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Articles 1 - 30 of 37
Full-Text Articles in Law
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.
Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny Roberts
Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny Roberts
Fordham Urban Law Journal
Unlike rules governing discovery in civil cases, which require that the two sides exchange most information about their respective cases, criminal discovery result in a much more limited flow of information. Many commentators, for many years, have called for the liberalization of criminal discovery statutes and rules. Indeed, some states have heeded the call. But about a dozen states follow the highly restrictive federal rule, which is premised in part on the idea that a defendant should not be entitled to witness names or statements for pretrial investigation, but rather only for cross-examination purposes should the case ever get to …
Blighting The Way: Urban Renewal, Economic Development, And The Elusive Definition Of Blight, Colin Gordon
Blighting The Way: Urban Renewal, Economic Development, And The Elusive Definition Of Blight, Colin Gordon
Fordham Urban Law Journal
This article examines the way municipalities have used increasingly broad interpretations of "blight" to compete for state tax increment financing (TIFs) for economic development purposes. It traces the definition of blight in the context of state and federal urban redevelopment programs from the nineteenth century through the Progressive Era to the advent of TIF laws in the 1980s and 90s. It goes on to discuss the how the concept of "blight" has shifted from a condition of substandard housing to a condition of "sub-optimal" local economic development, in part due to intense competition among municipalities for TIFs. The article concludes …
Let Them Rent Cake: George Pataki, Market Ideology, And The Attempt To Dismantle Rent Regulation In New York, Craig Gurian
Let Them Rent Cake: George Pataki, Market Ideology, And The Attempt To Dismantle Rent Regulation In New York, Craig Gurian
Fordham Urban Law Journal
This article examines the ideological and political struggle over rent regulation that was waged by rent regulation opponents in the Spring of 1997. Part I traces the debate as it unfolded in 1997, including the role of legislative leaders, the governor, the press, and anti-regulation advocates. It focuses on the assumptions about the market shared by the various anti-regulation protagonists, and on the factors starkly omitted from their analyses. Part II sets forth the results of the debate, examining the provisions and consequences of the "Rent Regulation Reform Act of 1997," including the legislation passed in 2003 to extend rent …
The First Amendment: Churches Seeking Sanctuary For The Sins Of The Fathers, Jeffrey R. Anderson, Mark A. Wendorf, Frances E. Baillon, Brant D. Penney
The First Amendment: Churches Seeking Sanctuary For The Sins Of The Fathers, Jeffrey R. Anderson, Mark A. Wendorf, Frances E. Baillon, Brant D. Penney
Fordham Urban Law Journal
This article examines whether the Free Exercise Clause or Establishment Clause of the First Amendment, or the judicial abstention doctrine, shields religious institutions from otherwise cognizable tort claims caused by their agents or employees. It concludes that the Constitution does not provide a religious institution with the right or privilege to operate as a law unto itself -- the institution must comply with the law of civil government. Part I provides a brief introduction and background on the First Amendment. Parts II, III, and IV analyze the Free Exercise Clause, judicial abstention doctrine, and the Establishment Clause, respectively, and how …
Leaders, Followers, And Free Riders: The Community Lawyer's Dilemma When Representing Non-Democratic Client Organizations, Michael Diamond, Aaron O'Toole
Leaders, Followers, And Free Riders: The Community Lawyer's Dilemma When Representing Non-Democratic Client Organizations, Michael Diamond, Aaron O'Toole
Fordham Urban Law Journal
This article explores various aspects of the dissonance between the democratic ideal and the reality of groups in disenfranchised and disempowered communities. The authors discuss the intersection of democracy and community action by examining the sociology of groups and the social psychology of leaders and followers. They also examine the role of, and choices presented to, an attorney working in a community and for a local community group.
Catholic Clergy Sexual Abuse Meets The Civil Law, Thomas P. Doyle, Stephen C. Rubino
Catholic Clergy Sexual Abuse Meets The Civil Law, Thomas P. Doyle, Stephen C. Rubino
Fordham Urban Law Journal
This article examines the sexual abuse scandal that has racked the Roman Catholic Church since 1984, focusing in particular on how the Church's authority structure has responded and how the American civil court system has been used by victims to seek redress. It gives an overview of the Church's legal system, Canon Law, and the way that system and the Church leadership have dealt (or failed to deal) with the problem of sexual abuse. Part II takes a "long look back" to the history of sexual abuse and Canon Law before 1984. Part III details how the Church has dealt …
The Continuing Crisis In Affordable Housing: Systemic Issues Requiring Systemic Solutions, Paulette J. Williams
The Continuing Crisis In Affordable Housing: Systemic Issues Requiring Systemic Solutions, Paulette J. Williams
Fordham Urban Law Journal
This article compares programs designed to provide rental housing and programs designed to promote homeownership and attempts to determine which of the existing programs better promotes economic security among the population both are designed to benefit. Part II presents a framework for a discussion of affordable housing policy issues, outlining the complex environment of affordable housing development, and the multiple interests that need to be involved in developing any coherent policy. Part III gives a short history of public housing policies from 1937 to the end of the twentieth century. Part IV discusses the major rental housing programs, including the …
The Collision Of Church And State: A Primer To Beth Din Arbitrarion And The New York Secular Courts, Ginnine Fried
The Collision Of Church And State: A Primer To Beth Din Arbitrarion And The New York Secular Courts, Ginnine Fried
Fordham Urban Law Journal
This Comment analyzes the interaction between secular courts and beth din proceedings (arbitration panels made up of specialists in halacha, or Jewish law). Part I examines the reasons why an independent Jewish religious court system is required and utilized despite the existence of a fair and equitable secular court system. It describes the Jewish legal principles involved, and how they impact both Jewish litigants and lawyers. Part II describes the mechanics of transforming a religious tribunal into a legally binding arbitration panel in New York State. Part III discusses the limited grounds upon which a beth din award may be …
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.
Saving Roe Is Not Enough: When Religion Controls Healthcare, Susan Berke Fogel, Lourdes A. Rivera
Saving Roe Is Not Enough: When Religion Controls Healthcare, Susan Berke Fogel, Lourdes A. Rivera
Fordham Urban Law Journal
This article advocates for legislative action against the "religious exemptions" or "conscience clauses" used by religiously-affiliated healthcare facilities, particular in the context of refusing abortion, sterilization, and other reproductive health services. Among other recommendations, the authors call for religious exemptions on the individual rather than institutional level; that the religious exemption be disallowed in rural areas or situations where reasonable alternatives are unavailable; and a requirement that complete, medically accurate information be made available regardless of a religious exemption.
Econometric Analyses Of U.S. Abortion Policy: A Critical View, Jonathan Klick
Econometric Analyses Of U.S. Abortion Policy: A Critical View, Jonathan Klick
Fordham Urban Law Journal
This article surveys, in non-technical language, various econometric studies on the correlation between changes in access to abortion (whether through legalization, increased public funding, increased safety, etc.) and social phenomena such as sexual activity, crime, and opportunities for women. It argues that many econometrics-based abortion studies are contentious, often yielding varying results depending on the stakes of those commissioning the studies, and often too technical to be useful to policy-makers. As a result of these shortcomings, the author calls for methodological soundness and publication for a more general audience for those social scientists who want to enter the reproductive rights …
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 …
A Practitioner's Reflections: The Ongoing Relevance Of The Pro Bono Response To 9/11, Ronald J. Tabak
A Practitioner's Reflections: The Ongoing Relevance Of The Pro Bono Response To 9/11, Ronald J. Tabak
Fordham Urban Law Journal
This article discusses the pro bono response to the horrendous events of 9/11 and its ongoing importance. This is not simply because these efforts could replicated or improved on as a response in the event of another catastrophe. More importantly, what was and was not accomplished and by whom, plus the spillover effects of 9/11-related pro bono efforts, all have great significance to efforts to increase "regular” pro bono activities.
Preparing For The Worst: Re-Envisioning Disaster Legal Relief In The Era Of Homeland Security, Martha F. Davis
Preparing For The Worst: Re-Envisioning Disaster Legal Relief In The Era Of Homeland Security, Martha F. Davis
Fordham Urban Law Journal
The New York legal community's response to the September 11th disaster provides an excellent example of pro bono assistance in a time of crisis. The New York response featured many well-trained lawyers with extensive resources and organizational efforts from the New York City bar. However, not all communities have the same resources and ability to mobilize for a large pro bono effort in response to a disaster. While the New York response was impressive, a lasting effect on pro bono participation or an improvement in the public's perception of the legal profession has not resulted. This essay explores whether, despite …
Normalcy After 9/11: Public Service As The Crisis Fades, Russell Engler
Normalcy After 9/11: Public Service As The Crisis Fades, Russell Engler
Fordham Urban Law Journal
The legal community's response to 9/11 was fast, thoughtful, comprehensive, creative, and collaborative. The success of the legal community's efforts must be measured not only by analysis of the response to the 9/11 crisis itself, but also by consideration of whether the lessons learned paved the way for an improved response for the legal community to the legal crises facing families every day. The Report on the New York City Bar's response to 9/11 outlined unmet legal needs, many of which still remain unmet. There is also a risk that those responding to the crisis were diverted from attending to …
Pro Bono In Times Of Crisis: Looking Forward By Looking Back, Deborah Rhode
Pro Bono In Times Of Crisis: Looking Forward By Looking Back, Deborah Rhode
Fordham Urban Law Journal
Thousands of lawyers donated their time in response to the crisis of 9/11, but many did not. A remaining challenge is to ensure that the vast majority of the legal profession views public service as an essential professional responsibility. This essay examines previous studies on the pro bono contributions of those in the legal profession and how the findings of those studies show what motivations and sustains lawyers' public service. Specifically, this essay examines pro bono legal assistance in response to the 9/11 crisis. The author explains that it is essential to give law students a sense of obligation in …
Conference Report: New York City's Criminal Courts Are We Achieving Justice?, Martha Rayner
Conference Report: New York City's Criminal Courts Are We Achieving Justice?, Martha Rayner
Fordham Urban Law Journal
On October 18, 2003, more than one hundred professionals from the five boroughs of New York City came together to identify, evaluate, and begin to solve some of the complex problems embedded in the culture, operations, and practice in New York City's Criminal Courts. The conference planners focused on five problems that have undermined the pursuit of justice in New York City’s Criminal Court system for decades. The first group, Arraignment Norms, Practices and Culture, targeted professionalism and justice at the first and often last court appearance for people arrested and charged with misdemeanor crimes in New York City. The …
Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reenty Into Criminal Defense Lawyering, Michael Pinard
Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reenty Into Criminal Defense Lawyering, Michael Pinard
Fordham Urban Law Journal
Over the past two decades, public defender offices across the country have broadened the range of defense services provided to indigent clients. These expanded services, some of which involve representing clients on related non-criminal matters such as housing and public benefits, are included in what is now commonly referred to as "holistic representation."' This form of representation strives to encompass the various underlying issues that often lead to clients’ experiences with the criminal justice system, with the aim of addressing those circumstances and preventing future criminal involvement. Holistic representation signals a paradigmatic shift in defense philosophy and ideology and has …
The Adjudication Of Minor Offenses In New York City, Ian Weinstein
The Adjudication Of Minor Offenses In New York City, Ian Weinstein
Fordham Urban Law Journal
American criminal justice is founded on overcriminalization and discretion. Our legislatures have long criminalized much more conduct than can be effectively sanctioned. American police and prosecutors have been granted virtually unreviewable authority (discretion) to allocate investigative and prosecutorial resources. Minor crimes absorb the bulk of our ordinary, local enforcement efforts and there is an endless supply of minor crime, which may be pursued. With minor offenses, discretion is critical at all phases. This article argues that criminal courts, where ninety percent of all cases are heard, could benefit from reform. The author argues for the development of the record so …
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 …
Are Talebearers Really As Bad As Talemakers?: Rethinking Republisher Liability In An Information Age , Jennifer L. Del Medico
Are Talebearers Really As Bad As Talemakers?: Rethinking Republisher Liability In An Information Age , Jennifer L. Del Medico
Fordham Urban Law Journal
This Comment critiques the legal landscape surrounding republisher liability for defamation and ultimately calls for a more reaching approach to protect against such liability. Historically at common law republishers could be held liable for defamation regardless of whether they attributed the source of the material. However, starting in 1933 courts articulated the “wire service defense” that sought to eliminate liability for republishers when they “republished a wire story from a generally recognized reliable source of daily news.” Subsequent to the 1933 Florida court’s articulation of the defense many jurisdictions have adopted it. New York stands out as one of the …
Should Public Relations Experts Ever Be Privileged Persons?, Deniza Gertsberg
Should Public Relations Experts Ever Be Privileged Persons?, Deniza Gertsberg
Fordham Urban Law Journal
This Comment addresses the issue of whether, and under what circumstances, a lawyer’s communications with a public relations expert, whose advice is only valuable to the extent that it is communicated fully and freely with the attorney, will be protected by the attorney-client privilege. This Comment focuses on the role of public relations firms in the criminal law context, where constitutional concerns often arise. The author begins by laying out the history and background of the attorney-client privilege, and how the defense lawyer’s role has changed as a result of the rise of mass media. The Comment then goes on …
Hungry, Hungry Hippa: When Privacy Regulations Go Too Far, Meredith Kapushion
Hungry, Hungry Hippa: When Privacy Regulations Go Too Far, Meredith Kapushion
Fordham Urban Law Journal
This Comment explores the constructs and consequences of the Health Insurance Portability and Accountability Act of 1966 (“HIPAA”). HIPPA imposes considerable regulatory burdens on health care organizations in the hope that strict administration and control of information will prevent both real and perceived injuries from unauthorized and unwanted scrutiny of personal health data. In outlining the nature of HIPPA, the author presents what in her view are the Act’s shortcomings – HIPPA’s high costs, questionable benefits, and numerous economic, legal, and administrative consequences. As a result, the author presents alternatives to HIPPA that are less intrusive but still address the …
Playing With Work: Must "Work" Be Treated As A "Major Life Activity" For Purposes Of The Americans With Disability Act?, Daniel A. Mcmillan
Playing With Work: Must "Work" Be Treated As A "Major Life Activity" For Purposes Of The Americans With Disability Act?, Daniel A. Mcmillan
Fordham Urban Law Journal
This Note explores the American with Disabilities Act of 1990 (“ADA”) and how two Supreme Court decisions, Sutton v. United Airlines, Inc. and Toyota Motor Manufacturing, Kentucky v. Williams, could ultimately restrict the Act's reach. The ADA protects disabled individuals from discrimination in employment, in access to services by both private and public entities, and in access to telecommunications. The Act defines a disability as “a physical or mental impairment that substantially limits one or more of the major life activities of such individual.” According to the Note, under traditional agency regulations and case law from the lower courts “work” …
Housing Gideon: The Right To Counsel In Eviction Cases , Rachel Kleinman
Housing Gideon: The Right To Counsel In Eviction Cases , Rachel Kleinman
Fordham Urban Law Journal
While the legal system recognizes an indigent’s constitutional right to counsel in a criminal trial the same is not true with respect to civil cases. This Comment examines this legal reality by focusing specifically on an indigent’s inability to gain access to counsel within the confines of eviction proceedings. The author lays out the arguments for both those who favor recognizing an indigent’s right to counsel in eviction proceedings and those opposed to recognizing that right. Ultimately, absent an indigent’s access to counsel in these civil cases, their ability to have any sort of meaningful access to justice is seriously …
In Pursuit Of Safety And Soundness: An Analysis Of The Occ's Anti-Predatory Lending Standard, Diana Mcmonagle
In Pursuit Of Safety And Soundness: An Analysis Of The Occ's Anti-Predatory Lending Standard, Diana Mcmonagle
Fordham Urban Law Journal
In order to combat the escalating problem of predatory lending, the Office of the Comptroller of the Currency (“OCC”), a federal regulator of the national banking industry, issued a Final Rule in 2004 which sets forth a uniform federal standard to guide banking policies on predatory practices and to aid regulator’s identification of predatory loans. The anti-predatory standard states that “a national bank shall not make a consumer loan . . . based predominantly on the bank’s realization of the foreclosure or liquidation value of the borrower’s collateral, without regard to the borrower’s ability to repay the loan according to …
A Tale Of Three Northern Manhattan Communities: Case Studies Of Political Empowerment In The Planning And Developing Process, Richard C. Bass, Cuz Potter
A Tale Of Three Northern Manhattan Communities: Case Studies Of Political Empowerment In The Planning And Developing Process, Richard C. Bass, Cuz Potter
Fordham Urban Law Journal
This article reviews three development proposals in Northern Manhattan communities, how community boards responded to those proposals, and how the responses affected the outcome of each development. The article begins with a broad overview of the history of community boards' role in urban planning in New York City. It finds that boards have become increasingly influential in new development plans, empowering the communities they represent. The Article goes on to analyze three recent proposals in turn (an expansion of Columbia University in Morningside Heights, a residential development in Central Harlem, and a comprehensive rezoning of East Harlem) according to "zoning," …
The Abortion Debate Thirty Years Later: From Choice To Coercion, Maureen Kramlich
The Abortion Debate Thirty Years Later: From Choice To Coercion, Maureen Kramlich
Fordham Urban Law Journal
This article critiques the notion of abortion as a "positive liberty." The author argues that the court's holding in Roe v. Wade created a negative right to abortion, meaning that an individual seeking an abortion is merely protected from government interference. Over time, "pro-abortion" advocates have sought a positive right to access an abortion, including government funding. The author finds this position problematic and outside the scope of Roe, particularly as it erodes religious healthcare providers' right to refuse to perform the procedure.