Fordham Urban Law Journal articles from July 2003

Fordham Urban Law Journal archives from July 2003

Introduction: the collateral consequences of imprisonment.
July 1, 2003... In these early years of the twenty-first century, the United States holds the dubious distinction of maintaining the world's largest prison system, both in absolute numbers and in per capita rate. (1) On a historical timeline, these are...

Statutory limitations on civil rights of people with criminal records.
July 1, 2003... A host of state and federal laws limit the civil rights of individuals with criminal records in a wide variety of settings. This Article describes statutory limitations in eight areas: ability to obtain employment, eligibility for public...

Barred from the vote: public attitudes toward the disenfranchisement of felons.
July 1, 2003... In the United States, except for slaves, servants, and paupers fed by the township, no one is without a vote and, hence, an indirect share in lawmaking. (1) --Alexis de Tocqueville The right to vote freely for the candidate of one's...

Reciprocal effects of crime and incarceration in New York city neighborhoods.
July 1, 2003... INTRODUCTION The concentration of incarceration in social groups and areas has emerged in the past decade as a topic of research and policy interest. This interest was fueled by several factors: persistent continued growth of incarceration...

La Bodega de la Familia: supporting parolees' reintegration within a family context.
July 1, 2003... I. THE CHALLENGE OF PAROLE AND REINTEGRATION Parole was developed with the goal of ensuring individuals a successful return to society after a period of incarceration. (1) Recidivism statistics suggest, however, that parole is not...

Abusing state power or controlling risk?: sex offender commitment and Sicherungverwahrung.
July 1, 2003... INTRODUCTION This Article addresses a paradigmatic, risk-based collateral sanction--the so-called "civil commitment" for "sexually predatory" offenders. Even though the number of individuals covered by such statutes is relatively small,...

Damage to family relationships as a collateral consequence of parental incarceration.
July 1, 2003... INTRODUCTION The most obvious and perhaps most serious collateral consequence of incarceration is family separation. Imprisonment undermines families and has a detrimental impact upon children, caretakers, and the communities in which they...

Are collateral sanctions premised on conduct or conviction? The case of abortion doctors.
July 1, 2003... INTRODUCTION Persons subject to collateral sanctions--disabilities that occur automatically upon conviction--often claim that those sections constitute unfair punishment. The standard response is that collateral sanctions are not...

Starting over with a clean slate: in praise of a forgotten section of the Model Penal Code.
July 1, 2003... There has been surprisingly little recognition of the fact that our system of penal law is largely flawed in one of its most basic aspects: it fails to provide accessible or effective means of fully restoring the social status of the reformed...

Determining the retroactive effect of laws altering the consequences of criminal convictions.
July 1, 2003... INTRODUCTION It has long been established that legislatures can pass laws that limit a person's rights based on past criminal convictions. (1) In Hawker v. People of New York, (2) the United States Supreme Court held that there was no ex...

No guns or butter for Thomas Bean: firearms disabilities and their occupational consequences.
July 1, 2003... INTRODUCTION The last thing that Thomas Bean expected on the evening he drove across the border into Mexico for some dinner was that he would end up staying there involuntarily for the next six months. When Bean, a firearms dealer by...