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Some Thoughts On The Sexual Misconduct Amendments To The Federal Rules Of Evidence, Norman M. Garland
Some Thoughts On The Sexual Misconduct Amendments To The Federal Rules Of Evidence, Norman M. Garland
Fordham Urban Law Journal
Although the adoption of the Federal Rules of Evidence 413-15 may have a positive result, Congress rushed their drafting which has led to several problems and ambiguities in the proposed rules. One of these major ambiguities is the issue of what standard of proof might be applied to decide the admissibility of such other, uncharged sex crimes offered against the accused.
American Bar Association Criminal Justice Section Report To The House Of Delegates, Myrna S. Raeder
American Bar Association Criminal Justice Section Report To The House Of Delegates, Myrna S. Raeder
Fordham Urban Law Journal
The proposed amendments to the Federal Rules of Evidence, Rules 413-15 regarding the admission of character testimony in cases of sexual abuse and child molestation, have been roundly criticized by the legal community on both substantive and procedural grounds. The ABA has resolved to oppose the substance of these rules, and fear that in addition to the direct concerns regarding the result of the rules, they raise troubling policy issues going forward.
The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park
The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park
Fordham Urban Law Journal
There is considerable debate as to whether to admit evidence of past sexual assaults in cases where the accused presents a defense of consent to a current sexual assault charge. The consent defense presents a unique situation where, due to the probative value of evidence that suggests propensity to rape, a strong justification can be made to admit this information as evidence. However, critics of this opinion have argued that admitting propensity evidence about the accused in a rape case is inconsistent with the rape shield rule which excludes propensity evidence about the victim. This argument is flawed in the …
Note: Diamond Is The Rtc's Best Friend: Federal Preemption And The Balance Of The Term Of Rent Regulated Leases In Resolution Trust Corporation V. Diamond, Daniel N. Zinman
Note: Diamond Is The Rtc's Best Friend: Federal Preemption And The Balance Of The Term Of Rent Regulated Leases In Resolution Trust Corporation V. Diamond, Daniel N. Zinman
Fordham Urban Law Journal
This Note provides an overview of the New York City rent regulations and FIRREA and discusses their relevance to the Diamond decisions. Part III of this Note describes the reasons the RTC should be allowed to repudiate the tenancies, based on express and conflict preemption analyses. Part IV addresses the length of the balance of the term of a rent regulated lease. Part V concludes that the rent regulated leases may be repudiated by the RTC, that the balance of the term of a rent stabilized lease is theremaining time in the renewal period, and that more statutory guidance is …
The Warning From Pittsburgh's Golden Triangle: Home Of The Steelers, The Pirates And The Amorphous Favoured Nation Clause In The Commercial Lease, Ronald J. Offenkrantz
The Warning From Pittsburgh's Golden Triangle: Home Of The Steelers, The Pirates And The Amorphous Favoured Nation Clause In The Commercial Lease, Ronald J. Offenkrantz
Fordham Urban Law Journal
Part I of this Article gives a brief outline of the more obvious concerns posed by the introduction of a favored nation concept in a commercial lease. Part II discusses cases involving favored nation clauses in various types of commercial contracts and illustrates the difficulty courts have had in assessing whether one contract is, in fact, more favorable than another. Part III introduces the reader to the trilogy of cases in Pittsburgh's Golden Triangle starting with the Pittsburgh Steelers and Pittsburgh Pirates litigation with the Pittsburgh Stadium Authority. This litigation gives focus to the problems posed by a favored nation …