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Articles 481 - 510 of 1757
Full-Text Articles in Entire DC Network
Mens Rea And Methamphetamine: High Time For A Modern Doctrine Acknowledging The Neuroscience Of Addiction, Meredith Cusick
Mens Rea And Methamphetamine: High Time For A Modern Doctrine Acknowledging The Neuroscience Of Addiction, Meredith Cusick
Fordham Law Review
Neuroscience research reveals that drug addiction results in catastrophic damage to the brain resulting in cognitive and behavioral deficits. Methamphetamine addiction is of particular interest to criminal law because it causes extensive neural destruction and is associated with impulsive behavior, violent crime, and psychosis. Furthermore, research has revealed important distinctions between the effects of acute intoxication and addiction. These findings have implications for the broader doctrine of mens rea and, specifically, the intoxication doctrines. This Note argues for the adoption of an addiction doctrine that acknowledges the effect of addiction on mens rea that is distinct from doctrines of intoxication.
Civil Trials: A Film Illusion?, Taunya L. Banks
Civil Trials: A Film Illusion?, Taunya L. Banks
Fordham Law Review
As Judge Elrod’s comments suggest, the most well-known courtroom film classics, like 12 Angry Men, Anatomy of a Murder, or Witness for the Prosecution are about criminal trials. This fact may be unimportant because the distinction between criminal and civil trial films often is lost on the general public. Unanswered is whether the distinction between criminal and civil trials is important when determining the impact of the decline in real-life civil trials on American popular culture and courtroom films in particular. This question is the focus of this Article.
Constraining Monitors, Veronica Root
Constraining Monitors, Veronica Root
Fordham Law Review
Part I of this Article explains the failure of recent attempts by courts and legislators to constrain monitor behavior. Part II then argues that one reason for the lack of monitorship regulation lies in the reluctance of bar associations to oversee quasi-legal behavior. It then explains why reputation appears to be the primary factor reigning in monitor behavior today. Part III discusses implications of this Article’s findings. Specifically, it discusses concerns regarding the disclosure of information, the boundaries of the relationship between a monitor and other parties, and the ways a monitor’s identity might be utilized as a sanctioning mechanism. …
Keeping Gideon’S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren S. Lucas
Keeping Gideon’S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren S. Lucas
Fordham Law Review
The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel, and the U.S. Supreme Court has made clear that right is applicable to all defendants in felony cases, even those unable to afford a lawyer. Yet, for defendants facing misdemeanor charges, only those defendants whose convictions result in incarceration are entitled to the assistance of counsel. The number of misdemeanor prosecutions has increased dramatically in recent years, as have the volume and severity of collateral consequences attached to such convictions; yet, the Court’s right to counsel jurisprudence in this area has remained stagnant. Critics of the …
Revisiting Our Administrative System Of Criminal Justice, Benjamin E. Rosenberg
Revisiting Our Administrative System Of Criminal Justice, Benjamin E. Rosenberg
Res Gestae
Nineteen years after Judge Lynch’s piece, "Our Administrative System of Criminal Justice," this Article considers recent developments in the criminal justice system and whether Judge Lynch’s observations have withstood the test of time. It suggests that Judge Lynch’s observation—that our criminal justice system has strayed far from the model of the adversarial system—remains as true today as it was when he made it in 1998. It further explains that developments in the nineteen years since the publication of “Our Administrative System of Criminal Justice” have caused the criminal justice system to stray even further from the adversarial model and in …
Weaver V. Commonwealth Of Massachusetts, Bruce Green, Russell Pearce
Weaver V. Commonwealth Of Massachusetts, Bruce Green, Russell Pearce
Amicus Briefs
No abstract provided.
The Robert L. Levine Distinguished Lecture: A Conversation With Justice Ruth Bader Ginsburg And Professor Aaron Saiger, Ruth Bader Ginsburg, Aaron Saiger
The Robert L. Levine Distinguished Lecture: A Conversation With Justice Ruth Bader Ginsburg And Professor Aaron Saiger, Ruth Bader Ginsburg, Aaron Saiger
Fordham Law Review
PROFESSOR AARON SAIGER: It’s a signal honor for Fordham Law School and a personal honor for me and a pleasure to have Justice Ginsburg here tonight. We want to thank you for coming. I think I will not reiterate all of the thanks Dean Diller has offered, except to say that we are very grateful to the Levine family and deeply indebted to the students of the Law Review who have made tonight happen. The format of the evening is as follows: I will ask questions and the Justice will answer them.
Stein Center For Law And Ethics Annual Report 2016 To 2017, Stein Center For Law And Ethics
Stein Center For Law And Ethics Annual Report 2016 To 2017, Stein Center For Law And Ethics
Annual Reports
No abstract provided.
Faculty Chairs: New And Currently Endowed Chairholders 2017, Fordham Law School
Faculty Chairs: New And Currently Endowed Chairholders 2017, Fordham Law School
Miscellanea
Short profiles and bibliographies of faculty members awarded chairs in 2017.
Traffic Justice: Achieving Effective And Equitable Traffic Enforcement In The Age Of Vision Zero, Marco Conner
Traffic Justice: Achieving Effective And Equitable Traffic Enforcement In The Age Of Vision Zero, Marco Conner
Fordham Urban Law Journal
No abstract provided.
The Neighborhood As Commons: Reframing Neighborhood Decline, Ronald J. Oakerson, Jeremy D. W. Clifton
The Neighborhood As Commons: Reframing Neighborhood Decline, Ronald J. Oakerson, Jeremy D. W. Clifton
Fordham Urban Law Journal
No abstract provided.
City Power In A New Era Of Localism, Wendell E. Pritchett
City Power In A New Era Of Localism, Wendell E. Pritchett
Fordham Urban Law Journal
No abstract provided.
Confusion In Montgomery’S Wake: State Responses, The Mandates Of Montgomery, And Why A Complete Categorical Ban On Life Without Parole For Juveniles Is The Only Constitutional Option, Alice Reichman Hoesterey
Confusion In Montgomery’S Wake: State Responses, The Mandates Of Montgomery, And Why A Complete Categorical Ban On Life Without Parole For Juveniles Is The Only Constitutional Option, Alice Reichman Hoesterey
Fordham Urban Law Journal
No abstract provided.
Criminal Justice Reform Is Not For The Short-Winded: How The Judiciary’S Proactive Pursuit Of Justice Helped Achieve “Raise The Age” Reform In New York, Jonathan Lippman
Criminal Justice Reform Is Not For The Short-Winded: How The Judiciary’S Proactive Pursuit Of Justice Helped Achieve “Raise The Age” Reform In New York, Jonathan Lippman
Fordham Urban Law Journal
No abstract provided.
Decriminalizing Childhood, Andrea L. Dennis
Decriminalizing Childhood, Andrea L. Dennis
Fordham Urban Law Journal
No abstract provided.
Prosecutorial Ethics In Retrospect, Bruce A. Green
Prosecutorial Ethics In Retrospect, Bruce A. Green
Faculty Scholarship
This essay examines the ethical regulation of prosecutors over the past three decades. The topic is important from the perspective of criminal justice, no less than legal ethics, because prosecutors are centrally responsible for administering the criminal law. Courts assume that the principal role in regulating prosecutors should be played by the states' formal attorney disciplinary processes rather than by civil liability or judicial oversight in criminal cases. However, there has been a well-justified academic and professional consensus that the disciplinary processes fail to fulfill their expected role because, when it comes to prosecutors, ethics rules are neither sufficiently restrictive …
Collaborating Across The Walls: A Community Approach To Parole Justice, Michelle Lewin, Nora Caroll
Collaborating Across The Walls: A Community Approach To Parole Justice, Michelle Lewin, Nora Caroll
All Categories
No abstract provided.
Youth Incarceration, Health, And Length Of Stay, Thalia GonzáLez
Youth Incarceration, Health, And Length Of Stay, Thalia GonzáLez
Fordham Urban Law Journal
No abstract provided.
The School-To-Prison Pipeline’S Legal Architecture: Lessons From The Spring Valley Incident And Its Aftermath, Josh Gupta-Kagan
The School-To-Prison Pipeline’S Legal Architecture: Lessons From The Spring Valley Incident And Its Aftermath, Josh Gupta-Kagan
Fordham Urban Law Journal
No abstract provided.
Disrupting The Trajectory: Representing Disabled African American Boys In A System Designed To Send Them To Prison, Leah Aileen Hill
Disrupting The Trajectory: Representing Disabled African American Boys In A System Designed To Send Them To Prison, Leah Aileen Hill
Fordham Urban Law Journal
No abstract provided.
Acknowledging And Protecting Against Judicial Bias At Fact-Finding In Juvenile Court, Prescott Loveland
Acknowledging And Protecting Against Judicial Bias At Fact-Finding In Juvenile Court, Prescott Loveland
Fordham Urban Law Journal
No abstract provided.
Preemption, Federalism, And Local Democracy, Kenneth A. Stahl
Preemption, Federalism, And Local Democracy, Kenneth A. Stahl
Fordham Urban Law Journal
No abstract provided.
Affordable Housing Law And Policy In An Era Of Big Data, Nestor M. Davidson
Affordable Housing Law And Policy In An Era Of Big Data, Nestor M. Davidson
Fordham Urban Law Journal
No abstract provided.
Disparate Impact Lacks An Impact: The Need For Pay For Success Programs To House Formerly Incarcerated People, Eva Coruzzi Schneider
Disparate Impact Lacks An Impact: The Need For Pay For Success Programs To House Formerly Incarcerated People, Eva Coruzzi Schneider
Fordham Urban Law Journal
No abstract provided.
What’S Love Got To Do With It? How Current Law Overlooks The Complexities Of Intimate Partner Violence On College And University Campuses, Ashley Reicher
What’S Love Got To Do With It? How Current Law Overlooks The Complexities Of Intimate Partner Violence On College And University Campuses, Ashley Reicher
Fordham Urban Law Journal
No abstract provided.
Antisocial Personality Disorder And Donald Dd.: Distinguishing The Sex Offender From The Typical Recidivist In The Civil Commitment Of Sex Offenders, Kaitlyn Walsh
Fordham Urban Law Journal
No abstract provided.
Erasing The Mark Of Cain—An Empirical Analysis Of The Effect Of Ban-The-Box Legislation On The Employment Outcomes Of People Of Color With Criminal Records, Lucy Gubernick
Fordham Urban Law Journal
No abstract provided.
The Right To An Attorney Is Not Enough: Steps To Rid The Criminal Justice System Of Its Poverty Tax, Sarah Lustbader
The Right To An Attorney Is Not Enough: Steps To Rid The Criminal Justice System Of Its Poverty Tax, Sarah Lustbader
Fordham Urban Law Journal
No abstract provided.
Policing The Poor And The Two Faces Of The Justice Department, David E. Patton
Policing The Poor And The Two Faces Of The Justice Department, David E. Patton
Fordham Urban Law Journal
No abstract provided.
Lawful Gun Carriers (Police And Armed Citizens): License, Escalation And Race, Nicholas J. Johnson
Lawful Gun Carriers (Police And Armed Citizens): License, Escalation And Race, Nicholas J. Johnson
Faculty Scholarship
No abstract provided.