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Fordham Law School

1993

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Articles 181 - 195 of 195

Full-Text Articles in Law

The Urban Criminal Justice System Can Be Fair, Charles J. Hynes Jan 1993

The Urban Criminal Justice System Can Be Fair, Charles J. Hynes

Fordham Urban Law Journal

This essay contains perspectives on fairness in the criminal justice system. It is written by a prosecutor with experience in an urban setting. He touches on topics such as racism, jury selection, the Rodney King case, the Howard Beach Case.

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What Is A "Fair" Reponse To Juvenile Crime?, Susan K. Knipps Jan 1993

What Is A "Fair" Reponse To Juvenile Crime?, Susan K. Knipps

Fordham Urban Law Journal

The question of how to deal fairly and effectively with the problem of juvenile crime has long perplexed the public and policy makers. The current juvenile justice system in New York State reflects this uncertainty -- as it simultaneously employs two completely different models for the adjudication of juveniles accused of unlawful acts. The first model emphasizes the provision of rehabilitative services for delinquent youth through noncriminal proceedings in the Family Court. The second model stresses the use of punitive sanctions in the adult criminal courts for more serious juvenile offenders. To begin to sort through these models, this Essay …

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Jails And Prisons -- Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan Jan 1993

Jails And Prisons -- Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan

Fordham Urban Law Journal

The resurgence of tuberculosis (TB) in urban areas has direct and alarming consequences within the criminal justice system. Lock-up facilities, jails and prisons are TB breeding grounds. TB strikes with vengeance in populations with physical vulnerabilities caused by alcoholism, drug addiction, malnutrition, and HIV/AIDS and other immune-suppressing conditions. This Essay argues that it is time for New York State to reevaluate the mandatory sentencing laws and restrictions on plea bargaining. The interaction of HIV disease and TB offers a striking example of why justice is not served by binding the judiciary's hands. This Essay provides a medical overview of HIV …

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A Moral Standard For The Prosecutor's Exercise Of The Charging Discretion, Bennett L. Gershman Jan 1993

A Moral Standard For The Prosecutor's Exercise Of The Charging Discretion, Bennett L. Gershman

Fordham Urban Law Journal

The prosecutor's decision to institute criminal charges is the broadest and least regulated power in American criminal law. The judicial deference shown to prosecutors generally is most noticeable with respect to the charging function. This Essay discusses three hypothetical cases that present both realistic and recurring challenges to the prosecutor's charging power. The first case depends on a factual determination of a witness's reliability. The second case depends on a factual determination of the witness's truthfulness. The third case revolves around a legal determination regarding the applicability of a defense. Together, these cases provide a setting in which a moral …

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Should Judges Consider The Demographics Of The Jury Pool In Deciding Change Of Venue Application?, Peter M. Kougasian Jan 1993

Should Judges Consider The Demographics Of The Jury Pool In Deciding Change Of Venue Application?, Peter M. Kougasian

Fordham Urban Law Journal

This Essay considers the narrow question of whether, in changing venue, a court ought in principle to consider the demographic diversity of the venue. Deciding this issue require consideration of two preliminary questions: what is an impartial jury? And what role, if any, does racial diversity play in empaneling an impartial jury? The Rodney King trial raises questions about the dynamics of the jury panel, rather than the qualifications of individual jurors. After the Rodney King verdict, the Court's reasoning in the Batson line of cases seems naive for two reasons. First, the Court's faith in the ability of voire …

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The Urban Criinal Justice System & The Juror's Perception, David Lewis Jan 1993

The Urban Criinal Justice System & The Juror's Perception, David Lewis

Fordham Urban Law Journal

The criminal justice system is anchored in its belief that twelve citizens are capable of working together to sift through the most difficult and complicated information without any preconception or bias to arrive at a "just" result. In this essay, the author explores the diverse perceptions the various actors in a courtroom (prosecutor, defense lawyer, police officer, jurors) and discusses how these views form an integral part of the courtroom dynamic.

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"A Good Murder", Leigh B. Bienen Jan 1993

"A Good Murder", Leigh B. Bienen

Fordham Urban Law Journal

People are profoundly interested in crimes because the law and legal punishments are supposed to address the fundamental human craving for justice. Courts are embedded in this system of law because we do not rust individuals alone or groups to judge fairly. This essay will describe a pattern which emerged when researchers examined all homicide cases in the state of New Jersey during the years immediately after the reimposition of capital punishment in 1982. Particularly relevant is the pattern of capital punishment for urban and suburban murders, and how those cases were regarded by law enforcement, the media, and the …

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Urban Criminal Justice: No Fairer Than The Larger Society, Joanne Page Jan 1993

Urban Criminal Justice: No Fairer Than The Larger Society, Joanne Page

Fordham Urban Law Journal

This Essay reflects the author's personal perspective on the fairness of the criminal justice system. She argues that the key to assessing the fairness of the system is to examine it, not in isolation, but within a larger social context. The criminal justice system is part of the larger society, shares its values and is shaped by its allocation of resources. The criminal justice system is consistent with the values of that larger society: It treats the lives of poor people and people of color as being of inferior worth, skewing its intervention toward control and punishment rather than toward …

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The Urban Criminal Justice System: Where Young + Black + Male = Probable Cause, Elizabeth A. Gaynes Jan 1993

The Urban Criminal Justice System: Where Young + Black + Male = Probable Cause, Elizabeth A. Gaynes

Fordham Urban Law Journal

We live in a country where one out of four young African-American men is under some form of custodial supervision. In our nation's capital, seven out of ten African-American men can anticipate being arrested and jailed at least once before reaching the age of thirty-five. We live in a city where a black man between the ages of fifteen and twenty-four is far more likely to die of homicide than all other causes combined. The official response to the problem of urban crime by minority youth has been prison, prison, and more prison. This essay provides an overview and examples …

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State Of New York Temporary State Commission On Local Government Ethics Final Report Jan 1993

State Of New York Temporary State Commission On Local Government Ethics Final Report

Fordham Urban Law Journal

The New York Temporary State Commission on Local Government Ethics was constituted in 1987 in response to several ethics scandals in New York City government. The commission was tasked primarily with aiding local governments in evaluating and revising their own ethics standards, and with proposing new municipal ethics legislation for the State of New York. The commission's proposal for local ethics reform rested on the propositions that most local officials are honest and ethical; that local governments are heavily dependent on volunteers; that local government ethics must be enforced at the local level; that ethics rules must be reasonable, sensible, …

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Nissho Iwai American Corp. V. United States: Customs Appraisement And Middleman Pricing Under Section 402 Of The Tariff Act Of 1930, Michael E. Roll Jan 1993

Nissho Iwai American Corp. V. United States: Customs Appraisement And Middleman Pricing Under Section 402 Of The Tariff Act Of 1930, Michael E. Roll

Fordham International Law Journal

This Comment argues that the Federal Circuit correctly rejected Customs' “most direct cause” test. Part I explains the transaction value of the imported merchandise valuation method and traces its legislative history. In addition, Part I reviews Customs and prior judicial treatment of middleman import transactions. Part II describes the Federal Circuit's decision in Nissho Iwai. Part III argues that Customs' “most direct cause” test is contrary to judicial precedent and unsupported by the legislative history of Section 402. Part III also discusses the implications and limitations of Nissho Iwai for American importers. This Comment concludes that Nissho Iwai represents a …

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Package Travel Contracts: Remarks On The European Community Legislation, Stefano Zunarelli Jan 1993

Package Travel Contracts: Remarks On The European Community Legislation, Stefano Zunarelli

Fordham International Law Journal

Although Directive No. 90/314 has had some positive effects, albeit inferior to prior expectations, the new legislation has proven innovative in legally qualifying the positions of all subjects involved in package travel. An analysis of each provision shows the dramatic impact that the Directive has had on the conclusions reached by Italian doctrine and jurisprudence on the basis of the national and international applicable regulations. Directive No. 90/314 represents a notable improvement in the protection of the consumer/traveler. While the Community Directive accomplishes the aim of harmonizing legislation within the Member States, Directive No. 90/314 by no means intends to …

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Republic Of Argentina V. Weltover, Inc.: Interpreting The Foreign Sovereign Immunity Act's Commercial Activity Exception To Jurisdictional Immunity, Avi Lew Jan 1993

Republic Of Argentina V. Weltover, Inc.: Interpreting The Foreign Sovereign Immunity Act's Commercial Activity Exception To Jurisdictional Immunity, Avi Lew

Fordham International Law Journal

This Comment discusses the ramifications that Weltover has had on the decisions of federal circuit and district courts. Part I examines the Foreign Sovereign Immunities Act, its history, and its “commercial activity exception.” Part I then proceeds to describe Argentina's commercial activity at issue in Weltover, and the events in Argentina that created the conflict that led to the Weltover decision. Part II traces Weltover's procedural history, first describing the decisions by both the district court and the court of appeals, and then presenting the decision by the Supreme Court. In addition, Part II reviews a sampling of the federal …

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Paul O'Mahony, Crime And Punishment In Ireland, Donal E.J. Mac Namara Jan 1993

Paul O'Mahony, Crime And Punishment In Ireland, Donal E.J. Mac Namara

Fordham International Law Journal

Only within the last decade, however, have courses in comparative justice systems proliferated, usually in schools or departments of criminology, criminal justice, police and/or corrections administration, and more frequently in graduate than undergraduate programs. Several factors contribute to the lack of interest in comparative criminology. First, the United States has had a long history of isolationism. A second area of difficulty arises from the paucity of readily available source materials available to professors and students. English on the criminal justice systems of non-English speaking nations are much more limited and of widely varying quality. Courses on comparative criminal justice, offered …

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Administrative Notice, Due Process, And The Adjudication Of Asylum Claims In The United States, Brian L. Rooney Jan 1993

Administrative Notice, Due Process, And The Adjudication Of Asylum Claims In The United States, Brian L. Rooney

Fordham International Law Journal

This Note addresses the conflict within the U.S. Courts of Appeals regarding an alien's right to challenge the BIA's administrative notice of a political change in an asylum seeker's home country. Part I of this Note discusses U.S. asylum law standards and the procedures that an applicant must follow in seeking asylum and in appealing an adverse asylum decision. Part I also discusses the origin of administrative notice, its application in immigration proceedings, and an alien's right to procedural due process. Part II examines circuit court decisions addressing whether an applicant is denied due process when the BIA takes administrative …

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