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Articles 31 - 60 of 79
Full-Text Articles in Law
Access To Justice In Idaho, Frances H. Thompson
Access To Justice In Idaho, Frances H. Thompson
Fordham Urban Law Journal
This Article addresses the efforts made by the Idaho Court Assistance Office Project to increase access to the Idaho court system. The Article discusses the Projects goals of addressing concerns over plain English forms and brochures, pro bono legal and paralegal services, and equipment and technology needs. It describes the four primary model used by the Project in assisting pro-se litigants.
Don't Confuse Metatags With Initial Interest Confusion, Yelena Dunaevsky
Don't Confuse Metatags With Initial Interest Confusion, Yelena Dunaevsky
Fordham Urban Law Journal
This Comment focuses on whether the legal doctrine of "initial interest confusion" should be applied in metatag related trademark infringement cases. The Comment agues that because "initial interest confusion" does not improve or clarify the existing process of legal inquiry in a trademark infringement litigation, the doctrine is a superfluous legal tool and may even be harmful from a public policy perspective.
The Census As A Call To Action, David J. Barron, Gerald E. Frug
The Census As A Call To Action, David J. Barron, Gerald E. Frug
Fordham Urban Law Journal
This article argues that we misinterpret the Census figures showing the continued growth of the suburbs and increase in populations of some cities and not others. While many, including a Harvard economist, contend that this is a purely a result of consumer preference, this article concludes that this pattern is more likely a result of legal rules promoting sprawl which have been unchanged for 50 years. The article states that this new census data should be a wake-up call for state law reform which will no longer constrain and define local government.
City Life And New Urbanism, Ray Gindroz
City Life And New Urbanism, Ray Gindroz
Fordham Urban Law Journal
This article discusses the importance and reintroduction of urban centers as areas of continuing development, information exchange and health in cities and suburbs. It first comments on the decay of urban centers as a result of the post-World War II push to build towns and cities which were more isolated, fragmented and anti-urban. New urbanism began in the 1970s and 80s to create neighborhoods and urban centers rather than scattered developments and has successfully continued to this day. This article identifies the design principles of these urbanists and how they are put into practice, including a case study of Park …
Eras, Daniel Solomon
Eras, Daniel Solomon
Fordham Urban Law Journal
This article discusses the different eras of development of the American town. The first era was a result of the agrarian grid. The second era started in 1938 when the Federal Housing Administration began working on a national code. The article identifies these sprawling second era towns as deficient. A third era is now underway and is heavily influenced by the first era towns.
Making The Good Easy: The Smart Code Alternative, Andres Duany, Emily Talen
Making The Good Easy: The Smart Code Alternative, Andres Duany, Emily Talen
Fordham Urban Law Journal
This article advocates for a new, fundamentally different plan for how cities should be coded, the Smart Code. It links urbanism and environmentalism and is strongly aligned with smart growth and sustainability. The Smart Code is offered as an alternative to the current anti-urban, conventional codes which are rigid and focus on single-use zones that separate human living space from the natural environment, as illustrated by the sprawl.
First Suburbs In The Northeast And Midwest: Assets, Challenges, And Opportunities, Robert Puentes
First Suburbs In The Northeast And Midwest: Assets, Challenges, And Opportunities, Robert Puentes
Fordham Urban Law Journal
This article examines the decline of first suburbs, the older inner-ring suburbs closest to cities that grew up before or immediately after World War II. As families leave these areas for the expanding outer suburbs, the tax base shrinks and poverty and failing schools result. Inner suburbs lack the sophisticated governmental structures of cities to combat these problems, and without a shift in investment policies, first suburbs will continue to suffer.
Maryland's Next Smart Growth Initiative: The Next Steps, Parris N. Glendening
Maryland's Next Smart Growth Initiative: The Next Steps, Parris N. Glendening
Fordham Urban Law Journal
This article discusses Maryland's Smart Growth and Neighborhood Conservation Initiative, the nation's first statewide, incentive-based program to reduce the impact of urban sprawl. It has been used as a model by other states and espouses the notions that no growth is bad and the economy and environment are intertwined. Maryland attempts to change the bottom line of development decisions by making it more attractive and less costly to build in designated growth areas. The article identifies the next steps in Maryland's Smart Growth initiative and concludes that Maryland and the United States must be successful in these and similar efforts …
Florida's Downtowns: The Key To Smart Growth, Urban Revitalization, And Green Space Preservation, John T. Marshall
Florida's Downtowns: The Key To Smart Growth, Urban Revitalization, And Green Space Preservation, John T. Marshall
Fordham Urban Law Journal
This article reviews Florida's growth management system, which has spurred suburban development, and its negative impact on Florida's cities. As Florida's governor and legislature have turned their focus to this issue, this article evaluates policy recommendations to limit Florida's suburban sprawl and invigorate its urban centers.
The Community Reinvestment Act And The Economics Of Regulatory Policy, Christopher A. Richardson
The Community Reinvestment Act And The Economics Of Regulatory Policy, Christopher A. Richardson
Fordham Urban Law Journal
This article discusses the economic consequences and social implications of the Community Reinvestment Act. The CRA has direct economic effects on banks and neighborhoods and these neighborhoods also gain social benefits from the availability of credit which increase the quality of life in these areas. The article identifies the economic issues associated with providing access to credit in low and middle-income areas. Many of these problems are caused by the information asymmetry between lenders and borrowers because lenders do not realize the positive social benefits of the availability of credit in these areas. It contends that the ambiguous language of …
Smart Growth And Sustainable Transportation: Can We Get There From Here?, Oliver A. Pollard, Iii
Smart Growth And Sustainable Transportation: Can We Get There From Here?, Oliver A. Pollard, Iii
Fordham Urban Law Journal
This article focuses on the development of smart growth, which includes sustainable transportation policies and more efficient uses of land. Smart growth was developed to combat some of the negative consequences of transportation and land use laws developed in the past fifty years which created dependence on motor vehicles. The article examines these policies and their inconsistency with smart growth, considers steps to be taken toward a more efficient transportation system and the difficulties in invoking these changes, and uses Atlanta as a case study in the opportunities and challenges for smart growth and sustainable transportation policies.
Mainstreaming Community Development: Business Strategies As Radical Approaches To Community Representation, Daniel S. Shah
Mainstreaming Community Development: Business Strategies As Radical Approaches To Community Representation, Daniel S. Shah
Fordham Urban Law Journal
This article argues that law school clinics are a means of providing positive change in representation in community development. Through a detailed case analysis of the Philadelphia Community Development Credit Union, the article illustrates how most technical assistance providers perpetuate an economic development structure which is contrary to consumer demand. These technical assistance providers carry out the goals and plans of the project funders (a top down approach) rather than focusing on the demands of the consumers. Community development clinics can step outside of the current market structure because they receive funding from independent sources and are thus able to …
The Cra Implications Of Predatory Lending, Kathleen C. Engel, Patricia A. Mccoy
The Cra Implications Of Predatory Lending, Kathleen C. Engel, Patricia A. Mccoy
Fordham Urban Law Journal
This article considers the Community Reinvestment Act's role in combating predatory lending. It provides an overview of the CRA, explains how CRA-covered lenders may enable predatory lending and explores the relationship between the CRA, federal subsidies and predatory lending. The article concludes that the CRA should be used to penalize lenders that engage in predatory lending and recommends that federal bank regulators use CRA to sanction behavior that could encourage further predatory lending.
Trying To Fit An Oval Shaped Island Into A Square Constitution: Arguments For Puerto Rican Statehood, Jose D. Roman
Trying To Fit An Oval Shaped Island Into A Square Constitution: Arguments For Puerto Rican Statehood, Jose D. Roman
Fordham Urban Law Journal
This Comment focuses on the limits placed on Puerto Rico under the United States Constitution and concludes that Puerto Rico must become the 51st state to improve its status under the Constitution. It explores Puerto Rico's relationship with the United States and its unusual position under the Constitution. This Comment then examines the voting rights issues facing Puerto Ricans, including a First Circuit case which denied Puerto Ricans the right to vote in presidential elections. The Comment concludes that this case was correctly decided and the Supreme Court, in other decisions, has only recognized a limited right to vote under …
Extremely Motivated: The Republican Party's March To The Right, Cliff Schecter
Extremely Motivated: The Republican Party's March To The Right, Cliff Schecter
Fordham Urban Law Journal
This article tracks the evolution of the Republican party's shift from "a party of blue blood northeastern gentlemen to a party of southern agrarian populists" and its espousal of less moderate and more conservative positions over time. It considers what this means in the future for more moderate Republicans.
September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs
September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs
Fordham Urban Law Journal
This Comment examines how the United States should react to the threat of domestic terrorism while maintaining citizens' civil liberties in the wake of the events on September 11, 2001. The Comment first compares and contrasts three classic theories of democracy: constitutional democracy, representative democracy and deliberative democracy. It next describes how representative and constitutional democracy were applied during the Japanese internment during World War II. Part III compares the Japanese internment to the challenges after the September 11 attacks and analyzes the roles different branches should have in protecting civil liberties. Finally, the Comment recommends applying a theory of …
The Birth Of A Problem-Solving Court, Rolando Acosta, Anne Swern, Lisa Schreibersdorf, Gloria Sosa-Lintner
The Birth Of A Problem-Solving Court, Rolando Acosta, Anne Swern, Lisa Schreibersdorf, Gloria Sosa-Lintner
Fordham Urban Law Journal
No abstract provided.
What The Data Shows, Carl Baar, Stephen Belenko, Aubrey Fox, Rachel Porter
What The Data Shows, Carl Baar, Stephen Belenko, Aubrey Fox, Rachel Porter
Fordham Urban Law Journal
No abstract provided.
How Does The Community Feel About Problem-Solving Courts?, Michele Bertran, Mary Barr, Charles Grodin, Monroe Freedman, Jacqueline Nolan-Haley
How Does The Community Feel About Problem-Solving Courts?, Michele Bertran, Mary Barr, Charles Grodin, Monroe Freedman, Jacqueline Nolan-Haley
Fordham Urban Law Journal
No abstract provided.
Judiciary Ombudsman: Solving Problems In The Courts, Michele Bertran
Judiciary Ombudsman: Solving Problems In The Courts, Michele Bertran
Fordham Urban Law Journal
No abstract provided.
The Judicial Perspective, Jo Ann Ferdinand, William Schma, James Yates, Peggy Hora, John Martin
The Judicial Perspective, Jo Ann Ferdinand, William Schma, James Yates, Peggy Hora, John Martin
Fordham Urban Law Journal
No abstract provided.
Alternative Approaches To Problem Solving, Susan Finlay, Richard Hopper, Derek Denckla, John Goldkamp
Alternative Approaches To Problem Solving, Susan Finlay, Richard Hopper, Derek Denckla, John Goldkamp
Fordham Urban Law Journal
No abstract provided.
What Does The Future Hold For Drug Courts?, Nahama Broner, Caroline Cooper, Michael Jacobson, Juanita Bing-Newton, Deborah Small
What Does The Future Hold For Drug Courts?, Nahama Broner, Caroline Cooper, Michael Jacobson, Juanita Bing-Newton, Deborah Small
Fordham Urban Law Journal
No abstract provided.
Therapeutic Jurisprudence And Cognitive Complexity: An Overview, Philip Gould, Patricia Murrell
Therapeutic Jurisprudence And Cognitive Complexity: An Overview, Philip Gould, Patricia Murrell
Fordham Urban Law Journal
No abstract provided.
Problem-Solving Courts: Keynote Address, Judith Kaye
Problem-Solving Courts: Keynote Address, Judith Kaye
Fordham Urban Law Journal
No abstract provided.
Therapeutic Jurisprudence, Neo-Rehabilitationism, And Judicial Collectivism: The Least Dangerous Branch Becomes The Most Dangerous, Morris Hoffman
Therapeutic Jurisprudence, Neo-Rehabilitationism, And Judicial Collectivism: The Least Dangerous Branch Becomes The Most Dangerous, Morris Hoffman
Fordham Urban Law Journal
No abstract provided.
Problem Solving Courts: From Adversarial Litigation To Innovative Jurisprudence, Urban Law Journal
Problem Solving Courts: From Adversarial Litigation To Innovative Jurisprudence, Urban Law Journal
Fordham Urban Law Journal
No abstract provided.
What Works And What Does Not, Michael Rempel, Adele Harrell, Jeff Fagan, Barbara Babb
What Works And What Does Not, Michael Rempel, Adele Harrell, Jeff Fagan, Barbara Babb
Fordham Urban Law Journal
No abstract provided.
The Nexus Between Technology And Problem Solving, James Mcmillan, Robert Russell, Mina Kimmerling, Mark Thompson
The Nexus Between Technology And Problem Solving, James Mcmillan, Robert Russell, Mina Kimmerling, Mark Thompson
Fordham Urban Law Journal
No abstract provided.
Adding Insult To Injury: How In Re Venture Mortgage Fund Exposes The Inequitable Results Of New York's Usury Remedies, Shimon Berger
Adding Insult To Injury: How In Re Venture Mortgage Fund Exposes The Inequitable Results Of New York's Usury Remedies, Shimon Berger
Fordham Urban Law Journal
No abstract provided.