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Articles 1 - 8 of 8
Full-Text Articles in Law
You Have A Right To Remain Silent, Michael Avery
You Have A Right To Remain Silent, Michael Avery
Fordham Urban Law Journal
The Supreme Court will decide in the October 2002 term whether there is a cause of action under 42 U.S.C. Section 1983 based on a coercive police interrogation of a suspect in custody who has not been given Miranda warnings. The Supreme Court cannot decide that there is no cause of action under section 1983 for damages caused by coercive interrogation practices without turning its back on a large body of its own jurisprudence and on the deeply rooted cultural and political expectations of American citizens who trust that they have a meaningfu lconstitutionally protected right to remain silent when …
Crime, Gun Control, And The Batf: The Political Economy Of Law Enforcement, Jim F. Couch, Wiliam F. Shughart Ii
Crime, Gun Control, And The Batf: The Political Economy Of Law Enforcement, Jim F. Couch, Wiliam F. Shughart Ii
Fordham Urban Law Journal
The Bureau of Alcohol, Tobacco and Firearms ("BATF"), an agency of the United States Treasury Department, has wide-ranging law enforcement responsibilities, which include the investigation of crimes involving guns, explosives, and illicit drugs. Its execution of these duties has been the subject of considerable controversy. This Study reports evidence that the law enforcement activities of the BAFT are influenced by both public-spirited and bureaucratic motives. The evidence presented in this Study contributes to a rethinking of the public-interest paradigm.
Life, Liberty, And The Pursuit Of Terrorists: An In-Depth Analysis Of The Government's Right To Classify United States Citizens Suspected Of Terrorism As Enemy Combatants And Try Those Enemy Combatants By Military Comission, Amanda Schaffer
Fordham Urban Law Journal
This Comment explores the government's right to treat citizens as enemy combatants and whether their trials should be by military commissions or by the non-military criminal justice system. It gives background information and explains the source of the government's right to determine enemy combatant status and to use military commissions. This Comment also describes the distinctions between a military trial and a regular criminal trial and explains the status of two cases regarding American citizens declared to be enemy combatants. The Comment goes on to explain why the government wants to use military commissions to try terrorists and the advantages …
The Usa Patriot Act: Civil Liberties, The Media, And Public Opinion, Lisa Finnegan Abdolian, Harold Takooshian
The Usa Patriot Act: Civil Liberties, The Media, And Public Opinion, Lisa Finnegan Abdolian, Harold Takooshian
Fordham Urban Law Journal
This Essay offers an examination of the legal provision of the USA Patriot Act. It then looks at the distinct shift in U.S. media reporting on this legislation over time, and in-depth public opinion findings on people's mixed views of post-9/11 civil liberties. This Essay concludes that media coverage of events is best accompanied by tracking polls, to chart how much and why the U.S. public is coalescing or further dividing on issues of individual liberties during crisis.
Old Whine In A New Battle: Pragmatic Approaches To Balancing The Twenty-First Amendment, The Dormant Commerce Clause, And The Direct Shipping Of Wine , Gordon Eng
Fordham Urban Law Journal
This Note examines the tension between the Twenty-First Amendment to the United States Constitution and the Dormant Commerce Clause, with respect to state regulations governing of out-of-state direct shipment of wine to consumers. The Constitution is not clear about where the boundaries of the Commerce Clause lie when Congress has not explicitly addressed an issue. This Note first recognizes the importance of history with respect to the Twenty-First Amendment. It further examines recent court decisions, identifying four approaches taken by federal courts to address this issue and the distinguishing factors that influence the courts' final holdings. Finally, this Note offers …
Does A Marriage Really Need Sex?: A Critical Analysis Of The Gender Restriction On Marriage, Randi E. Frankle
Does A Marriage Really Need Sex?: A Critical Analysis Of The Gender Restriction On Marriage, Randi E. Frankle
Fordham Urban Law Journal
This Note discusses the issues surrounding intersex persons and the right to marry. The Comment first discusses the constitutional protection of the right to marry, intersex conditions, and case law regarding intersex, transsexual, and same-sex marriage. It further addresses the consequences for marriage when it is narrowly defined. Further, the Comment proposes an alternative solution to the one many courts have used. This solution allows an intersex person to self-designate her gender and be able to marry either a man or a woman. Finally, this Comment argues that if an intersex person can marry either a man or a woman, …
Picture Perfect: A Critical Analysis Of The Debate On The 2002 Help America Vote Act, Gabrielle B. Ruda
Picture Perfect: A Critical Analysis Of The Debate On The 2002 Help America Vote Act, Gabrielle B. Ruda
Fordham Urban Law Journal
This Comment examines whether the Anti-Fraud provision provides a fair scheme for the identification process during voter registration, or if it inherently violates certain fundamental rights and freedoms of American citizens who wish to cast their ballot. This Comment conducts a historical assessment of the institution of voting, examines the standard of review used by courts to determine whether a law violates a citizen's constitutional right to vote and analyzes whether the Anti-Fraud provision is the appropriate means required to achieve its stated objective of decreasing voter fraud. This Comment argues that discriminatory infringements on voting rights need to be …
The Scope Of Police Questioning During A Routine Traffic Stop: Do Questions Outside The Scope Of The Original Justification For The Stop Create Impermissible Seizures If They Do Not Prolong The Stop? , Bill Lawrence
Fordham Urban Law Journal
The issue this Note addresses is whether a police officer, during a routine traffic stop, violates a person's Fourth Amendment rights when the officer's questions stray from the original reason for the stop. Resolution of the issue pits privacy concerns against the state's interest in effective law enforcement. With circuits split over the issue, and the Supreme Court not yet plainly ruling on it, this Note aims to provide a narrow solution to the problem.Part I explains the Fourth Amendment reasonableness standard and discusses the line of Supreme Court cases from Terry v. Ohio14 to Florida v. Bostick 5 that …