Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (571)
- Criminal Law (72)
- Constitutional Law (64)
- International Law (37)
- Criminal Procedure (23)
-
- Civil Rights and Discrimination (20)
- Intellectual Property Law (20)
- State and Local Government Law (18)
- Courts (17)
- First Amendment (17)
- Environmental Law (15)
- Second Amendment (15)
- Law and Society (14)
- Law and Politics (13)
- Communications Law (11)
- Entertainment, Arts, and Sports Law (11)
- Internet Law (11)
- Law Enforcement and Corrections (11)
- Legal History (10)
- Legislation (10)
- Human Rights Law (9)
- Legal Ethics and Professional Responsibility (9)
- Supreme Court of the United States (9)
- Computer Law (8)
- Immigration Law (8)
- Land Use Law (8)
- Administrative Law (7)
- Public Law and Legal Theory (7)
- Accounting Law (6)
- Labor and Employment Law (6)
- Keyword
-
- Constitution (18)
- Ethics (12)
- Terrorism (12)
- Fourth Amendment (11)
- Immigration (9)
-
- Zoning (9)
- Second Amendment (8)
- 9/11 (7)
- Citizenship (7)
- Crime (7)
- Criminal justice (7)
- First Amendment (7)
- Law (7)
- Religion (7)
- Constitutional Law (6)
- Criminal law (6)
- Guns (6)
- Jurisdiction (6)
- National security (6)
- Noncitizens (6)
- Privacy (6)
- Problem-solving courts (6)
- September 11th (6)
- Tax (6)
- Citizens (5)
- Criminal Law (5)
- Criminal law; symposium; communications law; international law; first amendment (5)
- Due process (5)
- Education (5)
- First amendment (5)
- Publication Year
- Publication
-
- Fordham Law Review (248)
- Fordham Urban Law Journal (227)
- Faculty Scholarship (73)
- Decisions in Art. 78 Proceedings (53)
- Fordham International Law Journal (50)
-
- Parole Interview Transcripts and Decisions (24)
- Fordham Intellectual Property, Media and Entertainment Law Journal (23)
- Fordham Environmental Law Review (20)
- Art. 78 Petitions (14)
- Parole Administrative Appeal Briefs (11)
- Parole Administrative Appeal Decisions (9)
- All Decisions (7)
- Fordham Journal of Corporate & Financial Law (6)
- Fordham Law Review Online (5)
- Parole Preparation & Appeal Resources (4)
- Reentry Resources (4)
- Art. 78 Petitioners' Replies (3)
- Additional Resources (2)
- Art. 78 Responses (2)
- Res Gestae (2)
- Stein Center News (2)
- The Advocate (2)
- Center on Law and Information Policy (1)
- Congressional Materials (1)
- Decisions in Habeas Proceedings (1)
- Fordham Law Voting Rights and Democracy Forum (1)
- Fordham Urban Law Journal Online (1)
- Habeas Petitioners' Replies (1)
- Habeas Petitions (1)
- Hearings (1)
- Publication Type
Articles 1 - 30 of 802
Full-Text Articles in Entire DC Network
Decision In Art. 78 Proceeding - Beltran, Elias (2024-05-08)
Decision In Art. 78 Proceeding - Beltran, Elias (2024-05-08)
Decisions in Art. 78 Proceedings
No abstract provided.
The Least Known Celebration Of America's Founding Principles—Law Day, The Honorable Katharine H. Parker, Anthony Petrosino
The Least Known Celebration Of America's Founding Principles—Law Day, The Honorable Katharine H. Parker, Anthony Petrosino
Fordham Law Review
Every year since May 1, 1958, the United States has recognized Law Day. Codified in 1961, it is “a special day of celebration” for Americans to reaffirm “their loyalty to the United States” and rededicate themselves “to the ideals of equality and justice under law in their relations with each other and with other countries.” Its purpose is to “cultivat[e] . . . respect for law that is so vital to the democratic way of life.” It tasks the President with issuing an annual proclamation calling for “public officials to display the flag of the United States on all Government …
An Apt Analogy?: Rethinking The Role Of Judicial Deference To The U.S. Sentencing Guidelines Post-Kisor, Amy Walker
An Apt Analogy?: Rethinking The Role Of Judicial Deference To The U.S. Sentencing Guidelines Post-Kisor, Amy Walker
Fordham Law Review
Since its inception in 1984, the U.S. Sentencing Commission (the “Commission”) has struggled to garner and maintain a sense of legitimacy among federal judges. The tension is both a story about competing expertise between judges and the Commission and competing values, namely uniformity and individuality. In 1993, the U.S. Supreme Court in Stinson v. United States prioritized uniformity by telling lower courts to treat the Commission as they would any other administrative agency. Lower courts—for the most part—faithfully executed this directive until 2019, when the Supreme Court in Kisor v. Wilkie gave them another option, one that seemed to leave …
Long-Range Analogizing After Bruen: How To Resolve The Circuit Split On The Federal Felon-In-Possession Ban, Sean Phillips
Long-Range Analogizing After Bruen: How To Resolve The Circuit Split On The Federal Felon-In-Possession Ban, Sean Phillips
Fordham Law Review
In 2023, over the course of one week, two U.S. courts of appeals ruled on Second Amendment challenges to 18 U.S.C. § 922(g)(1), the federal statute prohibiting firearm possession for those convicted of felonies. Both courts applied the U.S. Supreme Court’s “history and tradition” test from New York State Rifle & Pistol Ass’n v. Bruen. In the U.S. Court of Appeals for the Eighth Circuit, criminal defendant Edell Jackson did not succeed. There, the court found that the nation’s history and tradition supported the validity of a law banning firearm possession by felons, regardless of the details of their …
“Let Us Work, Man”: Asserting Rights To Employment For Individuals With Conviction Histories In Austin, Texas, Elissa Underwood Marek
“Let Us Work, Man”: Asserting Rights To Employment For Individuals With Conviction Histories In Austin, Texas, Elissa Underwood Marek
Fordham Urban Law Journal
No abstract provided.
Community Responsive Public Defense, Alexis Hoag-Fordjour
Community Responsive Public Defense, Alexis Hoag-Fordjour
Fordham Law Review
This colloquium asks us to consider how social change is influencing the legal profession and the legal profession’s response. This Essay applies these questions to organizing around criminal injustice and the response from public defenders. This Essay surfaces the work of four innovative indigent defense organizations that are engaged with and duty-bound to the communities they represent. I call this “community responsive public defense,” which is a distinct model of indigent defense whereby public defenders look to their clients and their clients’ communities to help shape advocacy, strategy, and representation.
Methodologically, this Essay relies primarily on qualitative interviews with leaders …
Spotlight Alumni, Maloney Library, Fordham University School Of Law
Spotlight Alumni, Maloney Library, Fordham University School Of Law
Maloney Matters
No abstract provided.
Political Neutrality In The Rules Of International Sports Federations: Compatible With Fundamental Freedoms?, Ilias Bantekas
Political Neutrality In The Rules Of International Sports Federations: Compatible With Fundamental Freedoms?, Ilias Bantekas
Fordham Intellectual Property, Media and Entertainment Law Journal
International sports federations celebrate and impose strict political neutrality in their institutional rules. Such neutrality is inconsistent with the individual rights of athletes to freedom of expression and peaceful assembly. The contractual basis of such restriction is irrelevant because fundamental rights are constitutionally entrenched and cannot be limited by contract or law, save for if the expression incites to violence, hatred, discrimination or is otherwise inconsistent with criminal law. There is no empirical evidence suggesting that restricting the political expression of influential athletes leads to generalized political or other violence. Instead, it is clear that international sports federations, and particularly …
Originalism, Bruen, And Constitutional Insanity, Eric J. Segall
Originalism, Bruen, And Constitutional Insanity, Eric J. Segall
Fordham Urban Law Journal Online
No abstract provided.
The Use Of Clearview Ai To Support Warrants Violates The Fourth Amendment, Kevin Johnson
The Use Of Clearview Ai To Support Warrants Violates The Fourth Amendment, Kevin Johnson
Fordham Intellectual Property, Media and Entertainment Law Journal
Social media platforms encouraged millions of Americans to post hundreds of photos of themselves on the Internet. Clearview AI, a tool that harnesses “publicly available” online images for facial recognition, violated those platforms’ terms of service to collect those photos and in doing so de-anonymized millions of Americans. This Note examines the Fourth Amendment implications of law enforcement’s use of Clearview AI and its compatibility with constitutional protections. This Note argues that the use of Clearview AI by police to support warrant applications runs afoul of established legal standards by analyzing the evolution of Fourth Amendment ju …
Police Officers, Policy, And Personnel Files: Prosecutorial Disclosure Obligations Above And Beyond Brady, Lauren Giles
Police Officers, Policy, And Personnel Files: Prosecutorial Disclosure Obligations Above And Beyond Brady, Lauren Giles
Fordham Law Review
Police officers play a significant role in the criminal trial process and are unlike any other witness who will take the stand. They are trained to testify, and jurors find them more credible than other witnesses, even though officers may have more incentive to lie than the ordinary witness. Despite the role of police officers in criminal proceedings, state statutes say virtually nothing about evidence used to impeach police officers, often contained in the officer’s personnel file. Worse still, the standard for disclosing information in an officer’s personnel file varies among and within states, resulting in inconsistent Brady disclosures. This …
Taking Aim At New York's Concealed Carry Improvement Act, Leo Bernabei
Taking Aim At New York's Concealed Carry Improvement Act, Leo Bernabei
Fordham Law Review
In June 2022, the U.S. Supreme Court held in New York State Rifle & Pistol Ass’n v. Bruen that New York’s requirement, which mandated that applicants for concealed carry licenses show proper cause for carrying a handgun in public, violated the Second and Fourteenth Amendments. Responding to the likely increase in individuals licensed to carry handguns in the state, New York enacted the Concealed Carry Improvement Act (CCIA). This law bans all firearms from many places of public congregation, establishes a default rule that firearms are not allowed on private property without the owner or lessee’s permission, and sets additional …
Firearm Contagion: A New Look At History, Rachel Martin, Michael R. Ulrich
Firearm Contagion: A New Look At History, Rachel Martin, Michael R. Ulrich
Fordham Urban Law Journal
No abstract provided.
River Place Ii, Llc V. Hurd
All Decisions
In a nuisance holdover proceeding, the court voided a "no cure" provision in a probationary stipulation between a landlord and tenant, finding it against public policy. The court ordered a hearing to determine if the tenant, who alleged behavior breaches due to a mental health condition, is entitled to reasonable accommodation under the Fair Housing Act, emphasizing landlords' obligations to accommodate disabled tenants. This decision aligns with legal precedents protecting individuals with disabilities in housing disputes.
Voting Rights And The Electoral Process: Resolving Representation Issues Due To Felony Disenfranchisement And Prison Gerrymandering, Andrew Calabrese, Tim Gordon, Tianyi Lu
Voting Rights And The Electoral Process: Resolving Representation Issues Due To Felony Disenfranchisement And Prison Gerrymandering, Andrew Calabrese, Tim Gordon, Tianyi Lu
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Criminalizing Threats Against Schools: A Divergence Of Mens Rea And Punishment Severity In Recent State Legislation, Max Kaufman
Criminalizing Threats Against Schools: A Divergence Of Mens Rea And Punishment Severity In Recent State Legislation, Max Kaufman
Fordham Law Review
School shootings occur on a regular basis in the United States. Fear of the next school shooting leads schools to take any potential threat of violence seriously, but responding to a threat can be extremely disruptive to a school’s operations and the community that it serves. In the last five years, nine state legislatures have attempted to deter these threats by specifically criminalizing threats of violence against schools.
Despite the proximity in time in which these states enacted school threat statutes, these laws diverge in two important ways: First, the nine statutes employ several different mens rea requirements. Second, these …
License & (Gender) Registration, Please: A First Amendment Argument Against Compelled Driver's License Gender Markers, Lexi Meyer
Fordham Law Review
For as long as the United States has issued drivers’ licenses, licenses have indicated the holder’s gender in one form or another. Because drivers’ licenses are issued at the state level, states retain the authority to regulate the procedures for amending them. In some states, regulations include requirements that a transgender person undergo gender confirmation surgery before they can amend the gender marker on their driver’s license. Because many transgender people neither desire nor can afford gender confirmation surgery, these laws effectively preclude such people from obtaining gender-accurate identification. In doing so, these laws implicate multiple constitutional rights.
Lower courts …
Looks Matter On Social Media: How Should Courts Determine Whether A Public Official Operates Their Social Media Account Under Color Of State Law?, John B. Tsimis
Fordham Law Review
The widespread use of social media has presented a novel legal landscape for the application of constitutionally protected rights—particularly the First Amendment’s protection of free speech. The First Amendment prohibits the government from excluding citizens from a public forum on the basis of their viewpoints. Public officials acting under color of state law similarly may not use the authority of their offices to deprive citizens of their First Amendment rights.
However, the application of this protection in the context of social media has been inconsistent across federal circuit courts. Although these courts agree that viewpoint discrimination by the government on …
Don't Pull The Trigger On New York's Concealed Carry Improvement Act: Addressing First And Second Amendment Concerns, Morgan Band
Don't Pull The Trigger On New York's Concealed Carry Improvement Act: Addressing First And Second Amendment Concerns, Morgan Band
Fordham Law Review
Despite the increasing prevalence of mass shootings in the United States, the U.S. Supreme Court in New York State Rifle & Pistol Ass’n, Inc. v. Bruen struck down a 100-year-old New York statute that had restricted access to concealed carry permits. The statute had required applicants to demonstrate a “proper cause” for needing a concealed carry permit. But even if an applicant made the necessary showing, licensing officials retained discretion under the statute to decline to issue a permit. In striking down the statute, the Court distinguished between “may-issue” jurisdictions, such as New York, which give licensing officials discretion in …
Carceral Deference: Courts And Their Pro-Prison Propensities, Danielle C. Jefferis
Carceral Deference: Courts And Their Pro-Prison Propensities, Danielle C. Jefferis
Fordham Law Review
Judicial deference to nonjudicial state actors, as a general matter, is ubiquitous, both in the law and as a topic of legal scholarship. But “carceral deference”—judicial deference to prison officials on issues concerning the legality of prison conditions—has received far less attention in legal literature, and the focus has been almost entirely on its jurisprudential legitimacy. This Article contextualizes carceral deference historically, politically, and culturally, and it thus adds a piece that has been missing from the literature. Drawing on primary and secondary historical sources and anchoring the analysis in Bourdieu’s field theory, this Article is an important step to …
Introduction, Peter C. Angelica
The Poor Reform Prosecutor: So Far From The State Capital, So Close To The Suburbs, John F. Pfaff
The Poor Reform Prosecutor: So Far From The State Capital, So Close To The Suburbs, John F. Pfaff
Fordham Urban Law Journal
No abstract provided.
Exhuming Nondelegation . . . Intelligibly, Zachary R.S. Zajdel
Exhuming Nondelegation . . . Intelligibly, Zachary R.S. Zajdel
Fordham Journal of Corporate & Financial Law
Whether by avalanche or a thousand cuts, the intelligible principle test may be awaiting its untimely demise at the behest of a reinvigorated nondelegation movement. Perhaps looking to speed up the decomposition, the Fifth Circuit in Jarkesy v. Securities and Exchange Commission struck down the SEC’s discretion to pursue enforcement actions with its own Administrative Law Judges or in federal court as unconstitutionally delegated legislative power. This Note posits that Jarkesy was rightly decided but rife with uncompelling reasoning. Establishing this requires a detour into the meaning of the Necessary and Proper Clause, the significance of the separation of powers, …
Punishment Without The State, I. Bennett Capers
Punishment Without The State, I. Bennett Capers
Faculty Scholarship
People are speaking up on social media and in other virtual spaces, sometimes to spur the criminal process, sometimes in response to the criminal system’s perceived failures, and even sometimes completely indifferent to the criminal system. People are expressing moral condemnation. They are shaming, shunning, banishing, and canceling. What are the implications of punishment through virtual spaces, in lieu of the usual—and now seemingly antiquated—space of physical courtrooms? More broadly, when all the world can become a virtual courtroom, a “place” for judgment, what are the implications for how we think about crime itself? And perhaps most importantly, if social …
Reporting Sexual Assault: What Privileges Should Exist In Defamation Suits Stemming From A Police Report?, Katharine Rubery
Reporting Sexual Assault: What Privileges Should Exist In Defamation Suits Stemming From A Police Report?, Katharine Rubery
Fordham Urban Law Journal
No abstract provided.
Pittfalls Of Progressive Prosecution, Carissa Byrne Hessick
Pittfalls Of Progressive Prosecution, Carissa Byrne Hessick
Fordham Urban Law Journal
No abstract provided.
Prosecuting The Crisis, Benjamin Levin
Prosecuting The Crisis, Benjamin Levin
Fordham Urban Law Journal
No abstract provided.
The (Immediate) Future Of Prosecution, Daniel Richman
The (Immediate) Future Of Prosecution, Daniel Richman
Fordham Urban Law Journal
No abstract provided.
The Impossibility Of Local Police Reform, Ava Ayers
The Impossibility Of Local Police Reform, Ava Ayers
Fordham Urban Law Journal
No abstract provided.