Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Fordham Law School

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1951 - 1980 of 8574

Full-Text Articles in Entire DC Network

The First Step Act And Individualized Review: Must Judges Apply The 18 U.S.C.   3553(A) Factors To Section 404 Petitioners?, Kielan Barua Mar 2022

The First Step Act And Individualized Review: Must Judges Apply The 18 U.S.C.   3553(A) Factors To Section 404 Petitioners?, Kielan Barua

Fordham Law Review

In 2010, the U.S. Congress amended the notorious mandatory minimum sentencing structure for crack cocaine offenses in response to the decades of harm it had caused. As the amendment was not retroactive, Congress passed the First Step Act of 2018 to allow prisoners incarcerated before 2010 to petition their original sentencing court for discretionary relief based on the new penalties. However, what exactly these courts must do when deciding whether to grant relief has divided the circuits. Some circuits require an up-to-date consideration of defendants’ individual mitigating circumstances and whether their sentences are the minimum necessary to satisfy the purposes …


The Glocal Net: Standing On Joel Reidenberg’S Shoulders, Michael Birnhack Mar 2022

The Glocal Net: Standing On Joel Reidenberg’S Shoulders, Michael Birnhack

Fordham Law Review

Information technology and digital networks are global, and information can easily cross borders. Laws, however, are territorial, local, and specific. This is the meeting of the global and the local. Imposing local laws on global technology can result in a conflict, but it may give birth to a new condition, the “glocal net”: the fusion of the global and the local. Under the condition of the glocal net, as a matter of practice, people experience the internet differently in different places around the globe. As an ideal, the glocal net would strive to enable both the global and the local …


Opening The Safety Valve: A Second Look At Compassionate Release Under The First Step Act, Michael T. Hamilton Mar 2022

Opening The Safety Valve: A Second Look At Compassionate Release Under The First Step Act, Michael T. Hamilton

Fordham Law Review

Under federal law, judges are generally prohibited from changing a sentence once it has been imposed. Compassionate release, to put it simply, provides a “safety valve” against this general principle, allowing federal judges to reduce a prisoner’s sentence when it is warranted by “extraordinary and compelling reasons.” For the past thirty years, statutory and bureaucratic roadblocks made compassionate release an unlikely avenue for prisoners to receive sentence reductions. With the passage of the First Step Act of 2018, the U.S. Congress made the first significant changes to the compassionate release statute in decades, permitting defendants for the first time to …


School Closures And Parental Control: Reinterpreting The Scope And Protection Of Parents’ Due Process Right To Direct Their Children’S Education, Timothy W. Schubert Mar 2022

School Closures And Parental Control: Reinterpreting The Scope And Protection Of Parents’ Due Process Right To Direct Their Children’S Education, Timothy W. Schubert

Fordham Law Review

When COVID-19 hit U.S. shores, it was not long until state governments shuttered both public and private schools. As the closures continued, some parents, hoping to get their children back into the classroom, challenged the constitutionality of school closures, alleging that the closures abridged their due process right to direct the upbringing of their children—commonly referred to as the Meyer-Pierce right. However, the U.S. Supreme Court has yet to articulate the contours of this right or the level of constitutional protection it commands. With little guidance from the Court, lower courts have come to differing conclusions about how to interpret …


Tezca V. Chery Mar 2022

Tezca V. Chery

All Decisions

No abstract provided.


Parole Board Report - Fusl000055 (2020-03) Feb 2022

Parole Board Report - Fusl000055 (2020-03)

Parole Board Reports

No abstract provided.


700 Bklyn Realty, Llc V. Forsythe Feb 2022

700 Bklyn Realty, Llc V. Forsythe

All Decisions

In this holdover proceeding, landlord sought to recover possession of a rent stabilized apartment on the grounds that tenant did not occupy subject apartment as their primary residence. This court affirms lower court's dismissal decision in favor of the tenant, agreeing that the landlords failed to establish, prima facie, that tenant did not occupy the subject apartment as her primary residence during the relevant period.


Decision In Art. 78 Proceeding - Wallace, John (2006-05-10) Feb 2022

Decision In Art. 78 Proceeding - Wallace, John (2006-05-10)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Villaronga, Daniel (2006-10-26) Feb 2022

Decision In Art. 78 Proceeding - Villaronga, Daniel (2006-10-26)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Rodriguez, Kenny 2006-11-13 Feb 2022

Decision In Art. 78 Proceeding - Rodriguez, Kenny 2006-11-13

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Ransom, Charles (2010-08-09) Feb 2022

Decision In Art. 78 Proceeding - Ransom, Charles (2010-08-09)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Radtke, Jason (2019-10-02) Feb 2022

Decision In Art. 78 Proceeding - Radtke, Jason (2019-10-02)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Morris, Henry (Hank) (2013-04-04) Feb 2022

Decision In Art. 78 Proceeding - Morris, Henry (Hank) (2013-04-04)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Mashack, Lester (2009-05-20) Feb 2022

Decision In Art. 78 Proceeding - Mashack, Lester (2009-05-20)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Hill, George (2020-11-17) Feb 2022

Decision In Art. 78 Proceeding - Hill, George (2020-11-17)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Cooper, Gary (2007-05-25) Feb 2022

Decision In Art. 78 Proceeding - Cooper, Gary (2007-05-25)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Combs, Andre (2008-05-16) Feb 2022

Decision In Art. 78 Proceeding - Combs, Andre (2008-05-16)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Baxter, James (2009-06-12) Feb 2022

Decision In Art. 78 Proceeding - Baxter, James (2009-06-12)

Decisions in Art. 78 Proceedings

No abstract provided.


Parole Board Report - Fusl000112 (2019-06-27) Feb 2022

Parole Board Report - Fusl000112 (2019-06-27)

Parole Board Reports

No abstract provided.


Parole Board Report - Fusl000100 (2015-03-05) Feb 2022

Parole Board Report - Fusl000100 (2015-03-05)

Parole Board Reports

No abstract provided.


Parole Board Report - Fusl000055 (2020-01-24) Feb 2022

Parole Board Report - Fusl000055 (2020-01-24)

Parole Board Reports

No abstract provided.


Parole Interview Transcript/Decision - Fusl000109 (2019-07-24) Feb 2022

Parole Interview Transcript/Decision - Fusl000109 (2019-07-24)

Parole Interview Transcripts and Decisions

No abstract provided.


Parole Interview Transcript/Decision - Fusl000100 (2019-09-03) Feb 2022

Parole Interview Transcript/Decision - Fusl000100 (2019-09-03)

Parole Interview Transcripts and Decisions

No abstract provided.


Parole Interview Transcript/Decision - Fusl000093 (2020-03-04) Feb 2022

Parole Interview Transcript/Decision - Fusl000093 (2020-03-04)

Parole Interview Transcripts and Decisions

No abstract provided.


Parole Interview Transcript/Decision - Fusl000055 (2020-03-10) Feb 2022

Parole Interview Transcript/Decision - Fusl000055 (2020-03-10)

Parole Interview Transcripts and Decisions

No abstract provided.


Compas Risk Assessment - Fusl000100 (2019-07-11) Feb 2022

Compas Risk Assessment - Fusl000100 (2019-07-11)

COMPAS Risk Assessments

No abstract provided.


Compas Risk Assessment - Fusl000097 (2019-06-10) Feb 2022

Compas Risk Assessment - Fusl000097 (2019-06-10)

COMPAS Risk Assessments

No abstract provided.


Compas Risk Assessment - Fusl000093 (2020-01-21) Feb 2022

Compas Risk Assessment - Fusl000093 (2020-01-21)

COMPAS Risk Assessments

No abstract provided.


Langham Mansions Llc V. Dhcr Feb 2022

Langham Mansions Llc V. Dhcr

All Decisions

No abstract provided.


Administrative Appeal Decision - Smith, Maurice (2020-08-24) Feb 2022

Administrative Appeal Decision - Smith, Maurice (2020-08-24)

Parole Administrative Appeal Decisions

No abstract provided.