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Articles 1 - 6 of 6
Full-Text Articles in Law
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. …
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.
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 …
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. …