Fordham Urban Law Journal

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.

Articles from Vol. 38, No. 3, March

A Simple Approach to Preventing the Next Housing Crisis - Why We Need One, What One Would Look like, and Why Dodd-Frank Isn't It
Introduction I. The Move to Complexity and its Consequences II. The Simplicity Approach (or Why Not Follow Denmark?) III. The Choice-Is-Always-Good/Innovation-Is-Always-Good Objection IV. The Ownership Society Objection V. The Hard Reality of...
Building Policy through Collaborative Deliberation: A Reflection on Using Lessons from Practice to Inform Responses to the Mortgage Foreclosure Crisis
Introduction I. The Fall and Rise of "Local" in the Foreclosure Crisis II. Experience and Evidence from New Haven III. The Role of Counseling IV. The Opportunity Funding Corporation's Economic Stabilization White Paper Series: A Model for Informing...
Delegational Delusions: Why Judges Should Be Able to Delegate Reasonable Authority over Stated Supervised Release Conditions
Introduction I. Background A. Article III: Judicial Impartiality 1. Delegation: An "Essential Attribute" of the Administrative State 2. Punishment: Deference to Prison Authorities B. Supervised Release and the Sentencing Reform...
Financial Stability Is a Volume Business: A Comment on the Legal Infrastructure of Ex Post Consumer Debtor Protections
Introduction I. Household Debt and Financial Stability II. Household Debt and Legal Services III. Legal Services and Financial Stability: What Is To Be Done? Conclusion INTRODUCTION Professor Melissa B. Jacoby's essay (1) pays homage to Stewart...
Fostering Regionalism: Comment on the Promise and Perils of "New Regionalist" Approaches to Sustainable Communities
INTRODUCTION In The Promise and Perils of "New Regionalist" Approaches to Sustainable Communities, Professor Lisa Alexander provides a timely assessment of the U.S. Department of Housing and Urban Development's new Sustainable Communities Regional...
From Sound Bites to Sound Policy: Reclaiming the High Ground in Criminal Justice Policy-Making
Introduction I. Media Informs and Distorts Public Perceptions of Crime A. Distorting Effect of Extensive Media Coverage of Crime 1. Public Policy as an Expression of Powerlessness and Outrage 2.Media's Influence on the Perceptions...
Nondebtor Releases in Chapter 11 Reorganizations: A Limited Power
Introduction I. The History of Nondebtor Releases and Injunctions A. Basics of a Chapter 11 Proceeding 1. Bankruptcy Courts' Traditional Exercise of Jurisdiction Under Chapter 11 2. Bankruptcy Courts' Equitable Powers...
Reforming Regulation in the Markets for Home Loans
Introduction I. Current Events A. The Miller Bill 1. Appropriateness, Disclosure, and Assignee Liability 2. High-Cost Mortgages 3. Housing Counseling 4. Mortgage Servicing and Appraisal Activities ...
School Districts as Weathermen: The School's Ability to Reasonably Forecast Substantial Disruption to the School Environment from Students' Online Speech
Introduction I. The First Amendment, the Internet, and the Supreme Court's Limited Jurisprudence on Student Speech A. The First Amendment B. The Supreme Court's Jurisprudence on Student Speech C. The Internet II. Lower Courts'...
The Legal Infrastructure of Ex Post Consumer Debtor Protections
Introduction I. Functional Categories of Ex Post Debtor Protection II. Channels of Production of Ex Post Debtor Protection III. Implications of the Legal Infrastructure A. Should Debtor Protections be Bundled or Unbundled? B. How Does Legal...
The Promise and Perils of "New Regionalist" Approaches to Sustainable Communities
"There is a critical difference between going through the empty ritual of participation and having the real power needed to affect the outcome of the process." (1) Introduction I. New Regionalism's Response to the Failures of Local Government...