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Articles 241 - 270 of 1757
Full-Text Articles in Entire DC Network
Abolition As The Solution: Redress For Victims Of Excessive Police Force, Alexis Hoag
Abolition As The Solution: Redress For Victims Of Excessive Police Force, Alexis Hoag
Fordham Urban Law Journal
No abstract provided.
Who Should Police Politicization Of The Doj?, Bruce A. Green, Rebecca Roiphe
Who Should Police Politicization Of The Doj?, Bruce A. Green, Rebecca Roiphe
Faculty Scholarship
No abstract provided.
The Racial Reckoning Of Public Interest Law, Atinuke O. Adediran, Shaun Ossei-Owusu
The Racial Reckoning Of Public Interest Law, Atinuke O. Adediran, Shaun Ossei-Owusu
Faculty Scholarship
No abstract provided.
Effective School-Integration Mobilization: The Case For Non-Litigation Advocacy And Impact, David Tipson, Rene Kathawala, Nyah Berg, Lauren Webb
Effective School-Integration Mobilization: The Case For Non-Litigation Advocacy And Impact, David Tipson, Rene Kathawala, Nyah Berg, Lauren Webb
Fordham Urban Law Journal
No abstract provided.
That Is Enough Punishment: Situating Defunding The Police Within Antiracist Sentencing Reform, Jalila Jefferson-Bullock, Jelani Jefferson Exum
That Is Enough Punishment: Situating Defunding The Police Within Antiracist Sentencing Reform, Jalila Jefferson-Bullock, Jelani Jefferson Exum
Fordham Urban Law Journal
No abstract provided.
Black Redemption, Daniel S. Harawa
Social Workers To The Rescue?: An Urgent Call For Emergency Response Reform, Celia Goble
Social Workers To The Rescue?: An Urgent Call For Emergency Response Reform, Celia Goble
Fordham Urban Law Journal
No abstract provided.
Supporting Small Businesses In Place, Edward W. De Barbieri
Supporting Small Businesses In Place, Edward W. De Barbieri
Fordham Urban Law Journal
No abstract provided.
Occupational Licensing As A Barrier For People With Criminal Records: Proposals To Improve Anti-Discrimination Law To Address Adverse Employment Impacts From The Criminal Legal System, Georgia Decker
Fordham Urban Law Journal
No abstract provided.
Venturing East: The Involvement Of The International Criminal Court In Post-Soviet Countries And Its Impact On Domestic Processes, Dr. Iryna Marchuk, Aloka Wanigasuriya
Venturing East: The Involvement Of The International Criminal Court In Post-Soviet Countries And Its Impact On Domestic Processes, Dr. Iryna Marchuk, Aloka Wanigasuriya
Fordham International Law Journal
No abstract provided.
Anti-Carceral Futures: A Comparative Perspective Of Restorative And Transformative Justice Practices In The United States And New Zealand, Hannah Goodman
Anti-Carceral Futures: A Comparative Perspective Of Restorative And Transformative Justice Practices In The United States And New Zealand, Hannah Goodman
Fordham International Law Journal
No abstract provided.
Skimmed Milk: Reflections On Race, Health, And What Families Tell Us About Structural Racism, Robin A. Lenhardt, Kimani Paul-Emile
Skimmed Milk: Reflections On Race, Health, And What Families Tell Us About Structural Racism, Robin A. Lenhardt, Kimani Paul-Emile
Faculty Scholarship
No abstract provided.
Tort Theory, Private Attorneys General, And State Action: From Mass Torts To Texas S.B. 8, John C.P. Goldberg, Benjamin C. Zipursky
Tort Theory, Private Attorneys General, And State Action: From Mass Torts To Texas S.B. 8, John C.P. Goldberg, Benjamin C. Zipursky
Faculty Scholarship
Late twentieth-century tort theory was dominated by scholars who regarded tort law as primarily a means employed by government to deter anti-social conduct. On this model, tort plaintiffs are cast as private attorneys general whose lawsuits promote safety. Tort theorists today better appreciate that this approach obscures crucial respects in which tort law is private law–law that empowers persons who have been wronged to redress the wrongs done to them. But in practice there is a continued failure to perceive the ways in which the deterrence model has shaped and distorted views of tort law, as evidenced by the terms …
Is There A "Mulatto Escape Hatch" Out Of Racism?: A Reflection On Multiracial Exceptionalism During A Time Of #Blacklivesmatter, Tanya K. Hernandez
Is There A "Mulatto Escape Hatch" Out Of Racism?: A Reflection On Multiracial Exceptionalism During A Time Of #Blacklivesmatter, Tanya K. Hernandez
Faculty Scholarship
No abstract provided.
The Racial Architecture Of Criminal Justice, I. Bennett Capers
The Racial Architecture Of Criminal Justice, I. Bennett Capers
Faculty Scholarship
One of the pleasures of contributing to symposia—especially symposia where each contribution is brief—is the ability to engage in new explorations, test new ideas, and offer new provocations. I do that now in this essay about race, architecture, and criminal justice. I begin by discussing how race is imbricated in the architecture of courthouses, the quintessential place of supposed justice. I then take race and architecture a step further. If we think of architecture expansively—Lawrence Lessig’s definition of architecture as “the physical world as we find it” comes to mind—then it becomes clear that race is also imbricated in the …
Future Sex, I. Bennett Capers
"And They Took My Milk!", I. Bennett Capers
The Law School As A White Space, I. Bennett Capers
The Law School As A White Space, I. Bennett Capers
Faculty Scholarship
No abstract provided.
Mala Prohibita And Proportionality, Youngjae Lee
Mala Prohibita And Proportionality, Youngjae Lee
Faculty Scholarship
What is the proportionate punishment for conduct that is neither harmful nor wrongful? A likely response to that is that one ought not to be punished at all for such conduct. It is, however, common for the state to punish harmless conduct the wrongfulness of which is not always apparent. Take, for example, the requirement that those who give investment advice for compensation do so only after registering as an investment advisor. Advising a person on how to invest his or her funds and accepting a fee for the advice without registering with the government does not seem harmful or …
Local Offenses, Brenner M. Fissell
Local Offenses, Brenner M. Fissell
Fordham Law Review
Criminal law is generally thought to exist within two jurisdictional levels: federal and state. Neglected in the legal mind, and in legal scholarship, is the vast body of criminal law promulgated by local governments. While one should ask “what” is being criminalized by cities, towns, and villages, one should also ask “how” these offenses are written. The offense-drafting practices reflected in state criminal law have been extensively studied, but this has never been attempted for local offenses. This Article undertakes that task. After surveying a large number of local criminal codes, this Article concludes that local offenses routinely fail to …
In-House Counsel Roundtable: Competition And Other Issues In A Pandemic Environment, Karen Hoffman Lent, Gabrielle Kohlmeier, Lutinski Lutinski, Rob Mahini, Suzanne Wachsstock
In-House Counsel Roundtable: Competition And Other Issues In A Pandemic Environment, Karen Hoffman Lent, Gabrielle Kohlmeier, Lutinski Lutinski, Rob Mahini, Suzanne Wachsstock
Fordham Competition Law Institute
No abstract provided.
Secret Faits Accomplis: Declination Decisions, Nonprosecution Agreements, And The Crime Victim’S Right To Confer, Zulkifl M. Zargar
Secret Faits Accomplis: Declination Decisions, Nonprosecution Agreements, And The Crime Victim’S Right To Confer, Zulkifl M. Zargar
Fordham Law Review
The state’s monopoly power over the institution of prosecution is a feature as familiar as any in the American criminal justice system. That the criminal proceeding is between the state and the defendant leaves little doubt as to the identities of the victimized interest and the offender. But, in avenging societal harm alone, the criminal process treats another victim—the crime victim— as an outcast. Beginning in the 1970s, the victim’s rights movement mobilized to address this institutional neglect, and, by most accounts, it has triumphed. Federal and state victim’s rights laws now empower victims to attend criminal proceedings, deliver impact …
September 2020, Maloney Library, Fordham University School Of Law
September 2020, Maloney Library, Fordham University School Of Law
Maloney Matters
No abstract provided.
Henness V. Dewine, Bruce Green, Bradley Pough, Gabriel Gillett
Henness V. Dewine, Bruce Green, Bradley Pough, Gabriel Gillett
Amicus Briefs
No abstract provided.
Novel Perspectives On Due Process Symposium: Punishment Without Process: “Victim Impact” Proceedings For Dead Defendants, Bruce A. Green, Rebecca Roiphe
Novel Perspectives On Due Process Symposium: Punishment Without Process: “Victim Impact” Proceedings For Dead Defendants, Bruce A. Green, Rebecca Roiphe
Fordham Law Review Online
When women accuse powerful men of sexual assault, there is increasing public pressure to resolve any doubts in the accusers’ favor before the criminal process is over, if not from the outset. Private individuals and institutions often do so without worrying about due process, but it is different for the trial court, where the presumption of innocence is supposed to apply. This is especially true where public shaming and the accompanying reputational consequences already constitute a kind of punishment. Although they may be sympathetic to accusers, especially those whose cause is championed by a strong and popular social movement, courts …
July 2020 - June 2021 Fordham Law School Faculty Bibliography, Fordham Law School Library
July 2020 - June 2021 Fordham Law School Faculty Bibliography, Fordham Law School Library
Faculty Bibliography
No abstract provided.
Hunts Point Housing Dev. Fund Corp. V. Padilla
Access To Justice And Dispute Resolution Across Cultures, Sukhsimranjit Singh
Access To Justice And Dispute Resolution Across Cultures, Sukhsimranjit Singh
Fordham Law Review
There is a saying in the United States: the justice one receives is the justice one can afford. All too often, this saying proves true for both lower- and middle-class individuals. For the greatly impoverished, the access to justice crisis is twofold: part of the problem is knowing when to seek legal help and another is ensuring adequate delivery of legal assistance on request. Middle- class individuals face a different challenge, as they surpass the income threshold for free civil public legal aid but cannot afford the rising costs of conventional litigation. The problem persists across different cultures. This Article …
Convictions As Guilt, Anna Roberts
Convictions As Guilt, Anna Roberts
Fordham Law Review
A curious tension exists in scholarly discourse about the criminal legal system. On the one hand, a copious body of work exposes a variety of facets of the system that jeopardize the reliability of convictions. These include factors whose influence is pervasive: the predominance of plea bargaining, for example, and the subordination of the defense. On the other hand, scholars often discuss people who have criminal convictions in a way that appears to assume crime commission. This apparent assumption obscures crucial failings of the system, muddies the role of academia, and, given the unequal distribution of criminal convictions, risks compounding …
To “Otherwise Make Unavailable”: Tenant Screening Companies’ Liability Under The Fair Housing Act’S Disparate Impact Theory, Shivangi Bhatia
To “Otherwise Make Unavailable”: Tenant Screening Companies’ Liability Under The Fair Housing Act’S Disparate Impact Theory, Shivangi Bhatia
Fordham Law Review
Tenant screening companies present information to housing providers on prospective tenants’ criminal and eviction histories in the form of background screening reports. These screening reports disproportionately impact racial and gender minorities. Two opposing views exist on whether courts should interpret the Fair Housing Act to cover the discriminatory practices and policies of tenant screening companies. Some believe that background screening reports are a vital part of the housing industry, while others criticize them for their inaccurate, misleading, and discriminatory nature. This Note proposes that, moving forward, courts should interpret § 3604(a) and § 3604(b) of the Fair Housing Act to …