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Articles 271 - 300 of 448
Full-Text Articles in Entire DC Network
Judiciary Ombudsman: Solving Problems In The Courts, Michele Bertran
Judiciary Ombudsman: Solving Problems In The Courts, Michele Bertran
Fordham Urban Law Journal
No abstract provided.
The Judicial Perspective, Jo Ann Ferdinand, William Schma, James Yates, Peggy Hora, John Martin
The Judicial Perspective, Jo Ann Ferdinand, William Schma, James Yates, Peggy Hora, John Martin
Fordham Urban Law Journal
No abstract provided.
Therapeutic Jurisprudence, Neo-Rehabilitationism, And Judicial Collectivism: The Least Dangerous Branch Becomes The Most Dangerous, Morris Hoffman
Therapeutic Jurisprudence, Neo-Rehabilitationism, And Judicial Collectivism: The Least Dangerous Branch Becomes The Most Dangerous, Morris Hoffman
Fordham Urban Law Journal
No abstract provided.
The Agony Of Ecstasy: Reconsidering The Punitive Approach To United States Drug Policy, Amanda Kay
The Agony Of Ecstasy: Reconsidering The Punitive Approach To United States Drug Policy, Amanda Kay
Fordham Urban Law Journal
No abstract provided.
What Works And What Does Not, Michael Rempel, Adele Harrell, Jeff Fagan, Barbara Babb
What Works And What Does Not, Michael Rempel, Adele Harrell, Jeff Fagan, Barbara Babb
Fordham Urban Law Journal
No abstract provided.
Catholic Social Teaching And American Legal Perspective, Avery Cardinal Dulles, S.J.
Catholic Social Teaching And American Legal Perspective, Avery Cardinal Dulles, S.J.
Fordham Urban Law Journal
This Essay examines possible applications of Catholic social teachings to the practice and teaching of law. The author lists five major topics within Catholic social teaching: human dignity, the common good, solidarity, subsidiarity, and care of the environment. He then lists ways in which these ideals may be realized through the practice of law, including education, litigation, counseling, judging, and legislation.
Do As I Say And Not As I Do: Dickerson, Constitutional Common Law And The Imperial Supreme Court, Kevin Mcnamee
Do As I Say And Not As I Do: Dickerson, Constitutional Common Law And The Imperial Supreme Court, Kevin Mcnamee
Fordham Urban Law Journal
This Comment examines the Supreme Court's Miranda jurisprudence through the lens of the "constitutional common law" theory, which suggests that the Supreme Court has crafted a large body of subconstitutional rules that are not compelled by the text of the Constitution but serve to protect values implicit in the text. As a result, such rules are subject to the limitations of modification and nullification by later courts. After presenting the characteristics of the constitutional common law theory and its relationship to federalism and separation of powers, the author suggests that the theory can explain the erosion of Miranda decision's brightline …
Mainstream Legal Responses To Domestic Violence Versus Real Needs Of Diverse Communities, Elizabeth Murno, Jessica F. Vasquez
Mainstream Legal Responses To Domestic Violence Versus Real Needs Of Diverse Communities, Elizabeth Murno, Jessica F. Vasquez
Fordham Urban Law Journal
Keynote speaker Marcia Ann Gillespie, editor-in-chief of Ms. Magazine, discussed the importance of getting to the root of what makes violence against women. She stressed the importance of looking at what makes men act violent, taking down barriers of reporting violence, and analyzing other contributing factors. Panelist Aurora Salamone from the New York City Department for the Aging then discussed domestic abuse against elders, stressing that domestic violence in the household does not all the sudden stop at a certain age. Panelist Kimberly A. Madden from from the Jewish Association for Services of the Aged discussed how violence against elders …
Sorting Out Federal And State Judicial Roles In State Insitutional Reform: Abstention's Potential Role, Charles R. Wise, Robert K. Christensen
Sorting Out Federal And State Judicial Roles In State Insitutional Reform: Abstention's Potential Role, Charles R. Wise, Robert K. Christensen
Fordham Urban Law Journal
The U.S. Supreme Court has given federal courts the authority to abstain from hearing certain cases and defer to state courts in some cases where constitutional or federal statutory rights have been violated. This piece attempts to clarify the abstention requirements and provide a clear rationale for the doctrine. Part I of this piece discusses the origin and development of the abstention doctrine, focusing specifically on the Burford abstention, a kind of abstention particularly salient to institutional reform cases. Part I also illustrates the inconsistencies inherent in the application of the abstention doctrine in its current form. Parts II and …
The Hyde Amendment And Prosecutorial Investigation: The Promise Of Protection For Criminal Defendants, Lynn R. Singband
The Hyde Amendment And Prosecutorial Investigation: The Promise Of Protection For Criminal Defendants, Lynn R. Singband
Fordham Urban Law Journal
This Comment first describes federal prosecutors' broad charging discretion and the resulting potential for abuse. It then discusses how current interpretations of the Hyde Amendment have failed to establish a standard of conduct for federal prosecutors different from that established by preexisting laws, internal regulations, and ethics rules. Finally, it argues that the Hyde Amendment offers the courts an important opportunity to issue opinions detailing how federal prosecutors should exercise their charging discretion. This Comment concludes that courts should take advantage of this opportunity to establish a more exact standard of conduct for prosecutors conducting investigations and thereby offer defendants …
Making Lawyers Good People: Possibility Or Pipedream?, Subha Dhanaraj
Making Lawyers Good People: Possibility Or Pipedream?, Subha Dhanaraj
Fordham Urban Law Journal
This Comment first outlines general conceptions of morality and moral development according to the widely accepted model promulgated by Professor Lawrence Kohlberg, and enunciates the importance of moral theory in the context of legal education. Next, it analyzes competing views of moral development and challenges some general concerns about the value of moral education in law schools. It then proposes the incorporation of moral teaching in the law school curriculum to remedy the disjunction between persona convictions and legal analysis stemming from the Langdellian method of legal training. Finally, it discusses the challenges to incorporating moral education into legal training. …
Lesbian, Gay, Bisexual, And Transgender Communities And Intimate Partner Violenec
Lesbian, Gay, Bisexual, And Transgender Communities And Intimate Partner Violenec
Fordham Urban Law Journal
Panelist Valerie B, a survivor of domestic abuse, discussed her experience in a abusive relationship with another woman. She discussed the trauma and how she slowly got out of the relationship. Panelist Lisi Lord, associate director of programs at My Sisters' Place, then gave an overview of the things she has learned working with victims of violence on the LGBT community. She discussed some of the barriers they face as a marginalized group and how their expression of sexuality and societal response to it makes their problems unique. Panelist Lt. Grace A. Telesco, chair of the Behavioral Science Department of …
Overcoming Barriers In Communities
Overcoming Barriers In Communities
Fordham Urban Law Journal
Panelist Evelyn Cardona, discussed the work of the Brooklyn Coalition Against Family Violence, where she is the director, her own experience as a battered woman, and how she overcame it. Panelist Nechama Wolfson, president of the Shalom Task Force, then talked about the work of Shalom Task Force, a grasroots group of Orthodox Jewish women was doing on the community. Panelist Angela Lee, associate director of the New York Asian Women's Center, discussed the work her organization does with Asian battered women. Panelist Mircia Sanchez discussed the Harlem Dowling West Side Center for Children and Family Services, where she is …
Examining The Lautenberg Amendment In The Civilian And Military Contexts: Congressional Overreaching, Statutory Vagueness, Ex Post Facto Violations, And Implementation Flaws, Jessica A. Golden
Fordham Urban Law Journal
The Lautenberg Amendment to the Gun Control Act of 1968 was passed in 1996 with the purpose of preventing gun-related domestic violence. The Lautenberg Amendment's passage raises unique commerce clause issues, and the amendment is possibly unconstitutional. Part I of the article examines the Commerce Clause (and Tenth Amendment) challenges to the Lautenberg Amendment. It provides the history of cases thus far failing to successfully challenge the constitutionality of the Lautenberg Amendment. It then discusses the Supreme Court's decision in Morrison v. Olson, that struck down the civil remedies provision of the Violence Against Women Act as a violation of …
Forgiveness And Public Trust, Linda Ross Meyer
Forgiveness And Public Trust, Linda Ross Meyer
Fordham Urban Law Journal
A discussion of forgiveness and its relation to the community as a whole. The author argues that forgiveness is not merely personal, emotional, nor private, but rather that forgiveness grounds the basic trust which binds the community together.
Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr.
Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr.
Fordham Urban Law Journal
This article discusses the role of forgiveness in the criminal justice system, and explores related concepts of empathy, restorative justice, and truth and reconciliation.
Forgiveness And Justice, Benjamin C. Zipursky
Forgiveness And Justice, Benjamin C. Zipursky
Fordham Urban Law Journal
A panel discussion of professors and audience members, discussing whether forgiveness has a place in the law and what that place is. Includes comments by panelists Benjamin C. Zipursky (moderator), Douglas B. Ammar, John Q. Barrett, Frederick W. Gay, David M. Lerman and Margaret Colgate Love, as well as comments and questions from audience members.
Forgiveness And The Law - A Redemptive Opportunity, Douglas B. Ammar
Forgiveness And The Law - A Redemptive Opportunity, Douglas B. Ammar
Fordham Urban Law Journal
A discussion of the role of forgiveness in criminal law. The author relates the approach of the Georgia Justice Project, a nonprofit organization whose mission is to provide justice to indigent criminal defendants and help them become productive citizens.
Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla
Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla
Fordham Urban Law Journal
This article is a response to Panel on Forgiveness in Criminal Law, and attempts to answer the following questions: Is there room for forgiveness in the criminal courts? If so, how does forgiveness manifest itself there? The article explores this issue in terms of the opportunities for forgiveness provided by "problem-solving" courts.
Forgiveness And Justice, Benjamin C. Zipursky
Forgiveness And Justice, Benjamin C. Zipursky
Fordham Urban Law Journal
A panel discussion of professors and audience members, discussing whether forgiveness has a place in the law and what that place is. Includes comments by panelists Benjamin C. Zipursky (moderator), Douglas B. Ammar, John Q. Barrett, Frederick W. Gay, David M. Lerman and Margaret Colgate Love, as well as comments and questions from audience members.
Forgiveness And The Law, Martha Minow
Forgiveness And The Law, Martha Minow
Fordham Urban Law Journal
A discussion of the role of forgiveness in the law, substituting forgiveness for the law, and whether or not the law can or should pursue higher moral ambitions
Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello
Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello
Fordham Urban Law Journal
This article discusses the role of forgiveness in criminal law, focusing specifically on the nature of forgiveness, how and when society should forgive wrongdoers, and the nature of punishment.
Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman
Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman
Fordham Urban Law Journal
This essay advocates the role of forgiveness within the criminal justice system, particularly from a prosecutor's perspective, and discusses common impediments to its increased presence and the leadership needed to allow it to develop within the system.
Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator)
Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator)
Fordham Urban Law Journal
A discussion of the role of forgiveness in criminal law, and the extent to which forgiveness should impact prosecutorial discretion. Includes a question and answer session with audience.
Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla
Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla
Fordham Urban Law Journal
This article is a response to Panel on Forgiveness in Criminal Law, and attempts to answer the following questions: Is there room for forgiveness in the criminal courts? If so, how does forgiveness manifest itself there? The article explores this issue in terms of the opportunities for forgiveness provided by "problem-solving" courts.
Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello
Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello
Fordham Urban Law Journal
This article discusses the role of forgiveness in criminal law, focusing specifically on the nature of forgiveness, how and when society should forgive wrongdoers, and the nature of punishment.
Restorative Justice And The Prosecutor, Frederick W. Gay
Restorative Justice And The Prosecutor, Frederick W. Gay
Fordham Urban Law Journal
A discussion of restorative justice and its relation to prosecutorial discretion. The article gives examples of the restorative alternatives to traditional criminal punishment and argues that such alternatives are an effective means of providing justice.
Weighing The Domestic Violence Factor In Custody Cases: Tipping The Scales In Favor Of Protecting Victims And Their Children, Kim Susser
Fordham Urban Law Journal
Many new laws and policies are emerging in the area of domestic violence. In 1994, the Legislature passed the Family Protection and Domestic Violence Intervention Act- a complete overhaul of laws dealing with domestic violence in both the civil and criminal arean. The Legislature declared that domestic violence is now a crime. It is unfortunate that batterers are not always consider criminals when they seek custody of their children. If convicted of a stranger crime, courts are known to accord weight to the batterer's criminal history. When the victim is the child's mother, it seems to be another story. All …
Understanding The Victim: A Guide To Aid In The Prosecution Of Domestic Violence, Jennice Vilhauer
Understanding The Victim: A Guide To Aid In The Prosecution Of Domestic Violence, Jennice Vilhauer
Fordham Urban Law Journal
As one of the most prevalent crimes in the country, domestic violence is one of the most frequently handled cases for prosecutors across the nation. Despite their commonality, however, domestic violence cases can raise the anxiety level of even the most experience prosecutors. There are several causes of such anxiety. First, domestic violence cases are often plagued by evidentiary problems that occur when a victim does not desire prosecution. Second, even in states where mandatory prosecution laws have been enacted, it can still be difficult to successfully prosecute a case when a victim is hostile, uncooperative and acting in direct …
The Criminalization Of Child Welfare In New York City: Sparing The Child Or Spoiling The Family?, Alison B. Vreeland
The Criminalization Of Child Welfare In New York City: Sparing The Child Or Spoiling The Family?, Alison B. Vreeland
Fordham Urban Law Journal
The trend in child welfare has been to err on the side of protection, often considered erring on the side of the child. While this approach may have been appropriate to overcome a long history of State abstinence from involvement in the family domain, it has been under-inclusive in protecting the child's fundamental right to a parent-child relationship. A delicate balance must be struck between family autonomy and State intervention. This balance is best achieved in the family court when the child's best interest is represented and the family is addressed as a whole. Under traditional criminal procedure, which focuses …