Digital Commons Network^™

`Representing And Being Represented In Turn’ – A Symposium On Hélène Landemore’S Open Democracy, Ethan J. Leib

Faculty Scholarship

No abstract provided.

Preserving Judicial Neutrality: Regulating Stare Decisis For Elected Judges In An Era Of Political Polarization, Jason Semaya

Fordham Urban Law Journal

No abstract provided.

“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 …

Traveling Judges, Alyssa S. King, Pamela K. Bookman

Faculty Scholarship

Around the world, domestic courts focused on commercial disputes hire foreign judges. The practice seems to resemble arbitration, but is also rooted in colonialism. These traveling judges are predominantly retired English judges hired by small, market-dominant jurisdictions, like Hong Kong or Dubai. The judges’ identities reveal efforts to harness business preferences for English common law into domestic court systems. While judges aspire to spread the rule of law, local politics may dictate these courts’ futures. This Article maps the practice of traveling judges and explores its implications.

“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

Fordham Law Review

No abstract provided.

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

Fordham Law Review

No abstract provided.

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.

The Empire Strikes Back: Brexit, The Irish Peace Process, And The Limitations Of Law, Kieran Mcevoy, Anna Bryson, Amanda Kramer

Fordham International Law Journal

No abstract provided.

Introduction: Making Hope And History Rhyme: The Cory Inquiry And Transitional Justice In Northern Ireland, Martin S. Flaherty

Fordham International Law Journal

No abstract provided.

Dispatches From The Collusion Inquiry: A Tribute To The Honourable Peter Cory, Renee M. Pomerance

Fordham International Law Journal

No abstract provided.

"'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 …

The Frand Ceremony And The Engagement Of Article 102 Tfeu In The Licensing Of Standard Essential Patents, Jeffery Atik

Fordham International Law Journal

No abstract provided.

Nuts About Netz: The Network Enforcement Act And Freedom Of Expression, Rebecca Zipursky

Fordham International Law Journal

No abstract provided.

State Punishment And Meaning In Life, Youngjae Lee

Faculty Scholarship

No abstract provided.

The Rise Of Rights-Based Climate Litigation And Germany's Susceptibility To Suit, Marc A. R. Zemel

Fordham Environmental Law Review

No abstract provided.

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 Impact Of International Lawyer Organizations On Lawyer Regulation, Leslie C. Levin, Lynn Mather, Leny De Groot-Van Leeuwen

Fordham International Law Journal

No abstract provided.

Luxembourg Judicial Style With Or Without The Uk, Fernanda G. Nicola

Fordham International Law Journal

No abstract provided.

Designing Systems For Achieving Justice After A Peace Agreement: Northern Ireland's Struggle With The Past, Jacqueline Nolan-Haley

Faculty Scholarship

No abstract provided.

From 'No Bailout' To The European Stability Mechanism, Jeffery Atik

Fordham International Law Journal

No abstract provided.

Tax Transparency: A Tale Of Two Countries, Tracy A. Kaye

Fordham International Law Journal

No abstract provided.

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 …

Securing The Smart Grid: Protecting National Security And Privacy Through Mandatory, Enforcable Interoperability Standards, Christopher Bosch

Fordham Urban Law Journal

No abstract provided.

Newsgathering Takes Flight In Choppy Skies: Legal Obstacles Affecting Journalistic Drone Use, Clay Calvert, Charles D. Tobin, Matthew D. Bunker

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article examines legal challenges confronting journalists who use drones to gather images. Initially, it traces the history of drones and the Federal Aviation Administration’s efforts to regulate them, as well as new state legislation that aims to restrict drones. This Article then illustrates that a wide array of legal remedies already exist for individuals harmed by journalistic drone usage, and it argues that calls for additional, piecemeal state laws to regulate drones are unnecessary and unduly hinder First Amendment interests in newsgathering and the public’s right to know. Furthermore, this Article asserts that the reasonable-expectation-of-privacy jurisprudence developed in aerial …

Does Every Cloud Have A Silver Lining?: Brexit, Repeal Of The Human Rights Act And The Northern Ireland Bill Of Rights, Anne Smith, Monica Mcwilliams, Priyamvada Yarnell

Fordham International Law Journal

Following the Brexit referendum in the United Kingdom and the Conservative’s plans to replace the Human Rights Act with a British Bill of Rights, this article argues that this is an opportunity to re-open the debate on how best to address the current political stalemate on a Northern Ireland Bill of Rights, an unfulfilled element of the Belfast/Good Friday Agreement. We argue that at a time when there is so much uncertainty about the protection and safeguarding of rights with a real risk of lesser rights for fewer people in the United Kingdom, more than ever is the need to …

Policing Sex: The Colonial, Apartheid, And New Democracy Policing Of Sex Work In South Africa, India Geronimo Thusi

Fordham International Law Journal

No abstract provided.

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

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 …