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Articles 361 - 390 of 1757
Full-Text Articles in Entire DC Network
More Color More Pride: Addressing Structural Barriers To Interracial Lgbtq Loving, Praatika Prasad
More Color More Pride: Addressing Structural Barriers To Interracial Lgbtq Loving, Praatika Prasad
Fordham Law Review Online
Through an examination of State-supported racial structures, this Essay illustrates that even after the legalization of interracial and same-sex marriages, the State’s control over housing, education, and employment prospects impedes the formation of interracial LGBTQ relationships. This Essay suggests that reducing residential segregation can be a first step in dismantling structural barriers to interracial LGBTQ loving, as truly integrated housing would increase cross-racial contact, lead to better educational and employment outcomes, and give LGBTQ people of color a chance to improve their social capital. This, together with altering how issues of race are framed within the LGBTQ community, will help …
Mediation, Self-Represented Parties, And Access To Justice: Getting There From Here, Jacqueline Nolan-Haley
Mediation, Self-Represented Parties, And Access To Justice: Getting There From Here, Jacqueline Nolan-Haley
Fordham Law Review Online
Mediation is enthusiastically promoted as a vehicle for providing access to justice. This is as true in developing countries as it is in the United States. For individuals, mediation promises autonomy, self-determination and empowerment; for courts, there is the lure of procedural and administrative reforms—reduced dockets and greater efficiencies. Unburdened with formal discovery, evidentiary and procedural rules, pleadings, and motions, mediation is thought to generate access to justice at a faster pace than litigation. Commentators sing its praises while bemoaning its underutilization. I argue that claims about mediation’s ability to provide access to justice should be more modest because mediation …
Disturbing Disparities: Black Girls And The School-To-Prison Pipeline, Leah A. Hill
Disturbing Disparities: Black Girls And The School-To-Prison Pipeline, Leah A. Hill
Fordham Law Review Online
Recent scholarship on the school-to-prison pipeline has zeroed in on the disturbing trajectory of black girls. School officials impose harsh punishments on black girls, including suspension and expulsion from school, at alarming rates. The most recent data from the U.S. Department of Education Office for Civil Rights reveals that one of the harshest forms of discipline—out of school suspension—is imposed on black girls at seven times the rate of their white peers. In the juvenile justice system, black girls are the fastest growing demographic when it comes to arrest and incarceration. Explanations for the disproportionate disciplinary, arrest, and incarceration rates …
Policing The Admissibility Of Body Camera Evidence, Jeffrey Bellin, Shevarma Pemberton
Policing The Admissibility Of Body Camera Evidence, Jeffrey Bellin, Shevarma Pemberton
Fordham Law Review
Body cameras are sweeping the nation and becoming, along with the badge and gun, standard issue for police officers. These cameras are intended to ensure accountability for abusive police officers. But, if history is any guide, the videos they produce will more commonly be used to prosecute civilians than to document abuse. Further, knowing that the footage will be available as evidence, police officers have an incentive to narrate body camera videos with descriptive oral statements that support a later prosecution. Captured on an official record that exclusively documents the police officer’s perspective, these statements—for example, “he just threw something …
The Light We Shine Into The Grey: A Restorative #Metoo Solution And An Acknowledgement Of Those #Metoo Leaves In The Dark, Nora Stewart
The Light We Shine Into The Grey: A Restorative #Metoo Solution And An Acknowledgement Of Those #Metoo Leaves In The Dark, Nora Stewart
Fordham Law Review
In the past year and a half, American women have publicly discussed experiences of sexual assault, harassment, and—notably—grey-area misconduct in an unprecedented manner. The rhetoric of the #MeToo movement is rife with references to “shining a light” on a set of unexplored issues hitherto obscured in cultural darkness, to following women’s experiences into the grey. What is new about #MeToo, and what likely will be the through line that defines its historical importance, has been its sensitivity to nuance. The grey range of #MeToo misconduct is not a new problem. It is emphatically new, however, as a subject of public …
The Courier Conundrum: The High Costs Of Prosecuting Low-Level Drug Couriers And What We Can Do About Them, Adam B. Weber
The Courier Conundrum: The High Costs Of Prosecuting Low-Level Drug Couriers And What We Can Do About Them, Adam B. Weber
Fordham Law Review
Since the United States declared its “War on Drugs,” federal enforcement of drug-trafficking crimes has led to increased incarceration and longer prison sentences. Many low-level drug couriers and drug mules have suffered disproportionately from these policies; they face mandatory punishments that vastly exceed their culpability. Drug couriers often lack substantial ties to drug-trafficking organizations, which generally recruit vulnerable individuals to act as couriers and mules. By using either threats of violence or promises of relatively small sums of money, these organizations convince recruits to overlook the substantial risks that drug couriers face. The current policies of pursuing harsh punishments for …
Back To The Future: Permitting Habeas Petitions Based On Intervening Retroactive Case Law To Alter Convictions And Sentences, Lauren Casale
Back To The Future: Permitting Habeas Petitions Based On Intervening Retroactive Case Law To Alter Convictions And Sentences, Lauren Casale
Fordham Law Review
In 1948, Congress enacted 28 U.S.C. § 2255, which authorizes a motion for federal prisoners to “vacate, set aside or correct” their sentences, with the goal of improving judicial efficiency in collateral review. Section 2255(e), known as the “savings clause,” allows federal inmates to challenge the validity of their imprisonments with writs of habeas corpus if § 2255 motions are “inadequate or ineffective to test the legality of [their] detention[s].” Due to the U.S. Supreme Court’s and Congress’s silence regarding what suffices as “inadequate or ineffective,” the circuit courts have adopted varied standards. The Sixth and Seventh Circuits hold that …
The Color Of Algorithms: An Analysis And Proposed Research Agenda For Deterring Algorithmic Redlining, James A. Allen
The Color Of Algorithms: An Analysis And Proposed Research Agenda For Deterring Algorithmic Redlining, James A. Allen
Fordham Urban Law Journal
No abstract provided.
Coding Over The Cracks: Predictive Analytics And Child Protection, Stephanie K. Glaberson
Coding Over The Cracks: Predictive Analytics And Child Protection, Stephanie K. Glaberson
Fordham Urban Law Journal
No abstract provided.
Impoverished Algorithms: Misguided Governments, Flawed Technologies, And Social Control, Sarah Valentine
Impoverished Algorithms: Misguided Governments, Flawed Technologies, And Social Control, Sarah Valentine
Fordham Urban Law Journal
No abstract provided.
Contextualizing Sanctuary Policy Development In The United States: Conceptual And Constitutional Underpinnings, 1979 To 2018, Allan Colbern, Melanie Amoroso-Pohl, & Courtney Gutiérrez
Contextualizing Sanctuary Policy Development In The United States: Conceptual And Constitutional Underpinnings, 1979 To 2018, Allan Colbern, Melanie Amoroso-Pohl, & Courtney Gutiérrez
Fordham Urban Law Journal
No abstract provided.
Weaning Drug Manufacturers Off Their Painkiller: Creating An Exception To The Learned Intermediary Doctrine In Light Of The Opioid Crisis, Max Roberts
Fordham Urban Law Journal
No abstract provided.
Crime Victimhood And Intersectionality, Hadar Dancig-Rosenberg, Noa Yosef
Crime Victimhood And Intersectionality, Hadar Dancig-Rosenberg, Noa Yosef
Fordham Urban Law Journal
No abstract provided.
Accountability Of Algorithms In The Gdpr And Beyond: A European Legal Framework On Automated Decision-Making, Céline Castets-Renard
Accountability Of Algorithms In The Gdpr And Beyond: A European Legal Framework On Automated Decision-Making, Céline Castets-Renard
Fordham Intellectual Property, Media and Entertainment Law Journal
Automated decision systems appear to carry higher risks today than they ever have before. Digital technologies collect massive amounts of data and evaluate people in every aspect of their lives, such as housing and employment. This collected information is ranked through the use of algorithms. The use of such algorithms may be problematic. Because the results obtained through algorithms are created by machines, they are often assumed to be immune from human biases. However, algorithms are the product of human thinking and, as such, can perpetuate existing stereotypes and social segregation. This problem is exacerbated by the fact that algorithms …
It’S About Quality: Private Confinement Facilities In Juvenile Justice, Jeffrey A. Butts, John F. Pfaff
It’S About Quality: Private Confinement Facilities In Juvenile Justice, Jeffrey A. Butts, John F. Pfaff
Faculty Scholarship
The youth justice system in the United States has always depended on nongovernmental organizations to provide some of the services, supports, and sanctions for youth after juvenile court adjudication. As the use of state-operated youth confinement declined in recent years, primarily as a result of falling rates of serious juvenile crime, the relative importance of private facilities increased. The number of juveniles held in privately operated secure confinement facilities is now larger than the number confined in state institutions.
How Courts In Criminal Cases Respond To Childhood Trauma, Deborah W. Denno
How Courts In Criminal Cases Respond To Childhood Trauma, Deborah W. Denno
Faculty Scholarship
Neurobiological and epidemiological research suggests that abuse and adverse events experienced as a child can increase an adult’s risk of brain dysfunction associated with disorders related to criminality and violence. Much of this research is predictive, based on psychological evaluations of children; few studies have focused on whether or how criminal proceedings against adult defendants consider indicators of childhood trauma. This Article analyzes a subset of criminal cases pulled from an 800-case database created as part of an original, large-scale, empirical research project known as the Neuroscience Study. The 266 relevant cases are assessed to determine the extent to which, …
The Snowball Effect Of Crime And Violence: Measuring The Triple-C Impact, Michal Gilad, Abraham Gutman, And Stephen P. Chawaga
The Snowball Effect Of Crime And Violence: Measuring The Triple-C Impact, Michal Gilad, Abraham Gutman, And Stephen P. Chawaga
Fordham Urban Law Journal
No abstract provided.
“Equality And Privacy By Design”: A New Model Of Artificial Intelligence Data Transparency Via Auditing, Certification, And Safe Harbor Regimes, Shlomit Yanisky-Ravid & Sean K. Hallisey
“Equality And Privacy By Design”: A New Model Of Artificial Intelligence Data Transparency Via Auditing, Certification, And Safe Harbor Regimes, Shlomit Yanisky-Ravid & Sean K. Hallisey
Fordham Urban Law Journal
No abstract provided.
Undoing The Bail Myth: Pretrial Reforms To End Mass Incarceration, Insha Rahman
Undoing The Bail Myth: Pretrial Reforms To End Mass Incarceration, Insha Rahman
Fordham Urban Law Journal
No abstract provided.
Barbers, Caregivers, And The “Disciplinary Subject”: Occupational Licensure For People With Criminal Justice Backgrounds In The United States, Alec C. Ewald
Fordham Urban Law Journal
No abstract provided.
Diary Of A Civil Public Defender: Critical Lessons For Achieving Transformative Change On Behalf Of Communities, Runa Rajagopal
Diary Of A Civil Public Defender: Critical Lessons For Achieving Transformative Change On Behalf Of Communities, Runa Rajagopal
Fordham Urban Law Journal
No abstract provided.
The “White” To Bear Arms: How Immunity Provisions In Stand Your Ground Statutes Lead To An Unequal Application Of The Law For Black Gun Owners, Victoria Bell
Fordham Urban Law Journal
No abstract provided.
A Bias-Free Predictive Policing Tool?: An Evaluation Of The Nypd's Patternizr, Molly Griffard
A Bias-Free Predictive Policing Tool?: An Evaluation Of The Nypd's Patternizr, Molly Griffard
Fordham Urban Law Journal
No abstract provided.
We The People: These United Divided States, Catherine Powell
We The People: These United Divided States, Catherine Powell
Faculty Scholarship
No abstract provided.
Remarks: Presidential Succession And Impeachment: Historical Precedents, From Indiana And Beyond, John D. Feerick
Remarks: Presidential Succession And Impeachment: Historical Precedents, From Indiana And Beyond, John D. Feerick
Faculty Scholarship
No abstract provided.
From Retribution To Restoration: Implementing Nationwide Restorative Justice Initiatives - Lessons From Jamaica, Inga N. Laurent
From Retribution To Restoration: Implementing Nationwide Restorative Justice Initiatives - Lessons From Jamaica, Inga N. Laurent
Fordham International Law Journal
No abstract provided.
Judicial Independence And Accountability: Withstanding Political Stress In Poland, Fryderyk Zoll, Leah Wortham
Judicial Independence And Accountability: Withstanding Political Stress In Poland, Fryderyk Zoll, Leah Wortham
Fordham International Law Journal
No abstract provided.
Defenders Aplenty: Access To Justice For Women Human Rights Defenders, Morganne Barrett
Defenders Aplenty: Access To Justice For Women Human Rights Defenders, Morganne Barrett
Fordham International Law Journal
No abstract provided.
State Punishment And Meaning In Life, Youngjae Lee
State Punishment And Meaning In Life, Youngjae Lee
Faculty Scholarship
No abstract provided.
Congress And The Independence Of Federal Law Enforcement, Andrew Kent
Congress And The Independence Of Federal Law Enforcement, Andrew Kent
Faculty Scholarship
Not since the Nixon presidency has the issue of the professional neutrality and independence of federal law enforcement from White House interference or misuse been such a pressing issue. This Article describes the problem, details Congress’s important role in responding to it during the 1970s, and makes specific recommendations for Congress today. As important background, this Article recounts the abuses of the Hoover era at the Federal Bureau of Investigation (“FBI”), and the ways the Nixon White House sought to both impede and corrupt the Department of Justice (“DOJ”) and the FBI. It then describes what an engaged Congress looked …