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Articles 31 - 60 of 103
Full-Text Articles in Law
The Obama Administration’S Decision To Defend Constitutional Equality Rather Than The Defense Of Marriage Act, Dawn Johnsen
The Obama Administration’S Decision To Defend Constitutional Equality Rather Than The Defense Of Marriage Act, Dawn Johnsen
Fordham Law Review
No abstract provided.
Doma And Presidential Discretion: Interpreting And Enforcing Federal Law, Joseph Landau
Doma And Presidential Discretion: Interpreting And Enforcing Federal Law, Joseph Landau
Fordham Law Review
No abstract provided.
The Moral Complexity Of Cause Lawyers Within The State, David Luban
The Moral Complexity Of Cause Lawyers Within The State, David Luban
Fordham Law Review
No abstract provided.
Cause Lawyers Inside The State, Douglas Nejaime
Cause Lawyers Inside The State, Douglas Nejaime
Fordham Law Review
No abstract provided.
“Two Parts Of The Landscape Of Family In America”: Maintaining Both Spousal And Domestic Partner Employee Benefits For Both Same-Sex And Different-Sex Couples, Nancy D. Polikoff
“Two Parts Of The Landscape Of Family In America”: Maintaining Both Spousal And Domestic Partner Employee Benefits For Both Same-Sex And Different-Sex Couples, Nancy D. Polikoff
Fordham Law Review
No abstract provided.
Involuntary Imports: Williams, Lutwak, The Defense Of Marriage Act, Federalism, And “Thick” And “Thin” Conceptions Of Marriage, Lynn D. Wardle
Involuntary Imports: Williams, Lutwak, The Defense Of Marriage Act, Federalism, And “Thick” And “Thin” Conceptions Of Marriage, Lynn D. Wardle
Fordham Law Review
No abstract provided.
Collegiality And Individual Dignity, Tobias Barrington Wolff
Collegiality And Individual Dignity, Tobias Barrington Wolff
Fordham Law Review
No abstract provided.
Recognizing The Right To Petition For Victims Of Domestic Violence, Tamara L. Kuennen
Recognizing The Right To Petition For Victims Of Domestic Violence, Tamara L. Kuennen
Fordham Law Review
Like any citizen, a victim of domestic violence (DV) may call the police for help when she needs it. And yet, when a victim calls the police, she not only seeks law enforcement assistance but also invokes her constitutional right to seek one of the most fundamental services the government can provide—protection from harm. That right, recently described by the Supreme Court as “essential to freedom,” is the right “to petition the Government for a redress of grievances” guaranteed by the First Amendment.
This Article argues that a combination of law and policy initiatives produces negative collateral consequences for DV …
Unconstitutional Animus, Susannah W. Pollvogt
Unconstitutional Animus, Susannah W. Pollvogt
Fordham Law Review
It is well established that animus can never constitute a legitimate state interest for purposes of equal protection analysis. But neither precedent nor scholarship has stated conclusively how animus is properly defined, what counts as evidence of animus in any given case, or the precise doctrinal significance of a finding of animus. The U.S. Supreme Court has explicitly addressed the question of animus only a handful of times, and these cases do not appear to be particularly congruent with one another, at least on the surface. Further, while a number of scholars have discussed animus in terms of moral philosophy, …
A Call To Action—Examining Nepal’S Post-Conflict Strategy Toward Persons Accused Of Gross Human Rights Abuses, Jennifer Chiang
A Call To Action—Examining Nepal’S Post-Conflict Strategy Toward Persons Accused Of Gross Human Rights Abuses, Jennifer Chiang
Fordham Law Review
This Note analyzes Nepal’s attempts to establish accountability and the rule of law in the aftermath of its ten-year civil war. It compares Nepal’s treatment of persons implicated in gross human rights violations with the international human rights legal framework surrounding a state’s international obligations, particularly in its use of transitional justice mechanisms. It argues that Nepal’s failure to bring either administrative sanctions or criminal prosecutions against officials accused of human rights abuses—and its reliance instead on truth commissions—undermines the rule of law and violates the country’s international human rights obligations.
But Is It Just? The Inability For Current Adjudicatory Standards To Provide “Just Compensation” For Creeping Expropriations, Shain Corey
Fordham Law Review
In hopes of promoting foreign direct investment, the world has experienced an influx of bilateral investment treaties over the past twenty years. One protection these treaties afford to foreign investors is the guarantee of “just compensation” if the host government expropriates their investment, either directly or indirectly. Extensive jurisprudence exists discussing how a tribunal determines “just compensation” in cases of expropriation; however, these methods have historically revolved around valuing direct expropriations. While tribunals use these same methods to value indirect expropriations, analysis of these adjudications, particularly in the cases of a creeping expropriation, result in inconsistent and unpredictable outcomes
This …
Unclear Authority, Unclear Futures: Challenges To State Legislation Providing In-State Tuition Benefits To Undocumented Students Pursuing Higher Education, Julia R. Kim
Fordham Law Review
Exercising its federal power to regulate immigration, Congress has responded to illegal immigration by enacting deterrent legislation that includes provisions denying public benefits to undocumented immigrants. One of these provisions, 8 U.S.C. § 1623, explicitly bars states from providing postsecondary education benefits to undocumented immigrants on the basis of in-state residency. As a consequence, undocumented young adults—many of whom grew up and received their primary and secondary education in the United States—are effectively barred from pursuing higher education by their ineligibility for in-state tuition rates and financial aid. Some states, however, have evaded the § 1623 bar by providing undocumented …
Funding Conditions And Free Speech For Hiv/Aids Ngos: He Who Pays The Piper Cannot Always Call The Tune, Alexander P. Wentworth-Ping
Funding Conditions And Free Speech For Hiv/Aids Ngos: He Who Pays The Piper Cannot Always Call The Tune, Alexander P. Wentworth-Ping
Fordham Law Review
The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act pledges billions of dollars to fund NGOs combating the HIV/AIDS epidemic but requires recipients to adopt a policy explicitly opposing prostitution and sex trafficking. A possible recipient NGO confronts a tough decision: adopt an affirmative statement against prostitution and sex trafficking to accept the funds, alienating a vital partner in its efforts to eradicate HIV/AIDS; or deny the funds to speak its own message, though without the benefit of government assistance.
Courts are split on whether the Leadership Act’s policy requirement places an unconstitutional condition on federal funds that requires …
Missing Links In The President’S Evolution On Same-Sex Marriage, Saikrishna Bangalore Prakash
Missing Links In The President’S Evolution On Same-Sex Marriage, Saikrishna Bangalore Prakash
Fordham Law Review
No abstract provided.
Enron, Doma, And Spousal Privileges: Rethinking The Marriage Plot, Bennett Capers
Enron, Doma, And Spousal Privileges: Rethinking The Marriage Plot, Bennett Capers
Fordham Law Review
No abstract provided.
A Gate Forever Closed? Retiring Immigration Law’S Post-Departure Bar, Jonathan H. Ross
A Gate Forever Closed? Retiring Immigration Law’S Post-Departure Bar, Jonathan H. Ross
Fordham Law Review
Immigration law’s “post-departure bar” destroys the jurisdiction of either an immigration judge or the Board of Immigration Appeals to hear a motion to reopen or reconsider filed by an alien who is no longer physically within the country. This Note examines the current conflict between the federal circuits regarding the post-departure bar and why the circuits that have decided to strike down the bar in the cases before them have ruled in line with certain trends present in recent Supreme Court immigration cases.
Conflict between the circuits has arisen because the governing statute, the Illegal Immigration Reform and Immigrant Responsibility …
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
IP Theory
No abstract provided.
Plain Reading, Subtle Meaning: Rethinking The Ioia And The Immunity Of International Organizations, George B. Adams Iii
Plain Reading, Subtle Meaning: Rethinking The Ioia And The Immunity Of International Organizations, George B. Adams Iii
Fordham Law Review
Immunity is freedom from liability, and as such, it can quite literally provide a “get out of jail free” card. In the United States, international organizations face uncertainty about the scope of their immunity, which is provided by the International Organizations Immunities Act (IOIA). The D.C. Circuit has found that international organizations enjoy absolute immunity under the IOIA. Conversely, the Third Circuit recently held that international organizations are only entitled to restrictive immunity, which limits immunity to claims involving an organization’s public acts and does not exempt them from suits based on their commercial or private conduct.
This Note contends …
A Remedy Foreclosed? Mortgage Foreclosure And The Fair Debt Collection Practices Act, Richard D. Gage
A Remedy Foreclosed? Mortgage Foreclosure And The Fair Debt Collection Practices Act, Richard D. Gage
Fordham Law Review
During the Global Financial Crisis, millions of homeowners received foreclosure notices. Many of these notices were sent by attorneys, and informed consumers of an impending mortgage foreclosure. Courts are split on whether foreclosures must conform with the Fair Debt Collection Practices Act (FDCPA). In order to be subject to the FDCPA, an entity must meet the statutory definition of “debt collector.” Courts struggle with whether foreclosure attorneys fall under this definition. This Note examines this conflict, and suggests a fact-sensitive framework for evaluating whether foreclosure attorneys are debt collectors.
The “Peripheral Plaintiff”: Duty Determinations In Take-Home Asbestos Cases, Yelena Kotlarsky
The “Peripheral Plaintiff”: Duty Determinations In Take-Home Asbestos Cases, Yelena Kotlarsky
Fordham Law Review
Since the 1970s, litigation concerning the dangers of asbestos in the workplace has transformed from a few workers’ compensation claims to hundreds of thousands of lawsuits against companies in nearly every industry. While the typical plaintiff in these claims is an employee injured while handling asbestos at the worksite, a new class of “peripheral plaintiffs” has recently emerged. These plaintiffs consist of family members who are exposed to asbestos after inhaling the dust that saturates an employee’s person and clothing. The family members then bring claims against the employers and the owners of the premises claiming that they were negligent …
Track Me Maybe: The Fourth Amendment And The Use Of Cell Phone Tracking To Facilitate Arrest, Jeremy H. Rothstein
Track Me Maybe: The Fourth Amendment And The Use Of Cell Phone Tracking To Facilitate Arrest, Jeremy H. Rothstein
Fordham Law Review
Police use of technology to locate and track criminal suspects has drawn increasing attention from courts, commentators, and the public. In United States v. Jones, the Supreme Court held that police installation of a GPS tracking device on a suspect’s vehicle constituted a search under the Fourth Amendment. Less attention has been paid to police tracking of cell phones—a far more common practice. Police can now locate a cell phone within several feet, using either GPS or information taken from cell towers.
In August 2011, the government asked a federal magistrate judge in Maryland to allow thirty days of …
The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall L. Ross Ii
The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall L. Ross Ii
Fordham Law Review
Challenges under the Equal Protection Clause require proof of intentional discrimination. Though rarely questioned by legal scholars or the courts, that conventional account cannot explain the success of equal protection challenges to electoral structures that dilute the vote of racial minorities. In the Supreme Court’s most recent decisions on vote dilution, the Court has invalidated local electoral structures under the Equal Protection Clause to the extent that they deprive African Americans of the opportunity for effective representation in the political process. The Court has reached its decisions despite the absence of any proof of intentional discrimination in the adoption of …
Crying Over The Cache: Why Technology Has Compromised The Uniform Application Of Child Pornography Laws, Katie Gant
Crying Over The Cache: Why Technology Has Compromised The Uniform Application Of Child Pornography Laws, Katie Gant
Fordham Law Review
As thousands of individuals surf the internet daily, every image on every web page is saved automatically to their computer’s cache, absent user direction. Sections 2252(a)(2) and 2252(a)(4)(B) of Title 18 of the U.S. Code criminalize knowing possession and knowing receipt of child pornography images. For the defendant who intentionally saves illicit images to his computer, the cache simply verifies already-proven knowing possession or receipt. However, for the defendant who only views child pornography online, the presence of images in the cache may not be enough to prove knowledge beyond a reasonable doubt. How can the prosecution prove a defendant …
Seeking Liberty’S Refuge: Analyzing Legislative Purpose Under Casey’S Undue Burden Standard, Lucy E. Hill
Seeking Liberty’S Refuge: Analyzing Legislative Purpose Under Casey’S Undue Burden Standard, Lucy E. Hill
Fordham Law Review
In the 1992 decision Planned Parenthood of Southeastern Pennsylvania v. Casey, the U.S. Supreme Court crafted the “undue burden” standard for evaluating the constitutionality of abortion laws. Under that standard, a state is free to regulate abortion, as long as the regulation does not impose an undue burden on a woman’s right to an abortion. Although the standard is disjunctive, the Casey opinion focuses on the “effect” prong of the test, with little guidance as to what a “purpose” prong inquiry would look like. Subsequent Supreme Court abortion jurisprudence has served only to obscure the issue. Circuit courts, therefore, …
Must Substantive Due Process Land Use Claims Be So “Exhaust”Ing?, Nader James Khorassani
Must Substantive Due Process Land Use Claims Be So “Exhaust”Ing?, Nader James Khorassani
Fordham Law Review
When is a land use dispute a federal case? Although some perceive challenges to zoning and land use laws as local issues ripe for local resolution, some fights over land use pose constitutional questions suitable for federal adjudication. Indeed, many zoning disputes implicate substantive due process, a federally protected constitutional guarantee. A circuit split has developed regarding when plaintiffs may assert substantive due process claims in federal court. While the First and Seventh Circuits only hear such cases when the plaintiff has first brought her substantive due process claim in state court, the Second, Third, Ninth, and Eleventh Circuits impose …
Baker's Autonomy Theory Of Free Speech, Anne Marie Lofaso
Baker's Autonomy Theory Of Free Speech, Anne Marie Lofaso
West Virginia Law Review
No abstract provided.
Issues In Interstate Guardianship, William P. Donaldson
Issues In Interstate Guardianship, William P. Donaldson
Marquette Elder's Advisor
This article focuses on In the Matter of the Guardianship and Protective Placement of Jimmie L. v. Sauk County. The guardian in the case was appointed in one state, but the guardian desired to relocate to another state. The article also explores the use of the Uniform Enforcement of Foreign Judgments Act where issues arise in interstate guardianship.
Social Values And Older Persons: The Role Of The Law, Marshall B. Knapp
Social Values And Older Persons: The Role Of The Law, Marshall B. Knapp
Marquette Elder's Advisor
Kapp discusses the relationship of law to social values, and how laws can permit, require, or restrain certain activities. Further discussion involves how laws, such as the Age Discrimination Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Fair Housing Act impact the elderly, and then asks whether the law alone is enough to protect the elderly.
The Legal Status Of Gambling In America's Senior Communities , Marc J. Randazza, Daniel Russell
The Legal Status Of Gambling In America's Senior Communities , Marc J. Randazza, Daniel Russell
Marquette Elder's Advisor
More seniors are gambling than ever before, and many may not know whether what they are doing is legal or illegal in their particular jurisdiction. Regulations involving penny-ante games, regular gambling, bingo, and amusement gambling are explored in five jurisdictions: Florida, Arizona, California, Wisconsin (the most restrictive), and Nevada (the least restrictive). Both association and personal liability are discussed.
The Schiavo Odyssey: A Tale Of Two Legislative Reprieves , Miriam Rosenblatt-Hoffman
The Schiavo Odyssey: A Tale Of Two Legislative Reprieves , Miriam Rosenblatt-Hoffman
Marquette Elder's Advisor
Between the time that Terri Schiavo's husband received court approval to discontinue her life support systems and her ultimate demise more than five years later, contentious legal battles were waged and specific state and federal laws were enacted to prolong Terri's life. The author postulates and explains why both laws were unconstitutional, and decries the legislative interference in patient autonomy.