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Fordham Urban Law Journal articles from September 2003
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 September 2003
A new code of ethics for commercial arbitrators: The neutrality of party-appointed arbitrators on a tripartite panel.
September 1, 2003... This natural right of self-regulation is a precious possession of a democratic society, for it embodies the principles of independence, self-reliance, equality, integrity, and responsibility, all of which are of inestimable value to any...
Old whine in a new battle: pragmatic approaches to balancing the Twenty-First Amendment, the dormant commerce clause, and the direct shipping of wine.
September 1, 2003... INTRODUCTION
There are only two ways an ordinary citizen acting in a private capacity can violate the United States Constitution. One is to enslave someone, violating the Thirteenth Amendment, and the other is to bring a bottle of wine...
The scope of police questioning during a routine traffic stop: do questions outside the scope of the original justification for the stop create impermissible seizures if they do not prolong the stop?
September 1, 2003... INTRODUCTION
A police officer makes a routine traffic stop of a vehicle with a cracked windshield? He questions the driver about the windshield and asks for the driver's license and registration. (2) While the officer checks the...
A second take: re-examining our regulatory takings jurisprudence post-Tahoe.
September 1, 2003... INTRODUCTION
The protection of private property in the Fifth Amendment presupposes that it is wanted for public use, but provides that it shall not be taken for such use without compensation.... When this seemingly absolute protection is...
Day laborers, friend or foe: a survey of community responses.
September 1, 2003... INTRODUCTION
A landscaper named Ausencio is hanging seventy-five feet in the air suspended by only a two-inch rope as he attempts to trim a tree. (1) In one hand, he holds a chainsaw while with the other he tries to keep himself stable....
Does a marriage really need sex? A critical analysis of the gender restriction on marriage.
September 1, 2003... INTRODUCTION
Marriage seems like an uncomplicated institution at first blush. Many people, beginning in childhood, think that marriage is something for which they should strive as a routine part of adult life. It seems that much of a...
Examining how the inclusion of disabled students into the general classroom may affect non-disabled classmates.
September 1, 2003... INTRODUCTION
The Individuals with Disabilities Education Act ("IDEA") affords disabled students the right to be educated alongside non-disabled students in the general classroom) Specifically, [section] 1412(5)(b) of Title 20 of the IDEA...
Identity crisis: the obsolescence of Jasopersaud v. Rho and the medical malpractice expert exception.(New York)
September 1, 2003... INTRODUCTION
During a recent thriller directed by the late Stanley Kubrick, (1) Tom Cruise, playing Doctor William Harford, embarks on a voyage of both geographic and psychological distance. Under the spell of extreme jealousy, he walks...
Watching out for grandma: video cameras in nursing homes may help to eliminate abuse.
September 1, 2003... INTRODUCTION
Advocates for the elderly have proposed that video surveillance could provide the necessary solution to a growing epidemic of abuse violations in nursing homes throughout the country. (1) Although there would appear to be few...