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Articles 1 - 30 of 35
Full-Text Articles in Law
Loyalt's Reward - A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs
Loyalt's Reward - A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs
Fordham Urban Law Journal
This Article analyzes white-collar female crime and compares several high profile cases to those of regular female offenders. It uses government statistical data on female crime to paint a portrait of the female offender. It then compares the prosecution of "street-level" and white-collar female offenders. The Article discusses the prosecutions of Martha Stewart, Betty, Vinson, and Lea Fastow. The Article argues that these women often share a similar trait of committing the crime out of loyalty to a man engaged in wrong-doing.
Chart Accompanying: An Assessment Of Cross-National Regulatory Burden Comparisons, Thomas D. Hopkins
Chart Accompanying: An Assessment Of Cross-National Regulatory Burden Comparisons, Thomas D. Hopkins
Fordham Urban Law Journal
The Article compares several rankings systems for national regulatory compliance costs. It finds the ranking systems are limited to differentiating between those countries least burdened by regulation from those most burdened by regulation. It concludes the rankings could be an important tool for deciding which countries would be the most promising for regulatory burden reduction initiatives.
Women As Perpetrators: Does Motherhood Have A Reformative Effect On Prostitution? , Lynne Marie Kohm
Women As Perpetrators: Does Motherhood Have A Reformative Effect On Prostitution? , Lynne Marie Kohm
Fordham Urban Law Journal
This article explores whether motherhood may have any restorative effect on prostitution. Section I provides an overview of the crime of prostitution. It analyzes the underlying themes of autonomy, power, authority, and control, and considers whether prostitution is an example of the ultimate loss of these qualities, or an exercise of complete freedom and liberty in autonomy. Section II discusses how motherhood affects the life of a prostitute. It analyzes current social science research and studies and explores maternal responsibilities in terms of potential work interruption, new personal roles, and anxieties associated with the work/family/crime triad. It also considers the …
Sex Before Violence: Girls, Dating Violence, And (Perceived) Sexual Autonomy, Cheryl Hanna
Sex Before Violence: Girls, Dating Violence, And (Perceived) Sexual Autonomy, Cheryl Hanna
Fordham Urban Law Journal
This article explores the phenomenon of girl violence by examining teen dating violence and girls' experiences with intimate abuse both as victims and as perpetrators. While there is a tendency to view women's experiences as victims of violence as separate and distinct from their experiences as victims of violence, the two phenomena are interrelated. A girl's violent victimization can lead her to victimize someone else, just as her own violence can lead her to violent victimization. These conversations about young women and sexual behavior are especially important for lawyers and advocates. While the implementation of legal strategies such as civil …
The Construction Of Pregnant Drug-Using Women As Criminal Perpetrators, Nancy D. Campbell
The Construction Of Pregnant Drug-Using Women As Criminal Perpetrators, Nancy D. Campbell
Fordham Urban Law Journal
Despite clear lack of intent to harm those whom they carry, drug-using pregnant women have been constructed de facto criminal perpetrators. However, drug use falls short of being prima facie evidence of intent to harm, particularly in social circumstances where drug-using economics are endemic. The cases in this article signal the limits of tolerance and the increasingly conditional nature of public welfare provision by raising the specter of a generation of urban mothers - and grandmothers - unable to care for their kids. These cases also reflect the policy-making role into which hospitals and the courts have stepped in the …
Mad Women And Desperate Girls: Infanticide And Child Murder In Law And Myth, Elizabeth Rapaport
Mad Women And Desperate Girls: Infanticide And Child Murder In Law And Myth, Elizabeth Rapaport
Fordham Urban Law Journal
This article first offers a comparison between the stereotype dominated understanding of infanticide and child homicide in the United States and the statistical landscape it obscures. It then turns to the history of the crime of infanticide, a history which confirms that a fascination with deviant women as long dominated the story of infanticide. The article concludes with the exploration of the "Good Mother Defense." That exploration reveals the extent to which the fate of a woman tried for child homicide hinges on whether the jury sees her as a good mother, rather than on the prosecutors' ability to prove …
Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery, Brenda V. Smith
Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery, Brenda V. Smith
Fordham Urban Law Journal
This paper addresses the sexual abuse of women in custody as a more contemporary manifestation of slavery. Part II situates the sexual abuse of women in custody and women slaves in their historical context. Part II also charts the creation of the first penitentiaries in the United States and the "Reform Movement," led by Quaker women who were also involved in the abolition movement, and later in the suffrage movement. It further examines the impact that women's entry into male prisons as workers in the 1970s and 1980s - pursuant to Title VII - had on the sexual abuse of …
Mother Of Atrocities: Pauline Nyiramasuhuko's Role In The Rwandan Genocide, Carrie Sperling
Mother Of Atrocities: Pauline Nyiramasuhuko's Role In The Rwandan Genocide, Carrie Sperling
Fordham Urban Law Journal
This article describes Pauline Nyiramasuhuko's role in the Rwandan genocide and her case before the International Criminal Tribunal for Rwanda (ICTR). It explores a woman's ability to be equally involved in atrocities by exploring Pauline's case. Her case challenges the myth than women, by their nature, are incapable of being warriors, and that somehow their roles as women and mothers prohibit them from planning or participating in depraved violence.
Revisiting Anna Moscowitz's Kross's Critique Of New York City's Women's Court: The Continued Problem Of Solving The "Problem" Of Prostitution With Specialized Criminal Courts, Mae C. Quinn
Fordham Urban Law Journal
This article explores New York City's non-traditional, judicially based response to prostitution. This article first recounts the history of New York City’s Women’s Court. It then examines the work of the Midtown Community Court, the “problem-solving court” established in 1993 to address criminal issues, like prostitution, in Midtown Manhattan. It also discusses the renewed concerns about sex work in New York and describe the movement, propelled by modern reformers, to address prostitution through specialty courts. It then contrasts the shared features and attributes of the Women’s Court and Midtown Court models. Finally, the article urges modern reformers to step back …
Prosecuting Judges For Ethical Violations: Are Criminal Sanctions Constitutional And Prudent, Or Do They Constitute A Threat To Judicial Independence?, Abraham Abramovsky, Jonathan I. Edelstein
Prosecuting Judges For Ethical Violations: Are Criminal Sanctions Constitutional And Prudent, Or Do They Constitute A Threat To Judicial Independence?, Abraham Abramovsky, Jonathan I. Edelstein
Fordham Urban Law Journal
This Article examines the constitutional and practical issues surrounding the prosecutions of judges for ethical violations. The first part of this Article will focus on the Garson prosecution as an example of unwarranted prosecution of judges for violation of ethical codes. The second part examines cases elsewhere in the United States in which judges and other public officials have been prosecuted for violations of ethical codes. Finally, the third part discusses the threats to judicial independence that exist even under the current American legal Framework, as well as the growing tendency to blur the line between civil and criminal liability. …
Miranda, Please Report To The Principal's Office, Meg Penrose
Miranda, Please Report To The Principal's Office, Meg Penrose
Fordham Urban Law Journal
This Article addresses whether Miranda v. Arizona should apply to students interrogated by school officials during school hours. First, the article provides a brief overview of the law of minors and confessions. Next, it considers the increasing law enforcement presence on our school campuses and evaluates how this presence affects the role of school officials. Finally, the high level of cooperation between law enforcement and school officials in criminal law enforcement is considered to determine whether Miranda should apply in the principal's office.
A Lie For A Lie: False Confessions And The Case For Reconsidering The Legality Of Deceptive Interrogation Techniques, Miriam S. Gohara
A Lie For A Lie: False Confessions And The Case For Reconsidering The Legality Of Deceptive Interrogation Techniques, Miriam S. Gohara
Fordham Urban Law Journal
This Article reviews the law on deceptive interrogation practices, discusses empirical evidence of the role police deception plays in eliciting false confessions and argues that the law should circumscribe interrogation techniques that rely on misrepresentation to induce suspects into incriminating themselves. This Article also asserts that there are good policy reasons, in addition to the increasing exposure of wrongful convictions, which should encourage courts and legislators to proscribe the use of deception by law enforcement in a criminal justice system expressly designed to elicit the truth about a crime.
Applying The Laws Of Logic To The Logic Of Laws, Hillel Bavli
Applying The Laws Of Logic To The Logic Of Laws, Hillel Bavli
Fordham Urban Law Journal
The article begins by discussing the difficulties of proving consistency within a formal legal system generally. After establishing the importance of a formalized legal model as a prerequisite of rigorous examination of consistency, it proceeds to investigate issues intrinsic to the current system of law that may prevent formalization of a just legal system as currently conceived. The article argues that flexibility inherent in a just legal system may foreclose the possibility of legal formalization or any comprehensive model thereof. The article concludes, however, that a model whose purpose is the examination of consistency within a system need not necessarily …
Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield
Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield
Fordham Urban Law Journal
This Article recommends that land use and housing policies be marshaled to reduce residential racial segregation and concentrated poverty. It argues secondly, that state legislatures must adopt a coordinated policy approach. This Article uses Oregon's comprehensive land use legislation as a paradigmatic example of policies that effectively promote affordable housing and decrease urban sprawl. Finally, the article discusses nine policies that the author believes are necessary to promote stable metropolitan living patterns.
Managing The Regulatory State: The Experience Of The Bush Administration, John D. Graham, Paul R. Noe, Elizabeth L. Branch
Managing The Regulatory State: The Experience Of The Bush Administration, John D. Graham, Paul R. Noe, Elizabeth L. Branch
Fordham Urban Law Journal
This Article traces the history of Presidential management of the regulatory state up to the administration of President George W. Bush. It focuses on the latter's implementation of "smarter regulation," an approach to regulation based on unfunded mandates on the private sector implemented through the Office of Management and Budget, an organization within the Executive Office of the President. It finds cost-benefit analysis an essential, yet often neglected, tool for implementing efficient and effective regulations. It concludes the policies promoted under President Bush's OMB have effectively cut costs by streamlining the rule-making process and discouraging adopting new federal rules, but …
Monetizing The Benefits Of Risk And Environmental Regulation, W. Kip Viscusi
Monetizing The Benefits Of Risk And Environmental Regulation, W. Kip Viscusi
Fordham Urban Law Journal
The Article responds to the school of thought reflected in the book "Priceless: On Knowing the Price of Everything and the Value of Nothing" that opposes the economists' attempts to monetize the value of environmental amenities and the value of risks to life and health. It applies the value of statistical life ("VSL") concept to regulatory decisions in order to decide whether the adoption of a regulation makes economic sense. VSL measures the value of life, as judged by measuring the amount of risk of injury workers in a particular industry are willing to take on, and the costs associated …
How Much Is That Doggy In The Window? The Inevitably Unsatisfying Duty To Monetize, Adam F. Scales
How Much Is That Doggy In The Window? The Inevitably Unsatisfying Duty To Monetize, Adam F. Scales
Fordham Urban Law Journal
The Article is in response to Professor Kip Viscusi's "Monetizing the Benefits of Risk and Environmental Regulation." It emphasizes several issues Viscusi's "value of a statistical life" (VSL) methodology fails to capture: (1) the distinction and difference in value between willingness to pay for a regulation and willingness to accept; (2) the fact that the many risks, for which regulations have been adopted, are so slight that the value to many is actually the value of not seeing someone else suffer harm in the absence of regulation; (3) real life irrational decision-making does not easily fit into an economic value; …
The Unbearable Lightness Of Regulatory Costs, Frank Ackerman
The Unbearable Lightness Of Regulatory Costs, Frank Ackerman
Fordham Urban Law Journal
The Article counters the presumption that increased environmental regulation necessarily decreases economic prosperity. It analyzes the European chemical regulatory structure and deduces that any costs imposed on the consumer are minimal, and more cost effective than watered-down American regulations covering the same subject matter with approximately the same cost imposed on the consumer-taxpayer. It argues the Office of Management and Budget and regulated industries have consistently overestimated the costs of environmental regulation and promoted the theory that environmental regulation causes factories and jobs to move offshore. It concludes that deregulation may not spur growth.
Statutory Interpretation In The Era Of Oira, Lisa Heinzerling
Statutory Interpretation In The Era Of Oira, Lisa Heinzerling
Fordham Urban Law Journal
The Article is a case study regarding a rule governing cooling water towers for power plants promulgated pursuant to the Clean Water Act ("CWA"). It analyzes the history of the Office of Information and Regulatory Affairs ("OIRA") within the Office of Management and Budget ("OMB"), and its influence in compelling the Environmental Protection Agency ("EPA") to conduct cost-benefit analysis of all regulations. It argues that the EPA should not receive Chevron deference since it has acted illegally by interpreting the CWA not as a technology-based environmental law, but instead as a cost-benefit law.
The Regulatory Flexibility Act At 25: Is The Law Achieving Its Goal?, Keith W. Holman
The Regulatory Flexibility Act At 25: Is The Law Achieving Its Goal?, Keith W. Holman
Fordham Urban Law Journal
The Article traces the issue of lack of representation given small business during rule-making, and the inability of the original Regulatory Flexibility Act (RFA) to adequately address this issue. It argues that the amendment of the RFA by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) has significantly increased small business awareness of and involvement in the regulatory process. It concludes there are several remaining weaknesses to the RFA, and recommends Congress take action to compel all agencies to follow specific procedures for assessing the economic impacts of their regulatory actions on small business.
An Assessment Of Cross-National Regulatory Burden Comparisons, Thomas D. Hopkins
An Assessment Of Cross-National Regulatory Burden Comparisons, Thomas D. Hopkins
Fordham Urban Law Journal
The Article compares several rankings systems for national regulatory compliance costs. It finds the ranking systems are limited to differentiating between those countries least burdened by regulation from those most burdened by regulation. It concludes the rankings could be an important tool for deciding which countries would be the most promising for regulatory burden reduction initiatives.
Resisting Regulation With Blue Ribbon Panels, Thomas O. Mcgarity
Resisting Regulation With Blue Ribbon Panels, Thomas O. Mcgarity
Fordham Urban Law Journal
The Article analyzes the use of blue ribbon panels to resolve complicated scientific issues that frequently arise during regulatory proceedings. In particular, it looks at the case of beryllium in order to illustrate how blue ribbon panels appointed and paid for by industry often lend scientific legitimacy to policy advocacy. It concludes that agencies should partially discount scientific evidence provided by industry appointed blue ribbon panels due to expected bias. However, it finds the agency will confront some difficulty convincing the public of the adequacy of regulations that are in conflict with a well-financed campaign by a regulated entity armed …
Cost-Benefit Analysis: Where Should We Go From Here?, Sally Katzen
Cost-Benefit Analysis: Where Should We Go From Here?, Sally Katzen
Fordham Urban Law Journal
The Article addresses the criticism of cost benefit analysis (CBA). Although it accepts the monetization of costs will generally oppose regulation, it finds CBA is at least close to an objective standard. It argues the results of CBA are informative, but are not dispositive, and often the procedures used in CBA are imperfect. It concludes financial resources should be devoted to retrospective analyses and/or organization studies in order to achieve rational regulatory decision making.
The Role Of The Office Of Information And Regulatory Affairs In Federal Rulemaking, Curtis W. Copeland
The Role Of The Office Of Information And Regulatory Affairs In Federal Rulemaking, Curtis W. Copeland
Fordham Urban Law Journal
The Article describes the role of the Office of Information and Regulatory Affairs (OIRA), an office within the Office of Management and Budget (OMB), in reviewing agencies' draft rules. It emphasizes the dramatic effect each Presidential administration has had on the OIRA's review process, and indirectly on all agency action. It finds OIRA has become a "gatekeeper" with regard to agency action, but mentions that scholarly debate continues as to whether OIRA represents the President's interests exclusively or both the often conflicting interests of Congress and the President.
"Reasonably Predictable:" The Reluctance To Embrace Judicial Discretion For Substantial Assistance Procedures, India Geronimo
"Reasonably Predictable:" The Reluctance To Embrace Judicial Discretion For Substantial Assistance Procedures, India Geronimo
Fordham Urban Law Journal
In United States v. Booker, the Supreme Court held that the Federal Sentencing Guidelines are no longer mandatory, yet still instructed sentencing courts to continue to advise the Guidelines. In light of this expanded judicial discretion, post-Booker cooperation, or 5K1.1, motions made by the government are of particular interest because it can have the potential to increase the court’s power while simultaneously limiting a prosecutor’s discretion by departing from the guidelines without any motion made from the government. While most appellate courts have been reluctant to affirm sentences that have been substantially departed from the guidelines in the absence of …
Subtle But Pervasive: Discrimination Against Mothers & Pregnant Women In The Workplace, Alison A. Reuter
Subtle But Pervasive: Discrimination Against Mothers & Pregnant Women In The Workplace, Alison A. Reuter
Fordham Urban Law Journal
This Comment examines discrimination against mothers in the workplace, including discrimination against women on the basis of pregnancy, childcare, and breast-feeding, and proposes that new legislation is necessary in order to create equal opportunities for men and women, at work and at home. The Parental Discrimination Act (PDA) specifically tries to remedy the embedded assumptions and biases that lie beneath discrimination against pregnant women and mothers. Yet, until the embedded assumptions and biases that form the basis for the current work-family structure are eradicated, women and men will not be able to enjoy equal opportunities both at work and at …
The Death Penalty And The Debate Over The U.S. Supreme Court’S Citation Of Foreign And International Law, Yitzchok Segal
The Death Penalty And The Debate Over The U.S. Supreme Court’S Citation Of Foreign And International Law, Yitzchok Segal
Fordham Urban Law Journal
The appropriateness of using foreign and international law in interpreting the U.S. Constitution has spawned passionate rhetoric and an ever-growing body of literature. Yet, the Supreme Court’s use of foreign and international law in interpreting the Constitution is not itself revolutionary, as the Court has freely drawn on supranational law throughout history. It is not the Court’s mere use of comparative legal sources that has sparked the recent debate, it is the context of these references. The Court has recently cited foreign and international law to support key positions in high-profile cases dealing with hyper-sensitive domestic issues, including the death …
“Special Delivery:” Where Do National Security Letters Fit Into The Fourth Amendment?, Lauren M. Weiner
“Special Delivery:” Where Do National Security Letters Fit Into The Fourth Amendment?, Lauren M. Weiner
Fordham Urban Law Journal
After the terrorist attacks of September 11, 2001, Congress passed the USA PATRIOT Act to aid law enforcement efforts to fight terrorism and broadened the scope of certain investigatory tools. One such tool, National Security Letters (NSLs), gives the government the authority to request certain types of transactional records without requiring judicial pre-approval and without giving the recipient a meaningful method to challenge it. This Comment examines NSLs both in the context of foreign intelligence and domestic criminal investigations and is primarily focused on how to classify NSLs and how to use them in a manner that reduces the potential …
Newfound Religion: Mothers, God, And Infanticide, Susan Ayres
Newfound Religion: Mothers, God, And Infanticide, Susan Ayres
Fordham Urban Law Journal
This essay focuses on cultural constructions of infanticide and psychosis, especially cases in which the mother heard delusional commands to kill her children. Part I examines the background of the Yates, Laney, and Diaz cases. Part II explores whether these mothers can be seen paradoxically as feminist subjects of empowerment rather than as victims. This essay argues that psychotic mothers have been disempowered and silences, so their acts cannot be seen as subversive feminist gestures. Part III, however, argues that the legal trials of Laney and Diaz demonstrate a possible subversion through trial strategy. These two trials more fully told …
A Return To Eyes On The Prize: Litigating Under The Restored New York City Human Rights Law, Craig Gurian
A Return To Eyes On The Prize: Litigating Under The Restored New York City Human Rights Law, Craig Gurian
Fordham Urban Law Journal
The recent enactment of the Local Civil Rights Restoration Act ("Restoration Act") reflects the New York City Council's concern that the City Human Rights Law "has been construed too narrowly." The law explicitly rejects the "carbon copy" theory and seeks an independent construction from similar or identical provisions of New York state or federal statutes. The Restoration Act proceeds along two basic tracks. One track consists of a series of amendments to particular sections of the law. These amendments expand retaliation protection, raise the maximum civil penalties that can be awarded in proceeding brought administratively, protect domestic partners against all …