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Articles 511 - 540 of 844
Full-Text Articles in Entire DC Network
When Mixed Use Development Moves In Next Door: Finding A Home For Public Discourse And Input, Dorothy D. Nachman
When Mixed Use Development Moves In Next Door: Finding A Home For Public Discourse And Input, Dorothy D. Nachman
Fordham Environmental Law Review
No abstract provided.
The Fracturing Of Place: The Regulation Of Marcellus Shale Development And The Subordination Of Local Experience, Nancy D. Perkins
The Fracturing Of Place: The Regulation Of Marcellus Shale Development And The Subordination Of Local Experience, Nancy D. Perkins
Fordham Environmental Law Review
No abstract provided.
New York’S Fight Over Blight: The Role Of Economic Underutilization In Kaur, Kaitlyn L. Piper
New York’S Fight Over Blight: The Role Of Economic Underutilization In Kaur, Kaitlyn L. Piper
Fordham Urban Law Journal
This note discusses the issues raised by the policy of seizing land through eminent domain by saying that a certain property is "blighted". The author of the note feels that blight should be limited and not merely a way of saying that economic interests of the city are better served by seizing the property through eminent domain. Part I of this Note describes the background of eminent domain and, in particular, the elimination of blight as a qualifying public use. It summarizes the history of the “public use” requirement in the federal and state context and how economic underutilization fits …
Criteria Developed By The European Court Of Human Rights On The Dissolution Of Political Parties, Olgun Akbulut
Criteria Developed By The European Court Of Human Rights On The Dissolution Of Political Parties, Olgun Akbulut
Fordham International Law Journal
While there seems to be a consensus that political parties remain the sine qua non of western democracies, the question of under which conditions political parties could be dissolved has also been gaining significance in European human rights law since the 1990s. An overall assessment of the cases decided by the European Court of Human Rights ("ECtHR") and domestic courts of the member of the Council of Europe suggests there are three categories of political parties faced with the prospect of dissolution. Part I of this Article describes the first category, the political parties that have criticized state policies on …
The Myths And Realities Of Correctional Severity: Evidence From The National Corrections Reporting Program On Sentencing Practices, John F. Pfaff
The Myths And Realities Of Correctional Severity: Evidence From The National Corrections Reporting Program On Sentencing Practices, John F. Pfaff
Faculty Scholarship
No abstract provided.
Boumediene, Munaf, And The Supreme Court's Misreading Of The Insular Cases , Andrew Kent
Boumediene, Munaf, And The Supreme Court's Misreading Of The Insular Cases , Andrew Kent
Faculty Scholarship
In 2008, the Supreme Court embraced both global constitutionalism - the view that the Constitution provides judicially enforceable rights to non-citizens outside the sovereign territory of the United States - and what I call human-rights universalism - the view that the Constitution protects military enemies during armed conflict. Boumediene v. Bush found a constitutional right to habeas corpus for non-citizens detained as enemy combatants at the Guantanamo Bay naval base in Cuba, while Munaf v. Geren - decided the same day as Boumediene and involving U.S. citizens detained in Iraq during the war there - hinted that the Due Process …
Localities As Equality Innovators, Robin A. Lenhardt
Localities As Equality Innovators, Robin A. Lenhardt
Faculty Scholarship
This Article thus argues that instead of regarding cities and localities that, like Seattle and Louisville, try to develop serious solutions to existing racial disparities as "bad cities" no different from those whose notorious policies spurred the civil rights movement of the 1950s and 1960s, we should be regarding them as potential "equality innovators.” Their on-the-ground experience with the realities of race and its operation in the twenty-first century arguably places them in a better position than courts to develop innovative approaches to the structural racial inequities with which so many municipalities must grapple. Existing doctrine limits dramatically the ability …
Wind Farms And Nimbys: Generating Conflict, Reducing Litigation, Susan Lorde Martin
Wind Farms And Nimbys: Generating Conflict, Reducing Litigation, Susan Lorde Martin
Fordham Environmental Law Review
No abstract provided.
Critical Habitat Designations After New Mexico Cattle Growers: An Analysis Of Agency Discretion To Exclude Critical Habitat, Jared B. Fish
Critical Habitat Designations After New Mexico Cattle Growers: An Analysis Of Agency Discretion To Exclude Critical Habitat, Jared B. Fish
Fordham Environmental Law Review
No abstract provided.
Databases, Doctrine, And Constitutional Criminal Procedure, Erin Murphy
Databases, Doctrine, And Constitutional Criminal Procedure, Erin Murphy
Fordham Urban Law Journal
Over the past twenty years there has been an explosion in the creation, availability, and use of criminal justice databases. Large scale database systems now routinely influence law enforcement decisions ranging from formal determinations to arrest or convict an individual to informal judgments to subject a person to secondary pre-flight screening or investigate possible gang membership. Evidence gathered from database-related sources is now commonly introduced, and can play a pivotal proof role, in criminal trials. Although much has been written about the failure of constitutional law to adequately respond to the threat to privacy rights posed by databases, less attention …
Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller
Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller
Fordham Urban Law Journal
No abstract provided.
The Nas Report: In Pursuit Of Justice, Geoffrey S. Mearns
The Nas Report: In Pursuit Of Justice, Geoffrey S. Mearns
Fordham Urban Law Journal
This article discusses the NSA report entitled “Strengthening Forensic Science in the United States: A Path Forward.” It argues that law enforcement officials should embrace the recommendations in the NAS report. The Committee identified many of the systemic problems that plague forensic science, and the report identified thirteen specific recommendations to address these systemic problems.
Baseless Pleas: A Mockery Of Justice, Mari Byrne
Baseless Pleas: A Mockery Of Justice, Mari Byrne
Fordham Law Review
This Note addresses the ethicality of the baseless plea, a guilty plea entered by a defendant for a crime that everyone in the courtroom—judge, prosecutor, defense attorney, and defendant—knows the defendant did not commit. Used in the interest of efficiency and leniency, the baseless plea allows a defendant to plead guilty to a crime that has no basis in the facts of the case. Though used by courts in numerous jurisdictions, baseless pleas have been largely unaddressed as courts have sought to conceal the practice and as commentators have therefore failed to detect it. This Note seeks to remedy that …
Property In Crisis, Nestor M. Davidson, Rashmi Dyal-Chand
Property In Crisis, Nestor M. Davidson, Rashmi Dyal-Chand
Fordham Law Review
Property law generally develops gradually, with doctrine slowly accreting in the interstices of daily conflict and the larger culture of property likewise emerging at a glacial pace. In times of crisis, however, fundamental questions about the nature of ownership and the balance between the individual and the state instantiated in the structure of property rise rapidly to the surface. Our current economic crisis—the deepest since the Great Depression—is no exception. This economic crisis, more than many in our history, began with property, sparked in no small measure by structural flaws in the residential market and an ownership society that advocated …
Matters Of Public Safety And The Current Quarrel Over The Scope Of The Quarles Exception To Miranda, Rorie A. Norton
Matters Of Public Safety And The Current Quarrel Over The Scope Of The Quarles Exception To Miranda, Rorie A. Norton
Fordham Law Review
In October 1984, the Burger Court set forth an exception to the Miranda doctrine in New York v. Quarles permitting officers to intentionally abstain from administering Miranda warnings to suspects where a threat to the safety of the public or officers exists. However, latent ambiguity arising from the Quarles decision authored by Justice William Rehnquist has resulted in a split among the federal courts of appeals as to what constitutes a “public safety threat.” Some courts broadly extend the Quarles exception to inherently dangerous situations, including the threat of an officer mishandling an undiscovered weapon. Other courts narrowly apply Quarles …
Administering The Second Amendment: Law, Politics, And Taxonomy , Nicholas J. Johnson
Administering The Second Amendment: Law, Politics, And Taxonomy , Nicholas J. Johnson
Faculty Scholarship
This article anticipates the post-McDonald landscape by assessing the right to arms in the context of several state regulations and the arguments that might be employed as challenges to them unfold. So far, the core test for determining the scope of the individual right to arms is the common use standard articulated in District of Columbia v. Heller. Measured against that, standard firearm regulations fit into three categories. The first category contains laws that are easily administered under the common use standard. The second category – and the primary focus of this article – consists of laws that can be …
Free Movement Of Goods And Their Use -- What Is The Use Of It?, Laurence W. Gormley
Free Movement Of Goods And Their Use -- What Is The Use Of It?, Laurence W. Gormley
Fordham International Law Journal
Shortly before the disappearance of the European Community, the European Court of Justice ("ECJ") handed down three judgments on the free movement of goods relating to the use to which goods are put. They are remarkable because they put an end to a serious controversy about the scope of what is now article 34 of the Treaty on the Functioning of the European Union ("TFEU") (article 28 of the Treaty Establishing the European Community ("EC Treaty")), which saw a considerable divergence in approach between the Advocates General concerned in these cases. The judgments also surely herald an end to attempts …
Abandon All Hope Ye That Enter? Equal Protection, Title Vi, And The Divine Comedy Of Environmental Justice, Carlton Waterhouse
Abandon All Hope Ye That Enter? Equal Protection, Title Vi, And The Divine Comedy Of Environmental Justice, Carlton Waterhouse
Fordham Environmental Law Review
No abstract provided.
Berkemer Revisited: Uncovering The Middle Ground Between Miranda And The New Terry, Michael J. Roth
Berkemer Revisited: Uncovering The Middle Ground Between Miranda And The New Terry, Michael J. Roth
Fordham Law Review
Over the past twenty-five years, appellate courts have significantly expanded the scope of police authority to stop and frisk potential suspects without probable cause, a power originally granted to law enforcement by the Supreme Court in Terry v. Ohio. This development has led Terry’s once limited licensing of police searches to run into conflict with a defendant’s right against compulsory self-incrimination while in police custody, as articulated by Miranda v. Arizona. This Note explores the contours of this unforeseen collision between two core constitutional doctrines and the solutions generated by appellate courts to resolve the conflict. Courts today are generally …
It's Been A Privilege: Advising Patients Of The Tarasoff Duty And Its Legal Consequences For The Federal Psychotherapist-Patient Privilege, Elisia Klinka
Fordham Law Review
State laws modeled on Tarasoff v. Regents of the University of California require psychotherapists to warn potential victims of law enforcement when treating dangerous patients who make serious threats of harm to another person. In practice, many psychotherapists advise their patients who make such threats about their duty under these Tarasoff-model laws. Although they are not required to make these advisories by law, psychotherapists generaly assume that they asldo have a concomitant ethical duty to advise their patients taht such threats will not be kept confidential, as their communications normally world be. This Note looks at how these advisories affect …
Answering Justice Scalia's Question: Dual Sovereignty And The Sixth Amendment Right To Counsel After Texas V. Cobb And Montejo V. Louisiana, Ryan M. Yanovich
Answering Justice Scalia's Question: Dual Sovereignty And The Sixth Amendment Right To Counsel After Texas V. Cobb And Montejo V. Louisiana, Ryan M. Yanovich
Fordham Law Review
Since the U.S. Supreme Court decided Texas v. Cobb in 2001, eight courts of appeals have rached divergent conclusions as to the scope and extent of a criminal defendant's Sixth Amendment right to counsel when he is being prosecuted by multiple sovereigns, including, most recently, the U.S. Court of appeals for the Eleventh Circuit in 2008. Invariably, each circuit court purports to draw conclusive support for its holding from the plain language of Cobb. The conflict among the circuits reveals a tension between the courts; desire to balance fundamental individual and legitimate state interests, achieve uniformity and consistency in the …
Rethinking Criminal Law And Family Status , Dan Markel, Ethan J. Leib, Jennifer M. Collins
Rethinking Criminal Law And Family Status , Dan Markel, Ethan J. Leib, Jennifer M. Collins
Faculty Scholarship
In our recent book, Privilege or Punish: Criminal Justice and the Challenge of Family Ties (OUP 2009), we examined and critiqued a number of ways in which the criminal justice system uses family status to distribute benefits or burdens to defendants. In their review essays, Professors Alafair Burke, Alice Ristroph & Melissa Murray identify a series of concerns with the framework we offer policymakers to analyze these family ties benefits or burdens. We think it worthwhile not only to clarify where those challenges rest on misunderstandings or confusions about the central features of our views, but also to show the …
Leveraging Maximum Reform While Enforcing Minimum Standards, Alphonse Gerhardstein
Leveraging Maximum Reform While Enforcing Minimum Standards, Alphonse Gerhardstein
Fordham Urban Law Journal
This Article focuses on criminal justice reform in the context of litigation. Specifically, it offers solutions for how to promote effective policies to reduce recidivism and ultimately keep the public safe from crime. It takes the position that litigation that merely focuses on constitutional violations of prison confinement is not complete without a focus on programming and supervision options upon return to society. Part I of the Article reviews some of the problems facing efforts to improve recidivism rates, specifically litigation that solely focuses on prison conditions. Part II deals with programs that should be undertaken to reduce recidivism in …
The Path Of Mentally Ill Offenders, William J. Rich
The Path Of Mentally Ill Offenders, William J. Rich
Fordham Urban Law Journal
Beginning with the premise that both the number and percentage of mentally ill inmates as sharply risen in recent years, this Article explores the path of mentally ill offenders in the American criminal justice system. It seeks to identify points of relief from the current crisis, in which a recent report stated that over 40% of state prisoners reported symptoms that met the criteria for mania. The challenge is exacerbated by the fact that prisons now provide a large share of the mental health treatment in the United States, taxing the resources of even the most progressive correctional systems. Part …
Our Bandit Future? Cities, Shantytowns, And Climate Change Governance, Colin Crawford
Our Bandit Future? Cities, Shantytowns, And Climate Change Governance, Colin Crawford
Fordham Urban Law Journal
This Article seeks to begin to define a role for cities and their inhabitants in climate change governance. Part I argues that if there is a failure to take into account global urbanization and its defining characteristics, namely extreme squalor and associated social ills, as a central feature of climate change policy, we face a future where cities will experience sustained and perhaps intractable urban violence and social disintegration, a development that can only hasten the separate but related harms caused by climate change on the world’s human and biological populations. Part II explores some of the consequences of the …
A "New Beginning" For Adolescents In Our Criminal Justice System, Judith S. Kaye
A "New Beginning" For Adolescents In Our Criminal Justice System, Judith S. Kaye
Fordham Urban Law Journal
As I step away from the bench, I am feeling more than ever what Dr. Martin Luther King called “the fierce urgency of now.” Now is the time for all of us who care about justice in this country to roll up our sleeves and get to work. We may be in a moment of crisis, but as the saying goes, a crisis is a terrible thing to waste. We urgently need to change our focus from jails and prisons to treatment, education, job training. So where is the “new beginning”? The “new beginning” is not a search for new …
Reconciling Classified Evidence And A Petitioner's Right To A "Meaningful Review" At Guantanamo Bay: A Legislative Solution, Sarah Lorr
Fordham Law Review
In Boumediene v. Bush, the U.S. Supreme Court determined that the detainees held at Guantánamo Bay have a constitutional right to a writ of habeas corpus and are entitled to a “meaningful review” of their habeas petitions. This Note attempts to reconcile the need for a “meaningful review” with the government’s reliance on classified evidence that is completely inaccessible to the detainee-petitioners. After examining three other contexts in which the reliance on classified evidence has been sanctioned—federal criminal courts, immigration cases, and the ongoing military commissions at Guantánamo—this Note concludes that a “meaningful review” of the Guantánamo habeas petitions requires …
This Right Is Not Allowed By Governments That Are Afraid Of The People: The Public Meaning Of The Second Amendment When The Fourteenth Amendment Was Ratified , Clayton E. Cramer, Nicholas J. Johnson, George A. Moscary
This Right Is Not Allowed By Governments That Are Afraid Of The People: The Public Meaning Of The Second Amendment When The Fourteenth Amendment Was Ratified , Clayton E. Cramer, Nicholas J. Johnson, George A. Moscary
Faculty Scholarship
The lingering question following the U.S. Supreme Court's decision in District of Columbia v. Heller is whether the Court will employ the Fourteenth Amendment to incorporate the newly confirmed right to keep and bear arms as a limitation on states. The answer will hinge substantially on the Court's assessment of the intent and purpose of the Fourteenth Amendment with regard to the right to keep and bear arms. Discerning such intent requires detailed evaluation of the context within which the amendment emerged and the understanding of the right to keep and bear arms at the time. This Essay pursues in …
From Baghdad To Bagram: The Length & Strength Of The Suspension Clause After Boumediene, Justin D. D'Aloia
From Baghdad To Bagram: The Length & Strength Of The Suspension Clause After Boumediene, Justin D. D'Aloia
Fordham International Law Journal
This is a predictive Note that will examine the doctrine relating to war-time detention and endeavor to decipher who currently maintains a right to challenge executive detention in the wake of Boumediene. This Note therefore does not centrally discuss the authority of the United States to detain wartime prisoners, what procedure is due to detainees, the wisdom of the Boumediene approach to constitutional domain, or any other related issues. Instead, this Note will attempt to define the outer contours of the Suspension Clause by looking through the Boumediene prism to determine who may presently invoke the protections of the Suspension …
Constitution And The Laws Of War During The Civil War, The Federal Courts, Practice & Procedure, Andrew Kent
Constitution And The Laws Of War During The Civil War, The Federal Courts, Practice & Procedure, Andrew Kent
Faculty Scholarship
This Article uncovers the forgotten complex of relationships between the U.S. Constitution, citizenship and the laws of war. The Supreme Court today believes that both noncitizens and citizens who are military enemies in a congressionally-authorized war are entitled to judicially-enforceable rights under the Constitution. The older view was that the U.S. government’s military actions against noncitizen enemies were not limited by the Constitution, but only by the international laws of war. On the other hand, in the antebellum period, the prevailing view was U.S. citizenship should carry with it protection from ever being treated as a military enemy under the …