Digital Commons Network^™

Concepts Of Citizenship In The Controversy About Constitutional Citizenship For People Born In U.S. Territories, Janet M. Calvo

Fordham Law Review

In 2019, the District of Utah in Fitisemanu v. United States rejected the Insular Cases and held that persons born in American Samoa acquired Fourteenth Amendment constitutional citizenship at birth. The Tenth Circuit reversed through an analysis that attempted to “repurpose” the Insular Cases. This Essay discusses the differing concepts of citizenship presented in Fitisemanu, which raise significant questions about the nature and import of American constitutional citizenship. The Supreme Court’s recent denial of certiorari in Fitisemanu unfortunately leaves these questions unresolved, further continuing the second-class status of individuals born in the territories and underscores the uncertainty of …

The Case Against The Debt Tax, Vijay Raghavan

Fordham Law Review

Americans are increasingly agitating for debt relief. In the last decade, there have been national campaigns to cancel student debt, credit card debt, and mortgage debt. These national campaigns have paralleled local efforts to cancel taxi medallion debt, carceral debt, and lunch debt. But as the public increasingly pursues broad-scale debt relief outside bankruptcy, they face an important institutional obstacle: canceled debt is generally taxable.

The taxability of canceled debt is often raised by opponents as an objection to broad debt cancellation and potentially discounts the value of any debt relief. The conventional account for why we tax canceled debt …

The Move Toward An Indigenous Virgin Islands Jurisprudence: Banks In Its Second Decade, Kristen David Adams

Fordham Law Review

In 2011, the Supreme Court of the U.S. Virgin Islands decided Banks v. International Rental & Leasing Corp. and, with that decision, introduced a new era in Virgin Islands jurisprudence that embraced a much more active role for Virgin Islands courts and a correspondingly diminished role for the American Law Institute’s restatements. This Essay examines what I will call “second-generation” decisions referencing Banks with the goal of determining whether Banks and its progeny have met, or are at least in the process of meeting, “the goal of establishing ‘an indigenous Virgin Islands jurisprudence’” set by the Banks court. Ultimately, this …

Dual Sovereignty In The U.S. Territories, Emmanuel Hiram Arnaud

Fordham Law Review

This Essay examines the emergence and application of the "ultimate source" test and sheds light on the dual sovereign doctrine’s patently colonial framework, particularly highlighting the paternalistic relationship it has produced between federal and territorial prosecutorial authorities.

Looks Matter On Social Media: How Should Courts Determine Whether A Public Official Operates Their Social Media Account Under Color Of State Law?, John B. Tsimis

Fordham Law Review

The widespread use of social media has presented a novel legal landscape for the application of constitutionally protected rights—particularly the First Amendment’s protection of free speech. The First Amendment prohibits the government from excluding citizens from a public forum on the basis of their viewpoints. Public officials acting under color of state law similarly may not use the authority of their offices to deprive citizens of their First Amendment rights.

However, the application of this protection in the context of social media has been inconsistent across federal circuit courts. Although these courts agree that viewpoint discrimination by the government on …

254 Park Avenue South Llc V. Sgori

All Decisions

No abstract provided.

Parole Interview Transcript/Decision - Fusl000134 (2021-10-05)

Parole Interview Transcripts and Decisions

No abstract provided.

Compas Risk Assessment - Fusl000134 (2021-08-24)

COMPAS Risk Assessments

No abstract provided.

Administrative Appeal Decision - Bannon, Patrick (2022-11-08)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Sinclair, James (2022-11-08)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Brief - Fusl000134 (2022-02-23)

Parole Administrative Appeal Briefs

No abstract provided.

A Government Of Laws And Not Of Men: Why Justice Brandeis Was Right To Assume Congress Can Restrain The President's Removal Power, Danielle Rosenblum

Fordham Law Voting Rights and Democracy Forum

Since the Founding, the extent of the president’s power to remove executive officials from office remains unsettled. While the Appointments Clause in Article II, Section 2 empowers Congress to participate in the hiring of executive officials, the United States Constitution’s text is silent on whether Congress can limit the president’s ability to fire such employees. The debate on the proper scope of the president’s removal power is significant because it serves as a proxy for a larger constitutional question: whether constraints on presidential power advance or sit in tension with democracy. This Article argues that Justice Brandeis was right to …

A Modern-Day 3/5 Compromise: The Case For Finding Prison Gerrymandering Unconstitutional Under The Thirteenth Amendment, Shana Iden

Fordham Law Voting Rights and Democracy Forum

Vestiges of slavery and systemic disenfranchisement of people of color persist in the United States. One of these remnants is the practice of prison gerrymandering, which occurs when government officials count incarcerated individuals as part of the population of the prison’s location rather than the individual’s home district. This Article argues that prison gerrymandering functions as a badge of slavery that should be prohibited under the Thirteenth Amendment.

First, this Article provides background on prison gerrymandering and charts its impact through history, particularly on Black communities. Moreover, this Article analyzes how litigation under the Fourteenth Amendment has not yielded meaningful …

Citizen Enforcement Laws Threaten Democracy, David A. Carrillo, Stephen M. Duvernay

Fordham Law Voting Rights and Democracy Forum

No abstract provided.

Rucho In The States: Districting Cases And The Nature Of State Judicial Power, Chad M. Oldfather

Fordham Law Voting Rights and Democracy Forum

No abstract provided.

2275 Morris Realty Llc V. Garcia

All Decisions

No abstract provided.

Clinton Arms Assoc. V. De Gonzalez

All Decisions

ERAP Case.

Baldwin V. Mccarry

All Decisions

No abstract provided.

Decock V. State Of N.Y. Div. Of Hous. & Community Renewal

All Decisions

No abstract provided.

Wise V. 1614 Madison Partners, Llc

All Decisions

No abstract provided.

Parole Board Report - Fusl000143 (2020-11-17)

Parole Board Reports

No abstract provided.

Parole Board Report - Fusl000152 (2021-07-=27)

Parole Board Reports

No abstract provided.

Parole Interview Transcript/Decision - Fusl000152 (2021-08-10)

Parole Interview Transcripts and Decisions

No abstract provided.

Compas Risk Assessment - Fusl000152 (2021-03-09)

COMPAS Risk Assessments

No abstract provided.

Compas Risk Assessment - Fusl000148 (2018-04-20)

COMPAS Risk Assessments

No abstract provided.

Compas Risk Assessment - Fusl000148 (2018-12-24)

COMPAS Risk Assessments

No abstract provided.

Administrative Appeal Brief - Fusl000143 (2022-01-15)

Parole Administrative Appeal Briefs

No abstract provided.

Administrative Appeal Brief - Fusl000148 (2021-07-20)

Parole Administrative Appeal Briefs

No abstract provided.

Administrative Appeal Brief - Fusl000152 (2022-05-05)

Parole Administrative Appeal Briefs

No abstract provided.

435 Central Park West Tenant Association V. Park Front Apartments, Llc

All Decisions

No abstract provided.