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Articles 1621 - 1650 of 1757
Full-Text Articles in Entire DC Network
Bail Reform For The Eighties: A Reply To Senator Kennedy , Steven Duke
Bail Reform For The Eighties: A Reply To Senator Kennedy , Steven Duke
Fordham Law Review
No abstract provided.
Rico: The New Darling Of The Prosecutor’S Nursery, Barry Tarlow
Rico: The New Darling Of The Prosecutor’S Nursery, Barry Tarlow
Fordham Law Review
No abstract provided.
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.
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.
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.
A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green
A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green
Faculty Scholarship
The sixth amendment provides that in all criminal prosecutions the accused shall enjoy the right "to have the Assistance of Counsel for his defence." The Supreme Court has construed this clause to guarantee to criminal defendants the "effective" assistance of counsel performing within a minimum standard of competency. Prevalent lower court interpretations of the right. to effective assistance require a showing that counsel's inadequate performance caused actual prejudice to the defendant's interest in obtaining an acquittal. Because most defendants are unable to demonstrate the actual impact upon the outcome of their trial of an attorney's departure from normal competency, courts …
Anti-Terrorism: The West German Approach, Kevin G. Horbatiuk
Anti-Terrorism: The West German Approach, Kevin G. Horbatiuk
Fordham International Law Journal
Focuses on the West German gorvernment's political response to terrorism specifically surveying the changes deemed to be necessary in the areas of law enforcement, substantive criminal law and criminal procedure. Also, it considers the reaction to these measures and compares the view of the West German government with that of various critics.
The Presence Of Counsel In The Grand Jury Room, Jay Fenster
The Presence Of Counsel In The Grand Jury Room, Jay Fenster
Fordham Law Review
No abstract provided.
Administrative Agencies And The Rites Of Due Process: Alternatives To Excessive Litigation, Daniel Lee Feldman
Administrative Agencies And The Rites Of Due Process: Alternatives To Excessive Litigation, Daniel Lee Feldman
Fordham Urban Law Journal
With the growth of courtroom litigation, it has become necessary for congress to look to administrative agencies to act in an adjudicative nature. In expanding the role of administrative agencies for efficiency and economic concerns, it is particularly important to still consider the due process rights of citizens. This article addresses the need to balance the procedural due process rights of individuals with the use of administrative agencies to eliminate or at the very least reduce excessive litigation.
Discretionarily Enhanced Sentences Based Upon Suspected Perjury At Trial , Robert M. Wetterer
Discretionarily Enhanced Sentences Based Upon Suspected Perjury At Trial , Robert M. Wetterer
Fordham Urban Law Journal
A judge's discretion is a vital aspect of our judicial system. However, a judge must be cognizant of the impact that his decisions and his beliefs have upon a defendant's constitutional rights. This note addresses the concern of judges enhancing sentencing of defendants convicted of a crime because the judges feel that at trial, the defendant may have committed perjury. Ultimately, it is important that the defendant not be penalized without a proper trial or proceeding to determine whether or not perjury actually occurred. In doing so, rights are protected and justice is served.
Prisoners' Rights To Physical And Mental Health Care: A Modern Expansion Of The Eight Amendment's Cruel And Unusual Punishment Clause , Stuart Klein
Prisoners' Rights To Physical And Mental Health Care: A Modern Expansion Of The Eight Amendment's Cruel And Unusual Punishment Clause , Stuart Klein
Fordham Urban Law Journal
This article addresses the need for appropriate mental health care in the prison system. Applying the eighth amendment's cruel and unusual punishment clause, the article outlines the current system for medical care and psychological programs within jails and prisons. Focusing on the deficiencies of medical care, the article proposes adding support to the modernization of mental health care by recognizing that the eighth amendment applies not just to the terms of imprisonment but to the availability of care.
Entrapment Versus Due Process: A Solution To The Problem Of The Criminal Conviction Obtained By Law Enforcement Misconduct , Peter O'Connor
Entrapment Versus Due Process: A Solution To The Problem Of The Criminal Conviction Obtained By Law Enforcement Misconduct , Peter O'Connor
Fordham Urban Law Journal
This article contrasts the different approaches to dealing with entrapment: the due process rubric of the New York Court of Appeals and the predisposition framework set forth by the United States Supreme Court. The New York Court of Appeals reliance on government lawlessness rather than the Supreme Court's plurality focus on fourth and fifth amendment violations may cause less uncertainty and provide a better guidepost moving forward.
Closure Orders: Safeguard Of Fair Trial Or Prior Restraint, John G. Luboja
Closure Orders: Safeguard Of Fair Trial Or Prior Restraint, John G. Luboja
Fordham Urban Law Journal
This note addresses the competing constitutional guarantees of freedom of the press and the right to a fair trial by one's peers. Examining New York's ruling in Gannett, the note traces the history of each right and explores the need for each to be protected. Ultimately, the note cautions a liberal interpretation of the Gannett decision and rather asks the Supreme Court to find a balance between the rights of the accused and the rights of the press.
The Speedy Trial Act: An Empirical Study, Linda M. Ariola, Deborah A. Demasi, Edward D. Loughman Iii, Timothy G. Reynolds
The Speedy Trial Act: An Empirical Study, Linda M. Ariola, Deborah A. Demasi, Edward D. Loughman Iii, Timothy G. Reynolds
Fordham Law Review
No abstract provided.
The Right To Counsel: Attachment Before Criminal Judicial Proceedings?, Karen Akst Schecter
The Right To Counsel: Attachment Before Criminal Judicial Proceedings?, Karen Akst Schecter
Fordham Law Review
No abstract provided.
The Petty Offense Exception And The Right To A Jury Trial, Robert P. Connolly
The Petty Offense Exception And The Right To A Jury Trial, Robert P. Connolly
Fordham Law Review
No abstract provided.
The Petty Offense Exception And The Right To A Jury Trial, Robert P. Connolly
The Petty Offense Exception And The Right To A Jury Trial, Robert P. Connolly
Fordham Law Review
No abstract provided.
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Trial lntern Program Starts; Dean's Day Draws 175 FLS Alumni; Adjunct Prof Investigated After Newspaper's Allegations; Birnbaum, Harper Will Debate ERA; Spring Party Tonight
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Lost Exam May Mean Students Re-Take Test; Rose Hill Ups Tuition by $400; Grads Fix Time; Site Still Open; ABA Plans Panel On Obscenity; Byrne to Kick Off PAD Lecture Series; SBA Nomination, Elections Set
I Swear That I'M Guilty, So Help Me God: The Oath In Rule 11 Proceedings, Margaret M. Vaughan
I Swear That I'M Guilty, So Help Me God: The Oath In Rule 11 Proceedings, Margaret M. Vaughan
Fordham Law Review
No abstract provided.
Chief Judge Charles D. Breitel, Joseph M. Mclaughlin
Chief Judge Charles D. Breitel, Joseph M. Mclaughlin
Fordham Law Review
No abstract provided.
Charles D. Breitel - Judging In The Grand Style, Thomas Mayo
Charles D. Breitel - Judging In The Grand Style, Thomas Mayo
Fordham Law Review
When Chief Judge Charles D. Breitel retires from the New York Court of Appeals in December 1978, he will leave a legacy of judicial work that spans two and one-half decades, the last eleven years of which will have been a product of his years on New York's highest court. The process of sifting through not only the Chief Judge's many opinions but also his extrajudicial comments has no doubt begun in earnest in a number of quarters. This Article represents an initial attempt to evaluate Chief Judge Breitel's craftmanship as an appellate decisionmaker.
Keeping Secrets From The Jury: New Options For Safeguarding State Secrets, Veronica M. Fallon
Keeping Secrets From The Jury: New Options For Safeguarding State Secrets, Veronica M. Fallon
Fordham Law Review
No abstract provided.
Arson Fraud: Criminal Prosecution And Insurance Law, Anne Winslow Murphy, Andrew Maneval
Arson Fraud: Criminal Prosecution And Insurance Law, Anne Winslow Murphy, Andrew Maneval
Fordham Urban Law Journal
This comment discusses prosecutions for arson, and more specifically the lack of successful prosecutions of "arson-for-profit," arson that is motivated by an intent to defraud an insurance company. The comment discusses the difficulties in proving arson under both common law and statutory schemes, and various ways to strengthen prosecution of arson fraud. Ultimately the comment concludes that cost may be the most significant obstacle to effective prosecution of the crime of arson, and the power of reform lies with the budget officers of the agencies and elected public officials.
Challenging New York Grand Jury Composition: The Barrier Of The "Systematic And Intentional Exclusion" Requirement, Pearl Zuchlewski
Challenging New York Grand Jury Composition: The Barrier Of The "Systematic And Intentional Exclusion" Requirement, Pearl Zuchlewski
Fordham Urban Law Journal
Note examines the statutory law which provides for a grand jury in New York, the background of federal constitutional requirements, and New York court decisions which have interpreted the statutes when defendants or witnesses have challenged a grand jury for failing to conform to "the very idea of a jury," which is a body "composed of the peers or equals of the persons whose rights it is selected or summoned to determine his neighbors, fellows and associates.
Prisoner Access To Parole Files: A Due Process Anaylsis, John P. Mccahey
Prisoner Access To Parole Files: A Due Process Anaylsis, John P. Mccahey
Fordham Law Review
No abstract provided.
The Most Lustrous Branch: Watergate And The Judiciary, Leon Jaworski
The Most Lustrous Branch: Watergate And The Judiciary, Leon Jaworski
Articles
Article by Leon Jaworski of Fulbright and Jaworski, former President of the American Bar Association (1971-72) and Watergate Special Prosecutor, regarding the duty of a lawyer in a publicly scrutinized trial. Document includes handwritten notes and was originally published in the Fordham Law Review.
Yearbook 1977, Fordham Law School Library
Yearbook 1977, Fordham Law School Library
Fordham Law School Yearbook
1977 Yearbook, Fordham University School of Law.