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Articles 31 - 60 of 124
Full-Text Articles in Law
Election Law And White Identity Politics, Joshua S. Sellers
Election Law And White Identity Politics, Joshua S. Sellers
Fordham Law Review
The role of race in American politics looms large in several election law doctrines. Regrettably, though, these doctrines’ analyses of race, racial identity, and the relationships between race and politics often lack sophistication, historical context, or foresight. The political status quo is treated as race-neutral, when in fact it is anything but. Specifically, the doctrines rely upon sanguine theories of democracy uncorrupted by white identity–based political calculations, while in fact such calculations, made on the part of both voters and political parties, are pervasive. In this Article, I appraise the doctrine pertaining to majority-minority voting districts, racial gerrymandering doctrine, the …
50 Years After The 25th Amendment: How To Improve Presidential Succession, Second Fordham University School Of Law Clinic On Presidential Succession
50 Years After The 25th Amendment: How To Improve Presidential Succession, Second Fordham University School Of Law Clinic On Presidential Succession
Reports
Pamphlet summarizing the Second Succession Clinic's recommendations.
Christians And Pagans, Abner S. Greene
Learning To Live With Judicial Partisanship: A Response To Cassandra Burke Robertson, Bruce A. Green, Rebecca Roiphe
Learning To Live With Judicial Partisanship: A Response To Cassandra Burke Robertson, Bruce A. Green, Rebecca Roiphe
Faculty Scholarship
No abstract provided.
Can The President Control The Department Of Justice?, Bruce A. Green
Can The President Control The Department Of Justice?, Bruce A. Green
Faculty Scholarship
No abstract provided.
“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres
“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres
Fordham Law Review
The power to confer legal citizenship status is possessed solely by the federal government. Yet the courts and legal theorists have demonstrated that citizenship encompasses factors beyond legal status, including rights, inclusion, and political participation. As a result, even legal citizens can face barriers to citizenship, broadly understood, due to factors including their race, class, gender, or disability. Given this multidimensionality, the city, as the place where residents carry out the tasks of their daily lives, is a critical space for promoting elements of citizenship. This Note argues that recent city municipal identification-card programs have created a new form of …
Due Process Without Judicial Process?: Antiadversarialism In American Legal Culture, Norman W. Spaulding
Due Process Without Judicial Process?: Antiadversarialism In American Legal Culture, Norman W. Spaulding
Fordham Law Review
For decades now, American scholars of procedure and legal ethics have remarked upon the death of the jury trial. If jury trial is not in fact dead as an institution for the resolution of disputes, it is certainly “vanishing.” Even in complex litigation, courts tend to facilitate nonadjudicative resolutions—providing sites for aggregation, selection of counsel, fact gathering, and finality (via issue and claim preclusion)—rather than trial on the merits in any conventional sense of the term. In some high-stakes criminal cases and a fraction of civil cases, jury trial will surely continue well into the twenty-first century. Wall-to-wall media coverage …
What Does It Mean To Say That Procedure Is Political?, Dana S. Reda
What Does It Mean To Say That Procedure Is Political?, Dana S. Reda
Fordham Law Review
Procedure is not the first field of law to face controversy along these lines. Law’s independence from politics, in both its descriptive and normative aspects, is a century long legal challenge.9 This Article aims to clarify what we mean when we characterize procedure as political, as well as to understand some of the harms generated by failing to confront and acknowledge the political. This is a preliminary step in approaching future formulations of procedural rules if they cannot be depoliticized.
What Does It Mean To Say That Procedure Is Political?, Dana S. Reda
What Does It Mean To Say That Procedure Is Political?, Dana S. Reda
Fordham Law Review
Procedure is not the first field of law to face controversy along these lines. Law’s independence from politics, in both its descriptive and normative aspects, is a century long legal challenge.9 This Article aims to clarify what we mean when we characterize procedure as political, as well as to understand some of the harms generated by failing to confront and acknowledge the political. This is a preliminary step in approaching future formulations of procedural rules if they cannot be depoliticized.
Due Process Without Judicial Process?: Antiadversarialism In American Legal Culture, Norman W. Spaulding
Due Process Without Judicial Process?: Antiadversarialism In American Legal Culture, Norman W. Spaulding
Fordham Law Review
For decades now, American scholars of procedure and legal ethics have remarked upon the death of the jury trial. If jury trial is not in fact dead as an institution for the resolution of disputes, it is certainly “vanishing.” Even in complex litigation, courts tend to facilitate nonadjudicative resolutions—providing sites for aggregation, selection of counsel, fact gathering, and finality (via issue and claim preclusion)—rather than trial on the merits in any conventional sense of the term. In some high-stakes criminal cases and a fraction of civil cases, jury trial will surely continue well into the twenty-first century. Wall-to-wall media coverage …
Designing Systems For Achieving Justice After A Peace Agreement: Northern Ireland's Struggle With The Past, Jacqueline Nolan-Haley
Designing Systems For Achieving Justice After A Peace Agreement: Northern Ireland's Struggle With The Past, Jacqueline Nolan-Haley
Faculty Scholarship
No abstract provided.
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.