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Articles 1561 - 1590 of 1757
Full-Text Articles in Entire DC Network
Death After Life: The Future Of New York's Mandatory Death Penalty For Murders Committed By Life-Term Prisoners, Andrea Galbo
Death After Life: The Future Of New York's Mandatory Death Penalty For Murders Committed By Life-Term Prisoners, Andrea Galbo
Fordham Urban Law Journal
This Note analyzes the relevant Supreme Court death penalty decisions from 1972 to 1985 in order to compare New York's mandatory death statute for life-term prisoners who murder with other state death penalty statutes that have been reviewed by the Supreme Court. After considering both the legal and nonlegal arguments, this Note concludes that there can not and should not be a mandatory death penalty for life-term prisoners who murder in New York. This Note recommends that the New York legislature draft a discretionary death penalty statute for life-term prisoners who murder. A discretionary death penalty statute, which provides for …
Electronic Publishing: First Amendment Issues In The Twenty-First Century, Lynn Becker
Electronic Publishing: First Amendment Issues In The Twenty-First Century, Lynn Becker
Fordham Urban Law Journal
In six sections, the author explores regulation of the then-emerging field of tele-communications, including electronic publishing, e-mail, electronic bulletin boards, teletype, and digital banking. Focusing on how the First Amendment applies to claims of defamation and obscenity made in an electronic format, the author proposes a unified regulatory scheme based on existing communications regulation law that will unify telecommunications policy countrywide. The first two sections are devoted to explanation of the then-novel forms of electronic communication and giving the history of the FCC and communications and data regulation in the US. The author describes the distinction between press regulation, broadcast …
Admissibility Of Subsequent Remedial Measures Evidence In Diversity Actions Based On Strict Products Liability, Andrea Lynne Flink
Admissibility Of Subsequent Remedial Measures Evidence In Diversity Actions Based On Strict Products Liability, Andrea Lynne Flink
Fordham Law Review
No abstract provided.
New York's System Of Indeterminate Sentencing And Parole: Should It Be Abolished?, Jeanine M. Schupbach
New York's System Of Indeterminate Sentencing And Parole: Should It Be Abolished?, Jeanine M. Schupbach
Fordham Urban Law Journal
New York State's indeterminate sentencing and parole system of 1985 resulted in sentence disparity, uncertain and prolonged prison terms and prisoner unrest rather than in peaceful prison rehabilitation. The length of imprisonment and time of release under an indeterminate sentencing system are dependent upon the prisoner's need for and responsiveness to correctional treatment programs. In response to the problems of indeterminate sentencing, the federal government and several state legislatures abandoned or modified indeterminacy and have adopted a variety of fixed sentencing plans. This Note describes the history and development of the indeterminate sentencing and parole system. It exposes the flaws …
Acceptance Of Partial Verdicts As A Safeguard Against Double Jeopardy, Mary S. O'Keefe
Acceptance Of Partial Verdicts As A Safeguard Against Double Jeopardy, Mary S. O'Keefe
Fordham Law Review
No abstract provided.
Applying Wainright V. Sykes To State Alternative Holdings And Summary Affirmances, James W. Dobbins
Applying Wainright V. Sykes To State Alternative Holdings And Summary Affirmances, James W. Dobbins
Fordham Law Review
No abstract provided.
Equal Employment And Third Party Privacy Interests: An Analytical Framework For Reconciling Competing Rights, Deborah A. Calloway
Equal Employment And Third Party Privacy Interests: An Analytical Framework For Reconciling Competing Rights, Deborah A. Calloway
Fordham Law Review
No abstract provided.
The Office Of Chief Judge Of A Federal Court Of Appeals, Wilfred Feinberg
The Office Of Chief Judge Of A Federal Court Of Appeals, Wilfred Feinberg
Articles
Article by Wilfred Feinberg, Chief Judge of the United States Court of Appeals for the Second Circuit (1980–1988), regarding the history and duties of a chief judge of a court of appeals. Document includes handwritten notes and was originally published in the Fordham Law Review.
Letter From Dr. Walter D. Finucane, Former Chapter President Of Phi Delta Kappa, To Geraldine Ferraro, Geraldine Ferraro, Walter D. Finucane
Letter From Dr. Walter D. Finucane, Former Chapter President Of Phi Delta Kappa, To Geraldine Ferraro, Geraldine Ferraro, Walter D. Finucane
New York
Letter and handwritten note from Dr. Walter D. Finucane, former president of the St. John's Chapter of Phi Delta Kappa, to Geraldine Ferraro. References Ferraro visiting Dr. Finucane's chapter in 1979 and giving a presentation titled, "Violence and Discipline in the Public Schools." Contains copy of a pamphlet published by Dr. Finucane's chapter for Ferraro's presentation. Contains data entry sheet.
A Dedication To Chief Judge Lawrence H. Cooke
A Dedication To Chief Judge Lawrence H. Cooke
Fordham Law Review
No abstract provided.
The Office Of Chief Judge Of A Federal Court Of Appeals, Wilfred Feinberg
The Office Of Chief Judge Of A Federal Court Of Appeals, Wilfred Feinberg
Fordham Law Review
No abstract provided.
The Application Of The John Doe Summons Procedure To The Dual-Purpose Investigatory Summons, Cecelia Kehoe Dempsey
The Application Of The John Doe Summons Procedure To The Dual-Purpose Investigatory Summons, Cecelia Kehoe Dempsey
Fordham Law Review
No abstract provided.
Congress Opens A Pandora's Box - The Restitution Provisions Of The Victim And Witness Protection Act Of 1982, Lorraine Slavin, David J. Sorin
Congress Opens A Pandora's Box - The Restitution Provisions Of The Victim And Witness Protection Act Of 1982, Lorraine Slavin, David J. Sorin
Fordham Law Review
No abstract provided.
Computer Abuse: The Emerging Crime And The Need For Legislation, Elizabeth A. Glynn
Computer Abuse: The Emerging Crime And The Need For Legislation, Elizabeth A. Glynn
Fordham Urban Law Journal
Advancements in computerization and the growing use of computers in business, government, education, and the private sector has resulted in the expanding potential for criminal infiltration. The problems of computer crime are in great part attributable to the shortcomings of our criminal laws, which were written long before there was knowledge of computer crimes. Moreover, there is a reluctance of our legal establishments to adapt to the new technology's potential harm. This Note urges that new federal legislation be passed as a means to counteract future computer crimes.
Juvenile Detention Hearings: A Proposed Model Provision To Limit Discretion During The Preadjudicatory Stage, Carol Bombardi, Carol Bombardi, Carol Bombardi, Carol Bombardi
Juvenile Detention Hearings: A Proposed Model Provision To Limit Discretion During The Preadjudicatory Stage, Carol Bombardi, Carol Bombardi, Carol Bombardi, Carol Bombardi
Fordham Urban Law Journal
This Note addresses constitutional issues relevant to pretrial detention and identifies problematic aspects in the existing juvenile justice system. It examines state and model provisions regarding the detention of youths prior to trial and concentrates on the inclusion of the detention hearing as an element of detention schemes. This Note proposes a model state provision that utilizes the detention hearing to protect the preadjudicatory rights of juveniles and to reduce the risk that detention will be unnecessarily ordered.
Nonemergency Municipal Curfew Ordinances And The Liberty Interests Of Minors, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill
Nonemergency Municipal Curfew Ordinances And The Liberty Interests Of Minors, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill
Fordham Urban Law Journal
Most crimes committed in the United States occur in cities, and a large proportion of these crimes are committed by juveniles under the age of eighteen. Although the total number of reported Crime Index offenses decreased slightly in 1982, surveys of popular attitudes toward crime show an increased fear of crime, especially among persons living in urban areas. One way states have addressed this challenge is by enacting nonemergency juvenile curfew amendments. This Note examines these amendments recently enacted in Trenton and Newark, New Jersey, and the Detroit, Michigan, ordinance which has recently been strictly enforced as part of a …
The Federal Judiciary's Role In The Prevention Of Communicable Diseases In State Prisons , Anthony L. Paccione
The Federal Judiciary's Role In The Prevention Of Communicable Diseases In State Prisons , Anthony L. Paccione
Fordham Urban Law Journal
Control over the spread of communicable diseases in prisons is a particularly important goal. The prison setting compounded with the high incidence of disease among entering inmates creates a potent combination for the spread of communicable diseases, such as AIDS and tuberculosis. Insufficient state legislation and unresponsive prison administrators have forced prisoners to seek federal judicial relief. However, federal courts have been reluctant to intervene due to the state interests of federalism and separation of powers. The prohibition against cruel and unusual punishment is not limited to specific acts directed at selected individuals, but is equally applicable to general prison …
Retribution: New York's Answer To The Multiple Felony Offender, Edward P. Abbot
Retribution: New York's Answer To The Multiple Felony Offender, Edward P. Abbot
Fordham Urban Law Journal
On May 31, 1983, Governor Cuomo signed an amendment to the New York Penal Law into effect. This amendment significantly increases the maximum prison term for multiple felony offenders. This amendment is primarily a provision, which stems from a retributivist theory of punishment. The intent of this amendment is twofold: first, to do justice by implementing a punishment more proportionate to the severity of the offender's crime(s) and second, to incapacitate the offender by his extended removal from society. Retribution has been an accepted rationale for imposing punishment and remains so today. Thus, the statute deserves prompt judicial recognition.
Protecting Society And Defendants Too: The Constitutional Dilemma Of Mental Abnormality And Intoxication Defenses, Susan F. Mandiberg
Protecting Society And Defendants Too: The Constitutional Dilemma Of Mental Abnormality And Intoxication Defenses, Susan F. Mandiberg
Fordham Law Review
No abstract provided.
Remarks Delivered At The Fordham-Stein Award Ceremony, William H. Webster
Remarks Delivered At The Fordham-Stein Award Ceremony, William H. Webster
Fordham Urban Law Journal
William H. Webster, Director, Federal Bureau of Investigation, delivered remarks upon presentation of the Fordham-Stein Award on October 28, 1982.
The Effect Of External Pressures On Sentencing Judges, Eve Kunen
The Effect Of External Pressures On Sentencing Judges, Eve Kunen
Fordham Urban Law Journal
Aldoupolis v. Commonwealth illustrates three potential types of pressure on a sentencing judge: public opinion, opinions voiced by influential political figures, and opinions expressed by the press. This Comment explores the question of whether a sentencing judge may consider any of these pressures without violating the constitutional principles of procedural due process, the proscription against cruel and unusual punishment, equal protection, double jeopardy, and the common law-statutory proscription against abuse of discretion. Emphasis will be placed on public opinion, which often parallels the voices of those least heard by the criminal justice system: the victims.
Systematic Exclusion Of Cognizable Groups By Use Of Peremptory Challenges, Stephen W. Dicker
Systematic Exclusion Of Cognizable Groups By Use Of Peremptory Challenges, Stephen W. Dicker
Fordham Urban Law Journal
An integral part of the jury selection process is the individual challenge, where a party has the privilege to remove potentially biased jurors. There are two forms of the individual challenge: for cause and peremptory. For cause challenges must be based on a legally provable bias, whereas peremptory challenges may be used to remove jurors who possess a bias peculiar to the immediate case, but whose bias is not articulable in terms of a challenge for cause. Given the vague underpinnings and potential abuses of the peremptory challenge, legislatures enforce a limitation on the number of such challenges a party …
Waiver Of Jury Trials In Federal Criminal Cases: A Reassessment Of The "Prosecutorial Veto", Fred Anthony Decicco
Waiver Of Jury Trials In Federal Criminal Cases: A Reassessment Of The "Prosecutorial Veto", Fred Anthony Decicco
Fordham Law Review
No abstract provided.
Closure Of Pretrial Suppression Hearings: Resolving The Fair Trial/Free Press Conflict, Bernard P. Bell
Closure Of Pretrial Suppression Hearings: Resolving The Fair Trial/Free Press Conflict, Bernard P. Bell
Fordham Law Review
"[T]he true measure of our society will not be judged by the freedom we grant to our great institutions as much as by the protection we provide for society's lowliest member. And none are more lowly-none more subject to potential abuse-and none with more at stake than those who have been indicted and face criminal prosecution in our courts. For them, freedom and fair trial are not abstractions."
Prohibiting Indirect Assistance To International Terrorists: Closing The Gap In United States Law, Dawna M. Cobb
Prohibiting Indirect Assistance To International Terrorists: Closing The Gap In United States Law, Dawna M. Cobb
Fordham International Law Journal
This Note analyzes the legislative history and case law construing the applicable statutes to determine if a court could extend these statutes to cover indirect involvement of United States citizens and resident aliens in international terrorist acts. The Note will demonstrate that current statutes do not adequately prohibit indirect involvement with international terrorists and will propose new legislation.
Prospective Determinations Of Derived Use In Civil Proceedings: Upsetting The Immunity Balance, Hilary Anne Zealand
Prospective Determinations Of Derived Use In Civil Proceedings: Upsetting The Immunity Balance, Hilary Anne Zealand
Fordham Law Review
No abstract provided.
Copying And Broadcasting Video And Audio Tape Evidence: A Threat To The Fair Trial Right, William J. Whelan, Iii
Copying And Broadcasting Video And Audio Tape Evidence: A Threat To The Fair Trial Right, William J. Whelan, Iii
Fordham Law Review
No abstract provided.
The Expanding Right To Counsel In New York, Debra M. Zverins
The Expanding Right To Counsel In New York, Debra M. Zverins
Fordham Urban Law Journal
A series of recent New York Court of Appeals decisions have upheld the right of a criminal suspect to have the assistance of an attorney at every stage of legal proceedings against him. This approach is considered by some to be problematic, imposing onerous burdens on police which impede effective law enforcement. This Note discusses the criminal defendant's pre-trial right to counsel in New York. Section II outlines the historical development of this fundamental right. Judicial expansions of the pre-trial right to counsel, including the People v. Bartolomeo decision, are analyzed in Section III with a view toward their effect …
Probable Cause Based On Inaccurate Computer Information: Taking Judicial Notice Of Ncic Operating Policies And Procedures, Patrick Hand
Probable Cause Based On Inaccurate Computer Information: Taking Judicial Notice Of Ncic Operating Policies And Procedures, Patrick Hand
Fordham Urban Law Journal
The National Crime Information Center (NCIC) is the most comprehensive computerized system for storing criminal justice information. It is managed by the FBI, but is used at the federal, state, and local level as an investigative tool. The use of computerized criminal information has raised questions in cases where an arrest was made relying on computer information which later proved to have been inaccurate. This Note discusses the fourth amendment implications of arrest based on inaccurate computer information and articulates the circumstances under which such an arrest should be upheld. NCIC safeguards are discussed and it is recommended that the …
Homelessness In A Modern Urban Setting, Mark Malone
Homelessness In A Modern Urban Setting, Mark Malone
Fordham Urban Law Journal
Homelessness in urban settings is a problem in increasing numbers, typically as a result of mental instability or unemployment. New York State Legislature has attempted to deal with the homelessness problem, and is at the forefront of those jurisdictions which accord legal rights to homeless people through court decisions and legislation. This note examines the historic causes of homelessness, the purpose of vagrancy and loitering statutes, and why they have proven ineffective in dealing with the enormity of the homelessness problem. The Note concludes that further additions should be made to the New York State Social Services Laws on the …