Current Issue (49.1)

Our Best Shot: The Legality and Options Surrounding Vaccinations

Statement against Racial Violence

The Fordham Urban Law Journal condemns the systemic violence against Black people in the United States and worldwide. We stand in solidarity with our Black peers in Fordham’s Black Law Student Association (BLSA) and with the larger Black community. We also vehemently support the Black Lives Matter Movement because Black lives matter, and Black people deserve better.

We recognize that anti-Blackness is endemic in American society, and it does not start or end with the criminal justice or judicial systems. There are systematic voting, housing, education, employment, and health care policies and practices that were and are in place to oppress Black people across the nation. As law students, we are in a unique position to work towards ending anti-Blackness. And as a law journal, it is our duty to educate about and be a platform for the rights and voices of the oppressed and marginalized in the law and society. It is also imperative that we continuously advocate for change through interdisciplinary dialogue in the pages of our Journal and our symposia.

In order for us to stand in solidarity with our Black peers and the larger Black community and be sincere and impactful allies, we must simultaneously address the anti-Blackness within our school community and current Journal practices and policies. As such, the Fordham Urban Law Journal commits to the following actions as a starting point:

  • Creating internal policies and practices to diversify our staff and leadership positions;
  • Collaborating with both external and Fordham public interest groups and initiatives that address legal issues impacting the Black community;
  • Encouraging the involvement of board members and staffers in public service initiatives;
  • Making greater conscious efforts to include more Black writers and authors in our publications. Ensuring the Senior Articles Editor, Colloquium Editor, and Symposium Editor select authors and presenters who represent a diverse range of backgrounds and experiences;
  • Inviting more Black legal scholars, practitioners, and leaders to speak at our colloquiums and symposiums and contribute to the respective books;
  • Holding the administration accountable and demanding:
    • It recruit, admit, and offer scholarships to more Black students;
    • It provide Black students with substantial institutional support to alleviate some systemic discriminatory impacts;
    • At least one mandatory instructional unit, for every mandatory 1L doctrinal class, that directly addresses the substantive legal history and impact of/on race, class, diversity, and inequity (e.g., Criminal Law should include, at the least, a unit on “Racism and Criminal Law”), and a mandatory upper-level Critical Race Theory class;
    • Access to race-conscious mental health resources, like the New York City People of Color Healing Circle within your free counseling programs to help Black students and students of color navigate the trauma of attending a predominantly white institution;
    • Create, and make public, clear goals for increasing the number of faculty of color, particularly Black faculty, and include gender diversity in that effort.

We strongly encourage our members and anyone else to read BLSA’s “Statement Against Recent Acts of Racial Violence,” donate to bailout, protest, community, and mental health funds, and read literature on systemic anti-Blackness. At the broader level, we demand justice for Breonna Taylor, Tony McDade, George Floyd, Ahmaud Arbery, David McAtee, and countless others who did not garner national attention.

To say we mourn for Black people who are victims of police brutality, grieve with survivors and/or families of survivors, and condemn continuing anti-Black enforcement, criminal justice, and judicial practices is and will never be enough. We hope, however, to help alleviate some of the institutional anti-Blackness in higher education and help make law school safer and “more equitable” for Black law students.

Sincerely,
Volume XLVIII Editorial Board and Staff

 

2019 Cooper-Walsh Colloquium: Urban Intelligence and the Emerging City

The Fordham University School of Law Urban Law Journal presents the:
2019 Cooper-Walsh Colloquium:
Urban Intelligence and the Emerging City
Friday, October 25th, 2019
8:30 A.M. – 5:30 P.M.
CLE Credit Will Be Available

Fordham Law School
Costantino Room (Second Floor)
150 West 62nd Street
New York, NY 10023

REGISTER HERE

Urban intelligence is the operationalization of data in urban spaces through data analytics, machine learning, and artificial intelligence. An ever-growing field, urban intelligence is transforming urban spaces, behavior, and governance.  While urban intelligence may empower cities to improve efficiencies in areas such as infrastructure, sustainability, and social services, its increasing use implicates a myriad of rights, including privacy, due process, and equal access.  As users and consumers of urban intelligence, urbanites face inevitable growing pains, particularly by way of the use of data which may reflect racial, gender, economic, and ethnic biases of the past and present.

The inevitable growth and consequent reach of urban intelligence necessitates increased investigation into the phenomenon’s regulatory and rights-based consequences.  The 2019 Fordham Urban Law Journal CooperWalsh Colloquium provides such a forum.  Alongside urban intelligence industry leaders – from developers to regulators, and practitioners to academics – the Colloquium promises to be a lively and diverse conversation on the challenges, possibilities, and ways forward in the intersection of urban intelligence and the law.

AGENDA:

Check-in and Breakfast
8:30 A.M – 9:00 AM

Join us for coffee and breakfast before the Colloquium begins!

Panel 1 – The Evolution of Urban Intelligence
9:00 A.M. – 10:00 A.M.

Urban intelligence is increasingly ubiquitous within urban living and governance. To anticipate what is to come in the arena of urban intelligence, from technological, to regulatory, to social and legal consequences, we must understand the field’s roots. The first panel will provide a common baseline from which Colloquium participants may grow. Broadly speaking, what is urban intelligence? What technological advancements and regulatory schemes have brought us to where we are today? What are, and what have been, the sociological and legal implications of this growth? Who, or what, is at the center of the end product of urban intelligence?

Panelists: 
Nestor Davidson, Albert A. Walsh Chair in Real Estate, Land Use, & Property Law & Faculty Director, Urban Law Center at Fordham Law School
Constantine E. Kontokosta, Associate Professor of Urban Science and Planning, Marron Institute; Director, Urban Intelligence Lab; Director, Civic Analytics; Associated Faculty, Department of Civil and Urban Engineering at New York University
Arnaud Sahuguet, Project Lead for the Urban Tech Hub at the Jacobs Technion-Cornell Institute
Dan Wu, Privacy Counsel & Legal Engineer at Immuta
Moderator:
Geeta Tewari, Associate Director | Urban Law Fellow, Urban Law Center, Fordham Law School

Panel 2 – Urban Intelligence, Governance, and Social Services
10:15 A.M – 11:30 A.M.

Machine learning and artificial intelligence are increasingly used in governance decisions, including the allocation of social services and welfare. Cities are uniquely well suited to the collection of such information, and consequent actions based on collected information, due to population density. Predictive analytics contribute to determinations of governance, child welfare and homeless services, as well as to the distribution of food stamps, and other social benefits. What are the legal, social, and regulatory implications of such provisions? What are the possible benefits and challenges?

Panelists:
Greta Byrum, Co-Director of the Digital Equity Laboratory at The New School
Ellen P. Goodman, Professor of Law at Rutgers Law School
Shaina Horowitz, Vice President of Product & Programs at New Lab
Stefaan G. Verhulst, Co-Founder & Chief Research & Development Officer of the Governance Laboratory at New York University
Moderator:
Olivier Sylvain, Professor of Law and Director of the McGannon Center for Communications Research, Fordham Law School

Panel 3 – Urban Intelligence and Public Safety
11:45 A.M. – 1:00 P.M.

Urban intelligence allows for the collection and aggregation of data, often collected in the name of public safety and security. Initiatives to combat violence and terrorism include facial recognition, predictive policing, and vulnerability assessment tools, all operating within urban bounds. This panel seeks to understand how personal data is collected, assessed, and the costs and benefits associated with the collection of the data and its application in urban environs. How do cities gather such information? How do they contract with private companies? What kind of oversight exists in such agreements? What rights are implicated? How does an era of combatting domestic terrorism compare in surveillance considerations to one in which foreign terrorism is the primary focus?

Panelists:
Chad Marlow, Senior Advocacy & Policy Council at the American Civil Liberties Union (ACLU)
Kelly Orians, Rising Foundations
Shreya Subramani, Anthropologist at Princeton University
Moderator:
Albert Fox Cahn, Founder and Executive Director, S.T.O.P.

Lunch Break
1:00 P.M. – 2:00 P.M

Panel 4 – Urban Intelligence and the Built Environment
2:00 P.M. – 3:15 P.M.

From autonomous vehicles to public broadband, and smart lighting to sensor-powered common payment system applications, urban intelligence is transforming the ways in which urbanites interact with the built environment. This panel will investigate how the cyber environment interacts with the built environment, and the effect of that interaction on engagement of and between individuals, governance structures, and other forms of technology. What do governments hope to achieve through their use? What considerations are contemplated in deploying such technologies? How are privacy considerations, and the preservation of legal rights, weighed against services rendered?

Panelists:
James Koenig, Co-Chair & Partner, Privacy & Cybersecurity at Fenwick & West LLP
Bilyana Petkova, Assistant Professor, Department of International & European Law at Maastricht University; Associate Scholar, Yale Information Society Project
Ira Rubinstein, Senior Fellow, Information Law Institute at New York University School of Law
Olivier Sylvain, Professor of Law & Director of the McGannon Center for Communications Research at Fordham Law School
Moderator:
Nestor Davidson, Albert A. Walsh Chair in Real Estate, Land Use, & Property Law & Faculty Director, Urban Law Center at Fordham Law School

Panel 5 – Closing Plenary: A Comparative Perspective
3:30 P.M. – 4:15 P.M.

We will close the Colloquium with a plenary, where panelists and attendees will collectively discuss the implementation and ramifications of the use urban intelligence in various cities, while looking to the future of the use of data in urban areas. In having learned of the use of urban intelligence in contexts of the built environment, public safety, governance, and social services, how might a rights-based approach to urban intelligence be implemented? Should it be?

Panelists:
Martha F. Davis, Associate Dean for Experiential Education, Professor of Law, & Faculty Director of the human rights program and the NuLawLab at Northeastern University School of Law
Sheila R. Foster, Scott K. Ginsburg Professor of Urban Law & Policy at Georgetown University; Co-Director of LabGov
John Wagner Givens, Assistant Professor, School of Government & International Affairs at Kennesaw State University
Moderator:
Susan Block-Lieb, Professor of Law and Cooper Family Chair of Urban Legal Studies, Fordham Law School

Wine & Cheese Reception
4:15 P.M. – 5:30 P.M.

Fordham Law Women 2nd Annual Symposium

This Friday, September 27th, we invite you to attend the Second Annual Fordham Law Women Symposium!

About the Symposium:

Last year, Fordham Law Women hosted its first ever symposium, a collaboration with all six of Fordham Law School’s journals, to commemorate 100 Years of Women at Fordham Law.  As the name of the symposium suggests, Fordham Law Women organized a day of highlighting legal issues that disproportionately affect women, through the lens of each journal’s specialty area.  This year, Fordham Law Women’s second annual symposium will continue the student organization’s mission of bringing important gender and policy issues to the attention of members of the Fordham Law and New York legal community.

Fordham Urban Law Journal is especially proud to team up with the Fordham Journal of Corporate & Financial Law to sponsor a panel on Impact Investing For Women. This panel is scheduled from 1:30 – 2:20 PM.  Don’t miss it!

Impact investing by women and for women is essential to narrowing the gender investing gap. Women have had less of a stake in venture capitalism and angel investments. The gender investment gap is the final frontier in paving the path for the long-term financial welfare and prosperity for women on a global scale. Becoming stakeholders and decision-makers in the global deployment of capital will enable women to shape their destiny — one that, until now, has primarily been decided by men. This panel seeks to address how impact investing with a gender lens supports women-led companies, investors, female entrepreneurs, and social enterprises, and how emerging initiatives can help or hinder this progress.  The panel will also address how investors, men and women included, in general can close the gender investing gap.

Moderator:

Bernice Grant, Senior Director of Entrepreneurial Law Program at Fordham Law School

Bernice Grant is the Senior Director of the Entrepreneurial Law Program and Founding Director of the Entrepreneurial Law Clinic at Fordham University School of Law.

Before joining Fordham, she was the Clinical Supervisor and Lecturer of the Entrepreneurship Legal Clinic at the University of Pennsylvania Law School. She previously taught at New York University School of Law, where she was an Acting Assistant Professor and Associate Director of the Lawyering Program. Before entering academia, she was a Corporate Associate at Davis Polk & Wardwell LLP. She has also worked as Of Counsel to a transactional boutique law firm, Bryant Rabbino LLP.

She received her JD from Harvard Law School, and an L.L.M. from New York University School of Law. Before becoming an attorney, she received a B.S., magna cum laude, and M.S. in Accounting from Wake Forest University School of Business, then worked as a Certified Public Accountant at an international accounting firm.

 Speakers:

Ana Demel, Adjunct Professor of Law and Partner, Vice-chair of the board of Pro Mujer, Inc. and former partner at Cleary Gottlieb Steen & Hamilton LLC

Ana Demel teaches The Law and Business of Social Enterprise, Financing Development, and Project Finance at NYU School of Law; she is a member of the board of Pro Mujer. Prior to 2009, Ana was a partner at the international law firm of Cleary Gottlieb Steen & Hamilton, LLP where her practice focused on international financing and business transactions, particularly in Latin America. At Cleary Gottlieb she advised private and public sector clients on a variety of transactions, including structured finance and project finance as well as sovereign debt restructurings and mergers and acquisitions. In addition, she was involved in pro bono matters involving microfinance.

Mary Rose Brusewitz, Partner-in-Charge at Clark Hill PLC and Pro Bono Supervising Attorney at New York University School of Law

Mary Rose Brusewitz is a member in charge of Clark Hill’s New York office. She concentrates her practice on international transactions involving Latin America, Africa, Asia, India, Europe, and the US.

Brusewitz is active in impact investing, sustainability, accountability, ESG/SDG compliance, and corporate governance. She represents a provider of currency hedging to the impact space, as well as several funds active in investing debt and equity in sectors including microfinancing, solar energy, retail, sanitation, and housing. She has substantial experience in emerging markets development and finance. Areas include infrastructure, water, power, oil and gas, renewable energy, and mining. Her expertise includes structuring, implementing, administering, and exiting impact debt and equity investments; coordinating groups of investors, including DFIs, privately managed funds, commercial banks, for-profits, and nonprofits; blended capital structures; project and structured financing; private equity; cross-border investments; joint ventures; restructurings; workouts; insolvencies; and dispute resolution and mediation.

Brusewitz contributes substantial time and expertise on a pro bono basis for impact clients. She was a compliance panel member and panel chair of the independent accountability mechanism of the Inter-American Development Bank. She is a pro bono supervising attorney at the International Transactions Clinic at New York University School of Law.

Loretta McCarthy, Managing Partner of Angel Network at Golden Seeds

Loretta McCarthy is Managing Partner, responsible for the Golden Seeds angel network nationwide, including member cultivation, orientation, and engagement.  Golden Seeds is a New York-based private equity fund focused on early-stage women-led businesses. It operates with the goal of raising substantial capital for women entrepreneurs and to encourage both women and men to become active venture investors, by providing a venue where they could learn and work together.

She is a frequent speaker – in the United States and internationally – about early-stage investing, women entrepreneurs and gender diversity. Prior to Golden Seeds, she was Executive Vice President and Chief Marketing Officer at OppenheimerFunds, a leading asset management firm, as well as Vice President of Marketing at American Express. She brings to this role deep experience in strategy, marketing, product development, public affairs, and corporate communications. She has extensive experience serving on boards of directors of corporations and non-profit organizations.

See you there!

Volume 46, Book 4: Human Impacts of Criminalization and Collateral Consequences

ARTICLES

Barbers, Caregivers, and the “Disciplinary Subject”: Occupational Licensure for People with Criminal Justice Backgrounds in the United States
Alec C. Ewald

Undoing the Bail Myth: Pretrial Reforms to End Mass Incarceration
Insha Rahman

ESSAYS

Diary of a Civil Public Defender: Critical Lessons for Achieving Transformative Change on Behalf of Communities
Runa Rajagopal

NOTES

The “White” to Bear Arms: How Immunity Provisions in Stand Your Ground Statutes Lead to An Unequal Application of The Law for Black Gun Owners
Victoria Bell

 

Volume 46, Book 3: Remodeling Sanctuary: Urban Immigration in a New Era

ARTICLES
Contextualizing Sanctuary Policy Development in the United States: Conceptual and Constitutional Underpinnings, 1979 to 2018
Allan Colbern, Melanie Amoroso-Pohl, & Courtney Gutiérrez

Unsettling Immigration Laws: Settler Colonialism and the U.S. Immigration Legal System
Monika Batra Kashyap

ESSAYS
Universities as Vehicles for Immigrant Integration
Kit Johnson

Applying the U.S. Constitution Abroad, from the Era of the U.S. Founding to the Modern Age
Alina Veneziano

NOTES
Separate But (Still Un)equal: Challenging School Segregation in New York City
Gabrielle Kornblau

Weaning Drug Manufacturers Off Their Painkiller: Creating an Exception to the Learned Intermediary Doctrine in Light of the Opioid Crisis
Max Roberts

Second Circuit, Eastern District of Michigan, and Utah Court of Appeals Cite the ULJ

The Second Circuit recently cited to Mary Pennisi’s article, A Herculean Leap for the Hard Case of Post-Acquisition Claims: Interpreting Fair Housing Act Section 3604(B) After Modesto, in its opinion for Francis v. King Park Manor, Inc., No. 15-1823-cv, 2019 U.S. App. LEXIS 6486, at *15 n.6 (2d Cir. Mar. 4, 2019).  This article from Book 37.4 was cited as scholarship confirming that §§ 3604(b) and 3617 of the Fair Housing Act encompass post-acquisition claims.

The Eastern District of Michigan cited to a student note by Rebecca Laitman from Book 45.3Fourth Amendment Flagrancy: What It Is, and What It Is Not, in its opinion for United States v. Gordon, 346 F. Supp. 3d 999, 1007 n.7 (E.D. Mich. 2018).

The Utah Court of Appeals recently cited to Michal Gilad, Abraham Gutman, and Stephen P. Chawaga’s article from Book 46.1The Snowball Effect of Crime and Violence: Measuring the Triple-C Impact, in its opinion for Interest of C.C.W., 2019 UT App 34, ¶ 20 & n.6.

 

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