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Articles 1651 - 1680 of 13354

Full-Text Articles in Law

Open The Jail Cell Doors, Hal: A Guarded Embrace Of Pretrial Risk Assessment Instruments, Glen J. Dalakian Ii Oct 2018

Open The Jail Cell Doors, Hal: A Guarded Embrace Of Pretrial Risk Assessment Instruments, Glen J. Dalakian Ii

Fordham Law Review

In recent years, criminal justice reformers have focused their attention on pretrial detention as a uniquely solvable contributor to the horrors of modern mass incarceration. While reform of bail practices can take many forms, one of the most pioneering and controversial techniques is the adoption of actuarial models to inform pretrial decision-making. These models are designed to supplement or replace the unpredictable and discriminatory status quo of judicial discretion at arraignment. This Note argues that policymakers should experiment with risk assessment instruments as a component of their bail reform efforts, but only if appropriate safeguards are in place. Concerns for …


Where Breaking Glass Ceilings Leads To Glass Walls: Gender-Disparate Managerial Decision-Making Power And Authority, Bina Nayee Oct 2018

Where Breaking Glass Ceilings Leads To Glass Walls: Gender-Disparate Managerial Decision-Making Power And Authority, Bina Nayee

Fordham Law Review

Today, litigation over plainly discriminatory employment practices is much less common than it was in the two decades following Title VII’s enactment as employers have largely reformed practices that most obviously violate employment discrimination law. But many less obvious employment practices, particularly those embedded in implicit bias or unconscious sex stereotyping, remain. One example is employers’ distribution of managerial decision-making power and authority based on assumptions about sex. Although this particular employment practice has not yet been litigated, there is a strong argument that a legal challenge to this practice could succeed. This Note argues that female managers can and …


A Crispr Future For Gene-Editing Regulation: A Proposal For An Updated Biotechnology Regulatory System In An Era Of Human Genomic Editing, Tracey Tomlinson Oct 2018

A Crispr Future For Gene-Editing Regulation: A Proposal For An Updated Biotechnology Regulatory System In An Era Of Human Genomic Editing, Tracey Tomlinson

Fordham Law Review

Recent developments in gene-editing technology have enabled scientists to manipulate the human genome in unprecedented ways. One technology in particular, Clustered Regularly Interspaced Short Pallindromic Repeat (CRISPR), has made gene editing more precise and cost-effective than ever before. Indeed, scientists have already shown that CRISPR can eliminate genes linked to life-threatening diseases from an individual’s genetic makeup and, when used on human embryos, CRISPR has the potential to permanently eliminate hereditary diseases from the human genome in its entirety. These developments have brought great hope to individuals and their families, who suffer from genetically linked diseases. But there is a …


Can A Good Person Be A Good Prosecutor?, Ellen Yaroshefsky Sep 2018

Can A Good Person Be A Good Prosecutor?, Ellen Yaroshefsky

Fordham Law Review Online

Most people who become prosecutors are honest and ethical public servants who take that job for varied reasons including protecting the community, assisting victims of crime, gaining trial experience, or enhancing future employment prospects and long-term political goals. Earnest and hard-working, these prosecutors bristle at the very question of whether a good person can be a good prosecutor. The question though is not about a good person and their motives or ethical compass, but about the role: What does it mean to be a good prosecutor especially in the era of mass incarceration?


The Necessity Of The Good Person Prosecutor, Jessica A. Roth Sep 2018

The Necessity Of The Good Person Prosecutor, Jessica A. Roth

Fordham Law Review Online

In a 2001 essay, Professor Abbe Smith asked the question whether a good person—i.e., a person who is committed to social justice—can be a good prosecutor. Although she acknowledged some hope that the answer to her question could be “yes,” Professor Smith concluded that the answer then was “no”—in part because she saw individual prosecutors generally as having very little discretion to “temper the harsh reality of the criminal justice system.” In this Online Symposium revisiting Professor Smith’s question seventeen years later, my answer to her question is “yes”—a good person can be a good prosecutor.


Revisiting Abbe Smith's Question, "Can A Good Person Be A Good Prosecutor?" In The Age Of Krasner And Sessions, Rebecca Roiphe Sep 2018

Revisiting Abbe Smith's Question, "Can A Good Person Be A Good Prosecutor?" In The Age Of Krasner And Sessions, Rebecca Roiphe

Fordham Law Review Online

In an article published over fifteen years ago, Georgetown Law Professor Abbe Smith argued that one cannot be a good person and a good prosecutor. In other words, if you are concerned with social justice, it would be selfdefeating to work in a prosecutor’s office. With Attorney General Jeff Sessions at the helm, the federal criminal justice system has changed since Smith wrote this article, in many ways for the worse. At the same time, in response to a powerful grass roots movement, the reformist approach to criminal justice has gained some ground. In this oddly polarized context, this essay …


A Defender's Take On "Good" Prosecutors, David E. Patton Sep 2018

A Defender's Take On "Good" Prosecutors, David E. Patton

Fordham Law Review Online

When Professor Abbe Smith asked “Can You Be a Good Person and a Good Prosecutor” in 2001 (and answered it mostly in the negative), she began a conversation that would result in me, a public defender, having to repeatedly answer the question from earnest law students and young lawyers. I haven’t yet forgiven Professor Smith. My first impulse when I’m asked the question is to hand out her home phone number. My second impulse is to answer: “Why are you asking me?” I’m a defense lawyer. Worse still, I am a public defender. I’m not, shall we say, naturally drawn …


Prosecutors Who Police The Police Are Good People, Vida B. Johnson Sep 2018

Prosecutors Who Police The Police Are Good People, Vida B. Johnson

Fordham Law Review Online

In 2001 Professor Abbe Smith asked if a person could be both a good prosecutor and a good person. Her answer was, essentially, “no.” My answer in 2018 is that only a prosecutor who focuses on the powerful, and particularly who is willing to prosecute police who do wrong, can be good.


The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis Sep 2018

The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis

Fordham Law Review Online

In a law review article written seventeen years ago, Professor Abbe Smith asked the question, “Can You Be a Good Person and a Good Prosecutor?” Professor Smith ultimately answered the question in the negative. Whether or not one agreed with her conclusion at the time, today we know that the answer to the question is “Yes.” Anyone who believes that good people cannot be good prosecutors assumes and accepts a model of prosecution based on harsh, punitive policies and practices that incarcerate as many people as possible for as long as possible. Unfortunately, that unjust model of prosecution is the …


Good Person, Good Prosecutor In 2018, Abbe Smith Sep 2018

Good Person, Good Prosecutor In 2018, Abbe Smith

Fordham Law Review Online

Nearly twenty years ago, I wrote an essay on the ethics of prosecution in a time of mass incarceration called “Can You Be a Good Person and a Good Prosecutor?”1 I am both pleased and perplexed that the essay, which caused some controversy at the time, continues to strike a chord—at least with the organizers of this online conversation. I appreciate the invitation to weigh in on whether you can be a good person and a good prosecutor in 2018.


Foreword: Can A Good Person Be A Good Prosecutor, Bruce A. Green Sep 2018

Foreword: Can A Good Person Be A Good Prosecutor, Bruce A. Green

Fordham Law Review Online

In 2001, Abbe Smith asked provocatively whether you can simultaneously be a good person and a good prosecutor, and she concluded that you cannot. The following online symposium, hosted by the Fordham Law Review Online, revisits Abbe Smith’s question. Even if she was right in 2001, is the answer the same seventeen years later? The problems of criminal justice in this country have in many ways gotten worse. But at the same time, one might argue, there is broader public acknowledgment of these problems, which has led to social movements such as the Innocence Movement and Black Lives Matter that …


Cumulative Faculty Bibliography Through 2009, Fordham Law School Library Sep 2018

Cumulative Faculty Bibliography Through 2009, Fordham Law School Library

Faculty Bibliography

Cumulative Faculty Bibliography Through 2009


Fordham Law Women: Past, Present, Future, Fordham Law School Sep 2018

Fordham Law Women: Past, Present, Future, Fordham Law School

Ephemera

Postcard for 100 Years of Women at Fordham Law kickoff event held at New-York Historical Society, September 12, 2018.


Fordham Law Women: Past, Present, Future: Program, Fordham Law School Sep 2018

Fordham Law Women: Past, Present, Future: Program, Fordham Law School

Ephemera

Program for 100 Years of Women at Fordham Law kickoff event at New-York Historical Society, September 12, 2018.


Closing Remarks, William Kovacic Sep 2018

Closing Remarks, William Kovacic

Fordham Competition Law Institute

No abstract provided.


Panel 2: Managing Multijurisdictional Risks And Issues: A Dialogue With In-House Counsel And Enforcers, Sharis Pozen, John Blood, João Paulo De Resende, Gail Levine, Andreas Mundt Sep 2018

Panel 2: Managing Multijurisdictional Risks And Issues: A Dialogue With In-House Counsel And Enforcers, Sharis Pozen, John Blood, João Paulo De Resende, Gail Levine, Andreas Mundt

Fordham Competition Law Institute

No abstract provided.


Panel 1: Merger Enforcement Around The Globe, Deborah Feinstein, John Davies, D. Bruce Hoffman, Carles Esteva Mosso, Howard Shelanski Sep 2018

Panel 1: Merger Enforcement Around The Globe, Deborah Feinstein, John Davies, D. Bruce Hoffman, Carles Esteva Mosso, Howard Shelanski

Fordham Competition Law Institute

No abstract provided.


Morning Session Keynote Remarks, Andrea Coscelli Sep 2018

Morning Session Keynote Remarks, Andrea Coscelli

Fordham Competition Law Institute

No abstract provided.


Panel 3: Emerging Issues In Competition Law And Health Care, D. Daniel Sokol, Reiko Aoki, Fiona Carlin, Scott Hemphill, Steven C. Sunshine Sep 2018

Panel 3: Emerging Issues In Competition Law And Health Care, D. Daniel Sokol, Reiko Aoki, Fiona Carlin, Scott Hemphill, Steven C. Sunshine

Fordham Competition Law Institute

No abstract provided.


Panel 2: All Things Vertical: Divergence Or Convergence?, Douglas H. Ginsburg, Jeffrey C. Bank, Jean-François Bellis, Isabelle De Silva, Nils Wahl Sep 2018

Panel 2: All Things Vertical: Divergence Or Convergence?, Douglas H. Ginsburg, Jeffrey C. Bank, Jean-François Bellis, Isabelle De Silva, Nils Wahl

Fordham Competition Law Institute

No abstract provided.


Panel 1: Antitrust And Populism, Eleanor M. Fox, Herbert Hovenkamp, Frédéric Jenny, Mario Monti, Joseph Stiglitz Sep 2018

Panel 1: Antitrust And Populism, Eleanor M. Fox, Herbert Hovenkamp, Frédéric Jenny, Mario Monti, Joseph Stiglitz

Fordham Competition Law Institute

No abstract provided.


Introductions; Keynote; Enforcement Of Competition Rules In The European Union: The Globalized Economy In The Digital Age, James Keyte, Makan Delrahim, Johannes Laitenberger Sep 2018

Introductions; Keynote; Enforcement Of Competition Rules In The European Union: The Globalized Economy In The Digital Age, James Keyte, Makan Delrahim, Johannes Laitenberger

Fordham Competition Law Institute

No abstract provided.


Panel 4: Structural Modeling And Antitrust Current And Future Applications, James Keyte, Arthur Burke, Ariel Pakes, Kenneth B. Schwartz, Ali Yurukoglu Sep 2018

Panel 4: Structural Modeling And Antitrust Current And Future Applications, James Keyte, Arthur Burke, Ariel Pakes, Kenneth B. Schwartz, Ali Yurukoglu

Fordham Competition Law Institute

No abstract provided.


Panel 3: The Amex Decision: What’S Next?, Michael Cragg, David Evans, Barry Nigro, Chul Pak Sep 2018

Panel 3: The Amex Decision: What’S Next?, Michael Cragg, David Evans, Barry Nigro, Chul Pak

Fordham Competition Law Institute

No abstract provided.


Luncheon Address, Maureen Ohlhausen Sep 2018

Luncheon Address, Maureen Ohlhausen

Fordham Competition Law Institute

No abstract provided.


Panel 1: What Can We Learn From Merger Retrospectives?, Mary Coleman, Bruce Kobayashi, Leslie Overton, Lee Van Voorhis, Benjamin Wagner Sep 2018

Panel 1: What Can We Learn From Merger Retrospectives?, Mary Coleman, Bruce Kobayashi, Leslie Overton, Lee Van Voorhis, Benjamin Wagner

Fordham Competition Law Institute

No abstract provided.


Welcoming Remarks, Panel 1: Merger Remedies, James Keyte, David Weiskopf, Mark Israel, Aditi Mehta, Alex Okuliar, Sonia Pfaffenroth Sep 2018

Welcoming Remarks, Panel 1: Merger Remedies, James Keyte, David Weiskopf, Mark Israel, Aditi Mehta, Alex Okuliar, Sonia Pfaffenroth

Fordham Competition Law Institute

No abstract provided.


Fordham Lawyer, No. 15 - Fall 2018, Fordham Law Alumni Association, Fordham Law School Sep 2018

Fordham Lawyer, No. 15 - Fall 2018, Fordham Law Alumni Association, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.


Community/College Connections, Jennifer Dixon Aug 2018

Community/College Connections, Jennifer Dixon

Staff Publications

No abstract provided.


Letter From A New Jersey Supporter To Geraldine Ferraro. Includes Data Entry Sheet., Geraldine Ferraro Jul 2018

Letter From A New Jersey Supporter To Geraldine Ferraro. Includes Data Entry Sheet., Geraldine Ferraro

New Jersey

Letter from a New Jersey supporter to Geraldine Ferraro. Includes data entry sheet.