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Full-Text Articles in Law
A Battle Of The Amendments: Why Ending Discrimination In The Courtroom May Inhibit A Criminal Defendant’S Right To An Impartial Jury, Gina M. Chiappetta
A Battle Of The Amendments: Why Ending Discrimination In The Courtroom May Inhibit A Criminal Defendant’S Right To An Impartial Jury, Gina M. Chiappetta
Fordham Law Review
Since the U.S. Supreme Court began limiting the exercise of peremptory challenges to safeguard potential jurors from discrimination, it has faced a nearly impossible task. The Court has attempted to safeguard a juror’s equal protection rights without eradicating the peremptory challenge’s ability to preserve a criminal defendant’s right to an impartial jury. Under the current legal framework, it is not certain whether either constitutional right is adequately protected. This Note examines the history of the Supreme Court’s limitation on peremptory challenges. It then discusses the current federal circuit split over whether peremptory challenges should be further limited. Finally, this Note …
The Return Of Noncongruent Equal Protection, Brian Soucek
The Return Of Noncongruent Equal Protection, Brian Soucek
Fordham Law Review
Contemporary equal protection doctrine touts the principle of congruence: the notion that equal protection means the same thing whether applied to state or to federal laws. The federalism-tinged equal protection analysis at the heart of Justice Kennedy’s opinion in United States v. Windsor, however, necessarily violates the congruence principle. Commentators and courts—especially those deciding how Windsor’s federalism should affect the ever-growing number of state same-sex marriage cases—have so far failed to account for Windsor’s noncongruent equal protection, much less ask whether noncongruence is generally desirable, and if so, what form it should take.
This Article draws answers …
Unearthing The Public Interest: Recognizing Intrastate Economic Protectionism As A Legitimate State Interest, Katharine M. Rudish
Unearthing The Public Interest: Recognizing Intrastate Economic Protectionism As A Legitimate State Interest, Katharine M. Rudish
Fordham Law Review
In Oklahoma, a person must complete sixty-credit hours of undergraduate training and embalm twenty-five bodies before being legally licensed to sell caskets in the state. In Louisiana, in order to sell caskets, one must operate a fully licensed funeral establishment, defined as a place dedicated to preparing bodies for burial. In recent years, these states and others have faced legal challenges to casket sale restrictions by individuals who wish to sell caskets directly to the public, yet who are unable to do so as they are not licensed funeral directors. Courts have grappled with whether these state regulations, which in …
Where Public And Private Spaces Converge: Discriminatory Media Access To Government Information, Ilana Friedman
Where Public And Private Spaces Converge: Discriminatory Media Access To Government Information, Ilana Friedman
Fordham Law Review
No abstract provided.
From Equity To Adequacy: The Legal Battle For Increased State Funding Of Poor School Districts In New York, Brian J. Nickerson, Gernard M. Deenihan
From Equity To Adequacy: The Legal Battle For Increased State Funding Of Poor School Districts In New York, Brian J. Nickerson, Gernard M. Deenihan
Fordham Urban Law Journal
This Article evaluates the influence of federal courts' school finance cases on the New York school finance groups' decision to litigate in the New York courts. It then analyzes the importance of other states' legal precedents in school finance cases as a factor influencing interest groups in New York to challenge the state's public education funding formulas. This Article discusses the progression of public elementary and secondary school funding formula litigation in New York, focusing on the legal arguments raised by various interest group-plaintiffs and tracing the development of those arguments to school finance cases in other states. The conclusion …
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, …
When Equal Protection Fails: How The Equal Protection Justification For Abortion Undercuts The Struggle For Equality In The Workplace, Kristina M. Mentone
When Equal Protection Fails: How The Equal Protection Justification For Abortion Undercuts The Struggle For Equality In The Workplace, Kristina M. Mentone
Fordham Law Review
No abstract provided.
Domestic Relations Jurisprudence And The Great, Slumbering Baehr: On Definitional Preclusion, Equal Protection, And Fundamental Interests, Mark Strasser
Fordham Law Review
No abstract provided.
Panel Iv: Censorship Of Cable Television’S Leased And Public Access Channels, Majorie Heins, James N. Horwood, Robert T. Perry, Michael Sitcov
Panel Iv: Censorship Of Cable Television’S Leased And Public Access Channels, Majorie Heins, James N. Horwood, Robert T. Perry, Michael Sitcov
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Equal Protection And Moral Circumstance: Accounting For Constitutional Basics, Donald E. Lively
Equal Protection And Moral Circumstance: Accounting For Constitutional Basics, Donald E. Lively
Fordham Law Review
No abstract provided.
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley
Fordham Law Review
No abstract provided.
Getting At The Truth: Adversarial Hearings In Batson Inquiries, L. Ashley Lyu
Getting At The Truth: Adversarial Hearings In Batson Inquiries, L. Ashley Lyu
Fordham Law Review
No abstract provided.
State Prohibitions On Employment Opportunities For Resident Aliens: Legislative Recommendations , Joy B. Peltz
State Prohibitions On Employment Opportunities For Resident Aliens: Legislative Recommendations , Joy B. Peltz
Fordham Urban Law Journal
Resident aliens in the United States are afforded important privileges, such as residing in the United States indefinitely, and seeking employment here. Nevertheless, resident aliens are denied certain job opportunities in states that require United States citizenship as a prerequisite to public employment, or professional or occupational licenses. The Constitutionality of this exclusion has been challenged on equal protection grounds, most recently, by the Supreme Court in Cabell v. Chavez-Salido. In this case, the Court upheld the constitutionality of a California statute, restricting a deputy probation officer position to United States citizens. This case has been hailed as precedent for …
Sex Discrimination And The Burger Court: A Retreat In Progress?, Caren Dubnoff
Sex Discrimination And The Burger Court: A Retreat In Progress?, Caren Dubnoff
Fordham Law Review
No abstract provided.
Inmate Abortions--The Right To Government Funding Behind The Prison Gates, Anne T. Vitale
Inmate Abortions--The Right To Government Funding Behind The Prison Gates, Anne T. Vitale
Fordham Law Review
No abstract provided.
Inmate Abortions--The Right To Government Funding Behind The Prison Gates, Anne T. Vitale
Inmate Abortions--The Right To Government Funding Behind The Prison Gates, Anne T. Vitale
Fordham Law Review
No abstract provided.
Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr.
Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr.
Fordham Urban Law Journal
In an effort to prevent the spread of businesses specializing in adult entertainment, many cities have utilized zoning ordinances to combat problems in certain neighborhoods. New York City, Boston, and Detroit all have instituted such restrictions. This Note will consider whether the zoning of businesses specializing in adult entertainment is a legitimate exercise of the state's police power, analyzing its potential as a violation of the first amendment and the equal protection clause of the fourteenth amendment. In addition, the Note will examine the validity of using the twenty-first amendment to regulate adult entertainment businesses that serve alcoholic beverages.
Unwed Fathers - Adoption - Foster Care Agency Seeking Permission To Consent To Child's Adoption Need Not Always Grant Child's Unwed Father Notice And Opportunity To Be Heard, Michael A. Vaccari
Unwed Fathers - Adoption - Foster Care Agency Seeking Permission To Consent To Child's Adoption Need Not Always Grant Child's Unwed Father Notice And Opportunity To Be Heard, Michael A. Vaccari
Fordham Urban Law Journal
This case note examines the family court's decision in In re Kenneth M., 87 Misc. 2d 295, 383 N.Y.S.2d 1005 (Family Ct. 1976) where the unwed father received neither notice of the pending adoption proceeding nor an opportunity to be heard concerning his child's best interest. The case note discusses the changes in the law as to unwed fathers, through the United States Supreme Court's decision in Stanley v. Illinois, 405 U.S. 645 (1972), holding that all parents were entitled to a hearing on their fitness before their children are removed from their custody and calling for an individualized approach. …
Pre-Trial Detainees Must Be Held Under The Least Restrictive Means Possible To Assure The Detainees' Presence At Trial. Rhem V. Malcolm, 371 F. Supp. 594, Opinion Supplemented, 377 F. Supp. 995 (S.D.N.Y.), Aff'd, 507 F.2d 333 (2d Cir. 1974)., Todd L. Klipp
Fordham Urban Law Journal
Plaintiffs, detainees at the Manhattan House of Detention for Men (MHD), more commonly known as the "Tombs," brought suit for declaratory and injunctive relief against the Commissioner of Corrections of the City of New York, the warden, the mayor, and various state officials. Plaintiffs alleged that the conditions of their detention constituted a denial of their rights under the first, fifth, sixth, eighth, and fourteenth amendments. The United States District Court for the Southern District of New York found unconstitutional conditions did exist and ordered the city to submit a plan within thirty days to remedy the constitutional infirmities. Six …
Constitutional Law-Equal Protection-Relatives' Responsibility Statutes Do Not Create A "Suspect" Classification Based On Wealth
Fordham Urban Law Journal
This note discusses Swoap v. Superior Court - a case brought by two recipients of aid to the aged and their adult children who challenged the constitutionality of two state statutes. One imposed a general duty of support on the children of parents unable to support themselves. The other gave county officials a cause of action against the children to compel contribution to the public assistance given by the state to the needy parents. The plaintiffs argued this was discrimination based on wealth class. The court concluded that it wasn't discrimination based on wealth but on percentage but why discrimination …
Notes
Fordham Urban Law Journal
Civil Rights- Municipalities as Parties- Waiver of Sovereign Immunity by a State does not Give a Federal Cause of Action for Damages under Sections 1983 and 1988 of the Civil Rights Act: This Note evaluates the Supreme Court's holding in Moor v. Alameda with reference to the development of sections 1983 and 1988 of the Civil Rights Act through other relevant case law, such as Monroe v. Pape and United Mine Workers v. Gibbs. It then summarizes the holding, which limits persons deprived of civil rights by a municipal employee and who are seeking damages from the municipality in federal …
Case Notes
Fordham Urban Law Journal
A look at the recent decisions in Chance v. Board of Examiners, 458 F.2d 1167 (2d Cir. 1972); Bullock v. Carter, 405 U.S. 134 (1972); Dunn v. Blumstein, 405 U.S. 330 (1972); Lamb v. Brown, 456 F.2d 18 (10th Cir. 1972); Perez v. United States, 402 U.S. 146 (1971); Oliver v. Postel, 30 N.Y.2d 171, 282 N.E.2d 306, 331 N.Y.S.2d 407 (1972); and Jefferson v. Hackney, 406 U.S. 535 (1972).
Equal Protection And Discrimination In Public Accommodations
Equal Protection And Discrimination In Public Accommodations
Fordham Law Review
No abstract provided.