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Articles 1 - 30 of 113
Full-Text Articles in State and Local Government Law
The Case For Federal Deference To State Court Redistricting Rulings: Lessons From Ohio’S Districting Disaster, John Sullivan Baker
The Case For Federal Deference To State Court Redistricting Rulings: Lessons From Ohio’S Districting Disaster, John Sullivan Baker
Fordham Law Voting Rights and Democracy Forum
In a watershed 2015 referendum, Ohioans decisively approved a state constitutional amendment that prohibited partisan gerrymandering of General Assembly districts and created the Ohio Redistricting Commission. Though the amendment mandated that the Commission draw proportional maps not primarily designed to favor or disfavor a political party, the Commission—composed of partisan elected officials—repeatedly enacted unconstitutional, heavily gerrymandered districting plans in blatant defiance of the Ohio Supreme Court.
After the Ohio Supreme Court struck down four of the Commission’s plans, leaving Ohio without state House and Senate maps just months before the 2022 general election, a group of voters sued in the …
Children Are Constitutionally Different, But Life Without Parole And De Facto Life Sentences Are Not: Extending Graham And Miller To De Facto Life Sentences, Ellen Brink
Fordham Law Review
Under the U.S. Supreme Court’s current juvenile sentencing jurisprudence, a juvenile may legally receive a prison sentence of hundreds of years without parole in instances in which a sentence of life without parole would be unconstitutional. This illogical state of affairs is the result of the Court’s silence on whether its holdings in Graham v. Florida and Miller v. Alabama, which together limit the availability of juvenile life without parole sentences, also apply to so-called de facto life sentences. De facto life sentences are lengthy term-of-years sentences that confine offenders to prison for the majority, if not the entirety, …
Voting Rights And The Electoral Process: Resolving Representation Issues Due To Felony Disenfranchisement And Prison Gerrymandering, Andrew Calabrese, Tim Gordon, Tianyi Lu
Voting Rights And The Electoral Process: Resolving Representation Issues Due To Felony Disenfranchisement And Prison Gerrymandering, Andrew Calabrese, Tim Gordon, Tianyi Lu
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Third Parties And The Electoral College: How Ranked Choice Voting Can Stop The Third-Party Disruptor Effect, Hillary Bendert, Jacqueline Hayes, Kevin Ruane
Third Parties And The Electoral College: How Ranked Choice Voting Can Stop The Third-Party Disruptor Effect, Hillary Bendert, Jacqueline Hayes, Kevin Ruane
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Presidential Election Disruptions: Balancing The Rule Of Law And Emergency Response, Jason D'Andrea, Sonia Montejano, Matthew Vaughan
Presidential Election Disruptions: Balancing The Rule Of Law And Emergency Response, Jason D'Andrea, Sonia Montejano, Matthew Vaughan
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Candidates Of Their Choice? Paradoxical Impact Of The Voting Rights Act In Virginia, Mark E. Rush
Candidates Of Their Choice? Paradoxical Impact Of The Voting Rights Act In Virginia, Mark E. Rush
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Title I Of The Civil Rights Act In Contemporary Voting Rights Litigation, Helen L. Brewer
Title I Of The Civil Rights Act In Contemporary Voting Rights Litigation, Helen L. Brewer
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
The New Laboratories Of Democracy, Gerald S. Dickinson
The New Laboratories Of Democracy, Gerald S. Dickinson
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Epic Fail: Harkenrider V. Hochul And New York's 2022 Misadventure In "Independent" Redistricting, Richard Briffault
Epic Fail: Harkenrider V. Hochul And New York's 2022 Misadventure In "Independent" Redistricting, Richard Briffault
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Don't Pull The Trigger On New York's Concealed Carry Improvement Act: Addressing First And Second Amendment Concerns, Morgan Band
Don't Pull The Trigger On New York's Concealed Carry Improvement Act: Addressing First And Second Amendment Concerns, Morgan Band
Fordham Law Review
Despite the increasing prevalence of mass shootings in the United States, the U.S. Supreme Court in New York State Rifle & Pistol Ass’n, Inc. v. Bruen struck down a 100-year-old New York statute that had restricted access to concealed carry permits. The statute had required applicants to demonstrate a “proper cause” for needing a concealed carry permit. But even if an applicant made the necessary showing, licensing officials retained discretion under the statute to decline to issue a permit. In striking down the statute, the Court distinguished between “may-issue” jurisdictions, such as New York, which give licensing officials discretion in …
Within A City's Limits: A Local Government's Power To Hold Police Officers Accountable, Josselin Aldana
Within A City's Limits: A Local Government's Power To Hold Police Officers Accountable, Josselin Aldana
Fordham Law Review
When a person’s constitutional rights are violated by a public official, such as a police officer, who acts under color of law, the official can invoke a qualified immunity defense that immunizes the official unless it is clearly established that such action is unlawful. Over the years, the qualified immunity doctrine has developed into a shield that makes it difficult for aggrieved individuals to recover when they are harmed. As a result of nationwide focus on police brutality, four states—Colorado, Connecticut, Massachusetts, and New Mexico—have modified the use of qualified immunity as a defense in state courts for individuals harmed …
Shining A Light On Rattley: The Troublesome Diligent Search Standard Undercutting New York's Freedom Of Information Law, Isaac A. Krier
Shining A Light On Rattley: The Troublesome Diligent Search Standard Undercutting New York's Freedom Of Information Law, Isaac A. Krier
Fordham Law Review
New York’s Freedom of Information Law (FOIL) provides citizens with access to the documents, statistics, and information relied on by New York State government agencies. Modeled after the federal Freedom of Information Act (FOIA), New York legislators designed the state’s “sunshine law” to promote transparency and accountability through a presumption of disclosure by requiring agencies to make all records available to the public except those specifically exempted by statute. But state agencies often rely on a separate, unceremonious reason to deny FOIL requests—they cannot find the documents. FOIL requires an agency to certify that it performed a diligent records search …
Changing Hands: Recommendations To Improve New York’S System Of Gubernatorial Succession, Fordham Law School Rule Of Law Clinic, Ian Bollag-Miller, Stevenson Jean, Maryam Sheikh, Frank Tamberino
Changing Hands: Recommendations To Improve New York’S System Of Gubernatorial Succession, Fordham Law School Rule Of Law Clinic, Ian Bollag-Miller, Stevenson Jean, Maryam Sheikh, Frank Tamberino
Rule of Law Clinic
Despite the frequency with which the state’s highest executive offices have changed hands, New York is unprepared to deal with a panoply of issues relating to its constitution’s gubernatorial succession provisions. In this report, the Fordham Law School Rule of Law Clinic proposes reforms to address four principal issues with the existing gubernatorial succession provisions: gubernatorial inability, gubernatorial absence, lieutenant governor replacement, and the gubernatorial line of succession.
Abortion Rights Under State Constitutions: A Fifty-State Survey, Robert L. Bentlyewski
Abortion Rights Under State Constitutions: A Fifty-State Survey, Robert L. Bentlyewski
Fordham Law Review Online
The U.S. Supreme Court appears poised to overturn Roe v. Wade and its progeny, removing any federal law protection of the right to an abortion. However, numerous state supreme courts have interpreted their state constitutions to independently recognize such a right, finding their state’s equal protection, due process, and privacy rights more expansive than those at the federal level. This Essay surveys all fifty states to ascertain how much protection each state currently affords to women’s right to an abortion. Most state supreme courts have not made a determinative ruling on the issue, and a significant majority of state constitutions …
Small Gestures And Unexpectedconsequences: Textualist Interpretationsof State Antidiscrimination Lawafter Bostock V. Clayton County, Anastasia E. Lacina
Small Gestures And Unexpectedconsequences: Textualist Interpretationsof State Antidiscrimination Lawafter Bostock V. Clayton County, Anastasia E. Lacina
Fordham Law Review
The U.S. Supreme Court’s landmark decision in Bostock v. Clayton County expanded Title VII’s coverage of victims of sex discrimination in employment by interpreting the statute to also protect LGBTQ+ employees who were discriminated against because of their sexual orientation and/or gender identity. Although Bostock only applies precedentially to Title VII, the long and interwoven history of state antidiscrimination statutes shows that the ruling may reach beyond federal law. This Note examines state court cases that have considered whether to apply Bostock’s reasoning to the interpretation of state antidiscrimination statutes. Furthermore, this Note argues in favor of a path …
The Cyan Decision And Its Impact On State-Level Securities Class Actions, B. John Torabi
The Cyan Decision And Its Impact On State-Level Securities Class Actions, B. John Torabi
Fordham Journal of Corporate & Financial Law
The Supreme Court’s decision in Cyan, Inc. v. Beaver County Employees Retirement Fund† preserved the Securities Act of 1933’s bar on removing securities class actions brought in state court to federal court. The unanimous ruling cut against a nearly quarter-century long trend of pushing securities class action litigation to the federal courts. Cyan was resolved purely through statutory interpretation, leaving many of the underlying policy questions to be resolved by state courts and in future rulings.
This Note examines the intention of the drafters of the Securities Act of 1933 in designing a disclosure-focused regulatory scheme with a private …
Face Off: An Examination Of State Biometric Privacy Statutes & Data Harm Remedies, Maya E. Rivera
Face Off: An Examination Of State Biometric Privacy Statutes & Data Harm Remedies, Maya E. Rivera
Fordham Intellectual Property, Media and Entertainment Law Journal
As biometric authentication becomes an increasingly popular method of security among consumers, only three states currently have statutes detailing how such data may be collected, used, retained, and released. The Illinois Biometric Information Privacy Act is the only statute of the three that enshrines a private right of action for those who fail to properly handle biometric data. Both the Texas Capture or Use Biometric Identifier Act Information Act and the Washington Biometric Privacy Act allow for state Attorneys General to bring suit on behalf of aggrieved consumers. This Note examines these three statutes in the context of data security …
The Future Of Facial Recognition Is Not Fully Known: Developing Privacy And Security Regulatory Mechanisms For Facial Recognition In The Retail Sector, Elias Wright
Fordham Intellectual Property, Media and Entertainment Law Journal
In recent years, advances in facial recognition technology have resulted in a rapid expansion in the prevalence of private sector biometric technologies. Facial recognition, while providing new potentials for safety and security and personalized marketing by retailers implicates complicated questions about the nature of consumer privacy and surveillance where a “collection imperative” incentivize corporate actors to accumulate increasingly massive reservoirs of consumer data. However, the law has not yet fully developed to address the unique risks to consumers through the use of this technology. This Note examines existing regulatory mechanisms, finding that consumer sensitivities and the opaque nature of the …
Bathroom Laws As Status Crimes, Stephen Rushin, Jenny Carroll
Bathroom Laws As Status Crimes, Stephen Rushin, Jenny Carroll
Fordham Law Review
A growing number of American jurisdictions have considered laws that prohibit trans individuals from using bathroom facilities consistent with their gender identities. Several scholars have criticized these so-called “bathroom laws” as a form of discrimination in violation of federal law. Few scholars, though, have considered the criminal justice implications of these proposals. By analyzing dozens of proposed bathroom laws, this Article explores how many laws do more than stigmatize the trans community—they effectively criminalize it. Some of these proposed laws would establish new categories of criminal offenses for trans individuals who use bathrooms consistent with their gender identity. Others would …
“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres
“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres
Fordham Law Review
The power to confer legal citizenship status is possessed solely by the federal government. Yet the courts and legal theorists have demonstrated that citizenship encompasses factors beyond legal status, including rights, inclusion, and political participation. As a result, even legal citizens can face barriers to citizenship, broadly understood, due to factors including their race, class, gender, or disability. Given this multidimensionality, the city, as the place where residents carry out the tasks of their daily lives, is a critical space for promoting elements of citizenship. This Note argues that recent city municipal identification-card programs have created a new form of …
Where Oil Is King, Kristen Van De Biezenbos
Where Oil Is King, Kristen Van De Biezenbos
Fordham Law Review
Donald Trump has won the 2016 presidential election, and, based on his campaign rhetoric, it seems reasonable to anticipate that the next four years will see a rollback of federal rules and regulations originally intended to combat climate change and environmental pollution in favor of increased production of fossil fuels, including coal. This raises the question of where we can look for protection of environmental goals, if not to federal law or agencies. Unconventional solutions to energy and environmental issues may be the only way to move forward on environmental challenges in the near term. This Article suggests one such …
Updating The Social Network: How Outdated And Unclear State Legislation Violates Sex Offenders’ First Amendment Rights, Elizabeth Tolon
Updating The Social Network: How Outdated And Unclear State Legislation Violates Sex Offenders’ First Amendment Rights, Elizabeth Tolon
Fordham Law Review
Readily available on computers, phones, tablets, or television, social media has become a necessary platform of expression for many. But, for others, social media is an inaccessible tool whose very use has criminal repercussions. To protect innocent children, many states have enacted legislation restricting sex offenders’ access to social media. Unfortunately, this legislation is often outdated, overly restrictive, and unconstitutional under the First Amendment. North Carolina has recently attracted national attention, as its statute highlights the potential constitutional issues states face in drafting such legislation. To avoid the constitutional concerns that North Carolina faces, state legislators must draft statutes narrowly …
Localist Administrative Law, Nestor M. Davidson
Localist Administrative Law, Nestor M. Davidson
Faculty Scholarship
To read the voluminous literature on administrative law is to inhabit a world focused almost exclusively on federal agencies. This myopic view, however, ignores the wide array of administrative bodies that make and implement policy at the local-government level. The administrative law that emerges from the vast subterranean regulatory state operating within cities, suburbs, towns, and counties has gone largely unexamined. Not only are scholars ignoring a key area of governance, but courts have similarly failed to develop an administrative jurisprudence that recognizes what is distinctive about local agencies. The underlying justifications for core administrative law doctrines at the federal …
Bicycle Laws In The United States-Past, Present, And Future, Ken Mcleod
Bicycle Laws In The United States-Past, Present, And Future, Ken Mcleod
Fordham Urban Law Journal
No abstract provided.
Comparative Local Government Law In Motion: How Different Local Government Law Regimes Affect Global Cities' Bike Share Plans, Daniel B. Rodriguez, Nadav Shoked
Comparative Local Government Law In Motion: How Different Local Government Law Regimes Affect Global Cities' Bike Share Plans, Daniel B. Rodriguez, Nadav Shoked
Fordham Urban Law Journal
No abstract provided.
Comparative Urban Governance For Lawyers, Fernanda G. Nicola, Sheila Foster
Comparative Urban Governance For Lawyers, Fernanda G. Nicola, Sheila Foster
Fordham Urban Law Journal
No abstract provided.
Lessons For New York: Comparative Urban Governance And The Challenge Of Climate Change, Andrea Mcardle
Lessons For New York: Comparative Urban Governance And The Challenge Of Climate Change, Andrea Mcardle
Fordham Urban Law Journal
No abstract provided.
Welcome To The Metropticon: Protecting Privacy In A Hyperconnected Town, Kelsey Finch, Omer Tene
Welcome To The Metropticon: Protecting Privacy In A Hyperconnected Town, Kelsey Finch, Omer Tene
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
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 …
Smart Law For Smart Cities, Annie Decker
Smart Law For Smart Cities, Annie Decker
Fordham Urban Law Journal
No abstract provided.