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. 34, No. 5, October

A Tale of Two Greenways: A Comparative Study of Greenway Projects
INTRODUCTION In a recently developed smart growth (1) community located outside Portland, Oregon, the residents live in tall, narrow sculptured glass buildings, will travel via tram and the light rail system currently under construction, and socialize...
Choice of Law and Predictability of Decisions in Products Liability Cases
The tale of American choice of law principles has become the story of a thousand and one inconsistent tort cases. (1) --Alan Reed INTRODUCTION The unique political landscape of the United States, where each state is a sovereign over its territory...
Incompletely Theorized Agreements: An Unworkable Theory of Judicial Modesty
Much is expected from the judicial power of the United States. Expected to possess neither force nor will, (1) it must serve as a bulwark for discrete and insular minorities. (2) At the same time, it is expected to give effect to the will of the legislature....
Payton, Practical Wisdom, and the Pragmatist Judge: Is Payton's Goal to Prevent Unreasonable Entries or to Effectuate Home Arrests?
"What concerns us is not what the historical facts which appear at this or that time are, per se, but what they signify, what they point to, by appearing." (1) INTRODUCTION Imagine two police officers arrive at a suspect's home to execute an...
The Secret to Success: An Examination of New York State Mediation Related Litigation
In October 2006, I conducted a voluntary mediation session in a small claims court in New York City. After more than an hour of mediating, including caucuses with each party, the two former business associates failed to settle their dispute. The case...
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