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- Conflict of Laws; Fourth Amendment; Fourteenth Amendment; Law Enforcement and Corrections (1)
- Freedom of information law; New York law; freedom of information act (1)
- Gubernatorial succession (1)
- Law; LGBTQ+; civil rights; antidiscrimination; state law; Bostock; Title VII; textualism; statutory interpretation (1)
- Law; state constitutional law; abortion; roe v. wade; Dobbs v. Jackson Women’s Health Organization (1)
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Articles 1 - 5 of 5
Full-Text Articles in Law
Within A City's Limits: A Local Government's Power To Hold Police Officers Accountable, Josselin Aldana
Within A City's Limits: A Local Government's Power To Hold Police Officers Accountable, Josselin Aldana
Fordham Law Review
When a person’s constitutional rights are violated by a public official, such as a police officer, who acts under color of law, the official can invoke a qualified immunity defense that immunizes the official unless it is clearly established that such action is unlawful. Over the years, the qualified immunity doctrine has developed into a shield that makes it difficult for aggrieved individuals to recover when they are harmed. As a result of nationwide focus on police brutality, four states—Colorado, Connecticut, Massachusetts, and New Mexico—have modified the use of qualified immunity as a defense in state courts for individuals harmed …
Shining A Light On Rattley: The Troublesome Diligent Search Standard Undercutting New York's Freedom Of Information Law, Isaac A. Krier
Shining A Light On Rattley: The Troublesome Diligent Search Standard Undercutting New York's Freedom Of Information Law, Isaac A. Krier
Fordham Law Review
New York’s Freedom of Information Law (FOIL) provides citizens with access to the documents, statistics, and information relied on by New York State government agencies. Modeled after the federal Freedom of Information Act (FOIA), New York legislators designed the state’s “sunshine law” to promote transparency and accountability through a presumption of disclosure by requiring agencies to make all records available to the public except those specifically exempted by statute. But state agencies often rely on a separate, unceremonious reason to deny FOIL requests—they cannot find the documents. FOIL requires an agency to certify that it performed a diligent records search …
Changing Hands: Recommendations To Improve New York’S System Of Gubernatorial Succession, Fordham Law School Rule Of Law Clinic, Ian Bollag-Miller, Stevenson Jean, Maryam Sheikh, Frank Tamberino
Changing Hands: Recommendations To Improve New York’S System Of Gubernatorial Succession, Fordham Law School Rule Of Law Clinic, Ian Bollag-Miller, Stevenson Jean, Maryam Sheikh, Frank Tamberino
Rule of Law Clinic
Despite the frequency with which the state’s highest executive offices have changed hands, New York is unprepared to deal with a panoply of issues relating to its constitution’s gubernatorial succession provisions. In this report, the Fordham Law School Rule of Law Clinic proposes reforms to address four principal issues with the existing gubernatorial succession provisions: gubernatorial inability, gubernatorial absence, lieutenant governor replacement, and the gubernatorial line of succession.
Abortion Rights Under State Constitutions: A Fifty-State Survey, Robert L. Bentlyewski
Abortion Rights Under State Constitutions: A Fifty-State Survey, Robert L. Bentlyewski
Fordham Law Review Online
The U.S. Supreme Court appears poised to overturn Roe v. Wade and its progeny, removing any federal law protection of the right to an abortion. However, numerous state supreme courts have interpreted their state constitutions to independently recognize such a right, finding their state’s equal protection, due process, and privacy rights more expansive than those at the federal level. This Essay surveys all fifty states to ascertain how much protection each state currently affords to women’s right to an abortion. Most state supreme courts have not made a determinative ruling on the issue, and a significant majority of state constitutions …
Small Gestures And Unexpectedconsequences: Textualist Interpretationsof State Antidiscrimination Lawafter Bostock V. Clayton County, Anastasia E. Lacina
Small Gestures And Unexpectedconsequences: Textualist Interpretationsof State Antidiscrimination Lawafter Bostock V. Clayton County, Anastasia E. Lacina
Fordham Law Review
The U.S. Supreme Court’s landmark decision in Bostock v. Clayton County expanded Title VII’s coverage of victims of sex discrimination in employment by interpreting the statute to also protect LGBTQ+ employees who were discriminated against because of their sexual orientation and/or gender identity. Although Bostock only applies precedentially to Title VII, the long and interwoven history of state antidiscrimination statutes shows that the ruling may reach beyond federal law. This Note examines state court cases that have considered whether to apply Bostock’s reasoning to the interpretation of state antidiscrimination statutes. Furthermore, this Note argues in favor of a path …