Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 19 of 19
Full-Text Articles in Law
Tangled Up In Law: The Jurisprudence Of Bob Dylan, Michael L. Perlin
Tangled Up In Law: The Jurisprudence Of Bob Dylan, Michael L. Perlin
Fordham Urban Law Journal
In this Article, I will try to create a topography of Bob-as-jurisprudential scholar by looking at selected Dylan songs in these discrete areas of law (and law-and-society): civil rights; inequality of the criminal justice system; institutions; governmental/judicial corruption; equality and emancipation (political and economic); poverty, the environment, and inequality of the civil justice system; and the role of lawyers and the legal process.
The Fordham Law Drug Policy Reform Project: America's Oldest War: The Efficacy Of United States Drug Policy, John Nicholas Iannuzzi, Graham Boyd, Asa Hutchinson
The Fordham Law Drug Policy Reform Project: America's Oldest War: The Efficacy Of United States Drug Policy, John Nicholas Iannuzzi, Graham Boyd, Asa Hutchinson
Fordham Urban Law Journal
The Fordham Law Drug Policy Reform Project planned and executed the debate, "America's Oldest War: The Efficacy of United States Drug Policy," on April 23, 2002 at the end of the organization's first year. The goal of the debate was to bring to one forum the leading voices at both ends of the drug policy spectrum. Professor John Nicholas Iannuzzi moderated, giving each speaker three minutes to answer each question from the floor. Over one hundred and twenty professionals, students, and community members attended the debate.
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson
Fordham Urban Law Journal
This Article explores relevant social science data and examines how it affects the analysis and understanding of evidence of emotional harm. Part I provides an overview of the current state of emotional harm cases. Part II discusses the issue of bias in the process of reviewing discrimination cases from the perspective of critical race theory and recent social science data. In Part III, this Article examines the cycles of ignorance that have contributed to an under-valuation of emotional harm in housing discrimination litigation. Finally, suggestions are made about how to gather relevant psychological and medical information on the effects of …
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson
Fordham Urban Law Journal
This Article explores relevant social science data and examines how it affects the analysis and understanding of evidence of emotional harm. Part I provides an overview of the current state of emotional harm cases. Part II discusses the issue of bias in the process of reviewing discrimination cases from the perspective of critical race theory and recent social science data. In Part III, this Article examines the cycles of ignorance that have contributed to an under-valuation of emotional harm in housing discrimination litigation. Finally, suggestions are made about how to gather relevant psychological and medical information on the effects of …
Gender Difference In Perceiving Violence And Its Implication For The Vawa's Civil Rights Remedy, Renee L. Jarusinsky
Gender Difference In Perceiving Violence And Its Implication For The Vawa's Civil Rights Remedy, Renee L. Jarusinsky
Fordham Urban Law Journal
The enactment of the Violence Against Women Act (VAWA) of 1994 was viewed as "a potential vehicle of empowerment" for women, and was a long-awaited morve toward gender equality in the United States. By enacting the VAWA, Congress emphatically expressed a strong commitment to curb and attack the pervasiveness of sex-based violence. In practice, however, the civil rights remdy has fallen short. In the few VAWA cases brought under the civil rights remedy, the "crime of violence" requirement has been interpreted in such a narrow way that it strips the remedy of any effect. While there is confusion as to …
Civil Rights Law In Transition: The Forty-Fifth Anniversary Of The New York City Commission On Human Rights
Fordham Urban Law Journal
This Symposium co-sponsored by the New York City Commission on Human Rights and the Fordham Urban Law Journal includes transcripts of panel discussions on topics at the intersection of law and policy. These topics include mediation, domestic violence, disability law, hate crimes legislation, sexual harassment, and sexual orientation law.
The Price Of Landlord's "Free" Exercise Of Religion: Tenant's Rights To Discrimination-Free Housing And Privacy, Maureen E. Markey
The Price Of Landlord's "Free" Exercise Of Religion: Tenant's Rights To Discrimination-Free Housing And Privacy, Maureen E. Markey
Fordham Urban Law Journal
No precedent from the United States Supreme Court or other jurisprudence supports an individual, court-ordered free exerciseexemption for a landlord who violates the antidiscrimination laws while engaged in the business of rental housing. The fair housing laws are designed specifically to protect tenants from discrimination based on a landlord's personal biases. Although neither courts nor legislatures can dictate the morals of the marketplace, neither should they condone discriminatory acts that are clothed in the respectable shroud of the free exercise of religion. An exemption based not upon the landlord's own conduct, but on the landlord's disapproval of the presumed conduct …
Federal Enforcement Of Civil Rights During The First Reconstruction, Robert J. Kaczorowski
Federal Enforcement Of Civil Rights During The First Reconstruction, Robert J. Kaczorowski
Fordham Urban Law Journal
This essay recounts the heroic efforts of federal legal officers and judges to enforce citizens' rights during the 1870s. Part I sets forth the historical events giving rise to the enforcement effort of the Grant Administration. Part II details the problems which the federal executive branch faced when it aggressively prosecuted civil rights violations. Part III details the problems which the federal judiciary faced in administering the civil rights prosecutions brought by the executive branch. Part IV details the national political problems that eventually ended effective enforcement of federal civil rights laws. This Essay concludes that, notwithstanding the problems faced …
Environmental Justice Litigation: Another Stone In David’S Sling, Luke W. Cole
Environmental Justice Litigation: Another Stone In David’S Sling, Luke W. Cole
Fordham Urban Law Journal
This Article attempts to synthesize some of the lessons environmental justice lawyers have learned, in order to offer a practitioner’s perspective on environmental justice cases. The author’s ambition in setting out these lessons is to allow community groups and attorneys entering the struggle to learn from mistakes, emulate successes, and avoid re-inventing the wheel. Without addressing the strategic and tactical drawbacks of litigation, this Article assumes that a community group has decided to pursue litigation. This Article will only discuss siting cases, as siting disputes have been the primary context for environmental justice litigation thus far. The Article proposes a …
City Versus Countryside: Environmental Equity In Context, A. Dan Tarlock
City Versus Countryside: Environmental Equity In Context, A. Dan Tarlock
Fordham Urban Law Journal
This Article takes an approach to the problem of environmental equity that is different from the remedies advocated by the leaders of the environmental equity movement. The plea that the benefits of environmental protection be extended to all groups in society is, of course, a legitimate one, but the movement is too narrowly focused and its aims are too modest. I dissent from the two central premises held by environmental equity advocates. First, the movement assumes that judicially recognized and enforced rights will lead to improved public health. Second, the movement asserts that disadvantaged communities should adopt a “Not in …
The Question Of Family: Lesbians And Gay Men Reflecting A Redefined Society, Libby Post
The Question Of Family: Lesbians And Gay Men Reflecting A Redefined Society, Libby Post
Fordham Urban Law Journal
The cutting edge issue in the gay community is now the fight for domestic partnership rights. The absence of domestic partnership rights have resulted in the unequal treatment of an entire class of citizens, with gays and lesbians routinely denied jobs, housing, economic benefits such as health care, insurance, public accommodations, and may even result in these individuals being fired or facing eviction solely because of their sexual orientation. The author argues that to rectify these injustices, we must redefine the definition of family to be more in line with that used in New York's Braschi v. Stahl Assocs. Co., …
Bringing A Title Vii Action: Which Test Regarding Standing To Sue Is The Most Applicable?, Valerie L. Jacobson
Bringing A Title Vii Action: Which Test Regarding Standing To Sue Is The Most Applicable?, Valerie L. Jacobson
Fordham Urban Law Journal
This Note examines who is a proper plaintiff under Title VII and explains the need for a clearer definition of "employee" and "employed." Part II presents a historical development of the standards used to define employment relationships in Title VII. Part III discusses the general requirements for standing and sets forth the tests currently used to determine standing for a Title VII action. Part IV analyzes how the tests can produce different outcomes and why some tests more adequately serve the Act's goals. The Note concludes that Congress should amend the definition of "employee" or at least define what constitutes …
Nonsolicitation And Cease And Desist Orders Against Real Estate Brokers In New York, Aba Heiman
Nonsolicitation And Cease And Desist Orders Against Real Estate Brokers In New York, Aba Heiman
Fordham Urban Law Journal
This Article will trace the origin, growth and enforcement of nonsolicitation and cease and desist orders. Part II outlines the federal framework for dealing with discriminatory practices by real estate brokers. Section A focuses on "steering" the target of cease and desist orders-and illustrates the dilemma of both the victims and the brokers. Section B details blockbusting-the target of nonsolicitation orders. In discussing its genesis, financial operation, and sociological implications, this section also considers whether solicitation by brokers constitutes "commercial speech" protected by the first amendment. Section C briefly explores the effectiveness of section 1982 of the Civil Rights Act …
Stotts' Denial Of Hiring And Promotion Preferences For Nonvictims: Draining The "Spirit" From Title Vii, Mary C. Daly
Stotts' Denial Of Hiring And Promotion Preferences For Nonvictims: Draining The "Spirit" From Title Vii, Mary C. Daly
Fordham Urban Law Journal
The author questions whether the dicta in a recent Supreme Court case, Local Union No. 1784 v. Stotts, effectively narrow the scope of relief available under Title VII to non-victims. Specifically, the Court addressed affirmative action and the possible reparations under a Title VII employment race discrimination class action. The dicta in question appear to limit courts' ability to grant relief to "non-victims" (individuals who were not named parties in an employment discrimination suit) in the form of consent decrees or post-trial injunctive relief. The author examines Supreme Court caselaw on affirmative action, the legislative history of the 1964 Civil …
The Minneapolis Anti-Pornography Ordinance: A Valid Assertion Of Civil Rights?, Winifred Ann Sandler
The Minneapolis Anti-Pornography Ordinance: A Valid Assertion Of Civil Rights?, Winifred Ann Sandler
Fordham Urban Law Journal
The author of this student note examines a recent Minneapolis city ordinance that declares pornography to be both subordination of and a form of sex discrimination towards women. First Amendment proponents challenged the ordinance as unconstitutional. The author considers whether the state has a compelling interest in protecting its citizens from civil rights violations, and whether that interest can overcome first amendment rights. The author concludes that pornography is neither a civil rights violation, nor a category of unprotected speech.
Hunters And The Hunted: Rights And Liabilities Of Bailbondsmen, Michael Goldstein
Hunters And The Hunted: Rights And Liabilities Of Bailbondsmen, Michael Goldstein
Fordham Urban Law Journal
This Note examines the development of this extrajudicial power to make arrests, the manner in which it is handled in the context of tort law, and the impact of civil rights legislation on the rights of bailbondsmen.
Restrictions On Access To The Federal Courts In Civil Rights Actions: The Role Of Abstention And Res Judicata, Irma Ascher
Restrictions On Access To The Federal Courts In Civil Rights Actions: The Role Of Abstention And Res Judicata, Irma Ascher
Fordham Urban Law Journal
Article discusses how the United States Supreme Court has limited access of civil rights litigants to the federal courts through expanded use of res judicata. Article discusses availability of federal forum to civil rights claimants who commence actions under sections 1981 and 1983 of Title 42 of the United States Code and Title VII of the Civil Rights Act of 1964.
Civil Rights - Right To Treatment - Neither Due Process Nor Equal Protection Clause Of The Fourteenth Amendment Guarantees The "Right To Treatment" For Mentally Retarded Children Confined In A State Institution Through Noncriminal Procedures
Fordham Urban Law Journal
Civil rights action was brought on behalf of residents at Willowbrook State Hospital by their parents and guardians attacking the conditions and treatment offered violated due process and equal protection. The court refused to extend a right to treatment to patients civilly committed to state hospitals - forestalling an extension of such rights to the retarded. Plaintiffs sought to classify the vast majority of commitments as involuntary despite original admission data mandating due process protection. The court determined that a hearing with procedural safeguards would suffice and in certain situations the court may find the appointment of a guardian at …
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).