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Articles 31 - 60 of 125
Full-Text Articles in Law
Poverty, Inequality, And Class In The Structural Constitutional Law Course, Stephen Loffredo
Poverty, Inequality, And Class In The Structural Constitutional Law Course, Stephen Loffredo
Fordham Urban Law Journal
This Article argues that poverty and income inequality issues should be taught in a constitutional law course. Furthermore, it argues that these issues should not only be considered when discussing due process, equal protection, the First Amendment, but in also within the context of structural constitutional law, i.e. separation of powers and federalism.
Payton, Practical Wisdom, And The Pragmatist Judge: Is Payton's Goal To Prevent Unreasonable Entries Or To Effectuate Home Arrests?, Christos Papapetrou
Payton, Practical Wisdom, And The Pragmatist Judge: Is Payton's Goal To Prevent Unreasonable Entries Or To Effectuate Home Arrests?, Christos Papapetrou
Fordham Urban Law Journal
This Comment analyzes the conflicting "objective" and "subjective" tests that courts use to determine if a law enforcement officer's entry into a suspect's home is valid following the Supreme Court's holding in Payton v. New York that an arrest warrant implicitly carries with it a right to enter a suspect's home when there is "reason to believe" it is the suspect's residence and that the suspect is inside. The Comment questions how courts should interpret the "reason to believe" standard and analyzes an approach put forth by Professor Matthew A. Edwards in his article, Posner's Pragmatism and Payton Home Arrests. …
Felon Disenfranchisement: Law, History, Policy, And Politics, George Brooks
Felon Disenfranchisement: Law, History, Policy, And Politics, George Brooks
Fordham Urban Law Journal
George W. Bush became the forty-third President of the United States when he won the state of Florida by 537 votes in the 2000 election. Because the election was so close, hotly-contested, and divisive, aspects of our electoral system long relegated to dusty books suddenly became topics of water cooler conversation and cocktail party chatter. Some Democrats speculate that if the nearly 600,000 felons in Florida had been allowed to vote, Al Gore would have been elected President. Felon disenfranchisement has thus become a cause celèbre among liberals. There are approximately four million felons who cannot vote nationwide. They are …
The Future Of Sodomy , Libby Adler
The Future Of Sodomy , Libby Adler
Fordham Urban Law Journal
This Article celebrates Lawrence v. Texas as a tremendous advance in civil rights while also recognizing future danger signs associated with the opinion. The Article underscores four elements of the opinion which may cause danger to the pro-sex position the author endorses. The Article points to the Court's: (1) standard of review; (2) reliance on consent; (3) emphasis on privacy, and; (4) respect for dignity. Ultimately, the author warns pro-sex litigators and constituencies against complacency and warns that the words that bring them joy in Lawrence may possibly bring them pain in future opinions. The author calls for vigilance, for …
The Unbearable “Lite”Ness Of History: American Sodomy Laws From Bowers To Lawrence And The Ramifications Of Announcing A New Past, Neil Margolies
The Unbearable “Lite”Ness Of History: American Sodomy Laws From Bowers To Lawrence And The Ramifications Of Announcing A New Past, Neil Margolies
Fordham Urban Law Journal
This Article
The Dangers Of Fighting Terrorism With Technocommunitarianism: Constitutional Protections Of Free Expression, Exploration, And Unmonitored Activity In Urban Spaces, Marc Jonathan Blitz
The Dangers Of Fighting Terrorism With Technocommunitarianism: Constitutional Protections Of Free Expression, Exploration, And Unmonitored Activity In Urban Spaces, Marc Jonathan Blitz
Fordham Urban Law Journal
Part I of this article examines how some commentators can plausibly argue that constitutional liberty and privacy protections do not protect the individual liberty and privacy that modern individuals have come to expect in many public spaces, particularly in urban environments. Constitutional liberalism, this section points out, makes this question a difficult one, because it is marked by scrupulous neutrality towards different visions of “the good life.” In other words, the constitutional order does not condemn those who choose a communitarian way of life and favor those who prefer individualism. Rather, it tolerates both of these (and other) preferences about …
Writing On The Wall Of Separation: Understanding The Public Posting Of Religious Duties And Sectarian Versions Of Sacred Texts As An Establishment Clause Violation In Ten Commandment Cases, David C. Pollack
Fordham Urban Law Journal
This Note seeks an answer to the question of whether public displays of the Ten Commandments violate the Establishment Clause of the Constitution. In analyzing this question the author first explains the language of the traditional and American hybrid form of the Decalogue. From there, the author describes the three part standard the Supreme Court adopted in Lemon v. Kurtzman to analyze possible violations of the Establishment Clause. Once this framework is in place, the Note lays out how courts have split in their determinations of whether public displays of the Ten Commandments, both the traditional and hybrid models, is …
How Much Protection Do Injunctions Against Enforcement Of Allegedly Unconstitutional Statutes Provide?, Vikram David Amar
How Much Protection Do Injunctions Against Enforcement Of Allegedly Unconstitutional Statutes Provide?, Vikram David Amar
Fordham Urban Law Journal
This essay addresses the unresolved effects of preliminary injunctions issued by federal district courts in response to legislation that is possibly unconstitutional. More problematically, set against the backdrop of the "Partial Birth Abortion Ban Act of 2003," the essay asks whether an individual who violates the contested statute after receiving a preliminary injunction from a federal district court may be prosecuted if the statute is later upheld as constitutional. The essay analyzes competing arguments by Justice Stevens and Justice Marshall in Edgar v. MITE Corp., which involved a federal preliminary injunction against enforcement of a state statute. Siding with Justice …
Winter Count: Taking Stock Of Abortion Rights After Casey And Carhart, Caitlin E. Borgmann
Winter Count: Taking Stock Of Abortion Rights After Casey And Carhart, Caitlin E. Borgmann
Fordham Urban Law Journal
This article outlines the current landscape of the constitutional right to abortion established in Roe v. Wade. Analyzing the court's holdings in Planned Parenthood v. Casey and Stenberg v. Carhart, the author details the ways in which recognition of a government interest in potential life at any stage in a pregnancy, as well as the lofty "undue burden" standard in analyzing policies that hinder access to abortion, have eroded this right. Finally, the author stresses the Supreme Court cases' disparate impact on the abortion rights of low-income and rural dwelling women.
What Lawrence V. Texas Says About The History And Future Of Reproductive Rights, Cynthia Dailard
What Lawrence V. Texas Says About The History And Future Of Reproductive Rights, Cynthia Dailard
Fordham Urban Law Journal
This article explores the ways in which the court's recognition of a broad zone of personal liberty in Lawrence v. Texas may serve to strengthen a woman's constitutionally protected reproductive rights in future Supreme Court decisions. Part of the author's analysis focuses on using particular Justices' opinions (and dissents) to predict the direction of future challenges to abortion rights in front of the Supreme Court.
Casey And Its Impact On Abortion Regulation, Michael F. Moses
Casey And Its Impact On Abortion Regulation, Michael F. Moses
Fordham Urban Law Journal
Given the Supreme Court's shift from a strict scrutiny standard to an "undue burden" standard in Planned Parenthood v. Casey, this article advocates for application of the standard in a way that is deferential to state legislatures. The author finds a number of problems with the holding in Casey for which it seeks judicial and legislative action: the undue burden standard is vague; it is unclear whether the burden should be upon everyone or "some people"; and the holding allows court to strike laws that have not gone into effect, therefore evidence of their impact is "speculative."
Lethal Experimentation On Human Beings: Roe's Effect On Bioethics, William L. Saunders, Jr.
Lethal Experimentation On Human Beings: Roe's Effect On Bioethics, William L. Saunders, Jr.
Fordham Urban Law Journal
Beginning with the assumption that human life begins at conception, this article explores the problematic terrain accompanying embryonic stem cell research and human cloning. "Lethal Experimentation on Human Beings," as enumerated in the article's title, refers to experimentation on and the removal of stem cells from human embryos, both of which "kill" a human being. The article warns that the holding in Roe v. Wade, which recognizes only a qualified government interest in unborn life, has obscured a pressing need for proponents of embryonic stem cell research to prove why society's interest in this research outweighs the rights of the …
Old Whine In A New Battle: Pragmatic Approaches To Balancing The Twenty-First Amendment, The Dormant Commerce Clause, And The Direct Shipping Of Wine , Gordon Eng
Fordham Urban Law Journal
This Note examines the tension between the Twenty-First Amendment to the United States Constitution and the Dormant Commerce Clause, with respect to state regulations governing of out-of-state direct shipment of wine to consumers. The Constitution is not clear about where the boundaries of the Commerce Clause lie when Congress has not explicitly addressed an issue. This Note first recognizes the importance of history with respect to the Twenty-First Amendment. It further examines recent court decisions, identifying four approaches taken by federal courts to address this issue and the distinguishing factors that influence the courts' final holdings. Finally, this Note offers …
Picture Perfect: A Critical Analysis Of The Debate On The 2002 Help America Vote Act, Gabrielle B. Ruda
Picture Perfect: A Critical Analysis Of The Debate On The 2002 Help America Vote Act, Gabrielle B. Ruda
Fordham Urban Law Journal
This Comment examines whether the Anti-Fraud provision provides a fair scheme for the identification process during voter registration, or if it inherently violates certain fundamental rights and freedoms of American citizens who wish to cast their ballot. This Comment conducts a historical assessment of the institution of voting, examines the standard of review used by courts to determine whether a law violates a citizen's constitutional right to vote and analyzes whether the Anti-Fraud provision is the appropriate means required to achieve its stated objective of decreasing voter fraud. This Comment argues that discriminatory infringements on voting rights need to be …
Life, Liberty, And The Pursuit Of Terrorists: An In-Depth Analysis Of The Government's Right To Classify United States Citizens Suspected Of Terrorism As Enemy Combatants And Try Those Enemy Combatants By Military Comission, Amanda Schaffer
Fordham Urban Law Journal
This Comment explores the government's right to treat citizens as enemy combatants and whether their trials should be by military commissions or by the non-military criminal justice system. It gives background information and explains the source of the government's right to determine enemy combatant status and to use military commissions. This Comment also describes the distinctions between a military trial and a regular criminal trial and explains the status of two cases regarding American citizens declared to be enemy combatants. The Comment goes on to explain why the government wants to use military commissions to try terrorists and the advantages …
The Usa Patriot Act: Civil Liberties, The Media, And Public Opinion, Lisa Finnegan Abdolian, Harold Takooshian
The Usa Patriot Act: Civil Liberties, The Media, And Public Opinion, Lisa Finnegan Abdolian, Harold Takooshian
Fordham Urban Law Journal
This Essay offers an examination of the legal provision of the USA Patriot Act. It then looks at the distinct shift in U.S. media reporting on this legislation over time, and in-depth public opinion findings on people's mixed views of post-9/11 civil liberties. This Essay concludes that media coverage of events is best accompanied by tracking polls, to chart how much and why the U.S. public is coalescing or further dividing on issues of individual liberties during crisis.
The Scope Of Police Questioning During A Routine Traffic Stop: Do Questions Outside The Scope Of The Original Justification For The Stop Create Impermissible Seizures If They Do Not Prolong The Stop? , Bill Lawrence
Fordham Urban Law Journal
The issue this Note addresses is whether a police officer, during a routine traffic stop, violates a person's Fourth Amendment rights when the officer's questions stray from the original reason for the stop. Resolution of the issue pits privacy concerns against the state's interest in effective law enforcement. With circuits split over the issue, and the Supreme Court not yet plainly ruling on it, this Note aims to provide a narrow solution to the problem.Part I explains the Fourth Amendment reasonableness standard and discusses the line of Supreme Court cases from Terry v. Ohio14 to Florida v. Bostick 5 that …
Does A Marriage Really Need Sex?: A Critical Analysis Of The Gender Restriction On Marriage, Randi E. Frankle
Does A Marriage Really Need Sex?: A Critical Analysis Of The Gender Restriction On Marriage, Randi E. Frankle
Fordham Urban Law Journal
This Note discusses the issues surrounding intersex persons and the right to marry. The Comment first discusses the constitutional protection of the right to marry, intersex conditions, and case law regarding intersex, transsexual, and same-sex marriage. It further addresses the consequences for marriage when it is narrowly defined. Further, the Comment proposes an alternative solution to the one many courts have used. This solution allows an intersex person to self-designate her gender and be able to marry either a man or a woman. Finally, this Comment argues that if an intersex person can marry either a man or a woman, …
You Have A Right To Remain Silent, Michael Avery
You Have A Right To Remain Silent, Michael Avery
Fordham Urban Law Journal
The Supreme Court will decide in the October 2002 term whether there is a cause of action under 42 U.S.C. Section 1983 based on a coercive police interrogation of a suspect in custody who has not been given Miranda warnings. The Supreme Court cannot decide that there is no cause of action under section 1983 for damages caused by coercive interrogation practices without turning its back on a large body of its own jurisprudence and on the deeply rooted cultural and political expectations of American citizens who trust that they have a meaningfu lconstitutionally protected right to remain silent when …
Crime, Gun Control, And The Batf: The Political Economy Of Law Enforcement, Jim F. Couch, Wiliam F. Shughart Ii
Crime, Gun Control, And The Batf: The Political Economy Of Law Enforcement, Jim F. Couch, Wiliam F. Shughart Ii
Fordham Urban Law Journal
The Bureau of Alcohol, Tobacco and Firearms ("BATF"), an agency of the United States Treasury Department, has wide-ranging law enforcement responsibilities, which include the investigation of crimes involving guns, explosives, and illicit drugs. Its execution of these duties has been the subject of considerable controversy. This Study reports evidence that the law enforcement activities of the BAFT are influenced by both public-spirited and bureaucratic motives. The evidence presented in this Study contributes to a rethinking of the public-interest paradigm.
Trying To Fit An Oval Shaped Island Into A Square Constitution: Arguments For Puerto Rican Statehood, Jose D. Roman
Trying To Fit An Oval Shaped Island Into A Square Constitution: Arguments For Puerto Rican Statehood, Jose D. Roman
Fordham Urban Law Journal
This Comment focuses on the limits placed on Puerto Rico under the United States Constitution and concludes that Puerto Rico must become the 51st state to improve its status under the Constitution. It explores Puerto Rico's relationship with the United States and its unusual position under the Constitution. This Comment then examines the voting rights issues facing Puerto Ricans, including a First Circuit case which denied Puerto Ricans the right to vote in presidential elections. The Comment concludes that this case was correctly decided and the Supreme Court, in other decisions, has only recognized a limited right to vote under …
September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs
September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs
Fordham Urban Law Journal
This Comment examines how the United States should react to the threat of domestic terrorism while maintaining citizens' civil liberties in the wake of the events on September 11, 2001. The Comment first compares and contrasts three classic theories of democracy: constitutional democracy, representative democracy and deliberative democracy. It next describes how representative and constitutional democracy were applied during the Japanese internment during World War II. Part III compares the Japanese internment to the challenges after the September 11 attacks and analyzes the roles different branches should have in protecting civil liberties. Finally, the Comment recommends applying a theory of …
Do As I Say And Not As I Do: Dickerson, Constitutional Common Law And The Imperial Supreme Court, Kevin Mcnamee
Do As I Say And Not As I Do: Dickerson, Constitutional Common Law And The Imperial Supreme Court, Kevin Mcnamee
Fordham Urban Law Journal
This Comment examines the Supreme Court's Miranda jurisprudence through the lens of the "constitutional common law" theory, which suggests that the Supreme Court has crafted a large body of subconstitutional rules that are not compelled by the text of the Constitution but serve to protect values implicit in the text. As a result, such rules are subject to the limitations of modification and nullification by later courts. After presenting the characteristics of the constitutional common law theory and its relationship to federalism and separation of powers, the author suggests that the theory can explain the erosion of Miranda decision's brightline …
Freedom Of Expression In New York State: What Remains Of People Ex Rel. Arcara V. Cloud Books, Inc.?, Jeremy J. Bethel
Freedom Of Expression In New York State: What Remains Of People Ex Rel. Arcara V. Cloud Books, Inc.?, Jeremy J. Bethel
Fordham Urban Law Journal
This Note explores the decline of People ex rel. Arcara in New York State jurisprudence over the last decade. It first describes traditional and contemporary methods of testing free expression infringements, including a discussion of federal minimum standards, and protection expansions implemented by the New York Court of Appeals. Next, it describes the effect of federal "secondary effects" jurisprudence upon the People ex rel. Arcara standard, and how that encounter skewed lower court application of that standard for all cases involving "content-neutral" infringement of protected speech. Finally, it examines the illogical consequences of the court of appeals' method of deciding …
Do The Clothes Make The Man? Implications Of A Witness' Status In The Determination Of Probable Cause, Jessica Ward
Do The Clothes Make The Man? Implications Of A Witness' Status In The Determination Of Probable Cause, Jessica Ward
Fordham Urban Law Journal
This Note examines police determination of probable cause based on witness credibility. It first sets out the probable cause standard and details the relevant probable cause case law and the policy considerations behind the Fourth Amendment. Next, it examines different types of witnesses the police encounter and analyzes whether the status of the witness implies more or less credibility. Finally, it evaluates the factors that officers apply in their determination of witness credibility. This Note concludes that the status of the witness should not be determinative, but rather should be just one of the factors the police take into account …
Examining The Lautenberg Amendment In The Civilian And Military Contexts: Congressional Overreaching, Statutory Vagueness, Ex Post Facto Violations, And Implementation Flaws, Jessica A. Golden
Fordham Urban Law Journal
The Lautenberg Amendment to the Gun Control Act of 1968 was passed in 1996 with the purpose of preventing gun-related domestic violence. The Lautenberg Amendment's passage raises unique commerce clause issues, and the amendment is possibly unconstitutional. Part I of the article examines the Commerce Clause (and Tenth Amendment) challenges to the Lautenberg Amendment. It provides the history of cases thus far failing to successfully challenge the constitutionality of the Lautenberg Amendment. It then discusses the Supreme Court's decision in Morrison v. Olson, that struck down the civil remedies provision of the Violence Against Women Act as a violation of …
The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes, Anna M. Taruschio
The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes, Anna M. Taruschio
Fordham Urban Law Journal
The dual principles of promoting the marketplace of ideas and protecting individual autonomy lie at the core of the First Amendment. When the government assumes an affirmative role by opening opportunities for public speech, it places individuals' negative liberties, such as the right not to speak, at risk. This conflict cannot be avoided by analyzing compelled speech outside of the First Amendment; the autonomy promised by the Bill of Rights and repeatedly affirmed by Supreme Court jurisprudence protects the right not to speak. Scholars, jurists, and practitioners therefore should pay close attention to the right not to speak when the …
The Pain Relief Promotion Act: Will It Spell Death To "Death With Dignity" Or Is It Unconstitutional?, Joy Fallek
The Pain Relief Promotion Act: Will It Spell Death To "Death With Dignity" Or Is It Unconstitutional?, Joy Fallek
Fordham Urban Law Journal
This Note explores Congress' attempts to restrict Oregon's Death with Dignity Act by enacting two the Lethal Drug Abuse and Prevention Act of 1998 ("LDAP Act") and the Pain Relief Promotion Act of 1999 ("PRPA"). It explores constitutional decisions concerning physician-assisted suicide and those which tend to show that the Supreme Court demonstrated federalist leanings during this time. The Note concludes that this Congressional legislation is a premature attempt to restrict experimentation concerning physician-assisted suicide and that the Supreme Court should strive to thwart attempts to cut off such experimentation.
Stopping Hate Without Stifling Speech: Re-Examining The Merits Of Hate Speech Codes On University Campuses, Catherine B. Johnson
Stopping Hate Without Stifling Speech: Re-Examining The Merits Of Hate Speech Codes On University Campuses, Catherine B. Johnson
Fordham Urban Law Journal
This Note explores legislative attempts to help reduce incidents of hate speech on university campuses. It begins by analyzing the rise in hate speech codes at public universities and examining two U.S. Supreme Court decisions in R.A.V. v. City of St. Paul and Wisconsin v. Mitchell. The author argues that a hate speech code that implements forward-looking, long-term education objective would work towards stopping hate on campus without violating students' First Amendment rights. This Note reaches the conclusion that a narrowly drawn hate speech code based on recognized First Amendment exceptions, implemented along with with education initiatives, could facilitate the …
Child Access Prevention Laws: Keeping Guns Out Of Our Children's Hands, Rachel Shaffer
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 …