Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Ghg (2)
- Litigation (2)
- Prisoner (2)
- Prisoner rights (2)
- Public rights (2)
-
- Ada (1)
- Adolescent (1)
- As-applied challenges (1)
- Attorney's fee (1)
- Attorney's fees (1)
- Bail (1)
- Barrentine (1)
- Bulk emissions. (1)
- Butler (1)
- Carbon reduction (1)
- Class action (1)
- Climate change (1)
- Clinic (1)
- Coastal (1)
- Common law (1)
- Constitutional law (1)
- Danger signs (1)
- Disability (1)
- Disclosure (1)
- Eighth Amendment (1)
- Eighth amendment (1)
- Emissions (1)
- Energy consumption (1)
- Entity liability (1)
- Environment (1)
Articles 1 - 30 of 31
Full-Text Articles in Law
The Path Of Mentally Ill Offenders, William J. Rich
The Path Of Mentally Ill Offenders, William J. Rich
Fordham Urban Law Journal
Beginning with the premise that both the number and percentage of mentally ill inmates as sharply risen in recent years, this Article explores the path of mentally ill offenders in the American criminal justice system. It seeks to identify points of relief from the current crisis, in which a recent report stated that over 40% of state prisoners reported symptoms that met the criteria for mania. The challenge is exacerbated by the fact that prisons now provide a large share of the mental health treatment in the United States, taxing the resources of even the most progressive correctional systems. Part …
Leveraging Maximum Reform While Enforcing Minimum Standards, Alphonse Gerhardstein
Leveraging Maximum Reform While Enforcing Minimum Standards, Alphonse Gerhardstein
Fordham Urban Law Journal
This Article focuses on criminal justice reform in the context of litigation. Specifically, it offers solutions for how to promote effective policies to reduce recidivism and ultimately keep the public safe from crime. It takes the position that litigation that merely focuses on constitutional violations of prison confinement is not complete without a focus on programming and supervision options upon return to society. Part I of the Article reviews some of the problems facing efforts to improve recidivism rates, specifically litigation that solely focuses on prison conditions. Part II deals with programs that should be undertaken to reduce recidivism in …
Getting Real About Race And Prisoner Rights, Michael B. Mushlin, Naomi Roslyn Galtz
Getting Real About Race And Prisoner Rights, Michael B. Mushlin, Naomi Roslyn Galtz
Fordham Urban Law Journal
This Article explores the connection between the dramatic increases in the incarceration of non-whites and the parallel decline in the legal protections for prisoners over the same period. Using the social sciences, the Article suggests that racial tensions play a role in the decisions made by both guards and prison administrators. Further, the authors argue that the communities of these non-white prisoners are the least well equipped to advocate for their well-being. Ultimately, the Article concludes that the law is not currently equipped to confront the possibility of dealing with race-based tensions and structural inequities that are present in the …
Eighth Amedment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory?, Alexander A. Reinert
Eighth Amedment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory?, Alexander A. Reinert
Fordham Urban Law Journal
This Article focuses on two separate issues deriving from the Eighth Amendment's "cruel and unusual punishment" clause. Specifically, it discusses classic conditions of confinement litigation and sentencing proportionality litigation. Confinement litigation includes cases challenging the lived experiences of prisoners such as overcrowding, excessive force, failure to provide adequate medical care, and deprivation of material needs. Sentencing proportionality litigation involves challenges to the length of a prison sentence or mode of punishment. The Article, unlike modern contemporary scholarship, attempts to draw connections between each doctrinal area, ultimately suggesting ways in which proportionality litigation can invigorate conditions litigation. Part I consists of …
Discrimination, Coercion, And The Bail Reform Act Of 1984: The Loss Of The Core Constitutional Protections Of The Excessive Bail Clause, Samuel Wiseman
Discrimination, Coercion, And The Bail Reform Act Of 1984: The Loss Of The Core Constitutional Protections Of The Excessive Bail Clause, Samuel Wiseman
Fordham Urban Law Journal
This Article examines the history and judicial interpretation of the Eighth Amendment's Excessive Bail Clause, which reads "excessive bail shall not be required." Debate on this topic has centered around two questions: whether the Clause binds only the courts or Congress as well and whether it creates any substantive right to bail. Specifically, the Article discusses the Bail Reform Act of 1984, and the Supreme Court's subsequent interpretation of the Act in United States v. Salerno. The Salerno court suggested that the Excessive Bail Clause limits only the judiciary and found, at a maximum, only an extremely limited substantive right …
Our Bandit Future? Cities, Shantytowns, And Climate Change Governance, Colin Crawford
Our Bandit Future? Cities, Shantytowns, And Climate Change Governance, Colin Crawford
Fordham Urban Law Journal
This Article seeks to begin to define a role for cities and their inhabitants in climate change governance. Part I argues that if there is a failure to take into account global urbanization and its defining characteristics, namely extreme squalor and associated social ills, as a central feature of climate change policy, we face a future where cities will experience sustained and perhaps intractable urban violence and social disintegration, a development that can only hasten the separate but related harms caused by climate change on the world’s human and biological populations. Part II explores some of the consequences of the …
Global Cities And The Governance Of Climate Change: What Is The Role Of Law In Cities?, Heike Schroeder, Harriet Bulkeley
Global Cities And The Governance Of Climate Change: What Is The Role Of Law In Cities?, Heike Schroeder, Harriet Bulkeley
Fordham Urban Law Journal
This Article examines how global cities are governing climate change. Part I of this Article provides an overview of the national and international contexts of urban climate governance focusing on the United Kingdom and the United States. Parts II and III analyze London and Los Angeles, respectively, as examples of global cities. They provide a thorough examination of climate change policies and actions in these two cities, based on approximately thirty in-depth interviews with government, business and civil society representatives during 2007-08, as well as official documents and grey literature. Part IV then examines the modes of governance to understand …
The High Cost Of Segregation: Exploring Racial Disparities In High-Cost Lending, Vicki Been, Ingrid Ellen, Josiah Madar
The High Cost Of Segregation: Exploring Racial Disparities In High-Cost Lending, Vicki Been, Ingrid Ellen, Josiah Madar
Fordham Urban Law Journal
This article argues that policy makers addressing racial disparities in the share of subprime mortgages must take into account the relationship between existing levels of racial segregation and the racial disparities in the types of mortgages homeowners received. The authors examine approximately 200 metropolitan areas across the country and note the significant racial disparities in the percentage of subprime mortgages received by different racial groups. Various mechanisms that explain these racial disparities are also explored. The authors ultimately conclude that residential segregation plays a significant role in shaping lending patterns.
Over-Indebtedness, The Subprime Mortgage Crisis, And The Effect On U.S. Cities, A. Mechele Dickerson
Over-Indebtedness, The Subprime Mortgage Crisis, And The Effect On U.S. Cities, A. Mechele Dickerson
Fordham Urban Law Journal
This article discusses the rise of consumer debt in the United States, and argues that relaxed lending standards resulting in more people buying unaffordable homes. The current financial crisis and its effects on homeowners are examined, as well as policy responses to the crisis. The author suggests that instead of waiting for federal bailouts, localities take proactive steps to prevent the crisis from destroying their cities. Finally, the article stresses that the crisis threatens to leave urban areas with a significant number of abandoned homes and that an increase in distressed neighborhoods may reverse years of urban renewal projects.
Private Risk, Public Risk: Public Policy, Market Development, And The Mortgage Crisis, Daniel Immergluck
Private Risk, Public Risk: Public Policy, Market Development, And The Mortgage Crisis, Daniel Immergluck
Fordham Urban Law Journal
This article describes the development of mortgage markets in the United States in the twentieth century, with an emphasis on the growth of high-risk market segments beginning in the 1990s. It focuses on the federal role in the development of stable, risk-limiting products and markets. The author then examines the growth of securitization, including structured finance and its impact on mortgage markets. Finally, the article discusses the policy debates and developments surrounding subprime and other high-risk mortgage lending from the 1990s through the 2007-2008 mortgage crisis. The author concludes that knowledge of the problems and costs of high-risk lending had …
Reducing Home Mortgage Foreclosures In A Predatory Lending Environment: A Case Study Of Mid-Sized City In Central New York, Sandra Phillips
Reducing Home Mortgage Foreclosures In A Predatory Lending Environment: A Case Study Of Mid-Sized City In Central New York, Sandra Phillips
Fordham Urban Law Journal
This article discusses the growing problem of predatory lending, particularly in low-income, inner city neighborhoods, with a case study of communities in Syracuse, New York. The author documents mortgage lending activities and foreclosure patterns in central New York and argues for continued education throughout the home-buying process. A program that reduced foreclosures in low-income urban neighborhoods is discussed. The article also identifies red flags for those involved in the eradication of predatory lending to be altered to, and examines recent federal legislation to strengthen mortgage lending guidelines and reduce foreclosures. The author concludes that Congress should support foreclosure-prevention education initiatives.
Rewriting Contracts, Wholesale: Data On Voluntary Mortgage Modifications From 2007 And 2008 Remittance Reports, Alan M. White
Rewriting Contracts, Wholesale: Data On Voluntary Mortgage Modifications From 2007 And 2008 Remittance Reports, Alan M. White
Fordham Urban Law Journal
This article examines voluntary efforts by mortgage servicers to resolve the mortgage debt overhang by renegotiating mortgage terms with borrowers. Data from national reports on mortgage modifications, as well as from monthly remittance reports by mortgage servicers to their investors is analyzed. The author provides background of the voluntary plan to resolve the subprime mortgage crisis and previous reports on voluntary loan modifications, and presents data on loan modification outcomes. The author concludes that the voluntary mortgage renegotiation plan, while significantly reducing hardship for individual homeowners temporarily, does little to get at the underlying problem of debt overhang. Furthermore, that …
The City And International Law: In Pursuit Of Sustainable Development, Ileana M. Porras
The City And International Law: In Pursuit Of Sustainable Development, Ileana M. Porras
Fordham Urban Law Journal
This article argues that the internationalization of cities and the localization of sustainable development have combined to turn cities into the international loci of sustainable development. The author contends that while it is positive that cities are willing to engage in addressing sustainable development and climate change, there are dangers in allowing cities to take on the primary function of defining sustainable development. Problems caused by privatization of city services and the tendency of cities to consider local interests primary in engaging in the trade-offs required by sustainable development are discussed. Finally, the author concludes that sustainable development requires a …
Public Interest Litigation: Insights From Theory And Practice, Scott L. Cummings, Deborah L. Rhode
Public Interest Litigation: Insights From Theory And Practice, Scott L. Cummings, Deborah L. Rhode
Fordham Urban Law Journal
If public interest litigation has not always delivered all that we desire, it has surely provided no lack of experience. Our challenge now is to integrate these lessons from practice with insights from allied disciplines. Taken together, they remind us of the need to coordinate litigation with broader mobilizing efforts, to think strategically about effectiveness, and to create adequate systems of evaluation and accountability.
Public Rights, Global Perspectives, And Common Law, Martha F. Davis
Public Rights, Global Perspectives, And Common Law, Martha F. Davis
Fordham Urban Law Journal
This Article sets out the case that common law adjudication involving such claims as contractual breaches, wrongful termination, and tort can be, and often are, public rights litigation. Many common law decisions have significant impacts in the community, and—because of the nature of precedent—become quickly embedded in the law where they contribute to the outcomes of future cases as well. Common law cases are a particularly important aspect of public rights litigation because of the paucity of constitutional protections for economic and social rights. In the absence of constitutional protections for such rights, rigorous enforcement of common law claims addressing …
Out With The New, In With The Old: The Importance Of Section 504 Of The Rehabilitation Act To Prisoners With Disabilities, Betsy Ginsberg
Out With The New, In With The Old: The Importance Of Section 504 Of The Rehabilitation Act To Prisoners With Disabilities, Betsy Ginsberg
Fordham Urban Law Journal
People with disabilities are all too well represented in America’s prisons and are frequently not provided with the accommodations necessary to ensure their full participation in prison life. The Supreme Court’s 1997 pronouncement that Title II of the ADA applies to their claims of failure to accommodate and disability-based discrimination has been making its way through the prison grapevine (and hopefully the prison law libraries) over the last dozen years, inspiring prisoners, their advocates and the federal government to use this broad civil rights statute to enforce these rights. Their efforts have been thwarted to some extent by the states’ …
The Odyssey Of Palazzolo: Public Rights Litigation And Coastal Change, Laura J. Hatcher, Ph.D.
The Odyssey Of Palazzolo: Public Rights Litigation And Coastal Change, Laura J. Hatcher, Ph.D.
Fordham Urban Law Journal
The question of whether the state has the right to “take” (in the form of regulation) land in its coastal zones is a much more complex question that the courts, to date, have not been able to manage adequately. The problems faced along the coasts are difficult problems, and will likely not be settled by asking judges to determine the “rightness” of claims made through an adversarial process that tends to oversimplify situations in the process of constructing winnable legal arguments. Nor can we rely simply on administrative agencies or legislatures to protect the rights of individuals or protect them …
"Whistle . . . And You've Got An Audience", Amanda C. Leiter
"Whistle . . . And You've Got An Audience", Amanda C. Leiter
Fordham Urban Law Journal
One of the questions for discussion today is whether public rights litigation is an effective means of social change. This Article does not attempt an answer but begins to explore a set of issues central to any answer: the extent, types, uses, and potential shortcomings of government whistleblowing. There is considerable sociological and legal literature on government whistleblowing, but little of it addresses the issue from the angle relevant to maximizing the efficacy of public rights litigation. This Article begins to fill that gap. Part I discusses the importance of whistleblowers in the vindication and enforcement of public rights. Part …
Facial And As-Applied Challenges Under The Roberts Court, Gillan E. Metzger
Facial And As-Applied Challenges Under The Roberts Court, Gillan E. Metzger
Fordham Urban Law Journal
Resistance to facial challenges is a recurring theme of the Roberts Court’s early years. Yet close analysis of the Court’s decisions suggests that its approach to facial and as-applied challenges is largely consistent with prior practice. Despite occasional description of as-applied challenges in narrow terms, it has expressly preserved the possibility that as-applied challenges could be brought pre-enforcement and allowed an as-applied challenge to be the vehicle for broad relief. It has also followed the Rehnquist Court in asserting wide remedial discretion to sever statutes to fit constitutional requirements, and even its strategic use of the facial/as-applied distinction is not …
Contracting (Out) Rights, Kathryn A. Sabbeth, David C. Vladeck
Contracting (Out) Rights, Kathryn A. Sabbeth, David C. Vladeck
Fordham Urban Law Journal
There is no question that litigation is expensive, but we remain puzzled as to why the solution to this problem should be arbitration. All the reasons arbitration is cheaper than litigation cut against the rights-holder or against the enforcement of laws. Commentators who argue that arbitration may be the only or best option for some rights-holders implicitly accept a deeply cynical conception of who is entitled to enjoy full remedies for a deprivation of rights. If the problem is a lack of counsel, that lack requires attention, as giving up on courts for certain segments of society is not a …
What Local Climate Change Plans Can Teach Us About City Power, Katherine A. Trisolini
What Local Climate Change Plans Can Teach Us About City Power, Katherine A. Trisolini
Fordham Urban Law Journal
Discussions of city power have long focused on cities’ power relative to higher levels of government and to each other. The diffuse causes of climate change offer an opportunity to revisit the question of city power by focusing more closely on the intended object of influence. Although these two perspectives on power will at times overlap, they are not identical. If we consider greenhouse gas emissions as the target, cities can employ their relatively minor powers to substantial effect and many of them appear to be trying to do so. But consideration of cities’ climate change policies alters the usual …
The United States' Adoption Of The Well-Known Foreign Mark Exception, Rachel Brook
The United States' Adoption Of The Well-Known Foreign Mark Exception, Rachel Brook
Fordham Urban Law Journal
No abstract provided.
Deconstructing The Pipeline: Evaluating School-To-Prison Pipeline Equal Protection Cases Through A Structural Racism Framework, Chauncee D. Smith
Deconstructing The Pipeline: Evaluating School-To-Prison Pipeline Equal Protection Cases Through A Structural Racism Framework, Chauncee D. Smith
Fordham Urban Law Journal
No abstract provided.
Cities And Accessibility: The Potential For Carbon Reductions And The Need For National Leadership, Keith Bartholomew
Cities And Accessibility: The Potential For Carbon Reductions And The Need For National Leadership, Keith Bartholomew
Fordham Urban Law Journal
This article begins by outlining the elements that should be included in the framework for understanding how people interact with their built environments. Part II describes how the framework might be made operational through the use of an emerging technique called land-use transportation scenario planning. Part III assesses how well land-use transportation scenario planning fits within the dictates and limits of U.S. transportation law. The analysis ultimately reveals that it holds substantial promise as a tool that could lead to meaningful cuts in carbon emissions.
Climate Change, Consumption, And Cities, Alice Kaswan
Climate Change, Consumption, And Cities, Alice Kaswan
Fordham Urban Law Journal
Part I of this Article highlights the nation’s high level of energy consumption and argues that policies directed solely at tailpipes and smokestacks will fail to reach climate change goals. Part II of this Article observes that recently proposed federal legislation does not sufficiently address consumption. Part III argues that direct local land use and green building measures can and should play a critical role in reducing demand. Part IV recognizes that, notwithstanding the institutional and practical arguments in favor of local initiatives, significant barriers could slow their adoption and implementation. Part V argues that federal legislation could overcome obstacles …
Bringing It All Back Home: How To Save Main Street, Ignore K Street, And Thereby Save Wall Street, Robert Hockett
Bringing It All Back Home: How To Save Main Street, Ignore K Street, And Thereby Save Wall Street, Robert Hockett
Fordham Urban Law Journal
This article argues that the most effective and constitutionally sound method of solving the mortgage crisis would be directing the Treasury Department to administer TARP through the Federal Housing Administration (FHA) and government-sponsored enterprises Freddie Mac and Fannie Mae The author contends that these were established precisely to deal with low-end mortgage financing and refinancing. However, the present crisis stems directly from intrusions on these institutions' original missions by under-regulated private firms. The author provides an overview of the causes of the mortgage crisis, the founding and functioning of mortgage finance institutions, and ultimately sketches how TARP would be channeled …
Restoring Legal Aid To The Poor: A Call To End Draconian And Wasteful Restrictions, Rebekah Diller, Emily Savner
Restoring Legal Aid To The Poor: A Call To End Draconian And Wasteful Restrictions, Rebekah Diller, Emily Savner
Fordham Urban Law Journal
A growing number of national, state, and local voices have called for reform of the legal services restrictions. Reports by Access to Justice and legal services commissions in eighteen states have identified the restrictions as substantial barriers to justice.Others have spoken out about the harms of the restrictions, and particularly their application to non-LSC funds. Describing a lawsuit filed by Oregon against the “program integrity rule,” Governor Ted Kulongoski said: “The important point is that for the first time a state is now party to a suit that attempts to free Legal Aid from restrictions that serve no purpose other …
A "New Beginning" For Adolescents In Our Criminal Justice System, Judith S. Kaye
A "New Beginning" For Adolescents In Our Criminal Justice System, Judith S. Kaye
Fordham Urban Law Journal
As I step away from the bench, I am feeling more than ever what Dr. Martin Luther King called “the fierce urgency of now.” Now is the time for all of us who care about justice in this country to roll up our sleeves and get to work. We may be in a moment of crisis, but as the saying goes, a crisis is a terrible thing to waste. We urgently need to change our focus from jails and prisons to treatment, education, job training. So where is the “new beginning”? The “new beginning” is not a search for new …
Stakeholder Inclusion And Shareholder Protection: New Governance And The Changing Landscape Of American Securities Regulation, Paul C. Kingsbery
Stakeholder Inclusion And Shareholder Protection: New Governance And The Changing Landscape Of American Securities Regulation, Paul C. Kingsbery
Fordham Urban Law Journal
No abstract provided.
Barring Analogous State Law Claims Is No Excuse: Haywood V. Drown And States' Obligation To Enforce Section, David Mcmillan
Barring Analogous State Law Claims Is No Excuse: Haywood V. Drown And States' Obligation To Enforce Section, David Mcmillan
Fordham Urban Law Journal
No abstract provided.