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Full-Text Articles in Law
Excluding Coerced Witness Testimony To Protect A Criminal Defendant's Right To Due Process Of Law And Adequately Deter Police Misconduct, Katherine Sheridan
Excluding Coerced Witness Testimony To Protect A Criminal Defendant's Right To Due Process Of Law And Adequately Deter Police Misconduct, Katherine Sheridan
Fordham Urban Law Journal
This Note argues that the Due Process Clause must protect criminal defendants from the admission of an involuntary statement made by a witness. Part I discusses the history of the use of involuntary statements, specifically the justifications for the exclusion of coerced confessions. Part II examines how various courts have addressed the issue and have come to different conclusions. Part III explains why involuntary witness statements should be excluded under the Due Process Clause in criminal trials.
The Abortion Debate Thirty Years Later: From Choice To Coercion, Maureen Kramlich
The Abortion Debate Thirty Years Later: From Choice To Coercion, Maureen Kramlich
Fordham Urban Law Journal
This article critiques the notion of abortion as a "positive liberty." The author argues that the court's holding in Roe v. Wade created a negative right to abortion, meaning that an individual seeking an abortion is merely protected from government interference. Over time, "pro-abortion" advocates have sought a positive right to access an abortion, including government funding. The author finds this position problematic and outside the scope of Roe, particularly as it erodes religious healthcare providers' right to refuse to perform the procedure.
Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins
Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins
Faculty Scholarship
Confronted with the challenge of cultural relativism, feminism faces divergent paths, neither of which seems to lead out of the woods of patriarchy. The first path, leading to simple tolerance of cultural difference, is too broad. To follow it would require feminists to ignore pervasive limits on women's freedom in the name of an autonomy that exists for women in theory only. The other path, leading to objective condemnation of cultural practices, is too narrow. To follow it would require feminists to dismiss the culturally distinct experiences of women as false consciousness. Yet to forge an alternative path is difficult, …
The New Role Of Coercion In Antitrust, Jean Wegmen Burns
The New Role Of Coercion In Antitrust, Jean Wegmen Burns
Fordham Law Review
With the ascendancy of the economic efficiency approach and its emphasis on competitive prices and output, coercrion--the use of force or threat; to copel another to act against one's will--seemingly no longer has a role to play in antitrust analysis. Professor Burns argues that coercion is indeed still relevant in antitrust analysis, though its role has changed from the central character it once played in the early antitrust cases. After analyzing the evolving role of coercion, Professor Burns concludes that the concept is still useful in vertical restraints and tie-ins distinguishing between efficient restraints and inefficient ones and in evaluating …
Criminal Law- Reckless Endangerment And Coercion- Union Officials May Be Liable To Criminal Prosecution In Strike Of Essential Public Employees. People V. Vizzini, 78 Misc. 2d 1040, 359 N.Y.S.2d 143 (Sup. Ct. 1974)., James Clark Quinn
Fordham Urban Law Journal
Defendants, officers of the Uniformed Firefighters Association (UFA), were charged with reckless endangerment in the second degree, attempted coercion, reckless endangerment of property, and related crimes. The basis of these charges was the five and one-half hour New York City fireman's strike called by defendants despite express Taylor Law prohibitions against strikes by public employees. Defendants moved to dismiss the indictment on the grounds that a strike by firemen could not be the basis of a criminal prosecution, arguing that the Taylor Law provided the exclusive remedies and sanctions for public employee labor disputes. The New York Supreme Court denied …