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Articles 241 - 270 of 844
Full-Text Articles in Entire DC Network
Capital Region Connections, Thirteenth Edition: 2020-2022, Alice P. Green
Capital Region Connections, Thirteenth Edition: 2020-2022, Alice P. Green
Reentry Resources
No abstract provided.
Governing Privacy In The Datafied City, Ira S. Rubinstein, Bilyana Petkova
Governing Privacy In The Datafied City, Ira S. Rubinstein, Bilyana Petkova
Fordham Urban Law Journal
No abstract provided.
Restorative Justice From Prosecutors’ Perspective, Bruce A. Green, Lara Bazelon
Restorative Justice From Prosecutors’ Perspective, Bruce A. Green, Lara Bazelon
Fordham Law Review
Restorative justice processes have been promoted as an alternative to criminal adjudication for many years outside the United States and, in recent years, in the United States as well. In the United States, restorative justice processes are used in some jurisdictions in cases involving juvenile offenders or low-level, nonviolent offenses by adults, but they have rarely been used in cases of adult felony offenders charged with serious violent crimes. Whether restorative justice processes will be used more broadly depends largely on whether prosecutors become receptive to their use. A handful of newly elected “progressive prosecutors” have expressed interest in applying …
Selecting Scrutiny In Compelled-Speech Cases Involving Non-Commercial Expression: The Formulaic Landscape Of A Strict Scrutiny World After Becerra And Janus, And A First Amendment Interests-And-Values Alternative, Clay Calvert
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article examines how courts select the standard of scrutiny—strict, intermediate, or something akin to rational basis—in compelled-speech disputes following the United States Supreme Court’s 2018 rulings in National Institute of Family and Life Advocates v. Becerra and Janus v. American Federation of State, County, and Municipal Employees. The compelled-speech doctrine provides individuals and entities with a qualified First Amendment right not to be forced by the government to convey messages under certain circumstances. This principle sometimes is referred to as an unenumerated First Amendment right not to speak. The Article concentrates on compelled-speech mandates involving non-commercial expression in …
Children's Equality: The Centrality Of Race, Gender, And Class, Nancy E. Dowd
Children's Equality: The Centrality Of Race, Gender, And Class, Nancy E. Dowd
Fordham Urban Law Journal
No abstract provided.
Smarter Cities Or Bigger Brother? How The Race For Smart Cities Could Determine The Future Of China, Democracy, And Privacy, John Wagner Givens, Debra Lam
Smarter Cities Or Bigger Brother? How The Race For Smart Cities Could Determine The Future Of China, Democracy, And Privacy, John Wagner Givens, Debra Lam
Fordham Urban Law Journal
No abstract provided.
Decarcerating New York City: Lessons From A Pandemic, Nicole Smith Futrell
Decarcerating New York City: Lessons From A Pandemic, Nicole Smith Futrell
Fordham Urban Law Journal
No abstract provided.
Doing More Good Than Harm: Alternatives To Incarceration For Young People Charged With Crimes Of Terrorism, Nora Leslie Stephens
Doing More Good Than Harm: Alternatives To Incarceration For Young People Charged With Crimes Of Terrorism, Nora Leslie Stephens
Fordham Urban Law Journal
No abstract provided.
Broken Records: Reconceptualizing Rational Basis Review To Address “Alternative Facts” In The Legislative Process, Joseph Landau
Broken Records: Reconceptualizing Rational Basis Review To Address “Alternative Facts” In The Legislative Process, Joseph Landau
Faculty Scholarship
In 2016, North Carolina passed “HB2,” also known as the “bathroom ban”—a law prohibiting transgender individuals from accessing public restrooms corresponding to their gender identity—based on the unfounded fear that cisgender men posing as transgender women would assault women and girls in bathrooms. Around the same time, Alabama enacted a punishing immigration law in which sponsors distorted statistics regarding the undocumented population by using the terms “Latino/Hispanic” and “illegal immigrant” interchangeably. These laws are reflective of a larger pattern. In our increasingly polarized political climate, policymakers are affirmatively distorting legislative records and promoting dubious justifications for their policy goals—that is, …
The Prison Of Convenience: The Need For National Regulation Of Biometric Technology In Sports Venues, Kirsten Flicker
The Prison Of Convenience: The Need For National Regulation Of Biometric Technology In Sports Venues, Kirsten Flicker
Fordham Intellectual Property, Media and Entertainment Law Journal
In recent years, biometric data has crept its way into sports venues. In 2015, Major League Baseball began to use fingerprinting at stadium entrances. More recently, reporters have alerted spectators to the use of facial recognition technology in arenas such as Madison Square Garden. Proponents of these developments insist that the technology conveniences spectators, increases venue security, and enhances the overall spectator experience. Yet these claims fail to take into account the possibility of irremediable data breaches, the inaccuracies in facial recognition technology, and the privacy and unfair and deceptive trade practice concerns this technology raises. Further, there is an …
Blue States, Red States: The United States?, Catherine Powell
Blue States, Red States: The United States?, Catherine Powell
Faculty Scholarship
No abstract provided.
Why The Policy Failures Of Mass Incarceration Are Really Political Failures, John F. Pfaff
Why The Policy Failures Of Mass Incarceration Are Really Political Failures, John F. Pfaff
Faculty Scholarship
In his forthcoming book, The Insidious Momentum of Mass Incarceration, Franklin Zimring argues that the most effective way to end mass incarceration is to target the policy failures that drive it. He focuses in particular on the “prosecutorial free lunch”: prosecutors are county-funded officials who can send as many people as they like to state-funded prisons, which is a classic moral hazard problem. While Zimring is correct to focus on how relatively technocratic issues have posed outsized and underappreciated problems, his analysis suffers from some important shortcomings. In particular, he gives too little attention to the politics that have …
Conceptualizing Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott
Conceptualizing Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott
Faculty Scholarship
The law governing children is complex, sometimes appearing almost incoherent. The relatively simple framework established in the Progressive era, in which parents had primary authority over children, subject to limited state oversight, has broken down over the past few decades. Lawmakers started granting children some adult rights and privileges, raising questions about their traditional status as vulnerable, dependent, and legally incompetent beings. As children emerged as legal persons, children’s rights advocates challenged the rationale for parental authority, contending that robust parental rights often harm children. And a wave of punitive reforms in response to juvenile crime in the 1990s undermined …
Parole Interview Transcript/Decision - Fusl000017 (2011-11-08)
Parole Interview Transcript/Decision - Fusl000017 (2011-11-08)
Parole Interview Transcripts and Decisions
No abstract provided.
Decision In Art. 78 Proceeding - Cassidy, Michael H. (2014-07-18)
Decision In Art. 78 Proceeding - Cassidy, Michael H. (2014-07-18)
Decisions in Art. 78 Proceedings
No abstract provided.
Decision In Art. 78 Proceeding - Gass, Melvin (2013-02-08)
Decision In Art. 78 Proceeding - Gass, Melvin (2013-02-08)
Decisions in Art. 78 Proceedings
No abstract provided.
Parole Interview Transcript/Decision - Fusl000021 (2011-10-18)
Parole Interview Transcript/Decision - Fusl000021 (2011-10-18)
Parole Interview Transcripts and Decisions
No abstract provided.
Decision In Art. 78 Proceeding - Rodriguez, Alejo (2016-02-25)
Decision In Art. 78 Proceeding - Rodriguez, Alejo (2016-02-25)
Decisions in Art. 78 Proceedings
No abstract provided.
Decision In Art. 78 Proceeding - Rodriguez, Wilson (2018-01-22)
Decision In Art. 78 Proceeding - Rodriguez, Wilson (2018-01-22)
Decisions in Art. 78 Proceedings
No abstract provided.
Decision In Art. 78 Proceeding - Pascal, Roberto (2014-06-04)
Decision In Art. 78 Proceeding - Pascal, Roberto (2014-06-04)
Decisions in Art. 78 Proceedings
No abstract provided.
Decision In Art. 78 Proceeding - Perfetto, Gary (2015-12-03)
Decision In Art. 78 Proceeding - Perfetto, Gary (2015-12-03)
Decisions in Art. 78 Proceedings
No abstract provided.
Pornographic Deepfakes: The Case For Federal Criminalization Of Revenge Porn’S Next Tragic Act, Rebecca A. Delfino
Pornographic Deepfakes: The Case For Federal Criminalization Of Revenge Porn’S Next Tragic Act, Rebecca A. Delfino
Fordham Law Review
This could happen to you. Like millions of people worldwide, you have uploaded digital photographs of yourself to the internet through social media platforms. Your pictures aren’t sexually explicit or revealing—they depict your daily life, spending time with friends or taking “selfies” on vacation. But then someone decides they don’t like you. Using an app available on any smartphone, this antagonist clips digital images of your face from your innocuous pictures and pastes them seamlessly onto the body of a person engaged in sexually explicit acts. Without your knowledge or consent, you become the “star” of a realistic, pornographic “deepfake.” …
“Armed And Dangerous” A Half Century Later: Today’S Gun Rights Should Impact Terry’S Framework, Alexander Butwin
“Armed And Dangerous” A Half Century Later: Today’S Gun Rights Should Impact Terry’S Framework, Alexander Butwin
Fordham Law Review
Over fifty years ago, in Terry v. Ohio, the U.S. Supreme Court established a two-part framework in which police officers may, without a warrant, stop and search an individual for weapons without violating the Fourth Amendment’s protections against unreasonable searches and seizures. Officers must (1) suspect that criminal activity has occurred, or will soon occur, and (2) have a reasonable fear that the individual is “armed” and poses a threat to the responding officers or to others—i.e., “dangerous.” The second prong’s exact meaning is disputed and has created a split among the circuits as to whether merely being “armed” …
Public Nuisance Claims After Conagra, Steven Czak
Public Nuisance Claims After Conagra, Steven Czak
Fordham Law Review
This Note examines the continuing harms of lead-based paint and attempts by cities and states to hold manufacturers and distributors liable for abatement under the public nuisance doctrine. Such suits have stretched traditional conceptions of public nuisance, particularly on the threshold issue of whether pervasive lead paint in residences infringes on a common right held by the public. This Note reviews the major lead paint public nuisance cases from across the country. The plaintiffs were unsuccessful in each case for a variety of reasons until ten California counties prevailed in People v. ConAgra in November 2017. While subsequently reduced by …
Reframing The Punishment Test Through Modern Sex Offender Legislation, Jane Ramage
Reframing The Punishment Test Through Modern Sex Offender Legislation, Jane Ramage
Fordham Law Review
Modern sex offender registration and notification laws blur the distinction between criminal and civil law. Despite being labeled as civil regulatory schemes, these laws impose severe burdens on personal liberty—burdens that we tend to associate with criminal punishment. In 2003, the U.S. Supreme Court determined that at least one sex offender registration and notification program functioned as a civil remedy rather than a criminal sanction. In upholding the Alaska Sex Offender Registration Act, the Supreme Court held that the burdens imposed by the statute did not impose additional punishment on registered sex offenders and thus did not trigger the constitutional …
Decision In Art. 78 Proceeding - Goode, Timothy (2013-09-16)
Decision In Art. 78 Proceeding - Goode, Timothy (2013-09-16)
Decisions in Art. 78 Proceedings
No abstract provided.
Decision In Art. 78 Proceeding - Kadet, Calvin (2012-02-27)
Decision In Art. 78 Proceeding - Kadet, Calvin (2012-02-27)
Decisions in Art. 78 Proceedings
No abstract provided.
Decision In Art. 78 Proceeding - Khweiss, Ali (2014-09-16)
Decision In Art. 78 Proceeding - Khweiss, Ali (2014-09-16)
Decisions in Art. 78 Proceedings
No abstract provided.
Decision In Art. 78 Proceeding - Zarro, Francis A., Jr. (2013-08-08)
Decision In Art. 78 Proceeding - Zarro, Francis A., Jr. (2013-08-08)
Decisions in Art. 78 Proceedings
No abstract provided.
Parole Interview Transcript/Decision - Fusl000017 (2009-12-16)
Parole Interview Transcript/Decision - Fusl000017 (2009-12-16)
Parole Interview Transcripts and Decisions
No abstract provided.