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Articles 541 - 570 of 1757
Full-Text Articles in Entire DC Network
The Laws Of Agency Lawyering, George M. Cohen
The Laws Of Agency Lawyering, George M. Cohen
Fordham Law Review
The great variety of agency rules governing lawyers raises interesting questions that are worth exploring. This Article begins that exploration. Part I lays the groundwork by briefly examining how the ABA Model Rules treat regulatory lawyering to raise the question of what regulatory gaps the agency rules might be expected to fill. Part II sets forth several possible theories of agency rule variation. Part III compares agency rules along a number of dimensions, examines some similarities and differences across agencies as well as between the agency rules and the Model Rules, and offers speculations about what may be driving the …
Communication And Competence For Self-Representation, E. Lea Johnston
Communication And Competence For Self-Representation, E. Lea Johnston
Fordham Law Review
In Indiana v. Edwards, the U.S. Supreme Court held that states may impose a higher competency standard for self-representation than to stand trial in criminal cases. While the Court articulated a number of interests relevant to representational competence, it left to states the difficult task of formulating an actual competence standard. This Article offers the first examination and assessment of the constitutionality of state standards post-Edwards. It reveals that seven states have endorsed a representational competence standard with a communication component. Additionally, twenty states have embraced vague, capacious standards that could consider communication skills. In applying these standards, states …
Guns And Drugs, Benjamin Levin
Guns And Drugs, Benjamin Levin
Fordham Law Review
This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, this Article uses as its test case the criminal regulation of gun possession. This Article identifies and distills three lines of drug war criticism and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, this Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social and economic costs of mass …
Lippman's Law: Debating The Fifty-Hour Pro Bono Requirement For Bar Admission, Justin Hansford
Lippman's Law: Debating The Fifty-Hour Pro Bono Requirement For Bar Admission, Justin Hansford
Fordham Urban Law Journal
No abstract provided.
Local Government Law’S “Law And___” Problem, David Schleicher
Local Government Law’S “Law And___” Problem, David Schleicher
Fordham Urban Law Journal
No abstract provided.
Finally Some Improvement, But Will It Accomplish Anything? An Analysis Of Whether The Charitable Bail Bonds Bill Can Survive The Ethical Challenges Headed Its Way, Alex Petrossian
Fordham Urban Law Journal
No abstract provided.
What Is Urban Law Today? An Introductory Essay In Honor Of The Fortieth Anniversary Of The Fordham Urban Law Journal, Nestor M. Davidson
What Is Urban Law Today? An Introductory Essay In Honor Of The Fortieth Anniversary Of The Fordham Urban Law Journal, Nestor M. Davidson
Fordham Urban Law Journal
No abstract provided.
A Poor Idea: Statute Of Limitations Decisions Cement Second-Class Remedial Scheme For Low-Income Children With Disabilities In The Third Circuit, Jennifer Rosen Valverde
A Poor Idea: Statute Of Limitations Decisions Cement Second-Class Remedial Scheme For Low-Income Children With Disabilities In The Third Circuit, Jennifer Rosen Valverde
Fordham Urban Law Journal
No abstract provided.
A Solution Hiding In Plain Sight: Special Education And Better Outcomes For Students With Social, Emotional, And Behavioral Challenges, Yael Cannon, Michael Gregory, Julie Waterstone
A Solution Hiding In Plain Sight: Special Education And Better Outcomes For Students With Social, Emotional, And Behavioral Challenges, Yael Cannon, Michael Gregory, Julie Waterstone
Fordham Urban Law Journal
No abstract provided.
A Fair Trial: When The Constitution Requires Attorneys To Investigate Their Clients' Brains, Ellen G. Koenig
A Fair Trial: When The Constitution Requires Attorneys To Investigate Their Clients' Brains, Ellen G. Koenig
Fordham Urban Law Journal
The U.S. Constitution guarantees every criminal defendant the right to a fair trial. This fundamental right includes the right to a defense counsel who provides effective assistance. To be effective, attorneys must sometimes develop specific types of evidence in crafting the best defense. In recent years, the U.S. Supreme Court has found that defense attorneys did not provide effective assistance when they failed to consider neuroscience. But when must defense attorneys develop neuroscience in order to provide effective assistance? This question is difficult because the standard for determining effective assistance is still evolving. There are two leading approaches. First, in …
Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey Corn, Chris Jenks
Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey Corn, Chris Jenks
Fordham Urban Law Journal
No abstract provided.
Reconsidering The Standards Of Admission For Prior Bad Acts Evidence In Light Of Research On False Memories And Witness Preparation, Jason Tortora
Reconsidering The Standards Of Admission For Prior Bad Acts Evidence In Light Of Research On False Memories And Witness Preparation, Jason Tortora
Fordham Urban Law Journal
No abstract provided.
Health Reform And Correctional Health Care: How The Affordable Care Act Can Improve The Health Of Ex-Offenders And Their Communities, Joel B. Teitelbaum, Laura G. Hoffman
Health Reform And Correctional Health Care: How The Affordable Care Act Can Improve The Health Of Ex-Offenders And Their Communities, Joel B. Teitelbaum, Laura G. Hoffman
Fordham Urban Law Journal
No abstract provided.
Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez
Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez
Fordham Urban Law Journal
No abstract provided.
Aggregation And Urban Misdemeanors, Alexandra Natapoff
Aggregation And Urban Misdemeanors, Alexandra Natapoff
Fordham Urban Law Journal
The urban misdemeanor process relies on a wide variety of informal groupings and aggregations. Order maintenance police arrest large numbers of people based on neighborhood, age, race, and other generalizations. Prosecutors and public defenders resolve entire classes of minor plea bargains based on standard local practices and pricing. Urban courts process hundreds of cases en masse. At each stage, the pressure to aggregate—to treat people and cases by group—weakens and sometimes eliminates individuated scrutiny of defendants and the evidence in their cases; people are largely evaluated, convicted, and punished by category and based on institutional habit. This wholesale process of …
Crime, Surveillance, And Communities, Bennett Capers
Crime, Surveillance, And Communities, Bennett Capers
Fordham Urban Law Journal
We have become a surveillance state. Cameras—both those controlled by the state, and those installed by private entities—watch our every move, at least in public. For the most part, courts have deemed this public surveillance to be beyond the purview of the Fourth Amendment, meaning that it goes largely unregulated—a cause for alarm for many civil libertarians. This Article challenges these views and suggests that we must listen to communities in thinking about cameras and other surveillance technologies. For many communities, public surveillance not only has the benefit of deterring crime and aiding in the apprehension of criminals. It can …
Policing, Protestors, And Discretion, Alafair Burke
Policing, Protestors, And Discretion, Alafair Burke
Fordham Urban Law Journal
No abstract provided.
"Professionalism" As Pathology: The Aba's Latest Pollicy Debate On Nonlawyer Ownership Of Law Practice Entities, Ted Schneyer
"Professionalism" As Pathology: The Aba's Latest Pollicy Debate On Nonlawyer Ownership Of Law Practice Entities, Ted Schneyer
Fordham Urban Law Journal
No abstract provided.
In Defense Of The Business Of Law, Judith A. Mcmorrow
In Defense Of The Business Of Law, Judith A. Mcmorrow
Fordham Urban Law Journal
No abstract provided.
The Great Gun Control War Of The Twentieth Century—And Its Lessons For Gun Laws Today, David B. Kopel
The Great Gun Control War Of The Twentieth Century—And Its Lessons For Gun Laws Today, David B. Kopel
Fordham Urban Law Journal
No abstract provided.
Gun Control After Heller And Mcdonald: What Cannot Be Done And What Ought To Be Done, Gary Kleck
Gun Control After Heller And Mcdonald: What Cannot Be Done And What Ought To Be Done, Gary Kleck
Fordham Urban Law Journal
No abstract provided.
Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody
Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody
Fordham Urban Law Journal
No abstract provided.
The British Experience With Hearsay Reform: A Cautionary Tale, Mark S. Brodin
The British Experience With Hearsay Reform: A Cautionary Tale, Mark S. Brodin
Fordham Law Review
Among the proposals being considered by the Advisory Committee on the Federal Rules of Evidence (“the Committee”) is the scrapping of the categorical exception regime for hearsay, leaving questions of reliability and admissibility ad hoc to district court judges along the lines of Federal Rules of Evidence (FRE) 403 and 807. Over the past decades, the British have moved toward this approach, and it is the purpose of this Article to identify the lessons that can be learned from that experience, especially with regard to criminal prosecutions and the right of confrontation.
Rethinking The Rationale(S) For Hearsay Exceptions, Stephen A. Saltzburg
Rethinking The Rationale(S) For Hearsay Exceptions, Stephen A. Saltzburg
Fordham Law Review
The thirty-seven principal provisions that permit out-of-court statements to be admitted for their truth under the Federal Rules of Evidence are found in Article VIII of the Rules. There are eight provisions in Rule 801(d), twenty-three provisions in Rule 803, five provisions in Rule 804 and one provision in Rule 807 that can be relied upon to admit hearsay evidence for its truth value.
Using Johnson V. United States To Reframe Retroactivity For Second Or Successive Collateral Challenges, Thomas H. Gabay
Using Johnson V. United States To Reframe Retroactivity For Second Or Successive Collateral Challenges, Thomas H. Gabay
Fordham Law Review
The Armed Career Criminal Act (ACCA) provides a fifteen-year mandatory minimum sentence in federal prison for persons with at least three prior “violent felony” convictions who are subsequently convicted of being in possession of a firearm. In Johnson v. United States, the U.S. Supreme Court struck down one portion of this statute on the ground that it was unconstitutionally vague. In addition to an enumerated list of “violent felonies” that can result in a conviction, this portion included a catchall category that defined a violent felony as a crime that “otherwise involves conduct that presents a serious potential risk …
Prior Inconsistent Statements And Substantive Evidence—Federal Rule 801(D)(1)(A): The Compromise, Stephen A. Saltzburg
Prior Inconsistent Statements And Substantive Evidence—Federal Rule 801(D)(1)(A): The Compromise, Stephen A. Saltzburg
Fordham Law Review
Federal Rule of Evidence 801(d)(1)(A) is a compromise. The Supreme Court’s version of the Rule, which it submitted to Congress in 1972, would have made all prior inconsistent statements of a witness present in court for cross-examination admissible as substantive evidence. The Court’s proposal was strongly favored by the Advisory Committee on the Federal Rules of Evidence (or “the Advisory Committee”) members who drafted the Rule. They submitted it to the Court knowing that it was consistent with the approach taken by some states and favored by authorities like John Henry Wigmore, Edmund Morgan, and Charles McCormick. But the Court’s …
Padilla V. Kentucky: Sound And Fury, Or Transformative Impact, Steven Zeidman
Padilla V. Kentucky: Sound And Fury, Or Transformative Impact, Steven Zeidman
Fordham Urban Law Journal
No abstract provided.
Realizing Padilla’S Promise: Ensuring Noncitizen Defendants Are Advised Of The Immigration Consequences Of A Criminal Conviction, Yolanda Vàzquez
Realizing Padilla’S Promise: Ensuring Noncitizen Defendants Are Advised Of The Immigration Consequences Of A Criminal Conviction, Yolanda Vàzquez
Fordham Urban Law Journal
No abstract provided.
Conference Report: Padilla And The Future Of The Defense Function, Joel M. Schumm
Conference Report: Padilla And The Future Of The Defense Function, Joel M. Schumm
Fordham Urban Law Journal
No abstract provided.
You Are The Last Lawyer They Will Ever See Before Exile: Padilla V. Kentucky And One Indigent Defender Office's Account Of Creating A Systematic Approach To Providing Immigration Advice In Times Of Tight Budgets And High Caseloads, Carlos J. Martinez, George C. Palaidis, Sarah Wood Borak
You Are The Last Lawyer They Will Ever See Before Exile: Padilla V. Kentucky And One Indigent Defender Office's Account Of Creating A Systematic Approach To Providing Immigration Advice In Times Of Tight Budgets And High Caseloads, Carlos J. Martinez, George C. Palaidis, Sarah Wood Borak
Fordham Urban Law Journal
No abstract provided.