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. 4, May

Condemning the Decisions of the Past: Eminent Domain and Democratic Accountability
Introduction I. Entrenchment by Another Name II. Eminent Domain in New York A. The Built Environment 1. Rejuvenating Times Square 2. Reclaiming the Waterfront B. Vested Rights 1. Reinventing Taxis 2. Rethinking...
Excluding Coerced Witness Testimony to Protect a Criminal Defendant's Right to Due Process of Law and Adequately Deter Police Misconduct
Introduction I. Police Coercion and Due Process A. Origins of Confession Jurisprudence B. Due Process Protection C. Custodial Interrogations and Police Compulsion D. The Exclusionary Rule and Standing ...
Gallenthin V. Kaur: A Comparative Analysis of How the New Jersey and New York Courts Approach Judicial Review of the Exercise of Eminent Domain for Redevelopment
Introduction I. Judicial Review of Agency Determinations A. New Jersey's Approach 1. Gallenthin Realty v. Borough of Paulsboro B. New York's Approach II. The Elusive Definition of "Blight" III. Whither "Underutilization" and "Blight?" ...
Let There Be Blight: Blight Condemnations in New York after Goldstein and Kaur
Introduction I. Background to the Two Cases A. The Background to Goldstein B. The Background to Kaur II. A Blight Unto the World: Upholding Unconstrained Blight Condemnations A. A Virtually Limitless Definition of Blight B....
Public Use in the Dirigiste Tradition: Private and Public Benefit in an Era of Agglomeration
ABSTRACT This Article analyzes the development of eminent domain law, focusing on the U.S. Supreme Court and the New York Court of Appeals' approach to the requirement that takings be for "public use." It asserts that the Supreme Court's public...
Reclaiming the Promise of the Judicial Branch: Toward a More Meaningful Standard of Judicial Review as Applied to New York Eminent Domain Law
INTRODUCTION I. The New York Approach to Eminent Domain Law II. "Blight" as a Standardless Standard III. A Blind Deference and the Potential for Abuse: The New York Courts' Reluctance to Second-Guess Agency Determinations IV. The Legislative...
Taking New York: Opportunities, Challenges & Dangers Posed by the Use of Eminent Domain in New York: A Symposium Presented by the Fordham Urban Law Journal
February 11, 2011 When we set out to develop the Symposium topic for the Fordham Urban Law Journal, we found inspiration in the recent court cases surrounding the Atlantic Yards project in Brooklyn and Columbia University's expansion in West Harlem...
The Problem with Pretext
"It is a familiar principle of constitutional law that [the Supreme Court] will not strike down an otherwise constitutional statute on the basis of an alleged illicit legislative motive." (1) Introduction I. A Brief History of Public Use, including...
The Use and Abuse of Blight in Eminent Domain
Introduction I. Blight Determinations: More Facilitating Than Limiting II. The Hierarchy of Uses III. Blight and Public Purpose in Columbia's Expansion in Manhattanville IV. Attempted Reforms V. Conflicting Political Forces VI. Creating...