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Articles 1591 - 1620 of 1757
Full-Text Articles in Entire DC Network
The Right To A Jury Trial In Obscenity Prosecutions: A Sixth Amendment Analysis For A First Amendment Problem, Richard A. Weinberg
The Right To A Jury Trial In Obscenity Prosecutions: A Sixth Amendment Analysis For A First Amendment Problem, Richard A. Weinberg
Fordham Law Review
No abstract provided.
Denial Of A Pro Se Litigant's Motion To Appoint Counsel: The Preclusive Effect Of Refusing Immediate Review, Nicolas Swerdloff
Denial Of A Pro Se Litigant's Motion To Appoint Counsel: The Preclusive Effect Of Refusing Immediate Review, Nicolas Swerdloff
Fordham Law Review
No abstract provided.
In Re Mackin: Is The Application Of The Political Offense Exception An Extradition Issue For The Judicial Or Executive Branch?, Maria P. Imbalzano
In Re Mackin: Is The Application Of The Political Offense Exception An Extradition Issue For The Judicial Or Executive Branch?, Maria P. Imbalzano
Fordham International Law Journal
The purpose of this Note is to examine the opinions of the magistrate and court of appeals in In re Mackin, regarding the issue of whether the courts have jurisdiction to determine the applicability of the political offense exception. Part I of this Note will analyze the language of the applicable extradition statute and will compare the courts' interpretation with that of the government of the United States. Part II will attempt to resolve the jurisdictional issue by examining the language of the political offense exception in recent treaties. Part III will discuss the constitutional effect of the political question …
State Regulation Of Casino Gambling: Constitutional Limitations And Federal Labor Law Preemption, Kathryn Keneally
State Regulation Of Casino Gambling: Constitutional Limitations And Federal Labor Law Preemption, Kathryn Keneally
Fordham Law Review
No abstract provided.
Juror Safety: The Presumption Of Innocence And Meaningful Voir Dire In Federal Criminal Prosecutions - Are They Endangered Species?, Abraham Abramovsky
Juror Safety: The Presumption Of Innocence And Meaningful Voir Dire In Federal Criminal Prosecutions - Are They Endangered Species?, Abraham Abramovsky
Fordham Law Review
No abstract provided.
Governmental Misconduct And The Right Of Liberty, Michael A. Vaccari
Governmental Misconduct And The Right Of Liberty, Michael A. Vaccari
Fordham Urban Law Journal
The due process clauses of the fifth and fourth amendments to the United States Constitution protect individuals from arbitrary and capricious government action. This article explores the violation of a criminal defendant's right to liberty when a conviction is the result of unreasonable law enforcement misconduct. The article examines the limitations placed on the actions of government officials contained in the fourth and fifth amendments and the defense of entrapment. It also offers an analysis of the nature and scope of the due process right of liberty, through a philosophical lens. This article finally posits the legal basis for recognizing …
Multiple Objective Conspiracies: The Effect Of Stromberg V. California, Clare Sherwood
Multiple Objective Conspiracies: The Effect Of Stromberg V. California, Clare Sherwood
Fordham Law Review
No abstract provided.
Court Appointment Of Attorneys In Civil Cases: The Constitutionality Of Uncompensated Legal Assistance Note, Bruce A. Green
Court Appointment Of Attorneys In Civil Cases: The Constitutionality Of Uncompensated Legal Assistance Note, Bruce A. Green
Faculty Scholarship
Whether an individual becomes a party to judicial proceeding involuntarily, as a criminal or civil defendant, or voluntarily, as a civil plaintiff seeking redress of an injury, the assistance of counsel will increase his chances for a favorable disposition. When an impecunious litigant is unable to retain counsel, the question arises of who must bear the burden created by the complexity of adjudication. Although the Supreme Court has been sympathetic to the need for counsel in criminal cases, an indigent litigant in civil cases often will be denied legal assistance, and therefore will bear the burden himself In other instances, …
Conjugal Violence: The Law Of Force And The Force Of Law , Maria Marcus
Conjugal Violence: The Law Of Force And The Force Of Law , Maria Marcus
Faculty Scholarship
The Article concludes that neither the impartial mission of the rule of law nor the neatly tooled goal of individual justice has been served by the governmental response to conjugal violence, and suggests the elements from which a valid approach may be constructed.
The Assault On The Citadel Of Privilege Proceeds Apace: The Unreasonableness Of Law Office Searches, Pamela Gurfein
The Assault On The Citadel Of Privilege Proceeds Apace: The Unreasonableness Of Law Office Searches, Pamela Gurfein
Fordham Law Review
No abstract provided.
Fourth Amendment Protection For The Juvenile Offender: State, Parent, And The Best Interests Of The Minor, Kenneth T. Hanley
Fourth Amendment Protection For The Juvenile Offender: State, Parent, And The Best Interests Of The Minor, Kenneth T. Hanley
Fordham Law Review
No abstract provided.
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines Include: Fordham Law Moot Court Team Reaches Top 16; ILF Draws Praise; Law Women to Attend National Conference
Judicial Sentence Bargaining In The Federal Courts, Patricia A. Perrotta
Judicial Sentence Bargaining In The Federal Courts, Patricia A. Perrotta
Fordham Law Review
No abstract provided.
The Newsperson's Privilege And The Right To Compulsory Process--Establishing An Equilibrium, Annett Swierzbinski
The Newsperson's Privilege And The Right To Compulsory Process--Establishing An Equilibrium, Annett Swierzbinski
Fordham Law Review
No abstract provided.
Torts In Sports--Deterring Violence In Professional Athletics, Stephen J. Gulotta, Jr.
Torts In Sports--Deterring Violence In Professional Athletics, Stephen J. Gulotta, Jr.
Fordham Law Review
No abstract provided.
Due Process Behind Bars--The Intrinsic Approach, Joseph Guglielmelli
Due Process Behind Bars--The Intrinsic Approach, Joseph Guglielmelli
Fordham Law Review
No abstract provided.
Immunizing The Investigating Prosecutor: Should The Dishonest Go Free Or The Honest Defend?, Susan M. Coyne
Immunizing The Investigating Prosecutor: Should The Dishonest Go Free Or The Honest Defend?, Susan M. Coyne
Fordham Law Review
No abstract provided.
Criminal Procedure In England And The United States: Comparisons In Initiating Prosecutions, Irving R. Kaufman
Criminal Procedure In England And The United States: Comparisons In Initiating Prosecutions, Irving R. Kaufman
Fordham Law Review
No abstract provided.
A New Approach To Bail Release: The Proposed Federal Criminal Code And Bail Reform, Edward M. Kennedy
A New Approach To Bail Release: The Proposed Federal Criminal Code And Bail Reform, Edward M. Kennedy
Fordham Law Review
No abstract provided.
Proposal For Determinate Sentencing In New York: The Effect On An Offender's Due Process Rights, John D. Winter
Proposal For Determinate Sentencing In New York: The Effect On An Offender's Due Process Rights, John D. Winter
Fordham Urban Law Journal
This Note examines the differences between indeterminate sentencing, the goal of which is rehabilitative, and determinate sentencing. It looks at the constitutional and procedural safeguards due to prisoners at sentencing. Finally, the Note looks at legislation introduced in New York and its proposals for changing the sentencing procedures.
The Legalization And Control Of Casino Gambling, Nelson Rose
The Legalization And Control Of Casino Gambling, Nelson Rose
Fordham Urban Law Journal
This article seeks to demonstrate that the spread of legalized gambling is inevitable as states recognize the immense revenue generating capabilities of casinos. However, in order to realize these revenues and take advantage of them, without incurring the potential negative social side affects, states must control and regulate casinos. Thus, this article examines, through their theoretical structure and practical realities, the four different methods for legalized casino gambling regulation: (1) Nevada's free enterprise model; (2) New Jersey's and Puerto Rico's tourist area revitalization model; (3) England's strict social control model; and (4) the model of complete or partial state ownership.
Federal Legislative Proposals For The Protection Of Privacy , Ludmila Kaniuga-Golad
Federal Legislative Proposals For The Protection Of Privacy , Ludmila Kaniuga-Golad
Fordham Urban Law Journal
Previously, privacy rights had to be litigated under one of the four recognized tort claim of actions. With the advent of the computer age, it was argued that new causes of actions should be created to supplement the individually recognized privacy rights of the people. At the time this article was written, several privacy related bills were before congress. The note examines the benefits of the bills proposed, and the (justified) failure of the proposals to consider a single federal information data bank due to its inability to safeguard privacy. It also synopsizes the Subcommittee on Constitutional Rights' findings on …
Selective Use Of The Executive Immunity Power: A Denial Of Due Process?, Howard Schwartz
Selective Use Of The Executive Immunity Power: A Denial Of Due Process?, Howard Schwartz
Fordham Urban Law Journal
Attacks on the government's power to grant immunity to cooperative witnesses have been premised on several grounds, including the due process clause of the fifth amendment. It is upon this clause that the United States District Court of the Southern District of New York based a decision that a defendant was denied due process when the government refused to immunize him after granting immunization to its own witnesses. This article examines traditional arguments against challenging a prosecutor's immunity discretion, the procedural and substantive factors necessary in substantiating a defendant's due process claim, and the effect of immunization on the government's …
Criminal Discovery In New York: The Effect Of The New Article 240 , Thomas N. Kendris
Criminal Discovery In New York: The Effect Of The New Article 240 , Thomas N. Kendris
Fordham Urban Law Journal
Despite the many persuasive reasons for criminal discovery, its development in New York took place in a gradual, ad hoc manner. This led the New York State Legislature to enact the original article 240 in the Criminal Procedure Act (CPL) in 1971 which provided the courts with a consistent framework to discovery and significantly expanded an accused rights to evidence. This article provides a comprehensive overview of the original article 240, some significant problems that arose under it, and how the new enacted article 240 attempted to address the problems. The author then argues that the new statute could have …
New York's Juvenile Offender Law: An Overview And Analysis, John P. Woods
New York's Juvenile Offender Law: An Overview And Analysis, John P. Woods
Fordham Urban Law Journal
In response to the public outrage over the light sentencing of some of New York City's juvenile offenders who had committed heinous crimes, the legislature enacted the Crime Package Bill which made revisions to the entire justice system. The result was that New York was provided with some of the harshest juvenile justice systems in the country. This Article argues that the system is both ineffective and inefficient. First, the Article examines the historical development of the juvenile system, then the more recent reforms of the system, and finally the problems created by the Crime Package Bill.
The Newsperson's Privilege And The Right To Compulsory Process--Establishing An Equilibrium, Annett Swierzbinski
The Newsperson's Privilege And The Right To Compulsory Process--Establishing An Equilibrium, Annett Swierzbinski
Fordham Law Review
No abstract provided.
Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger
Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger
Fordham Law Review
No abstract provided.
Impact Of A Youth Service Center, Deborah W. Denno
Impact Of A Youth Service Center, Deborah W. Denno
Faculty Scholarship
This study evaluates the impact of a Youth Service Center (YSC) in South Philadelphia, using methods which consider both the Center's goals and relevant developments within its target area. The YSC is a delinquency-prevention program housed in the South Philadelphia Community Center (SPCC), a general recreation facility which evolved from the Philadelphia Boys' Club in 1974. The YSC program was added in June 1975 to "prevent and limit youth from becoming involved in the Juvenile Justice System, police courts, and institutions". Program referrals comprise area youths between the ages of 10 and 18 who have been arrested and are in …
A New Approach To Bail Release: The Proposed Federal Criminal Code And Bail Reform, Edward M. Kennedy
A New Approach To Bail Release: The Proposed Federal Criminal Code And Bail Reform, Edward M. Kennedy
Fordham Law Review
No abstract provided.
Possession And Presumptions: The Plight Of The Passenger Under The Fourth Amendment, Robert A. Gaynor
Possession And Presumptions: The Plight Of The Passenger Under The Fourth Amendment, Robert A. Gaynor
Fordham Law Review
No abstract provided.