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Articles 181 - 195 of 195
Full-Text Articles in Law
Report On The Debate Over Whether There Should Be An Exception To Confidentiality For Rectifying A Crime Or Fraud, Maria Helen Bainor, Nancy Batterman
Report On The Debate Over Whether There Should Be An Exception To Confidentiality For Rectifying A Crime Or Fraud, Maria Helen Bainor, Nancy Batterman
Fordham Urban Law Journal
The Model Rules of Professional Conduct fail to provide lawyers with adequate guidance for dealing with situations in which a client has used the lawyer's services to perpetuate a fraud. He Model Rules do not discuss confidentiality in cases of client-committed fraud at all, and the provided exceptions to the confidentiality requirement do little to help attorney's deal with past frauds committed by a client with the unwitting aid of the attorney. The Model Rules should be amended to authorize disclosure of client confidences to rectify a crime or fraud when the lawyer's services have been used in the commission …
The Community Reinvestment Act: Good Intentions Headed In The Wrong Direction, Lawrence J. White
The Community Reinvestment Act: Good Intentions Headed In The Wrong Direction, Lawrence J. White
Fordham Urban Law Journal
The Community Reinvestment Act of 1977 (“CRA” or “the Act”) places an obligation on commercial banks and savings and loan associations (“S&Ls”) and savings banks (together with S&Ls, frequently described as “thrifts”) to meet the credit needs of the local communities in which they are chartered consistent with the safe and sound operation of such institutions. The Act offers no greater precision for these phrases, and the task of fleshing them out and enforcing them has been left to the bank and thrift regulatory agencies. This article argues that the CRA approach is fundamentally flawed. It is either redundant (because …
A Guide To Enforcing The Community Reinvestment Act, Richard Marisco
A Guide To Enforcing The Community Reinvestment Act, Richard Marisco
Fordham Urban Law Journal
The Community Reinvestment Act (“CRA”) represents a continuing, affirmative obligation on banks to meet the credit needs of their communities — including low and moderate income neighborhoods — by providing appropriate credit products and deposit services. Federal regulators have been hesitant to enforce the CRA aggressively, and community based organizations (“CBO’s”) have taken the lead in using the CRA to improve bank lending in low and moderate income communities. A combination of recent legislation and social developments ensure an increase in the CBO’s CRA enforcement activity. This Guide’s purpose is twofold. The first is to catalogue and analyze the decisions, …
Can You Have Your Cake And Eat It Too? Ratification Of Releases Of Adea Claims, Lisa M. Imbrogno
Can You Have Your Cake And Eat It Too? Ratification Of Releases Of Adea Claims, Lisa M. Imbrogno
Fordham Urban Law Journal
Troubled economic conditions exacerbate acts of employment discrimination. It is a common concern that employers will replace their older, more expensive workers with younger employees who will work at lower salaries. The Age Discrimination in Employment Act ("ADEA") was enacted by Congress to combat age discrimination against workers forty years of age and over. This Note focuses on one issue that has arisen out of the ADEA -- employers' use of waivers through which employees agree to release employers from any age discrimination claims in exchange for additional severance pay and benefits. Specifically, this Note analyzes whether an employee who …
Kinship Foster Care: A Relatively Permanent Solution, Marla Gottlieb Zwas
Kinship Foster Care: A Relatively Permanent Solution, Marla Gottlieb Zwas
Fordham Urban Law Journal
Kinship foster care is intended to provide substantially the same standard of care as children receive in placement with unrelated foster parents. In practice, however, the two differ enormously in New York City. Frequently, agencies place foster children in the homes of relatives with little regard for the adequacy of those homes. This Note evaluates the existing kinship foster care system, and examines the possibility of addressing the program's problems by creating a new legislative category for kinship guardians.
The Urban Criminal Justice System Can Be Fair, Charles J. Hynes
The Urban Criminal Justice System Can Be Fair, Charles J. Hynes
Fordham Urban Law Journal
This essay contains perspectives on fairness in the criminal justice system. It is written by a prosecutor with experience in an urban setting. He touches on topics such as racism, jury selection, the Rodney King case, the Howard Beach Case.
What Is A "Fair" Reponse To Juvenile Crime?, Susan K. Knipps
What Is A "Fair" Reponse To Juvenile Crime?, Susan K. Knipps
Fordham Urban Law Journal
The question of how to deal fairly and effectively with the problem of juvenile crime has long perplexed the public and policy makers. The current juvenile justice system in New York State reflects this uncertainty -- as it simultaneously employs two completely different models for the adjudication of juveniles accused of unlawful acts. The first model emphasizes the provision of rehabilitative services for delinquent youth through noncriminal proceedings in the Family Court. The second model stresses the use of punitive sanctions in the adult criminal courts for more serious juvenile offenders. To begin to sort through these models, this Essay …
Jails And Prisons -- Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan
Jails And Prisons -- Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan
Fordham Urban Law Journal
The resurgence of tuberculosis (TB) in urban areas has direct and alarming consequences within the criminal justice system. Lock-up facilities, jails and prisons are TB breeding grounds. TB strikes with vengeance in populations with physical vulnerabilities caused by alcoholism, drug addiction, malnutrition, and HIV/AIDS and other immune-suppressing conditions. This Essay argues that it is time for New York State to reevaluate the mandatory sentencing laws and restrictions on plea bargaining. The interaction of HIV disease and TB offers a striking example of why justice is not served by binding the judiciary's hands. This Essay provides a medical overview of HIV …
A Moral Standard For The Prosecutor's Exercise Of The Charging Discretion, Bennett L. Gershman
A Moral Standard For The Prosecutor's Exercise Of The Charging Discretion, Bennett L. Gershman
Fordham Urban Law Journal
The prosecutor's decision to institute criminal charges is the broadest and least regulated power in American criminal law. The judicial deference shown to prosecutors generally is most noticeable with respect to the charging function. This Essay discusses three hypothetical cases that present both realistic and recurring challenges to the prosecutor's charging power. The first case depends on a factual determination of a witness's reliability. The second case depends on a factual determination of the witness's truthfulness. The third case revolves around a legal determination regarding the applicability of a defense. Together, these cases provide a setting in which a moral …
Should Judges Consider The Demographics Of The Jury Pool In Deciding Change Of Venue Application?, Peter M. Kougasian
Should Judges Consider The Demographics Of The Jury Pool In Deciding Change Of Venue Application?, Peter M. Kougasian
Fordham Urban Law Journal
This Essay considers the narrow question of whether, in changing venue, a court ought in principle to consider the demographic diversity of the venue. Deciding this issue require consideration of two preliminary questions: what is an impartial jury? And what role, if any, does racial diversity play in empaneling an impartial jury? The Rodney King trial raises questions about the dynamics of the jury panel, rather than the qualifications of individual jurors. After the Rodney King verdict, the Court's reasoning in the Batson line of cases seems naive for two reasons. First, the Court's faith in the ability of voire …
The Urban Criinal Justice System & The Juror's Perception, David Lewis
The Urban Criinal Justice System & The Juror's Perception, David Lewis
Fordham Urban Law Journal
The criminal justice system is anchored in its belief that twelve citizens are capable of working together to sift through the most difficult and complicated information without any preconception or bias to arrive at a "just" result. In this essay, the author explores the diverse perceptions the various actors in a courtroom (prosecutor, defense lawyer, police officer, jurors) and discusses how these views form an integral part of the courtroom dynamic.
"A Good Murder", Leigh B. Bienen
"A Good Murder", Leigh B. Bienen
Fordham Urban Law Journal
People are profoundly interested in crimes because the law and legal punishments are supposed to address the fundamental human craving for justice. Courts are embedded in this system of law because we do not rust individuals alone or groups to judge fairly. This essay will describe a pattern which emerged when researchers examined all homicide cases in the state of New Jersey during the years immediately after the reimposition of capital punishment in 1982. Particularly relevant is the pattern of capital punishment for urban and suburban murders, and how those cases were regarded by law enforcement, the media, and the …
Urban Criminal Justice: No Fairer Than The Larger Society, Joanne Page
Urban Criminal Justice: No Fairer Than The Larger Society, Joanne Page
Fordham Urban Law Journal
This Essay reflects the author's personal perspective on the fairness of the criminal justice system. She argues that the key to assessing the fairness of the system is to examine it, not in isolation, but within a larger social context. The criminal justice system is part of the larger society, shares its values and is shaped by its allocation of resources. The criminal justice system is consistent with the values of that larger society: It treats the lives of poor people and people of color as being of inferior worth, skewing its intervention toward control and punishment rather than toward …
The Urban Criminal Justice System: Where Young + Black + Male = Probable Cause, Elizabeth A. Gaynes
The Urban Criminal Justice System: Where Young + Black + Male = Probable Cause, Elizabeth A. Gaynes
Fordham Urban Law Journal
We live in a country where one out of four young African-American men is under some form of custodial supervision. In our nation's capital, seven out of ten African-American men can anticipate being arrested and jailed at least once before reaching the age of thirty-five. We live in a city where a black man between the ages of fifteen and twenty-four is far more likely to die of homicide than all other causes combined. The official response to the problem of urban crime by minority youth has been prison, prison, and more prison. This essay provides an overview and examples …
State Of New York Temporary State Commission On Local Government Ethics Final Report
State Of New York Temporary State Commission On Local Government Ethics Final Report
Fordham Urban Law Journal
The New York Temporary State Commission on Local Government Ethics was constituted in 1987 in response to several ethics scandals in New York City government. The commission was tasked primarily with aiding local governments in evaluating and revising their own ethics standards, and with proposing new municipal ethics legislation for the State of New York. The commission's proposal for local ethics reform rested on the propositions that most local officials are honest and ethical; that local governments are heavily dependent on volunteers; that local government ethics must be enforced at the local level; that ethics rules must be reasonable, sensible, …