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Fordham Law School

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Evolving Standards Of Reasonableness: The Aba Standards And The Right To Counsel In Plea Negotiations, Margaret Colgate Love Feb 2016

Evolving Standards Of Reasonableness: The Aba Standards And The Right To Counsel In Plea Negotiations, Margaret Colgate Love

Fordham Urban Law Journal

The ABA Criminal Justice Standards have been recognized by the Supreme Court as one of the most important sources for determining lawyer competence in right to counsel cases. Because the constitutional test under the Sixth Amendment is whether defense counsel’s performance was “reasonable” under “prevailing professional norms,” the standard of competence is necessarily an evolving one. The Supreme Court's decision in Padilla v. Kentucky underscores the defense bar’s stake in participating in the ABA standard-setting process to guide the development of defense counsel's obligations in plea negotiations. In addition, to the extent the courts give the ABA Standards credence in …


Padilla And Beyond: The Future Of The Defense Function, Hon. Jonathan Lippman Feb 2016

Padilla And Beyond: The Future Of The Defense Function, Hon. Jonathan Lippman

Fordham Urban Law Journal

No abstract provided.


Collateral Consequences: How Reliable Data And Resources Can Change The Way Law Is Practiced, Christopher Gowen, Erin Magary Feb 2016

Collateral Consequences: How Reliable Data And Resources Can Change The Way Law Is Practiced, Christopher Gowen, Erin Magary

Fordham Urban Law Journal

No abstract provided.


The Lawyer's Obligation To Correct Social Injustice!, James F. Gill Feb 2016

The Lawyer's Obligation To Correct Social Injustice!, James F. Gill

Fordham Urban Law Journal

No abstract provided.


A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky, Malia Brink Feb 2016

A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky, Malia Brink

Fordham Urban Law Journal

No abstract provided.


Skilling Reconsidered: The Legislative-Judicial Dynamic, Honest Services, Fraud, And The Ill-Conceived "Clean Up Government Act", J. Kelly Strader Feb 2016

Skilling Reconsidered: The Legislative-Judicial Dynamic, Honest Services, Fraud, And The Ill-Conceived "Clean Up Government Act", J. Kelly Strader

Fordham Urban Law Journal

No abstract provided.


Skilling: More Blind Monks Examining The Elephant, Julie Rose O'Sullivan Feb 2016

Skilling: More Blind Monks Examining The Elephant, Julie Rose O'Sullivan

Fordham Urban Law Journal

No abstract provided.


Victimization On Main Street: Occupy Wall Street And The Mortgage Fraud Crisis, Sandra D. Jordan Feb 2016

Victimization On Main Street: Occupy Wall Street And The Mortgage Fraud Crisis, Sandra D. Jordan

Fordham Urban Law Journal

No abstract provided.


In-House Counsel Beware!, Katrice Bridges Copeland Feb 2016

In-House Counsel Beware!, Katrice Bridges Copeland

Fordham Urban Law Journal

No abstract provided.


A Wolf In Sheep's Clothing? Transitional Justice And The Effacement Of State Accountability For International Crimes, Laurel E. Fletcher Feb 2016

A Wolf In Sheep's Clothing? Transitional Justice And The Effacement Of State Accountability For International Crimes, Laurel E. Fletcher

Fordham International Law Journal

If international atrocity crimes are acts so egregious that their impunity cannot be legally tolerated, why don’t we punish States that commit them? The rise of international criminal law is celebrated as an achievement of the international rule of law, yet its advance effectively may come at the expense of holding States accountable for their role in mass violence. Transitional justice has emerged as the dominant normative framework for how the international community responds to mass violence. Liberalism strongly influences transitional justice, which has produced individual criminal accountability as the desired form of legal accountability for atrocities. Transitional justice rejects …


New York, Reentry Essentials, Inc. Jan 2016

New York, Reentry Essentials, Inc.

Reentry Resources

No abstract provided.


Urban Policy And Families: How Concerns About Order Contribute To Familial Disorder, Raphael W. Bostic Jan 2016

Urban Policy And Families: How Concerns About Order Contribute To Familial Disorder, Raphael W. Bostic

Fordham Urban Law Journal

No abstract provided.


Distinguishing Households From Families, Katharine Silbaugh Jan 2016

Distinguishing Households From Families, Katharine Silbaugh

Fordham Urban Law Journal

No abstract provided.


Faculty Spotlight Journal 2016, Fordham Law Communications Jan 2016

Faculty Spotlight Journal 2016, Fordham Law Communications

Faculty Spotlight Journal

Excerpts of articles from: Deborah W. Denno; Sean J. Griffith; Chi Adanna Mgbako; John Pfaff; Jed Handelsman Shugerman; faculty bibliography


Disrupting The Path From Childhood Trauma To Juvenile Justice: An Upstream Health And Justice Approach, Yael Cannon, Dr. Andrew Hsi Jan 2016

Disrupting The Path From Childhood Trauma To Juvenile Justice: An Upstream Health And Justice Approach, Yael Cannon, Dr. Andrew Hsi

Fordham Urban Law Journal

No abstract provided.


Frontlines: Policing At The Nexus Of Race And Mental Health, Camille A. Nelson Jan 2016

Frontlines: Policing At The Nexus Of Race And Mental Health, Camille A. Nelson

Fordham Urban Law Journal

No abstract provided.


Homelessness And The Impossibility To Obey The Law, Terry Skolnik Jan 2016

Homelessness And The Impossibility To Obey The Law, Terry Skolnik

Fordham Urban Law Journal

No abstract provided.


Does Every Cloud Have A Silver Lining?: Brexit, Repeal Of The Human Rights Act And The Northern Ireland Bill Of Rights, Anne Smith, Monica Mcwilliams, Priyamvada Yarnell Jan 2016

Does Every Cloud Have A Silver Lining?: Brexit, Repeal Of The Human Rights Act And The Northern Ireland Bill Of Rights, Anne Smith, Monica Mcwilliams, Priyamvada Yarnell

Fordham International Law Journal

Following the Brexit referendum in the United Kingdom and the Conservative’s plans to replace the Human Rights Act with a British Bill of Rights, this article argues that this is an opportunity to re-open the debate on how best to address the current political stalemate on a Northern Ireland Bill of Rights, an unfulfilled element of the Belfast/Good Friday Agreement. We argue that at a time when there is so much uncertainty about the protection and safeguarding of rights with a real risk of lesser rights for fewer people in the United Kingdom, more than ever is the need to …


Agencies Obligation To Interpret The Statute, Aaron J. Saiger Jan 2016

Agencies Obligation To Interpret The Statute, Aaron J. Saiger

Faculty Scholarship

No abstract provided.


"Had To Be Held Down By Big Police": A Therapeutic Jurisprudence Perspective On Interactions Between Police And Persons With Mental Disabilities, Michael L. Perlin, Alison J. Lynch Jan 2016

"Had To Be Held Down By Big Police": A Therapeutic Jurisprudence Perspective On Interactions Between Police And Persons With Mental Disabilities, Michael L. Perlin, Alison J. Lynch

Fordham Urban Law Journal

No abstract provided.


Wildlife Crime And Degradation In Africa: An Analysis Of The Current Crisis And Prospects For A Secure Future, Kofi Ernest Abotsi, Paolo Galizzi, Alena Herklotz Jan 2016

Wildlife Crime And Degradation In Africa: An Analysis Of The Current Crisis And Prospects For A Secure Future, Kofi Ernest Abotsi, Paolo Galizzi, Alena Herklotz

Fordham Environmental Law Review

No abstract provided.


Stops And Stares: Street Stops, Surveillance, And Race In The New Policing, Jeffrey Fagan, Anthony A. Braga, Rod K. Brunson, April Pattavina Jan 2016

Stops And Stares: Street Stops, Surveillance, And Race In The New Policing, Jeffrey Fagan, Anthony A. Braga, Rod K. Brunson, April Pattavina

Fordham Urban Law Journal

No abstract provided.


The Psychotherapist-Patient Privilege In Prison Litigation: How Can You Claim "Garden Variety" Emotional Distress When The Flowers Are Made Out Of Steel, Michael D'Ambrosio Jan 2016

The Psychotherapist-Patient Privilege In Prison Litigation: How Can You Claim "Garden Variety" Emotional Distress When The Flowers Are Made Out Of Steel, Michael D'Ambrosio

Fordham Urban Law Journal

No abstract provided.


The Place Of Flourishing Families, Nestor M. Davidson, Clare Huntington Jan 2016

The Place Of Flourishing Families, Nestor M. Davidson, Clare Huntington

Fordham Urban Law Journal

No abstract provided.


Wildlife Crime And Degradation In Africa: An Analysis Of The Current Crisis And Prospects For A Secure Future, Kofi Ernest Abotsi, Paolo Galizzi, Alena Herklotz Jan 2016

Wildlife Crime And Degradation In Africa: An Analysis Of The Current Crisis And Prospects For A Secure Future, Kofi Ernest Abotsi, Paolo Galizzi, Alena Herklotz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Candor In Criminal Advocacy, Bruce A. Green Jan 2016

Candor In Criminal Advocacy, Bruce A. Green

Faculty Scholarship

No abstract provided.


Disciplinary Regulation Of Prosecutors As A Remedy For Abuses Of Prosecutorial Discretion: A Descriptive And Normative Analysis, Bruce A. Green, Samuel J. Levine Jan 2016

Disciplinary Regulation Of Prosecutors As A Remedy For Abuses Of Prosecutorial Discretion: A Descriptive And Normative Analysis, Bruce A. Green, Samuel J. Levine

Faculty Scholarship

No abstract provided.


The Complicated Economics Of Prison Reform, John F. Pfaff Jan 2016

The Complicated Economics Of Prison Reform, John F. Pfaff

Faculty Scholarship

No abstract provided.


Courting Abolition, Deborah W. Denno Jan 2016

Courting Abolition, Deborah W. Denno

Faculty Scholarship

This Review of Courting Death offers a different take on two of Professor Carol Steiker and Professor Jordan Steiker's major themes: (1) the tension between effecting meaningful reform and legitimatizing legal façades, and (2) the future of the American death penalty. The Review argues several points, one being that the Model Penal Code may have had a larger pre-Furman impact than the Steikers acknowledge. In addition, the Review expands on some key contributors to the death penalty’s decline that may have been obscured by the all-encompassing nature of the Steikers’ regulation argument — for example, the emergence of unforeseeable exogenous …


Should There Be A Specialized Ethics Code For Death-Penalty Defense Lawyers, Bruce A. Green Jan 2016

Should There Be A Specialized Ethics Code For Death-Penalty Defense Lawyers, Bruce A. Green

Faculty Scholarship

State ethics codes based on the ABA Model Rules of Professional Conduct address lawyers' work in advocacy but do not target lawyers' work in particular areas of advocacy or in other specialized practice areas. For more than forty years, critics have asserted that existing ethics rules are too superficial and should be supplemented by specialized rules. This article examines the utility of specialized ethics rules for one particular sub-specialty-death-penalty defense practice. After identifying arguments for and against a specialized ethics code for death-penalty cases, the article analyzes the arguments in the context of a particular ethics dilemma that some death-penalty …