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2000

Fordham Law School

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Articles 271 - 286 of 286

Full-Text Articles in Law

Welcoming Remarks, John Ferrick Jan 2000

Welcoming Remarks, John Ferrick

Fordham Urban Law Journal

Opening remarks of Dean John Ferrick at the Ninth Annual Stein Center Symposium on the Role of Forgiveness in the Law.

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A Dialogue Concerning Heresies, Jack L. Sammons Jan 2000

A Dialogue Concerning Heresies, Jack L. Sammons

Fordham Urban Law Journal

A modernization of St. Thomas More's famous 1529 "Dialogue Concerning Heresies." A fictional "Judge More" defends the legal profession against the zeal of legal ethicists.

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Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello Jan 2000

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.

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Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla Jan 2000

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.

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Religious Dimensions Of Mediation, F. Matthews-Giba Jan 2000

Religious Dimensions Of Mediation, F. Matthews-Giba

Fordham Urban Law Journal

This article takes an in-depth look at the religious roots of mediation, particularly emphasizing the influence of the Franciscan movement. It also discusses the religious roots of mediation in the United States, various strategies and styles of mediation, the religious motivation for settlement agreements, and multi-cultured mediation.

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Child Access Prevention Laws: Keeping Guns Out Of Our Children's Hands, Rachel Shaffer Jan 2000

Child Access Prevention Laws: Keeping Guns Out Of Our Children's Hands, Rachel Shaffer

Fordham Urban Law Journal

This Note explores the Child Access Prevention ("CAP") law and laws which are generally intended to limit children's access to guns at home. The author proposes a model CAP law that should be enacted in the United States. This Note discusses the evolution of CAP laws and presents for arguments for and against such laws. It delves into the National Rifle Association's ("NRA") powerful influence that improperly prevents CAP laws from being enacted by the federal government. Additionally, it is argued that unless the federal government enacts a CAP law, innocent children will continue to be injure and lose their …

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Institutionalizing Innovation: The New York Drug Court Story, John Feinblatt, Greg Berman, Aubrey Foxx Jan 2000

Institutionalizing Innovation: The New York Drug Court Story, John Feinblatt, Greg Berman, Aubrey Foxx

Fordham Urban Law Journal

The article begins by discussing the problems that drug use is causing in the American Criminal Justice System. The article then discusses the use of "drug courts," which have proven effective in reducing drug use and recidivism. It then looks at the potential benefit of drug courts to the criminal justice system and states some of the questions pertaining to drug courts, such as limits and the requirement of specialized judges. The article concludes by looking at what critics have said about the use of drug courts, and by stating that the drug court idea is worth trying.

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The New Policing, Philip B. Heymann Jan 2000

The New Policing, Philip B. Heymann

Fordham Urban Law Journal

This article explores new forms of policing in New York, Chicago, and Boston. These cities developed new policing strategies that each involves a different combination of problem solving and new forms of "community policing". The article explores whether these developments resulted in crime reduction and changes in belief in the efficacy of policing. The article concludes by considering the costs of the resulting increased security - reduction in democratic control of policing and increased risk to civil liberties.

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Street Stops And Broken Windows: Terry, Race, And Disorder In New York City, Jeffrey Fagan, Garth Davies Jan 2000

Street Stops And Broken Windows: Terry, Race, And Disorder In New York City, Jeffrey Fagan, Garth Davies

Fordham Urban Law Journal

This article explores patterns of police "stop and frisk" activity across New York City neighborhoods. While “Broken Windows” theory may account for higher stop and frisk activity for “quality of life” crimes, the authors suggest neighborhood characteristics like racial composition, poverty levels, and extent of social disorganization are strong predictors of race- and crime-specific stops. The authors consider whether street-stops in various neighborhoods comply with the Terry standard of reasonable suspicion as insight into the social and strategic meaning of policing. Their empirical evidence suggests policing focuses on policing poor people in poor places. Their strategy departs from "Broken Windows" …

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Why Did People Stop Committing Crimes? An Essay About Criminology And Ideology, George L. Kelling Jan 2000

Why Did People Stop Committing Crimes? An Essay About Criminology And Ideology, George L. Kelling

Fordham Urban Law Journal

This essay considers the sharp decline in crime that was observed in 1994 in New York City and across the nation. The author suggests that crime reduction in various areas must be understood in a local context. This article discusses the steps New York City took prior to the observed crime reduction. The essay then discusses how urban renewal projects, weakening institutional control of youth behavior, and highly centralized facilities and strategies of law enforcement may have contributed to the violence of the 1980's. The author concludes that bad social policies contributed to elevated the crime rate and improvement of …

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Why Civil Rights Lawsuits Do Not Deter Police Misconduct: The Conundrum Of Indemnification And A Proposed Solution, Richard Emery, Ilann Margalit Maazel Jan 2000

Why Civil Rights Lawsuits Do Not Deter Police Misconduct: The Conundrum Of Indemnification And A Proposed Solution, Richard Emery, Ilann Margalit Maazel

Fordham Urban Law Journal

This essay argues that indemnification of police officers found liable in civil suits works against deterring officers from future misconduct. The essay explains how the existing indemnification scheme results in tax payers funding these judgments and settlements and explains the mechanisms surrounding representation of a defendant officer and the city's indemnification of a decision. The author suggests a solution that allows for compensation of plaintiffs and deterrence of officers. Under the proposed solution, judges should always allow compensation for plaintiffs but should consider the officer's prior history of misconduct, the disciplinary measures taken against such misconduct, and the defendant's ability …

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Risk Reduction In Office Workplace Encounters Between Newly-Disabled Employees And Management Of New York City Companies, Marta B. Varela Jan 2000

Risk Reduction In Office Workplace Encounters Between Newly-Disabled Employees And Management Of New York City Companies, Marta B. Varela

Fordham Urban Law Journal

This Article describes potential pitfalls for employers arising from the ADA protections afforded to employees with no prior record of disability returning to work after medical certification of a disability requiring accommodation. The Article describes Federal laws protecting disabled employees from unnecessary intrusion in their private lives (such as the Americans with Disabilities Act of 1990, the Family Medical Leave Act of 1993, and the Occupation Health and Safety Act of 1970) and sets out the requirements imposed on employers. The Article also describes New York City disability laws enforced by the New York City Commission on Human Rights. Finally, …

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Developments In Housing Law And Reasonable Accommodations For New York City Residents With Disabilities, John P. Herrion Jan 2000

Developments In Housing Law And Reasonable Accommodations For New York City Residents With Disabilities, John P. Herrion

Fordham Urban Law Journal

This Essay examines the New York Human Rights Law, which prohibits discrimination in the sale or rental of a housing accommodation and provides persons with disabilities the right to request and receive reasonable accommodations from their housing providers. The Essay concludes that the recent interpretation of this law by New York City Commission on Human Rights Law is a move toward protecting the rights of persons with disabilities and removing unnecessary discrimination from their lives.

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Protection Of Domestic Violence Victims Under The New York City Human Rights Law's Provisions Prohibiting Discrimination On The Basis Of Disability, Marta B. Varela Jan 2000

Protection Of Domestic Violence Victims Under The New York City Human Rights Law's Provisions Prohibiting Discrimination On The Basis Of Disability, Marta B. Varela

Fordham Urban Law Journal

This Article analyzes the need to create a new protected class of domestic violence victims to shield them from discrimination in employment. The Article examines arguments for and against proposed legislation to revise the human rights law governing disability, section 8-107 of the New York City Administration Code. The Article concludes that this legislation is unnecessary because the law already provides sufficient protection to domestic violence victims without requiring that victims disclose their domestic violence status to their employers.

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Forgiveness And The Law, Martha Minow Jan 2000

Forgiveness And The Law, Martha Minow

Fordham Urban Law Journal

A discussion of the role of forgiveness in the law, substituting forgiveness for the law, and whether or not the law can or should pursue higher moral ambitions

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Forgiveness And Justice, Benjamin C. Zipursky Jan 2000

Forgiveness And Justice, Benjamin C. Zipursky

Fordham Urban Law Journal

A panel discussion of professors and audience members, discussing whether forgiveness has a place in the law and what that place is. Includes comments by panelists Benjamin C. Zipursky (moderator), Douglas B. Ammar, John Q. Barrett, Frederick W. Gay, David M. Lerman and Margaret Colgate Love, as well as comments and questions from audience members.

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