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. 42, No. 2, December

Apples-to-Fish: Public and Private Prison Cost Comparisons
Introduction I. Background A. Studies with Favorable Findings B. Equivocal and Adverse Research Results II. Difficulties in Public-Private Comparisons III. Cost-Shifting Factors A. Prisoner Population Differences B. Security...
Apples-to-Fish: Public and Private Prison Cost Comparisons
D. Transportation Costs The cost of transporting prisoners to and from privately-operated facilities is sometimes paid by the public agency rather than the private prison company. For example, a 2010 contract between Florida and MTC for operation...
Are Private Prisons to Blame for Mass Incarceration and Its Evils? Prison Conditions, Neoliberalism, and Public Choice
ABSTRACT One of the frequently criticized aspects of American mass incarceration, privatized incarceration, is frequently considered worse, by definition, than public incarceration for both philosophicalethical reasons and because its for-profit...
Has All Heck Broken Loose? Examining Heck's Favorable-Termination Requirement in the Second Circuit after Poventud V City of New York
5. The Tenth Circuit In 2010, the Tenth Circuit in Cohen v. Longshore (171) confronted Heck's applicability to false imprisonment claims based on allegedly unlawful immigration detention. The court held that "[i]f a petitioner is unable to obtain...
Has All Heck Broken Loose? Examining Heck's Favorable-Termination Requirement in the Second Circuit after Poventud V. City of New York
Introduction I. Background: The Statutory Framework and Supreme Court Jurisprudence A. Section 1983 and Habeas 1. Section 1983 2. Habeas 3. Collisions at the Intersection B. Heck and Spencer ...
Prison Privatization and Inmate Labor in the Global Economy: Reframing the Debate over Private Prisons
Introduction I. Prison Privatization as a Domestic Face of Globalization A. The Global Context: Privatization and Neoliberalization B. Privatization, Outsourcing, Deregulation, and Globalization: A Historical Perspective...
Prison Privatization and Inmate Labor in the Global Economy: Reframing the Debate over Private Prisons
II. PRISON PRIVATIZATION AND PRISON LABOR The previous discussion argues for lengthening the chronology of prison privatization so as to include the privatization movement in history in an integral way. Doing so adds at least a decade to the story....
To Call or Not to Call: Compelling Witnesses to Appear before Congress
Introduction I. The Tension Between the Individual Fifth Amendment Right Against Self-Incrimination and Congress's Investigative Authority II. Three Approaches to Balancing the Witness's Privilege Against Self-Incrimination with...
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