The Fordham urban law journal最新文献

{"title":"Addressing Urban Transportation Equity in the United States","authors":"R. Bullard","doi":"10.7551/mitpress/8087.003.0013","DOIUrl":"https://doi.org/10.7551/mitpress/8087.003.0013","url":null,"abstract":"INTRODUCTION In the United States, all communities do not receive the same benefits from transportation advancements and investments. (1) Despite the heroic efforts and the monumental social and economic gains made over the decades, transportation remains a civil rights issue. (2) Transportation touches every aspect of where we live, work, play, and go to school, as well as the physical and natural world. Transportation also plays a pivotal role in shaping human interaction, economic mobility, and sustainability. (3) Transportation provides access to opportunity and serves as a key component in addressing poverty, unemployment, and equal opportunity goals while ensuring access to education, health care, and other public services. (4) Transportation equity is consistent with the goals of the larger civil rights movement and the environmental justice movement. (5) For millions, transportation is defined as a basic right. (6) Transportation is basic to many other quality of life indicators such as health, education, employment, economic development, access to municipal services, residential mobility, and environmental quality. (7) The continued residential segregation of people of color away from suburban job centers (where public transit is inadequate or nonexistent) may signal a new urban crisis and a new form of \"residential apartheid.\" (8) Transportation investments, enhancements, and financial resources have provided advantages for some communities, while at the same time, other communities have been disadvantaged by transportation decision making. (9) I. OLD WARS, NEW BATTLES In 1896, the United States Supreme Court wrestled with this question of the different treatment accorded blacks and whites. (10) In Plessy v. Ferguson, the Supreme Court examined the constitutionality of Louisiana laws that provided for the segregation of railroad car seating by race. (11) The court upheld the \"white section\" and \"colored section\" Jim Crow seating law, contending that segregation did not violate any rights guaranteed by the Constitution. (12) In 1953, nearly four decades after the Plessy decision relegated blacks to the back of the bus, African Americans in Baton Rouge, the capital of Louisiana, staged the nation's first successful bus boycott. (13) African Americans accounted for the overwhelming majority of Baton Rouge bus riders and two-thirds of the bus company's revenue. (14) Their economic boycott effectively disrupted the financial stability of the bus company, costing it over $1600 a day. (15) The successful Baton Rouge bus boycott occurred two years before the famous 1954 Supreme Court decision in Brown v. Board of Education declared \"separate but equal\" unconstitutional. (16) On December 1, 1955, in Montgomery, Alabama, Rosa Parks ignited the modern civil rights movement. (17) Mrs. Parks refused to give up her bus seat to a white man in defiance of local Jim Crow laws. (18) Her action sparked new leadership around transportation and civil rights","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"59 1","pages":"1183"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83213855","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":"Religious contributions to the bioethics debate: utilizing legal rights while avoiding scientific temptations.","authors":"Steven Goldberg","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"30 1","pages":"35-45"},"PeriodicalIF":0.0,"publicationDate":"2002-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25263197","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":"Catholic teaching and the law concerning the new reproductive technologies.","authors":"Helen M Alvare","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"30 1","pages":"107-34"},"PeriodicalIF":0.0,"publicationDate":"2002-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25263201","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":"Assisted reproductive technologies and the Constitution.","authors":"Carl H Coleman","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"30 1","pages":"57-70"},"PeriodicalIF":0.0,"publicationDate":"2002-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25263198","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":"A goodness-of-fit ethic for informed consent.","authors":"C. Fisher","doi":"10.1093/oso/9780195169850.003.0016","DOIUrl":"https://doi.org/10.1093/oso/9780195169850.003.0016","url":null,"abstract":"INTRODUCTION The orientation of legal advocates and social policy makers regarding the rights of the mentally infirm has shifted considerably over the years. Historically, adults with known mental disorders were presumed incompetent and restricted from opportunities to make decisions for themselves. (1) Disregard for the rights of institutionalized and impaired persons resulted in abuses, such as the infamous case at the Willowbrook State School, where biomedical researchers infected children identified as \"mentally defective\" with viral hepatitis without their knowledge, and with the questionable voluntary consent of their parents. (2) In the wake of Willowbrook, advocates for people with mental retardation have made significant legal gains for individuals with decisional impairments. This movement led to including policies requiring the deinstitutionalization of individuals whose futures had largely been relegated to severely restricted institutional living, regulations for intermediate care facilities, court decisions guaranteeing the right of persons with mental retardation to make their own decisions, and ultimately, recognition by the courts that a diagnosis of a mental disorder is not a presumption that the individual is incompetent to make decisions. (3) Despite these gains, balancing the obligation to respect the rights of those with mental impairments to be treated as autonomous members of the moral community with the need to ensure that ill-informed or incompetent decisions will not jeopardize their welfare remains an ongoing ethical challenge for legal advocates, practitioners, and family members. (4) This Essay argues that informed consent policies for adults with mental disorders need to reflect a relational approach that re-conceptualizes consent vulnerability in terms of a \"goodness-of-fit\" between patient characteristics and the consent context. I. CONSENT VULNERABILITY AS A RELATIONAL CONSTRUCT Adults with mental disorders, like all people, are linked to others in relationships of reciprocity and dependency. (5) Conceptualizing consent impairments as a product of the relationship between the person and the consent context shifts ethical inquiry away from an exclusive focus on the patient's or research participant's mental infirmities. Instead, it focuses on those aspects of the consent setting that are creating or exacerbating consent vulnerability, and considers how the setting can be modified to produce a consent process that best reflects and protects the patient's/participant's hopes, values, concerns, and welfare. (6) From a relational perspective, morally responsible informed consent practices require more than simply evaluating whether a patient/participant understands the nature, risks, and benefits of procedures for which consent is sought, toward a reconfiguration of the consent context itself. Such reconfigurations involve remedial efforts to enhance consent comprehension coupled with efforts to attain mutual understa","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"30 1 1","pages":"159-71"},"PeriodicalIF":0.0,"publicationDate":"2002-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61546867","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":"Protestant perspectives on informed consent (particularly in research involving human participants).","authors":"James F Childress","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"30 1","pages":"187-205"},"PeriodicalIF":0.0,"publicationDate":"2002-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25263206","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 Islamic viewpoint on new assisted reproductive technologies.","authors":"Hossam E Fadel","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"30 1","pages":"147-57"},"PeriodicalIF":0.0,"publicationDate":"2002-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25263203","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":"A goodness-of-fit ethic for informed consent.","authors":"Celia B Fisher","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"30 1","pages":"159-71"},"PeriodicalIF":0.0,"publicationDate":"2002-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25263204","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":"Informed consent without autonomy.","authors":"Daniel P Sulmasy","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"30 1","pages":"207-20"},"PeriodicalIF":0.0,"publicationDate":"2002-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25263207","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's conscience, conscience clauses, and religious belief: a Catholic perspective.","authors":"Edmund D Pellegrino","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"30 1","pages":"221-44"},"PeriodicalIF":0.0,"publicationDate":"2002-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25263208","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}