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Fordham Urban Law Journal articles from January 2009

408 total articles

A bimonthly legal book published by the law school at Fordham University. Each issue focuses on a single topic, and publishes original research, critical pieces, and long-form essays related to that topic.

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Fordham Urban Law Journal archives from January 2009

Keynote address.(Conditions of Confinement Colloquium)(Speech)
January 1, 2009... It has been my experience that most people's perception of prison confinement is based on either a negative personal encounter with a prison or offender, or in the case of too many, a lack of personal contact with prisons and offenders. And...

Leveraging maximum reform while enforcing minimum standards.(Conditions of Confinement Colloquium)
January 1, 2009... Introduction I. Constitutional Standards Set a Low Bar; Enforcement Does Not Promote Public Safety A. Who is Incarcerated? B. What Helps Reduce Recidivism? C. What Does Conditions Litigation Traditionally ...

Getting real about race and prisoner rights.(Conditions of Confinement Colloquium)
January 1, 2009... Introduction A. Two Stories that Must Be Read Together I. The Rise and Decline of Prisoner Rights A. The Rise of Prisoner Rights B. The Decline of Prisoner Rights 1. The United States Supreme Court Retreats...

Eighth Amendment gaps: can conditions of confinement litigation benefit from proportionality theory?(Conditions of Confinement Colloquium)
January 1, 2009... Introduction I. A Brief History of Eighth Amendment Interpretation A. Early Interpretations of "Cruel and Unusual" Punishments B. Modern Interpretations of "Cruel and Unusual" Punishments...

The path of mentally ill offenders.(Conditions of Confinement Colloquium)
January 1, 2009... Introduction I. The People A. James, an Iraq War Veteran with PTSD B. Millie, an Abuse Victim Who Lost Her Children C. Wally, a Victim of Childhood Mental Illness II. Pre-Conviction Issues A. Crisis...

Discrimination, coercion, and the Bail Reform Act of 1984: the loss of the core constitutional protections of the excessive bail clause.
January 1, 2009... Introduction I. A Brief History of the Excessive Bail Clause of the Eighth Amendment A. The Petition of Right B. The Habeas Corpus Act of 1679 C. The Excessive Bail Clause of the English Bill of ...

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