Digital Commons Network^™

Activism Or Domestic Terrorism? How The Terrorism Enhancement Is Used To Punish Acts Of Political Protest, Madeline Johl

Fordham Urban Law Journal

No abstract provided.

The Impossibility Of Local Police Reform, Ava Ayers

Fordham Urban Law Journal

No abstract provided.

Introduction, Peter C. Angelica

Fordham Urban Law Journal

No abstract provided.

Prosecutors As Partisans, Lauren M. Ouziel

Fordham Urban Law Journal

No abstract provided.

Prosecution And Polarization, Steven Arrigg Koh

Fordham Urban Law Journal

No abstract provided.

The (Immediate) Future Of Prosecution, Daniel Richman

Fordham Urban Law Journal

No abstract provided.

Constitutional Mischiefs And Constitutional Remedies: Making Sense Of Limits On The Right To Keep And Bear Arms In The Founding Era, Saul Cornell

Fordham Urban Law Journal

No abstract provided.

Forfeiting Due Process: How Adjudicative Reform Fails Property Owners, Claire Johnson Raba

Fordham Urban Law Journal

No abstract provided.

Elevating Trust In Prosecutors: Enhancing Legitimacy By Increasing Transparency Using A Process-Tracing Approach, Trace C. Vardsveen, Tom R. Tyler

Fordham Urban Law Journal

No abstract provided.

Carceral Deference: Courts And Their Pro-Prison Propensities, Danielle C. Jefferis

Fordham Law Review

Judicial deference to nonjudicial state actors, as a general matter, is ubiquitous, both in the law and as a topic of legal scholarship. But “carceral deference”—judicial deference to prison officials on issues concerning the legality of prison conditions—has received far less attention in legal literature, and the focus has been almost entirely on its jurisprudential legitimacy. This Article contextualizes carceral deference historically, politically, and culturally, and it thus adds a piece that has been missing from the literature. Drawing on primary and secondary historical sources and anchoring the analysis in Bourdieu’s field theory, this Article is an important step to …

Exhuming Nondelegation . . . Intelligibly, Zachary R.S. Zajdel

Fordham Journal of Corporate & Financial Law

Whether by avalanche or a thousand cuts, the intelligible principle test may be awaiting its untimely demise at the behest of a reinvigorated nondelegation movement. Perhaps looking to speed up the decomposition, the Fifth Circuit in Jarkesy v. Securities and Exchange Commission struck down the SEC’s discretion to pursue enforcement actions with its own Administrative Law Judges or in federal court as unconstitutionally delegated legislative power. This Note posits that Jarkesy was rightly decided but rife with uncompelling reasoning. Establishing this requires a detour into the meaning of the Necessary and Proper Clause, the significance of the separation of powers, …

Black Liberty In Emergency, Norrinda Brown

Faculty Scholarship

COVID-19 pandemic orders were weaponized by state and local governments in Black neighborhoods, often through violent acts of the police. This revealed an intersection of three centuries-old patterns— criminalizing Black movement, quarantining racial minorities in public health crises, and segregation. The geographic borders of the most restrictive pandemic order enforcement were nearly identical to the borders of highly segregated, historically Black neighborhoods.

The right to free movement is fundamental and, as a rule, cannot be impeded by the state. But the jurisprudence around state power in public health emergencies, deriving from the 1905 case Jacobson v. Massachusetts, has practically resulted …

A Fiduciary Theory Of Progressive Prosecution, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

Progressive prosecutors differ from their more traditional counterparts primarily in the way in which they make decisions. They tend to bind their discretion by announcing categorical policies rather than making fact-based decisions case by case. This Article catalogs the unusual degree of pushback progressive prosecutors have encountered from the public, legislatures, courts, police, and their own subordinate prosecutors. Drawing on fiduciary theory, it explains this reaction as a response to progressive prosecutors’ abdication of their fiduciary role. As a public fiduciary, prosecutors are entrusted with protecting the public’s abstract interest in justice, and an integral part of this role is …

Reporting Sexual Assault: What Privileges Should Exist In Defamation Suits Stemming From A Police Report?, Katharine Rubery

Fordham Urban Law Journal

No abstract provided.

Understanding Gun Law History After Bruen: Moving Forward By Looking Back, Robert J. Spitzer

Fordham Urban Law Journal

No abstract provided.

Age-Related Gun Regulations And Public Opinion, Rebecca Valek, Cassandra Crifasi, Alex Mccourt

Fordham Urban Law Journal

No abstract provided.

The Case For Domestic Violence Protective Order Firearm Prohibitions Under Bruen, Kelly Roskam, Chiara Cooper, Philip Stallworth, April M. Zeoli

Fordham Urban Law Journal

No abstract provided.

Rent Controls And The Erosion Of Takings-Clause Protections: A Sordid History With Recent Cause For Optimism, Sam Spiegelman

Fordham Urban Law Journal

No abstract provided.

Prosecuting The Crisis, Benjamin Levin

Fordham Urban Law Journal

No abstract provided.

The Poor Reform Prosecutor: So Far From The State Capital, So Close To The Suburbs, John F. Pfaff

Fordham Urban Law Journal

No abstract provided.

Progressive Prosecutorial Accountability, Jennifer E. Laurin

Fordham Urban Law Journal

No abstract provided.

Pittfalls Of Progressive Prosecution, Carissa Byrne Hessick

Fordham Urban Law Journal

No abstract provided.

Tragedy Of The Digital Commons, Chinmayi Sharma

Faculty Scholarship

Google, iPhones, the national power grid, surgical operating rooms, baby monitors, surveillance technology, and wastewater management systems all run on open-source software. Open-source software, or software that is free and publicly available, powers our day-to-day lives. As a resource, it defies economic logic; it is built by developers, many of whom are volunteers, who build projects with the altruistic intention of donating them to the digital commons. Developers use it because it saves time and money and promotes innovation. Its benefits have led to its ubiquity and indispensability. Today, over ninety-seven percent of all software uses open source. Without it, …

Anti-Carceral Human Rights Advocacy, Chi Adanna Mgbako, Nate Johnson, Vivienne Bang Brown, Megan Cheah, Kimya Zahedi

Faculty Scholarship

The theory of carceral abolition entered the mainstream during the 2020 global protests for Black lives. Abolition calls for divestment from carceral institutions like police and prisons in favor of the expansion of social and economic programs that ensure public safety and nurture community well-being. Although there is little scholarship explicitly linking abolition to international human rights, there are scholars and advocates who implicitly echo abolitionist theories by critiquing the international human rights regime's overreliance on criminal law. These critics argue that relying on carceral institutions to address impunity for human rights abuses and promote gender justice does little to …

Punishment Without The State, I. Bennett Capers

Faculty Scholarship

People are speaking up on social media and in other virtual spaces, sometimes to spur the criminal process, sometimes in response to the criminal system’s perceived failures, and even sometimes completely indifferent to the criminal system. People are expressing moral condemnation. They are shaming, shunning, banishing, and canceling. What are the implications of punishment through virtual spaces, in lieu of the usual—and now seemingly antiquated—space of physical courtrooms? More broadly, when all the world can become a virtual courtroom, a “place” for judgment, what are the implications for how we think about crime itself? And perhaps most importantly, if social …

Sherman V. Department Of Public Safety: Institutional Responsibility For Sexual Assault, John C.P. Goldberg, Benjamin C. Zipursky

Faculty Scholarship

This article addresses the intersection of three important topics: sexual assault, police misconduct, and employer liability for employee torts. As to the last of these, while there have long been debates among jurists in the U.S. concerning the proper scope of respondeat superior liability, courts have mostly adhered to an approach that focuses on whether the employee acted for the purpose of serving the employer’s interests. The narrowness of this purpose-based test, as compared to available alternatives, makes it imperative for lawyers, judges, and scholars to be attentive to other, less well-known, bases for employer liability. In Sherman v Department …

Closing The Door On Permanent Incorrigibility: Juvenile Life Without Parole After Jones V. Mississippi, Juliet Liu

Fordham Law Review

In April 2021, the U.S. Supreme Court decided Jones v. Mississippi, its latest opinion in a line of cases addressing when, if ever, a child should be sentenced to life in prison with no hope of parole or release. Although Jones purported to resolve division among lower courts over the findings that a sentencing court must make about a child defendant’s character and prospects for reform and rehabilitation, the decision will likely lead to further disagreement among courts.

This Note argues that although the Supreme Court’s jurisprudence has protected children from harsh sentences, it has also opened a Pandora’s …

United States Constitutional Limits On The Executive In Determining Refugee Policy: Applying United States Constitutional Rights Extraterritorially, Jacqueline Hayes

Fordham International Law Journal

No abstract provided.

Parole Interview Transcript/Decision - Fusl000131 (2020-09-08)

Parole Interview Transcripts and Decisions

No abstract provided.

Art. 78 Petition - Fusl000149 (2021-10-08)

Art. 78 Petitions

No abstract provided.