Digital Commons Network^™

Art. 78 Petition - Fusl000126 (2018-01-17)

Art. 78 Petitions

No abstract provided.

Art. 78 Petition - Fusl000127 (2017-09-19)

Art. 78 Petitions

No abstract provided.

Art. 78 Petition - Fusl000136 (2022-05-24)

Art. 78 Petitions

No abstract provided.

The Community Justice Reentry Network

Reentry Resources

No abstract provided.

May 2022, Maloney Library, Fordham University School Of Law

Maloney Matters

No abstract provided.

Chilling Parental Rights, Meghan M. Boone

Fordham Law Review

Despite this clear lack of consensus as to what constitutes ideal parenting, state actors have increasingly intervened in families when they feel that a particular parenting choice is wrong. These interventions increasingly occur through the use of criminal law and punishment.5 This criminalization extends beyond prosecutions for what would traditionally be considered abuse or neglect to a wide range of parenting choices that do not rise to this level. Although many scholars have critiqued this criminalization of parenting, the focus of these critiques has centered on the harm to the families that are actually criminalized and on how a disproportionate …

Parenting While Black, R. A. Lenhardt

Fordham Law Review

Changes in law and policy—not to mention developments such as the COVID-19 pandemic and its devastating effects on families—raise important questions about how to define parental rights and how to best support parents and children during these challenging times. The Symposium also presented important questions about issues of race, gender, sexuality, and class in our modern context. Even more salient in this space are issues of race. Here, as in other contexts, Black families, like my grandmother’s and so many others, are the “canaries in the mine.” Their experiences provide us with important insight into the signs of danger facing …

Criminal Justice Expertise, Benjamin Levin

Fordham Law Review

For decades, commentators have adopted a story of mass incarceration’s rise as caused by “punitive populism.” Growing prison populations, expanding criminal codes, and raced and classed disparities in enforcement result from “pathological politics”: voters and politicians act in a vicious feedback loop, driving more criminal law and punishment. The criminal system’s problems are political. But how should society solve these political problems? Scholars often identify two kinds of approaches: (1) the technocratic, which seeks to wrest power from irrational and punitive voters, replacing electoral politics with agencies and commissions, and (2) the democratic, which treats criminal policy as insufficiently responsive …

From Empathy Gap To Reparations: An Analysis Of Caregiving, Criminalization, And Family Empowerment, Charisa Smith

Fordham Law Review

America’s legacy of violent settler colonialism and racial capitalism reveals a misunderstood and neglected civil rights concern: the forced separation of families of color and unwarranted state intrusion upon caregiving through criminalization and surveillance. The War on Drugs, the Opioid Crisis, and the COVID-19 pandemic are a few examples demonstrating the precariousness of our nation’s collective empathy well toward caregivers and our tattered social safety net. In fact, these instances illuminate what this Essay coins an “empathy gap” in perception when the general public, policy makers, and the mainstream media view similarly situated families with different identities. Ironically, the COVID-19 …

Decision In Art. 78 Proceeding - Taylor, Lawrence (2022-03-25)

Decisions in Art. 78 Proceedings

No abstract provided.

Art. 78 Petition - Fusl000102 (2019-11-12)

Art. 78 Petitions

No abstract provided.

County Re-Entry Task Force Program (Crtf)

Reentry Resources

No abstract provided.

Racial Allies, Atinuke O. Adediran

Fordham Law Review

Racial allies are white individuals and institutions that actively work to dismantle systems of racial inequality and the consequences of poverty that disproportionately impact communities of color and that are willing to both confer and share power with members of subjugated groups. There is no other sector of the legal profession that professes to be racial allies more than individuals and institutions within the public interest law sector. Yet, these institutions that address structural racism and disproportionately serve communities of color appear not to share power with racial and ethnic minorities. The public interest law sector has been at the …

No Justice, No Pleas: Subverting Mass Incarceration Through Defendant Collective Action, Andrew Manuel Crespo

Fordham Law Review

The American penal system is a system of massive, racially unjust incarceration. It is also, to quote the U.S. Supreme Court, a “system of pleas.” The latter drives the former, as coercive plea bargaining makes it possible for the state to do two things that are otherwise hard to pull off at once: increase convictions and sentence lengths. Mass incarceration is a predictable result. But while plea bargaining is intensely coercive when leveraged against individuals, the system of pleas has a structural weak point. That Achilles’ heel is exposed once we see people facing prosecution not as isolated individuals but …

Progressive Prosecutors Are Not Trying To Dismantle The Master’S House, And The Master Wouldn’T Let Them Anyway, Paul Butler

Fordham Law Review

The first thing to note about Audre Lorde’s famous phrase “the master’s tools will never dismantle the master’s house” is that it cannot literally be true. If tools can dismantle the master’s house, the master’s own tools would be good as anyone’s. The main problem would not be that the tools don’t work, but rather how to get them to the people who most need the master’s house dismantled—the enslaved ones. But the considerable work that the phrase does in social justice movements and critical theory is figurative rather than literal. It is usually intended as a rebuke of liberal …

The First Step Act And Individualized Review: Must Judges Apply The 18 U.S.C.   3553(A) Factors To Section 404 Petitioners?, Kielan Barua

Fordham Law Review

In 2010, the U.S. Congress amended the notorious mandatory minimum sentencing structure for crack cocaine offenses in response to the decades of harm it had caused. As the amendment was not retroactive, Congress passed the First Step Act of 2018 to allow prisoners incarcerated before 2010 to petition their original sentencing court for discretionary relief based on the new penalties. However, what exactly these courts must do when deciding whether to grant relief has divided the circuits. Some circuits require an up-to-date consideration of defendants’ individual mitigating circumstances and whether their sentences are the minimum necessary to satisfy the purposes …

Opening The Safety Valve: A Second Look At Compassionate Release Under The First Step Act, Michael T. Hamilton

Fordham Law Review

Under federal law, judges are generally prohibited from changing a sentence once it has been imposed. Compassionate release, to put it simply, provides a “safety valve” against this general principle, allowing federal judges to reduce a prisoner’s sentence when it is warranted by “extraordinary and compelling reasons.” For the past thirty years, statutory and bureaucratic roadblocks made compassionate release an unlikely avenue for prisoners to receive sentence reductions. With the passage of the First Step Act of 2018, the U.S. Congress made the first significant changes to the compassionate release statute in decades, permitting defendants for the first time to …

Parole Board Report - Fusl000112 (2019-06-27)

Parole Board Reports

No abstract provided.

Parole Interview Transcript/Decision - Fusl000055 (2020-03-10)

Parole Interview Transcripts and Decisions

No abstract provided.

District Attorney Recommendation - Fusl000095 (2019-08-12)

District Attorney Recommendations

No abstract provided.

Parole Board Report - Fusl000095 (2019-08-05)

Parole Board Reports

No abstract provided.

Art. 78 Petition - Fusl000055 (2020-12-03)

Art. 78 Petitions

No abstract provided.

Art. 78 Discovery Motion/Opposition - Fusl000094 (2021-06-23)

Art. 78 Discovery Motions & Oppositions

No abstract provided.

Ip Interrupted: Diverse Voices In Intellectual Property, Fordham Iplj

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Fordham Lawyer, No. 20 - Winter 2022, Fordham Law Alumni Association, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.

Climate Change And Incarcerated Populations: Confronting Environmental And Climate Injustices Behind Bars, Emily C. Gribble, David N. Pellow

Fordham Urban Law Journal

No abstract provided.

Hell And High Water: How Climate Change Can Harm Prison Residents And Jail Residents, And Why Covid-19 Conditions Litigation Suggests Most Federal Courts Will Wait-And-See When Asked To Intervene, Paloma Wu, D. Korbin Felder

Fordham Urban Law Journal

No abstract provided.

The Cliodynamics Of Mass Incarceration, Climate Change, And “Chains On Our Feet”, Nadia B. Ahmad

Fordham Urban Law Journal

No abstract provided.

Intrastate Conflicts And Lessons Learnt From Marijuana Legalization, Ilaria Di Gioia

Fordham Urban Law Journal

No abstract provided.

Physiognomic Artificial Intelligence, Luke Stark, Jevan Hutson

Fordham Intellectual Property, Media and Entertainment Law Journal

The reanimation of the pseudosciences of physiognomy and phrenology at scale through computer vision and machine learning is a matter of urgent concern. This Article—which contributes to critical data studies, consumer protection law, biometric privacy law, and antidiscrimination law—endeavors to conceptualize and problematize physiognomic artificial intelligence (“AI”) and offer policy recommendations for state and federal lawmakers to forestall its proliferation.

Physiognomic AI, as this Article contends, is the practice of using computer software and related systems to infer or create hierarchies of an individual’s body composition, protected class status, perceived character, capabilities, and future social outcomes based on their physical …