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. 39, No. 4, May

Does Heather Have Two Mommies? the Importance of Full Faith and Credit Recognition for Adoptions by Same-Sex Couples
Introduction I. Are States Required to Give Full Faith and Credit to Valid Adoptions in Sister States? A. The Full Faith and Credit Clause, Its Limitations, and Its Interplay with the Effects Clause 1. The Difference Between...
Free and Open Source Software in Municipal Procurement: The Challenges and Benefits of Cooperation
ABSTRACT The use of free and open source software by municipal governments is the exception rather than the rule. This is due to a variety of factors, including a failure of many municipal procurement policies to take into account the benefits of...
Occupy Our Occupations: Why "We Are the 99%" Resonates with Working People and What We Can Do to Fix the American Workplace
Introduction I. Workers Are Falling Behind A. Running Faster to Stay in Place B. Where Have All the Good Jobs Gone? C. Wage Theft and the Decline of the Organizations that Fight It II. The Decline of Standard Work A. You...
Occupy the Parks: Restoring the Right to Overnight Protest in Public Parks
Introduction I. Sleeping Overnight in a Park as First Amendment Protected Conduct II. Government Regulation of First Amendment Protected Communicative Conduct III. The Occupy Movement in a Post-Rock World IV. Restoring the Right to Overnight...
Occupy Wall Street and International Human Rights
"We are the 99 percent" is a great slogan. It correctly defines the issue as being the middle class versus the elite (as opposed to the middle class versus the poor). (1) Introduction I. Does Economic Inequality Violate International Human ...
Reconsidering the Theoretical Accuracy and Prosecutorial Effectiveness of International Tribunals' Ad Hoc Approaches to Conceptualizing Crimes of Sexual Violence as War Crimes, Crimes against Humanity, and Acts of Genocide
Introduction I. The Evolving Status of Sexual Violence in International Law A. Proscription of Sexual Violence in Modern International Humanitarian Law B. Prosecution of Crimes of Sexual Violence by International Tribunals...
Representing an Idea: How Occupy Wall Street's Attorneys Overcame the Challenges of Representing Non-Hierarchical Movements
Introduction I. Occupy Wall Street: New York Activists and Lawyers In The Spotlight II. Other Occupations and Their Legal Battles A. Meet The Occupy Lawyers B. "Client" Communication 1. Nashville 2. Portland ...
RLUIPA Is a Bridge Too Far: Inconvenience Is Not Discrimination
Introduction I. The Pre-Existing Constitutional Protections for Landowners in the Land Use Process, and the Movement Under RLUIPA Toward Making Cost and Convenience Sufficient to Avoid Local Land Use Laws A. Due Process for Ali...
RLUIPA: Necessary, Modest, and Under-Enforced
Introduction I. The Need for RLUIPA A. Religious or Racial Hostility B. NIMBY Resistance C. Taxes and Commerce D. Collective Action II. Moderate Enforcement of RLUIPA A. No Avoiding the Land-Use Process B. No Free Pass...
The Effect of RLUIPA's Land Use Provisions on Local Governments
Introduction A. The Legal Context for RLUIPA B. The Social Context for RLUIPA C. The Land Use Regulation Context for RLUIPA I. RLUIPA Basics A. Coverage and Claims B. Constitutionality C. RLUIPA Litigation D. Role of the...
The Housing Crash and the End of American Citizenship
No man who owns his own house and lot can be a Communist. He has too much to do. (1) William Levitt, architect of post-WW II suburbia We have a lot of kids graduating college, can't find jobs.... That's what happened in Cairo. That's what happened...
The Right to Occupy - Occupy Wall Street and the First Amendment
Eternal vigilance is the price of liberty--power is ever stealing from the many to the few. (1) Wendell Phillips, January 28, 1852 Introduction I. Symbolic Speech II. Symbolic Sleeping and the Courts III. The Landscape of Symbolic Sleep Protection...