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Articles 1 - 30 of 36
Full-Text Articles in Entire DC Network
Beyond Citizens United, Nicholas Almendares, Catherine Hafer
Beyond Citizens United, Nicholas Almendares, Catherine Hafer
Fordham Law Review
The doctrine announced in Citizens United rendered most efforts to regulate campaign financing unconstitutional. We argue, however, that the doctrine allows for a novel approach to the concerns inherent in campaign financing that does not directly infringe on political speech, because it operates later in the process, after the election. This approach allows us to address a broad range of these issues and to do so with legal tools that are readily available. We describe two applications of our approach in this Article. First, we argue that courts should use a modified rational basis review when a law implicates the …
The Hatch Act Modernization Act: Putting The Government Back In Politics, Shannon D. Azzaro
The Hatch Act Modernization Act: Putting The Government Back In Politics, Shannon D. Azzaro
Fordham Urban Law Journal
No abstract provided.
Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff
Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff
Fordham Urban Law Journal
No abstract provided.
Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise
Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise
Fordham Urban Law Journal
No abstract provided.
The Right To An Education Or The Right To Shop For Schooling: Examining Voucher Programs In Relation To State Constitutional Guarantees, Julie F. Mead
The Right To An Education Or The Right To Shop For Schooling: Examining Voucher Programs In Relation To State Constitutional Guarantees, Julie F. Mead
Fordham Urban Law Journal
No abstract provided.
Legal Aspects Of Charter School Oversight: Evidence From California, Kelsey W. Mayo
Legal Aspects Of Charter School Oversight: Evidence From California, Kelsey W. Mayo
Fordham Urban Law Journal
No abstract provided.
Searching For Equity Amid A System Of Schools: The View From New Orleans, Robert Garda
Searching For Equity Amid A System Of Schools: The View From New Orleans, Robert Garda
Fordham Urban Law Journal
No abstract provided.
Apples-To-Fish: Public And Private Prison Cost Comparisons, Alex Friedmann
Apples-To-Fish: Public And Private Prison Cost Comparisons, Alex Friedmann
Fordham Urban Law Journal
No abstract provided.
Has All Heck Broken Loose? Examining Heck's Favorable-Termination Requirement In The Second Circuit After Poventud V. City Of New York, John P. Collins
Has All Heck Broken Loose? Examining Heck's Favorable-Termination Requirement In The Second Circuit After Poventud V. City Of New York, John P. Collins
Fordham Urban Law Journal
No abstract provided.
Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram
Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram
Fordham Urban Law Journal
One of the frequently criticized aspects of American mass incarceration, privatized incarceration, is frequently considered worse, by definition, than public incarceration for both philosophical ethical reasons and because its for-profit structure creates a disincentive to invest in improving prison conditions. Relying on literature about the neoliberal state and on insights from public choice economics, this Article sets out to challenge the distinction between public and private incarceration, making two main arguments: piecemeal privatization of functions, utilities, and services within state prisons make them operate more like private facilities, and public actors respond to the cost/benefit pressures of the market just …
Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman Jr., Carol J. Greenhouse
Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman Jr., Carol J. Greenhouse
Fordham Urban Law Journal
No abstract provided.
Judicial Constructions: Modernity, Economic Liberalization, And The Urban Poor In India, Priya S. Gupta
Judicial Constructions: Modernity, Economic Liberalization, And The Urban Poor In India, Priya S. Gupta
Fordham Urban Law Journal
Comparative legal research in property and urban planning law has taken an increasing interest in the policy patterns and legal arguments that municipal bodies and courts employ in the implementation of often radical urban reconfiguration. Aided by geographers, sociologists, and political economists, comparative property law scholars have begun to unearth the justificatory frameworks that underlie and shape these changes in metropolitan urban landscapes and that reveal an interplay between tangible and immediate modes of political constituencies’ interest navigation on the one hand, and deep-seated cultural-historical motivations as well as commitments to transnational strategic and political loyalties, on the other. These …
No Vengeance For 'Revenge Porn' Victims: Unraveling Why This Latest Female-Centric, Intimate-Partner Offense Is Still Legal, And Why We Should Criminalize It, Sarah Bloom
Fordham Urban Law Journal
No abstract provided.
Democratic Deliberation In The Wild: The Mcgill Online Design Studio And The Regulation Room Project, Cynthia Farina, Hoi Kong, Cheryl Blake, Mary Newhart
Democratic Deliberation In The Wild: The Mcgill Online Design Studio And The Regulation Room Project, Cynthia Farina, Hoi Kong, Cheryl Blake, Mary Newhart
Fordham Urban Law Journal
Although there is no single unified conception of deliberative democracy, the generally accepted core thesis is that democratic legitimacy comes from authentic deliberation on the part of those affected by a collective decision. This deliberation must occur under conditions of equality, broadmindedness, reasonableness, and inclusion. In exercises such as National Issue forums, citizen juries, and consensus conferences, deliberative practitioners have shown that careful attention to process design can enable ordinary citizens to engage in meaningful deliberation about difficult public policy issues. Typically, however, these are closed exercises—that is, they involve a limited number of participants, often selected to achieve a …
Why Properly Policing A Movement Matters: A Response To Alafair Burke’S Policing, Protestors, And Discretion, Lenese Herbert
Why Properly Policing A Movement Matters: A Response To Alafair Burke’S Policing, Protestors, And Discretion, Lenese Herbert
Fordham Urban Law Journal
No abstract provided.
Crime, Surveillance, And Communities, Bennett Capers
Crime, Surveillance, And Communities, Bennett Capers
Fordham Urban Law Journal
We have become a surveillance state. Cameras—both those controlled by the state, and those installed by private entities—watch our every move, at least in public. For the most part, courts have deemed this public surveillance to be beyond the purview of the Fourth Amendment, meaning that it goes largely unregulated—a cause for alarm for many civil libertarians. This Article challenges these views and suggests that we must listen to communities in thinking about cameras and other surveillance technologies. For many communities, public surveillance not only has the benefit of deterring crime and aiding in the apprehension of criminals. It can …
Policing, Protestors, And Discretion, Alafair Burke
Policing, Protestors, And Discretion, Alafair Burke
Fordham Urban Law Journal
No abstract provided.
A National Model Faces New Challenges: The New York City Campaign Finance System And The 2013 Elections, Janos Marton
A National Model Faces New Challenges: The New York City Campaign Finance System And The 2013 Elections, Janos Marton
Fordham Urban Law Journal
No abstract provided.
Empowering Small Donors: New York City’S Multiple Match Public Financing As A Model For A Post-Citizens United World, Amy Loprest, Bethany Perskie
Empowering Small Donors: New York City’S Multiple Match Public Financing As A Model For A Post-Citizens United World, Amy Loprest, Bethany Perskie
Fordham Urban Law Journal
No abstract provided.
Dark Money Rises: Federal And State Attempts To Rein In Undisclosed Campaign-Related Spending, Kristy Eagan
Dark Money Rises: Federal And State Attempts To Rein In Undisclosed Campaign-Related Spending, Kristy Eagan
Fordham Urban Law Journal
No abstract provided.
Campaign Finance Advisory Opinions At The State Level, Allen Dickerson, Zac Morgan
Campaign Finance Advisory Opinions At The State Level, Allen Dickerson, Zac Morgan
Fordham Urban Law Journal
No abstract provided.
Introduction, Martin E. Connor
The Public’S Right To Know Versus Compelled Speech: What Does Social Science Research Tell Us About The Benefits And Costs Of Campaign Finance Disclosure In Non-Candidate Elections?, Dick Carpenter, Jeffrey Milyo
The Public’S Right To Know Versus Compelled Speech: What Does Social Science Research Tell Us About The Benefits And Costs Of Campaign Finance Disclosure In Non-Candidate Elections?, Dick Carpenter, Jeffrey Milyo
Fordham Urban Law Journal
No abstract provided.
Saving Democracy: A Blueprint For Reform In The Post-Citizens United Era, Jocelyn Benson
Saving Democracy: A Blueprint For Reform In The Post-Citizens United Era, Jocelyn Benson
Fordham Urban Law Journal
Since the founding of our democracy, attempts to curb the influence of money in the political process consistently fall short of their goal. In fact, a growing number of cynics see campaign finance reform—or any effort to reduce the impact of money in the political process—as inherently doomed to fail. With the recent dearth of meaningful campaign finance reform on the federal level in the post-Citizens United era, reform advocates must look to the states to explore and enact changes to the law that will promote a healthier role for money in politics. This Article reviews efforts to reform government …
Resisting Commercialism, Rakesh K. Anand
Resisting Commercialism, Rakesh K. Anand
Fordham Urban Law Journal
No abstract provided.
Legalism And Devolution Of Power In The Public Sphere: Reflections On Occupy Wall Street, Zephyr Teachout
Legalism And Devolution Of Power In The Public Sphere: Reflections On Occupy Wall Street, Zephyr Teachout
Fordham Urban Law Journal
No abstract provided.
The Great Gun Control War Of The Twentieth Century—And Its Lessons For Gun Laws Today, David B. Kopel
The Great Gun Control War Of The Twentieth Century—And Its Lessons For Gun Laws Today, David B. Kopel
Fordham Urban Law Journal
No abstract provided.
Gun Control After Heller And Mcdonald: What Cannot Be Done And What Ought To Be Done, Gary Kleck
Gun Control After Heller And Mcdonald: What Cannot Be Done And What Ought To Be Done, Gary Kleck
Fordham Urban Law Journal
No abstract provided.
Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb
Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb
Fordham Urban Law Journal
No abstract provided.
Chronicle Of A Local Crisis Foretold—Lessons From Israel, Omer Kimhi
Chronicle Of A Local Crisis Foretold—Lessons From Israel, Omer Kimhi
Fordham Urban Law Journal
No abstract provided.