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. 33, No. 2, January

A Return to Eyes on the Prize: Litigating under the Restored New York City Human Rights Law
"The Legislature, by enacting an amendment of a statute changing the language thereof, is deemed to have intended a material change in the law." --New York Statutes, Construction of Amendments (1) "The courts in construing a statute should consider...
Lessons Unlearned: Women Offenders, the Ethics of Care, and the Promise of Restorative Justice
Latasha, the child of an alcoholic father and herself an alcohol abuser by thirteen, was arrested at nineteen after she hit a police officer with a baseball bat. (1) The officer was attempting to arrest her when she tried to take her child back from...
Mad Women and Desperate Girls: Infanticide and Child Murder in Law and Myth
"Can a mother forget the baby at her breast and have no compassion for the child she has borne?" (1) Scarlet the Cat of Brooklyn, NY: "In a motherly show of courage, a cat raced into a burning building to rescue her five kittens, one by one. And...
Mother of Atrocities: Pauline Nyiramasuhuko's Role in the Rwandan Genocide
In the courtroom she prefers "plain high-necked dresses that show off a gleaming gold crucifix she usually wears." (1) "[H]er appearance in court suggest[s] a school teacher." (2) "With her hair pulled neatly back, her heavy glasses beside her on the...
Newfound Religion: Mothers, God, and Infanticide
Infanticide dates back to ancient times--in Greek city-states, for instance, disabled newborns were left outside to die of exposure) Other ancient cultures--including Muslim, Hindu, and Chinese cultures--practiced infanticide for varying reasons. (2)...
No Penis, No Problem
For eight months in 1999, a special education teacher in Montrose, New York had sex with several teenaged students during private, in-home tutoring sessions. (1) In December of 1998, a thirty year-old church choir supervisor in Shrewsbury, Massachusetts...
Rare and Inconsistent: The Death Penalty for Women
There is also overwhelming evidence that the death penalty is employed against men and not women ... It is difficult to understand why women have received such favored treatment since the purposes allegedly served by capital punishment seemingly...
Revisiting Anna Moscowitz Kross's Critique of New York City's Women's Court: The Continued Problem of Solving the "Problem" of Prostitution with Specialized Criminal Courts
I. INTRODUCTION Sex has been traded and sold at least since ancient times. Despite this history, in the United States, forceful anti-prostitution movements have periodically arisen. Such movements have been driven largely by individuals who, for...
Sex before Violence: Girls, Dating Violence, and (Perceived) Sexual Autonomy
INTRODUCTION Something amiss is happening to adolescent girls on their way to womanhood. It appears that girls today are experiencing violence, both as victims and as perpetrators, to a far greater extent than a generation ago. (1) Thus, they are...
Sexual Abuse of Women in United States Prisons: A Modern Corollary of Slavery
I. INTRODUCTION I initially began working on this paper in connection with a project that looked at the transatlantic abolition movement in the United States and Europe from 1830 to 1870 with a focus on early feminist efforts. (1) In that initial...
The Construction of Pregnant Drug-Using Women as Criminal Perpetrators
"[W]hat the law tells us to do is not as important as what the law tells us to be." (1) Despite clear lack of intent to harm those whom they carry, drug-using pregnant women have been constructed as de facto criminal perpetrators. When women become...
Women as Perpetrators: Does Motherhood Have a Reformative Effect on Prostitution?
An incarcerated prostitute, who had just given birth to a baby girl, awaited the hearing on her decision to give up her child for adoption. (1) As her gaze drifted toward the counselors and social workers who had assisted her in the adoptive placement...
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