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Fordham Urban Law Journal

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The Urban Crisis And The Federal Government's Retreat: Catalyzing Public Policy Choices To Save Our Cities, David R. Jones Jan 1992

The Urban Crisis And The Federal Government's Retreat: Catalyzing Public Policy Choices To Save Our Cities, David R. Jones

Fordham Urban Law Journal

Sections of our cities have been abandoned to a host of poverty-related social ills whose causes have as much to do with the state of the national and regional economies, structural changes in the job market, and political decision-making as they have to do with individual life-histories and personal misfortune. Bleak outcomes are not inevitable and can be reversed by understanding why faulty policy options were adopted and what it will take to formulate new policies. This essay argues for the need of proactive solutions like in combating our urban povery problem by using, (1) a "Marshall Plan" for cities, …

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A Case Study In Fiscal Federalism: New York City And New York State, Carol O'Cleireacain Jan 1992

A Case Study In Fiscal Federalism: New York City And New York State, Carol O'Cleireacain

Fordham Urban Law Journal

This essay argues that under the current system of American state and local government funding schemes, there is a permanent imbalance between revenues and expenditures as a result of strain placed on local governments by other levels of government which can only be fixed with actions take by these other levels of government. This essay examines the current structure of American "Fiscal Federalism", the recent experience of America's cities with Fiscal Federalism (particularly New York), changing relationship between city and state government, and Governor Mario Cuomo's proposal for a phased-in takeover of Medicaid spending. The author concludes that the Governor's …

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Dispelling The Myths About The "Battered Woman's Defense:" Towards A New Understanding, Michael Dowd Jan 1992

Dispelling The Myths About The "Battered Woman's Defense:" Towards A New Understanding, Michael Dowd

Fordham Urban Law Journal

This essay explores the growth of the use of self-defense by battered women from a historical perspective in order to explain the magnitude of the prejudices these defendants face. The essay suggests that a redefinition of Battered Woman's Syndrome will ease much of the criticism from feminists and eliminate the confusion in the legal profession surrounding the use of self-defense by battered women. The essay also pushes for a redefinition of the concept of "imminence" to encompass the realities of a battered woman's life.

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Bias Crime: A Call For Alternative Responses, Abraham Abramovsky Jan 1992

Bias Crime: A Call For Alternative Responses, Abraham Abramovsky

Fordham Urban Law Journal

The argument for enacting laws to punish and deter bias crime does not always benefit from clear and unambiguous examples of bias driven murder. A frustrating factor in some of the widely publicized reports of bias-related assault is the element of ambiguity: where a member of one race or religion injures a member of another race or religion, even perhaps articulating the difference between attacker and victim by means of an expletive or other statement, the question inevitably arises whether the attack was the product of bias alone, or did other factors, such as an intent to rob or rape, …

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The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris Jan 1992

The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris

Fordham Urban Law Journal

After Fordham University moved the School of Law to the cultural hub at Lincoln Center, the problems associated with our urban areas began to accelerate. It became apparent that a closer focus had to be directed specifically at the urban problems of the nation, with particular emphasis on the affairs of its then largest city and state - New York. Thus, the Fordham Urban Law Journal (ULJ or Journal) published its first issue in 1972, exactly 20 years ago. This article commemorates the 20th anniversary of the Urban Law Journal, reflecting on the Journal's most notable accomplishments and tracing its …

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Felony Murder And Child Abuse: A Proposal For The New York Legislature, Barry Bendetowies Jan 1991

Felony Murder And Child Abuse: A Proposal For The New York Legislature, Barry Bendetowies

Fordham Urban Law Journal

"Lisa Steinberg's head was hit so hard her injuries matched those of a person who had fallen out of a three-story window. Over the course of three months, investigators believed that Jessica Cortez was beaten numerous times with fists, a ruler, and a belt by her mother's companion who, in addition, sexually abused her. Lisa and Jessica are only two of the many New York City children who have died as a result of child abuse in recent years; at least 126 other children died at the hands of abusive adults in 1988 alone. This alarming and ever increasing statistic …

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Prosecutorial Ethics: The Case For The Per Se Rule, Kara S. Donahue Jan 1991

Prosecutorial Ethics: The Case For The Per Se Rule, Kara S. Donahue

Fordham Urban Law Journal

“The integrity of the legal system is essential to public confidence in government. Without public confidence, the rule of law loses its meaning. The prosecutor is often the most visible participant in the criminal justice system, and thus, even the appearance of impropriety in the prosecutor's behavior erodes the public trust. He has a duty to seek justice and truth, not only to convict. This duty creates a dual role for the prosecutor: he is both an advocate seeking to obtain convictions and a minister of justice attempting to discover the truth. The public expects him to fulfill these functions …

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Law School's Pro Bono Role: A Duty To Require Student Public Service, Frederick J. Martin Iii Jan 1989

Law School's Pro Bono Role: A Duty To Require Student Public Service, Frederick J. Martin Iii

Fordham Urban Law Journal

The immense legal needs of the indigent are not being met. Pro bono work is the responsibility of every lawyer, but most lawyers do not do any pro bono work. The author argues that law schools have a responsibility not only to nurture student interest in pro bono work but also to develop students’ abilities to provide legal services to the indigent. The author proposes that law schools require students to participate in programs that provide legal services to the poor, either through a private organization or through a clinical program. The author contends that the latter method would be …

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Blaming The Victim: The Admissibility Of Sexual History In Homicides, Joan L. Brown Jan 1988

Blaming The Victim: The Admissibility Of Sexual History In Homicides, Joan L. Brown

Fordham Urban Law Journal

This Note analyzes whether legislation analogous to rape-shield statutes should be enacted to limit testimony concerning the prior sexual history of a murder victim. The Note discusses the historical development of rape-shield statutes and the policies underlying their enactment, examines the constitutional of rape-shield statutes, and discusses the rationale behind state court decisions upholding the constitutionality of rape-shield statutes. The Note then considers whether existing law concerning the right of privacy and testimonial privileges may be construed to enable the family members of a murder victim to prevent the exposure of a deceased victim's sexual past. Based upon this analysis, …

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The Unanimous Acquittal Instruction: A Rational Approach To Instructing Jurors On Lesser Included Offenses, David Y. Atlas Jan 1988

The Unanimous Acquittal Instruction: A Rational Approach To Instructing Jurors On Lesser Included Offenses, David Y. Atlas

Fordham Urban Law Journal

This Note proposes that all courts embrace the unanimous acquittal instruction because it encourages the jury to engage in an effective and conscientious deliberative process. The disagreement instruction not only fosters imprudent decision making, but also invites the jury to abuse its power to render a compromise verdict and thus is a wholly inappropriate method for instructing jurors on their consideration of lesser included offenses. Part II of this Note explores the background of the lesser offense doctrine, the elements of each instruction and the rationale behind recent judicial precedent in this area. Part III sets forth empirical research on …

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Protecting The Parental Rights Of Incarcerated Mothers Whose Children Are In Foster Care: Proposed Changes To New York's Terminaton Of Parental Rights Law, Philip M. Genty Jan 1988

Protecting The Parental Rights Of Incarcerated Mothers Whose Children Are In Foster Care: Proposed Changes To New York's Terminaton Of Parental Rights Law, Philip M. Genty

Fordham Urban Law Journal

This Article examines the parental rights of incarcerated mothers under New York's foster care and termination of parental rights laws. It describes the foster care system in New York, the grounds for a termination of parental rights proceeding, and the problems that persist despite New York's legislative reforms. After examining these problems, the author proposes several legislative solutions, which include: (1) improving incarcerated parents' access to court proceedings; and (2) requiring social services agencies and prison officials to provide the services necessary to maintain and strengthen the parents' parental relationships. This Article concludes that, while New York has enacted legislation …

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Felony Murder And The Misdemeanor Of Attempted Escape: A Legislative Error In Search Of Correction, Peter J. Mcquillan Jan 1987

Felony Murder And The Misdemeanor Of Attempted Escape: A Legislative Error In Search Of Correction, Peter J. Mcquillan

Fordham Urban Law Journal

This article argues that a legislative reconsideration of the New York felony murder doctrine is timely and essential. The author traces the origins of New York's felony murder statute and recent efforts to limit its scope. The author argues that the felony murder doctrine contravenes the modern philosophy of adjudication based on subjective factors such as mens rea, eroding the link between criminal liability and moral culpability.

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Report Of The New York Task Force On Women In The Courts Jan 1987

Report Of The New York Task Force On Women In The Courts

Fordham Urban Law Journal

Charged by the New York State Unified Court System with the responsibilities of reviewing and reporting on gender biases existing throughout the New York legal industry, the New York Task Force on Women, comprised of judges, leading practitioners, and academic scholars, set forth a plethora of evidence revealing the depth of gender biases in the New York legal industry. Concluding that gender bias is rampant and pervasive both in the court system and in the private legal industry, the Report reasons that the quickest and most effective way by which reform can be achieved is through the enlistment of the …

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Protecting Battered Women: A Proposal For Comprehensive Domestic Violence Legislation In New York, Lisa R. Beck Jan 1987

Protecting Battered Women: A Proposal For Comprehensive Domestic Violence Legislation In New York, Lisa R. Beck

Fordham Urban Law Journal

This note proposes that New York implement a mandatory arrest policy for certain types of domestic violence. The author first examines New York's current methods of addressing domestic violence, including previous attempts at decriminalization, judicial remedies, and the effectiveness of orders of protection. The author then describes the issues of the current discretionary arrest policy. The note examines domestic violence legislation in other states, then proposes a comprehensive statutory scheme to address domestic violence in New York state.

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The Inadequate Police Protection Of Battered Wives: Can A City And Its Police Be Held Liable Under The Equal Protection Clause?, Jeffrey A. Shapiro Jan 1986

The Inadequate Police Protection Of Battered Wives: Can A City And Its Police Be Held Liable Under The Equal Protection Clause?, Jeffrey A. Shapiro

Fordham Urban Law Journal

The police strive to settle the vast majority of wife battering cases without arrest or through mediation, often leading to terrible results for the abused wife. This Note supports holding a city and its police liable under the equal protection clause for the inadequate police protection of battered wives. The Note finds the best legal strategy under the equal protection clause would involve showing impermissible gender-based discrimination.

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A Case For Increased Disclosure, Deborah Abramovsky Jan 1985

A Case For Increased Disclosure, Deborah Abramovsky

Fordham Urban Law Journal

The confidentiality rule is important but not absolute. An attorney must weigh his obligations to his client against his obligations to the profession and to the community as a whole. Reasonable certainty of the existence of potential danger should create a duty to reveal client secrets, and thus, when an attorney learns of an imminent threat of death or serious bodily harm to a third party from his client, disclosure should be mandatory. This type of limited exception would not interfere with the client's constitutional rights or with the orderly administration of justice. The policy behind such an exception, i.e. …

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The Confidentiality Rule: A Philosophical Perspective With Reference To Jewish Law And Ethics, Gordon Tucker Jan 1985

The Confidentiality Rule: A Philosophical Perspective With Reference To Jewish Law And Ethics, Gordon Tucker

Fordham Urban Law Journal

Analyzing Rule 1.6 of the Model Rules from a Jewish perspective can help solve some of the conflicts, which have arisen around this particular rule of professional responsibility. In sum, when a lawyer is faced with a potential crime that will likely seriously injury life, limb, or property, an attorney should disclose the information, which he believes will prevent this crime from occurring. While some sources of the confidentiality rule stem from the American legal system, others stem from more general ethical principles. Three such sources of the rule are: the attorney-client contract, the constitutional guarantees stemming from the Fifth …

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Death After Life: The Future Of New York's Mandatory Death Penalty For Murders Committed By Life-Term Prisoners, Andrea Galbo Jan 1985

Death After Life: The Future Of New York's Mandatory Death Penalty For Murders Committed By Life-Term Prisoners, Andrea Galbo

Fordham Urban Law Journal

This Note analyzes the relevant Supreme Court death penalty decisions from 1972 to 1985 in order to compare New York's mandatory death statute for life-term prisoners who murder with other state death penalty statutes that have been reviewed by the Supreme Court. After considering both the legal and nonlegal arguments, this Note concludes that there can not and should not be a mandatory death penalty for life-term prisoners who murder in New York. This Note recommends that the New York legislature draft a discretionary death penalty statute for life-term prisoners who murder. A discretionary death penalty statute, which provides for …

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Electronic Publishing: First Amendment Issues In The Twenty-First Century, Lynn Becker Jan 1985

Electronic Publishing: First Amendment Issues In The Twenty-First Century, Lynn Becker

Fordham Urban Law Journal

In six sections, the author explores regulation of the then-emerging field of tele-communications, including electronic publishing, e-mail, electronic bulletin boards, teletype, and digital banking. Focusing on how the First Amendment applies to claims of defamation and obscenity made in an electronic format, the author proposes a unified regulatory scheme based on existing communications regulation law that will unify telecommunications policy countrywide. The first two sections are devoted to explanation of the then-novel forms of electronic communication and giving the history of the FCC and communications and data regulation in the US. The author describes the distinction between press regulation, broadcast …

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New York's System Of Indeterminate Sentencing And Parole: Should It Be Abolished?, Jeanine M. Schupbach Jan 1985

New York's System Of Indeterminate Sentencing And Parole: Should It Be Abolished?, Jeanine M. Schupbach

Fordham Urban Law Journal

New York State's indeterminate sentencing and parole system of 1985 resulted in sentence disparity, uncertain and prolonged prison terms and prisoner unrest rather than in peaceful prison rehabilitation. The length of imprisonment and time of release under an indeterminate sentencing system are dependent upon the prisoner's need for and responsiveness to correctional treatment programs. In response to the problems of indeterminate sentencing, the federal government and several state legislatures abandoned or modified indeterminacy and have adopted a variety of fixed sentencing plans. This Note describes the history and development of the indeterminate sentencing and parole system. It exposes the flaws …

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Computer Abuse: The Emerging Crime And The Need For Legislation, Elizabeth A. Glynn Jan 1984

Computer Abuse: The Emerging Crime And The Need For Legislation, Elizabeth A. Glynn

Fordham Urban Law Journal

Advancements in computerization and the growing use of computers in business, government, education, and the private sector has resulted in the expanding potential for criminal infiltration. The problems of computer crime are in great part attributable to the shortcomings of our criminal laws, which were written long before there was knowledge of computer crimes. Moreover, there is a reluctance of our legal establishments to adapt to the new technology's potential harm. This Note urges that new federal legislation be passed as a means to counteract future computer crimes.

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Juvenile Detention Hearings: A Proposed Model Provision To Limit Discretion During The Preadjudicatory Stage, Carol Bombardi, Carol Bombardi, Carol Bombardi, Carol Bombardi Jan 1984

Juvenile Detention Hearings: A Proposed Model Provision To Limit Discretion During The Preadjudicatory Stage, Carol Bombardi, Carol Bombardi, Carol Bombardi, Carol Bombardi

Fordham Urban Law Journal

This Note addresses constitutional issues relevant to pretrial detention and identifies problematic aspects in the existing juvenile justice system. It examines state and model provisions regarding the detention of youths prior to trial and concentrates on the inclusion of the detention hearing as an element of detention schemes. This Note proposes a model state provision that utilizes the detention hearing to protect the preadjudicatory rights of juveniles and to reduce the risk that detention will be unnecessarily ordered.

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Nonemergency Municipal Curfew Ordinances And The Liberty Interests Of Minors, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill Jan 1984

Nonemergency Municipal Curfew Ordinances And The Liberty Interests Of Minors, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill

Fordham Urban Law Journal

Most crimes committed in the United States occur in cities, and a large proportion of these crimes are committed by juveniles under the age of eighteen. Although the total number of reported Crime Index offenses decreased slightly in 1982, surveys of popular attitudes toward crime show an increased fear of crime, especially among persons living in urban areas. One way states have addressed this challenge is by enacting nonemergency juvenile curfew amendments. This Note examines these amendments recently enacted in Trenton and Newark, New Jersey, and the Detroit, Michigan, ordinance which has recently been strictly enforced as part of a …

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The Federal Judiciary's Role In The Prevention Of Communicable Diseases In State Prisons , Anthony L. Paccione Jan 1984

The Federal Judiciary's Role In The Prevention Of Communicable Diseases In State Prisons , Anthony L. Paccione

Fordham Urban Law Journal

Control over the spread of communicable diseases in prisons is a particularly important goal. The prison setting compounded with the high incidence of disease among entering inmates creates a potent combination for the spread of communicable diseases, such as AIDS and tuberculosis. Insufficient state legislation and unresponsive prison administrators have forced prisoners to seek federal judicial relief. However, federal courts have been reluctant to intervene due to the state interests of federalism and separation of powers. The prohibition against cruel and unusual punishment is not limited to specific acts directed at selected individuals, but is equally applicable to general prison …

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Retribution: New York's Answer To The Multiple Felony Offender, Edward P. Abbot Jan 1984

Retribution: New York's Answer To The Multiple Felony Offender, Edward P. Abbot

Fordham Urban Law Journal

On May 31, 1983, Governor Cuomo signed an amendment to the New York Penal Law into effect. This amendment significantly increases the maximum prison term for multiple felony offenders. This amendment is primarily a provision, which stems from a retributivist theory of punishment. The intent of this amendment is twofold: first, to do justice by implementing a punishment more proportionate to the severity of the offender's crime(s) and second, to incapacitate the offender by his extended removal from society. Retribution has been an accepted rationale for imposing punishment and remains so today. Thus, the statute deserves prompt judicial recognition.

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Remarks Delivered At The Fordham-Stein Award Ceremony, William H. Webster Jan 1983

Remarks Delivered At The Fordham-Stein Award Ceremony, William H. Webster

Fordham Urban Law Journal

William H. Webster, Director, Federal Bureau of Investigation, delivered remarks upon presentation of the Fordham-Stein Award on October 28, 1982.

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The Effect Of External Pressures On Sentencing Judges, Eve Kunen Jan 1983

The Effect Of External Pressures On Sentencing Judges, Eve Kunen

Fordham Urban Law Journal

Aldoupolis v. Commonwealth illustrates three potential types of pressure on a sentencing judge: public opinion, opinions voiced by influential political figures, and opinions expressed by the press. This Comment explores the question of whether a sentencing judge may consider any of these pressures without violating the constitutional principles of procedural due process, the proscription against cruel and unusual punishment, equal protection, double jeopardy, and the common law-statutory proscription against abuse of discretion. Emphasis will be placed on public opinion, which often parallels the voices of those least heard by the criminal justice system: the victims.

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Systematic Exclusion Of Cognizable Groups By Use Of Peremptory Challenges, Stephen W. Dicker Jan 1983

Systematic Exclusion Of Cognizable Groups By Use Of Peremptory Challenges, Stephen W. Dicker

Fordham Urban Law Journal

An integral part of the jury selection process is the individual challenge, where a party has the privilege to remove potentially biased jurors. There are two forms of the individual challenge: for cause and peremptory. For cause challenges must be based on a legally provable bias, whereas peremptory challenges may be used to remove jurors who possess a bias peculiar to the immediate case, but whose bias is not articulable in terms of a challenge for cause. Given the vague underpinnings and potential abuses of the peremptory challenge, legislatures enforce a limitation on the number of such challenges a party …

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The Expanding Right To Counsel In New York, Debra M. Zverins Jan 1982

The Expanding Right To Counsel In New York, Debra M. Zverins

Fordham Urban Law Journal

A series of recent New York Court of Appeals decisions have upheld the right of a criminal suspect to have the assistance of an attorney at every stage of legal proceedings against him. This approach is considered by some to be problematic, imposing onerous burdens on police which impede effective law enforcement. This Note discusses the criminal defendant's pre-trial right to counsel in New York. Section II outlines the historical development of this fundamental right. Judicial expansions of the pre-trial right to counsel, including the People v. Bartolomeo decision, are analyzed in Section III with a view toward their effect …

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Probable Cause Based On Inaccurate Computer Information: Taking Judicial Notice Of Ncic Operating Policies And Procedures, Patrick Hand Jan 1982

Probable Cause Based On Inaccurate Computer Information: Taking Judicial Notice Of Ncic Operating Policies And Procedures, Patrick Hand

Fordham Urban Law Journal

The National Crime Information Center (NCIC) is the most comprehensive computerized system for storing criminal justice information. It is managed by the FBI, but is used at the federal, state, and local level as an investigative tool. The use of computerized criminal information has raised questions in cases where an arrest was made relying on computer information which later proved to have been inaccurate. This Note discusses the fourth amendment implications of arrest based on inaccurate computer information and articulates the circumstances under which such an arrest should be upheld. NCIC safeguards are discussed and it is recommended that the …

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