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“Kung Flu”: A History Of Hostility And Violence Against Asian Americans, Denny Chin, Kathy Hirata Chin
“Kung Flu”: A History Of Hostility And Violence Against Asian Americans, Denny Chin, Kathy Hirata Chin
Fordham Law Review
The COVID-19 pandemic “first became real” for most Americans in March 2020. Since then,a wave of anti-Asian hatred and violence has swept the country, as more than 10,000 “hate incidents” have been reported against Asian Americans and Pacific Islanders (AAPIs), including the 2021 killing of six Asian American women in the Atlanta area. The videos of senseless attacks against AAPIs, many of whom were older and vulnerable, were horrific and disturbing. But what is perhaps more disturbing is that this is nothing new, for there is a long history of hostility and violence against Asian Americans in this country, a …
“Community Guidelines”: The Legal Implications Of Workplace Conditions For Internet Content Moderators, Anna Drootin
“Community Guidelines”: The Legal Implications Of Workplace Conditions For Internet Content Moderators, Anna Drootin
Fordham Law Review
Content moderation is the internet’s not-so-secret, dirty little secret. Content moderators are working around the world, and around the clock, to scrub the internet of horrific content. Most moderators work for low pay and with little or no health care benefits. The content they are exposed to leaves them vulnerable to a number of different mental health issues, including post-traumatic stress disorder. Their work is often hidden from users and is de-emphasized by the technology industry. This Note explores potential solutions to the labor and employment issues inherent in content moderation work and suggests that there could be a path …
Managing Stress, Grief, And Mental Health Challenges In The Legal Profession; Not Your Usual Law Review Article, Deborah L. Rhode
Managing Stress, Grief, And Mental Health Challenges In The Legal Profession; Not Your Usual Law Review Article, Deborah L. Rhode
Fordham Law Review
No abstract provided.
President Madison's Living Constitution: Fixation, Liquidation, And Constitutional Politics In The Jeffersonian Era, Saul Cornell
President Madison's Living Constitution: Fixation, Liquidation, And Constitutional Politics In The Jeffersonian Era, Saul Cornell
Fordham Law Review
No abstract provided.
Birch Bayh And The Twenty-Fifth Amendment: Lessons In Leadership, Joel K. Goldstein
Birch Bayh And The Twenty-Fifth Amendment: Lessons In Leadership, Joel K. Goldstein
Fordham Law Review
No abstract provided.
American Diversity In International Arbitration: A New Arbitration Story Or Evidence Of Things Not Seen, Benjamin G. Davis
American Diversity In International Arbitration: A New Arbitration Story Or Evidence Of Things Not Seen, Benjamin G. Davis
Fordham Law Review
This Essay suggests that the unseen presence of blacks and other underrepresented groups (such as women, minorities, LGBTQ individuals, and persons with disabilities) in the shadows of the development of international arbitration law in the United States helps us to see that diversity, while unrecognized, has been inherent in American international arbitration for hundreds of years.
"'Male Chauvinism' Is Under Attack From All Sides At Present": Roberts V. United States Jaycees, Sex Discrimination, And The First Amendment, Linda C. Mcclain
"'Male Chauvinism' Is Under Attack From All Sides At Present": Roberts V. United States Jaycees, Sex Discrimination, And The First Amendment, Linda C. Mcclain
Fordham Law Review
This Article considers the relationship between gender equality and freedom of association. Part I begins with the Supreme Court’s recognition of the freedom of association as first articulated in NAACP v. Alabama. It shows how, in the context of race discrimination, some key civil rights victories have enlisted claims of the freedom of association, while some other victories have prevailed against such claims. Those precedents set the foundation for the Court’s decision in Jaycees, which concerned gender discrimination. Part II focuses on the role of Jaycees in drawing an analogy between the harms of gender discrimination and sexual-orientation …
Lgbt Equality And Sexual Racism, Russell K. Robinson, David M. Frost
Lgbt Equality And Sexual Racism, Russell K. Robinson, David M. Frost
Fordham Law Review
Bigots such as the trial judge in Loving have long invoked religion to justify discrimination. We agree with other scholars that neither religion nor artistic freedom justifies letting businesses discriminate. However, we also want to make manifest the tension between the public posture of LGBT-rights litigants and the practices of some LGBT people who discriminate based on race in selecting partners. We argue that some white people’s aversion to dating and forming relationships with people of color is a form of racism, and this sexual racism is inconsistent with the spirit of Loving. Part I provides a review of empirical …
The Second Circuit And The Development Of Intellectual Property Law: The First 125 Years, Kenneth A. Plevan
The Second Circuit And The Development Of Intellectual Property Law: The First 125 Years, Kenneth A. Plevan
Fordham Law Review
The Second Circuit has had a profound impact on copyright law. Judge Learned Hand’s decision in Nichols v. Universal Pictures Corp. helped define for later generations the fundamental idea/expression dichotomy. The transformative use doctrine has not been without its critics, but other leading decisions have helped write the rules of the road for the e-commerce era, both in the copyright and trademark contexts, as well as the right of publicity, albeit a creation of state statutory law, is generally considered an area of intellectual property and is covered in this article. Law school catalogs usually include trade secret law within …
Two Tests Unite To Resolve The Tension Between The First Amendment And The Right Of Publicity, Dora Georgescu
Two Tests Unite To Resolve The Tension Between The First Amendment And The Right Of Publicity, Dora Georgescu
Fordham Law Review
The right of publicity is an established legal doctrine that grants individuals the exclusive right to control the commercial use of their image. Though it has many important and laudable uses, one unfortunate consequence of the right of publicity is that it restricts artists’ abilities to portray real persons in their works. In so doing, the right of publicity directly conflicts with the First Amendment protections of an individual’s freedom of expression.
While the U.S. Supreme Court addressed this tension in Zacchini v. Scripps-Howard Broadcasting Co., the Court did not create a clear standard for balancing the interests of …
The Folklore Of Informationalism: The Case Of Search Engine Speech, Oren Bracha
The Folklore Of Informationalism: The Case Of Search Engine Speech, Oren Bracha
Fordham Law Review
Are search engine results protected speech under the First Amendment? This has become an essential question in the debate over search engine regulation. Search engine speech is at the cutting edge of several recent trends in First Amendment jurisprudence: the challenge of protection for machine–generated speech, a recent tendency toward constraining governmental economic regulatory power through aggressive and broad interpretation of freedom of speech, and the question of limitations on the coverage of the First Amendment. Arguments on behalf of First Amendment protection for search engine results focus on different protected speech interests. Free speech scrutiny is justified and necessary …
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890, Susan D. Carle
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Lawyering At The Extremes: The Representation Of Tom Mooney, 1916-1939, Rebecca Roiphe
Fordham Law Review
No abstract provided.
Toward Effective Implementation Of 11 U.S.C. § 522(D)(11)(E): Invigorating A Powerful Bankruptcy Exemption, Uriel Rabinovitz
Toward Effective Implementation Of 11 U.S.C. § 522(D)(11)(E): Invigorating A Powerful Bankruptcy Exemption, Uriel Rabinovitz
Fordham Law Review
This Note explores how bankruptcy courts have analyzed and applied the 11 U.S.C. § 522(d)(11)(E) bankruptcy exemption and the confusion generated by its conflicting interpretations. This Note reviews and scrutinizes the history of the Bankruptcy Law, its goals and purposes, the differences between its underlying themes, and specific mechanisms involved in the implementation of bankruptcy exemptions. With a broader understanding of the rationale behind bankruptcy laws in combination with the relevant legislative history, this Note sets the stage and advocates for an increased consistency in the analysis and application of the 11 U.S.C. § 522(d)(11)(E) exemption.
Displacing Dissent: The Role Of "Place" In First Amendment Jurisprudence, Thomas P. Crocker
Displacing Dissent: The Role Of "Place" In First Amendment Jurisprudence, Thomas P. Crocker
Fordham Law Review
No abstract provided.
Protecting Newly Discovered Antiquities: Thinking Outside The "Fee Simple" Box, Peter T. Wendel
Protecting Newly Discovered Antiquities: Thinking Outside The "Fee Simple" Box, Peter T. Wendel
Fordham Law Review
Newly discovered antiquities are “mixed goods.” They have a physical component (the object itself) and an intangible component (the archeological and historical information associated with the discovery). This dual nature justifies government intervention into the market, not to capture the positive externalities associated with the antiquity, but to minimize the negative externalities associated with the law of finders. When the typical finder excavates an antiquity, its historical and archeological information is severely damaged, if not destroyed. In response to this problem, source countries have enacted state ownership/retention statutes. These laws, however, have their own negative externalities. They create incentives for …
Burying The Truth: The Murder Of Belfast Human Rights Lawyer Patrick Finucane And Britain's "Secret" Public Inquiries, Joaquin P. Terceno Iii
Burying The Truth: The Murder Of Belfast Human Rights Lawyer Patrick Finucane And Britain's "Secret" Public Inquiries, Joaquin P. Terceno Iii
Fordham Law Review
No abstract provided.
We Are All Post-9/11 Now, Kim Lane Scheppele
The Need For Mareva Injunctions Reconsidered , David Capper
The Need For Mareva Injunctions Reconsidered , David Capper
Fordham Law Review
No abstract provided.
Size Matters (Or Should) In Copyright Law , Justin Hughes
Size Matters (Or Should) In Copyright Law , Justin Hughes
Fordham Law Review
No abstract provided.
The Luxury Of The Law: The Codification Movement And The Right To Counsel, Norman W. Spaulding
The Luxury Of The Law: The Codification Movement And The Right To Counsel, Norman W. Spaulding
Fordham Law Review
No abstract provided.
The Better Angels Of Self-Government, Martin S. Flaherty
The Better Angels Of Self-Government, Martin S. Flaherty
Fordham Law Review
No abstract provided.
A World Drowning In Guns, Harold Hongju Koh
Preconception Tort Law In An Era Of Assisted Reproduction: Applying A Nexus Test For Duty, Matthew Browne
Preconception Tort Law In An Era Of Assisted Reproduction: Applying A Nexus Test For Duty, Matthew Browne
Fordham Law Review
No abstract provided.
Northern Ireland Policing Reform And The Intimidation Of Defense Lawyers, Molly R. Murphy
Northern Ireland Policing Reform And The Intimidation Of Defense Lawyers, Molly R. Murphy
Fordham Law Review
No abstract provided.
Hail, Hail, The Gangs Are All Here: Why New York Should Adopt A Comprehensive Anti-Gang Statute, Bart H. Rubin
Hail, Hail, The Gangs Are All Here: Why New York Should Adopt A Comprehensive Anti-Gang Statute, Bart H. Rubin
Fordham Law Review
No abstract provided.
"Nice Work If You Can Get It": "Ethical" Jury Selection In Criminal Defense, Abbe Smith
"Nice Work If You Can Get It": "Ethical" Jury Selection In Criminal Defense, Abbe Smith
Fordham Law Review
No abstract provided.
Observing The Rules Of Law: Experiences From Northern Ireland, Angela Hegarty
Observing The Rules Of Law: Experiences From Northern Ireland, Angela Hegarty
Fordham Law Review
No abstract provided.
A Dedication To John D. Calamari
The Empire Strikes Back: The Taking Of Joe Doherty, James T. Kelly
The Empire Strikes Back: The Taking Of Joe Doherty, James T. Kelly
Fordham Law Review
In this Article, Mr. Kelly summarizes the eight year diplomatic and legal effort to return Joe Doherty, a member of the Provisional Irish Republican Army, from the United States to the United Kingdom, where he was wanted for his role in the death of a British soldier and for his escape from prison. The Article begins by considering the British-Irish conflict over the partition of Ireland and the political and diplomatic role the United States has played in mediating that conflict. It then recounts the unsuccessful efforts of the United States and the United Kingdom to extradite Doherty, and the …