Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Judges (24)
- Judicial Appointment (15)
- Judicial Selection (15)
- Nominating (10)
- Nominating Committee (10)
-
- Nomination (10)
- George bundy smith (6)
- Judge (6)
- New york state court (6)
- Tribute (6)
- Accountability (5)
- Commission (5)
- Independence (5)
- Judicial performance (5)
- Legal Education (5)
- Legitimacy (5)
- Commissions (4)
- Poverty (4)
- Principles (4)
- Representativeness (4)
- Transparency (4)
- Appointment (3)
- Poverty Law (3)
- Dworkin (2)
- Judicial Nomination (2)
- Pennsylvania (2)
- Reform (2)
- ADR (1)
- Absentee ballots (1)
- Agreement (1)
Articles 1 - 30 of 59
Full-Text Articles in Law
Urban Revitalization In The Post-Kelo Era, Lynn E. Blais
Urban Revitalization In The Post-Kelo Era, Lynn E. Blais
Fordham Urban Law Journal
An ongoing urban revitalization project arrested by legislative reponses to the Kelo decision is likely to play out in many cities and towns across the country in the next few years. Since Kelo was decided, thirty-four states have adopted some responsive legislation or constitutional amendment. These new laws, to varying degrees and using various mechanisms, limit the power of state and local governments to use eminent domain to faciliate economic redevlopment projects. This Article explores the reach of these statutes and their likely consequences for ongoing and future urban revitalization project.
Winding Toward The Heart Of The Takings Muddle: Kelo, Lingle, And Public Discourse About The Private Property, Jane B. Baron
Winding Toward The Heart Of The Takings Muddle: Kelo, Lingle, And Public Discourse About The Private Property, Jane B. Baron
Fordham Urban Law Journal
People care about property. In 2005, the United States Supreme Court decided two cases with deep connections to that concern, both brought by property owners challenging the government's power under the Takings Clause to take title to, or significantly affect the value of, their property. Kelo v. City of New London has been seen as controversial while Lingle v. Chevron USA Inc. has received far less public attention. This Article argues that the significance of Kelo and of Lingle lies in the extent to which the two cases engage with, or fail to engage with, the cultural debate over the …
City Governments And Predatory Lending, Jonathan L. Entin, Shadya Y. Yazback
City Governments And Predatory Lending, Jonathan L. Entin, Shadya Y. Yazback
Fordham Urban Law Journal
This Article assesses the legal challenges that cities can face in trying to deal with predatory lending. Part I provides an overview of the problem. Part II focuses on the common law and statutory claims that cities might bring, with particular emphasis on the evidentiary isses that cities can face and the requirements of standing that could severely limit the effectiveness of lawsuits brought by municipalities. The Article then turns to city efforts to regulate predatory lending pursuant to their home rule authority, efforts than can be stymied both by state laws that supersede municipal ordinances and federal regulations that …
Brownfields At 20: A Critical Reevaluation, Joel B. Eisen
Brownfields At 20: A Critical Reevaluation, Joel B. Eisen
Fordham Urban Law Journal
This Articles looks at brownfields policies in one state, New Jersey, and suggests how to make the approach of brownfields revitalization more development-centered and less developer-centered. Following a basic description of the New Jersey Program, this Article discusses two specific developments, the BDA initiative and the recent "Grace Period Rule," that changed some aspects of the program.
The Houses That Eminent Domain And Housing Tax Credits Built: Imagining A Better New Orleans, Carol Necole Brown, Serena M. Williams
The Houses That Eminent Domain And Housing Tax Credits Built: Imagining A Better New Orleans, Carol Necole Brown, Serena M. Williams
Fordham Urban Law Journal
Proposals for investing in and rebuilding urban enclaves such as New Orleans are layered with controversy and difficulty. One of the most significant impediments to rebuilding New Orleans will be addressing the need to replenish the depleted rental housing market. Racial and economic integration of housing markets and appropriate use of private sector money to replenish the rental housing stock within a "reasonable" time period are indispensable components of a responsible revitalization and renewal plan. This Article contends that a combination of the smart exercise of eminent domain and of "housing production subsidies" -- housing tax credits -- is necessary …
Achieving Better Outcomes For Litigants In The New York State Courts, Chief Administative Judge Jonathan Lippman
Achieving Better Outcomes For Litigants In The New York State Courts, Chief Administative Judge Jonathan Lippman
Fordham Urban Law Journal
Remarks at the Inaguargal Fordham Dispute Reolution Society Symposium "ADR as a Tool for Achieving Social Justice."
The Use Of Adr Involving Local Governments: The Perspective Of The New York City Corporation Counsel, Michael A. Cardozo
The Use Of Adr Involving Local Governments: The Perspective Of The New York City Corporation Counsel, Michael A. Cardozo
Fordham Urban Law Journal
Alternative dispute resolution can sometimes be a very useful and powerful tool in resolving social problems in which local governments find themselves. But ADR is not the answer to resolving much of the litigation involving disputes over governmental policy. Generally, there are three different types of governmental disputes potentially susceptible to ADR treatment: Money disputes, land use and enironmental controversities, and claims by a particular group of people that a specific social policy being pursued or not pursued by the government is somehow illegal.
How Can Adr Alleviate Long-Standing Social Problems?, Kenneth R. Feinberg
How Can Adr Alleviate Long-Standing Social Problems?, Kenneth R. Feinberg
Fordham Urban Law Journal
Keynote Address at Inaugual Fordham Dispute Resolution Society Symposium: "ADR as a Tool for Achieving Social Justice."
The Judicial Independence Through Fair Appointments Act, Norman L. Greene
The Judicial Independence Through Fair Appointments Act, Norman L. Greene
Fordham Urban Law Journal
The Judicial Independence Through Fair Appointments Act is a model act which provides a merit-based system for selecting a qualified, independent, accountable, and diverse judiciary based onclose study of existing systems. It provides the entire structure of a judicial selection by appointment system, building on concepts in established commission-based appointment plans and incorporating important refinements.
English Reforms To Judicial Selection: Comparative Lessons For American States? , Judith L. Maute
English Reforms To Judicial Selection: Comparative Lessons For American States? , Judith L. Maute
Fordham Urban Law Journal
This article offers a brief comparative look at American and British jurisprudential pending selection reforms, and argues that American states could improve their appointive systems by incorporating modern personnel recruitment and hiring practices. To restore public confidence in the courts, people must believe that judges exercise legitimate authority, undistorted by personal or partisan preferences. Beyond changes to the structural selection process in the Constitutional Reform Act, the extended conversations are bringing about foundational cultural shifts in the role of judges and their manner of selection. We could learn much from Britain’s modernized appointive system that aims to be open, transparent, …
A Comparison Of The Criminal Appellate Decisions Of Appointed State Supreme Courts: Insights, Questions, And Implications For Judicial Independence, Aman L. Mcleod
Fordham Urban Law Journal
This Article presents the results of a study conducted to see whether state supreme courts selected in states with dissimilar appointment systems differ in the way they decide criminal appeals. Comparing the criminal decisions of courts selected with different appointment systems may also suggest something about how different appointment systems impact judicial independence.
Careful What You Wish For: Tough Questions, Honest Answers, And Innovative Approaches To Appointive Judicial Selection, Steven Zeidman
Careful What You Wish For: Tough Questions, Honest Answers, And Innovative Approaches To Appointive Judicial Selection, Steven Zeidman
Fordham Urban Law Journal
This Essay, informed in significant part by personal experience, examines in greater detail some of the common features of appointive systems, and in the process raises issues, concerns, and questions. Every step of the way the goal remains the same—to devise an appointive system most likely to yield as outstanding a judiciary as possible.
Affordable Housing, Land Tenure, And Urban Policy: The Matrix Revealed, J. Peter Byrne, Michael Diamond
Affordable Housing, Land Tenure, And Urban Policy: The Matrix Revealed, J. Peter Byrne, Michael Diamond
Fordham Urban Law Journal
This Article describes the policies advanced by housing programs and shows where tension between the policies and programs exists. This Articles also attempts to organize and clarify the relationships among various goals of subsidized housing policy and the elements of programs adopted to meet them. The Article then proceeds by detailing eight possible objectives of subsidized housing and considers how different housing programs may or may not accomplish these objectives.
A Tribute To Hon. George Bundy Smith -- A Good Lawyer, Mark Alcott
A Tribute To Hon. George Bundy Smith -- A Good Lawyer, Mark Alcott
Fordham Urban Law Journal
Speech given in tribute to George Bundy Smith, including discussion of his contributions to Fordham Law activities, volunteer organizations, and for the New York State Bar Association, in addition to his work as a writer, teacher, and family member.
A Tribute To Hon. George Bundy Smith -- A Remarkable Jurist And A Remarkable Man, Cornett Lewers
A Tribute To Hon. George Bundy Smith -- A Remarkable Jurist And A Remarkable Man, Cornett Lewers
Fordham Urban Law Journal
A tribute to George Bundy Smith, emphasizing his contributions to The Metropolitan Black Bar Association and the Metropolitan Black Bar Scholarship Fund, as well as his past work as a civil rights protester, and an accomplished jurist.
A Tale Of Two Greenways: A Comparative Study Of Greenway Projects, Gabrielle Markeson
A Tale Of Two Greenways: A Comparative Study Of Greenway Projects, Gabrielle Markeson
Fordham Urban Law Journal
This Comment discusses the recent trend in urban planning which places an emphasis on creating smart growth communities, which encourage mixed land use, alternative modes of transportation, and incorporating green space in development to combat urban sprawl. Smart growth communities often offer greenways, which encompass a broad range of green space including open space along rivers and streams, natural or landscaped courses for pedestrian or bicycle passage, open space connectors for parks, and linear parks designated as parkways, among others. The Comment discusses the environmental, economic, and health benefits of greenways. While greenways have become desirable, many communities aren't successful …
The Secret To Success: An Examination Of New York State Mediation Related Litigation, Andrew N. Weisberg
The Secret To Success: An Examination Of New York State Mediation Related Litigation, Andrew N. Weisberg
Fordham Urban Law Journal
This Comment examines the difficulties in using alternative dispute resolution, specifically mediation, to settle disputes between parties. While mediation is meant to lighten the courts' caseload, it occasionally results in post-settlement issues concerning the mediated agreement, leaving the court to determine whether the agreement should be enforced. This Comment examines such enforcement issues, specifically how often enforcement issues arise and the typical grounds on which parties rely to vacate or modify mediated agreements. It discusses the research conducted on New York State cases decided between 1/1/2004 and 10/31/2006 and describes research conducted by Hamline University School of Law Professors James …
Incompletely Theorized Agreements: An Unworkable Theory Of Judicial Modesty, Yavar Bathaee
Incompletely Theorized Agreements: An Unworkable Theory Of Judicial Modesty, Yavar Bathaee
Fordham Urban Law Journal
This Comment examines the conflicting demands on American courts to safeguard the will of the legislature, ensure the protection of the minority, and resolve particular disputes and redress particular injuries. The manner and scope in which a court theorizes is critical as it binds future courts and litigants to its decisions. Professor Cass Sunstein proposes a jurisprudence of minimalism and supports theoretical modesty in the form of the "incompletely theorized agreement", the notion that individuals can agree on less theorized principles to resolve cases at hand without resorting to high-level theoretical pronouncements. This Comment addresses Sunstein's minimalist regime within the …
Undermining Individual And Collective Citizenship: The Impact Of The Exclusion Laws On The African-American Community, S. David Mitchell
Undermining Individual And Collective Citizenship: The Impact Of The Exclusion Laws On The African-American Community, S. David Mitchell
Fordham Urban Law Journal
The purpose of this Article is to demonstrate that felon exclusion laws are not race neutral and that the application of the laws has a racially discriminatory effect, and to call for their abolition. The laws contribute to the erosion of citizenship rights for the individual African-American ex-felon, and the undermining of the collective citizenship rights of the larger African-American community. Part II discusses the conceptualization of citizenship that underscores the premise of the Article. Part III discusses the exclusions that ex-felons encounter and the resulting impact on the individual and the community. Using Alabama as a case study, Part …
From Ashcroft To Larios: Recent Redistricting Lessons From Georgia, Ronald Keith Gaddie, Charles S. Bullock, Iii
From Ashcroft To Larios: Recent Redistricting Lessons From Georgia, Ronald Keith Gaddie, Charles S. Bullock, Iii
Fordham Urban Law Journal
In this Article, we explore the impact of a court-ordered and implemented re-crafting of state legislative districts in the state of Georgia. First, we explore the notion of “fairness” in legislative redistricting and identify the factors associated with a “fair” map. We then describe the partisan nature of the 2001 Georgia state legislative redistricting and the political consequences of this most effective gerrymander. We also describe the two legal challenges to the Georgia maps—Georgia v. Ashcroft and Larios v. Cox—and discuss the path of both cases to the U.S. Supreme Court. We then explore the expected and observed consequences of …
Expressive Merchandise And The First Amendment In Public Fora, Genevieve Blake
Expressive Merchandise And The First Amendment In Public Fora, Genevieve Blake
Fordham Urban Law Journal
Courts have struggled to strike a balance between the interests of individuals and cities with the application of intermediate scrutiny to content-neutral time, place, and manner restrictions, and several variations have emerged. This Comment will examine the breadth of those approaches as they affect the determination of what expression triggers First Amendment protection. Ultimately, the Note will argue for a re-thinking of how courts evaluate the scope of First AMendment protection and municipal regulation of expressive activity.
Election Fraud And The Initiative Process: A Study Of The 2006 Michigan Civil Rights Initiative, Jocelyn Friedrichs Benson
Election Fraud And The Initiative Process: A Study Of The 2006 Michigan Civil Rights Initiative, Jocelyn Friedrichs Benson
Fordham Urban Law Journal
This Article details and analyzes the allegations of fraud that surrounded the placement of the Michigan Civil Rights Initiative on the 2006 Michigan ballot, with an emphasis on the normative concerns that such a phenomenon engenders. It seeks to place the Michigan events in the broader legal and historical context of election fraud and ballot initiatives, and discusses why the events surround the MCRI signature-gathering process are a serious cause for concern. The Article ultimately enumerates three specific state proposals, as well as a federal proposal, for addressing the use of fraud and misrepresentation in gathering signatures to place initiatives …
Military Voting And The Law: Procedural And Technological Solutions To The Ballot Transit Problem, R. Michael Alvarez, Thad E. Hall, Brian F. Roberts
Military Voting And The Law: Procedural And Technological Solutions To The Ballot Transit Problem, R. Michael Alvarez, Thad E. Hall, Brian F. Roberts
Fordham Urban Law Journal
In this Article, we examine how the issue of military voting has changed over time from one beset by procedural difficulties, often intentional with states changing election laws to promote military voting only within a given set of parameters and to restrict voting by those deemed unworthy of the franchise, to a logistical and technological issue that focuses on how new technologies can fully facilitate military voting. Part II of this Article will briefly outline the scope of the military and overseas voting issue. Part III will outline and address the conflicting statutory frameworks between federal and state election laws. …
A Price On Volunteerism:The Public Has A Higher Duty To Accommodate Volunteers, Lauren Attard
A Price On Volunteerism:The Public Has A Higher Duty To Accommodate Volunteers, Lauren Attard
Fordham Urban Law Journal
This Comment first examines the issues presented in Bauer (including the holding that the Americans with Disabilities Act does not protect these volunteers from discrimination) and the court’s rationale for finding that volunteers are not protected under Title III. Part II explores the requirements and differences between Title I and Title III and provides some history of the definitions of “volunteer” and “employee.” Part III presents a public duty thesis arguing that the responsibility of providing accommodations should not belong solely to employers in the context of employees, or public accommodations in the context of patrons, but to all factions …
A Tribute To Hon. George Bundy Smith -- A Friend And Colleague, Richard C. Wesley
A Tribute To Hon. George Bundy Smith -- A Friend And Colleague, Richard C. Wesley
Fordham Urban Law Journal
A tribute to George Bundy Smith, recalling time spent as colleagues and friends at the New York State Court of Appeals. The remarks describe Judge Smith on a personal and professional, discussing work he performed at the NAACP, and described his education in some detail.
The Incoherence Of American Corporate Governance And The Need For Federal Standards, Timothy De Lizza
The Incoherence Of American Corporate Governance And The Need For Federal Standards, Timothy De Lizza
Fordham Urban Law Journal
This Comment suggests that the U.S. Congress should expand the SEC’s mandate so that it has clear authority to implement corporate governance standards. Part I provides an overview of problems regarding how much executive pay is given, how pay is set, and how it is disclosed. It then highlights regulatory responses to those problems, including how they provide contradictory incentives and result in unpredictability and over-regulation. Part II considers the current scope of the SEC’s mandate, including courts’ and commentators’ difficulty in defining its boundaries. Part II concludes that this difficulty sometimes makes the SEC’s regulatory actions either ineffective or …
A Tribute To Hon. George Bundy Smith, William Michael Treanor
A Tribute To Hon. George Bundy Smith, William Michael Treanor
Fordham Urban Law Journal
Opening remarks at ceremony honoring Judge George Bundy Smith, including anecdotes from past students, an overview of Judge Smith's career and accomplishments, and a recognition of distinguished guests in the audience.
A Tribute To Hon. George Bundy Smith -- Colleague, Teacher, And Friend, Judith S. Kaye
A Tribute To Hon. George Bundy Smith -- Colleague, Teacher, And Friend, Judith S. Kaye
Fordham Urban Law Journal
A tribute to Judge George Bundy Smith, discussing his work ethic both as a judge, professor, and mentor, his principles as a jurist, and his personal qualities.
A Tribute To Hon. George Bundy Smith -- Leadership, Fern Fisher
A Tribute To Hon. George Bundy Smith -- Leadership, Fern Fisher
Fordham Urban Law Journal
A tribute to George Bundy Smith, highlighting his commitment to social justice.
A Tribute To Hon. George Bundy Smith -- Excellence, Sandra Jefferson Grannum
A Tribute To Hon. George Bundy Smith -- Excellence, Sandra Jefferson Grannum
Fordham Urban Law Journal
A tribute to George Bundy Smith, focusing on his commitment to excellence as a teacher, mentor, and professional.