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Articles 301 - 330 of 448
Full-Text Articles in Entire DC Network
Thinking About Drug Law Reform: Some Political Dynamics Of Medicalization, Fredrick Polak
Thinking About Drug Law Reform: Some Political Dynamics Of Medicalization, Fredrick Polak
Fordham Urban Law Journal
The article begins by stating that many people believe that medicalization offers the most reasonable approach to drug policy because it offers a dignified approach to treatment of addicts. However, it risks being a form of repression itself because it may define abstinence as the only acceptable treatment outcome. The article then explores the position of the medical profession in drug policy. It then looks at the negative political and social aspects and consequences of an abstinence-directed medicalization policy. The article concludes by stating that if abstinence is always the treatment goal then medicalization will be even less voluntary and …
Charging Battered Mothers With "Failure To Protect": Still Blaming The Victim
Charging Battered Mothers With "Failure To Protect": Still Blaming The Victim
Fordham Urban Law Journal
Domestic violence harms children and families. In the past several years, efforts to recognize this harm have led to the passage of new state laws that allow for concurrent criminal and family court jurisdiction in domestic violence cases, mandate arrest in domestic violence situations and require courts to consider domestic violence as a factor in custody decisions. Unfortunately, the heightened awareness of the harm domestic violence causes children has also resulted in a punitive policy towards battered women in the child welfare system. Increasingly in New York City, abuse and neglect proceedings are brought against battered mothers. Their children are …
Stopping New Yorkers' Stalkers: An Anti-Stalking Law For The Millennium, Demetra M. Pappas
Stopping New Yorkers' Stalkers: An Anti-Stalking Law For The Millennium, Demetra M. Pappas
Fordham Urban Law Journal
This essay concerns itself with some of the legislative responses to stalking in New York and examines some of the specific anti-stalking provisions of the Clinic Access and Anti-Stalking Act of 1999, recently signed by New York Governor George Pataki. The author interviews Senator Michael A.L. Balboni, Assemblyman Scott Stringer, and the Assemblyman's former Legislative Director Rob Hack, who were all heavily involved in getting the legislation passed, offering a unique perspective.
Gender Difference In Perceiving Violence And Its Implication For The Vawa's Civil Rights Remedy, Renee L. Jarusinsky
Gender Difference In Perceiving Violence And Its Implication For The Vawa's Civil Rights Remedy, Renee L. Jarusinsky
Fordham Urban Law Journal
The enactment of the Violence Against Women Act (VAWA) of 1994 was viewed as "a potential vehicle of empowerment" for women, and was a long-awaited morve toward gender equality in the United States. By enacting the VAWA, Congress emphatically expressed a strong commitment to curb and attack the pervasiveness of sex-based violence. In practice, however, the civil rights remdy has fallen short. In the few VAWA cases brought under the civil rights remedy, the "crime of violence" requirement has been interpreted in such a narrow way that it strips the remedy of any effect. While there is confusion as to …
Forgiveness, Reconciliation And Responding To Evil: A Philosophical Overview, Jeffrie G. Murphy
Forgiveness, Reconciliation And Responding To Evil: A Philosophical Overview, Jeffrie G. Murphy
Fordham Urban Law Journal
A discussion of the nature of forgiveness and its place in the law. This keynote address touches on the nature of forgiveness, dangers of hasty forgiveness, forgiveness as a virtue, forgiveness and Christianity
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.
Welcoming Remarks, John Ferrick
Welcoming Remarks, John Ferrick
Fordham Urban Law Journal
Opening remarks of Dean John Ferrick at the Ninth Annual Stein Center Symposium on the Role of Forgiveness in the Law.
Forgiveness In The Civil Law, Jacqueline Nolan-Haley
Forgiveness In The Civil Law, Jacqueline Nolan-Haley
Fordham Urban Law Journal
A discussion of the role of forgiveness in civil law, specifically relating to bankruptcy. Includes an audience question-and-answer session.
Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)
Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)
Fordham Urban Law Journal
A discussion of the role of forgiveness in international amnesty. Includes an audience question-and-answer session.
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Fordham Urban Law Journal
A discussion of the President's ability to grant Federal Pardons, and the moral and political factors which influence the exercise of that power. The article proposes that the President has a duty to pardon, not so much as to do justice in particular cases, but to be merciful as a more general obligation of office.
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 In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle
Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle
Fordham Urban Law Journal
This article discusses the psychological meaning of forgiveness and its relation to the criminal justice system. Includes a discussion of the four phases of the development progression of forgiveness.
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.
Forgiveness, Reconciliation And Responding To Evil: A Philosophical Overview, Jeffrie G. Murphy
Forgiveness, Reconciliation And Responding To Evil: A Philosophical Overview, Jeffrie G. Murphy
Fordham Urban Law Journal
A discussion of the nature of forgiveness and its place in the law. This keynote address touches on the nature of forgiveness, dangers of hasty forgiveness, forgiveness as a virtue, forgiveness and Christianity
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
Welcoming Remarks, John Ferrick
Welcoming Remarks, John Ferrick
Fordham Urban Law Journal
Opening remarks of Dean John Ferrick at the Ninth Annual Stein Center Symposium on the Role of Forgiveness in the Law.
Forgiveness In The Civil Law, Jacqueline Nolan-Haley
Forgiveness In The Civil Law, Jacqueline Nolan-Haley
Fordham Urban Law Journal
A discussion of the role of forgiveness in civil law, specifically relating to bankruptcy. Includes an audience question-and-answer session.
Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)
Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)
Fordham Urban Law Journal
A discussion of the role of forgiveness in international amnesty. Includes an audience question-and-answer session.
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Fordham Urban Law Journal
A discussion of the President's ability to grant Federal Pardons, and the moral and political factors which influence the exercise of that power. The article proposes that the President has a duty to pardon, not so much as to do justice in particular cases, but to be merciful as a more general obligation of office.
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.
Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle
Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle
Fordham Urban Law Journal
This article discusses the psychological meaning of forgiveness and its relation to the criminal justice system. Includes a discussion of the four phases of the development progression of forgiveness.
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.
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.
Drug Policy Alternatives- A Response From The Bench, John Curtin
Drug Policy Alternatives- A Response From The Bench, John Curtin
Fordham Urban Law Journal
The article begins by discussing the tremendous financial and social cost incurred by drug use and regulation. It then discusses some positive efforts to deal with the problem such as legalization and decriminalization. The article then states that it will take time to figure out the extent of legalization needed, and until that is figured out we need to focus efforts on harm reduction. The article then addresses whether the constitution bans drugs at all. Finally, the article concludes by stating that we can never hope to fully eliminate drug use, we can only hope to contain it, and gives …
Institutionalizing Innovation: The New York Drug Court Story, John Feinblatt, Greg Berman, Aubrey Foxx
Institutionalizing Innovation: The New York Drug Court Story, John Feinblatt, Greg Berman, Aubrey Foxx
Fordham Urban Law Journal
The article begins by discussing the problems that drug use is causing in the American Criminal Justice System. The article then discusses the use of "drug courts," which have proven effective in reducing drug use and recidivism. It then looks at the potential benefit of drug courts to the criminal justice system and states some of the questions pertaining to drug courts, such as limits and the requirement of specialized judges. The article concludes by looking at what critics have said about the use of drug courts, and by stating that the drug court idea is worth trying.
Our Drug Laws Have Failed - So Where Is The Desperately Needed Meaningful Reform?, David C. Leven
Our Drug Laws Have Failed - So Where Is The Desperately Needed Meaningful Reform?, David C. Leven
Fordham Urban Law Journal
The article begins by stating that the harsh drug laws of New York have failed to have an effect on the amount of drug dealers and instead have led to overcrowding of prisons with non-addict drug users. It states that the laws must be modified to give greater sentencing to judges, increasing diversion of non-violent offenders to rehabilitation. The article then delineates the problems resulting from current drug law and the criticism thereof. It then states the attempted reforms of drug laws that have been insufficient. The article concludes by suggesting proposals to solve the problems delineated, including proportionate sentences, …
Is Our Drug Policy Effective, Jefferson M. Fish
Is Our Drug Policy Effective, Jefferson M. Fish
Fordham Urban Law Journal
The article begins by stating that the time has come for a reexamination of our drug policy. It continues by discussing the two day conference "Is Our Drug Policy Effective?" "Are There Alternatives?" organized by several committee's. Because of space constraints, the article mainly delves into two topics, certain substances both licit and illicit with regard to both their physiological effects and the policies governing them, and also the disproportionate emphasis placed by the war on drugs on combating marijuana. The article then gives summaries of the speakers at the conference. These include: Objectives of our drug policy, overviews of …
The New Policing, Philip B. Heymann
The New Policing, Philip B. Heymann
Fordham Urban Law Journal
This article explores new forms of policing in New York, Chicago, and Boston. These cities developed new policing strategies that each involves a different combination of problem solving and new forms of "community policing". The article explores whether these developments resulted in crime reduction and changes in belief in the efficacy of policing. The article concludes by considering the costs of the resulting increased security - reduction in democratic control of policing and increased risk to civil liberties.
Street Stops And Broken Windows: Terry, Race, And Disorder In New York City, Jeffrey Fagan, Garth Davies
Street Stops And Broken Windows: Terry, Race, And Disorder In New York City, Jeffrey Fagan, Garth Davies
Fordham Urban Law Journal
This article explores patterns of police "stop and frisk" activity across New York City neighborhoods. While “Broken Windows” theory may account for higher stop and frisk activity for “quality of life” crimes, the authors suggest neighborhood characteristics like racial composition, poverty levels, and extent of social disorganization are strong predictors of race- and crime-specific stops. The authors consider whether street-stops in various neighborhoods comply with the Terry standard of reasonable suspicion as insight into the social and strategic meaning of policing. Their empirical evidence suggests policing focuses on policing poor people in poor places. Their strategy departs from "Broken Windows" …
Why Did People Stop Committing Crimes? An Essay About Criminology And Ideology, George L. Kelling
Why Did People Stop Committing Crimes? An Essay About Criminology And Ideology, George L. Kelling
Fordham Urban Law Journal
This essay considers the sharp decline in crime that was observed in 1994 in New York City and across the nation. The author suggests that crime reduction in various areas must be understood in a local context. This article discusses the steps New York City took prior to the observed crime reduction. The essay then discusses how urban renewal projects, weakening institutional control of youth behavior, and highly centralized facilities and strategies of law enforcement may have contributed to the violence of the 1980's. The author concludes that bad social policies contributed to elevated the crime rate and improvement of …