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Articles 1501 - 1530 of 1757
Full-Text Articles in Entire DC Network
Fordham Lawyer, Vol. 2 No. 1 - Winter 1989, Fordham Law School
Fordham Lawyer, Vol. 2 No. 1 - Winter 1989, 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.
Bulletin Of Information 1989-1990, Fordham Law School
Bulletin Of Information 1989-1990, 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
Getting At The Truth: Adversarial Hearings In Batson Inquiries, L. Ashley Lyu
Getting At The Truth: Adversarial Hearings In Batson Inquiries, L. Ashley Lyu
Fordham Law Review
No abstract provided.
Bifurcated Jury Deliberations In Criminal Rico Trials, Robert M. Grass
Bifurcated Jury Deliberations In Criminal Rico Trials, Robert M. Grass
Fordham Law Review
No abstract provided.
All’S Fair: No Remedy Under Title Iii For Interspousal Surveillance, Cori D. Stephens
All’S Fair: No Remedy Under Title Iii For Interspousal Surveillance, Cori D. Stephens
Fordham Law Review
No abstract provided.
Bias Crimes: Unconscious Racism In The Prosecution Of Racially Motivated Violence, Tanya K. Hernandez
Bias Crimes: Unconscious Racism In The Prosecution Of Racially Motivated Violence, Tanya K. Hernandez
Faculty Scholarship
Within the past four years, a perceived surge of "bias crimes" has seized the nation's attention. Bias crimes, physical acts of violence used as an outlet for prejudiced hostilities, are usually street crimes spontaneously committed by casual clusters of "normal people on the street" with very little advanced planning. This Note focuses on the physical injuries to persons that result from bias crimes. Such physical injuries represent cog- nizable harms that can be redressed through criminal statutes.'
The United Kingdom's Obligation To Balance Human Rights And Its Anti-Terrorism Legislation: The Case Of Brogan And Others, Patricia M. Roche
The United Kingdom's Obligation To Balance Human Rights And Its Anti-Terrorism Legislation: The Case Of Brogan And Others, Patricia M. Roche
Fordham International Law Journal
The Note argues that the UK must modify its extrajudicial detention legislation in order to comply with the prompt appearance requirement of Article 5(3) of the European Convention. It analyzes the history of the conflict between Northern Ireland the the UK leading to the implementation of the extrajudicial powers of arrest and detention and the Court's decision in the Case of Brogan and Others. The Note further argues that the eventual permanent derogation which the UK employs is untenable under the EC and recommends judicial reinterpretation.
Drug Legalization: The Importance Of Asking The Right Question Symposium On Drug Decriminalization, Mark A.R. Kleinman, Aaron J. Saiger
Drug Legalization: The Importance Of Asking The Right Question Symposium On Drug Decriminalization, Mark A.R. Kleinman, Aaron J. Saiger
Faculty Scholarship
As a policy analysis, this article's central argument is that that the costs imposed by markets in licit psychoactives are significantly greater than those imposed by drug prohibition.
Law School's Pro Bono Role: A Duty To Require Student Public Service, Frederick J. Martin Iii
Law School's Pro Bono Role: A Duty To Require Student Public Service, Frederick J. Martin Iii
Fordham Urban Law Journal
The immense legal needs of the indigent are not being met. Pro bono work is the responsibility of every lawyer, but most lawyers do not do any pro bono work. The author argues that law schools have a responsibility not only to nurture student interest in pro bono work but also to develop students’ abilities to provide legal services to the indigent. The author proposes that law schools require students to participate in programs that provide legal services to the poor, either through a private organization or through a clinical program. The author contends that the latter method would be …
The Case Against Lillian Hellman: A Literary/Legal Defense, Daniel J. Kornstein
The Case Against Lillian Hellman: A Literary/Legal Defense, Daniel J. Kornstein
Fordham Law Review
No abstract provided.
The Victim And Witness Protection Act Of 1982: Retroactive Application For Continuing Crimes, Douglas J. Kepple
The Victim And Witness Protection Act Of 1982: Retroactive Application For Continuing Crimes, Douglas J. Kepple
Fordham Law Review
No abstract provided.
Teaching Mediation As A Lawyering Role Developments, Jacqueline Nolan-Haley
Teaching Mediation As A Lawyering Role Developments, Jacqueline Nolan-Haley
Faculty Scholarship
The growth of the alternative dispute resolution (ADR) movement has generated an increased interest in the study and practice of mediation as a nonadversarial method of conflict resolution. With mediation, individuals settle their disputes using a neutral third party who has no power to impose a settlement. Historically, mediation has been widely neglected in legal education, and-except for those involved in the labor field-lawyers have not practiced it. Recent gains in visibility have not necessarily resulted in widespread acceptance of mediation. In fact, mediation has even been openly resisted by some members of the legal profession.
Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile
Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile
Faculty Scholarship
In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.
Through A Glass, Darkly: How The Court Sees Motions To Disqualify Criminal Defense Lawyers , Bruce A. Green
Through A Glass, Darkly: How The Court Sees Motions To Disqualify Criminal Defense Lawyers , Bruce A. Green
Faculty Scholarship
Although raised frequently in the lower courts, the question of what the trial judge's role is in conflict-of-interest cases has, for nearly half a century, lurked in the background of the Supreme Court's decisions concerning the scope of a criminal defendant's right to the undivided loyalty of his attorney. Last term, as its conflict-of-interest jurisprudence reached middle age, the Court had the opportunity to articulate its views on that question. In Wheat v. United States, the Court held that a trial judge has discretion to disqualify defense counsel, even over the defendant's objection, if a serious possibility for a conflict …
In Defence Of Poesie, Michael L. Richmond
Special Assessments And The Origination Clause: A Tax On Crooks?, Marie T. Farrelly
Special Assessments And The Origination Clause: A Tax On Crooks?, Marie T. Farrelly
Fordham Law Review
No abstract provided.
Bulletin Of Information 1988-1989, Fordham Law School
Bulletin Of Information 1988-1989, 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
Yearbook 1988, Rose A. Gill
Yearbook 1988, Rose A. Gill
Fordham Law School Yearbook
1988 Yearbook, Fordham University School of Law.
The Civil Rico Pattern Requirement: Continuity And Relationship, A Fatal Attraction?, Patrick J. Ryan
The Civil Rico Pattern Requirement: Continuity And Relationship, A Fatal Attraction?, Patrick J. Ryan
Fordham Law Review
No abstract provided.
The Armed Career Criminal Act: Sentence Enhancement Statute Or New Offense?, Jill C. Rafaloff
The Armed Career Criminal Act: Sentence Enhancement Statute Or New Offense?, Jill C. Rafaloff
Fordham Law Review
No abstract provided.
Constitutionality Of Regulations Restricting Prisoner Correspondence With The Media, Daniel M. Donovan, Jr.
Constitutionality Of Regulations Restricting Prisoner Correspondence With The Media, Daniel M. Donovan, Jr.
Fordham Law Review
No abstract provided.
Her Brother's Keeper: The Prosecutor's Responsibility When Defense Counsel Has A Potential Conflict Of Interest , Bruce A. Green
Her Brother's Keeper: The Prosecutor's Responsibility When Defense Counsel Has A Potential Conflict Of Interest , Bruce A. Green
Faculty Scholarship
What are the responsibilities of a prosecutor when she learns in the course of preparing for trial that defense counsel has a potential conflict of interest? Must the prosecutor alert defense counsel and the trial judge to the problem? May she move to disqualify defense counsel? This Article explores the responsibilities that courts have begun to, and ought to, impose on prosecutors. In large part, the prosecutor's responsibilities are subordinate to those of defense counsel and the trial judge, who have the primary responsibility to ensure that the defendant's right to independent counsel is not unfairly abridged. Therefore, as background …
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Faculty Scholarship
The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …
Blaming The Victim: The Admissibility Of Sexual History In Homicides, Joan L. Brown
Blaming The Victim: The Admissibility Of Sexual History In Homicides, Joan L. Brown
Fordham Urban Law Journal
This Note analyzes whether legislation analogous to rape-shield statutes should be enacted to limit testimony concerning the prior sexual history of a murder victim. The Note discusses the historical development of rape-shield statutes and the policies underlying their enactment, examines the constitutional of rape-shield statutes, and discusses the rationale behind state court decisions upholding the constitutionality of rape-shield statutes. The Note then considers whether existing law concerning the right of privacy and testimonial privileges may be construed to enable the family members of a murder victim to prevent the exposure of a deceased victim's sexual past. Based upon this analysis, …
The Unanimous Acquittal Instruction: A Rational Approach To Instructing Jurors On Lesser Included Offenses, David Y. Atlas
The Unanimous Acquittal Instruction: A Rational Approach To Instructing Jurors On Lesser Included Offenses, David Y. Atlas
Fordham Urban Law Journal
This Note proposes that all courts embrace the unanimous acquittal instruction because it encourages the jury to engage in an effective and conscientious deliberative process. The disagreement instruction not only fosters imprudent decision making, but also invites the jury to abuse its power to render a compromise verdict and thus is a wholly inappropriate method for instructing jurors on their consideration of lesser included offenses. Part II of this Note explores the background of the lesser offense doctrine, the elements of each instruction and the rationale behind recent judicial precedent in this area. Part III sets forth empirical research on …
Protecting The Parental Rights Of Incarcerated Mothers Whose Children Are In Foster Care: Proposed Changes To New York's Terminaton Of Parental Rights Law, Philip M. Genty
Fordham Urban Law Journal
This Article examines the parental rights of incarcerated mothers under New York's foster care and termination of parental rights laws. It describes the foster care system in New York, the grounds for a termination of parental rights proceeding, and the problems that persist despite New York's legislative reforms. After examining these problems, the author proposes several legislative solutions, which include: (1) improving incarcerated parents' access to court proceedings; and (2) requiring social services agencies and prison officials to provide the services necessary to maintain and strengthen the parents' parental relationships. This Article concludes that, while New York has enacted legislation …
Rule 609(A) In The Civil Context: A Recommendation For Reform, Teree E. Foster
Rule 609(A) In The Civil Context: A Recommendation For Reform, Teree E. Foster
Fordham Law Review
No abstract provided.
Rico Forfeiture And Obscenity: Prior Restraint Or Subsequent Punishment?, John J. O'Donnell
Rico Forfeiture And Obscenity: Prior Restraint Or Subsequent Punishment?, John J. O'Donnell
Fordham Law Review
No abstract provided.
Human Biology And Criminal Responsibility: Free Will Of Free Ride ?, Deborah W. Denno
Human Biology And Criminal Responsibility: Free Will Of Free Ride ?, Deborah W. Denno
Faculty Scholarship
This Comment presents three major arguments concerning biological deficiency defenses, using, respectively, a critique of biosocial science research, a statistical model of biological and sociological data, and an examination of theories and philosophies on causation and behavior. First, this Comment argues that there should be no defense to mitigate criminal responsibility except in the less that one percent of cases eligible for the insanity defense. Second, this Comment argues that social science research has not successfully demonstrated sufficiently strong links between biological factors and criminal behavior to warrant major consideration in determining criminal responsibility. Third, this Comment demonstrates that no …
Law And Post-Apartheid South Africa, Winston P. Nagan
Law And Post-Apartheid South Africa, Winston P. Nagan
Fordham International Law Journal
This Article examines South African perspectives on the legal system within South Africa post-Apartheid, in particular the new focus on human rights.