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Fordham Law School

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Disparate Impact Lacks An Impact: The Need For Pay For Success Programs To House Formerly Incarcerated People, Eva Coruzzi Schneider Jan 2017

Disparate Impact Lacks An Impact: The Need For Pay For Success Programs To House Formerly Incarcerated People, Eva Coruzzi Schneider

Fordham Urban Law Journal

No abstract provided.


Protecting Homeowners’ Privacy Rights In The Age Of Drones: The Role Of Community Associations, Hillary B. Farber, Marvin J. Nodiff Jan 2017

Protecting Homeowners’ Privacy Rights In The Age Of Drones: The Role Of Community Associations, Hillary B. Farber, Marvin J. Nodiff

Fordham Urban Law Journal

No abstract provided.


Antisocial Personality Disorder And Donald Dd.: Distinguishing The Sex Offender From The Typical Recidivist In The Civil Commitment Of Sex Offenders, Kaitlyn Walsh Jan 2017

Antisocial Personality Disorder And Donald Dd.: Distinguishing The Sex Offender From The Typical Recidivist In The Civil Commitment Of Sex Offenders, Kaitlyn Walsh

Fordham Urban Law Journal

No abstract provided.


The Right To An Attorney Is Not Enough: Steps To Rid The Criminal Justice System Of Its Poverty Tax, Sarah Lustbader Jan 2017

The Right To An Attorney Is Not Enough: Steps To Rid The Criminal Justice System Of Its Poverty Tax, Sarah Lustbader

Fordham Urban Law Journal

No abstract provided.


Lawful Gun Carriers (Police And Armed Citizens): License, Escalation And Race, Nicholas J. Johnson Jan 2017

Lawful Gun Carriers (Police And Armed Citizens): License, Escalation And Race, Nicholas J. Johnson

Faculty Scholarship

No abstract provided.


Urban Policing And Public Policy— The Prosecutor’S Role, Bruce A. Green Jan 2017

Urban Policing And Public Policy— The Prosecutor’S Role, Bruce A. Green

Faculty Scholarship

No abstract provided.


Digitocracy, Joel R. Reidenberg Jan 2017

Digitocracy, Joel R. Reidenberg

Faculty Scholarship

No abstract provided.


The Right To Reputation And The Case For Boris Nemtsov, Thomas M. Callahan Nov 2016

The Right To Reputation And The Case For Boris Nemtsov, Thomas M. Callahan

Fordham International Law Journal

No abstract provided.


Lonely Too Long: Redefining And Reforming Juvenile Solitary Confinement, Jessica Lee Nov 2016

Lonely Too Long: Redefining And Reforming Juvenile Solitary Confinement, Jessica Lee

Fordham Law Review

Solitary confinement is a frequently used penal tool in all fifty states against all types of offenders. However, since its development in the 1800s, solitary confinement has been found to have damaging psychological effects. Juvenile inmates in particular suffer the greatest psychological damage from solitary confinement because their brains are still in a developmental state. This has led many to propose various reforms that would either end or limit the use of solitary confinement for those under the age of eighteen. However, new neurological studies on brain development show that inmates between the ages of eighteen and twenty-five also suffer …


Young Adulthood As A Transitional Legal Category: Science, Social Change, And Justice Policy, Elizabeth S. Scott, Richard J. Bonnie, Laurence Steinberg Nov 2016

Young Adulthood As A Transitional Legal Category: Science, Social Change, And Justice Policy, Elizabeth S. Scott, Richard J. Bonnie, Laurence Steinberg

Fordham Law Review

This Article seeks to advance discussions about the potential implications for justice policy of recent neuroscientific, psychological, and sociological research on young adults. In doing so, we emphasize the importance of not exaggerating either the empirical findings or their policy relevance. The available research does not indicate that individuals between the ages of eighteen and twenty are indistinguishable from younger adolescents in attributes relevant to criminal offending and punishment. Thus, we are skeptical on both scientific and pragmatic grounds about the merits of the proposal by some advocates that juvenile court jurisdiction should be categorically extended to age twenty-one. But …


Seeing Voices: Potential Neuroscience Contributions To A Reconstruction Of Legal Insanity, Jane Campbell Moriarty Nov 2016

Seeing Voices: Potential Neuroscience Contributions To A Reconstruction Of Legal Insanity, Jane Campbell Moriarty

Fordham Law Review

Part I of this Article explains the insanity defense in the United States. Next, Part II discusses some of the brain-based research about mental illness, focusing on schizophrenia research. Then, Part III looks at traumatic brain injury and the relationship among injury, cognition, and behavior. Finally, Part IV explains how a new neuroscience-informed standard might better inform our moral decision making about legal insanity.


Revitalizing Sec Rule 14a-8’S Ordinary Business Exclusion: Preventing Shareholder Micromanagement By Proposal, Stephen M. Bainbridge Nov 2016

Revitalizing Sec Rule 14a-8’S Ordinary Business Exclusion: Preventing Shareholder Micromanagement By Proposal, Stephen M. Bainbridge

Fordham Law Review

Who decides what products a company should sell, what prices it should charge, and so on? Is it the board of directors, the top management team, or the shareholders? In large corporations, of course, the answer is the top management team operating under the supervision of the board. As for the shareholders, they traditionally have had no role in these sort of operational decisions. In recent years, however, shareholders have increasingly used SEC Exchange Act Rule 14a-8 (the so-called “Shareholder Proposal Rule”) to not just manage but even micromanage corporate decisions. The Rule permits a qualifying shareholder of a public …


The Fourth Amendment Implications On The Real-Time Tracking Of Cell Phones Through The Use Of “Stingrays”, W. Scott Kim Jun 2016

The Fourth Amendment Implications On The Real-Time Tracking Of Cell Phones Through The Use Of “Stingrays”, W. Scott Kim

Fordham Intellectual Property, Media and Entertainment Law Journal

The rights secured to us by the Fourth Amendment were the driving force behind the American Revolution. Today, law enforcement seems to forget that fact when they use cell-site simulators, commonly referred to by the brand name “Stingray,” without first securing a warrant. These devices mimic cell phone towers and force cell phones near them to connect to the cell-site simulator instead of a tower, thereby allowing the user of the simulator device to track a cell phone to its precise location. Ninety-two percent of Americans own a cell phone and forty-six percent of smartphone users say they could not …


Writing The Rules Of Attorney-Whistleblowing: Who Gets To Decide, And How Do We Make The Decision?, Alex Bein Apr 2016

Writing The Rules Of Attorney-Whistleblowing: Who Gets To Decide, And How Do We Make The Decision?, Alex Bein

Fordham Urban Law Journal

No abstract provided.


Apples-To-Fish: Public And Private Prison Cost Comparisons, Alex Friedmann Apr 2016

Apples-To-Fish: Public And Private Prison Cost Comparisons, Alex Friedmann

Fordham Urban Law Journal

No abstract provided.


Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram Apr 2016

Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram

Fordham Urban Law Journal

One of the frequently criticized aspects of American mass incarceration, privatized incarceration, is frequently considered worse, by definition, than public incarceration for both philosophical ethical reasons and because its for-profit structure creates a disincentive to invest in improving prison conditions. Relying on literature about the neoliberal state and on insights from public choice economics, this Article sets out to challenge the distinction between public and private incarceration, making two main arguments: piecemeal privatization of functions, utilities, and services within state prisons make them operate more like private facilities, and public actors respond to the cost/benefit pressures of the market just …


Comparative Urban Governance For Lawyers, Fernanda G. Nicola, Sheila Foster Apr 2016

Comparative Urban Governance For Lawyers, Fernanda G. Nicola, Sheila Foster

Fordham Urban Law Journal

No abstract provided.


Lessons For New York: Comparative Urban Governance And The Challenge Of Climate Change, Andrea Mcardle Apr 2016

Lessons For New York: Comparative Urban Governance And The Challenge Of Climate Change, Andrea Mcardle

Fordham Urban Law Journal

No abstract provided.


Guns And Drugs, Benjamin Levin Apr 2016

Guns And Drugs, Benjamin Levin

Fordham Law Review

This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, this Article uses as its test case the criminal regulation of gun possession. This Article identifies and distills three lines of drug war criticism and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, this Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social and economic costs of mass …


"Smart Cities" Meet "Anchor Institutions": The Case For Broadband And The Public Library, Ellen P. Goodman Mar 2016

"Smart Cities" Meet "Anchor Institutions": The Case For Broadband And The Public Library, Ellen P. Goodman

Fordham Urban Law Journal

No abstract provided.


Sharing The Road: Smart Transportation Infrastructure, Dorothy J. Glancy Mar 2016

Sharing The Road: Smart Transportation Infrastructure, Dorothy J. Glancy

Fordham Urban Law Journal

Smart cities require smart transportation. Advanced Intelligent Transportation Systems provide ever-smarter transportation infrastructure for the United States and countries around the world. Among the most advance forms of ground transportation infrastructure is a group of technologies that connect vehicles invisibly to other vehicles through information exchanges. These advanced transportation technologies are of two types: On the one hand, Connected Vehicle Safety Systems use vehicle-to-vehicle dedicated short range communications technologies. On the other hand, Connected Vehicle Mobility Applicatoins use a muhc wider variety of mobile wireless technologies. These two types of technolofies that connect vehicles will increasingly make existing physical infrastructure …


Government-Provided Internet Access: Terms Of Service As Speech Rules, Enrique Armijo Mar 2016

Government-Provided Internet Access: Terms Of Service As Speech Rules, Enrique Armijo

Fordham Urban Law Journal

No abstract provided.


Zombieland/The Detroit Bankruptcy: Why Debts Associated With Pensions, Benefits, And Municipal Securities Never Die. . . And How They Are Killing Cities Like Detroit, Christine Sgarlata Chung Mar 2016

Zombieland/The Detroit Bankruptcy: Why Debts Associated With Pensions, Benefits, And Municipal Securities Never Die. . . And How They Are Killing Cities Like Detroit, Christine Sgarlata Chung

Fordham Urban Law Journal

No abstract provided.


Urban Energy, Hannah J. Wiseman Mar 2016

Urban Energy, Hannah J. Wiseman

Fordham Urban Law Journal

Growing domestic energy development—the extraction of fuels and construction of electricity generation facilities—poses new challenges to a country accustomed to importing much of its energy. As has always been the case, fuel in the form of oil, gas, sunlight, wind, water, or other energy sources must be extracted wherever it happens to be found. Compounding this challenge is the fact that some of our most abundant remaining energy sources exist in low concentrations and are widely distributed. As we tap these sources in ever more numerous locations, energy development bumps up against certain human population centers. The City of Fort …


Saving Mount Laurel?, Roderick M. Hills Mar 2016

Saving Mount Laurel?, Roderick M. Hills

Fordham Urban Law Journal

No abstract provided.


Detect, Disrupt, And Detain: Local Law Enforcement's Critical Roles In Combating Homegrown Extremism And The Evolving Terrorist Threat, Mitch Silber, Adam Frey Mar 2016

Detect, Disrupt, And Detain: Local Law Enforcement's Critical Roles In Combating Homegrown Extremism And The Evolving Terrorist Threat, Mitch Silber, Adam Frey

Fordham Urban Law Journal

No abstract provided.


Spatial Terrorism, Dawinder S. Sidhu Mar 2016

Spatial Terrorism, Dawinder S. Sidhu

Fordham Urban Law Journal

Terrorism, under federal law, generally means an act of politically- or socially-motivated violence perpetrated against innocents. Terrorism within the meaning of federal law, in other words, exists only if a cognizable motive is uncovered. This definition also sees the United States as an undifferentiated landscape—by its own terms, it fails to take into account any geographic nuance in acts of mass violence. This Article suggests that spatial considerations are relevant in determining whether an act of mass violence constitutes an act of terrorism for purposes of federal law. It points to cities—which are characterized by a highly concentrated, fluid population, …


From Moscow To Makhachkala: The People In Between, Kimberly L. Jones Mar 2016

From Moscow To Makhachkala: The People In Between, Kimberly L. Jones

Fordham Urban Law Journal

No abstract provided.


Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey Corn, Chris Jenks Mar 2016

Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey Corn, Chris Jenks

Fordham Urban Law Journal

No abstract provided.


Health Reform And Correctional Health Care: How The Affordable Care Act Can Improve The Health Of Ex-Offenders And Their Communities, Joel B. Teitelbaum, Laura G. Hoffman Mar 2016

Health Reform And Correctional Health Care: How The Affordable Care Act Can Improve The Health Of Ex-Offenders And Their Communities, Joel B. Teitelbaum, Laura G. Hoffman

Fordham Urban Law Journal

No abstract provided.