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The Bison: 2000, Howard University

Howard University Yearbooks

This digital object was funded in part through a grant from the Andrew W. Mellon Foundation. The digitalization of this object was part of a collaborative effort with the Washington Research Library Consortium and George Washington University.

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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 …

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Domestic Violence As A Factor In Custody Determinations In New York State, Hon. Judith J. Gische

Fordham Urban Law Journal

In 1996, the New York State Legislature mandated that rial courts consider the effect of domestic violence in child custody and visitation disputes. In 1998, the legislature amended the law to provide that, under most circumstances, a person convicted of murdering a child's parent shall be denied custody and visitation. The amendment was in response to a growing national trend to give greater attention to the serious effect domestic violence has on children. While the law now conveys the seriousness with which the legislature view domestic violence, many problems inherent in resolving custody and visitation disputes involving domestic violence still …

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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.

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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 …

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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

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

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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Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine

Fordham Urban Law Journal

A discussion of the Jewish concept of "Teshuva," which provides the possibility of atonement for wrongdoings. The article explores the process of "Teshuva" in depth and describes its relationship and significance to modern criminal law.

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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

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

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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Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine

Fordham Urban Law Journal

A discussion of the Jewish concept of "Teshuva," which provides the possibility of atonement for wrongdoings. The article explores the process of "Teshuva" in depth and describes its relationship and significance to modern criminal law.

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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.

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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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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

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

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

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

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

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

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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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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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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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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Official Knowledge And The Relations Of Ruling, Peter R. Grahame, Kamini Maraj Grahame

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

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"If You Only Knew": Lessons Learned From Successful Black Women Entrepreneurs, Cheryl A. Smith

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

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The Business Of Bribery: Globalization, Economic Liberalization, And The ‘Problem’ Of Corruption, Margaret E. Beare, James Williams

Articles & Book Chapters

This paper is intended as a critical response to the emerging consensus within both academic and policy literatures that we are currently facing an epidemic of corruption which threatens to undermine the stability of economic and political development on both a national and global scale, and which requires both immediate and wide-ranging policy interventions. Based on a review of the publications and policy statements of the leading anti-corruption crusaders — namely the OECD, the IMF, and the World Bank — it will be argued that the recent concern with corruption is attributable, not to any substantive increase incorrupt practices, but …

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

Articles & Book Chapters

No abstract provided.

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Gender Differences In The Development Of Substance- Related Problems: The Impact Of Family History Of Alcoholism, Family History Of Violence And Childhood Conduct Problems, Stephen T. Chermack, Scott F. Stoltenberg, Bret E. Fuller, Frederic C. Blow

Department of Psychology: Faculty Publications

Objective: This study examined gender differences regarding the relative influence of family history of alcoholism (FHA) and family history of violence (FHV) on reported childhood conduct problems (CCP) and adult problems with alcohol, drugs and violence. Method: The participants were 110 men and 103 women with alcohol-related problems recruited within 30 days of enrolling in treatment for substance abuse or dependence. Participants completed self-report measures of pretreatment violence, FHV, CCP, substance use and consequences, and demographics; a semi-structured interview was used to assess FHA. Results: Structural equation modeling (SEM) analyses revealed gender differences with regard to the influence of FHA …

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Full-Text Articles in Entire DC Network

The Bison: 2000, Howard University

Howard University Yearbooks

Charging Battered Mothers With "Failure To Protect": Still Blaming The Victim

Fordham Urban Law Journal

Domestic Violence As A Factor In Custody Determinations In New York State, Hon. Judith J. Gische

Fordham Urban Law Journal

Stopping New Yorkers' Stalkers: An Anti-Stalking Law For The Millennium, Demetra M. Pappas

Fordham Urban Law Journal

Gender Difference In Perceiving Violence And Its Implication For The Vawa's Civil Rights Remedy, Renee L. Jarusinsky

Fordham Urban Law Journal

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

Fordham Urban Law Journal

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

Fordham Urban Law Journal

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

Fordham Urban Law Journal

Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine

Fordham Urban Law Journal

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

Fordham Urban Law Journal

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

Fordham Urban Law Journal

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

Fordham Urban Law Journal

Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine

Fordham Urban Law Journal

Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr.

Fordham Urban Law Journal

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

Fordham Urban Law Journal

Lawyering For Social Change, Karen L. Loewy

Fordham Urban Law Journal

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

Fordham Urban Law Journal

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

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

Fordham Urban Law Journal

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

Fordham Urban Law Journal

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

Fordham Urban Law Journal

Is Our Drug Policy Effective, Jefferson M. Fish

Fordham Urban Law Journal

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

Fordham Urban Law Journal

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

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

McGeorge School of Law Scholarly Articles

Official Knowledge And The Relations Of Ruling, Peter R. Grahame, Kamini Maraj Grahame

Journal of Pedagogy, Pluralism, and Practice

"If You Only Knew": Lessons Learned From Successful Black Women Entrepreneurs, Cheryl A. Smith

Journal of Pedagogy, Pluralism, and Practice

The Business Of Bribery: Globalization, Economic Liberalization, And The ‘Problem’ Of Corruption, Margaret E. Beare, James Williams

Articles & Book Chapters

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

Articles & Book Chapters

Gender Differences In The Development Of Substance- Related Problems: The Impact Of Family History Of Alcoholism, Family History Of Violence And Childhood Conduct Problems, Stephen T. Chermack, Scott F. Stoltenberg, Bret E. Fuller, Frederic C. Blow

Department of Psychology: Faculty Publications