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Parole Interview Transcript/Decision - Fusl000112 (2006-08-01) Mar 2022

Parole Interview Transcript/Decision - Fusl000112 (2006-08-01)

Parole Interview Transcripts and Decisions

No abstract provided.


Riverbay Corp V. Guerrant Mar 2022

Riverbay Corp V. Guerrant

All Decisions

No abstract provided.


Fee Retrenchment In Immigration Habeas, Seth Katsuya Endo Mar 2022

Fee Retrenchment In Immigration Habeas, Seth Katsuya Endo

Fordham Law Review

For noncitizens facing removal, habeas corpus provides one of very few avenues for Article III review. For decades, habeas proceedings have been interpreted as falling under the ambit of the Equal Access to Justice Act (EAJA), which provides for the award of attorneys’ fees to prevailing parties in suits against the federal government. But this understanding is being challenged, threatening the judicial backstop to executive and legislative overreach in immigration. Reducing the ability of lawyers to recover their fees in these circumstances will reduce the number and quality of habeas challenges by individuals being detained while they await removal—a particularly …


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.


Administrative Appeal Brief - Fusl000100 (2020-10-25) Feb 2022

Administrative Appeal Brief - Fusl000100 (2020-10-25)

Parole Administrative Appeal Briefs

No abstract provided.


Art. 78 Petitioner's Reply - Fusl000094 (2021-01-15) Feb 2022

Art. 78 Petitioner's Reply - Fusl000094 (2021-01-15)

Art. 78 Petitioners' Replies

No abstract provided.


Art. 78 Petitioner's Reply - Fusl000055 (2021-01-15) Feb 2022

Art. 78 Petitioner's Reply - Fusl000055 (2021-01-15)

Art. 78 Petitioners' Replies

No abstract provided.


Art. 78 Petition - Fusl000097 (2020-11-17) Feb 2022

Art. 78 Petition - Fusl000097 (2020-11-17)

Art. 78 Petitions

No abstract provided.


Art. 78 Petition - Fusl000093 (2020-07-06) Feb 2022

Art. 78 Petition - Fusl000093 (2020-07-06)

Art. 78 Petitions

No abstract provided.


Parole Interview Transcript/Decision - Fusl000095 (2019-08-14) Feb 2022

Parole Interview Transcript/Decision - Fusl000095 (2019-08-14)

Parole Interview Transcripts and Decisions

No abstract provided.


Parole Interview Transcript/Decision - Fusl000019 (2020-06-29) Feb 2022

Parole Interview Transcript/Decision - Fusl000019 (2020-06-29)

Parole Interview Transcripts and Decisions

No abstract provided.


Administrative Appeal Brief - Fusl000095 (2019-10-28) Feb 2022

Administrative Appeal Brief - Fusl000095 (2019-10-28)

Parole Administrative Appeal Briefs

No abstract provided.


Art. 78 Petition - Fusl000095 (2020-05-26) Feb 2022

Art. 78 Petition - Fusl000095 (2020-05-26)

Art. 78 Petitions

No abstract provided.


Art. 78 Petition - Fusl000055 (2020-12-03) Feb 2022

Art. 78 Petition - Fusl000055 (2020-12-03)

Art. 78 Petitions

No abstract provided.


Bad Publicity: The Diminished Right Of Privacy In The Age Of Social Media, Kirby Shilling Jan 2022

Bad Publicity: The Diminished Right Of Privacy In The Age Of Social Media, Kirby Shilling

Fordham Intellectual Property, Media and Entertainment Law Journal

The “public disclosure of private facts” tort involves determining if and when publication of truthful, albeit embarrassing, facts warrant liability. Such liability inherently runs into First Amendment concerns. This Note analyzes the background of this tort, its status, and its application in different jurisdictions. Scholarship and jurisprudence have traditionally balanced the right to privacy with First Amendment guarantees by looking at different factors, including whether the disclosed information is properly described as “private” and whether it is newsworthy or a matter of legitimate public interest. However, the line between “public” and “private” has become increasingly blurred with new technology and …


Climate Change And Incarcerated Populations: Confronting Environmental And Climate Injustices Behind Bars, Emily C. Gribble, David N. Pellow Jan 2022

Climate Change And Incarcerated Populations: Confronting Environmental And Climate Injustices Behind Bars, Emily C. Gribble, David N. Pellow

Fordham Urban Law Journal

No abstract provided.


Hell And High Water: How Climate Change Can Harm Prison Residents And Jail Residents, And Why Covid-19 Conditions Litigation Suggests Most Federal Courts Will Wait-And-See When Asked To Intervene, Paloma Wu, D. Korbin Felder Jan 2022

Hell And High Water: How Climate Change Can Harm Prison Residents And Jail Residents, And Why Covid-19 Conditions Litigation Suggests Most Federal Courts Will Wait-And-See When Asked To Intervene, Paloma Wu, D. Korbin Felder

Fordham Urban Law Journal

No abstract provided.


Speak Out: Verifying And Unmasking Cryptocurrency User Identity, Hadar Y. Jabotinsky, Michal Lavi Jan 2022

Speak Out: Verifying And Unmasking Cryptocurrency User Identity, Hadar Y. Jabotinsky, Michal Lavi

Fordham Intellectual Property, Media and Entertainment Law Journal

Terror attacks pose a serious threat to public safety and national security. New technologies assist these attacks, magnify them, and render them deadlier. The more funding terrorist organizations manage to raise, the greater their capacity to recruit members, organize, and commit terror attacks. Since the September 11, 2001 terror attacks, law enforcement agencies have increased their efforts to develop more anti-terrorism and anti-money laundering regulations, which are designed to block the flow of financing of terrorism and cut off its oxygen. However, at present, most regulatory measures focus on traditional currencies. As these restrictions become more successful, the likelihood that …


Mala Prohibita, The Wrongfulness Constraint, And The Problem Of Overcriminalization, Youngjae Lee Jan 2022

Mala Prohibita, The Wrongfulness Constraint, And The Problem Of Overcriminalization, Youngjae Lee

Faculty Scholarship

The wrongfulness constraint, as a principle of criminalization, is supposed to preclude criminalization in the absence of wrongfulness. Crimes that look especially problematic from the perspective of the wrongfulness constraint are mala prohibita offenses. The aim of this Essay is to consider the question whether the wrongfulness constraint can serve as an effective tool to curb overcriminalization by looking at the case of mala prohibita offenses. This Essay defends the following propositions. First, because of the availability of an array of tools to defend various mala prohibita offenses as satisfying the wrongfulness constraint, it is often not a straightforward matter …


Bargaining For Abolition, Zohra Ahmed Jan 2022

Bargaining For Abolition, Zohra Ahmed

Fordham Law Review

What if instead of seeing criminal court as an institution driven by the operation of rules, we saw it as a workplace where people labor to criminalize those with the misfortune to be prosecuted? Early observers of twentieth century urban criminal courts likened them to factories. Since then, commentators often deploy the pejorative epithet “assembly line justice” to describe criminal court’s processes. The term conveys the criticism of a mechanical system delivering a form of justice that is impersonal and fallible. Perhaps unintentionally, the epithet reveals another truth: criminal court is also a workplace, and it takes labor to keep …


Remaking Public Defense In An Abolitionist Framework: Non-Reformist Reform And The Gideon Problem, Eli Salamon-Abrams Jan 2022

Remaking Public Defense In An Abolitionist Framework: Non-Reformist Reform And The Gideon Problem, Eli Salamon-Abrams

Fordham Urban Law Journal

No abstract provided.


The Regulatabilization Of Cannabis, Donald J. Kochan Jan 2022

The Regulatabilization Of Cannabis, Donald J. Kochan

Fordham Urban Law Journal

No abstract provided.


Taking The Initiative: Marijuana Law Reform And Direct Democracy, Tamar Todd Jan 2022

Taking The Initiative: Marijuana Law Reform And Direct Democracy, Tamar Todd

Fordham Urban Law Journal

No abstract provided.


Marijuana Use By Employees: Drug-Free Policies And The Changing Legal Landscape, Kerry Cork Jan 2022

Marijuana Use By Employees: Drug-Free Policies And The Changing Legal Landscape, Kerry Cork

Fordham Urban Law Journal

No abstract provided.


Understanding The Public’S Opinions Of Uav-Assisted Residential Monitoring By Police, Linda M. Merola, Ryan P. Murphy Jan 2022

Understanding The Public’S Opinions Of Uav-Assisted Residential Monitoring By Police, Linda M. Merola, Ryan P. Murphy

Fordham Urban Law Journal

No abstract provided.


Non-Profit Organizations Should Prioritize Governance In Board Selection Decisions—Those That Prioritize Money May Pay Too Much, Heidi Grunwald, Daniel Isaacs Jan 2022

Non-Profit Organizations Should Prioritize Governance In Board Selection Decisions—Those That Prioritize Money May Pay Too Much, Heidi Grunwald, Daniel Isaacs

Fordham Journal of Corporate & Financial Law

Non-profit corporations must comply with federal tax laws, and their governing bodies must satisfy corporation law-based duties, but they are not subject to the regulatory requirements of publicly traded corporations. This discrepancy should be troubling, because the stakeholders of non-profit organizations are far more vulnerable than the typical investor. Accordingly, non-profit boards have a particularly strong need for good governance. However, our research shows that non-profit board members believe that board selection procedures prioritize giving over the ability to attract and retain members with attributes commonly associated with good governance. To address this problem, we argue that laws should require …


Housing The Decarcerated: Covid-19, Abolition & The Right To Housing, Norrinda Brown Jan 2022

Housing The Decarcerated: Covid-19, Abolition & The Right To Housing, Norrinda Brown

Faculty Scholarship

The coronavirus pandemic revealed the need to advance the right to housing and abolition movements. The need for advancements in both spaces was no more painfully apparent than among the recently decarcerated population. Securing housing for the recently decarcerated is particularly difficult due to the “culture of exclusion” that has long pervaded subsidized housing policy, enabled by a patchwork of federal laws, including the Anti-Drug Abuse Act (ADA) of 1988 and the Supreme Court’s ruling in HUD v. Rucker. The culture of exclusion is arbitrated by local housing authorities and works on three levels: eligibility, enforcement, and set asides. As …


Free-Ing Criminal Justice, I. Bennett Capers Jan 2022

Free-Ing Criminal Justice, I. Bennett Capers

Faculty Scholarship

No abstract provided.


Do Local Governments Really Have Too Much Power? Understanding The National League Of Cities' Principles Of Home Rule For The 21st Century, Nestor M. Davidson, Richard Schragger Jan 2022

Do Local Governments Really Have Too Much Power? Understanding The National League Of Cities' Principles Of Home Rule For The 21st Century, Nestor M. Davidson, Richard Schragger

Faculty Scholarship

This Article explains and defends the National League of Cities’ Principles of Home Rule for the 21st Century, which the authors participated in drafting. The Principles project both articulates a vision of state-local relations appropriate to an urban age and, as with previous efforts stretching back to the Progressive Era, includes a model constitutional home rule article designed to serve as the foundation for state-level constitutional law reform. This Article explains the origins of the Principles, outlines the major components of its model constitutional provision, and defends the model against a set of criticisms common to this and past home-rule …


Principles Of Home Rule For The 21st Century, Nestor M. Davidson Jan 2022

Principles Of Home Rule For The 21st Century, Nestor M. Davidson

Faculty Scholarship

This has been excerpted and adapted from the National League of Cities Principles of Home Rule for the 21st Century report. Read the full report at: https://www.nlc.org/wp-content/uploads/2020/02/Home-Rule-Principles-Rep ortWEB-2-1.pdf.