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Fordham Urban Law Journal

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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.


Tangled Up In Law: The Jurisprudence Of Bob Dylan, Michael L. Perlin Jan 2012

Tangled Up In Law: The Jurisprudence Of Bob Dylan, Michael L. Perlin

Fordham Urban Law Journal

In this Article, I will try to create a topography of Bob-as-jurisprudential scholar by looking at selected Dylan songs in these discrete areas of law (and law-and-society): civil rights; inequality of the criminal justice system; institutions; governmental/judicial corruption; equality and emancipation (political and economic); poverty, the environment, and inequality of the civil justice system; and the role of lawyers and the legal process.


Dylan And The Last Love Song Of The American Left, John M. Facciola Jan 2012

Dylan And The Last Love Song Of The American Left, John M. Facciola

Fordham Urban Law Journal

The reminiscences of an old man who had the joy of being a New York kid when an old American music form was transformed by the extraordinary efforts of a group of musicians who saw a new creative force that they thought could cause revolutionary social change. This article examines the impact of the friendship between Bob Dylan and Woody Guthrie on folk music and describes the political consciousness of the music.


Symposium: Bob Dylan And The Law Foreword, Samuel J. Levine Jan 2012

Symposium: Bob Dylan And The Law Foreword, Samuel J. Levine

Fordham Urban Law Journal

Taken together, the articles in this Symposium Issue provide a journey through both Bob Dylan’s career and the American legal landscape. Befitting a legal prophet, Dylan is often critical, skeptical, and cynical, at times uncompromising in his portrayal of the failures of American law and society. The presentations at the Dylan and the Law Symposium reflected, in part, the disappointment and frustration expressed in Dylan’s words and music. Yet, the speakers at the Symposium echoed another side of Bob Dylan’s work: a refusal to surrender or despair in the face of disheartening reality. Instead, drawing upon Dylan’s prophetic dreams and …


"No Older 'N Seventeen": Defending In Dylan Country, Abbe Smith Jan 2012

"No Older 'N Seventeen": Defending In Dylan Country, Abbe Smith

Fordham Urban Law Journal

This article is about an actual experience the author had defending a teenager accused of a serious crime where Bob Dylan grew up-- the Minnesota Iron Range. In order to protect the young man's privacy, it does not divulge the actual time period of the case. Likewise, details about his life and the charges he was facing have been changed. His name has been changed to Jamal. Things did not go well for Jamal. Though a child when he was sent from the juvenile jail outside of Washington, D.C. to a secure treatment facility for serious juvenile offenders in the …


Leveraging Bias In Forensic Science, Roger Koppl Jan 2012

Leveraging Bias In Forensic Science, Roger Koppl

Fordham Urban Law Journal

Dr. Simon Cole calls for a more hierarchical organization of forensic science in his challenging Article, Acculturating Forensic Science: What is ‘Scientific Culture’, and How can Forensic Science Adopt it? Koppl thinks Dr. Cole is right to say that there are different roles in forensic science, but somewhat mistaken in his call for hierarchy.


From Sounds Bites To Sound Policy: Reclaiming The High Ground In Criminal Justice Policy-Making, Anthony C. Thompson Jan 2011

From Sounds Bites To Sound Policy: Reclaiming The High Ground In Criminal Justice Policy-Making, Anthony C. Thompson

Fordham Urban Law Journal

In this article, the author contemplates the way the criminal justice system is portrayed in the media and suggests how the media's emphasis on "sound bites" - which makes it difficult to separate fact from hype - has had significant policy ramifications. The author makes a point of exploring the many ways that conceptions of crime are formed and influenced, as well as how the media has shaped legislation. In the author's opinion, in order to curb the excessive influence of most mainstream representations of the criminal justice system, there must be some mechanism for oversight of both the media …


Excluding Coerced Witness Testimony To Protect A Criminal Defendant's Right To Due Process Of Law And Adequately Deter Police Misconduct, Katherine Sheridan Jan 2011

Excluding Coerced Witness Testimony To Protect A Criminal Defendant's Right To Due Process Of Law And Adequately Deter Police Misconduct, Katherine Sheridan

Fordham Urban Law Journal

This Note argues that the Due Process Clause must protect criminal defendants from the admission of an involuntary statement made by a witness. Part I discusses the history of the use of involuntary statements, specifically the justifications for the exclusion of coerced confessions. Part II examines how various courts have addressed the issue and have come to different conclusions. Part III explains why involuntary witness statements should be excluded under the Due Process Clause in criminal trials.


Inherently Female Cases Of Child Abuse And Neglect: A Gender-Neutral Analysis, Suzanne D'Amico Jan 2011

Inherently Female Cases Of Child Abuse And Neglect: A Gender-Neutral Analysis, Suzanne D'Amico

Fordham Urban Law Journal

Tabitha Walrond was a young mother who was found guilty of criminally negligent homicide after her two-month-old son died from malnutrition. This Comment examines how the portrayal of Ms. Walrond by the defense and prosecution, and in the media reflects gender stereotypes in the criminal law and society. The Comment posits the notion that Ms. Walrond was portrayed as either a good or bad mother and once so labeled, the judge, jury and prosecution view her as such, while ignoring her specific situation. As a result, a defendant such as Ms. Walrond may be treated either too harshly or too …


Delegational Delusions: Why Judges Should Be Able To Delegate Reasonable Authority Over Stated Supervised Release Conditions, Eugenia Schraa Jan 2011

Delegational Delusions: Why Judges Should Be Able To Delegate Reasonable Authority Over Stated Supervised Release Conditions, Eugenia Schraa

Fordham Urban Law Journal

This Note examines the constitutionality of allowing a probation officer the discretion to either impose or forego particular conditions of a supervised release, depending on the officer's assessment of the defendant's needs. Two federal Circuits allow probation officers to have such discretion; the majority have held that such arrangements violate Article III of the Constitution, which makes imposing a sentence an exclusively judicial task. In this Note, the author investigates the history of delegation of judicial function to non Article-III officers and examines the split in federal courts over this particular issue, ultimately advocating for the adoption of the so-called …


When Is It Wrong To Trade Stocks On The Basis Of Non-Public Information?: Public Views Of The Morality Of Insider Trading, Stuart P. Green, Matthew B. Kugler Jan 2011

When Is It Wrong To Trade Stocks On The Basis Of Non-Public Information?: Public Views Of The Morality Of Insider Trading, Stuart P. Green, Matthew B. Kugler

Fordham Urban Law Journal

No abstract provided.


Access To Justice: Some Historical Comments, Lawrence M. Friedman Jan 2010

Access To Justice: Some Historical Comments, Lawrence M. Friedman

Fordham Urban Law Journal

This article sets out some preliminary thoughts on what "access to justice" might mean, and comment on how access to justice has fared historically.


The 'New' Exclusionary Rule Debate: From 'Still Preoccupied With 1985' To 'Virtual Deterrence', Donald A. Dripps Jan 2010

The 'New' Exclusionary Rule Debate: From 'Still Preoccupied With 1985' To 'Virtual Deterrence', Donald A. Dripps

Fordham Urban Law Journal

The justices of the Supreme Court have drawn new battle lines over the exclusionary rule. In Hudson v. Michigan, 547 U.S. 586 (2006), a five-justice majority, over a strong dissent, went out of the way to renew familiar criticisms of the rule. Just this January, in Herring v. United States, 129 S.Ct. 695 (2009), the justices again divided five to four. This time the dissenters raised the ante, by arguing that the Court's cost-benefit approach to applying the rule is misguided. For the first time since Justice Brennan left the Court, some of the justices appealed to broader justifications for …


The Rise And Fall Of Employer Sanctions, David Bacon, Bill O. Hing Jan 2010

The Rise And Fall Of Employer Sanctions, David Bacon, Bill O. Hing

Fordham Urban Law Journal

No abstract provided.


Decriminalizing Border Crossings, Victor C. Romero Jan 2010

Decriminalizing Border Crossings, Victor C. Romero

Fordham Urban Law Journal

No abstract provided.


Immigration Enforcement Versus Employment Law Enforcement: The Case For Integrated Protections In The Immigrant Workplace, Leticia M. Saucedo Jan 2010

Immigration Enforcement Versus Employment Law Enforcement: The Case For Integrated Protections In The Immigrant Workplace, Leticia M. Saucedo

Fordham Urban Law Journal

No abstract provided.


“Utterly Ineffective”: Do Courts Have A Role In Improving The Quality Of Forensic Expert Testimony?, Joseph Sanders Jan 2010

“Utterly Ineffective”: Do Courts Have A Role In Improving The Quality Of Forensic Expert Testimony?, Joseph Sanders

Fordham Urban Law Journal

In Part I, I review the NRC’s stated reasons for giving the courts little or no role in improving forensic evidence and argue that these reasons cannot explain the fact that the same courts have played a significant role in policing expertise in civil cases. Why then have courts been so reluctant to exclude forensic expert evidence? I explore this question in Part II. I argue that two deep seated factors: (1) the courts’ contextual approach to know-ledge, and (2) the limited ability of science to provide causal answers about the particular case, limit the courts’ willingness to raise admissibility …


Whose Fault?—Daubert, The Nas Report, And The Notion Of Error In Forensic Science, D. Michael Risinger Jan 2010

Whose Fault?—Daubert, The Nas Report, And The Notion Of Error In Forensic Science, D. Michael Risinger

Fordham Urban Law Journal

The notion of “error” and “error rates” is central both to the Daubert opinion and to the recent NAS Report on the strengths and weaknesses of forensic science in the United States. I will not be attempting a full-scale examination of the concept of error in this paper, however, I believe there are some observations that can be made that may be helpful in domesticating in helpful ways the notion of error as it might apply to forensic science expertise. I conclude that we should work to improve diagnosticity for old processes, or to invent or adopt new ones with …


Instrumentalizing Jurors: An Argument Against The Fourth Amendment Exclusionary Rule, Todd E. Pettys Jan 2010

Instrumentalizing Jurors: An Argument Against The Fourth Amendment Exclusionary Rule, Todd E. Pettys

Fordham Urban Law Journal

In this symposium contribution, I contend that the application of the Fourth Amendment exclusionary rule in cases tried by juries raises troubling moral issues that are not present when a judge adjudicates a case on his or her own. Specifically, I argue that the exclusionary rule infringes upon jurors’ deliberative autonomy by depriving them of available evidence that rationally bears upon their verdict and by instrumentalizing them in service to the Court’s deterrence objectives. After considering ways in which those moral problems could be at least partially mitigated, I contend that the best approach might be to abandon the exclusionary …


Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard A. Leo Jan 2010

Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard A. Leo

Fordham Urban Law Journal

The debate sparked by Herring v. United States is a microcosm of the quintessential debate about the scope of the Fourth Amendment’s exclusionary rule and ultimately the appropriate breadth of police authority and constitutional review by courts. Offering a new reading of the decision, this article argues that Herring reflects a healthy dosage of real politic and an acknowledgment that American policing is characterized by a fragmented, localized structure with little overview and control, and much reliance on local agencies. Part I presents the authors’ interpretation of Herring as a case hinging upon the question “who made the mistake?” as …


Databases, Doctrine, And Constitutional Criminal Procedure, Erin Murphy Jan 2010

Databases, Doctrine, And Constitutional Criminal Procedure, Erin Murphy

Fordham Urban Law Journal

Over the past twenty years there has been an explosion in the creation, availability, and use of criminal justice databases. Large scale database systems now routinely influence law enforcement decisions ranging from formal determinations to arrest or convict an individual to informal judgments to subject a person to secondary pre-flight screening or investigate possible gang membership. Evidence gathered from database-related sources is now commonly introduced, and can play a pivotal proof role, in criminal trials. Although much has been written about the failure of constitutional law to adequately respond to the threat to privacy rights posed by databases, less attention …


Welcome To Amerizona - Immigrants Out: Assessing Dystopian Dreams And Usable Futures Of Immigration Reform, And Considering Whether Immigration Regionalism Is An Idea Whose Time Has Come, Ketih Aoki, John Shuford Jan 2010

Welcome To Amerizona - Immigrants Out: Assessing Dystopian Dreams And Usable Futures Of Immigration Reform, And Considering Whether Immigration Regionalism Is An Idea Whose Time Has Come, Ketih Aoki, John Shuford

Fordham Urban Law Journal

No abstract provided.


Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller Jan 2010

Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller

Fordham Urban Law Journal

No abstract provided.


Forensic Science: Why No Research?, Paul C. Giannelli Jan 2010

Forensic Science: Why No Research?, Paul C. Giannelli

Fordham Urban Law Journal

The ground-breaking report on forensic science by the National Academy of Sciences—Strengthening Forensic Science in the United States: A Path Forward—raised numerous issues. One dominant theme that runs throughout the Report is the failure of some forensic science disciplines to comport with fundamental scientific principles—in particular, to support claims with empirical research. This essay attempts to answer the “why” question: Why was there a lack of research across so many forensic disciplines? For purposes of discussion, the time frame is divided into an early period and a recent period. The line of demarcation between the two eras is the advent …


The Nas Report: In Pursuit Of Justice, Geoffrey S. Mearns Jan 2010

The Nas Report: In Pursuit Of Justice, Geoffrey S. Mearns

Fordham Urban Law Journal

This article discusses the NSA report entitled “Strengthening Forensic Science in the United States: A Path Forward.” It argues that law enforcement officials should embrace the recommendations in the NAS report. The Committee identified many of the systemic problems that plague forensic science, and the report identified thirteen specific recommendations to address these systemic problems.


Out With The New, In With The Old: The Importance Of Section 504 Of The Rehabilitation Act To Prisoners With Disabilities, Betsy Ginsberg Jan 2009

Out With The New, In With The Old: The Importance Of Section 504 Of The Rehabilitation Act To Prisoners With Disabilities, Betsy Ginsberg

Fordham Urban Law Journal

People with disabilities are all too well represented in America’s prisons and are frequently not provided with the accommodations necessary to ensure their full participation in prison life. The Supreme Court’s 1997 pronouncement that Title II of the ADA applies to their claims of failure to accommodate and disability-based discrimination has been making its way through the prison grapevine (and hopefully the prison law libraries) over the last dozen years, inspiring prisoners, their advocates and the federal government to use this broad civil rights statute to enforce these rights. Their efforts have been thwarted to some extent by the states’ …


Discrimination, Coercion, And The Bail Reform Act Of 1984: The Loss Of The Core Constitutional Protections Of The Excessive Bail Clause, Samuel Wiseman Jan 2009

Discrimination, Coercion, And The Bail Reform Act Of 1984: The Loss Of The Core Constitutional Protections Of The Excessive Bail Clause, Samuel Wiseman

Fordham Urban Law Journal

This Article examines the history and judicial interpretation of the Eighth Amendment's Excessive Bail Clause, which reads "excessive bail shall not be required." Debate on this topic has centered around two questions: whether the Clause binds only the courts or Congress as well and whether it creates any substantive right to bail. Specifically, the Article discusses the Bail Reform Act of 1984, and the Supreme Court's subsequent interpretation of the Act in United States v. Salerno. The Salerno court suggested that the Excessive Bail Clause limits only the judiciary and found, at a maximum, only an extremely limited substantive right …


Leveraging Maximum Reform While Enforcing Minimum Standards, Alphonse Gerhardstein Jan 2009

Leveraging Maximum Reform While Enforcing Minimum Standards, Alphonse Gerhardstein

Fordham Urban Law Journal

This Article focuses on criminal justice reform in the context of litigation. Specifically, it offers solutions for how to promote effective policies to reduce recidivism and ultimately keep the public safe from crime. It takes the position that litigation that merely focuses on constitutional violations of prison confinement is not complete without a focus on programming and supervision options upon return to society. Part I of the Article reviews some of the problems facing efforts to improve recidivism rates, specifically litigation that solely focuses on prison conditions. Part II deals with programs that should be undertaken to reduce recidivism in …