Slideshow

Challenges to Achieving New York City’s Affordable Housing Goals: Reconciling Mandatory Inclusionary Housing, Community Preference Requirements, and Fair Housing Laws

May 26th, 2016

Challenges to Achieving New York City’s Affordable Housing Goals: Reconciling Mandatory Inclusionary Housing, Community Preference Requirements, and Fair Housing Laws

By Professor Andrea McArdle  I. Introduction Under the mayoral administration of Bill de Blasio, New York City has embarked on an ambitious affordable housing initiative mandating that real estate developers include below-market-rate units in rezoned areas of the city.  Although approved by the New York City Council, the policy faces continuing community opposition, the expiration of a state tax subsidy law that would have attracted developers to participate in the plan, and likely complications as a result of a lawsuit filed last year challenging a community preference provision the City enforces with its affordable housing projects. This series of developments presents a number of challenges to realizing   the City’s affordable housing goals.

Shut Out of Airbnb: A Proposal for Remedying Housing Discrimination in the Modern Sharing Economy

May 26th, 2016

Shut Out of Airbnb: A Proposal for Remedying Housing Discrimination in the Modern Sharing Economy

By Jamila Jefferson-Jones* Introduction The modern sharing economy[1] is a diverse marketplace made up of various types of organizations and structures, including shared housing.[2]  What ties these various components together is that they “generally facilitate community ownership, localized production, sharing, cooperation, [and] small scale enterprise.”[3]  The housing segment of the sharing economy is also a part of what has been termed the “experience economy.”[4]   Within the experience economy, “the crucial role of experiences [is] understood as (positive) emotions, values and identities in value creation.”[5]  Thus, in theory, the housing segment of the sharing economy combines both the community and trust elements of “sharing” and the freedom and adventure of the “experience.”

Ghomeshi Acquitted on All Charges: The Legal System’s Failure to Address Rape Trauma Syndrome in Prosecuting Sexual Assault

May 12th, 2016

Ghomeshi Acquitted on All Charges: The Legal System's Failure to Address Rape Trauma Syndrome in Prosecuting Sexual Assault

By Kate Ross  Last month, Canadian radio celebrity Jian Ghomeshi was acquitted of rape and assault, after three women who came forward faced antagonistic cross-examination on their memory lapses, delays in reporting the abuse, and failure to mention subsequent interactions with Ghomeshi.[1]  The complainants offered evidence that these gaps were irrelevant to the assaults or symptomatic of emotional confusion and trauma that often accompany experiences of sexual assault, but the judge found them fatal to the complainants’ credibility nevertheless.

Another SAT Overhaul May Fail NYC Minority Students

May 2nd, 2016

Another SAT Overhaul May Fail NYC Minority Students

The following post is a winning submission for the 2016 Jason Libou Online Writing Competition. Competitors were prompted to write a blog post on a topic of their choice relating to urban law and policy.  By Immanuel Kim  The College Board implemented a new version of the Standardized Admissions Test early this year, purportedly to even the playing field for students across various socioeconomic statuses. The test now focuses more on material that a typical high school student learns in school.  In other words, it is another means of testing student progress under the Common Core, an educational standard followed and adopted by most of the country, including New York State.  The redesign may leave New York City’s minority students less prepared for college than their recent predecessors.

How States Are Dealing with Unconstitutional Life Sentences for Juvenile Offenders

March 28th, 2016

How States Are Dealing with Unconstitutional Life Sentences for Juvenile Offenders

By Claire Glass In its 2012 ruling in Miller v. Alabama, the Supreme Court of the United States found mandatory life without parole sentences for juveniles violate the 8th Amendment, unfairly subjecting juveniles to the same sentences as their adult counterparts without giving  judges an opportunity to consider the defendant’s age and individual circumstances as mitigating factors. The landmark decision left unanswered, however, whether it would apply to the 2,500 some incarcerated people around the country already serving these unconstitutional sentences, and if so, what process should be employed for re-sentencing.

Scalia’s Legacy in Land Use Law

March 13th, 2016

Scalia's Legacy in Land Use Law

By Herbert Rosen After Supreme Court Associate Justice Antonin Scalia’s passing, much has been and will continue to be written about his landmark opinions, originalist/textualist methods of interpretation, and his words which inspired some and angered others. However, Scalia should also be recognized for his significant contributions to land use law.

2016 Fordham Urban Law Journal Alumni Banquet

February 26th, 2016

2016 Fordham Urban Law Journal Alumni Banquet

Please RSVP here Please join the Volume 43 Editorial Board and the Fordham Urban Law Journal Alumni Association for our annual Alumni Banquet at: Opia 130 E. 57th Street (located in the Renaissance Hotel) April 20, 2016 6:30 PM Cocktail Hour 7:30 PM Dinner Honoring the 2016 Lefkowitz Award Recipient: Maria L. Marcus Please RSVP here Alumni: $55/person Current Members: Free To purchase a ticket or to sponsor the event, please contact Alumni Association President, Jason Libou at jaylibou@gmail.com Please send dues and ticket payments to: Jason Libou 319 East 90th Street, Apt. 4A New York, NY 10128 or via PayPal to jaylibou@gmail.com If you encounter any difficulties with the RSVP form or have any other questions, please contact the Business Editor, Shai Vander at svander@fordham.edu

ULJ Cited in NYT Article on the Law and Bob Dylan

February 23rd, 2016

ULJ Cited in NYT Article on the Law and Bob Dylan

On Tuesday, Adam Liptak of the New York Times outlined the use of Bob Dylan quotes in judicial opinions in his article “How Does It Feel, Chief Justice Roberts, to Hone a Dylan Quote.”  The Liptak piece, which you should definitely check out, cites one of our articles published in 2010, “The Freewheelin’ Judiciary: A Bob Dylan Anthology” by Alex Long. Though it might seem like a law journal writing about Dylan is just blowin in the wind, ULJ actually dedicated its 2010 Symposium to Dylan, his music, and the legal landscape his work critiqued. So, if you’re looking to kick those subterranean homesick blues, but don’t have time to revisit highway 61, check out the symposium here!     Sources http://www.nytimes.com/2016/02/23/us/politics/how-does-it-feel-chief-justice-roberts-to-hone-a-dylan-quote.html http://ir.lawnet.fordham.edu/ulj/vol38/iss5/7/ http://ir.lawnet.fordham.edu/ulj/vol38/iss5/

Bike Wars: How NYC has dealt with litigation in the advent of the Citi Bike

February 18th, 2016

Bike Wars: How NYC has dealt with litigation in the advent of the Citi Bike

By Vinh Hua While policies that promote bicycle usage in urban environments are becoming more common, they remain a divisive issue among urban planners and city managers. Support for such policies is evidenced by the creation of bike lanes to the usage of bike-share programs like Citi Bike, while the governmental support or ambivalence to these programs is also the subject of both discussion and litigation.

Legal Battles in the Bay: Litigation over Gentrification in San Francisco

January 29th, 2016

Legal Battles in the Bay: Litigation over Gentrification in San Francisco

By Vinh Hua San Francisco is currently the site of a number of major battles over gentrification, as residents, developers, tech companies, tech professionals, and landlords fight for their interests in both the court of law and public opinion. San Francisco has become the most expensive city to live in the United States, even beating out Manhattan. The city has skyrocketing rents, as the growth of the tech-sector creates a burgeoning population of well-paid tech-sector employees. These professionals have driven demand for rental units through the roof, with rental prices soon following. A perfect storm of limited housing stock, market pressures, and transportation improvements allowing San Francisco neighborhoods to become more accessible to commuters, has made San Francisco the fastest gentrifying city in the United States.