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Fordham Law School

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Bulletin Of Information 1991-1992, Fordham Law School Sep 1991

Bulletin Of Information 1991-1992, 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 Sep 1991

The Advocate, The Advocate, Fordham Law School

The Advocate

Fordham Welcomes New Faculty; CPC Addresses Market Conditions: An Interview with Career Planning Director Kathleen Brady

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Anonymous Bank Accounts: Narco-Dollars, Fiscal Fraud, And Lawyers, William W. Park Jan 1991

Anonymous Bank Accounts: Narco-Dollars, Fiscal Fraud, And Lawyers, William W. Park

Fordham International Law Journal

This Article will focus on how lawyers in countries with a tradition of bank secrecy have played a part in maintaining their clients' anonymity vis-à-vis bankers. For comparative purposes the Article will also comment on the banker's interest in knowing his or her customer's identity in a tax context, particularly when the customer claims the benefits of income tax treaties. My modest purpose is to help us all to be more aware of the divergent ethical implications of bank account anonymity.

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Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley Jan 1991

Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley

Fordham Law Review

No abstract provided.

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Judicial Responses To The Recent Enforcement Activities Of The Federal Banking Regulators, Lawrence G. Baxter Jan 1991

Judicial Responses To The Recent Enforcement Activities Of The Federal Banking Regulators, Lawrence G. Baxter

Fordham Law Review

Paper presented on April 12, 1991, as part of the Fordham University School of Law's Graduate Colloquium 1990-1991, The S&L Crisis: Death and Transfiguration. This paper is a pilot for a study being prepared for the Administrative Conference of the United States on the enforcement powers of the federal banking agencies. The views expressed herein are those of the author and do not necessarily reflect those of the Conference, its members or its staff.

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Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen Jan 1991

Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen

Faculty Scholarship

The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …

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Hare And Hounds: The Fugitive Defendant's Constitutional Right To Be Pursued, Bruce A. Green Jan 1991

Hare And Hounds: The Fugitive Defendant's Constitutional Right To Be Pursued, Bruce A. Green

Faculty Scholarship

No abstract provided.

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Felony Murder And Child Abuse: A Proposal For The New York Legislature, Barry Bendetowies Jan 1991

Felony Murder And Child Abuse: A Proposal For The New York Legislature, Barry Bendetowies

Fordham Urban Law Journal

"Lisa Steinberg's head was hit so hard her injuries matched those of a person who had fallen out of a three-story window. Over the course of three months, investigators believed that Jessica Cortez was beaten numerous times with fists, a ruler, and a belt by her mother's companion who, in addition, sexually abused her. Lisa and Jessica are only two of the many New York City children who have died as a result of child abuse in recent years; at least 126 other children died at the hands of abusive adults in 1988 alone. This alarming and ever increasing statistic …

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Prosecutorial Ethics: The Case For The Per Se Rule, Kara S. Donahue Jan 1991

Prosecutorial Ethics: The Case For The Per Se Rule, Kara S. Donahue

Fordham Urban Law Journal

“The integrity of the legal system is essential to public confidence in government. Without public confidence, the rule of law loses its meaning. The prosecutor is often the most visible participant in the criminal justice system, and thus, even the appearance of impropriety in the prosecutor's behavior erodes the public trust. He has a duty to seek justice and truth, not only to convict. This duty creates a dual role for the prosecutor: he is both an advocate seeking to obtain convictions and a minister of justice attempting to discover the truth. The public expects him to fulfill these functions …

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Criminal Malpractice: Privilege Of The Innocent Plaintiff, Susan M. Treyz Jan 1991

Criminal Malpractice: Privilege Of The Innocent Plaintiff, Susan M. Treyz

Fordham Law Review

No abstract provided.

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Equal Protection And Moral Circumstance: Accounting For Constitutional Basics, Donald E. Lively Jan 1991

Equal Protection And Moral Circumstance: Accounting For Constitutional Basics, Donald E. Lively

Fordham Law Review

No abstract provided.

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Trial Lawyers And Arco: Jurisprudentially Inconsistent Approaches To Per Se Illegality , Michael Malina Jan 1991

Trial Lawyers And Arco: Jurisprudentially Inconsistent Approaches To Per Se Illegality , Michael Malina

Fordham Law Review

Annual Antitrust Reviews have been presented at the Association of the Bar of the City of New York since 1948, when Progessor Milton Handler instituted the series. The 1990 Review was presented on November 14, 1990, and the following articles are based on those presentations.

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After The Fall: The Criminal Law Enforcement Response To The S&L Crisis, Bruce A. Green Jan 1991

After The Fall: The Criminal Law Enforcement Response To The S&L Crisis, Bruce A. Green

Fordham Law Review

No abstract provided.

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Reagan's Judicial Appointees And Antitrust In The 1990s, William E. Kovacic Jan 1991

Reagan's Judicial Appointees And Antitrust In The 1990s, William E. Kovacic

Fordham Law Review

No abstract provided.

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Waiver Of The Criminal Defendant's Right To Testify: Constitutional Implications, Reed Harvey Jan 1991

Waiver Of The Criminal Defendant's Right To Testify: Constitutional Implications, Reed Harvey

Fordham Law Review

No abstract provided.

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Law In The 21st Century, Monroe Freedman Jan 1991

Law In The 21st Century, Monroe Freedman

Fordham Law Review

No abstract provided.

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The Advocate, The Advocate, Fordham Law School Nov 1990

The Advocate, The Advocate, Fordham Law School

The Advocate

Fordham and the Law: Beyond Natural Law: an Identity for Fordham Law School; G. Gordon Liddy: a Warm Homecoming?; Fordham Takes a First Step Towards Joining the Public Interest Movement

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The Free Press-Fair Trial Conflict–What's A Lawyer To Say?, C. Evan Stewart Oct 1990

The Free Press-Fair Trial Conflict–What's A Lawyer To Say?, C. Evan Stewart

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Bulletin Of Information 1990-1991, Fordham Law School Oct 1990

Bulletin Of Information 1990-1991, 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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Individual Rights And The Doctrine Of Speciality: The Deteriorations Of The United States V, Rauscher, Christopher J. Morvillo Jan 1990

Individual Rights And The Doctrine Of Speciality: The Deteriorations Of The United States V, Rauscher, Christopher J. Morvillo

Fordham International Law Journal

This Note argues that U.S. courts must permit an extradited individual to invoke treaty rights under the doctrine of speciality. Part I traces the history of extradition and the development of the doctrine of speciality. Part II analyzes the cases that address the issue of individual rights and the doctrine of speciality. Part III argues that extradition treaties vest defendants with the right to invoke the doctrine of speciality's protection. This Note concludes that defendants must be granted the right to raise violations of the doctrine of speciality to protect the integrity and purpose of extradition treaties.

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The Expanding Right Of Access: Does It Extend To Search Warrant Affidavits?, Erica A. Kaston Jan 1990

The Expanding Right Of Access: Does It Extend To Search Warrant Affidavits?, Erica A. Kaston

Fordham Law Review

No abstract provided.

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Sixth Amendment Implications Of Informant Participation In Defense Meetings, David R. Lurie Jan 1990

Sixth Amendment Implications Of Informant Participation In Defense Meetings, David R. Lurie

Fordham Law Review

No abstract provided.

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Custody Battle: The Force Of U.S. Immigration And Naturalization Service Detainers Over Imprisoned Aliens, Jonathan E. Stempel Jan 1990

Custody Battle: The Force Of U.S. Immigration And Naturalization Service Detainers Over Imprisoned Aliens, Jonathan E. Stempel

Fordham International Law Journal

This Note argues that the INS may obtain custody over aliens for habeas corpus purposes by filing detainers with their respective prisons. Part I traces the history of habeas corpus and the expanding meaning that U.S. courts have given the term “custody.” Part I also illustrates the difficulty of defining a detainer for custodial purposes. Part II sets forth the approaches that courts use to determine the custodial effects of INS detainers. Part III submits that courts should review the intent behind the filing of an INS detainer to ascertain properly a detainer's custodial effect. This Note concludes that a …

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The European Convention On The Compensation Of Victims Of Violent Crimes: A Decade Of Frustration, Nicholas C. Katsoris Jan 1990

The European Convention On The Compensation Of Victims Of Violent Crimes: A Decade Of Frustration, Nicholas C. Katsoris

Fordham International Law Journal

In July 1983, after nearly a decade of discussion, the Council of Europe adopted the European Convention on the Compensation of Victims of Violent Crimes. The Convention seeks to harmonize Europe's existing crime victims compensation schemes by providing a set of guidelines for the treatment of domestic and foreign crime victims. The Convention thereby seeks to establish consistent victims compensation schemes in its member states. This Note argues that the Convention fails to address adequately the problem of cost, thus failing in its goal of uniformity. Part I of this Note discusses the theory of victims compensation and the Convention. …

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Civil Rico Misread: The Judicial Repeal Of The 1988 Amendments To The Foreign Corrupt Practices Act, Raymond J. Dowd Jan 1990

Civil Rico Misread: The Judicial Repeal Of The 1988 Amendments To The Foreign Corrupt Practices Act, Raymond J. Dowd

Fordham International Law Journal

This Note argues that civil RICO should not provide a remedy for a party claiming injury due to the commercial bribery of a foreign official. Part I discusses the purposes and the legislative history of the FCPA and RICO. Part II analyzes cases that apply RICO to FCPA violations. Part III illustrates that applying civil RICO to FCPA violations frustrates congressional intent in enacting and amending both the FCPA and RICO. This Note concludes that under proper statutory construction, civil RICO's provisions do not apply to the act of bribing a foreign official.

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Zealous Representation Bound: The Intersection Of The Ethical Codes And The Criminal Law, Bruce A. Green Jan 1990

Zealous Representation Bound: The Intersection Of The Ethical Codes And The Criminal Law, Bruce A. Green

Faculty Scholarship

Professional codes adopted by states and based on the Model Rules of Professional Conduct and the Model Code of Professional Responsibility govern lawyers' conduct. The ethical codes, however, fail to address many ethical questions confronting lawyers. In this Article, Professor Bruce Green highlights the ethical codes' weaknesses, particularly as they relate to the conduct of criminal defense attorneys. As he describes, the ethical codes require advocates to represent their clients "zealously," but, at the same time, "within the bounds of the law." When the codes do not proscribe conduct that would advance their clients' causes, conscientious advocates must consider whether …

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Excessive Force And The Fourth Amendment: When Does Seizure End?, Mitchell W. Karsch Jan 1990

Excessive Force And The Fourth Amendment: When Does Seizure End?, Mitchell W. Karsch

Fordham Law Review

No abstract provided.

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The Prosecutor, The Press, And Free Speech, Scott, Jr. M. Matheson Jan 1990

The Prosecutor, The Press, And Free Speech, Scott, Jr. M. Matheson

Fordham Law Review

No abstract provided.

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Compulsory Psychological Examination In Sexual Offense Cases: Invasion Of Privacy Or Defendant’S Right?, Judith Greenberg Jan 1990

Compulsory Psychological Examination In Sexual Offense Cases: Invasion Of Privacy Or Defendant’S Right?, Judith Greenberg

Fordham Law Review

No abstract provided.

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Deterring The Formation Of The Attorney-Client Relationship: Disclosure Of Client Identity, Payment Of Fees, And Communications By Fiduciaries, Daniel J. Capra Jan 1990

Deterring The Formation Of The Attorney-Client Relationship: Disclosure Of Client Identity, Payment Of Fees, And Communications By Fiduciaries, Daniel J. Capra

Faculty Scholarship

No abstract provided.

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