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Fordham Law School

Fordham Urban Law Journal

2016

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Articles 1 - 30 of 170

Full-Text Articles in Law

Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless, Frank Paz Apr 2016

Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless, Frank Paz

Fordham Urban Law Journal

No abstract provided.


Preventing Shelterization: Alleviating The Struggles Of Homeless Individuals And Families In New York City, Salley Kim Apr 2016

Preventing Shelterization: Alleviating The Struggles Of Homeless Individuals And Families In New York City, Salley Kim

Fordham Urban Law Journal

No abstract provided.


Writing The Rules Of Attorney-Whistleblowing: Who Gets To Decide, And How Do We Make The Decision?, Alex Bein Apr 2016

Writing The Rules Of Attorney-Whistleblowing: Who Gets To Decide, And How Do We Make The Decision?, Alex Bein

Fordham Urban Law Journal

No abstract provided.


Defending One-Parent Sijs, Rodrigo Bacus Apr 2016

Defending One-Parent Sijs, Rodrigo Bacus

Fordham Urban Law Journal

No abstract provided.


Bicycle Laws In The United States-Past, Present, And Future, Ken Mcleod Apr 2016

Bicycle Laws In The United States-Past, Present, And Future, Ken Mcleod

Fordham Urban Law Journal

No abstract provided.


Yes To Infill, No To Nuisance, Michael Lewyn Apr 2016

Yes To Infill, No To Nuisance, Michael Lewyn

Fordham Urban Law Journal

No abstract provided.


The Hatch Act Modernization Act: Putting The Government Back In Politics, Shannon D. Azzaro Apr 2016

The Hatch Act Modernization Act: Putting The Government Back In Politics, Shannon D. Azzaro

Fordham Urban Law Journal

No abstract provided.


Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff Apr 2016

Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff

Fordham Urban Law Journal

No abstract provided.


Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise Apr 2016

Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise

Fordham Urban Law Journal

No abstract provided.


The Right To An Education Or The Right To Shop For Schooling: Examining Voucher Programs In Relation To State Constitutional Guarantees, Julie F. Mead Apr 2016

The Right To An Education Or The Right To Shop For Schooling: Examining Voucher Programs In Relation To State Constitutional Guarantees, Julie F. Mead

Fordham Urban Law Journal

No abstract provided.


Legal Aspects Of Charter School Oversight: Evidence From California, Kelsey W. Mayo Apr 2016

Legal Aspects Of Charter School Oversight: Evidence From California, Kelsey W. Mayo

Fordham Urban Law Journal

No abstract provided.


Searching For Equity Amid A System Of Schools: The View From New Orleans, Robert Garda Apr 2016

Searching For Equity Amid A System Of Schools: The View From New Orleans, Robert Garda

Fordham Urban Law Journal

No abstract provided.


To Call Or Not To Call: Compelling Witnesses To Appear Before Congress, Daniel Curbelo Zeidman Apr 2016

To Call Or Not To Call: Compelling Witnesses To Appear Before Congress, Daniel Curbelo Zeidman

Fordham Urban Law Journal

No abstract provided.


Apples-To-Fish: Public And Private Prison Cost Comparisons, Alex Friedmann Apr 2016

Apples-To-Fish: Public And Private Prison Cost Comparisons, Alex Friedmann

Fordham Urban Law Journal

No abstract provided.


Has All Heck Broken Loose? Examining Heck's Favorable-Termination Requirement In The Second Circuit After Poventud V. City Of New York, John P. Collins Apr 2016

Has All Heck Broken Loose? Examining Heck's Favorable-Termination Requirement In The Second Circuit After Poventud V. City Of New York, John P. Collins

Fordham Urban Law Journal

No abstract provided.


Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram Apr 2016

Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram

Fordham Urban Law Journal

One of the frequently criticized aspects of American mass incarceration, privatized incarceration, is frequently considered worse, by definition, than public incarceration for both philosophical ethical reasons and because its for-profit structure creates a disincentive to invest in improving prison conditions. Relying on literature about the neoliberal state and on insights from public choice economics, this Article sets out to challenge the distinction between public and private incarceration, making two main arguments: piecemeal privatization of functions, utilities, and services within state prisons make them operate more like private facilities, and public actors respond to the cost/benefit pressures of the market just …


Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman Jr., Carol J. Greenhouse Apr 2016

Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman Jr., Carol J. Greenhouse

Fordham Urban Law Journal

No abstract provided.


The Contours Of The Parallel Claim Exception: The Supreme Court's Opportunity To Define The Ill-Defined, Jarret Sena Apr 2016

The Contours Of The Parallel Claim Exception: The Supreme Court's Opportunity To Define The Ill-Defined, Jarret Sena

Fordham Urban Law Journal

No abstract provided.


Comparative Local Government Law In Motion: How Different Local Government Law Regimes Affect Global Cities' Bike Share Plans, Daniel B. Rodriguez, Nadav Shoked Apr 2016

Comparative Local Government Law In Motion: How Different Local Government Law Regimes Affect Global Cities' Bike Share Plans, Daniel B. Rodriguez, Nadav Shoked

Fordham Urban Law Journal

No abstract provided.


Comparative Urban Governance For Lawyers, Fernanda G. Nicola, Sheila Foster Apr 2016

Comparative Urban Governance For Lawyers, Fernanda G. Nicola, Sheila Foster

Fordham Urban Law Journal

No abstract provided.


Lessons For New York: Comparative Urban Governance And The Challenge Of Climate Change, Andrea Mcardle Apr 2016

Lessons For New York: Comparative Urban Governance And The Challenge Of Climate Change, Andrea Mcardle

Fordham Urban Law Journal

No abstract provided.


Judicial Constructions: Modernity, Economic Liberalization, And The Urban Poor In India, Priya S. Gupta Apr 2016

Judicial Constructions: Modernity, Economic Liberalization, And The Urban Poor In India, Priya S. Gupta

Fordham Urban Law Journal

Comparative legal research in property and urban planning law has taken an increasing interest in the policy patterns and legal arguments that municipal bodies and courts employ in the implementation of often radical urban reconfiguration. Aided by geographers, sociologists, and political economists, comparative property law scholars have begun to unearth the justificatory frameworks that underlie and shape these changes in metropolitan urban landscapes and that reveal an interplay between tangible and immediate modes of political constituencies’ interest navigation on the one hand, and deep-seated cultural-historical motivations as well as commitments to transnational strategic and political loyalties, on the other. These …


No Vengeance For 'Revenge Porn' Victims: Unraveling Why This Latest Female-Centric, Intimate-Partner Offense Is Still Legal, And Why We Should Criminalize It, Sarah Bloom Apr 2016

No Vengeance For 'Revenge Porn' Victims: Unraveling Why This Latest Female-Centric, Intimate-Partner Offense Is Still Legal, And Why We Should Criminalize It, Sarah Bloom

Fordham Urban Law Journal

No abstract provided.


Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers Apr 2016

Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers

Fordham Urban Law Journal

No abstract provided.


Public Transit Data Through An Intellectual Property Lens: Lessons About Open Data, Teresa Scassa Mar 2016

Public Transit Data Through An Intellectual Property Lens: Lessons About Open Data, Teresa Scassa

Fordham Urban Law Journal

This Article examines some of the challenges presented by the transition from ‘closed’ to open data within the municipal context, using municipal transit data as a case study. The particular lens through which this Article examines these challenges is intellectual property law. In a ‘closed data’ system, intellectual property law is an important means by which legal control over data is asserted by governments and their agencies. In an ‘open data’ context, the freedom to use and distribute content is a freedom from IP constraints. The evolution of approaches to open municipal transit data offers some interesting examples of the …


The Urban Microgrid: Smart Legal And Regulatory Policies To Support Electric Grid Resilienccy And Climate Mitigation, Kevin B. Jones, Sylvia J.S. Bartell, Daniel Nugent, Jonathan Hart Mar 2016

The Urban Microgrid: Smart Legal And Regulatory Policies To Support Electric Grid Resilienccy And Climate Mitigation, Kevin B. Jones, Sylvia J.S. Bartell, Daniel Nugent, Jonathan Hart

Fordham Urban Law Journal

No abstract provided.


"Smart Cities" Meet "Anchor Institutions": The Case For Broadband And The Public Library, Ellen P. Goodman Mar 2016

"Smart Cities" Meet "Anchor Institutions": The Case For Broadband And The Public Library, Ellen P. Goodman

Fordham Urban Law Journal

No abstract provided.


Sharing The Road: Smart Transportation Infrastructure, Dorothy J. Glancy Mar 2016

Sharing The Road: Smart Transportation Infrastructure, Dorothy J. Glancy

Fordham Urban Law Journal

Smart cities require smart transportation. Advanced Intelligent Transportation Systems provide ever-smarter transportation infrastructure for the United States and countries around the world. Among the most advance forms of ground transportation infrastructure is a group of technologies that connect vehicles invisibly to other vehicles through information exchanges. These advanced transportation technologies are of two types: On the one hand, Connected Vehicle Safety Systems use vehicle-to-vehicle dedicated short range communications technologies. On the other hand, Connected Vehicle Mobility Applicatoins use a muhc wider variety of mobile wireless technologies. These two types of technolofies that connect vehicles will increasingly make existing physical infrastructure …


Welcome To The Metropticon: Protecting Privacy In A Hyperconnected Town, Kelsey Finch, Omer Tene Mar 2016

Welcome To The Metropticon: Protecting Privacy In A Hyperconnected Town, Kelsey Finch, Omer Tene

Fordham Urban Law Journal

No abstract provided.


Democratic Deliberation In The Wild: The Mcgill Online Design Studio And The Regulation Room Project, Cynthia Farina, Hoi Kong, Cheryl Blake, Mary Newhart Mar 2016

Democratic Deliberation In The Wild: The Mcgill Online Design Studio And The Regulation Room Project, Cynthia Farina, Hoi Kong, Cheryl Blake, Mary Newhart

Fordham Urban Law Journal

Although there is no single unified conception of deliberative democracy, the generally accepted core thesis is that democratic legitimacy comes from authentic deliberation on the part of those affected by a collective decision. This deliberation must occur under conditions of equality, broadmindedness, reasonableness, and inclusion. In exercises such as National Issue forums, citizen juries, and consensus conferences, deliberative practitioners have shown that careful attention to process design can enable ordinary citizens to engage in meaningful deliberation about difficult public policy issues. Typically, however, these are closed exercises—that is, they involve a limited number of participants, often selected to achieve a …