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Articles 571 - 600 of 844
Full-Text Articles in Entire DC Network
Attacking The Dog-Bite Epidemic: Why Breed-Specific Legislation Won't Solve The Dangerous-Dog Dilemma, Safia Gray Hussain
Attacking The Dog-Bite Epidemic: Why Breed-Specific Legislation Won't Solve The Dangerous-Dog Dilemma, Safia Gray Hussain
Fordham Law Review
No abstract provided.
Underenforcement, Alexandra Natapoff
Medicinal Marijuana And Palliative Care: Carving A Liberty Interest Out Of The Glucksberg Framework , Adam Hyatt
Medicinal Marijuana And Palliative Care: Carving A Liberty Interest Out Of The Glucksberg Framework , Adam Hyatt
Fordham Urban Law Journal
In Gonzales v. Raich, the Supreme Court vacated the Ninth Circuit’s decision and held that the Controlled Substances Act was not an unconstitutional exercise of the Commerce Clause, yet never reached the substantive due process claim or the medical necessity. This Comment assesses whether there is a right to palliative care and focuses on the substantive due process claim available to the plaintiffs on remand. This Comment argues that, in view of the Court’s precedents, there is a right, subject to limitations, to use last-resort medical marijuana. In addition, the author determines that there is a fundamental right to palliative …
A Lie For A Lie: False Confessions And The Case For Reconsidering The Legality Of Deceptive Interrogation Techniques, Miriam S. Gohara
A Lie For A Lie: False Confessions And The Case For Reconsidering The Legality Of Deceptive Interrogation Techniques, Miriam S. Gohara
Fordham Urban Law Journal
This Article reviews the law on deceptive interrogation practices, discusses empirical evidence of the role police deception plays in eliciting false confessions and argues that the law should circumscribe interrogation techniques that rely on misrepresentation to induce suspects into incriminating themselves. This Article also asserts that there are good policy reasons, in addition to the increasing exposure of wrongful convictions, which should encourage courts and legislators to proscribe the use of deception by law enforcement in a criminal justice system expressly designed to elicit the truth about a crime.
“Special Delivery:” Where Do National Security Letters Fit Into The Fourth Amendment?, Lauren M. Weiner
“Special Delivery:” Where Do National Security Letters Fit Into The Fourth Amendment?, Lauren M. Weiner
Fordham Urban Law Journal
After the terrorist attacks of September 11, 2001, Congress passed the USA PATRIOT Act to aid law enforcement efforts to fight terrorism and broadened the scope of certain investigatory tools. One such tool, National Security Letters (NSLs), gives the government the authority to request certain types of transactional records without requiring judicial pre-approval and without giving the recipient a meaningful method to challenge it. This Comment examines NSLs both in the context of foreign intelligence and domestic criminal investigations and is primarily focused on how to classify NSLs and how to use them in a manner that reduces the potential …
An Internet-Based Mental Disability Law Program: Implications For Social Change In Nations With Developing Economies, Michael L. Perlin
An Internet-Based Mental Disability Law Program: Implications For Social Change In Nations With Developing Economies, Michael L. Perlin
Fordham International Law Journal
This Article first briefly discusses the use of distance learning in a law school environment, and considers the special implications of distance learning for persons with disabilities. It then explains the structure and rationale of these courses, reports on a course section taught in Nicaragua in the Fall-Winter of 2002, and considers plans to replicate the Nicaraguan experience throughout other nations with developing economies in Africa, Asia, Central America, and Central and Eastern Europe. Finally, this Article assesses the potential impact of such a course on developing-economy nations.
City As An Ecological Space: Social Capital And Urban Land Use, The , Sheila R. Foster
City As An Ecological Space: Social Capital And Urban Land Use, The , Sheila R. Foster
Faculty Scholarship
One of the goals of land use (and pollution control) law is to force the internalization of these costs. This otherwise economic view of land use law is also rooted, however, in an ecological understanding of urban land use. Legal scholars writing over three decades ago successfully argued, based upon the ecological facts of life, that "[p]roperty does not exist in isolation" because the effects of its uses flow outside of the boundaries of ownership. The notion that property is inextricably part of a network of social and economic relationships, and that its impacts traverse legally defined boundaries and relationships, …
Court-Ordered Confidentiality In Discovery Symposium: Secrecy In Litigation: I: Article, Howard M. Erichson
Court-Ordered Confidentiality In Discovery Symposium: Secrecy In Litigation: I: Article, Howard M. Erichson
Faculty Scholarship
The debate over discovery confidentiality has raged for over twenty years, since before the Supreme Court's decision in Seattle Times Co. v. Rhinehart, and it shows no sign of fading. If anything, issues of litigation confidentiality appear to have gained increased attention in recent years. The United States District Court for the District of South Carolina attracted nationwide attention in 2002 when it adopted a local rule severely restricting secret settlements and addressing other aspects of court-ordered confidentiality. In 2004 the Federal Judicial Center completed an empirical study of sealed settlements. It seems that each month of 2005 brought new …
John Paul Stevens, Human Rights Judge, Diane Marie Amann
John Paul Stevens, Human Rights Judge, Diane Marie Amann
Fordham Law Review
No abstract provided.
Is Data Mining Ever A Search Under Justice Stevens's Fourth Amendment?, Joseph T. Thai
Is Data Mining Ever A Search Under Justice Stevens's Fourth Amendment?, Joseph T. Thai
Fordham Law Review
No abstract provided.
Competition And Market Failure In The Antitrust Jurisprudence Of Justice Stevens, Alan J. Meese
Competition And Market Failure In The Antitrust Jurisprudence Of Justice Stevens, Alan J. Meese
Fordham Law Review
No abstract provided.
Section 2401(B) Reconfigured: Irwin V. Department Of Veterans Affairs Leads To The Right Result For The Wrong Reasonss, Elana Wexler
Section 2401(B) Reconfigured: Irwin V. Department Of Veterans Affairs Leads To The Right Result For The Wrong Reasonss, Elana Wexler
Fordham Law Review
No abstract provided.
Federal Sentencing Under "Advisory" Guidelines: Observations By District Judges, Lynn S. Adelman, Nancy Gertner, Richard G. Kopf, Gerard E. Lynch, Gregory A. Presnell
Federal Sentencing Under "Advisory" Guidelines: Observations By District Judges, Lynn S. Adelman, Nancy Gertner, Richard G. Kopf, Gerard E. Lynch, Gregory A. Presnell
Fordham Law Review
No abstract provided.
Blogging: A Journal Need Not A Journalist Make, Anne Flanagan
Blogging: A Journal Need Not A Journalist Make, Anne Flanagan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Bodil Lindqvist: A Swedish Churchgoer's Violation Of The European Union's Data Protection Directive Should Be A Warning To U.S. Legislators, Flora J. Garcia
Bodil Lindqvist: A Swedish Churchgoer's Violation Of The European Union's Data Protection Directive Should Be A Warning To U.S. Legislators, Flora J. Garcia
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Bodil Lindqvist: A Swedish Churchgoer's Violation Of The European Union's Data Protection Directive Should Be A Warning To U.S. Legislators, Flora J. Garcia
Bodil Lindqvist: A Swedish Churchgoer's Violation Of The European Union's Data Protection Directive Should Be A Warning To U.S. Legislators, Flora J. Garcia
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Footing The Bill For A Sound Basic Education In New York City: The Implementation Of Campaign For Fiscal Equity V. State, Bonnie A. Scherer
Footing The Bill For A Sound Basic Education In New York City: The Implementation Of Campaign For Fiscal Equity V. State, Bonnie A. Scherer
Fordham Urban Law Journal
On March 16, 2005, in what appeared to be a victory for the children of New York City, the Court of Appeals of New York, applying the Education Article, upheld a lower court decision and recommendation, by a panel of judicially appointed Special Referees, holding that the New York State school funding system failed to provide New York City children with a “sound basic education.” The Court of Appeals mandated that the State Legislature phase in $5.6 billion annually, as well as an additional $9.2 billion in a capital fund to reform the City public schools. The opinion, however, failed …
The Future Of Sodomy , Libby Adler
The Future Of Sodomy , Libby Adler
Fordham Urban Law Journal
This Article celebrates Lawrence v. Texas as a tremendous advance in civil rights while also recognizing future danger signs associated with the opinion. The Article underscores four elements of the opinion which may cause danger to the pro-sex position the author endorses. The Article points to the Court's: (1) standard of review; (2) reliance on consent; (3) emphasis on privacy, and; (4) respect for dignity. Ultimately, the author warns pro-sex litigators and constituencies against complacency and warns that the words that bring them joy in Lawrence may possibly bring them pain in future opinions. The author calls for vigilance, for …
Automobile Leasing And The Vicarious Liability Of Lessors, Daniel J. Koevary
Automobile Leasing And The Vicarious Liability Of Lessors, Daniel J. Koevary
Fordham Urban Law Journal
The Comment begins by discussing the New York Vehicle and Traffic Law Section 388, which makes lessors vicariously liable for their cars even when they are begin leased by others, and how this led many car companies in New York to stop offering leases in the 1920's, the Comment will recommends that Section 388 be amended to exclude lessors from vicarious liability. The Comment then goes through the history of Section 388, explains what leasing is and why it is popular, looks at the recent impact of Section 388 which includes several companies have stopped leasing in New York, looks …
Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World
Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World
Fordham Urban Law Journal
The era following September 11, 2001 will be remembered as the golden age of law enforcement, the age of a bold paradigm shift inspired by the great challenges we face. It is instructive first to reflect on the old paradigm: as law enforcement agencies, we moved like swimmers in different lanes, all going the same direction with the same mission, yet also working by and for ourselves. Each criminal justice agency dealt with its own issues, staying—for the most part—in its own lane. Then, 9/11 changed everything. Indeed, it is our turn to be the greatest generation. Just as World …
Title Vi Or Bust? A Practical Evaluation Of Title Vi Of The 1964 Civil Rights Act As An Environmental Justice Remedy, Scott Michael Edson
Title Vi Or Bust? A Practical Evaluation Of Title Vi Of The 1964 Civil Rights Act As An Environmental Justice Remedy, Scott Michael Edson
Fordham Environmental Law Review
No abstract provided.
Policing The Police: The Role Of The Courts And The Prosecution, Steven Zeidman
Policing The Police: The Role Of The Courts And The Prosecution, Steven Zeidman
Fordham Urban Law Journal
This Article focuses on how, and whether, the component parts of the courts - judges, court administrators, and prosecutors - promote justice by actively and critically monitoring or overseeing the police. The author focuses on one of the most common forms of police corruption facing the criminal justice system - what has been termed "falsifications" which includes testimonial perjury, documentary perjury and falsification of police records. The author reflects on what judges and prosecutors have done to combat this form of police corruption and offers ways in which the actors within the criminal justice system can be more effective.
The Dangers Of Fighting Terrorism With Technocommunitarianism: Constitutional Protections Of Free Expression, Exploration, And Unmonitored Activity In Urban Spaces, Marc Jonathan Blitz
The Dangers Of Fighting Terrorism With Technocommunitarianism: Constitutional Protections Of Free Expression, Exploration, And Unmonitored Activity In Urban Spaces, Marc Jonathan Blitz
Fordham Urban Law Journal
Part I of this article examines how some commentators can plausibly argue that constitutional liberty and privacy protections do not protect the individual liberty and privacy that modern individuals have come to expect in many public spaces, particularly in urban environments. Constitutional liberalism, this section points out, makes this question a difficult one, because it is marked by scrupulous neutrality towards different visions of “the good life.” In other words, the constitutional order does not condemn those who choose a communitarian way of life and favor those who prefer individualism. Rather, it tolerates both of these (and other) preferences about …
Will 9/11 Continue To Take A Toll On America’S Cities?, David Dixon
Will 9/11 Continue To Take A Toll On America’S Cities?, David Dixon
Fordham Urban Law Journal
Terrorism and enhanced security concerns are firmly planted in the American psyche. It is hard for most Americans to accept the need to balance the risks of terrorism against the costs and benefits of responding to these risks. In the absence of quantitative measures for most risk assessments, Americans will need to establish qualitative measures for deciding where and how to respond to terrorism. Architects, planners, and others who deal daily with the qualitative issues of city building can play an important leadership role in this effort, in part because the people who traditionally make risk assessments cannot. This qualitative …
Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I , Rachel Vorspan
Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I , Rachel Vorspan
Faculty Scholarship
This Article examines the role of the English courts during World War I, particularly the judicial response to executive infringements on individual liberty. Focusing on the areas of detention, deportation, conscription, and confiscation of property, the Article revises the conventional depiction of the English judiciary during World War I as passive and peripheral. It argues that in four ways the judges were activist and energetic, both in advancing the government's war effort and in promoting their own policies and powers. First, they were judicial warriors, developing innovative legal strategies to legitimize detention and other governmental restrictions on personal. Second, they …
Rediscovering Vulgar Charity: A Historical Analysis Of America's Tangled Nonprofit Law, Thomas Kelley
Rediscovering Vulgar Charity: A Historical Analysis Of America's Tangled Nonprofit Law, Thomas Kelley
Fordham Law Review
No abstract provided.
Fourth Amendment Codification And Professor Kerr's Misguided Call For Judicial Deference, Daniel J. Solove
Fourth Amendment Codification And Professor Kerr's Misguided Call For Judicial Deference, Daniel J. Solove
Fordham Law Review
No abstract provided.
Suspending Habeas Corpus: Article I, Section 9, Clause 2, Or The United States Constitution And The War On Terror, Tor Ekeland
Suspending Habeas Corpus: Article I, Section 9, Clause 2, Or The United States Constitution And The War On Terror, Tor Ekeland
Fordham Law Review
No abstract provided.
Conference Report: New York City's Criminal Courts Are We Achieving Justice?, Martha Rayner
Conference Report: New York City's Criminal Courts Are We Achieving Justice?, Martha Rayner
Fordham Urban Law Journal
On October 18, 2003, more than one hundred professionals from the five boroughs of New York City came together to identify, evaluate, and begin to solve some of the complex problems embedded in the culture, operations, and practice in New York City's Criminal Courts. The conference planners focused on five problems that have undermined the pursuit of justice in New York City’s Criminal Court system for decades. The first group, Arraignment Norms, Practices and Culture, targeted professionalism and justice at the first and often last court appearance for people arrested and charged with misdemeanor crimes in New York City. The …
Preserving Justice: Defending Toxic Tort Litigation, Anthony Roisman, Martha Judy, Daniel Stein
Preserving Justice: Defending Toxic Tort Litigation, Anthony Roisman, Martha Judy, Daniel Stein
Fordham Environmental Law Review
No abstract provided.