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. 40, No. 3, March

Aggregation and Urban Misdemeanors
ABSTRACT The urban misdemeanor process relies on a wide variety of informal groupings and aggregations. Order maintenance police arrest large numbers of people based on neighborhood, age, race, and other generalizations. Prosecutors and public defenders...
A Sum Uncertain: Preserving Due Process and Preventing Default Judgments in Consumer Debt Buyer Lawsuits in New York
2. Debt Collection Lawsuits in New York City In New York City, nearly all consumer debt cases are litigated in the city's Civil Court. The Civil Court was established in 1962 (187) and has monetary jurisdiction over claims up to $25,000. (188) By...
Community Control over Camera Surveillance: A Response to Bennett Capers' "Crime, Surveillance, and Communities"
Introduction I. Is Camera Surveillance a Search? II. When Should Camera Surveillance Be Authorized? III. Should Technology's Capacity to Deter Police Abuse Factor into Reasonableness Analysis? Conclusion INTRODUCTION In his provocative...
Crime, Surveillance, and Communities
ABSTRACT We have become a surveillance state. Cameras--both those controlled by the state, and those installed by private entities--watch our every move, at least in public. For the most part, courts have deemed this public surveillance to be beyond...
Fair Warning? the First Amendment, Compelled Commercial Disclosures, and Cigarette Warning Labels
Introduction: The Family Smoking Prevention and Tobacco Control Act I. Paths to Zauderer A. Origins of the Prohibition Against Compelled Speech B. Commercial Speech Jurisprudence C. Zauderer v. Office of Disciplinary Counsel of the...
Interrogation First, Miranda Warnings Afterward: A Critical Analysis of the Supreme Court's Approach to Delayed Miranda Warnings
1. Pre-Miranda Questioning and Statements Typically, courts first inquire into the length and completeness of the pre-Miranda questioning (173) and statements. (174) To undermine the Miranda warning, the initial interaction between a suspect and...
Policing, Protestors, and Discretion
Introduction I. Discretion in Enforcement II. Looking Beyond Formal Law: Process and Community A. Procedural Justice B. Community Policing III. Discretion, Police, and Protesters A. Rules of Engagement: Communication and Transparency...
Why Properly Policing a Movement Matters: A Response to Alafair Burke's "Policing, Protestors, and Discretion"
Decency, security, and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the...

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