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Articles 31 - 60 of 73
Full-Text Articles in Law
Schrems's Slippery Slope: Strengthening Governance Mechanisms To Rehabilitate Eu-U.S. Cross-Border Data Transfers After Schrems Ii, Edward W. Mclaughlin
Schrems's Slippery Slope: Strengthening Governance Mechanisms To Rehabilitate Eu-U.S. Cross-Border Data Transfers After Schrems Ii, Edward W. Mclaughlin
Fordham Law Review
In July 2020, the Court of Justice of the European Union (CJEU) invalidated the Privacy Shield Framework, the central data governance mechanism that once governed cross-border data transfers from the European Union (EU) to the United States. For the second time in five years, Europe’s top court invalidated the primary method of cross-border data transfers. Both times the CJEU found that the United States’s surveillance laws were, and remain, overbroad and fail to provide EU citizens with protections that are essentially equivalent to those guaranteed under the EU’s General Data Protection Regulation (GDPR) in light of the Charter of Fundamental …
Lgbtqia+ Public Accomodation Cases: The Battle Between Religious Freedom And Civil Rights, Jamie Reinah
Lgbtqia+ Public Accomodation Cases: The Battle Between Religious Freedom And Civil Rights, Jamie Reinah
Fordham Law Review
Protections for LGBTQIA+ Americans have greatly expanded since the U.S. Supreme Court recognized marriage equality in Obergefell v. Hodges, but the debate about whether business owners can refuse to serve LGBTQIA+ couples on religious grounds has grown more bitterly divided. The free exercise of religion is a fundamental constitutional right, and it is strongly protected at both the federal and state levels. At the same time, LGBTQIA+ couples are protected from receiving unequal treatment in public places under state antidiscrimination laws. The clash between religion and LGBTQIA+ rights has culminated in a line of cases that present difficult questions …
Corporate Law's Forgotten Constituents: Reimagining Corporate Lawyering In Routine Business Contexts, Melissa E. Romanovich
Corporate Law's Forgotten Constituents: Reimagining Corporate Lawyering In Routine Business Contexts, Melissa E. Romanovich
Fordham Law Review
Although they are artificial entities, corporations are operated, managed, and represented by people. Sometimes, these people have personal interests at stake—interests that are separate and distinct from the corporation’s interests and that arise from these people acting in their corporate roles. These personal interests and related potential liabilities range from employment concerns and civil liability to criminal prosecution and imprisonment. Until now, however, the law has determined that, in most situations, a corporation’s lawyer neither represents the corporation’s constituents nor their personal interests. The corporate lawyer, therefore, has the challenging role of discharging the proper ethical and legal obligations to …
Collaterally Attacking The Prison Litigation Reform Act's Application To Meritorious Prisoner Civil Litigation, Melissa Benerofe
Collaterally Attacking The Prison Litigation Reform Act's Application To Meritorious Prisoner Civil Litigation, Melissa Benerofe
Fordham Law Review
Earlier this year, the Prison Litigation Reform Act (PLRA) reached its twenty-fifth birthday, reinvigorating discussion on its effects on people in prison and the U.S. criminal justice system more broadly. This Note examines how the PLRA deters and obstructs prisoners’ ability to file meritorious civil rights lawsuits regarding the conditions of their confinement. The PLRA does so primarily through four of its provisions, which this Note refers to as the “access provisions.” The access provisions include: (1) the exhaustion of administrative remedies; (2) the filing fee provision; (3) the three-strikes rule; and (4) limitations on attorney’s fees. This Note argues …
Race And Policing: Some Thoughts And Suggestions For Reform, Solomon Oliver Jr.
Race And Policing: Some Thoughts And Suggestions For Reform, Solomon Oliver Jr.
Fordham Law Review
No abstract provided.
Feeling And Thinking Like A Lawyer: Cognition, Emotion, And The Practice And Progress Of Law, Susan A. Bandes
Feeling And Thinking Like A Lawyer: Cognition, Emotion, And The Practice And Progress Of Law, Susan A. Bandes
Fordham Law Review
No abstract provided.
If Only I Had Known: The Challenges Of Representation, Jenny E. Carroll
If Only I Had Known: The Challenges Of Representation, Jenny E. Carroll
Fordham Law Review
No abstract provided.
Investigating Pandemic Effects On Legal Academia, Meera E. Deo
Investigating Pandemic Effects On Legal Academia, Meera E. Deo
Fordham Law Review
No abstract provided.
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.
Understanding The Social And Cognitive Process In Law School That Creates Unhealthy Lawyers, Kathryne M. Young
Understanding The Social And Cognitive Process In Law School That Creates Unhealthy Lawyers, Kathryne M. Young
Fordham Law Review
Previous work on law student wellness and mental health strongly suggests that the seeds of professional unhappiness are sown in law school. Law students suffer from anxiety, depression, substance abuse, and other mental health problems at alarmingly high rates. They also leave law school with different concerns, commitments, and cognitive patterns than when they entered, emerging less hopeful, less intrinsically motivated, and more concerned with prestige than they were at the outset. So what, exactly, happens to people in law school? Although a rich body of quantitative and survey-based research on law students documents these empirical trends, surprisingly little qualitative …
Who Needs Adverse Possession?, Nadav Shoked
Who Needs Adverse Possession?, Nadav Shoked
Fordham Law Review
Adverse possession is one of property law’s most central doctrines. Yet, this Article contends, the need it answers has been largely misunderstood. Adverse possession’s doctrinal effects are clear—and stark: when its requirements are met, an owner loses her land to an invader. To explain a doctrine instituting such a radical result, scholars resort to property law’s major philosophical theories. These theories, they argue, at times demand that an owner lose her land to another person who is more committed to that land. The problem with these prevailing justifications of adverse possession, this Article shows, is that they imagine a very …
Clean Water Act Jurisdiction Over Groundwater Discharges After County Of Maui V. Hawaii Wildlife Fund, Jocelyn Lee
Clean Water Act Jurisdiction Over Groundwater Discharges After County Of Maui V. Hawaii Wildlife Fund, Jocelyn Lee
Fordham Law Review
The Clean Water Act is the principal federal law aimed at controlling pollution of the nation’s water resources, yet it does not provide comprehensive oversight of pollutants entering groundwater, the subsurface water that often feeds into rivers, lakes, and oceans. This Note examines a recent Supreme Court decision, County of Maui v. Hawaii Wildlife Fund, which appeared to endorse a theory of federal regulation of groundwater discharges under the Clean Water Act. County of Maui established a “functional equivalent” standard, under which a discharge through groundwater is subject to the Clean Water Act’s permitting requirements if it is the functional …
What Juries Really Think: Practical Guidance For Future Trial Lawyers, Amy J. St. Eve
What Juries Really Think: Practical Guidance For Future Trial Lawyers, Amy J. St. Eve
Fordham Law Review
No abstract provided.
Widening The Lens, Sharpening The Focus: Mental Health And The Legal Profession, Bernice Donald, Alex Bransford
Widening The Lens, Sharpening The Focus: Mental Health And The Legal Profession, Bernice Donald, Alex Bransford
Fordham Law Review
No abstract provided.
Affirmative Immunity: A Litigation-Based Approach To Curb Appellate Courts’ Raising Qualified Immunity Sua Sponte, Michael E. Beyda
Affirmative Immunity: A Litigation-Based Approach To Curb Appellate Courts’ Raising Qualified Immunity Sua Sponte, Michael E. Beyda
Fordham Law Review
Qualified immunity, to put it simply, provides public officials with immunity from civil lawsuits if they have violated an individual’s constitutional rights under their official authority and those rights were not “clearly established” at the time of the official’s actions. The doctrine has evolved into an elaborate framework that has plagued civil rights plaintiffs, as well as courts, for decades. Qualified immunity is an affirmative defense, and affirmative defenses are waived if not raised appropriately by the defendant. Moreover, issues that are not properly raised before the trial court, including affirmative defenses, are generally not considered for the first time …
The Rage Of A Privileged Class, Gregory S. Parks, Julia Doyle
The Rage Of A Privileged Class, Gregory S. Parks, Julia Doyle
Fordham Law Review
No abstract provided.
Transgender Inmates’ Right To Gender Confirmation Surgery, Marissa Luchs
Transgender Inmates’ Right To Gender Confirmation Surgery, Marissa Luchs
Fordham Law Review
The Eighth Amendment prohibits cruel and unusual punishment. It ensures that the state’s power to punish is exercised within the bounds of evolving standards of human decency. At the time of its enactment in 1791, the Eighth Amendment merely protected against torture and other physically barbarous treatments. However, as society’s standards of decency changed, so too did the scope of the Eighth Amendment. Today, among other protections, the Eighth Amendment mandates that prisons provide inmates with adequate conditions of confinement. This includes an obligation on the part of the prison to provide adequate medical care. But a great deal of …
The Sunset Of The Holocaust Expropriated Art Recovery Act Of 2016 And The Rise Of The Demand And Refusal Rule, Fallon S. Sheridan
The Sunset Of The Holocaust Expropriated Art Recovery Act Of 2016 And The Rise Of The Demand And Refusal Rule, Fallon S. Sheridan
Fordham Law Review
During World War II, hundreds of thousands of works of art were confiscated by Nazis under the direction of Adolf Hitler or sold for less than market value by members of the Jewish community fleeing Nazi Germany. Shockingly, an estimated 100,000 of the 600,000 works that were taken are still missing today. In recognition of the need for laws that adequately assist original owners (and their heirs) in recovering these works of art, the U.S. Congress passed the Holocaust Expropriated Art Recovery Act of 2016 (“the HEAR Act”). The HEAR Act supplanted state statutes of limitations for Naziconfiscated artwork with …
Taking A Stand: Climate Change Litigants And The Viability Of Constitutional Claims, Mina Juhn
Taking A Stand: Climate Change Litigants And The Viability Of Constitutional Claims, Mina Juhn
Fordham Law Review
In response to the accelerating effects of global warming, individuals and citizen groups in the United States have brought suit against the federal government to challenge the adequacy of existing climate change policies. Though statutory and tort claims comprise the bulk of these actions, plaintiffs have begun alleging that government inaction on climate change violates constitutional and fundamental rights. In these matters, the federal judiciary generally applies threshold justiciability doctrines, such as standing and the political question doctrine, to deny judicial review. This Note examines the reasoning behind the judiciary’s application of these doctrines and evaluates the appropriate scope of …
The Awakening: The Impact Of Covid-19, Racial Upheaval, And Political Polarization On Black Women Lawyers, Tsedale M. Melaku
The Awakening: The Impact Of Covid-19, Racial Upheaval, And Political Polarization On Black Women Lawyers, Tsedale M. Melaku
Fordham Law Review
No abstract provided.
Foreword: The Federalist Constitution, David S. Schwartz
Foreword: The Federalist Constitution, David S. Schwartz
Fordham Law Review
No abstract provided.
Without Doors: Native Nations And The Convention, Mary Sarah Bilder
Without Doors: Native Nations And The Convention, Mary Sarah Bilder
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.
In Search Of Nationhood At The Founding, Jonathan Ginenapp
In Search Of Nationhood At The Founding, Jonathan Ginenapp
Fordham Law Review
No abstract provided.
The Federalist Constitution As A Project In International Law, David M. Golove, Daniel J. Hulsebosch
The Federalist Constitution As A Project In International Law, David M. Golove, Daniel J. Hulsebosch
Fordham Law Review
No abstract provided.
Article Ix, Article Iii, And The First Congress: The Original Constitutional Plan For The Federal Courts, 1787-1792, Thomas H. Lee
Article Ix, Article Iii, And The First Congress: The Original Constitutional Plan For The Federal Courts, 1787-1792, Thomas H. Lee
Fordham Law Review
No abstract provided.
Executive Power And The Rule Of Law In The Marshall Court: A Rereading Of Little V. Barreme And Murray V. Schooner Charming Betsy, Jane Manners
Fordham Law Review
This Essay uses two 1804 opinions by Chief Justice John Marshall to explicate a world in which understandings of executive power and the rule of law were very different from those that predominate today. Scholars have misread Little v. Barreme and Murray v. Schooner Charming Betsy, this Essay argues, because they apply modern assumptions about the balance of power between Congress and the executive that do not fit the Marshall Court’s constitutional vision. Contemporary interpretations read Little for the propositions that the president’s inherent wartime power may be limited by statute and that early American jurists rejected officers’ “good faith” …
Equal Footing And The States "Now Existing" Slavery And State Equality Over Time, James E. Pfander, Elena Joffroy
Equal Footing And The States "Now Existing" Slavery And State Equality Over Time, James E. Pfander, Elena Joffroy
Fordham Law Review
This Essay reexamines the question whether the Constitution empowered Congress to ban slavery in the territories. We explore that question by tracking two proposed additions to the Constitution, one that would empower Congress to ban the migration and importation of enslaved persons to all new states and territories and one that would oblige Congress to admit new states on an equal footing with the old. We show that the Federalists supported and the Convention adopted the migration provision, enabling Congress to restrict slavery to the states “now existing.” But the Federalists opposed and the Convention rejected the equal footing doctrine. …
Reframing Article I, Section 8, Richard Primus
Reframing Article I, Section 8, Richard Primus
Fordham Law Review
No abstract provided.
The Other Madison Problem, David S. Schwartz, John Mikhail
The Other Madison Problem, David S. Schwartz, John Mikhail
Fordham Law Review
The conventional view of legal scholars and historians is that James pursue a fresh and more accurate assessment of Madison and his constitutional legacy, particularly with respect to slavery. Madison was the “father” or “major architect” of the Constitution, whose unrivaled authority entitles his interpretations of the Constitution to special weight and consideration. This view greatly exaggerates Madison’s contribution to the framing of the Constitution and the quality of his insight into the main problem of federalism that the Framers tried to solve. Perhaps most significantly, it obstructs our view of alternative interpretations of the original Constitution with which Madison …