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Full-Text Articles in Law
Every Day Is A Good Day For A Judge To Lay Down His Professional Life For Justice , Jack B. Weinstein
Every Day Is A Good Day For A Judge To Lay Down His Professional Life For Justice , Jack B. Weinstein
Fordham Urban Law Journal
This article discusses the notion that a judge’s obligation to obey precedent should, if circumstances require, be overridden in an effort to oppose gross injustices and violations. Even in the face of critisicim and outrage, judges, because of their intimate knowledge of the system and unique vantage point, have a duty to speak out against any law that they find morally repugnant and to expose injustices wherever they can. The article analyses the various actions that judges may take to avoid enforcing laws that they believe to be fundamentally unjust, including the option of resignation and the power of lower …
Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr.
Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr.
Fordham Urban Law Journal
This article discusses the role of forgiveness in the criminal justice system, and explores related concepts of empathy, restorative justice, and truth and reconciliation.
Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator)
Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator)
Fordham Urban Law Journal
A discussion of the role of forgiveness in criminal law, and the extent to which forgiveness should impact prosecutorial discretion. Includes a question and answer session with audience.
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Fordham Urban Law Journal
A discussion of the President's ability to grant Federal Pardons, and the moral and political factors which influence the exercise of that power. The article proposes that the President has a duty to pardon, not so much as to do justice in particular cases, but to be merciful as a more general obligation of office.
When Victims Seek Closure: Forgiveness, Vengeance And The Role Of Government, Susan Bandes
When Victims Seek Closure: Forgiveness, Vengeance And The Role Of Government, Susan Bandes
Fordham Urban Law Journal
This article discusses the role of victims and their families in the sentencing of criminal defendants, including the emotional and ethical components of victims' desires to achieve justice and closure.
Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello
Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello
Fordham Urban Law Journal
This article discusses the role of forgiveness in criminal law, focusing specifically on the nature of forgiveness, how and when society should forgive wrongdoers, and the nature of punishment.
Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle
Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle
Fordham Urban Law Journal
This article discusses the psychological meaning of forgiveness and its relation to the criminal justice system. Includes a discussion of the four phases of the development progression of forgiveness.
Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla
Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla
Fordham Urban Law Journal
This article is a response to Panel on Forgiveness in Criminal Law, and attempts to answer the following questions: Is there room for forgiveness in the criminal courts? If so, how does forgiveness manifest itself there? The article explores this issue in terms of the opportunities for forgiveness provided by "problem-solving" courts.
Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman
Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman
Fordham Urban Law Journal
This essay advocates the role of forgiveness within the criminal justice system, particularly from a prosecutor's perspective, and discusses common impediments to its increased presence and the leadership needed to allow it to develop within the system.
Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr.
Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr.
Fordham Urban Law Journal
This article discusses the role of forgiveness in the criminal justice system, and explores related concepts of empathy, restorative justice, and truth and reconciliation.
Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator)
Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator)
Fordham Urban Law Journal
A discussion of the role of forgiveness in criminal law, and the extent to which forgiveness should impact prosecutorial discretion. Includes a question and answer session with audience.
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Fordham Urban Law Journal
A discussion of the President's ability to grant Federal Pardons, and the moral and political factors which influence the exercise of that power. The article proposes that the President has a duty to pardon, not so much as to do justice in particular cases, but to be merciful as a more general obligation of office.
When Victims Seek Closure: Forgiveness, Vengeance And The Role Of Government, Susan Bandes
When Victims Seek Closure: Forgiveness, Vengeance And The Role Of Government, Susan Bandes
Fordham Urban Law Journal
This article discusses the role of victims and their families in the sentencing of criminal defendants, including the emotional and ethical components of victims' desires to achieve justice and closure.
Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello
Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello
Fordham Urban Law Journal
This article discusses the role of forgiveness in criminal law, focusing specifically on the nature of forgiveness, how and when society should forgive wrongdoers, and the nature of punishment.
Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla
Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla
Fordham Urban Law Journal
This article is a response to Panel on Forgiveness in Criminal Law, and attempts to answer the following questions: Is there room for forgiveness in the criminal courts? If so, how does forgiveness manifest itself there? The article explores this issue in terms of the opportunities for forgiveness provided by "problem-solving" courts.
Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle
Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle
Fordham Urban Law Journal
This article discusses the psychological meaning of forgiveness and its relation to the criminal justice system. Includes a discussion of the four phases of the development progression of forgiveness.
Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman
Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman
Fordham Urban Law Journal
This essay advocates the role of forgiveness within the criminal justice system, particularly from a prosecutor's perspective, and discusses common impediments to its increased presence and the leadership needed to allow it to develop within the system.
Why Should Prosecutors "Seek Justice"?, Bruce A. Green
Why Should Prosecutors "Seek Justice"?, Bruce A. Green
Fordham Urban Law Journal
This article discusses how prosecutors should conduct themselves in light of the principle that has traditionally ben thought to define the prosecutor's professional ethos: "the duty to seek justice." Part I sketches the outlines of this concept, both historically and in its contemporary incarnation. Part II offers two reasons for asking why prosecutors should seek justice. Part III examines alternative justifications for the duty--first, that the duty derives from prosecutors' extraordinary power, and second, that the duty derives from their role on behalf of a sovereign whose own interest is in achieving justice--and explains why the second provides the more …
City Versus Countryside: Environmental Equity In Context, A. Dan Tarlock
City Versus Countryside: Environmental Equity In Context, A. Dan Tarlock
Fordham Urban Law Journal
This Article takes an approach to the problem of environmental equity that is different from the remedies advocated by the leaders of the environmental equity movement. The plea that the benefits of environmental protection be extended to all groups in society is, of course, a legitimate one, but the movement is too narrowly focused and its aims are too modest. I dissent from the two central premises held by environmental equity advocates. First, the movement assumes that judicially recognized and enforced rights will lead to improved public health. Second, the movement asserts that disadvantaged communities should adopt a “Not in …
Book Review: Denial Of Justice: Criminal Process In The United States, Thomas G. Roth
Book Review: Denial Of Justice: Criminal Process In The United States, Thomas G. Roth
Fordham Urban Law Journal
Thomas G. Roth reviews Denial of Justice: Criminal Process in the United States by Lloyd L. Weinreb. In his book, Lloyd L. Weinreb argues persuasively that American criminal process not only falls short of being the best there is, but it denies us a system which we can properly call "just." Weinreb's work is divided into two sections. The first part, which comprises the bulk of the book, explains how criminal process works and, more significantly, how it has failed to achieve effectively the goals for which it was developed. In the second part, he describes in general theory an …