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Compulsory Voting And Black Citizenship, Ekow N. Yankah Nov 2021

Compulsory Voting And Black Citizenship, Ekow N. Yankah

Fordham Law Review

Protesting Black votes is part of our history of rejecting Black Americans as legitimate wielders of political power and contesting the fullness of Black citizenship. Obviously, hostility toward viewing Black Americans as deserving of the rights owed to other Americans is present in nearly every aspect of American life. But, among the oldest and most contentious hostilities—from the Civil War to Reconstruction to the Civil Rights Movement to contemporary voter suppression efforts—has been the resistance against Black votes. Any opportunity to quell this locus of racial animus calls for urgent address. Particularly, at this moment, when long-standing prophylactic measures such …


An Uncertain Participant: Victim Input And The Black Box Of Discretionary Parole Release, Noah Epstein Nov 2021

An Uncertain Participant: Victim Input And The Black Box Of Discretionary Parole Release, Noah Epstein

Fordham Law Review

Little is understood about the parole release process, as state parole boards predominately operate with incredible discretion and keep their deliberations and rationales hidden from public view. Even less is understood about the intersection of the inscrutable parole release decision-making process and victim rights. As the victim rights movement mobilized in the 1970s, victims, instead of remaining passive witnesses, came to wield significant influence over the release decision process. Today, victim participation in parole proceedings is increasing as most parole boards proclaim how important victims’ voices are and, in turn, actively incorporate victim input into their release calculus. Yet, it …


Lgbtqia+ Public Accomodation Cases: The Battle Between Religious Freedom And Civil Rights, Jamie Reinah Oct 2021

Lgbtqia+ Public Accomodation Cases: The Battle Between Religious Freedom And Civil Rights, Jamie Reinah

Fordham Law Review

Protections for LGBTQIA+ Americans have greatly expanded since the U.S. Supreme Court recognized marriage equality in Obergefell v. Hodges, but the debate about whether business owners can refuse to serve LGBTQIA+ couples on religious grounds has grown more bitterly divided. The free exercise of religion is a fundamental constitutional right, and it is strongly protected at both the federal and state levels. At the same time, LGBTQIA+ couples are protected from receiving unequal treatment in public places under state antidiscrimination laws. The clash between religion and LGBTQIA+ rights has culminated in a line of cases that present difficult questions …


Disarming Abusers And Triggering The Sixth Amendment: Are Domestic Violence Misdemeanants Guaranteed The Right To A Jury Trial?, Julia Hatheway Oct 2021

Disarming Abusers And Triggering The Sixth Amendment: Are Domestic Violence Misdemeanants Guaranteed The Right To A Jury Trial?, Julia Hatheway

Fordham Law Review

Domestic violence is a global issue, but in the United States it is especially lethal. Hundreds of women are shot and killed in the United States by intimate partners every year. Federal and state legislatures have enacted laws that focus on the issue of domestic violence and gun violence. In 1996, Congress passed the Lautenberg Amendment to the Gun Control Act of 1968, which permanently prohibits individuals convicted of domestic violence misdemeanors from possessing firearms. Twenty-nine states and the District of Columbia have also enacted laws that mirror the Lautenberg Amendment. In many jurisdictions, misdemeanor domestic violence convictions carry a …


Collaterally Attacking The Prison Litigation Reform Act's Application To Meritorious Prisoner Civil Litigation, Melissa Benerofe Oct 2021

Collaterally Attacking The Prison Litigation Reform Act's Application To Meritorious Prisoner Civil Litigation, Melissa Benerofe

Fordham Law Review

Earlier this year, the Prison Litigation Reform Act (PLRA) reached its twenty-fifth birthday, reinvigorating discussion on its effects on people in prison and the U.S. criminal justice system more broadly. This Note examines how the PLRA deters and obstructs prisoners’ ability to file meritorious civil rights lawsuits regarding the conditions of their confinement. The PLRA does so primarily through four of its provisions, which this Note refers to as the “access provisions.” The access provisions include: (1) the exhaustion of administrative remedies; (2) the filing fee provision; (3) the three-strikes rule; and (4) limitations on attorney’s fees. This Note argues …


Corporate Law's Forgotten Constituents: Reimagining Corporate Lawyering In Routine Business Contexts, Melissa E. Romanovich Oct 2021

Corporate Law's Forgotten Constituents: Reimagining Corporate Lawyering In Routine Business Contexts, Melissa E. Romanovich

Fordham Law Review

Although they are artificial entities, corporations are operated, managed, and represented by people. Sometimes, these people have personal interests at stake—interests that are separate and distinct from the corporation’s interests and that arise from these people acting in their corporate roles. These personal interests and related potential liabilities range from employment concerns and civil liability to criminal prosecution and imprisonment. Until now, however, the law has determined that, in most situations, a corporation’s lawyer neither represents the corporation’s constituents nor their personal interests. The corporate lawyer, therefore, has the challenging role of discharging the proper ethical and legal obligations to …


Decision In Art. 78 Proceeding - Valverde, John (2007-06-08) Sep 2021

Decision In Art. 78 Proceeding - Valverde, John (2007-06-08)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Phillips, William R. (2005-03-08) Sep 2021

Decision In Art. 78 Proceeding - Phillips, William R. (2005-03-08)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Gladden, Benjamin (2007-10-30) Sep 2021

Decision In Art. 78 Proceeding - Gladden, Benjamin (2007-10-30)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Dillon, Paul (2014-12-19) Sep 2021

Decision In Art. 78 Proceeding - Dillon, Paul (2014-12-19)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Delano, Thomas (2007-03-30) Sep 2021

Decision In Art. 78 Proceeding - Delano, Thomas (2007-03-30)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Davidson, Ronald (2007-10-05) Sep 2021

Decision In Art. 78 Proceeding - Davidson, Ronald (2007-10-05)

Decisions in Art. 78 Proceedings

No abstract provided.


Parole Interview Transcript/Decision - Fusl000090 (2004-10-19) Sep 2021

Parole Interview Transcript/Decision - Fusl000090 (2004-10-19)

Parole Interview Transcripts and Decisions

No abstract provided.


Parole Interview Transcript/Decision - Fusl000062 (2015-05-20) Sep 2021

Parole Interview Transcript/Decision - Fusl000062 (2015-05-20)

Parole Interview Transcripts and Decisions

No abstract provided.


Parole Interview Transcript/Decision - Fusl000039 (2017-04-11) Sep 2021

Parole Interview Transcript/Decision - Fusl000039 (2017-04-11)

Parole Interview Transcripts and Decisions

No abstract provided.


Parole Interview Transcript/Decision - Fusl000010 (2006-01-16) Sep 2021

Parole Interview Transcript/Decision - Fusl000010 (2006-01-16)

Parole Interview Transcripts and Decisions

No abstract provided.


Parole Interview Transcript/Decision - Fusl000010 (2004-01-14) Sep 2021

Parole Interview Transcript/Decision - Fusl000010 (2004-01-14)

Parole Interview Transcripts and Decisions

No abstract provided.


Administrative Appeal Brief - Fusl000055 (2020-07-27) Aug 2021

Administrative Appeal Brief - Fusl000055 (2020-07-27)

Parole Administrative Appeal Briefs

No abstract provided.


July 2021- June 2022 Fordham Law School Faculty Bibliography, Fordham Law School Library Jul 2021

July 2021- June 2022 Fordham Law School Faculty Bibliography, Fordham Law School Library

Faculty Bibliography

No abstract provided.


Systemic Inequality | Recasting The Exclusionary Rule’S Net, Zach Huffman May 2021

Systemic Inequality | Recasting The Exclusionary Rule’S Net, Zach Huffman

Fordham Law Review Online

No abstract provided.


Systemic Inequality | Ballot Access Behind Bars, Robin Fisher May 2021

Systemic Inequality | Ballot Access Behind Bars, Robin Fisher

Fordham Law Review Online

No abstract provided.


An Introduction To The Fordham Law Review Online Spring Issue, Systemic Inequality In The American Experience, Leili Saber, Kevin Sette May 2021

An Introduction To The Fordham Law Review Online Spring Issue, Systemic Inequality In The American Experience, Leili Saber, Kevin Sette

Fordham Law Review Online

No abstract provided.


If Only I Had Known: The Challenges Of Representation, Jenny E. Carroll May 2021

If Only I Had Known: The Challenges Of Representation, Jenny E. Carroll

Fordham Law Review

No abstract provided.


Transgender Inmates’ Right To Gender Confirmation Surgery, Marissa Luchs May 2021

Transgender Inmates’ Right To Gender Confirmation Surgery, Marissa Luchs

Fordham Law Review

The Eighth Amendment prohibits cruel and unusual punishment. It ensures that the state’s power to punish is exercised within the bounds of evolving standards of human decency. At the time of its enactment in 1791, the Eighth Amendment merely protected against torture and other physically barbarous treatments. However, as society’s standards of decency changed, so too did the scope of the Eighth Amendment. Today, among other protections, the Eighth Amendment mandates that prisons provide inmates with adequate conditions of confinement. This includes an obligation on the part of the prison to provide adequate medical care. But a great deal of …


Analysis And Investigation Of Solitary Confinement Reforms, Alison E. Gordon Apr 2021

Analysis And Investigation Of Solitary Confinement Reforms, Alison E. Gordon

SJD Dissertations

No abstract provided.


Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell Apr 2021

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken during this …


Williams V. Texas, Bruce A. Green, Ellyde R. Thompson Mar 2021

Williams V. Texas, Bruce A. Green, Ellyde R. Thompson

Amicus Briefs

No abstract provided.


Cities On Their Own: Local Revenue When Federalism Fails, Erin Scharff Jan 2021

Cities On Their Own: Local Revenue When Federalism Fails, Erin Scharff

Fordham Urban Law Journal

No abstract provided.


Paradox In Practice: A Reckoning Of The Common Law’S Antiquated, Prejudiced Felony Murder Rule, Julia Tedesco Jan 2021

Paradox In Practice: A Reckoning Of The Common Law’S Antiquated, Prejudiced Felony Murder Rule, Julia Tedesco

Fordham International Law Journal

No abstract provided.


Apple, The Government, And You: Security And Privacy Implications Of The Global Encryption Debate, Rafita Ahlam Jan 2021

Apple, The Government, And You: Security And Privacy Implications Of The Global Encryption Debate, Rafita Ahlam

Fordham International Law Journal

No abstract provided.