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Articles 841 - 870 of 1757
Full-Text Articles in Entire DC Network
The Defense Of Necessity And Powers Of The Government, Youngjae Lee
The Defense Of Necessity And Powers Of The Government, Youngjae Lee
Faculty Scholarship
No abstract provided.
The Right Remedy For The Wrongly Convicted: Judicial Sanction For Destruction Of Dna Evidence, Cynthia E. Jones
The Right Remedy For The Wrongly Convicted: Judicial Sanction For Destruction Of Dna Evidence, Cynthia E. Jones
Fordham Law Review
Many state innocence protection statutes give courts the power to impose appropriate sanctions when biological evidence needed for postconviction DNA testing is wrongly destroyed by the government. Constitutional claims based on wrongful evidence destruction are governed by the virtually insurmountable “bad faith” standard articulated in Arizona v. Youngblood. The wrongful destruction of DNA evidence in contravention of state innocence protection laws, however, should be governed by the standards used to adjudicate other “access to evidence” violations in criminal cases, including disclosures mandated by the rules of criminal procedure, the Jencks Act, and Brady v. Maryland. Under the “access to evidence” …
Collateral Conflict: Employer Claims Of Rico Extortion Against Union Comprehensive Campaign , James J. Brudney
Collateral Conflict: Employer Claims Of Rico Extortion Against Union Comprehensive Campaign , James J. Brudney
Faculty Scholarship
The article addresses an important yet largely overlooked issue of statutory meaning and labor relations policy: employers’ aggressive use of civil RICO actions to chill coordinated union efforts in the organizing and bargaining arenas. Over the past 30 years, facing volatile economic conditions and complex corporate relationships, unions have mounted coordinated campaigns (aimed at consumers, public officials, lenders, the media, and the public) in order to help organize new workers and to renew collective bargaining relationships. These often high-profile campaigns have at times been quite successful. In response, employers since the late 1980s have invoked civil RICO’s broad language to …
When Willie Francis Died: The ‘‘Disturbing’’ Story Behind One Of The Eighth Amendment’S Most Enduring Standards Of Risk, Deborah W. Denno
When Willie Francis Died: The ‘‘Disturbing’’ Story Behind One Of The Eighth Amendment’S Most Enduring Standards Of Risk, Deborah W. Denno
Faculty Scholarship
No abstract provided.
2008-2009 Fordham Law School Faculty Bibliography, Fordham Law School Library
2008-2009 Fordham Law School Faculty Bibliography, Fordham Law School Library
Faculty Bibliography
No abstract provided.
Challenges Facing Society In The Implementation Of The Death Penalty, Fernando J. Gaitan
Challenges Facing Society In The Implementation Of The Death Penalty, Fernando J. Gaitan
Fordham Urban Law Journal
No abstract provided.
The Hippocratic Paradox: The Role Of The Medical Profession In Capital Punishment In The United States, Jonathan I. Groner
The Hippocratic Paradox: The Role Of The Medical Profession In Capital Punishment In The United States, Jonathan I. Groner
Fordham Urban Law Journal
No abstract provided.
The Attorney-Client Privilege Protection Act: The Prospect Of Congressional Intervention Into The Department Of Justice's Corporate Charging Policy, Andrew Gilman
Fordham Urban Law Journal
This Note analyzes the Privilege Protection Act, focusing on how it might change corporate white-collar prosecutions. Part I of this Note explores the mechanics of the corporate privilege, the development of the DOJ's waiver policy, and the structure of the Privilege Protection Act. Part II addresses the conflicting views on whether the Privilege Protection Act will bolster corporate attorney-client privilege, provide for the effective and efficient prosecution of white-collar crime, and promote ethical prosecutorial practices. Finally, Part III argues that the Privilege Protection Act is a misguided attempt to correct a greater systemic problem with the corporate attorney-client privilege and …
"More Adversarial, But Not Completely Adversarial": Reformasi Of The Indonesian Criminal Procedure Code, Robert R. Strang
"More Adversarial, But Not Completely Adversarial": Reformasi Of The Indonesian Criminal Procedure Code, Robert R. Strang
Fordham International Law Journal
This Article provides a perspective not normally available to U.S. legal scholars in the area of comparative law -- it is a firsthand account of criminal procedure reform in the Republic of Indonesia. Indonesia, the world’s fourth largest country by population and the largest civil law jurisdiction, has embarked on sweeping legal, political, and institutional reform in the ten years since the collapse of authoritarian rule. Half way around the world from the U.S., Indonesia is virtually unknown to Western legal scholars, yet the changes being made in Indonesian criminal procedure are fundamental: establishing a suspect’s right to remain silent; …
When Chinese Criminal Defense Lawyers Become The Criminals, Yanfei Ran
When Chinese Criminal Defense Lawyers Become The Criminals, Yanfei Ran
Fordham International Law Journal
This Article tries to find some practical resolutions for the problematic situation of Chinese defense lawyers. Part I introduces how Chinese laws and regulations provide legal protection for criminal defendants and their defense lawyers, and compares Chinese laws with well-established international standards. Part II focuses on examples of the problems and difficulties faced by Chinese lawyers in their defense work. Part III specifically discusses criminal charges that lawyers face in their practice. Part IV argues that the long-awaited new Chinese Lawyers Law cannot solve all of the problems or wipe away all obstacles they face. Rather, solving those problems requires …
Gendercide And The Cultural Context Of Sex Trafficking In China, Susan Tiefenbrun, Christie J, Edwards
Gendercide And The Cultural Context Of Sex Trafficking In China, Susan Tiefenbrun, Christie J, Edwards
Fordham International Law Journal
This paper discusses the interconnection of historic, legal, and cultural contexts that result in the perpetuation of discrimination against women in Chinese society. The contextual analysis attempts to explain the causes for an increase in trafficking of women and the deplorable human rights violations perpetrated upon women in China today. The remedies to eliminate trafficking proposed in this paper are not easily implemented. The OCP must be revised to provide more incentives to rational family planning rather than harsh punishments and coercion. China needs to reverse a long-standing cultural tradition of male son preference and discrimination against women. We know …
Gravity And The Legitimacy Of The International Criminal Court, Margaret M. Deguzman
Gravity And The Legitimacy Of The International Criminal Court, Margaret M. Deguzman
Fordham International Law Journal
References to gravity are threaded throughout the Rome Statute's provisions relating to jurisdiction and its exercise. These references reflect the drafters' philosophical vision for the Court, but fail to provide the institution with clear legal guidance. Part II begins by examining the relevant statutory provisions, exploring ambiguities in the text and suggesting how it should be interpreted. It then canvases the legislative history for indications of the drafters' intent and evaluates the approaches to gravity adopted thus far by the Court's judges and Prosecutor. The analysis in this Part demonstrates that gravity plays two essential and distinct roles for the …
The European Counterterrorist As The Next U.S. Cold Warrior: Why The United States Should Select From The German And British Models Of Procedure, Evidence, And Oversight For National Security Wiretapping, Daniel Saperstein
Fordham International Law Journal
The War on Terror is not limited to the United States, but rather, requires the cooperation and dedication of European allies which also have suffered from deadly terrorist attacks. A casualty of President Bush's foreign policy at times during his term was the alienation of the United States' traditional European allies which have acquired invaluable experience in counterterrorist operations and strategy stemming from their historical circumstances. This Note will discuss the historical differences between the U.S. and European attention and approaches to counterterrorism to provide a context in which to contrast the spectrum of national security wiretapping procedures, standards of …
The Emerging First Amendment Law Of Managerial Prerogative, Lawrence Rosenthal
The Emerging First Amendment Law Of Managerial Prerogative, Lawrence Rosenthal
Fordham Law Review
In Garcetti v. Ceballos, the U.S. Supreme Court, by the narrowest of margins, held that allegations of police perjury made in memoranda to his superiors by Richard Ceballos, a supervisory prosecutor in the Los Angeles County District Attorney's office, were unprotected by the First Amendment because “his expressions were made pursuant to his duties.” The academic reaction to this holding has been harshly negative; scholars argue that the holding will prevent the public from learning of governmental misconduct that is known only to those working within the bowels of the government itself. This Article rejects the scholarly consensus on Garcetti. …
Does Medellin Matter?, Janet Koven Levit
Recidivism As Omission: A Relational Account , Youngjae Lee
Recidivism As Omission: A Relational Account , Youngjae Lee
Faculty Scholarship
Are repeat offenders more culpable than first-time offenders? In the United States, the most important determinant of punishment for a crime, other than the seriousness of the crime itself, is the offender's criminal history. Despite the popularity of the view that repeat offenders deserve to be treated more harshly than first-time offenders, there is no satisfactory retributivist account of the "recidivist premium." This Article advances a retributivist defense of the recidivist premium and proposes that the recidivist premium be thought of as punishment not, as sometimes suggested, for a defiant attitude or a bad character trait, but as punishment for …
Judicial Power And Moral Ideology In Wartime: Shaping The Legal Process In World War I Britain , Rachel Vorspan
Judicial Power And Moral Ideology In Wartime: Shaping The Legal Process In World War I Britain , Rachel Vorspan
Faculty Scholarship
Offering a cautionary lesson of contemporary significance, the Article suggests that judicial power is not in and of itself the solution to executive infringements on due process rights in wartime. It examines the response of the British judiciary to serious threats to its institutional power during the First World War. To facilitate prosecution of the war, the government narrowed the jurisdiction of the traditional courts by eliminating jury trial, subjecting civilians to court-martial, and establishing new administrative tribunals to displace the traditional courts. Rather than remaining passive and deferential to the executive, as scholars have generally assumed, the judges moved …
Barriers To Participation: Challenges Faced By Members Of Underrepresented Racial And Ethnic Groups In Entering, Remaining, And Advancing In The Adr Field, Maria R. Volpe, Robert A. Baruch Bush, Gene A. Johnson, Jr., Christopher M. Kwok
Barriers To Participation: Challenges Faced By Members Of Underrepresented Racial And Ethnic Groups In Entering, Remaining, And Advancing In The Adr Field, Maria R. Volpe, Robert A. Baruch Bush, Gene A. Johnson, Jr., Christopher M. Kwok
Fordham Urban Law Journal
This Article discusses research aimed to understand barriers to participation of underrepresented racial and ethnic groups in ADR practices. The research includes ADR in and around New York City. The article discusses methodology, challenges of the research, preliminary findings, remedies, future research, and the significance of the findings. Universal and specific barriers include: (i) informational and professional; (ii) social, institutional, and cultural; and (iii) economic. The authors encourages future research of barriers affecting underrepresented groups and emphasizes the need to reduce these barriers.
Securing Online Transactions: Crime Prevention Is The Key, Michael Ena
Securing Online Transactions: Crime Prevention Is The Key, Michael Ena
Fordham Urban Law Journal
This Comment illustrates how government regulation, criminal justice, private legal actions, and market forces contribute to the security of online transactions. Further, it argues that government regulation aimed at the prevention of cybercrime should be the primary focus of the efforts to improve online security. Ultimately, the Comment argues that as more businesses more online, securing online transactions becomes more critical to protect against fraud, to cut off source of illegal income for organized crime and terrorists, and to ensure the future growth of the national economy.
The Lethal Injection Debate: Law And Science, Deborah W. Denno
The Lethal Injection Debate: Law And Science, Deborah W. Denno
Fordham Urban Law Journal
No abstract provided.
Methods Of Execution And Their Effect On The Use Of The Death Penalty In The United States, Richard C. Dieter
Methods Of Execution And Their Effect On The Use Of The Death Penalty In The United States, Richard C. Dieter
Fordham Urban Law Journal
No abstract provided.
Anomalies: Ritual And Language In Lethal Injection Regulations, Leigh B. Bienen
Anomalies: Ritual And Language In Lethal Injection Regulations, Leigh B. Bienen
Fordham Urban Law Journal
No abstract provided.
Nonparty Remote Electronic Access To Plea Agreements In The Second Circuit, David L. Snyder
Nonparty Remote Electronic Access To Plea Agreements In The Second Circuit, David L. Snyder
Fordham Urban Law Journal
Widespread electronic access to case files gives rise to security concerns previously unrealized in the era of paper records. As the United States Department of Justice noted, the emergence of a "cottage industry" of websites that republish court filings online for the purposes of witness intimidation, retaliation, and harassment poses "a grave risk of harm" to cooperating witnesses and defendants. Accordingly, the benefits associated with remote electronic availability and dissemination of judicial documents may come at a considerable cost. This Note describes the options that district courts within the Second Circuit could implement to mitigate these concerns. Part I of …
Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger A. Fairfax, Jr.
Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger A. Fairfax, Jr.
Fordham Law Review
Appellate harmless error review, an early twentieth-century innovation prompted by concerns of efficiency and finality, had been confined to nonconstitutional trial errors until forty years ago, when the U.S. Supreme Court extended the harmless error rule to trial errors of constitutional proportion. Even as criminal procedural protections were expanded in the latter half of the twentieth century, the harmless error rule operated to dilute the effect of many of these constitutional guarantees--the Sixth Amendment right to jury trial being no exception. However, while a trade-off between important process values and the Constitution's protection of individual rights is inherent in the …
Restoring The Grand Jury, Kevin K. Washburn
Restoring The Grand Jury, Kevin K. Washburn
Fordham Law Review
Though it is enshrined in the Constitution, the grand jury is one of the least respected institutions in American criminal justice today. Scholars regard the grand jury just as doctors regard the appendix: an organic part of our constitutional makeup, but not of much use. While scholars have proposed reforms, most of them seem only loosely related to the fundamental purpose of the grand jury. In an era of plea bargains, the grand jury can serve a crucial role in insuring popular legitimacy in the criminal justice system. In light of the criticism, however, the grand jury seems to be …
Punishing Family Status , Jennifer M. Collins, Ethan J. Leib, Dan Markel
Punishing Family Status , Jennifer M. Collins, Ethan J. Leib, Dan Markel
Faculty Scholarship
This Article focuses upon two basic but under-explored questions: when does, and when should, the state use the criminal justice apparatus to burden individuals on account of their familial status? We address the first question in Part I by revealing a variety of laws permeating the criminal justice system that together form a string of family ties burdens, laws that impose punishment upon individuals on account of their familial status. The seven burdens we train our attention upon are omissions liability for failure to rescue, parental responsibility laws, incest, bigamy, adultery, nonpayment of child support, and nonpayment of parental support. …
Happy Families - Translating Positive Psychology Into Family Law, Clare Huntington
Happy Families - Translating Positive Psychology Into Family Law, Clare Huntington
Faculty Scholarship
Despite the well-documented finding in the field of positive psychology that close interpersonal relationships are significantly correlated with subjective well-being and thriving communities, scholars have yet to bring together positive psychology and family law. And what is family law if not the law of close interpersonal relationships? Positive psychology and related work have the potential to inform the what, the why, and the how of family law, but realizing the potential of positive psychology as a guide for family law involves challenges. In particular, it requires translating the descriptive science of psychology into the prescriptive policies of family law. This …
Desert And The Eighth Amendment Symposium: Cruel And Unusual Punishment: Litigating Under The Eighth Amendment, Youngjae Lee
Desert And The Eighth Amendment Symposium: Cruel And Unusual Punishment: Litigating Under The Eighth Amendment, Youngjae Lee
Faculty Scholarship
The task of this Article is to evaluate these two approaches to understanding the role of retribution as a constitutional constraint. And in order to do so, I would like to first answer a related question, one step removed: What should be the significance of ordinary intuitions about what people deserve when scholars theorize about what people deserve? If a popular belief about a question of desert does not match up with conclusions arrived at through theorizing and reflections about desert, who should revise their views-"the people" or the theorists? I suggest in this Article that the answer is twofold. …
The Empirics Of Prison Growth: A Critical Review And Path Forward, John F. Pfaff
The Empirics Of Prison Growth: A Critical Review And Path Forward, John F. Pfaff
Faculty Scholarship
A growing empirical literature has sought to explain the forces behind the significant expansion of the U.S. prison population over the past thirty years. Unfortunately, the studies to date have suffered from important methodological, conceptual, and definitional problems that have significantly curtailed their ability to identify causal effects. In this Article, I examine several of the central limitations and discuss remedies. I start by reviewing the theories that investigators have sought to test. I then discuss the studies' empirical defects, such as failing to account for endogenous relationships, overlooking the risk of model dependency, ignoring complex dynamic relationships, using variables …
Structural Dimensions Of Romantic Preferences, Russell K. Robinson
Structural Dimensions Of Romantic Preferences, Russell K. Robinson
Fordham Law Review
No abstract provided.