Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Lawyers (14)
- Intellectual property (9)
- Democracy (8)
- Settlement (8)
- Ethics (7)
-
- Alternative dispute resolution (6)
- Politics (6)
- Constitution (5)
- Evidence (5)
- Immigrants (5)
- Immigration (4)
- Lawyer (4)
- Technology (4)
- Internet (3)
- Law (3)
- Race (3)
- Removal (3)
- Search and seizure (3)
- Society (3)
- Class actions (2)
- Copyrights (2)
- Counseling (2)
- Dean (2)
- Deportation (2)
- Ethics and professional responsibility (2)
- Fourth Amendment (2)
- Judge (2)
- Judges (2)
- Patents (2)
- Poor (2)
Articles 1 - 30 of 98
Full-Text Articles in Law
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Lawyering Loyalties: Speech Rights And Duties Within Twenty-First-Century New Governance, Orly Lobel
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Government Lawyers, Democracy, And The Rule Of Law, W. Bradley Wendel
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Government Lawyers, Democracy, And The Rule Of Law, W. Bradley Wendel
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, Rethinking The Public In Lawyers' Public Service: Pro Bono, Statgic Philanthropy, And The Bottom Line, Deborah L. Rhode
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Juridification Of Social Demands And The Application Of Statutes: An Analysis Of The Legal Treatment Of Antiracism Social Demands In Brazil, Marta Rodriguez De Assis Machado, Flavia Portella Puschel, Jose Rodrigo Rodriguez
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Juridification Of Social Demands And The Application Of Statutes: An Analysis Of The Legal Treatment Of Antiracism Social Demands In Brazil, Marta Rodriguez De Assis Machado, Flavia Portella Puschel, Jose Rodrigo Rodriguez
Fordham Law Review
No abstract provided.
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, Promoting Social Change And Political Values, True Confessions About The Role Of Lawyers In A Democracy, Fred C. Zacharias
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, True Confessions About The Role Of Lawyers In A Democracy, Fred C. Zacharias
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana
Fordham Law Review
No abstract provided.
The Coming Showdown Over University Endowments: Enlisting The Donors, Sarah E. Waldeck
The Coming Showdown Over University Endowments: Enlisting The Donors, Sarah E. Waldeck
Fordham Law Review
This Essay focuses on the discordance between universities with particularly large endowments and what is occurring in the rest of higher education, particularly with respect to skyrocketing tuition and a growing institutional wealth gap. The Essay considers absolute endowment values, the amount of endowment per student, and expense-endowment ratios at sixty private universities. It concludes that a small number of schools have an excess endowment, and then provides a convenient proxy for determining when an endowment is so large that it should receive less preferential tax treatment. The Essay then considers the effects that large endowments have at their home …
Presidential Popular Constitutionalism, Jedidiah Purdy
Presidential Popular Constitutionalism, Jedidiah Purdy
Fordham Law Review
This Article adds a new dimension to the most important and influential strand of recent constitutional theory: popular or democratic constitutionalism, the investigation into how the U.S. Constitution is interpreted (1) as a set of defining national commitments and practices, not necessarily anchored in the text of the document, and (2) by citizens and elected politicians outside the judiciary. Wide-ranging and ground-breaking scholarship in this area has neglected the role of the President as a popular constitutional interpreter, articulating and revising normative accounts of the nation that interact dynamically with citizens’ constitutional understandings. This Article sets out a “grammar” of …
Ending The Widow Penalty: Why Are Surviving Alien Spouses Of Deceased Citizens Being Deported?, Jayme A. Feldheim
Ending The Widow Penalty: Why Are Surviving Alien Spouses Of Deceased Citizens Being Deported?, Jayme A. Feldheim
Fordham Law Review
Although our nation generally permits aliens to apply to become lawful permanent residents of this country through their marriages to American citizens, U.S. Citizenship and Immigration Services (USCIS) automatically denies these applications when the citizen spouse dies within two years of the marriage. Termed the “widow penalty,” certain federal courts have rejected this policy as being both unreasonable and in opposition to the plain meaning of 8 U.S.C. § 1151, the statute which categorizes aliens as immediate relatives of U.S. citizens and thus grants them this opportunity. This conflict between the Agency and the judiciary, in turn, has caused a …
Structural Strength: Resolving A Circuit Split In Boyle V. United States With A Pragmatic Proof Requirement For Rico Associated-In-Fact Enterprises, Michael Morrissey
Structural Strength: Resolving A Circuit Split In Boyle V. United States With A Pragmatic Proof Requirement For Rico Associated-In-Fact Enterprises, Michael Morrissey
Fordham Law Review
This Note addresses the circuit split among the U.S. Courts of Appeals over whether proving an associated-in-fact RICO enterprise requires proof of some ascertainable structure distinct from the underlying pattern of racketeering. After discussing the history of RICO and RICO enterprises, this Note dissects the three-way circuit split and details the facts and positions of Boyle v. United States. Finally, this Note argues that the U.S. Supreme Court needs to resolve the split with the common-sense position that some ascertainable-structure proof requirement is needed—although the enterprise need not have a purpose distinct from the pattern of racketeering—to balance the potential …
Notes On A Geography Of Knowledge, Michael J. Madison
Notes On A Geography Of Knowledge, Michael J. Madison
Fordham Law Review
No abstract provided.
Commercial Free And Open Source Software: Knowledge Production, Hybrid Appropriability, And Patents, Greg R. Vetter
Commercial Free And Open Source Software: Knowledge Production, Hybrid Appropriability, And Patents, Greg R. Vetter
Fordham Law Review
No abstract provided.
Interface: The Push And Pull Of Patents, Peter Lee
Interface: The Push And Pull Of Patents, Peter Lee
Fordham Law Review
No abstract provided.
Keynote Address, Harmless Use: Gleaning From Fields Of Copyrighted Works, Wendy J. Gordon, Sonia Katyal
Keynote Address, Harmless Use: Gleaning From Fields Of Copyrighted Works, Wendy J. Gordon, Sonia Katyal
Fordham Law Review
No abstract provided.
For-Profit Philanthropy, Dana Brakman Reiser
For-Profit Philanthropy, Dana Brakman Reiser
Fordham Law Review
This Essay examines Google’s adoption of the novel and unorthodox for-profit philanthropy model. Google created a division of its for-profit company that is tasked with pursuing philanthropic activities. Specifically, this division is responsible for addressing the global issues of climate change, poverty, and emerging diseases. Of course, companies have long blended philanthropic and business objectives. They make contributions, commit to corporate social responsibility, or even form as social enterprises. For-profit philanthropy, though, differs from these familiar techniques in both structure and scale. Likewise, for-profit philanthropy stands in stark contrast to the nonprofit, tax-exempt form of organization typically used by those …
Berkemer Revisited: Uncovering The Middle Ground Between Miranda And The New Terry, Michael J. Roth
Berkemer Revisited: Uncovering The Middle Ground Between Miranda And The New Terry, Michael J. Roth
Fordham Law Review
Over the past twenty-five years, appellate courts have significantly expanded the scope of police authority to stop and frisk potential suspects without probable cause, a power originally granted to law enforcement by the Supreme Court in Terry v. Ohio. This development has led Terry’s once limited licensing of police searches to run into conflict with a defendant’s right against compulsory self-incrimination while in police custody, as articulated by Miranda v. Arizona. This Note explores the contours of this unforeseen collision between two core constitutional doctrines and the solutions generated by appellate courts to resolve the conflict. Courts today are generally …
The Pros And Cons Of Politically Reversible "Semisubstantive" Constitutional Rules, Dan T. Coenen
The Pros And Cons Of Politically Reversible "Semisubstantive" Constitutional Rules, Dan T. Coenen
Fordham Law Review
Most observers of constitutional adjudication believe that it works in an all-or-nothing way. On this view, the substance of challenged rules is of decisive importance, so that political decision makers may resuscitate invalidated laws only by way of constitutional amendment. This conception of constitutional law is incomplete. In fact, courts often use so-called “semisubstantive” doctrines that focus on the processes that nonjudicial officials have used in adopting constitutionally problematic rules. When a court strikes down a rule by using a motive-centered or legislative-findings doctrine, for example, political decision makers may revive that very rule without need for a constitutional amendment. …
Ferreting Out Favoritism: Bringing Pretext Claims After Kelo, Daniel S. Hafetz
Ferreting Out Favoritism: Bringing Pretext Claims After Kelo, Daniel S. Hafetz
Fordham Law Review
In 2005, the U.S. Supreme Court ruled in Kelo v. City of New London that governments may take one’s private property and give it to another for the purpose of promoting economic development. The Court held that, in evaluating Fifth Amendment challenges to such takings, courts should defer to legislative judgments as to what constitutes a valid public purpose. Critics argue that this decision opened the floodgates to pretextual abuse. Specifically, they contend that local governments that exercise the eminent domain power are often motivated by a desire to favor another private party. After Kelo, courts have struggled to reconcile …
Adding Insult To Injury? The Untoward Impact Of Requiring More Than De Minimus Injury In An Eighth Amendment Excessive Force Case, Robyn D. Hoffman
Adding Insult To Injury? The Untoward Impact Of Requiring More Than De Minimus Injury In An Eighth Amendment Excessive Force Case, Robyn D. Hoffman
Fordham Law Review
This Note explores the conflict over whether a prisoner must suffer more than de minimis injury to sustain an Eighth Amendment excessive force claim. It examines this conflict against the backdrop of the various standards the U.S. Supreme Court adopted in its Eighth Amendment prison conditions jurisprudence between 1976 and 1992, principally focusing on the 1992 Hudson v. McMillian decision. Moreover, this Note considers the intersection of “the evolving standards of decency,” the “hands-off doctrine,” and the Eighth Amendment injury requirement. Ultimately, this Note advocates that excessive force—when meted out as punishment—violates the Eighth Amendment’s prohibition on cruel and unusual …
Back To Basics: Determining A Child's Habitual Residence In International Child Abduction Cases Under The Hague Convention, Tai Vivatvaraphol
Back To Basics: Determining A Child's Habitual Residence In International Child Abduction Cases Under The Hague Convention, Tai Vivatvaraphol
Fordham Law Review
Since 1980, the Hague Convention on the Civil Aspects of International Child Abduction (Child Abduction Convention) has been ratified by eighty-one countries, including the United States. The Child Abduction Convention addresses the growing problem of child abductions by estranged parents across international borders and the diverse methods that different countries have developed for dealing with this problem. It provides for a simple summary-return mechanism to be administered by the courts of member states: a wrongfully removed (or retained) child is to be returned to (or permitted to stay in) his or her country of “habitual residence.” However, the Child Abduction …
The Philip F. Reed Lecture Series, Panel Discussion, Sanctions In Electronic Discovery Cases: Views From The Judges, Hon. John M. Facciola, Hon. Elizabeth D. Laporte, Hon. Loretta A. Preska, Hon. Shira A. Scheindlin
The Philip F. Reed Lecture Series, Panel Discussion, Sanctions In Electronic Discovery Cases: Views From The Judges, Hon. John M. Facciola, Hon. Elizabeth D. Laporte, Hon. Loretta A. Preska, Hon. Shira A. Scheindlin
Fordham Law Review
No abstract provided.
Best Evidence And The Wayback Machine: Toward A Workable Authentication Standard For Archived Internet Evidence, Deborah R. Eltgroth
Best Evidence And The Wayback Machine: Toward A Workable Authentication Standard For Archived Internet Evidence, Deborah R. Eltgroth
Fordham Law Review
This Note addresses the use of archived Internet content obtained via the Wayback Machine, a service provided by the Internet Archive that accesses the largest online digital collection of archived Web pages in the world. Given the dynamic nature of the World Wide Web, Internet content is constantly changed, amended, and removed. As a result, interim versions of Web pages have limited life spans. The Internet Archive indexes and stores Web pages to allow researchers to access discarded or since-altered versions. In the legal profession, archived Web pages have become an increasingly helpful form of proof. Intellectual property enforcers have …
"The Right Of The People": The Nsa, The Fisa Amendments Act Of 2008, And Foreign Intelligence Surveillance Of Americans Overseas, Jonathan D. Forgang
"The Right Of The People": The Nsa, The Fisa Amendments Act Of 2008, And Foreign Intelligence Surveillance Of Americans Overseas, Jonathan D. Forgang
Fordham Law Review
In October 2008, two former National Security Agency communications analysts told reporters that the NSA used satellite technology to monitor the phone conversations of Americans living in the Middle East. This revelation highlighted an unresolved area of surveillance law—the privacy rights of U.S. citizens against their own government when they are outside the borders of the United States. Though the FISA Amendments Act of 2008 has created a procedure for the judicial review of this type of surveillance, this review is only a general oversight and judges on the Foreign Intelligence Surveillance Court are not required to individually review every …
A Matter Of Context: Social Framework Evidence In Employment Discrimination Class Actions, Melissa Hart, Paul M. Secunda
A Matter Of Context: Social Framework Evidence In Employment Discrimination Class Actions, Melissa Hart, Paul M. Secunda
Fordham Law Review
In litigation disputes over the certification of employment discrimination class actions, social scientists have come to play a central, yet controversial, role. Organizational behavioralists and social psychologists regularly testify for the plaintiffs, offering what is commonly referred to as social framework testimony. These experts explain the general social science research on the operation of stereotyping and bias in decision making and examine the challenged workplace to identify those policies and practices that research has shown will tend to increase and those that will tend to limit the likely impact of these factors. Defendants fight hard against the admission of social …
Post-Davis Conduit Bonds: At The Intersection Of The Dormant Commerce Clause And Municipal Debt, Sean Carey
Post-Davis Conduit Bonds: At The Intersection Of The Dormant Commerce Clause And Municipal Debt, Sean Carey
Fordham Law Review
This Note addresses the constitutionality of the selective taxation of conduit bonds, a subset of municipal bonds that finance private enterprise, in the aftermath of the U.S. Supreme Court’s decision in Department of Revenue v. Davis. In Davis, the Court determined that states could tax interest earned on out-of-state municipal bonds while exempting interest earned on its own bonds without violating the Commerce Clause of the Constitution. When issuing this ruling, the Court drew a distinction between municipal bonds issued on behalf of the government and municipal bonds issued on behalf of private industry. The question of whether or not …
The Robert L. Levine Distinguished Lecture, Deepening The Legal Profession's Pro Bono Commitment To The Immigrant Poor
Fordham Law Review
No abstract provided.
The Representational And Counseling Needs Of The Immigrant Poor, Jennifer L. Colyer, Sarah French Russell, Robert E. Juceam, Lewis J. Liman
The Representational And Counseling Needs Of The Immigrant Poor, Jennifer L. Colyer, Sarah French Russell, Robert E. Juceam, Lewis J. Liman
Fordham Law Review
No abstract provided.
The Immigration Representation Project: Meeting The Critical Needs Of Low-Wage And Indigent New Yorkers Facing Removal, Joho Annobil
The Immigration Representation Project: Meeting The Critical Needs Of Low-Wage And Indigent New Yorkers Facing Removal, Joho Annobil
Fordham Law Review
No abstract provided.