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Articles 1 - 15 of 15
Full-Text Articles in Law
Abridging The Fifth Amendment: Compelled Decryption, Passwords, & Biometrics, Raila Cinda Brejt
Abridging The Fifth Amendment: Compelled Decryption, Passwords, & Biometrics, Raila Cinda Brejt
Fordham Intellectual Property, Media and Entertainment Law Journal
Technological developments change the way we perform tasks by creating more efficient solutions to old problems and giving rise to opportunities not previously possible. Advances in communications technology have made the world feel smaller and more accessible. These changes also affect the methodology of both criminal activity and the investigative procedures of law enforcement. Our fundamental rights are challenged as judges and state actors try to strike the perfect balance between longstanding values and contemporary problems. This Note considers the Fifth Amendment challenges that arise when law enforcement attempts to obtain evidence from a criminal defendant’s encrypted device. This Note …
When Prosecutors Politick: Progressive Law Enforcers Then And Now, Bruce A. Green, Rebecca Roiphe
When Prosecutors Politick: Progressive Law Enforcers Then And Now, Bruce A. Green, Rebecca Roiphe
Faculty Scholarship
A new and recognizable group of reform-minded prosecutors has assumed the mantle of progressive prosecution. The term is hard to define in part because its adherents embrace a diverse set of policies and priorities. In comparing the contemporary movement with Progressive Era prosecutors, this Article has two related goals. First, it seeks to better define progressive prosecution. Second, it uses a historical comparison to draw some lessons for the current movement. Both groups of prosecutors were elected on a wave of popular support. Unlike today’s mainstream prosecutors who tend to campaign and labor in relative obscurity, these two sets of …
Congress And The Independence Of Federal Law Enforcement, Andrew Kent
Congress And The Independence Of Federal Law Enforcement, Andrew Kent
Faculty Scholarship
Not since the Nixon presidency has the issue of the professional neutrality and independence of federal law enforcement from White House interference or misuse been such a pressing issue. This Article describes the problem, details Congress’s important role in responding to it during the 1970s, and makes specific recommendations for Congress today. As important background, this Article recounts the abuses of the Hoover era at the Federal Bureau of Investigation (“FBI”), and the ways the Nixon White House sought to both impede and corrupt the Department of Justice (“DOJ”) and the FBI. It then describes what an engaged Congress looked …
Payton, Practical Wisdom, And The Pragmatist Judge: Is Payton's Goal To Prevent Unreasonable Entries Or To Effectuate Home Arrests?, Christos Papapetrou
Payton, Practical Wisdom, And The Pragmatist Judge: Is Payton's Goal To Prevent Unreasonable Entries Or To Effectuate Home Arrests?, Christos Papapetrou
Fordham Urban Law Journal
This Comment analyzes the conflicting "objective" and "subjective" tests that courts use to determine if a law enforcement officer's entry into a suspect's home is valid following the Supreme Court's holding in Payton v. New York that an arrest warrant implicitly carries with it a right to enter a suspect's home when there is "reason to believe" it is the suspect's residence and that the suspect is inside. The Comment questions how courts should interpret the "reason to believe" standard and analyzes an approach put forth by Professor Matthew A. Edwards in his article, Posner's Pragmatism and Payton Home Arrests. …
Panel Discussion: Bigger Carrots And Bigger Sticks: Issues And Developments In Corporate Sentencing, Jill E. Fisch, Hon. John S. Martin, Richard C. Breeden, Timothy Coleman, Stephen M. Cutler, Celeste Koeleveld, Richard H. Walker
Panel Discussion: Bigger Carrots And Bigger Sticks: Issues And Developments In Corporate Sentencing, Jill E. Fisch, Hon. John S. Martin, Richard C. Breeden, Timothy Coleman, Stephen M. Cutler, Celeste Koeleveld, Richard H. Walker
Fordham Journal of Corporate & Financial Law
No abstract provided.
Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World
Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World
Fordham Urban Law Journal
The era following September 11, 2001 will be remembered as the golden age of law enforcement, the age of a bold paradigm shift inspired by the great challenges we face. It is instructive first to reflect on the old paradigm: as law enforcement agencies, we moved like swimmers in different lanes, all going the same direction with the same mission, yet also working by and for ourselves. Each criminal justice agency dealt with its own issues, staying—for the most part—in its own lane. Then, 9/11 changed everything. Indeed, it is our turn to be the greatest generation. Just as World …
An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson
An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson
Fordham Urban Law Journal
Drug abuse and addiction, and the government's response to these problems, are frequently and appropriately a topic for public debate. Law enforcement has made significant advances in both reducing the number of people using illegal drugs and in the fight against traffickers. Legalization of illegal drugs would not elinate the black market or eliminate drug-related violence. The facts on the issue make a strong case for a national policy geared toward effective drug abuse education and prevention, and treatment for people dependent on illegal drugs. Our nation should also continue to conduct research to determine the most effective means of …
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.
Law And Disorder: Is Effective Law Enforcement Inconsistent With Good Police-Community Relations?, William J. Bratton, Andrew G. Celli, Paul Chevigny, Johnnie L. Cochran
Law And Disorder: Is Effective Law Enforcement Inconsistent With Good Police-Community Relations?, William J. Bratton, Andrew G. Celli, Paul Chevigny, Johnnie L. Cochran
Fordham Urban Law Journal
This roundtable discusses crime reduction and police-community relations. Professor Chevigny asserted that violation of rights is an unacceptable trade-off for more effective law enforcement and advocated problem-solving policing. Commissioner Bratton discussed the compatibility of civil liberties and civil police and his work as commissioner. Attorney Lynch discussed the federal government's role in handling law enforcement as it relates to community relations by discussing the cases the federal government handles and the federal government 's powers and abilities in this area. Mr. Celli discussed the Attorney General Office's study of the New York City Police Department, theories behind the New York …
Expanding New York's Dna Database: The Future Of Law Enforcement, Robert W. Schumacher Ii
Expanding New York's Dna Database: The Future Of Law Enforcement, Robert W. Schumacher Ii
Fordham Urban Law Journal
This Article discusses a proposal by New York City Police Commissioner Howard Safir to expand New York's DNA Database. The proposal would allow the police to obtain DNA from anyone arrested for a recordable offense. The Article describes how DNA is used by law enforcement from the molecular level to DNA databases. The Article then describes Safir's proposal, including the controversy surrounding Fourth Amendment privacy concerns and fears of potential misuse of the DNA information by law enforcement. Despite these concerns, in light of New York's recidivism rates, crime trends, administrative costs, and investigative efficiency, the Article argues that Safir's …
Municipal Liability For Failure To Investigate Citizen Complaints Against The Police, Hazel Glenn Beh
Municipal Liability For Failure To Investigate Citizen Complaints Against The Police, Hazel Glenn Beh
Fordham Urban Law Journal
This article briefly describe the emerging professionalism of law enforcement and, within this context, discuss the risks and benefits associated with current models for receiving and reviewing citizen complaints against police officers. Part IV discusses courts' application of the deliberate indifference standard to claims that a citizen complaint procedure is inadequate and summarizes litigation in several small and large communities employing the various models for complaint review. Additionally, Part IV examines the issues of proof raised in Canton and reinforced in Brown. The Article divides the cases by the models employed; however, the potential deficiencies in any model and the …
The Expanding Right To Counsel In New York, Debra M. Zverins
The Expanding Right To Counsel In New York, Debra M. Zverins
Fordham Urban Law Journal
A series of recent New York Court of Appeals decisions have upheld the right of a criminal suspect to have the assistance of an attorney at every stage of legal proceedings against him. This approach is considered by some to be problematic, imposing onerous burdens on police which impede effective law enforcement. This Note discusses the criminal defendant's pre-trial right to counsel in New York. Section II outlines the historical development of this fundamental right. Judicial expansions of the pre-trial right to counsel, including the People v. Bartolomeo decision, are analyzed in Section III with a view toward their effect …
Aerial Surveillance: Overlooking The Fourth Amendment , Susan A. Higgins
Aerial Surveillance: Overlooking The Fourth Amendment , Susan A. Higgins
Fordham Law Review
No abstract provided.
Interrogation Of Criminal Defendants—Some Views On Miranda V. Arizona
Interrogation Of Criminal Defendants—Some Views On Miranda V. Arizona
Fordham Law Review
The decision in Miranda v. Arizona is another of the United States Supreme Court's major efforts directed at the protection of individual liberties. The tremendous controversy engendered by the decision prompted the Editorial Board to invite a number of scholars to express their views on the case. These remarks follow a digest of the opinion of the Court.