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2000

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Forgiveness And International Amnesty, Martin S. Flaherty (Moderator) Jan 2000

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.

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Apology And Organizations: Exploring An Example From Medical Practice, Jonathan R. Cohen Jan 2000

Apology And Organizations: Exploring An Example From Medical Practice, Jonathan R. Cohen

Fordham Urban Law Journal

This article focuses on injuries committed by members of organizations, such as corporations, and examines distinct issues raised by apology in the organizational setting, in particular: the process of learning to prevent future errors, the divergent interests stemming from principal-agent tensions in employment, risk preferences and sources of insurance, the non-pecuniary benefits to corporate morale, productivity and reputation, the standing and scope of apologies, and the articulation of policies toward injuries to others.

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Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love Jan 2000

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.

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Merciful Damages: Some Remarks On Forgiveness, Mercy And Tort Law, Neal R. Feigenson Jan 2000

Merciful Damages: Some Remarks On Forgiveness, Mercy And Tort Law, Neal R. Feigenson

Fordham Urban Law Journal

This article explores the place of forgiveness and mercy in tort law, describing frequent misgivings about encouraging forgiveness or mercy as part of the substantive or procedural law of torts. Finally, the article suggests a new concept, "merciful damages" which might allow some of the benefits of forgiveness while avoiding or mitigating some common concerns.

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Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman Jan 2000

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.

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The Pain Relief Promotion Act: Will It Spell Death To "Death With Dignity" Or Is It Unconstitutional?, Joy Fallek Jan 2000

The Pain Relief Promotion Act: Will It Spell Death To "Death With Dignity" Or Is It Unconstitutional?, Joy Fallek

Fordham Urban Law Journal

This Note explores Congress' attempts to restrict Oregon's Death with Dignity Act by enacting two the Lethal Drug Abuse and Prevention Act of 1998 ("LDAP Act") and the Pain Relief Promotion Act of 1999 ("PRPA"). It explores constitutional decisions concerning physician-assisted suicide and those which tend to show that the Supreme Court demonstrated federalist leanings during this time. The Note concludes that this Congressional legislation is a premature attempt to restrict experimentation concerning physician-assisted suicide and that the Supreme Court should strive to thwart attempts to cut off such experimentation.

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Stopping Hate Without Stifling Speech: Re-Examining The Merits Of Hate Speech Codes On University Campuses, Catherine B. Johnson Jan 2000

Stopping Hate Without Stifling Speech: Re-Examining The Merits Of Hate Speech Codes On University Campuses, Catherine B. Johnson

Fordham Urban Law Journal

This Note explores legislative attempts to help reduce incidents of hate speech on university campuses. It begins by analyzing the rise in hate speech codes at public universities and examining two U.S. Supreme Court decisions in R.A.V. v. City of St. Paul and Wisconsin v. Mitchell. The author argues that a hate speech code that implements forward-looking, long-term education objective would work towards stopping hate on campus without violating students' First Amendment rights. This Note reaches the conclusion that a narrowly drawn hate speech code based on recognized First Amendment exceptions, implemented along with with education initiatives, could facilitate the …

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Lawyering For Social Change, Karen L. Loewy Jan 2000

Lawyering For Social Change, Karen L. Loewy

Fordham Urban Law Journal

This Note explores the significance, legitimacy and methodology of lawyering for social change. It begins by examining lawyers' motives for entering into such work and the theoretical approaches toward political lawyering and the methodologies employed to effect change. It raises the question of whether it is justifiable for a lawyer to drive social change specifically considering his unique access to the legal system. The Note concludes that it is entirely legitimate for a lawyer to engage in work for social change in order to ensure that the rights of all people are protected whether through litigation, public education seminars, rallies, …

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Sheff V. O'Neill: The Consequences Of Educational Table-Scraps For Poor Urban Minority Schools, Alicia L. Mioli Jan 2000

Sheff V. O'Neill: The Consequences Of Educational Table-Scraps For Poor Urban Minority Schools, Alicia L. Mioli

Fordham Urban Law Journal

This Note explores the debate between colorblindness and race consciousness while arguing that the multidistrict integration remedy called for by Sheff v. O'Neill does not directly address the true injury faced by minority students: inferior education. It examines the facts and background on the Sheff decision as well as other Connecticut cases involving school funding. Colorblind and race conscious theory is outlined as well as how each theory interacts with education. The Note concludes by explaining how integrationalists are missing the solution to the educational problems faced by minority students and how the true solution to them are not backward-looking, …

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The Impact Of Managed Care Payer Contracts On The Subspecialty Medical Provider: Policy Implications That Impact On The Care Of Disabled Children, Dr. Stephanie Rifkinson-Mann Jan 2000

The Impact Of Managed Care Payer Contracts On The Subspecialty Medical Provider: Policy Implications That Impact On The Care Of Disabled Children, Dr. Stephanie Rifkinson-Mann

Fordham Urban Law Journal

This Note explores the impact of current managed care contractual practices on the subspecialty provider's ability to deliver health care to chronically ill and disabled children. In doing so, it delves into the historical events giving rise to the development of health care reform. It then reviews various physician agreements with several managed care organizations ("MCOs") to demonstrate how contract conditions affect compensation for pediatric neurosurgical services. This Note then details the impact of managed care on the management of the chronic health problems of such children and proposes alternative solutions for affordable health care delivery systems for poor, medically …

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Drug Policy Alternatives- A Response From The Bench, John Curtin Jan 2000

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 …

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Institutionalizing Innovation: The New York Drug Court Story, John Feinblatt, Greg Berman, Aubrey Foxx Jan 2000

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.

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Our Drug Laws Have Failed - So Where Is The Desperately Needed Meaningful Reform?, David C. Leven Jan 2000

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, …

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Is Our Drug Policy Effective, Jefferson M. Fish Jan 2000

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 …

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The New Policing, Philip B. Heymann Jan 2000

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.

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Street Stops And Broken Windows: Terry, Race, And Disorder In New York City, Jeffrey Fagan, Garth Davies Jan 2000

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" …

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Why Did People Stop Committing Crimes? An Essay About Criminology And Ideology, George L. Kelling Jan 2000

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 …

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How Do We Reduce Crime And Preserve Human Decency? The Role Of Leadership In Policing For A Democratic Society, Benjamin B. Tucker Jan 2000

How Do We Reduce Crime And Preserve Human Decency? The Role Of Leadership In Policing For A Democratic Society, Benjamin B. Tucker

Fordham Urban Law Journal

This essay cautions that the successes in crime reduction cannot be sustained unless police-community relations improve. The essay discusses progress and development in law enforcement, documents the innovative rise in community policing, and concludes with suggestions on how to improve police-community tension, particularly tension between law enforcement and minority communities.

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Law And Disorder: Is Effective Law Enforcement Inconsistent With Good Police-Community Relations?, William J. Bratton, Andrew G. Celli, Paul Chevigny, Johnnie L. Cochran Jan 2000

Law And Disorder: Is Effective Law Enforcement Inconsistent With Good Police-Community Relations?, William J. Bratton, Andrew G. Celli, Paul Chevigny, Johnnie L. Cochran

Fordham Urban Law Journal

This roundtable discusses crime reduction and police-community relations. Professor Chevigny asserted that violation of rights is an unacceptable trade-off for more effective law enforcement and advocated problem-solving policing. Commissioner Bratton discussed the compatibility of civil liberties and civil police and his work as commissioner. Attorney Lynch discussed the federal government's role in handling law enforcement as it relates to community relations by discussing the cases the federal government handles and the federal government 's powers and abilities in this area. Mr. Celli discussed the Attorney General Office's study of the New York City Police Department, theories behind the New York …

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Foreward, Symposium: Philosophical Hermeneutics And Critical Legal Theory, Francis J. Mootz Iii Jan 2000

Foreward, Symposium: Philosophical Hermeneutics And Critical Legal Theory, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

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Factors Related To The Validity Of Reproduction Tonal Memory Tests, Charles E. Norris Jan 2000

Factors Related To The Validity Of Reproduction Tonal Memory Tests, Charles E. Norris

Peer Reviewed Articles

The purpose of this investigation was to acquire data regarding the validity of reproduction tonal memory tests by examining the relationships between performances on an existing reproduction tonal memory test and performances on several recognition tonal memory tests. Analysis of 210 fifth- through twelfth-grade students' scores on one reproduction test and four recognition tests of tonal memory revealed moderate relationships (r = .47 to .66) between the two types of tests. Stepwise multiple regression revealed a moderately strong predictive relationship between a combination of three recognition measures and the reproduction test (R = .73, R2 = .53). Little change was …

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Asymmetrical Social Influence In Freely Interacting Groups Discussing The Death Penalty: A Shared Representations Interpretation, Christine M. Smith, Amanda Dykema-Engblade, Angela Walker, Tammi S. Niven, Thomas Mcgough Jan 2000

Asymmetrical Social Influence In Freely Interacting Groups Discussing The Death Penalty: A Shared Representations Interpretation, Christine M. Smith, Amanda Dykema-Engblade, Angela Walker, Tammi S. Niven, Thomas Mcgough

Peer Reviewed Articles

Past research has shown that minorities arguing in favor of the majority opinion within a given population (i.e. the ‘Zeitgeist’) are more powerful sources of social influence than minorities arguing against the normative population opinion (i.e. Clark & Maass, 1988a and b; Paicheler, 1977). We studied the Zeitgeist effect within the context of freely interacting groups discussing the death penalty. In direct contrast to past research, minorities arguing against the death penalty Zeitgeist were more powerful sources of social influence than those arguing in favor of it. Analyses of conversation content and thought-listing data suggest that minorities arguing against the …

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The Possibility Of An Ethical Politics: From Peace To Liturgy, John Drabinski Jan 2000

The Possibility Of An Ethical Politics: From Peace To Liturgy, John Drabinski

Articles, Book Chapters, Essays

This essay examines the possibility of developing an ethical politics out of the work of Emmanuel Levinas. Levinas’ own work does not accomplish this kind of politics. He opts instead for a politics of peace, which, as this essay argues, falls short of the demands of the ethical. Thus, this essay both provides an account of Levinas’ own politics and develops resources from within Levinas’ own work for thinking beyond that politics. An alternative, liturgical politics is sketched out. In a liturgical politics, law must be thought on a redistributive model. Redistribution, it is argued, responds more adequately to the …

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Aboriginal Title As A Constitutionally Protected Property Right, Kent Mcneil Jan 2000

Aboriginal Title As A Constitutionally Protected Property Right, Kent Mcneil

Articles & Book Chapters

No abstract provided.

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Test 1782c: Challenger Mt 645 Diesel, Nebraska Tractor Test Lab Jan 2000

Test 1782c: Challenger Mt 645 Diesel, Nebraska Tractor Test Lab

Nebraska Tractor Tests

No abstract provided.

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Test 1781c: Challenger Mt 635 Diesel, Nebraska Tractor Test Lab Jan 2000

Test 1781c: Challenger Mt 635 Diesel, Nebraska Tractor Test Lab

Nebraska Tractor Tests

No abstract provided.

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Judicial Notice: The Very Texture Of Legal Reasoning, Susan G. Drummond Jan 2000

Judicial Notice: The Very Texture Of Legal Reasoning, Susan G. Drummond

Articles & Book Chapters

No abstract provided.

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Work-In-Progress: Gadamer, Tradition And The Common Law, Allan C. Hutchinson Jan 2000

Work-In-Progress: Gadamer, Tradition And The Common Law, Allan C. Hutchinson

Articles & Book Chapters

No abstract provided.

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Antipredator Vigilance Of Juvenile And Adult Thirteen-Lined Ground Squirrels And The Role Of Nutritional Need, Cody Arenz, Daniel Leger Jan 2000

Antipredator Vigilance Of Juvenile And Adult Thirteen-Lined Ground Squirrels And The Role Of Nutritional Need, Cody Arenz, Daniel Leger

Department of Psychology: Faculty Publications

Juvenile thirteen-lined ground squirrels, Spermophilus tridecemlineatus, are less vigilant (i.e. they spend less time visually scanning the environment) than adults. To determine whether nutritional need was a potential cause of this difference, we supplemented two groups of free-ranging juveniles during the predispersal stage, while juveniles were still near and around the natal burrows. The high-energy food group (HEF: 11 squirrels) received peanut butter and oats while the low-energy food group (LEF: seven squirrels) received lettuce. Adults (14 squirrels) were also supplemented, but due to their greater home range sizes, it was not feasible to classify them as either HEF …

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The Employment Law Decisions Of The October 1999 Term Of The Supreme Court: Review And Analysis, Ann C. Hodges Jan 2000

The Employment Law Decisions Of The October 1999 Term Of The Supreme Court: Review And Analysis, Ann C. Hodges

Law Faculty Publications

The five employment law cases decided by the Supreme Court during the October 1999 Term bring to nineteen the total number of significant employment law cases decided by the Court during the last three terms. The October 1997 Term cases were marked by primary focus on employer liability, under Title VII of the Civil Rights Act of 1964, for sexual harassment by supervisors. Primary focus during the 1998 Term was on disability discrimination under the Americans with Disabilities Act of 1990 (ADA) and on the constitutionality of actions brought by private parties against states under the Fair Labor Standards Act …

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