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Fordham Urban Law Journal

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Articles 1 - 30 of 42

Full-Text Articles in Law and Politics

The Hatch Act Modernization Act: Putting The Government Back In Politics, Shannon D. Azzaro Apr 2016

The Hatch Act Modernization Act: Putting The Government Back In Politics, Shannon D. Azzaro

Fordham Urban Law Journal

No abstract provided.


Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff Apr 2016

Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff

Fordham Urban Law Journal

No abstract provided.


Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise Apr 2016

Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise

Fordham Urban Law Journal

No abstract provided.


The Right To An Education Or The Right To Shop For Schooling: Examining Voucher Programs In Relation To State Constitutional Guarantees, Julie F. Mead Apr 2016

The Right To An Education Or The Right To Shop For Schooling: Examining Voucher Programs In Relation To State Constitutional Guarantees, Julie F. Mead

Fordham Urban Law Journal

No abstract provided.


Legal Aspects Of Charter School Oversight: Evidence From California, Kelsey W. Mayo Apr 2016

Legal Aspects Of Charter School Oversight: Evidence From California, Kelsey W. Mayo

Fordham Urban Law Journal

No abstract provided.


Searching For Equity Amid A System Of Schools: The View From New Orleans, Robert Garda Apr 2016

Searching For Equity Amid A System Of Schools: The View From New Orleans, Robert Garda

Fordham Urban Law Journal

No abstract provided.


Apples-To-Fish: Public And Private Prison Cost Comparisons, Alex Friedmann Apr 2016

Apples-To-Fish: Public And Private Prison Cost Comparisons, Alex Friedmann

Fordham Urban Law Journal

No abstract provided.


Has All Heck Broken Loose? Examining Heck's Favorable-Termination Requirement In The Second Circuit After Poventud V. City Of New York, John P. Collins Apr 2016

Has All Heck Broken Loose? Examining Heck's Favorable-Termination Requirement In The Second Circuit After Poventud V. City Of New York, John P. Collins

Fordham Urban Law Journal

No abstract provided.


Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram Apr 2016

Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram

Fordham Urban Law Journal

One of the frequently criticized aspects of American mass incarceration, privatized incarceration, is frequently considered worse, by definition, than public incarceration for both philosophical ethical reasons and because its for-profit structure creates a disincentive to invest in improving prison conditions. Relying on literature about the neoliberal state and on insights from public choice economics, this Article sets out to challenge the distinction between public and private incarceration, making two main arguments: piecemeal privatization of functions, utilities, and services within state prisons make them operate more like private facilities, and public actors respond to the cost/benefit pressures of the market just …


Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman Jr., Carol J. Greenhouse Apr 2016

Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman Jr., Carol J. Greenhouse

Fordham Urban Law Journal

No abstract provided.


Judicial Constructions: Modernity, Economic Liberalization, And The Urban Poor In India, Priya S. Gupta Apr 2016

Judicial Constructions: Modernity, Economic Liberalization, And The Urban Poor In India, Priya S. Gupta

Fordham Urban Law Journal

Comparative legal research in property and urban planning law has taken an increasing interest in the policy patterns and legal arguments that municipal bodies and courts employ in the implementation of often radical urban reconfiguration. Aided by geographers, sociologists, and political economists, comparative property law scholars have begun to unearth the justificatory frameworks that underlie and shape these changes in metropolitan urban landscapes and that reveal an interplay between tangible and immediate modes of political constituencies’ interest navigation on the one hand, and deep-seated cultural-historical motivations as well as commitments to transnational strategic and political loyalties, on the other. These …


No Vengeance For 'Revenge Porn' Victims: Unraveling Why This Latest Female-Centric, Intimate-Partner Offense Is Still Legal, And Why We Should Criminalize It, Sarah Bloom Apr 2016

No Vengeance For 'Revenge Porn' Victims: Unraveling Why This Latest Female-Centric, Intimate-Partner Offense Is Still Legal, And Why We Should Criminalize It, Sarah Bloom

Fordham Urban Law Journal

No abstract provided.


Democratic Deliberation In The Wild: The Mcgill Online Design Studio And The Regulation Room Project, Cynthia Farina, Hoi Kong, Cheryl Blake, Mary Newhart Mar 2016

Democratic Deliberation In The Wild: The Mcgill Online Design Studio And The Regulation Room Project, Cynthia Farina, Hoi Kong, Cheryl Blake, Mary Newhart

Fordham Urban Law Journal

Although there is no single unified conception of deliberative democracy, the generally accepted core thesis is that democratic legitimacy comes from authentic deliberation on the part of those affected by a collective decision. This deliberation must occur under conditions of equality, broadmindedness, reasonableness, and inclusion. In exercises such as National Issue forums, citizen juries, and consensus conferences, deliberative practitioners have shown that careful attention to process design can enable ordinary citizens to engage in meaningful deliberation about difficult public policy issues. Typically, however, these are closed exercises—that is, they involve a limited number of participants, often selected to achieve a …


Why Properly Policing A Movement Matters: A Response To Alafair Burke’S Policing, Protestors, And Discretion, Lenese Herbert Mar 2016

Why Properly Policing A Movement Matters: A Response To Alafair Burke’S Policing, Protestors, And Discretion, Lenese Herbert

Fordham Urban Law Journal

No abstract provided.


Crime, Surveillance, And Communities, Bennett Capers Mar 2016

Crime, Surveillance, And Communities, Bennett Capers

Fordham Urban Law Journal

We have become a surveillance state. Cameras—both those controlled by the state, and those installed by private entities—watch our every move, at least in public. For the most part, courts have deemed this public surveillance to be beyond the purview of the Fourth Amendment, meaning that it goes largely unregulated—a cause for alarm for many civil libertarians. This Article challenges these views and suggests that we must listen to communities in thinking about cameras and other surveillance technologies. For many communities, public surveillance not only has the benefit of deterring crime and aiding in the apprehension of criminals. It can …


Policing, Protestors, And Discretion, Alafair Burke Mar 2016

Policing, Protestors, And Discretion, Alafair Burke

Fordham Urban Law Journal

No abstract provided.


A National Model Faces New Challenges: The New York City Campaign Finance System And The 2013 Elections, Janos Marton Mar 2016

A National Model Faces New Challenges: The New York City Campaign Finance System And The 2013 Elections, Janos Marton

Fordham Urban Law Journal

No abstract provided.


Empowering Small Donors: New York City’S Multiple Match Public Financing As A Model For A Post-Citizens United World, Amy Loprest, Bethany Perskie Mar 2016

Empowering Small Donors: New York City’S Multiple Match Public Financing As A Model For A Post-Citizens United World, Amy Loprest, Bethany Perskie

Fordham Urban Law Journal

No abstract provided.


Dark Money Rises: Federal And State Attempts To Rein In Undisclosed Campaign-Related Spending, Kristy Eagan Mar 2016

Dark Money Rises: Federal And State Attempts To Rein In Undisclosed Campaign-Related Spending, Kristy Eagan

Fordham Urban Law Journal

No abstract provided.


Campaign Finance Advisory Opinions At The State Level, Allen Dickerson, Zac Morgan Mar 2016

Campaign Finance Advisory Opinions At The State Level, Allen Dickerson, Zac Morgan

Fordham Urban Law Journal

No abstract provided.


Introduction, Martin E. Connor Mar 2016

Introduction, Martin E. Connor

Fordham Urban Law Journal

No abstract provided.


The Public’S Right To Know Versus Compelled Speech: What Does Social Science Research Tell Us About The Benefits And Costs Of Campaign Finance Disclosure In Non-Candidate Elections?, Dick Carpenter, Jeffrey Milyo Mar 2016

The Public’S Right To Know Versus Compelled Speech: What Does Social Science Research Tell Us About The Benefits And Costs Of Campaign Finance Disclosure In Non-Candidate Elections?, Dick Carpenter, Jeffrey Milyo

Fordham Urban Law Journal

No abstract provided.


Saving Democracy: A Blueprint For Reform In The Post-Citizens United Era, Jocelyn Benson Mar 2016

Saving Democracy: A Blueprint For Reform In The Post-Citizens United Era, Jocelyn Benson

Fordham Urban Law Journal

Since the founding of our democracy, attempts to curb the influence of money in the political process consistently fall short of their goal. In fact, a growing number of cynics see campaign finance reform—or any effort to reduce the impact of money in the political process—as inherently doomed to fail. With the recent dearth of meaningful campaign finance reform on the federal level in the post-Citizens United era, reform advocates must look to the states to explore and enact changes to the law that will promote a healthier role for money in politics. This Article reviews efforts to reform government …


Resisting Commercialism, Rakesh K. Anand Mar 2016

Resisting Commercialism, Rakesh K. Anand

Fordham Urban Law Journal

No abstract provided.


Legalism And Devolution Of Power In The Public Sphere: Reflections On Occupy Wall Street, Zephyr Teachout Mar 2016

Legalism And Devolution Of Power In The Public Sphere: Reflections On Occupy Wall Street, Zephyr Teachout

Fordham Urban Law Journal

No abstract provided.


The Great Gun Control War Of The Twentieth Century—And Its Lessons For Gun Laws Today, David B. Kopel Mar 2016

The Great Gun Control War Of The Twentieth Century—And Its Lessons For Gun Laws Today, David B. Kopel

Fordham Urban Law Journal

No abstract provided.


Gun Control After Heller And Mcdonald: What Cannot Be Done And What Ought To Be Done, Gary Kleck Mar 2016

Gun Control After Heller And Mcdonald: What Cannot Be Done And What Ought To Be Done, Gary Kleck

Fordham Urban Law Journal

No abstract provided.


Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb Feb 2016

Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb

Fordham Urban Law Journal

No abstract provided.


Chronicle Of A Local Crisis Foretold—Lessons From Israel, Omer Kimhi Feb 2016

Chronicle Of A Local Crisis Foretold—Lessons From Israel, Omer Kimhi

Fordham Urban Law Journal

No abstract provided.


Will Grassroots Democracy Solve The Government Fiscal Crisis?, Julie M. Chesnik Feb 2016

Will Grassroots Democracy Solve The Government Fiscal Crisis?, Julie M. Chesnik

Fordham Urban Law Journal

No abstract provided.