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Crime, Surveillance, And Communities, Bennett Capers Mar 2016

Crime, Surveillance, And Communities, Bennett Capers

Fordham Urban Law Journal

We have become a surveillance state. Cameras—both those controlled by the state, and those installed by private entities—watch our every move, at least in public. For the most part, courts have deemed this public surveillance to be beyond the purview of the Fourth Amendment, meaning that it goes largely unregulated—a cause for alarm for many civil libertarians. This Article challenges these views and suggests that we must listen to communities in thinking about cameras and other surveillance technologies. For many communities, public surveillance not only has the benefit of deterring crime and aiding in the apprehension of criminals. It can …


Policing, Protestors, And Discretion, Alafair Burke Mar 2016

Policing, Protestors, And Discretion, Alafair Burke

Fordham Urban Law Journal

No abstract provided.


Second Amendment Standards Of Review In A Heller World, Nelson Lund Mar 2016

Second Amendment Standards Of Review In A Heller World, Nelson Lund

Fordham Urban Law Journal

No abstract provided.


Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation, Stephen P. Halbrook Mar 2016

Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation, Stephen P. Halbrook

Fordham Urban Law Journal

No abstract provided.


Gun Control And The Second Amendment: Developments And Controversies In The Wake Of District Of Columbia V. Heller And Mcdonald V. Chicago, Harris Fischman Mar 2016

Gun Control And The Second Amendment: Developments And Controversies In The Wake Of District Of Columbia V. Heller And Mcdonald V. Chicago, Harris Fischman

Fordham Urban Law Journal

No abstract provided.


The Right To Carry Firearms Outside Of The Home: Separating Historical Myths From Historical Realities, Saul Cornell Mar 2016

The Right To Carry Firearms Outside Of The Home: Separating Historical Myths From Historical Realities, Saul Cornell

Fordham Urban Law Journal

No abstract provided.


The Second Amendment In Historiographical Crisis: Why The Supreme Court Must Reevaluate The Embarrassing “Standard Model” Moving Forward, Patrick J. Charles Mar 2016

The Second Amendment In Historiographical Crisis: Why The Supreme Court Must Reevaluate The Embarrassing “Standard Model” Moving Forward, Patrick J. Charles

Fordham Urban Law Journal

No abstract provided.


Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb Feb 2016

Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb

Fordham Urban Law Journal

No abstract provided.


Democratic Dissolution: Radical Experimentation In State Takeovers Of Local Governments, Michelle Wilde-Anderson Feb 2016

Democratic Dissolution: Radical Experimentation In State Takeovers Of Local Governments, Michelle Wilde-Anderson

Fordham Urban Law Journal

While state interventions to stabilize the finances of struggling municipalities date back to the Great Depression, the current fiscal crisis has brought a startling escalation in the powers granted to state intervention authorities. Aptly observed by Abby Goodnough in The New York Times, cities and states have tried “myriad ways of righting their fiscal ships as the recession plods on,” but until very recently, “locking the mayor out of City Hall [was] generally not one of them.” In 2010 and 2011, Michigan and Rhode Island, which have been watched closely by other states, dramatically reformed their laws governing state receiverships …


Realizing Padilla’S Promise: Ensuring Noncitizen Defendants Are Advised Of The Immigration Consequences Of A Criminal Conviction, Yolanda Vàzquez Feb 2016

Realizing Padilla’S Promise: Ensuring Noncitizen Defendants Are Advised Of The Immigration Consequences Of A Criminal Conviction, Yolanda Vàzquez

Fordham Urban Law Journal

No abstract provided.


Evolving Standards Of Reasonableness: The Aba Standards And The Right To Counsel In Plea Negotiations, Margaret Colgate Love Feb 2016

Evolving Standards Of Reasonableness: The Aba Standards And The Right To Counsel In Plea Negotiations, Margaret Colgate Love

Fordham Urban Law Journal

The ABA Criminal Justice Standards have been recognized by the Supreme Court as one of the most important sources for determining lawyer competence in right to counsel cases. Because the constitutional test under the Sixth Amendment is whether defense counsel’s performance was “reasonable” under “prevailing professional norms,” the standard of competence is necessarily an evolving one. The Supreme Court's decision in Padilla v. Kentucky underscores the defense bar’s stake in participating in the ABA standard-setting process to guide the development of defense counsel's obligations in plea negotiations. In addition, to the extent the courts give the ABA Standards credence in …


Collateral Consequences: How Reliable Data And Resources Can Change The Way Law Is Practiced, Christopher Gowen, Erin Magary Feb 2016

Collateral Consequences: How Reliable Data And Resources Can Change The Way Law Is Practiced, Christopher Gowen, Erin Magary

Fordham Urban Law Journal

No abstract provided.


A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky, Malia Brink Feb 2016

A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky, Malia Brink

Fordham Urban Law Journal

No abstract provided.


Rluipa Is A Bridge Too Far: Inconvenience Is Not Discrimination, Marci A. Hamilton Feb 2016

Rluipa Is A Bridge Too Far: Inconvenience Is Not Discrimination, Marci A. Hamilton

Fordham Urban Law Journal

No abstract provided.


Occupy Wall Street And International Human Rights, Martha F. Davis Feb 2016

Occupy Wall Street And International Human Rights, Martha F. Davis

Fordham Urban Law Journal

No abstract provided.


Occupy Our Occupations: Why “We Are The 99%” Resonates With Working People And What We Can Do To Fix The American Workplace, Sarah Leberstein, Anastasia Christman Feb 2016

Occupy Our Occupations: Why “We Are The 99%” Resonates With Working People And What We Can Do To Fix The American Workplace, Sarah Leberstein, Anastasia Christman

Fordham Urban Law Journal

No abstract provided.


Little Citizens And Their Families, Peggy Cooper Davis Jan 2016

Little Citizens And Their Families, Peggy Cooper Davis

Fordham Urban Law Journal

No abstract provided.


"Had To Be Held Down By Big Police": A Therapeutic Jurisprudence Perspective On Interactions Between Police And Persons With Mental Disabilities, Michael L. Perlin, Alison J. Lynch Jan 2016

"Had To Be Held Down By Big Police": A Therapeutic Jurisprudence Perspective On Interactions Between Police And Persons With Mental Disabilities, Michael L. Perlin, Alison J. Lynch

Fordham Urban Law Journal

No abstract provided.


Local Green Initiatives: What Local Governance Can Contribute To Environmental Defenses Against The Onslaughts Of Climate Change, Andrea Mcardle Jan 2016

Local Green Initiatives: What Local Governance Can Contribute To Environmental Defenses Against The Onslaughts Of Climate Change, Andrea Mcardle

Fordham Environmental Law Review

No abstract provided.


Land Shark At The Door? Why And How States Should Regulate Landmen, Ann M. Eisenberg Jan 2016

Land Shark At The Door? Why And How States Should Regulate Landmen, Ann M. Eisenberg

Fordham Environmental Law Review

No abstract provided.


Bureaucratic Administration: Experimentation And Immigration Law, Joseph Landau Jan 2016

Bureaucratic Administration: Experimentation And Immigration Law, Joseph Landau

Faculty Scholarship

In debates about executive branch authority and policy innovation, scholars have focused on two overarching relationships—horizontal tension between the president and Congress and the vertical interplay of federal and state authority. However, these debates have overlooked the role of frontline bureaucratic officials in advancing the laws they administer. This Article looks to immigration law—in which lower-level federal officers exercise discretion delegated down throughout federal agencies—to identify how bottom-up agency influences can inform categorical, across-the-board executive branch policy. In this Article, I argue that decisions by frontline officers can and should be better harnessed to pair local laboratories of executive experimentation …


You Can't Common What You Can't See: Towards A Restorative Polycentrism In The Governance Of Our Cities, Amy Laura Cahn, Paula Z. Segal Jan 2016

You Can't Common What You Can't See: Towards A Restorative Polycentrism In The Governance Of Our Cities, Amy Laura Cahn, Paula Z. Segal

Fordham Urban Law Journal

No abstract provided.


Stops And Stares: Street Stops, Surveillance, And Race In The New Policing, Jeffrey Fagan, Anthony A. Braga, Rod K. Brunson, April Pattavina Jan 2016

Stops And Stares: Street Stops, Surveillance, And Race In The New Policing, Jeffrey Fagan, Anthony A. Braga, Rod K. Brunson, April Pattavina

Fordham Urban Law Journal

No abstract provided.


Insanity Acquittees In The Community: Legal Foundations And Clinical Conundrums, Michael J. Vitacco Jan 2016

Insanity Acquittees In The Community: Legal Foundations And Clinical Conundrums, Michael J. Vitacco

Fordham Urban Law Journal

No abstract provided.


Disciplinary Regulation Of Prosecutors As A Remedy For Abuses Of Prosecutorial Discretion: A Descriptive And Normative Analysis, Bruce A. Green, Samuel J. Levine Jan 2016

Disciplinary Regulation Of Prosecutors As A Remedy For Abuses Of Prosecutorial Discretion: A Descriptive And Normative Analysis, Bruce A. Green, Samuel J. Levine

Faculty Scholarship

No abstract provided.


Reconsidering Criminal Background Checks: Race, Gender, And Redemption, Kimani Paul-Emile Jan 2016

Reconsidering Criminal Background Checks: Race, Gender, And Redemption, Kimani Paul-Emile

Faculty Scholarship

No abstract provided.


The End Of Law: The Isil Case Study For A Comprehensive Theory Of Lawlessness, Frédéric Gilles Sourgens Dec 2015

The End Of Law: The Isil Case Study For A Comprehensive Theory Of Lawlessness, Frédéric Gilles Sourgens

Fordham International Law Journal

This Article has five parts. Part I sets out and adopts the basic premises of the jurisprudential perspective championed by Professor Reisman and sketches his argument that legal solutions can always be fashioned in a meaningful and realistic manner. Part II discusses the development of ISIL in the Middle East. Part III analyzes the lawlessness problem created by ISIL for the affected local communities and explains how loss of control, left unattended, transforms into a loss of authority of prescription by destroying the social fabric needed for legal processes to have meaning. Part IV develops how municipal lawlessness has a …


Criminal Records And Immigration: Comparing The United States And The European Union, Dimitra Blitsa, Lauryn P. Gouldin, James B. Jacobs, Elena Larrauri Dec 2015

Criminal Records And Immigration: Comparing The United States And The European Union, Dimitra Blitsa, Lauryn P. Gouldin, James B. Jacobs, Elena Larrauri

Fordham International Law Journal

Because the revolution in information technology has made individual criminal history records more comprehensive, efficient, and retrievable, an individual’s criminal history has become an ever more crucial marker of character and public identity. The broad range of collateral consequences of criminal convictions has become a very salient issue for criminal justice scholars and reformers. A single criminal conviction can trigger thousands of potentially applicable restrictions, penalties, or other civil disabilities. There is no better example of this phenomenon than immigration law and policy, where developments in data storage and retrieval converge with opposition to immigration, especially to immigrants who bear …


Behind Enemy Phone Lines: Insider Trading, Parallel Enforcement, And Sharing The Fruits Of Wiretaps, Alexandra N. Mogul Dec 2015

Behind Enemy Phone Lines: Insider Trading, Parallel Enforcement, And Sharing The Fruits Of Wiretaps, Alexandra N. Mogul

Fordham Law Review

    Two key trends were present in the successful prosecution of Raj Rajaratnam and his coconspirators in one of the largest insider-trading conspiracies in history: the use of wiretaps to investigate and prosecute insider trading and a joint effort between the Department of Justice (DOJ) and the Securities & Exchange Commission (SEC) to conduct the investigation. Despite the close working relationship between the DOJ and the SEC, the DOJ never disclosed the fruits of the wiretaps to the SEC, presumably due to its belief that Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (as amended, the …


The Effect Of The United Nations Convention Against Torture On The Scope Of Habeas Review In The Context Of International Extradition, Evan King Nov 2015

The Effect Of The United Nations Convention Against Torture On The Scope Of Habeas Review In The Context Of International Extradition, Evan King

Fordham International Law Journal

This Note considers the law underlying the question addressed in Trinidad: can habeas courts review an extraditee’s Article Three claims? In turn, this Note considers how courts should interpret the CAT in the extradition context. Part I explores the important conceptual components of the question posed in Trinidad,including US extradition practice, habeas petitions in extradition proceedings, and the CAT’s implementation in the United States. Building on this, Part II examines competing interpretations of Article Three claims in US courts, highlighting how these claims touch on much deeper issues that remain unsettled by several hundred years of habeas corpus jurisprudence. Finally, …