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Section 60.41 Of The New York Criminal Procedure Law: The Sexual Assault Reform Act Of 1999 Challenges Molineux And Due Process, Brooks Holland Jan 1999

Section 60.41 Of The New York Criminal Procedure Law: The Sexual Assault Reform Act Of 1999 Challenges Molineux And Due Process, Brooks Holland

Fordham Urban Law Journal

The 1999 Sexual Assault Reform Act of 1999 proposed the addition of section 60.41 to Article 60 of the New York Criminal Procedure Law to allow prosecutors in sexual assault prosecutions to introduce evidence of a defendant's previous commission of any "offense or offenses of sexual assault.., on any matter to which it is relevant, including the defendant's propensity to commit an offense of sexual assault or the credibility of the alleged victim of the sexual assault . ." The author argues that this law would upset a century of New York law under the Molineux rule, which holds that …


Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury Jan 1999

Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury

Faculty Scholarship

The Supreme Court increasingly has interpreted the Equal Protection Clause as a mandate for the state to treat citizens as if they were equal-as a limitation on the state's ability to draw distinctions on the basis of characteristics such as race and, to a lesser extent, gender. In the context of race, the Court has struck down not only race-specific policies designed to harm the historically oppressed, but race conscious policies designed to foster racial equality. Although in theory the Court has left open the possibility that benign uses of race may be constitutional under some set of facts, in …


Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc Arkin Jan 1999

Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc Arkin

Faculty Scholarship

On August 20, 1789, Massachusetts Federalist Fisher Ames rose to address the House of Representatives in one of his rare contributions to the debate on the Bill of Rights. 1 The day before, sitting as a Committee of the Whole, the House had concluded its brief discussion of the proposed religion amendment to the federal Constitution by agreeing to New Hampshire Representative Samuel Livermore's formula that "Congress shall make no laws touching religion, or infringing the rights of conscience." 2 Now, on the 20th, before the House could formally adopt Livermore's language, Representative Ames proposed a different wording. He moved …


The Politics Of Permits: The Unconstitutionality Of The Guiliani Administration's Parade And Rally Permit Application Procedures, Michael L. Landsman Jan 1999

The Politics Of Permits: The Unconstitutionality Of The Guiliani Administration's Parade And Rally Permit Application Procedures, Michael L. Landsman

Fordham Urban Law Journal

This article addresses the unconstitutionality of New York Mayor Rudolph Guiliani’s Administration’s parade and rally permit application procedures, which Judge Leonard B. Sand of the Southern District of New York held to be in violation of the First Amendment on November 16, 1998. The author initially noted the two major factors that won Guiliani the 1993 mayoral election, New Yorker’s belief that he could (1) reduce crime and (2) cool racial tensions, and then “curiously” observed that the groups that faced the greatest bias in their applications were those that applied for parade or rally permits to protest or make …