In America, Jeremy Travis, William Smarrito

Fordham Urban Law Journal

Gun violence is a serious issue in our society. However, finding common ground between those who favor, and those who oppose, gun control can be a difficult task. Mayor David Dinkins and the Police Department propose a four prong solution that would pave a middle ground acceptable to most individuals. (1) put teeth into the existing federal regulations concerning those proscribed from purchasing a gun, (2) limit interstate shipment of firearms only to those federal firearms dealers who show that they have complied with any existing local firearms dealer requirements; (3) provide tracing capabilities for interstate shipments of weapons; and …

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Weakness Of The Collateral Consequences Doctrine: Counsel's Duty To Inform Aliens Of The Deportation Consequences Of Guilty Pleas, Guy Cohen Jan 1992

Weakness Of The Collateral Consequences Doctrine: Counsel's Duty To Inform Aliens Of The Deportation Consequences Of Guilty Pleas, Guy Cohen

Fordham International Law Journal

This Note argues that attorneys have an affirmative duty to inform defendants of the immigration ramifications of guilty please. Part I analyzes the general test for ineffective assistance of counsel, the rules and standards related to guilty please and the overlap between criminal law and immigration law. Part II examines the split of authority in the lower courts over whether misinforming or failing to inform defendants about immigration reprecussions should result in reversal of guilty pleas. Part III argues that attorneys have a duty to inform aliens of the deportation possibilities of guilty pleas.

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The Urban Crisis And The Federal Government's Retreat: Catalyzing Public Policy Choices To Save Our Cities, David R. Jones Jan 1992

The Urban Crisis And The Federal Government's Retreat: Catalyzing Public Policy Choices To Save Our Cities, David R. Jones

Fordham Urban Law Journal

Sections of our cities have been abandoned to a host of poverty-related social ills whose causes have as much to do with the state of the national and regional economies, structural changes in the job market, and political decision-making as they have to do with individual life-histories and personal misfortune. Bleak outcomes are not inevitable and can be reversed by understanding why faulty policy options were adopted and what it will take to formulate new policies. This essay argues for the need of proactive solutions like in combating our urban povery problem by using, (1) a "Marshall Plan" for cities, …

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A Case Study In Fiscal Federalism: New York City And New York State, Carol O'Cleireacain Jan 1992

A Case Study In Fiscal Federalism: New York City And New York State, Carol O'Cleireacain

Fordham Urban Law Journal

This essay argues that under the current system of American state and local government funding schemes, there is a permanent imbalance between revenues and expenditures as a result of strain placed on local governments by other levels of government which can only be fixed with actions take by these other levels of government. This essay examines the current structure of American "Fiscal Federalism", the recent experience of America's cities with Fiscal Federalism (particularly New York), changing relationship between city and state government, and Governor Mario Cuomo's proposal for a phased-in takeover of Medicaid spending. The author concludes that the Governor's …

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Dispelling The Myths About The "Battered Woman's Defense:" Towards A New Understanding, Michael Dowd Jan 1992

Dispelling The Myths About The "Battered Woman's Defense:" Towards A New Understanding, Michael Dowd

Fordham Urban Law Journal

This essay explores the growth of the use of self-defense by battered women from a historical perspective in order to explain the magnitude of the prejudices these defendants face. The essay suggests that a redefinition of Battered Woman's Syndrome will ease much of the criticism from feminists and eliminate the confusion in the legal profession surrounding the use of self-defense by battered women. The essay also pushes for a redefinition of the concept of "imminence" to encompass the realities of a battered woman's life.

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Bias Crime: A Call For Alternative Responses, Abraham Abramovsky Jan 1992

Bias Crime: A Call For Alternative Responses, Abraham Abramovsky

Fordham Urban Law Journal

The argument for enacting laws to punish and deter bias crime does not always benefit from clear and unambiguous examples of bias driven murder. A frustrating factor in some of the widely publicized reports of bias-related assault is the element of ambiguity: where a member of one race or religion injures a member of another race or religion, even perhaps articulating the difference between attacker and victim by means of an expletive or other statement, the question inevitably arises whether the attack was the product of bias alone, or did other factors, such as an intent to rob or rape, …

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The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris Jan 1992

The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris

Fordham Urban Law Journal

After Fordham University moved the School of Law to the cultural hub at Lincoln Center, the problems associated with our urban areas began to accelerate. It became apparent that a closer focus had to be directed specifically at the urban problems of the nation, with particular emphasis on the affairs of its then largest city and state - New York. Thus, the Fordham Urban Law Journal (ULJ or Journal) published its first issue in 1972, exactly 20 years ago. This article commemorates the 20th anniversary of the Urban Law Journal, reflecting on the Journal's most notable accomplishments and tracing its …

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The Constitution And Capital Sentencing: Pursuing Justice And Equality, Scott W. Howe Jan 1992

The Constitution And Capital Sentencing: Pursuing Justice And Equality, Scott W. Howe

Fordham Law Review

Equal Justice and The Death Penalty: A Legal and Empirical Analysis. By David C. Baldus, George Woodworth and Charles Pulaski, Jr. Boston: Northeastern University Press. 1990. Pp. Vii, 689. $65.00

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Wanted: Criminal Justice -Colombia's Adoption Of A Prosecutorial System Of Criminal Procedure, Michael R. Pahl Jan 1992

Wanted: Criminal Justice -Colombia's Adoption Of A Prosecutorial System Of Criminal Procedure, Michael R. Pahl

Fordham International Law Journal

This Article explores the fundamental historical change in Colombia's criminal procedure. Part I of this Article will present a brief history of the inquisitorial system of criminal procedure, laying the foundation for an understanding the unique Columbian development of criminal procedure. A description of Colombia's inquisitorial system follows, focusing especially on structural barriers in the previous inquisitorial system that hampered effective law enforcement. Part II discusses the failure of the inquisitorial system. A description of the prosecutorial system adopted in November 1991 is then presented in Part III.

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In Re Extradition Of Khaled Mohammed El Jassem: The Demise Of The Political Offense Provision In U.S.-Italian Relations, Santo F. Russo Jan 1992

In Re Extradition Of Khaled Mohammed El Jassem: The Demise Of The Political Offense Provision In U.S.-Italian Relations, Santo F. Russo

Fordham International Law Journal

This Comment argues that the Al-Jawary decision is justified and that the cooperation achieved between the United States and Italy in this case reveals the importance of adhering to legal channels in the extradition of terrorists. Part I examines the history of extradition and reviews the respective approaches to the political offense doctrine adopted by both the United States and Italy. Part II discusses the factual and procedural background of AI-Jawary, the judgment of the Court of Cassation, and the reasoning behind the Court's opinion. Part III argues that AI-Jawary represents a proper interpretation of the political offense doctrine under …

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"Death Is Different" And Other Twists Of Fate, Deborah W. Denno Jan 1992

"Death Is Different" And Other Twists Of Fate, Deborah W. Denno

Faculty Scholarship

Professor Welsh White's book, The Death Penalty in the Nineties, reviews those United States Supreme Court decisions and developments that have occurred in the four years since the publication of his earlier book, The Death Penalty in the Eighties. In The Nineties, White claims that these recent developments, which have significantly limited capital defendants' habeas corpus appeals, are likely to increase both the rate and the geographical reach of executions which, in the past, have occurred mostly in the South. After discussing some of the analytical and methodological shortcomings of The Nineties, this review will focus on The Nineties' most …

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Inaugural Address Inaugural Address, John D. Feerick Jan 1992

Inaugural Address Inaugural Address, John D. Feerick

Faculty Scholarship

I am honored and humbled to accept the designation of the Nominating Committee and membership to become president of this venerable Association. I feel especially privileged to be the first member of the academic community to be chosen since Robert McKay, who was for me a role model and special friend. In accepting this designation, I become heir to a tradition of remarkable service by the presidents of this Association for more than 120 years. Their names are synonymous with the best of the American legal profession in so many ways, and especially if judged by a standard of commitment …

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Lethal Fiction: The Meaning Of "Counsel" In The Sixth Amendment , Bruce A. Green Jan 1992

Lethal Fiction: The Meaning Of "Counsel" In The Sixth Amendment , Bruce A. Green

Faculty Scholarship

Charles Bell, Donald Paradis, and Shirley Tyler were tried in different states for murder. Each was convicted and sentenced to death. Charles Bell was represented at trial by a recent law school graduate who had never before tried a criminal case to completion. Donald Paradis's lawyer had passed the bar exam six months earlier, had never previously represented a criminal accused, and had not elected courses in criminal law, criminal procedure, or trial advocacy while in law school. Shirley Tyler's trial lawyer was also a member of the bar for only a few months. He had defended one previous assault …

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Why So Many Lawyers? Are They Good Or Bad?, Robert C. Clark Jan 1992

Why So Many Lawyers? Are They Good Or Bad?, Robert C. Clark

Fordham Law Review

In this essay, Dean Clark examines the popular notion that the United States has too many lawyers and that this abundance burdens the nation. While acknowledging the great growth of law and lawyers in recent decades, Dean Clark argues that, before denouncing this trend, we should first seek to develop a fuller explanation of its causes and consequences. After discussing just what it is that lawyers do, Dean Clark critiques three current "cancerous growth" theories that attempt to explain why there has been such a great and unhealthy increase in the number of lawyers Dean Clark then offers and analyzes …

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The Empire Strikes Back: The Taking Of Joe Doherty, James T. Kelly Jan 1992

The Empire Strikes Back: The Taking Of Joe Doherty, James T. Kelly

Fordham Law Review

In this Article, Mr. Kelly summarizes the eight year diplomatic and legal effort to return Joe Doherty, a member of the Provisional Irish Republican Army, from the United States to the United Kingdom, where he was wanted for his role in the death of a British soldier and for his escape from prison. The Article begins by considering the British-Irish conflict over the partition of Ireland and the political and diplomatic role the United States has played in mediating that conflict. It then recounts the unsuccessful efforts of the United States and the United Kingdom to extradite Doherty, and the …

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