Digital Commons Network^™

American Ideals & Human Rights: Findings From New Public Opinion Research By The Opportunity Agenda, Alan Jenkins, Kevin Shawn Hsu

Fordham Law Review

No abstract provided.

The Role Of International Bodies In Influencing U.S. Policy To End Violence Against Women, Lenora M. Lapidus

Fordham Law Review

No abstract provided.

Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel

Fordham Law Review

No abstract provided.

Voluntarism, Vulnerability, And Criminal Law: A Response To Professors Hills And O'Hear , Ethan J. Leib, Dan Markel, Jennifer M. Collins

Faculty Scholarship

This Response addresses the criticisms of our project by Professors Rick Hills and Michael O'Hear. Before we address those challenges, we first want to reiterate our gratitude to the B.U. Law Review for hosting an exchange based on our article, Punishing Family Status (forthcoming BU LR, December 2008), and to Professors Hills and O'Hear for their careful and subtle analysis of that article. Additionally, it's worth recapitulating what our bottom-line conclusions are so we can better see if there are any practical disagreements with our critics. Summarizing quickly: we support decriminalization in the cases of parental responsibility laws (based on …

The Constitutional Dimension Of Immigration Federalism, Clare Huntington

Faculty Scholarship

Although the federal government is traditionally understood to enjoy exclusive authority over immigration, states and localities are increasingly asserting a role in this field. This development has sparked vigorous debate on the propriety of such involvement, but the debate is predicated on a misunderstanding of the nature of federal exclusivity. Challenging the conventional wisdom that the Constitution precludes a meaningful role for state and local involvement in immigration.

This Article argues that the Constitution allows immigration authority to be shared among levels of government. After establishing the correctness of this view of immigration authority, this Article argues that the constitutionality …

Introduction: Symposium: The Lethal Injection Debate: Law And Science, Deborah W. Denno

Faculty Scholarship

No abstract provided.

Ralph Baze V. John D. Rees, Kathleen Hartnett, Alison Nathan, Bruce Green

Amicus Briefs

No abstract provided.

2007-2008 Fordham Law School Faculty Bibliography, Fordham Law School Library

Faculty Bibliography

No abstract provided.

Restorative Justice: How Law Schools Can Help Heal Their Communities, Rachel King

Fordham Urban Law Journal

This Essay argues that the justice system should establish a parallel system, using restorative justice, designed to "heal" those individuals affected by crime, but who are not the victim, i.e. the victim's family. Additionally, the author proposes that law schools should help develop this parallel system.

Women, Children, And Victims Of Massive Crimes: Legal Developments In Africa, Justice Richard J. Goldstone

Fordham International Law Journal

This issue of the Fordham International Law Journal is devoted to African themes. The articles concentrate on the most vulnerable in Africa, namely children, women and the victims of massive crimes.

The Challenges Of International Criminal Prosecutions In Africa, Okechukwu Oko

Fordham International Law Journal

This article evaluates the problems and challenges of international criminal prosecutions in Africa.Part I examines the values of criminal prosecution. It examines whether international criminal prosecutions can be used as a vehicle to contribute to "national reconciliation and to the restoration and maintenance of peace." I concede that punishing perpetrators of evil is definitively a viable mechanism for combating impunity. In appropriate cases, the criminal process can be deployed to engineer compliance with the law and to deter would-be perpetrators of evil. I argue, however, that the objectives of using criminal prosecution to reestablish social equilibrium and promote reconciliation, though …

Conceptualizing Intimate Violence And Gender Equality: A Comparative Approach, Valorie K. Vojdik

Fordham International Law Journal

Part I discusses the treatment of domestic violence as a human rights issue under international law, focusing on the shift in the conceptualization of violence against women from a private matter to a human rights issue. By framing gender-based violence as a means to perpetuate the social, economic, and political inequality of women, the international community has imposed positive obligations upon the state to not only punish but to prevent gender-based violence and to eliminate its root causes. In Parts II and III, I contrast the approaches of the highest courts of the United States and South Africa. Part II …

Adjudicating Genocide: Is The International Court Of Justice Capable Of Judging State Criminal Responsibility?, Dermot Groome

Fordham International Law Journal

Last February, the International Court of Justice issued a judgement adjudicating claims by Bosnia and Herzegovina that Serbia breached the 1948 Genocide Convention – the case marks the first time a state has made such claims against another. The alleged genocidal acts were the same as those that have been the subject of several criminal trials in the Yugoslav Tribunal. The judgment contained several landmark rulings – among them, the Court found that a state, as a state, could commit the crime of genocide and the applicable standard of proof for determining state responsibility is comparable to the standard used …

Clarifying The Curative Admissibility Doctrine: Using The Principles Of Forfeiture And Deterrence To Shape The Relief For An Opponent's Evidentiary Misconduct, Edward J. Imwinkelried

Fordham Law Review

No abstract provided.

Special Issues Raised By Rape Trial, Aviva Orenstein

Fordham Law Review

No abstract provided.

The Emotional Juror., Todd E. Pettys

Fordham Law Review

No abstract provided.

Expert Witness Ethics, Joseph Sanders

Fordham Law Review

No abstract provided.

Evidence And Ethics: Litigating In The Shadows Of The Rules, Joseph A. Colquitt

Fordham Law Review

No abstract provided.

Dying To Get Away With It: How The Abatement Doctrine Thwarts Justice--And What Should Be Done Instead, Timothy A. Razel

Fordham Law Review

No abstract provided.

Beyond Mitigation: Towards A Theory Of Allocution, Kimberly A. Thomas

Fordham Law Review

No abstract provided.

Obiora Chinedu Okafor, Legitimizing Human Right Ngos: Lessons From Nigeria, Joel M. Ngugi

Fordham International Law Journal

Professor Obiora Chinedu Okafor of Osgoode Hall School of Law, Toronto, Canada, has written a well-researched and valuable book about Human Rights Non-Governmental Organizations ("NGOs") in Nigeria. ... " Similarly, in many countries, NGOs, in their capacity as civic society, have been given official roles in some key governance institutions such as in Nigerian National Human Rights Commissions, media watchdogs, Governmental Commissions, and so forth. In chapter five of the book, Professor Okafor candidly describes the funding patterns of human rights NGOs in Nigeria. As Professor Okafor tells the story, the trail of the "popular legitimization crisis" of local human …

Cooperative Localism: Federal-Local Collaboration In An Era Of State Sovereignty Part Ii: Federalism, Nestor M. Davidson

Faculty Scholarship

Direct relations between the federal government and local governments - what this article calls "cooperative localism" - play a significant and underappreciated role in areas of contemporary policy as disparate as homeland security, law enforcement, disaster response, economic development, social services, immigration, and environmental protection. Despite the ubiquity of this practice, a jurisprudential clash is looming that threatens this important facet of intergovernmental relations. Historically, courts have allowed local governments to invoke federal authority as a source of local autonomy, despite the prevailing view of local governments as powerless instrumentalities of the state. The Supreme Court is increasingly suggesting, however, …

Judicial Performance Review: A Balance Between Judicial Independence And Public Accountability, Jean E. Dubofsky

Fordham Urban Law Journal

This article discusses judicial appointment and judicial independence in Colorado. The article argues that in Colorado, the independence of the judiciary needs to be protected, perhaps more than at any other time in the state’s history. While public accountability is important, it is achieved through the executive and legislative branches of the government. The courts function best if judges are free to decide each case without regard to how the general public might put a thumb on the scales of justice. To the degree that judicial performance commissions can protect judicial independence, while providing voters in retention elections with sufficient …

A Comparison Of The Criminal Appellate Decisions Of Appointed State Supreme Courts: Insights, Questions, And Implications For Judicial Independence, Aman L. Mcleod

Fordham Urban Law Journal

This Article presents the results of a study conducted to see whether state supreme courts selected in states with dissimilar appointment systems differ in the way they decide criminal appeals. Comparing the criminal decisions of courts selected with different appointment systems may also suggest something about how different appointment systems impact judicial independence.

Re-Conceptualizing Poverty Law Clinical Curriculum And Legal Services Practice: The Need For Generalists, Jonel Newman

Fordham Urban Law Journal

This Essay argues that law schools should adopt a program for training more legal generalists, especially in the field of poverty law. Furthermore, poverty law clinics should be the vehicle used to train these generalists.

The Meaning Of American Citizenship In A Post-9/11 World, Peter H. Schuck

Fordham Law Review

No abstract provided.

Criminal Justice And The Challenge Of Family Ties, Dan Markel, Ethan J. Leib

Faculty Scholarship

This Article asks two basic questions: When does, and when should, the state use the criminal justice apparatus to accommodate family ties, responsibilities, and interests? We address these questions by first revealing a variety of laws that together form a string of family ties subsidies and benefits pervading the criminal justice system. Notwithstanding our recognition of the important role family plays in securing the conditions for human flourishing, we then explain the basis for erecting a Spartan presumption against these family ties subsidies and benefits within the criminal justice system. We delineate the scope and rationale for the presumption and …

Achieving Better Outcomes For Litigants In The New York State Courts, Chief Administative Judge Jonathan Lippman

Fordham Urban Law Journal

Remarks at the Inaguargal Fordham Dispute Reolution Society Symposium "ADR as a Tool for Achieving Social Justice."

Undermining Individual And Collective Citizenship: The Impact Of The Exclusion Laws On The African-American Community, S. David Mitchell

Fordham Urban Law Journal

The purpose of this Article is to demonstrate that felon exclusion laws are not race neutral and that the application of the laws has a racially discriminatory effect, and to call for their abolition. The laws contribute to the erosion of citizenship rights for the individual African-American ex-felon, and the undermining of the collective citizenship rights of the larger African-American community. Part II discusses the conceptualization of citizenship that underscores the premise of the Article. Part III discusses the exclusions that ex-felons encounter and the resulting impact on the individual and the community. Using Alabama as a case study, Part …

Rebuilding The Safety Mechanism: Does 18 U.S.C. § 3553(E) Violate The Separation Of Powers, Michael Buescher

Fordham Law Review

This Note examines the government motion requirement of 18 U.S.C. § 3553(e) and section 5K1.1 of the Federal Sentencing Guidelines from a separation of powers perspective. The issues discussed include whether requiring authorization from the prosecutor before a sentencing judge can consider a defendant's cooperation when determining whether to grant a downward departure below a mandatory minimum sentence violates separation of powers. Building on the concerns of past commentators and recognizing that the Federal Sentencing Guidelines are likely here to stay, this Note proposes that, in order to protect the perception of integrity in the criminal justice system, Congress should …