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Loss Of Self-Control, Dual-Process Theories, And Provocation, Michal Buchhandler-Raphael

Fordham Law Review

Contemporary understanding of the provocation defense views the “loss of self-control” theory as the cornerstone of this partial excuse. In considering whether to reduce murder charges to manslaughter, juries and judges rely on this theory to determine if the defendant lost self-control after experiencing intense emotional arousal and if a reasonable person would have also likely lost self-control in similar circumstances. This Article questions this conventional wisdom by examining the various flaws embedded in provocation’s loss of self-control theory. It argues that the theory is both over- and underinclusive. It is overinclusive because it provides a basis for mitigation in …

July 2019 - December 2019 Fordham Law School Faculty Bibliography, Fordham Law School Library

Faculty Bibliography

No abstract provided.

The Race To The Top To Reduce Prosecutorial Misconduct, Adam M. Gershowitz

Fordham Law Review

This Essay offers an unconventional approach to detering prosecutorial misconduct. Trial judges should use their inherent authority to forbid prosecutors from appearing and handling cases in their courtrooms until the prosecutors have completed training on Brady v. Maryland, Batson v. Kentucky, and other types of prosecutorial misconduct. If a single trial judge in a medium-sized or large jurisdiction imposes training prerequisites on prosecutors, it could set off a race to the top that encourages other judges to adopt similar (or perhaps even more rigorous) training requirements. A mandate that prosecutors receive ethics training before handling any cases is comparable to …

Policing Procedural Errors In The Lower Criminal Courts, Justin Murray

Fordham Law Review

The criminal justice system depends on reviewing courts to formulate norms of procedural law and to make sure those norms are actually followed in the lower courts. Yet reviewing courts are not performing either of these functions very well. No single factor can fully explain why this is the case, for there is plenty of blame to go around. But the harmless error rule is a major culprit. The conventional approach to harmless error review prohibits reversal of a defendant’s conviction or sentence, even when the law was violated during proceedings in the lower court, unless that violation influenced the …

A Public Concern: Protecting Whistleblowers Under The First Amendment, Steven Still

Fordham Law Review

The United States has just witnessed an impeachment debate which may have far-reaching ramifications for our democratic institutions. These hostilities began with an anonymous whistleblower complaint from a government employee, disclosing what he or she believed were illegal activities directed by President Donald J. Trump. Ever since, discussion of whistleblowers has taken on greater salience in the news cycle. Today, there are a number of whistleblower statutes that protect employees who disclose knowledge of their employer’s illicit activities from workplace retaliation. Although whistleblowing is not unique to government workers, these individuals have an added layer of protection afforded to them …

Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit

Fordham Law Review

Discrimination during voir dire remains a critical impediment to empaneling juries that reflect the diversity of the United States. While various solutions have been proposed, scholars have largely overlooked ethics rules as an instrument for preventing discriminatory behavior during jury selection. Focusing on American Bar Association Model Rule of Professional Conduct 8.4(g), which regulates professional misconduct, this Article argues that ethics rules may, under certain conditions, deter the exclusionary practices of legal actors. Part I examines the specific history, evolution, and application of revised Model Rule 8.4(g). Part II delves into the ways that ethics rules in general, despite their …

Art. 78 Petition - Fusl000031 (2013-03-05)

Art. 78 Petitions

No abstract provided.

Art. 78 Petition - Fusl000033 (2017-10-12)

Art. 78 Petitions

No abstract provided.

Art. 78 Petition - Fusl000046 (2002-04-23)

Art. 78 Petitions

No abstract provided.

Decision In Art. 78 Proceeding - Lichtel, Laurie (2000-04-18)

Decisions in Art. 78 Proceedings

No abstract provided.

Decision In Art. 78 Proceeding - Martin, Nicholas (2017-10-18)

Decisions in Art. 78 Proceedings

No abstract provided.

Conducting 50-State Survey Research: Lessons Learned Through Criminal Justice Research, Janet Kearney

Staff Publications

No abstract provided.

Resource Guide: Reentry And College Access Organizations: New York State Back To School Guide

Reentry Resources

No abstract provided.

Capital Region Connections, Thirteenth Edition: 2020-2022, Alice P. Green

Reentry Resources

No abstract provided.

January 2020 - June 2020 Fordham Law School Faculty Bibliography, Fordham Law School Library

Faculty Bibliography

No abstract provided.

The Criminalization Of Pregnancy And Its Effects On Maternal Health: Understanding State Interventions, Vanessa Vecchiarello

Fordham Urban Law Journal

No abstract provided.

Covid-19 Reflections On Resilience And Reform In The Child Welfare System, Kele Stewart, Robert Latham

Fordham Urban Law Journal

No abstract provided.

Productive Separations: Emergent Governance Of Reentry Labor, Shreya Subramani

Fordham Urban Law Journal

No abstract provided.

Restorative Justice From Prosecutors’ Perspective, Bruce A. Green, Lara Bazelon

Fordham Law Review

Restorative justice processes have been promoted as an alternative to criminal adjudication for many years outside the United States and, in recent years, in the United States as well. In the United States, restorative justice processes are used in some jurisdictions in cases involving juvenile offenders or low-level, nonviolent offenses by adults, but they have rarely been used in cases of adult felony offenders charged with serious violent crimes. Whether restorative justice processes will be used more broadly depends largely on whether prosecutors become receptive to their use. A handful of newly elected “progressive prosecutors” have expressed interest in applying …

Against Prosecutors, I. Bennett Capers

Faculty Scholarship

No abstract provided.

European Union Citizenship And The Unlawful Denial Of Member State Nationality, William Thomas Worster

Fordham International Law Journal

No abstract provided.

Justice, Interrupted: A Death At The Khmer Rouge Trials And Reasons For Optimism, J. Andrew Boyle

Fordham International Law Journal

No abstract provided.

Tracking Client Outcomes: A Qualitative Assessment Of Civil Legal Aid’S Use Of Outcomes Data, With Recommendations, David Udell, Amy Widman

Faculty Scholarship

In virtually all sectors of society, people are using data to improve what they do. Everyone, it seems, is interested in data, and is searching for best strategies to draw on its power. The stakes are high in the civil legal aid community, where strengthened advocacy can enable people to preserve their homes, their relationships with their children, their life savings, their physical and emotional well-being, and even their freedom.

Yet, in the civil legal aid community, awareness of the power of data is just beginning to take root. Traditionally, civil legal aid has been thinly funded, with little infrastructure …

When Prosecutors Politick: Progressive Law Enforcers Then And Now, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

A new and recognizable group of reform-minded prosecutors has assumed the mantle of progressive prosecution. The term is hard to define in part because its adherents embrace a diverse set of policies and priorities. In comparing the contemporary movement with Progressive Era prosecutors, this Article has two related goals. First, it seeks to better define progressive prosecution. Second, it uses a historical comparison to draw some lessons for the current movement. Both groups of prosecutors were elected on a wave of popular support. Unlike today’s mainstream prosecutors who tend to campaign and labor in relative obscurity, these two sets of …

Children's Equality: The Centrality Of Race, Gender, And Class, Nancy E. Dowd

Fordham Urban Law Journal

No abstract provided.

Developmental Justice And The Voting Age, Katharine Silbaugh

Fordham Urban Law Journal

No abstract provided.

Lessons From The Prekindergarten Movement, Clare Huntington

Fordham Urban Law Journal

No abstract provided.

Children's Equality: Strategizing A New Deal For Children, Nancy E. Dowd

Fordham Urban Law Journal

No abstract provided.

The Injustice Of Formal Gender Equality In Sentencing, Emma Decourcy

Fordham Urban Law Journal

No abstract provided.

The Way Forward: Permissible And Effective Race-Conscious Strategies For Avoiding Racial Segregation In Diverse School Districts, Laura Petty

Fordham Urban Law Journal

No abstract provided.