The Fordham urban law journal最新文献

{"title":"The abortion debate thirty years later: from choice to coercion.","authors":"Maureen Kramlich","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"31 3","pages":"783-804"},"PeriodicalIF":0.0,"publicationDate":"2004-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26023141","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"What Lawrence v. Texas says about the history and future of reproductive rights.","authors":"Cynthia Dailard","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"31 3","pages":"717-23"},"PeriodicalIF":0.0,"publicationDate":"2004-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26023136","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Winter count: taking stock of abortion rights after Casey and Carhart.","authors":"Caitlin E Borgmann","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"31 3","pages":"675-716"},"PeriodicalIF":0.0,"publicationDate":"2004-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26023135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Lethal experimentation on human beings: Roe's effect on bioethics.","authors":"William L Saunders","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"31 3","pages":"817-30"},"PeriodicalIF":0.0,"publicationDate":"2004-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26023143","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Econometric analyses of U.S. abortion policy: a critical review.","authors":"Jonathan Klick","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"31 3","pages":"751-82"},"PeriodicalIF":0.0,"publicationDate":"2004-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26023139","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Casey and its impact on abortion regulation.","authors":"Michael F Moses","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"31 3","pages":"805-15"},"PeriodicalIF":0.0,"publicationDate":"2004-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26023142","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Saving Roe is not enough: when religion controls healthcare.","authors":"Susan Berke Fogel, Lourdes A Rivera","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"31 3","pages":"725-49"},"PeriodicalIF":0.0,"publicationDate":"2004-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26023138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Are Collateral Sanctions Premised on Conduct or Conviction? The Case of Abortion Doctors","authors":"G. J. Chin","doi":"10.2139/SSRN.390120","DOIUrl":"https://doi.org/10.2139/SSRN.390120","url":null,"abstract":"When a disability is imposed because of a criminal conviction, it makes a great deal of difference whether it is categorized as a civil regulation, which governments may impose rather freely under the police power, or punishment which is subject to numerous restrictions under the Bill of Rights, such as the prohibitions on double jeopardy and ex post facto laws, and the requirements of jury trial, counsel, and proof beyond a reasonable doubt. This essay analyzes the first major Supreme Court case to explore the distinction, Hawker v. New York, decided in 1898, which dealt with a criminal prosecution of an abortion doctor. A majority of the Supreme Court held that denial of the right to practice medicine to those convicted of abortion was not punishment, it was merely a legislative judgment that persons who engaged in illegal behavior had bad moral character and thus were not entitled to a medical license. The sanction was based on the underlying conduct rather than the conviction itself; the conviction was merely a method of proof. Accordingly, the Court reasoned, imposing the disability on Hawker after his sentence had been fully served did not violate the ex post facto clause. This essay argues that the distinction Hawker attempted to draw quickly evaporated. The New York legislature established a regime of administrative disciplinary hearings, and granted medical administrators the discretion to impose whatever sanctions were appropriate, including temporary suspension rather than license revocation, on doctors found to have performed unlawful abortions in such hearings. Thus, conviction rather than conduct was the critical factor. This essay concludes by arguing that Hawker was on to something. If disqualification is genuinely based on conduct, it is likely to have a regulatory purpose; an applicant denied a position at a bank because of an embezzlement conviction is not being criminally punished. On the other hand, if a sanction is applied exclusively to those convicted of particular conduct, and not to those who admit the conduct, or are proved to have engaged in the conduct in civil, disciplinary or administrative proceedings, the legislative motivation may be punitive. For example, if an applicant for a medical license is automatically denied because of a conviction for tax evasion, when an applicant who admitted liability in a civil case charging precisely the same conduct could get a license, the automatic denial looks like punishment.","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"4 1","pages":"1685"},"PeriodicalIF":0.0,"publicationDate":"2003-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79259046","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Reciprocal Effects of Crime and Incarceration in New York City Neighborhoods","authors":"J. Fagan, Valerie West, Jan Holland","doi":"10.2139/SSRN.392120","DOIUrl":"https://doi.org/10.2139/SSRN.392120","url":null,"abstract":"The social concentration of incarceration among non-whites is a recurring theme in criminal justice research and legal scholarship. Despite robust evidence of its social concentration, few studies have examined its spatial concentration, or the effects of spatially concentrated incarceration over time on individuals and social areas. In this article, we examine the growth and spatial concentration of incarceration in police precincts and smaller homogeneous neighborhoods in New York City from 1985-96. We show that rates of incarceration spiked sharply after 1985 as crime rates rose. Higher incarceration rates persisted through the 1990s, and declined far more slowly after 1990 than did the sharply falling crime rates during the same period. We show that imprisonment rates are highest in the City's poorest neighborhoods and police precincts, although not necessarily the neighborhoods with the highest overall crime rates. We also show the perverse effects of incarceration on crime rates when analyzed at the precinct level: across the time series, higher incarceration rates predict higher crime rates one year later. We show that the growth of incarceration and its persistence over time are attributed primarily to two factors: drug enforcement and structured sentencing laws that mandate imprisonment for repeat felons. Neighborhoods with high rates of incarceration invite closer and more punitive police enforcement and parole surveillance, contributing to the growing number of repeat admissions and the resilience of incarceration even as crime rates fall. Incarceration begets more incarceration, and incarceration also begets more crime, which in turn invites more aggressive enforcement, which then re-supplies incarceration. We discuss three mechanisms that contribute to and reinforce incarceration in neighborhoods: the declining economic fortunes of former inmates and the effects on neighborhoods where they tend to reside, resource and relationship strains on families of prisoners that weaken the family's ability to supervise children, and voter disenfranchisement that weakens the political economy of neighborhoods.","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"7 1","pages":"1551"},"PeriodicalIF":0.0,"publicationDate":"2003-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83841292","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The physician as a conscientious objector.","authors":"J. Bleich","doi":"10.2139/SSRN.368640","DOIUrl":"https://doi.org/10.2139/SSRN.368640","url":null,"abstract":"On occasion a conflict arises between a physician's perceived moral obligation not to withhold treatment and a patient's right to refuse treatment. Arguments are cited in support of the position that, with prior notice, the physician's right should prevail. It is further argued that legislative action to remove lingering legal doubt would be appropriate.","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"30 1 1","pages":"245-65"},"PeriodicalIF":0.0,"publicationDate":"2003-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68623646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}