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Family Courts As Certifying Agencies: When Family Courts Can Certify U Visa Applications For Survivors Of Intimate Partner Violence, Sylvia Lara Altreuter May 2018

Family Courts As Certifying Agencies: When Family Courts Can Certify U Visa Applications For Survivors Of Intimate Partner Violence, Sylvia Lara Altreuter

Fordham Law Review

Undocumented intimate partner violence survivors living in the UnitedStates have limited options for immigration relief. One of the only avenuesopen to them is the U Visa: a nonimmigrant visa established by the BatteredImmigrant Women Protection Act of 2000. To apply for a U Visa, a survivormust prove to immigration authorities that she was the victim of a crime;suffered substantial abuse; and was, is,or is likely to be helpful in theinvestigation of her abuser. The statute requires that all U Visa applicationsbe certified by an appropriate officialwho testifies to the applicant’shelpfulness with the investigation. This certification is a tremendous obstaclefor survivors: …


Multiracial Malaise: Multiracial As A Legal Racial Category, Taunya Lovell Banks May 2018

Multiracial Malaise: Multiracial As A Legal Racial Category, Taunya Lovell Banks

Fordham Law Review

The focus of this Article is the underlying assumption of the Brookings Institution report that multiracial individuals constitute a separate racial category. My discussion of legal racial categories focuses only ongovernment “racial” definitions. Multiracial individuals should enjoy thefreedom to self-identify as they wish—and, like others, be afforded theprotections of antidiscrimination law.The question is whether a separate legal racial category is needed to provide that protection. Race in this country has been “crafted from the point of view of [white] race protection” protecting the interests of white Americans from usurpation by non whites and, unless the creation of a separate multiracial …


Unstitching Scarlet Letters?: Prosecutorial Discretion And Expungement, Brian M. Murray May 2018

Unstitching Scarlet Letters?: Prosecutorial Discretion And Expungement, Brian M. Murray

Fordham Law Review

This Article argues that scholarly discussions about prosecutorial discretion need to extend their focus beyond the exercise of prosecutorial judgment pretrial or questions of factual and legal guilt. Given that the primary role of the prosecutoris to do “justice,” this Article calls for increased attention to the exercise of discretion after the guilt phase is complete, specifically in the context of expungement of nonconviction andconviction information. It offers a framework for exercising such discretion and, in doing so, hopes to initiate additional conversation about the role of prosecutors during the phases that follow arrest and prosecution.


Law & Morality In Africa: Towards A Rational Public Policy Framework For Regulating Intimate Human Conduct In Ghana, Kwaku Agyeman-Budu Apr 2018

Law & Morality In Africa: Towards A Rational Public Policy Framework For Regulating Intimate Human Conduct In Ghana, Kwaku Agyeman-Budu

SJD Dissertations

Law and morality have always been uneasy bedfellows; for whose morality should the law protect and enforce? Is there a collective form or sense of morality that societies accept and agree to be bound by at any particular point in time? If so, how is this done? What does morality even mean? And should the law concern itself with enforcing religious and/or cultural moral codes in the modern secular State? These and other questions have been at the heart of philosophical and jurisprudential debates concerning the intersection between law and morality and its impact on public policy from time immemorial. …


Wrongful Convictions, Constitutional Remedies, And Nelson V. Colorado, Michael L. Wells Apr 2018

Wrongful Convictions, Constitutional Remedies, And Nelson V. Colorado, Michael L. Wells

Fordham Law Review

The end result in Nelson will satisfy nearly everyone’s sense of basic justice, at least insofar as the monetary refund is concerned. Still, the case is interesting not for its outcome but because the Court’s analysis touches on, but fails to fully engage with, subtle and difficult questions of constitutional law. This Article examines three important aspects of the case—outside of the procedural due process balancing question—that receive little, if any, attention in the Court’s opinion. Part I shows that the Court’s procedural due process analysis skips over the logical first step and doctrinally harder question of whether Nelson had …


The Influence Of Government Defenders On Affirmative Civil Rights Enforcement, Alexander A. Reinert Apr 2018

The Influence Of Government Defenders On Affirmative Civil Rights Enforcement, Alexander A. Reinert

Fordham Law Review

The focus of this brief Article will be on a conundrum, particularly in the area of civil rights enforcement: the federal government—in particular the DOJ—can be one of the most efficient and powerful vindicators of civil rights, while at the same time one of the most effective advocates for imposing barriers to affirmative civil rights enforcement. At the same time that the DOJ’s Civil Rights Division (CRD) is entering federal court to “vindicat[e] rights and remedy[] inequities,” attorneys in the Civil Division (either from Main Justice or in any number of U.S. Attorney’s offices) are appearing in court to prevent …


Reentry Resource, Queens Library Mar 2018

Reentry Resource, Queens Library

Reentry Resources

No abstract provided.


Challenges Facing Judges Regarding Expert Evidence In Criminal Cases, Paul W. Grimm Mar 2018

Challenges Facing Judges Regarding Expert Evidence In Criminal Cases, Paul W. Grimm

Fordham Law Review

With regard to criminal cases, the focus of this Article, judges face significant challenges in ruling on the admissibility of expert testimony that do not occur in most civil cases. This Article starts by describing these challenges and then offers some suggestions about what can be done to address them.


Deceptively Simple: Framing, Intuition, And Judicial Gatekeeping Of Forensic Feature-Comparison Methods Evidence, Jane Campbell Moriarty Mar 2018

Deceptively Simple: Framing, Intuition, And Judicial Gatekeeping Of Forensic Feature-Comparison Methods Evidence, Jane Campbell Moriarty

Fordham Law Review

This Article explains how courts have skirted the reliability problem of FCM evidence and argues that judges perceive the question of FCM evidence to be a simple problem that cross-examination can solve. Relying on insights from cognitive science to help explain the resistance of the courts to FCM evidence challenges, the Article urges courts to recognize the complexity of FCM evidence and refocus on the danger such evidence poses for continued wrongful conviction. By framing the admissibility of FCM evidence as an “easy” question, courts are relying on heuristics—that is, shortcuts—to solve complex problems. As this Article explains, using heuristics …


Symposium On Forensic Expert Testimony, Daubert, And Rule 702, Daniel J. Capra Mar 2018

Symposium On Forensic Expert Testimony, Daubert, And Rule 702, Daniel J. Capra

Fordham Law Review

No abstract provided.


The Myth Of The Reliability Test, Brandon L. Garret, Chris Fabricant Mar 2018

The Myth Of The Reliability Test, Brandon L. Garret, Chris Fabricant

Fordham Law Review

The U.S. Supreme Court’s ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc., and subsequent revisions to Federal Rule of Evidence 702, was supposed to usher a reliability revolution. This modern test for admissibility of expert evidence is sometimes described as a reliability test. Critics, however, have pointed out that judges continue to routinely admit unreliable evidence, particularly in criminal cases, including flawed forensic techniques that have contributed to convictions of innocent people later exonerated by DNA testing. This Article examines whether Rule 702 is in fact functioning as a reliability test, focusing on forensic evidence used in criminal cases …


The Critical Role Of Statistics In Demostrating The Reliability Of Expert Evidence, Karen Kafadar Mar 2018

The Critical Role Of Statistics In Demostrating The Reliability Of Expert Evidence, Karen Kafadar

Fordham Law Review

Federal Rule of Evidence 702, which covers testimony by expert witnesses, allows a witness to testify “in the form of an opinion or otherwise” if “the testimony is based on sufficient facts or data” and “is the product of reliable principles and methods” that have been “reliably applied.” The determination of “sufficient” (facts or data) and whether the “reliable principles and methods” relate to the scientific question at hand involve more discrimination than the current Rule 702 may suggest. Using examples from latent fingerprint matching and trace evidence (bullet lead and glass), I offer some criteria that scientists often consider …


The Duty To Investigate And The Availability Of Expert Witnesses, Stephen A. Saltzburg Mar 2018

The Duty To Investigate And The Availability Of Expert Witnesses, Stephen A. Saltzburg

Fordham Law Review

To assess the likelihood that the proposed rule will assure better representation for criminal defendants, this Article proceeds as follows: Part I provides a general review of the effective assistance of counsel standard. Next, Part II focuses on the specific duty of defense counsel to investigate. Part III then examines the constitutional right of indigent criminal defendants to have expert assistance at government expense. Part IV proceeds to examine proposed Rule 707 and argues that it will not accomplish its purpose unless criminal defendants and their counsel have access to expert resources that match those relied upon by the government. …


The Geography Of Mass Incarceration: Prison Gerrymandering And The Dilution Of Prisoners’ Political Representation, Julie A. Ebenstein Feb 2018

The Geography Of Mass Incarceration: Prison Gerrymandering And The Dilution Of Prisoners’ Political Representation, Julie A. Ebenstein

Fordham Urban Law Journal

No abstract provided.


Grassroots Challenges To The Effects Of Prison Sprawl On Mental Health Services For Incarcerated People, Stefen R. Short Feb 2018

Grassroots Challenges To The Effects Of Prison Sprawl On Mental Health Services For Incarcerated People, Stefen R. Short

Fordham Urban Law Journal

No abstract provided.


Criminal Punishment And The Politics Of Place, John F. Pfaff Feb 2018

Criminal Punishment And The Politics Of Place, John F. Pfaff

Fordham Urban Law Journal

No abstract provided.


#Closerikers: The Campaign To Transform New York City’S Criminal Justice System, Janos Marton Feb 2018

#Closerikers: The Campaign To Transform New York City’S Criminal Justice System, Janos Marton

Fordham Urban Law Journal

No abstract provided.


International Human Rights Scrutiny Of China's Treatment Of Human Rights Lawyers And Defenders: The Committee Against Torture, Felice Gaer Jan 2018

International Human Rights Scrutiny Of China's Treatment Of Human Rights Lawyers And Defenders: The Committee Against Torture, Felice Gaer

Fordham International Law Journal

No abstract provided.


Navigating The Judicial Terrain Under Israeli Occupation: Palestinian And Israeli Lawyers In The Military Courts, Neta Ziv Jan 2018

Navigating The Judicial Terrain Under Israeli Occupation: Palestinian And Israeli Lawyers In The Military Courts, Neta Ziv

Fordham International Law Journal

No abstract provided.


Who Is Worthy? Non-Lawyer Participation In Japanese And Singaporean Lawyer Disciplinary Systems, Dr. Kay-Wah Chan, Helena Whalen-Bridge Jan 2018

Who Is Worthy? Non-Lawyer Participation In Japanese And Singaporean Lawyer Disciplinary Systems, Dr. Kay-Wah Chan, Helena Whalen-Bridge

Fordham International Law Journal

No abstract provided.


The Intuitive Appeal Of Explainable Machines, Andrew D. Selbst, Solon Barocas Jan 2018

The Intuitive Appeal Of Explainable Machines, Andrew D. Selbst, Solon Barocas

Fordham Law Review

Algorithmic decision-making has become synonymous with inexplicable decision-making, but what makes algorithms so difficult to explain? This Article examines what sets machine learning apart from other ways of developing rules for decision-making and the problem these properties pose for explanation. We show that machine learning models can be both inscrutable and nonintuitive and that these are related, but distinct, properties. Calls for explanation have treated these problems as one and the same, but disentangling the two reveals that they demand very different responses. Dealing with inscrutability requires providing a sensible description of the rules; addressing nonintuitiveness requires providing a satisfying …


Facing The Unravelling Of Reform: Domestic And International Perspectives On The Changing Role Of China's Rights Lawyers, Martin S. Flaherty Jan 2018

Facing The Unravelling Of Reform: Domestic And International Perspectives On The Changing Role Of China's Rights Lawyers, Martin S. Flaherty

Fordham International Law Journal

No abstract provided.


Re-Designing Afghanistan's Approach To Mental Illness Evaluations For Criminal Defendants: Toward Reliable Procedures And Predictable Outcomes, Habiburrahman Rizapoor Jan 2018

Re-Designing Afghanistan's Approach To Mental Illness Evaluations For Criminal Defendants: Toward Reliable Procedures And Predictable Outcomes, Habiburrahman Rizapoor

Fordham International Law Journal

No abstract provided.


Human Rights Lawyers' Role In Rights Ngos In China: History And Future, Lu Jun Jan 2018

Human Rights Lawyers' Role In Rights Ngos In China: History And Future, Lu Jun

Fordham International Law Journal

No abstract provided.


In Whose Service? The Transnational Legal Profession's Interaction With China And The Threat To Lawyers' Autonomy And Professional Integrity, Eva Pils Jan 2018

In Whose Service? The Transnational Legal Profession's Interaction With China And The Threat To Lawyers' Autonomy And Professional Integrity, Eva Pils

Fordham International Law Journal

No abstract provided.


The State's Role In The Regulation And Provision Of Legal Services In South Africa And The United States: Supporting, Nudging, Or Interfering?, Helen Kruuse, Philip Genty Jan 2018

The State's Role In The Regulation And Provision Of Legal Services In South Africa And The United States: Supporting, Nudging, Or Interfering?, Helen Kruuse, Philip Genty

Fordham International Law Journal

No abstract provided.


The Jury And Empire: The Insular Cases And The Anti-Jury Movement In The Gilded Age And Progressive Era, Andrew Kent Jan 2018

The Jury And Empire: The Insular Cases And The Anti-Jury Movement In The Gilded Age And Progressive Era, Andrew Kent

Faculty Scholarship

This Article argues that there was an important causal link, to date unrecognized, between the widespread dissatisfaction with the jury in the United States during the Gilded Age and Progressive era among many elite lawyers and judges and choices by U.S. policymakers and jurists about colonial governance in Puerto Rico and the Philippines. The story starts with the Insular Cases-landmark Supreme Court decisions from the early twentieth century holding that jury rights and some other constitutional guarantees did not apply in Puerto Rico and the Philippines until and unless Congress had taken decisive action to "incorporate" the territories into the …


The Empirical Turn In Family Law, Clare Huntington Jan 2018

The Empirical Turn In Family Law, Clare Huntington

Faculty Scholarship

No abstract provided.


Beyond The Island: Changing The Culture Of New York City Jails, Michael Jacobson, Elizabeth Dewolf, Margaret Egan, David Hafetz Jan 2018

Beyond The Island: Changing The Culture Of New York City Jails, Michael Jacobson, Elizabeth Dewolf, Margaret Egan, David Hafetz

Fordham Urban Law Journal

No abstract provided.


Character Assassination: Amending Federal Rule Of Evidence 404(B) To Protect Criminal Defendants, Daniel J. Capra, Liesa L. Richter Jan 2018

Character Assassination: Amending Federal Rule Of Evidence 404(B) To Protect Criminal Defendants, Daniel J. Capra, Liesa L. Richter

Faculty Scholarship

No abstract provided.