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Full-Text Articles in Law
Climate Change And International Law: A Case For Expanding The Definition Of "Refugees" To Accommodate Climate Migrants, Jenny Han, Amanda Kuras
Climate Change And International Law: A Case For Expanding The Definition Of "Refugees" To Accommodate Climate Migrants, Jenny Han, Amanda Kuras
Fordham Undergraduate Law Review
The United Nations’ strict definition of “refugee” prevents individuals who are forced to migrate — often due to effects caused by climate change — from claiming the legal protections afforded to those lawfully classified as refugees. This restrictive definition represents a failure of current international law in responding to one of the world’s most pressing existential threats. The effects of climate change, including global warming, extreme weather and rising sea levels, displace millions of individuals worldwide. However, because climate change has only recently become recognized as a serious global and existential issue, international law has not yet responded to the …
On Mootness: The New York State Rifle Pistol Association V. The City Of New York, New York, Thomas Reuter
On Mootness: The New York State Rifle Pistol Association V. The City Of New York, New York, Thomas Reuter
Fordham Undergraduate Law Review
The principles of limited government, separation of powers, and federalism have become ubiquitous colloquialisms echoed in the halls of legislatures, courts, and research institutions. Despite preconceived notions, these principles are not partisan. Their application may be debated, but their importance is not denied. This Note examines the limits of the Supreme Court of the United States as established in Article III of the United States Constitution. Specifically, it defines the standards of justiciability and examines one element: mootness. The Note looks at a 2013 New York City case regarding Second Amendment rights: The New York State Rifle Pistol Association v. …
#Metoo, Meet Inclusivity: Criminal Procedure In Sexual Assault Cases Should Include People With Intellectual Disabilities, Mercy Adoga
Fordham Undergraduate Law Review
This Note explores the legal history of criminal law involving sexual assault cases of persons with intellectual disabilities from 1989 to the present day. The nuances of this legal history will be analyzed through the lens of State v. Scherzer, otherwise known as the Glen Ridge case of 1989. This Note will analyze the effect the Glen Ridge case had on later cases, and how the criminal justice system continues to treat intellectually disabled survivors of sexual assault. Statistics show that people who have intellectual disabilities are more likely to be sexually assaulted, and that the conviction rate for these …
Eminent Domain In New York City, Aiden Hannon
Eminent Domain In New York City, Aiden Hannon
Fordham Undergraduate Law Review
On the first of February, 2008, the United States Court of Appeals for the Second Circuit upheld the condemnation and subsequent development of several Brooklyn properties in Vanderbilt Yards that were obstructing the construction of a new stadium for the New Jersey Nets. The rationale behind the decision in Goldstein v. Pataki derives from the Fifth Amendment’s Takings Clause, which holds that “private property [shall not] be taken for public use without just compensation.” The new construction project would bring a National Basketball Association franchise to Brooklyn, theoretically raising the tax revenue and creating more jobs, alongside sixteen high-rise apartments …
What Are We Really Eating?: An Analysis Of Food Labeling Transparency, Lily Van Petten
What Are We Really Eating?: An Analysis Of Food Labeling Transparency, Lily Van Petten
Fordham Undergraduate Law Review
Understanding a nutrition label can often be like deciphering ancient hieroglyphics. This Note examines the ethical and legal constraints of food nutrition labeling with specific key words such as “all-natural” and “superfood” in the United States. The subject of nutrition in the law is first explored through the 2018 lawsuit Rice v. National Beverage Corp. Many educated, nutritionally informed citizens still do not have a clear grasp of what chemicals and other synthetic ingredients they are consuming when buying popular brands. Large food companies use persuasive marketing to attract consumers, especially through misrepresenting nutritional data. In this case specifically, Lenora …
Genetic Patient Reform In The United States: The Growing Problem With § 101, Abigail Carlson
Genetic Patient Reform In The United States: The Growing Problem With § 101, Abigail Carlson
Fordham Undergraduate Law Review
With revolutionary findings in the biomedical industry growing exponentially, patents are more crucial than ever in crediting researchers for their property. Many of these patents are of genetic material which have rattled the fabric of trademark law. This paper aims to assess § 101 of the Patent Act and where genetic patents fall under the existing clauses. While most genetically modified patents have been upheld in the courts, precedent has established that there has to exist a certain degree of modification to the material to maintain the patent. This is because genetic material falls under the exception of the laws …
Whistleblowing As A Ciceronian Moral Obligation To The State, Hailey Sylvander
Whistleblowing As A Ciceronian Moral Obligation To The State, Hailey Sylvander
Fordham Undergraduate Law Review
This Note explores the public law of whistleblowing through the lens of the Ancient Roman philosopher Marcus Tullius Cicero (106-43 BC). It first describes the current discourse on whistleblowing, justifications for whistleblowing, and a contemporary jurisprudential theory that examines those justifications. Then, the Note will explain Cicero’s theory on one’s duty to the state through acceptable public behavior, and how it relates to jurisprudence via the lens of morality. Next, the Note will apply Cicero’s theory to the case Department of Homeland Security v. Maclean to illustrate how the Supreme Court of the United States (the “Court”) has used precedent …