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Articles 271 - 300 of 844
Full-Text Articles in Entire DC Network
Administrative Appeal Brief - Fusl000026 (2015-05-01)
Administrative Appeal Brief - Fusl000026 (2015-05-01)
Parole Administrative Appeal Briefs
No abstract provided.
A “Justified Need” For The Constitutionality Of “Good Cause” Concealed Carry Provisions, Andrew Kim
A “Justified Need” For The Constitutionality Of “Good Cause” Concealed Carry Provisions, Andrew Kim
Fordham Law Review
The U.S. Supreme Court’s landmark decision in District of Columbia v. Heller held that the prohibition of handguns in the home was unconstitutional and the Court extended this holding to the states through the Fourteenth Amendment in McDonald v. City of Chicago. Through these cases, the Court clarified that the core of the Second Amendment was self-defense. However, it did not specify the scope of this self-defense “core” and left the lower courts with room for interpretation—for example, it is unclear whether and to what extent the Second Amendment applies to the public space. Furthermore, the Supreme Court did …
See No Evil, Hear No Evil: Applying The Sight And Sound Separation Protection To All Youths Who Are Tried As Adults In The Criminal Justice System, Lauren Knoke
Fordham Law Review
American law treats youths within the criminal justice system with contrasting impulses. In some cases, the law deems youths worthy of special protections and places them within the juvenile justice system. In other situations, however, it views youths as posing distinct dangers and funnels them into justice systems designed for adults. So long as youths remain under the jurisdiction of the juvenile justice system, they are afforded the protections of the Juvenile Justice and Delinquency Prevention Act (JJDPA). One of the JJDPA’s core protections, sight and sound separation, aims to prevent youths from having any visual or spoken exchanges with …
Art. 78 Petitioner's Reply - Fusl000034 (2018-02-16)
Art. 78 Petitioner's Reply - Fusl000034 (2018-02-16)
Art. 78 Petitioners' Replies
No abstract provided.
Decision In Art. 78 Proceeding - Berta, Robert (2017-02-08)
Decision In Art. 78 Proceeding - Berta, Robert (2017-02-08)
Decisions in Art. 78 Proceedings
No abstract provided.
Parole Interview Transcript/Decision - Fusl000003 (2005-12-06)
Parole Interview Transcript/Decision - Fusl000003 (2005-12-06)
Parole Interview Transcripts and Decisions
No abstract provided.
Parole Interview Transcript/Decision - Fusl000003 (2007-12-04)
Parole Interview Transcript/Decision - Fusl000003 (2007-12-04)
Parole Interview Transcripts and Decisions
No abstract provided.
Makeup Or Fakeup?: The Need To Regulate Counterfeit Cosmetics Through Improved Chinese Intellectual Property Enforcement, Jennifer Lei
Makeup Or Fakeup?: The Need To Regulate Counterfeit Cosmetics Through Improved Chinese Intellectual Property Enforcement, Jennifer Lei
Fordham Law Review
This Note examines whether new developments in intellectual property enforcement are able to fix the notorious counterfeiting issue in China, particularly with counterfeit cosmetics. Counterfeit cosmetics are a threat to public safety in the United States and globally, especially as the cosmetics industry continues to expand. There are two opposing views on whether China’s intellectual property regime—in light of the 2017 to 2019 developments—is able to address the issue. This Note proposes that even with recent developments, current laws and enforcement methods do not reduce counterfeit production. Instead, this Note argues that the Chinese government should use educational campaigns to …
Prosecuting Dark Net Drug Marketplace Operators Under The Federal Crack House Statute, Thomas J. Nugent
Prosecuting Dark Net Drug Marketplace Operators Under The Federal Crack House Statute, Thomas J. Nugent
Fordham Law Review
Over 70,000 Americans died as the result of a drug overdose in 2017, a record year following a record year. Amidst this crisis, the popularity of drug marketplaces on what has been called the “dark net” has exploded. Illicit substances are sold freely on such marketplaces, and the anonymity these marketplaces provide has proved troublesome for law enforcement. Law enforcement has responded by taking down several of these marketplaces and prosecuting their creators, such as Ross Ulbricht of the former Silk Road. Prosecutors have typically leveled conspiracy charges against the operators of these marketplaces—in Ulbricht’s case, alleging a single drug …
Administrative Appeal Brief - Fusl000029 (2017-08-14)
Administrative Appeal Brief - Fusl000029 (2017-08-14)
Parole Administrative Appeal Briefs
No abstract provided.
Art. 78 Response - Fusl000024 (2018-01-12)
Parole Interview Transcript/Decision - Fusl000001 (2011-01-04)
Parole Interview Transcript/Decision - Fusl000001 (2011-01-04)
Parole Interview Transcripts and Decisions
No abstract provided.
Guilt By Genetic Association: The Fourth Amendment And The Search Of Private Genetic Databases By Law Enforcement, Claire Abrahamson
Guilt By Genetic Association: The Fourth Amendment And The Search Of Private Genetic Databases By Law Enforcement, Claire Abrahamson
Fordham Law Review
Over the course of 2018, a number of suspects in unsolved crimes have been identified through the use of GEDMatch, a public online genetic database. Law enforcement’s use of GEDMatch to identify suspects in cold cases likely does not constitute a search under the Fourth Amendment because the genetic information hosted on the website is publicly available. Transparency reports from direct-to-consumer (DTC) genetic testing providers like 23andMe and Ancestry suggest that federal and state officials may now be requesting access to private genetic databases as well. Whether law enforcement’s use of private DTC genetic databases to search for familial relatives …
Building A Movement: The Lessons Of Fines And Fees, Lisa Foster
Building A Movement: The Lessons Of Fines And Fees, Lisa Foster
Fordham Law Review Online
I doubt we will ever experience something we (or others) would call an Access to Justice Movement in the United States. The goal is too amorphous, lacks immediacy, and doesn’t resonate: If people don’t perceive that many of their problems have a legal solution, why would they rally to support “100 percent access to effective assistance for essential civil legal needs”? The legal system is too big, too complicated, and too removed from people’s everyday experiences. And especially in low-income communities of color, distrust of the justice system runs deep. People don’t want access to a system they believe is …
Daca, Government Lawyers, And The Public Interest, Stephen Lee, Sameer M. Ashar
Daca, Government Lawyers, And The Public Interest, Stephen Lee, Sameer M. Ashar
Fordham Law Review
On June 15, 2012, the Obama administration announced a significant change in immigration policy: Homeland Security Secretary Janet Napolitano began to instruct immigration officials to defer enforcement actions against those noncitizens who would likely be eligible for relief under the DREAM Act, should Congress choose to pass it. This program, which came to be known as Deferred Action for Childhood Arrivals (DACA), has become the most significant immigration-benefits program in a generation. Not since Congress passed a comprehensive reform bill in 1986, which included a pathway to citizenship, has an immigration program so quickly and positively changed the lives of …
Hidden Nondefense: Partisanship In State Attorneys General Amicus Briefs And The Need For Transparency, Lisa F. Grumet
Hidden Nondefense: Partisanship In State Attorneys General Amicus Briefs And The Need For Transparency, Lisa F. Grumet
Fordham Law Review
In all fifty states, the State Attorney General (SAG)—as the state’s chief legal officer—is charged with defending state laws that are challenged in court. If an SAG declines to defend or challenges a state law on the ground that it is unconstitutional—an action scholars describe as “nondefense”— the SAG ordinarily will disclose this decision to the public. This Essay discusses a hidden form of nondefense that can occur when SAGs file amicus curiae briefs on behalf of their states in matters before the U.S. Supreme Court. Surprisingly, some SAGs have joined multistate amicus briefs that support invalidating other states’ laws …
Gender And Religious Dress At The European Court Of Human Rights: A Comparison Of Șahin V. Turkey And Arslan V. Turkey, Bronwyn Roantree
Gender And Religious Dress At The European Court Of Human Rights: A Comparison Of Șahin V. Turkey And Arslan V. Turkey, Bronwyn Roantree
Fordham Law Review Online
This paper examines the regulation of the religious dress of men and women in two decisions by the European Court of Human Rights: Şahin v. Turkey and Arslan v. Turkey. In Şahin, the Court upheld a ban on the wearing of the Islamic headscarf, an article of clothing worn exclusively by women, at a public university. In Arslan, the Court rejected a ban on the wearing of a type of religious uniform worn only by men who were members of a politically subversive Islamic group. In both cases, the Court asserted that its decision was necessary to …
Back To The Future: Permitting Habeas Petitions Based On Intervening Retroactive Case Law To Alter Convictions And Sentences, Lauren Casale
Back To The Future: Permitting Habeas Petitions Based On Intervening Retroactive Case Law To Alter Convictions And Sentences, Lauren Casale
Fordham Law Review
In 1948, Congress enacted 28 U.S.C. § 2255, which authorizes a motion for federal prisoners to “vacate, set aside or correct” their sentences, with the goal of improving judicial efficiency in collateral review. Section 2255(e), known as the “savings clause,” allows federal inmates to challenge the validity of their imprisonments with writs of habeas corpus if § 2255 motions are “inadequate or ineffective to test the legality of [their] detention[s].” Due to the U.S. Supreme Court’s and Congress’s silence regarding what suffices as “inadequate or ineffective,” the circuit courts have adopted varied standards. The Sixth and Seventh Circuits hold that …
Impoverished Algorithms: Misguided Governments, Flawed Technologies, And Social Control, Sarah Valentine
Impoverished Algorithms: Misguided Governments, Flawed Technologies, And Social Control, Sarah Valentine
Fordham Urban Law Journal
No abstract provided.
Contextualizing Sanctuary Policy Development In The United States: Conceptual And Constitutional Underpinnings, 1979 To 2018, Allan Colbern, Melanie Amoroso-Pohl, & Courtney Gutiérrez
Contextualizing Sanctuary Policy Development In The United States: Conceptual And Constitutional Underpinnings, 1979 To 2018, Allan Colbern, Melanie Amoroso-Pohl, & Courtney Gutiérrez
Fordham Urban Law Journal
No abstract provided.
Emotional Support Animals Are More Than Just Pets: It Is Time For The Department Of Justice To Align Its Emotional Support Animal Policies With Other Anti-Discrimination Laws, Jake Butwin
Fordham Urban Law Journal
No abstract provided.
National Security And Economic Globalization: Toward Collision Or Reconciliation?, J. Benton Heath
National Security And Economic Globalization: Toward Collision Or Reconciliation?, J. Benton Heath
Fordham International Law Journal
No abstract provided.
Accountability Of Algorithms In The Gdpr And Beyond: A European Legal Framework On Automated Decision-Making, Céline Castets-Renard
Accountability Of Algorithms In The Gdpr And Beyond: A European Legal Framework On Automated Decision-Making, Céline Castets-Renard
Fordham Intellectual Property, Media and Entertainment Law Journal
Automated decision systems appear to carry higher risks today than they ever have before. Digital technologies collect massive amounts of data and evaluate people in every aspect of their lives, such as housing and employment. This collected information is ranked through the use of algorithms. The use of such algorithms may be problematic. Because the results obtained through algorithms are created by machines, they are often assumed to be immune from human biases. However, algorithms are the product of human thinking and, as such, can perpetuate existing stereotypes and social segregation. This problem is exacerbated by the fact that algorithms …
It’S About Quality: Private Confinement Facilities In Juvenile Justice, Jeffrey A. Butts, John F. Pfaff
It’S About Quality: Private Confinement Facilities In Juvenile Justice, Jeffrey A. Butts, John F. Pfaff
Faculty Scholarship
The youth justice system in the United States has always depended on nongovernmental organizations to provide some of the services, supports, and sanctions for youth after juvenile court adjudication. As the use of state-operated youth confinement declined in recent years, primarily as a result of falling rates of serious juvenile crime, the relative importance of private facilities increased. The number of juveniles held in privately operated secure confinement facilities is now larger than the number confined in state institutions.
The Snowball Effect Of Crime And Violence: Measuring The Triple-C Impact, Michal Gilad, Abraham Gutman, And Stephen P. Chawaga
The Snowball Effect Of Crime And Violence: Measuring The Triple-C Impact, Michal Gilad, Abraham Gutman, And Stephen P. Chawaga
Fordham Urban Law Journal
No abstract provided.
Undoing The Bail Myth: Pretrial Reforms To End Mass Incarceration, Insha Rahman
Undoing The Bail Myth: Pretrial Reforms To End Mass Incarceration, Insha Rahman
Fordham Urban Law Journal
No abstract provided.
Barbers, Caregivers, And The “Disciplinary Subject”: Occupational Licensure For People With Criminal Justice Backgrounds In The United States, Alec C. Ewald
Fordham Urban Law Journal
No abstract provided.
The “White” To Bear Arms: How Immunity Provisions In Stand Your Ground Statutes Lead To An Unequal Application Of The Law For Black Gun Owners, Victoria Bell
Fordham Urban Law Journal
No abstract provided.
A Bias-Free Predictive Policing Tool?: An Evaluation Of The Nypd's Patternizr, Molly Griffard
A Bias-Free Predictive Policing Tool?: An Evaluation Of The Nypd's Patternizr, Molly Griffard
Fordham Urban Law Journal
No abstract provided.
The New State Preemption, The Future Of Home Rule, And The Illinois Experience, Nestor M. Davidson, Laurie Reynolds
The New State Preemption, The Future Of Home Rule, And The Illinois Experience, Nestor M. Davidson, Laurie Reynolds
Faculty Scholarship
This article examines the rise of new forms of state preemption of local government legal authority in states across the nation, a trend that is prompting scholars, advocates, and officials to re-examine the underlying nature of home rule. The article lays out core components of a new approach to home rule that might remedy contemporary shortcomings in the doctrine, then reflects on lessons for reforming home rule from the Illinois experience.