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Articles 961 - 990 of 1757
Full-Text Articles in Entire DC Network
Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber
Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber
Fordham Law Review
No abstract provided.
The New Constitution And The Judicialization Of Pure Politics Worldwide, Ran Hirschl
The New Constitution And The Judicialization Of Pure Politics Worldwide, Ran Hirschl
Fordham Law Review
No abstract provided.
Political Power And Judicial Power: Some Observations On Their Relation, Mark Tushnet
Political Power And Judicial Power: Some Observations On Their Relation, Mark Tushnet
Fordham Law Review
No abstract provided.
"The Csi Effect": Exposing The Media Myth , Kimberlianne Podlas
"The Csi Effect": Exposing The Media Myth , Kimberlianne Podlas
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Dangerous Mix: Mandatory Sentence Enhancements And The Use Of Motive, Joshua S. Geller
A Dangerous Mix: Mandatory Sentence Enhancements And The Use Of Motive, Joshua S. Geller
Fordham Urban Law Journal
The comment begins with a story about an attack that took place against a homosexual where the attacker was then charged with a hate crime because he attacked a homosexual and seemingly was motivated by the victims sexual preference. The resulting strict punishment was based on motive and the comment discusses whether it is a good idea to mandate stricter punishment for crimes based on different kinds of motives. The comment then explores the differences between intent and motive, examines motive in the view of conspiracies based on Pinkerton liability and such, and looks at motive in the context of …
Policing Post-9/11, Robert J. Louden
Policing Post-9/11, Robert J. Louden
Fordham Urban Law Journal
This paper therefore is an attempt to consider post-September 11 law enforcement activities in the context of organized policing in America. Many concepts and procedures used as illustrations have been undertaken by various police agencies. This demonstrates how previously accepted police practices may be changed in part by reaction to crisis legislation or other influences. New York City programs may or may not serve as benchmarks for other agencies. In these times of threat and response some important factors about preparing police for role change became apparent. First, there is a need to specify the new reality and determine what …
Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World
Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World
Fordham Urban Law Journal
The era following September 11, 2001 will be remembered as the golden age of law enforcement, the age of a bold paradigm shift inspired by the great challenges we face. It is instructive first to reflect on the old paradigm: as law enforcement agencies, we moved like swimmers in different lanes, all going the same direction with the same mission, yet also working by and for ourselves. Each criminal justice agency dealt with its own issues, staying—for the most part—in its own lane. Then, 9/11 changed everything. Indeed, it is our turn to be the greatest generation. Just as World …
"External" Versus "Internal" In International Law, Martin S. Flaherty
"External" Versus "Internal" In International Law, Martin S. Flaherty
Fordham International Law Journal
The issues and analyses in this issue of the Fordham International Law Journal provide excellent cases for testing how a conventional approach would mediate current external pressures for legal change on current international and foreign relations law commitments. As it turns out, the results suggest that sovereigntist concerns are overblown, but that internationalist advocates ignore them completely at their peril.
The Impact Of U.N. Human Rights Commission Reform On The Ground: Investigating Extrajudicial Executions Of Honduran Street Children, Caroline Mchale
The Impact Of U.N. Human Rights Commission Reform On The Ground: Investigating Extrajudicial Executions Of Honduran Street Children, Caroline Mchale
Fordham International Law Journal
This Note uses the case of Honduran street children to demonstrate that the U.N. Principles have not been adequately implemented, and argues that the international community should use the creation of the U.N. Human Rights Council (“Council”) as an opportunity to insist on better training and monitoring of investigative personnel worldwide. Part I reviews the legal standards establishing extrajudicial executions of street children as a major human rights violation and the Honduran State's duty to investigate. Part I also examines challenges facing Honduran investigative police agencies, including budget crises and accusations of corruption and complicity. Part I concludes with a …
Revisiting Miranda After Avena: The Implications Of Mexico V. United States Of America For The Implementation Of The Vienna Convention On Consular Relations In The United States, Elizabeth Samson
Fordham International Law Journal
This Article explores the tension between the limited power of the federal government to implement the ICJ's ruling and the authority of individual U.S. states to effect criminal justice, in consideration of the Vienna Convention and the requirements of the Avena decision. The application of international law within the U.S. federal system will be analyzed, in particular with respect to the Avena, LaGrand, and Breard cases. In view of those cases, the efficacy of remedies in the U.S. federal system for the correction of past violations as well as the prevention of future breaches of the Vienna Convention will be …
Exporting Despair: The Human Rights Implications Of U.S. Restrictions On Foreign Health Care Funding In Kenya, Mehlika Hoodbhoy, Martin S. Flaherty, Tracy E. Higgins
Exporting Despair: The Human Rights Implications Of U.S. Restrictions On Foreign Health Care Funding In Kenya, Mehlika Hoodbhoy, Martin S. Flaherty, Tracy E. Higgins
Fordham International Law Journal
This Report culminates a year-long project undertaken by the Joseph R. Crowley Program in International Human Rights to study the impact of the Mexico City Policy in Kenya and to analyze the applicable international human rights standards. This Report sets out the findings and legal analysis that resulted. Following this Introduction and a cataloguing of our recommendations, Part I examines those international human rights obligations that the Mexico City Policy most obviously implicates. In Part II, the Report turns to the impact of the Mexico City Policy upon these rights in Kenya. Part III of this Report turns to the …
Giving The Barking Dog A Bite: Challenging Felon Disenfranchisement Under The Voting Rights Act Of 1965, Lauren Handelsman
Giving The Barking Dog A Bite: Challenging Felon Disenfranchisement Under The Voting Rights Act Of 1965, Lauren Handelsman
Fordham Law Review
No abstract provided.
Critical Race Lawyering: Foreword, Sheila R. Foster
Critical Race Lawyering: Foreword, Sheila R. Foster
Fordham Law Review
No abstract provided.
Living And Lawyering Rebelliously, Gerald P. Lopez
Living And Lawyering Rebelliously, Gerald P. Lopez
Fordham Law Review
No abstract provided.
Critical Race Lawyering In Tulia, Texas, Vanita Gupta
Critical Race Lawyering In Tulia, Texas, Vanita Gupta
Fordham Law Review
No abstract provided.
Totally Exhausted: Why A Strict Interpretation Of 42 U.S.C. § 1997e(A) Unduly Burdens Courts And Prisoners, Adam Slutsky
Totally Exhausted: Why A Strict Interpretation Of 42 U.S.C. § 1997e(A) Unduly Burdens Courts And Prisoners, Adam Slutsky
Fordham Law Review
No abstract provided.
The Appellate Judges Speak, Edward R. Becker, Michael Boudin, Pierre N. Leval
The Appellate Judges Speak, Edward R. Becker, Michael Boudin, Pierre N. Leval
Fordham Law Review
No abstract provided.
The Citation Of Unpublished Opinions In The Federal Courts Of Appeals, Partrick J. Schiltz
The Citation Of Unpublished Opinions In The Federal Courts Of Appeals, Partrick J. Schiltz
Fordham Law Review
No abstract provided.
Should Prosecutors Be Required To Record Their Pretrial Interviews With Accomplices And Snitches?, Sam Roberts
Should Prosecutors Be Required To Record Their Pretrial Interviews With Accomplices And Snitches?, Sam Roberts
Fordham Law Review
No abstract provided.
Shortness Of Vision: Regulatory Ambition In The Digital Age, Susan P. Crawford
Shortness Of Vision: Regulatory Ambition In The Digital Age, Susan P. Crawford
Fordham Law Review
No abstract provided.
School Choice To Achieve Desegregation, Goodwin Liu, William L. Taylor
School Choice To Achieve Desegregation, Goodwin Liu, William L. Taylor
Fordham Law Review
No abstract provided.
Wrong-Sizing International Justice? The Hybrid Tribunal In Sierra Leone, Chandra Lekha Sriram
Wrong-Sizing International Justice? The Hybrid Tribunal In Sierra Leone, Chandra Lekha Sriram
Fordham International Law Journal
Even as the International Criminal Court undertakes investigations in Uganda and the Democratic Republic of Congo, policymakers and academics continue to debate what the “right” tools to respond to past atrocities are. Naturally there are concerns that justice must be done, weighed against concerns that weak States will be destabilized by attempts at accountability. While many have celebrated the entry into force of the International Criminal Court Statute and the exercise of universal jurisdiction, the United States continues to challenge both of these tools of international justice as undemocratic and illegitimate. There are also reasons to be concerned that tools …
Sexual Minorities, Criminal Justice, And The Death Penalty, Michael B. Shortnacy
Sexual Minorities, Criminal Justice, And The Death Penalty, Michael B. Shortnacy
Fordham Urban Law Journal
This Article addresses the biases confronting sexual minorities in the legal system. The author calls upon the legal community including bar associations, judicial councils and conferences, and law schools to recognize that bias against sexual minorities exists and they should devote sufficient resources to allow for comprehensive study of this problem and for the education of the bar and the public. Furthermore, the Article points out that this bias against sexual minorities among key players in the legal system may actually be a factor in the imposition of the death penalty. The author points out the inattention this bias against …
Serving Two Masters: Evaluating The Criminal Or Civil Nature Of The Vwpa And Mvra Through The Lens Of The Ex Post Facto Clause, The Abatement Doctrine, And The Sixth Amendment, Brian Kleinhaus
Fordham Law Review
No abstract provided.
Sexuality And Sovereignty: The Global Limits And Possibilities Of Lawrence Symposium: Legal Rights In Historical Perspective: From The Margins To The Mainstream, Sonia K. Katyal
Faculty Scholarship
In the summer of 2003, the Supreme Court handed gay and lesbian activists a stunning victory in the decision of Lawrence v. Texas, which summarily overruled Bowers v. Hardwick. At issue was whether Texas' prohibition of same-sex sexual conduct violated the Due Process Clause of the U.S. Constitution. In a powerful, poetic, and strident opinion, Justice Kennedy, writing for a six-member majority, reversed Bowers, observing that individual decisions regarding physical intimacy between consenting adults, either of the same or opposite sex, are constitutionally protected, and thus fall outside of the reach of state intervention. Volumes can be written about the …
Policing The Police: The Role Of The Courts And The Prosecution, Steven Zeidman
Policing The Police: The Role Of The Courts And The Prosecution, Steven Zeidman
Fordham Urban Law Journal
This Article focuses on how, and whether, the component parts of the courts - judges, court administrators, and prosecutors - promote justice by actively and critically monitoring or overseeing the police. The author focuses on one of the most common forms of police corruption facing the criminal justice system - what has been termed "falsifications" which includes testimonial perjury, documentary perjury and falsification of police records. The author reflects on what judges and prosecutors have done to combat this form of police corruption and offers ways in which the actors within the criminal justice system can be more effective.
The Geography Of Justice, Kal Raustiala
Theory Of Punitive Damages, Benjamin C. Zipursky
Theory Of Punitive Damages, Benjamin C. Zipursky
Faculty Scholarship
A contemporary theory of punitive damages must answer two questions: (1) what place, if any, do punitive damages have in the civil law of tort, given that they appear to involve an idea of criminal punishment? (2) why are punitive damages subject to special constitutional scrutiny, as in the Supreme Court's decision in BMW v. Gore, if they really are part of the civil law of tort? The article offers a theory that can answer both of these questions. Punitive damages have a double aspect, corresponding to two senses of "punitive." Insofar as they pertain to the state's goal of …
Constitutional Right Against Excessive Punishment, The, Youngjae Lee
Constitutional Right Against Excessive Punishment, The, Youngjae Lee
Faculty Scholarship
When is a death sentence, a sentence of imprisonment, or a fine so "excessive" or "disproportionate" in relation to the crime for which it is imposed that it violates the Eighth Amendment? Despite the urgings of various commentators and the Supreme Court's own repeated, albeit uncertain, gestures in the direction of proportionality regulation by the judiciary, the Court's answer to this question within the past few decades is a body of law that is messy and complex, yet largely meaningless as a constraint. In the core of this ineffectual and incoherent proportionality jurisprudence lies a conceptual confusion over the meaning …
Decline And Fall Of Legislative History - Patterns Of Supreme Court Reliance In The Burger And Rehnquist Eras, The, James J. Brudney, Corey Distlear
Decline And Fall Of Legislative History - Patterns Of Supreme Court Reliance In The Burger And Rehnquist Eras, The, James J. Brudney, Corey Distlear
Faculty Scholarship
Reliance on legislative history in the Court's majority opinions has fallen from nearly 50 percent during the Burger era to less than 30 percent since 1985.