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Fordham Law Review

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How The Decisions In Favor Of The Stein Thirteen Will Affect The Litigation Of Corporate Crime And Department Of Justice Policies And Expand The Sixth Amendment Right To Counsel, Christopher Mcnamara Jan 2009

How The Decisions In Favor Of The Stein Thirteen Will Affect The Litigation Of Corporate Crime And Department Of Justice Policies And Expand The Sixth Amendment Right To Counsel, Christopher Mcnamara

Fordham Law Review

The U.S. Court of Appeals for the Second Circuit became the first appellate court in nearly thirty years to uphold the dismissal of criminal indictments for a Sixth Amendment right-to-counsel vilation. United States v. Stein is a unique case that intertwines constitutional interpretation, constitutional remedies, white collar crime, and U.S. Department of Justice (DOJ) policy. The immediate effects of the Stein decisions not only reflect the changing attitudes at the DOJ on how to prosecute white collar crime but have simultaneously caused the Doj to implement such changes. As the Sixth Amendment has developed and augmented such changes, so has …


It's Been A Privilege: Advising Patients Of The Tarasoff Duty And Its Legal Consequences For The Federal Psychotherapist-Patient Privilege, Elisia Klinka Jan 2009

It's Been A Privilege: Advising Patients Of The Tarasoff Duty And Its Legal Consequences For The Federal Psychotherapist-Patient Privilege, Elisia Klinka

Fordham Law Review

State laws modeled on Tarasoff v. Regents of the University of California require psychotherapists to warn potential victims of law enforcement when treating dangerous patients who make serious threats of harm to another person. In practice, many psychotherapists advise their patients who make such threats about their duty under these Tarasoff-model laws. Although they are not required to make these advisories by law, psychotherapists generaly assume that they asldo have a concomitant ethical duty to advise their patients taht such threats will not be kept confidential, as their communications normally world be. This Note looks at how these advisories affect …


Defending Demaree: The Ex Post Facto Clause's Lack Of Control Over The Federal Sentencing Guidelines After Booker, Daniel M. Levy Jan 2009

Defending Demaree: The Ex Post Facto Clause's Lack Of Control Over The Federal Sentencing Guidelines After Booker, Daniel M. Levy

Fordham Law Review

In 2005, the U.S. Supreme Court held that the Federal Sentencing Guidelines violated a defendant’s Sixth Amendment right to a jury trial because they allowed a judge to depart from a mandatory range based on facts not presented to a jury. As a solution, the Court modified the Guidelines to be “advisory,” yet curiously held that sentences were still subject to appellate review for reasonableness. Given this tension, U.S. courts of appeals are split on whether the Guidelines are “laws,” subject to the Ex Post Facto Clause of the U.S. Constitution. This Note argues that the Guidelines are advisory, given …


Outsourcing Immigration Compliance, Eleanor Marie Lawrence Brown Jan 2009

Outsourcing Immigration Compliance, Eleanor Marie Lawrence Brown

Fordham Law Review

Immigration is a hot-button issue about which Americans have sent a clear message. They prefer not to admit more aliens until the government is able to screen credibly for entrants who will abide by the terms of admission and sanction those who do not. While immigration debates now focus almost entirely on undocumented workers, they have overshadowed another critical, yet poorly understood, challenge: designing institutions to screen properly for aliens who are visa-compliant and sanction noncompliant aliens. Because failed guest worker programs unquestionably increase the size of the undocumented population, this Article addresses the difficulty of institutional design by analyzing …


The Right Remedy For The Wrongly Convicted: Judicial Sanction For Destruction Of Dna Evidence, Cynthia E. Jones Jan 2009

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” …


The Emerging First Amendment Law Of Managerial Prerogative, Lawrence Rosenthal Jan 2008

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 Jan 2008

Does Medellin Matter?, Janet Koven Levit

Fordham Law Review

No abstract provided.


Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger A. Fairfax, Jr. Jan 2008

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 Jan 2008

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 …


Structural Dimensions Of Romantic Preferences, Russell K. Robinson Jan 2008

Structural Dimensions Of Romantic Preferences, Russell K. Robinson

Fordham Law Review

No abstract provided.


American Ideals & Human Rights: Findings From New Public Opinion Research By The Opportunity Agenda, Alan Jenkins, Kevin Shawn Hsu Jan 2008

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 Jan 2008

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 Jan 2008

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

Fordham Law Review

No abstract provided.


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 Jan 2007

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 Jan 2007

Special Issues Raised By Rape Trial, Aviva Orenstein

Fordham Law Review

No abstract provided.


The Emotional Juror., Todd E. Pettys Jan 2007

The Emotional Juror., Todd E. Pettys

Fordham Law Review

No abstract provided.


Expert Witness Ethics, Joseph Sanders Jan 2007

Expert Witness Ethics, Joseph Sanders

Fordham Law Review

No abstract provided.


Evidence And Ethics: Litigating In The Shadows Of The Rules, Joseph A. Colquitt Jan 2007

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 Jan 2007

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 Jan 2007

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

Fordham Law Review

No abstract provided.


The Meaning Of American Citizenship In A Post-9/11 World, Peter H. Schuck Jan 2007

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

Fordham Law Review

No abstract provided.


Rebuilding The Safety Mechanism: Does 18 U.S.C. § 3553(E) Violate The Separation Of Powers, Michael Buescher Jan 2007

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 …


Federal Evidence Rule 608(B): Gateway To The Minefield Of Witness Preparation, Gerald L. Shargel Jan 2007

Federal Evidence Rule 608(B): Gateway To The Minefield Of Witness Preparation, Gerald L. Shargel

Fordham Law Review

No abstract provided.


Prosecutors, Ethics, And Expert Witnesses, Paul C. Giannelli, Kevin C. Mcmunigal Jan 2007

Prosecutors, Ethics, And Expert Witnesses, Paul C. Giannelli, Kevin C. Mcmunigal

Fordham Law Review

No abstract provided.


The Criminalization Of Treating End Of Life Patients With Risky Pain Medication And The Role Of The Extreme Emergency Situation, Gina Castellano Jan 2007

The Criminalization Of Treating End Of Life Patients With Risky Pain Medication And The Role Of The Extreme Emergency Situation, Gina Castellano

Fordham Law Review

This Note examines the legality of physicians treating patients near the end of life with risky pain medication, specifically during an extreme emergency situation. The issues discussed include whether such treatment should be criminalized and, if criminalized, what standard should be used to determine culpability. This Note proposes that physicians should not be shielded from the criminal justice system, but that the standard of double effect intent should be expressly adopted in the adjudication of such cases.


The Perplexing Problem Of Client Perjury, L. Timothy Perrin Jan 2007

The Perplexing Problem Of Client Perjury, L. Timothy Perrin

Fordham Law Review

No abstract provided.


The Paradoxical Structure Of Constitutional Litigation, Pamela S. Karlan Jan 2007

The Paradoxical Structure Of Constitutional Litigation, Pamela S. Karlan

Fordham Law Review

No abstract provided.


Valuing Autonomy, Youngjae Lee Jan 2007

Valuing Autonomy, Youngjae Lee

Fordham Law Review

No abstract provided.


See No Evil: Wrongful Convictions And The Prosecutorial Ethics Of Offering Testimony By Jailhouse Informants And Dishonest Experts, Myrna S. Raeder Jan 2007

See No Evil: Wrongful Convictions And The Prosecutorial Ethics Of Offering Testimony By Jailhouse Informants And Dishonest Experts, Myrna S. Raeder

Fordham Law Review

No abstract provided.


The Use And Misuse Of High-Tech Evidence By Prosecutors: Ethical And Evidentiary Issues, Robert Aronson, Jacqueline Mcmurtrie Jan 2007

The Use And Misuse Of High-Tech Evidence By Prosecutors: Ethical And Evidentiary Issues, Robert Aronson, Jacqueline Mcmurtrie

Fordham Law Review

No abstract provided.