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Fordham Urban Law Journal articles from March 2005
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 March 2005
Even more wrongful death: statutes divorced from reality.
March 1, 2005... INTRODUCTION
Conferences convening to discuss matters of legal interest to a particular group are important occasions for gathering information, updating an audience on relevant developments, and sharing recent experiences. More...
The future of sodomy.
March 1, 2005... The contaminant of sex, the redeeming corruption that de-idealizes the species and keeps us everlastingly mindful of the matter we are. (1)
INTRODUCTION
One evening in 1998, John Lawrence and Tyron Garner went to Lawrence's house and...
Sexual minorities, criminal justice, and the death penalty.
March 1, 2005... Of the myriad issues explored in panels and discussions over the past few days of this conference--from same-sex marriage to immigration and asylum--this particular panel explores a topic that should be of central importance to the lesbian,...
"Soft immutability" and "imputed gay identity": recent developments in transgender and sexual-orientation-based asylum law.
March 1, 2005... INTRODUCTION
Owing to a number of recent developments, U.S. asylum law is one of the most hospitable legal arenas for lesbian, gay, bisexual, and transgender ("LGBT") litigants. (1) Gays and lesbians have been protected as a "particular...
Uncharted territory: choosing an effective approach in transgender-based asylum claims.
March 1, 2005... PRELUDE
A client steps into your office to discuss an immigration matter. The client, Geovanni, appears to be an effeminate gay man, but Geovanni tells you that she is transgender and considers herself to be female. (1) As a result of her...
Reflections on "public service in a time of crisis".(New York)
March 1, 2005... INTRODUCTION
The New York and national legal community are to be commended for their organized, systematic response to 9/11. This Volume of the Fordham Urban Law Journal affords a valuable opportunity to consider the lessons derived from...
Pro bono writ large: the New York legal community's response to September 11.
March 1, 2005... I am delighted to have the opportunity to author a response to Public Service in a Time of Crisis, (1) a report and retrospective on the New York legal community's response to the events of September 11, 2001. It is an honor to be asked to...
Policing the police: the role of the courts and the prosecution.(New York)
March 1, 2005... The Conference on New York City's Criminal Courts asked, "Are We Achieving Justice." (1) Given that those courts contended with approximately 190,000 misdemeanor arrests in 2003, up from 130,000 in 1993, the question is increasingly relevant...
The unbearable "lite"ness of history: American sodomy laws from Bowers to Lawrence and the ramifications of announcing a new past.
March 1, 2005... "On the surface, an intelligible lie; underneath, the unintelligible truth" (1)
Contrary to the most powerful claims of originalist scholars, history is not equipped to protect the Constitution from politically motivated interpretations....