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Full-Text Articles in Law

The Global Metropolis: Power & Policy In The 21st Century, Maloney Library, Fordham University School Of Law, David J. Goodwin, Geeta Tewari, Nestor Davidson, Annika Hinze Feb 2019

The Global Metropolis: Power & Policy In The 21st Century, Maloney Library, Fordham University School Of Law, David J. Goodwin, Geeta Tewari, Nestor Davidson, Annika Hinze

Posters

Maloney Library lecture series, Behind the Book


Privacy In Gaming, N. Cameron Russell, Joel R. Reidenberg, Sumyung Moon Feb 2019

Privacy In Gaming, N. Cameron Russell, Joel R. Reidenberg, Sumyung Moon

Fordham Intellectual Property, Media and Entertainment Law Journal

Video game platforms and business models are increasingly built on collection, use, and sharing of personal information for purposes of both functionality and revenue. This paper examines privacy issues and explores data practices, technical specifications, and policy statements of the most popular games and gaming platforms to provide an overview of the current privacy legal landscape for mobile gaming, console gaming, and virtual reality devices. The research observes how modern gaming aligns with information privacy notions and norms and how data practices and technologies specific to gaming may affect users and, in particular, child gamers.

After objectively selecting and analyzing ...


Care For A Sample? De Minimis, Fair Use, Blockchain, And An Approach To An Affordable Music Sampling System For Independent Artists, Sean M. Corrado Jan 2019

Care For A Sample? De Minimis, Fair Use, Blockchain, And An Approach To An Affordable Music Sampling System For Independent Artists, Sean M. Corrado

Fordham Intellectual Property, Media and Entertainment Law Journal

Thanks, in part, to social media and the digital streaming age of music, independent artists have seen a rise in popularity and many musicians have achieved mainstream success without the affiliation of a major record label. Alongside the growth of independent music has come the widespread use of music sampling. Sampling, which was once depicted as a crime perpetrated by hip-hop artists, is now prevalent across charttopping hits from all genres. Artists have used sampling as a tool to integrate cultures, eras, and styles of music while experimenting with the bounds of musical creativity. Artists whose works are sampled have ...


Data Scraping As A Cause Of Action: Limiting Use Of The Cfaa And Trespass In Online Copying Cases, Kathleen C. Riley Jan 2019

Data Scraping As A Cause Of Action: Limiting Use Of The Cfaa And Trespass In Online Copying Cases, Kathleen C. Riley

Fordham Intellectual Property, Media and Entertainment Law Journal

In recent years, online platforms have used claims such as the Computer Fraud and Abuse Act (“CFAA”) and trespass to curb data scraping, or copying of web content accomplished using robots or web crawlers. However, as the term “data scraping” implies, the content typically copied is data or information that is not protected by intellectual property law, and the means by which the copying occurs is not considered to be hacking. Trespass and the CFAA are both concerned with authorization, but in data scraping cases, these torts are used in such a way that implies that real property norms exist ...


A Patent Reformist Supreme Court And Its Unearthed Precedent, Samuel F. Ernst Jan 2019

A Patent Reformist Supreme Court And Its Unearthed Precedent, Samuel F. Ernst

Fordham Intellectual Property, Media and Entertainment Law Journal

How is it that the Supreme Court, a generalist court, is leading a project of innovation reform in our times while the court of appeals established to encourage innovation is having its precedent stricken down time and again? This decade the Supreme Court has issued far more patent law decisions than in any decade since the passage of the Patent Act of 1952. In doing so, the Supreme Court has overruled the Federal Circuit in roughly threequarters of the patent cases in which the Supreme Court has issued opinions. In most of these cases, the Supreme Court has established rules ...


Apis And Your Privacy, N. Cameron Russell Jan 2019

Apis And Your Privacy, N. Cameron Russell

Faculty Scholarship

Application programming interfaces, or APIs, have been the topic of much recent discussion. Newsworthy events, including those involving Facebook’s API and Cambridge Analytica obtaining information about millions of Facebook users, have highlighted the technical capabilities of APIs for prominent websites and mobile applications. At the same time, media coverage of ways that APIs have been misused has sparked concern for potential privacy invasions and other issues of public policy. This paper seeks to educate consumers on how APIs work and how they are used within popular websites and mobile apps to gather, share, and utilize data.

APIs are used ...


Argh, No More Pirating America’S Booty: Improving Copyright Protections For American Creators In China, Johnathan Ling Jan 2019

Argh, No More Pirating America’S Booty: Improving Copyright Protections For American Creators In China, Johnathan Ling

Fordham Intellectual Property, Media and Entertainment Law Journal

The advent of the internet brought about revolutionary changes and challenges to the world. Internet piracy is one area which is presenting new challenges, particularly to copyright holders such as artists, filmmakers, and creators. China has been a hotbed of piracy and is home to the second highest number of file sharing infringers in the world. China has made strides to improve its copyright protection, such as implementing a copyright law in 1990, as well as joining the World Trade Organization and signing on to the Agreement on Trade-Related Aspects of Intellectual Property Rights, which specifies minimum levels of intellectual ...


Why Corporate Attorneys And Other Gatekeepers Should Consider Esg And Sustainability Principles, Beth Haddock, Tucker Pribor, Kate Starr Dec 2018

Why Corporate Attorneys And Other Gatekeepers Should Consider Esg And Sustainability Principles, Beth Haddock, Tucker Pribor, Kate Starr

Fordham Environmental Law Review

No abstract provided.


The Role Of The Chief Executive Officer In Firm Environmental Decisions, Timothy D. Hubbard Dec 2018

The Role Of The Chief Executive Officer In Firm Environmental Decisions, Timothy D. Hubbard

Fordham Environmental Law Review

No abstract provided.


Foreword, Matthew Diller Dec 2018

Foreword, Matthew Diller

Fordham Law Review

In 2012 our colleague Robert J. Kaczorowski published Fordham University School of Law: A History. As we read Bob’s book, discussed it, and thought about it, we realized emphatically that it not only synthesized the history of Fordham Law School in a superbly illuminating way, but that it is one of the best books to date on the history of twentieth-century legal education in America. It compellingly tells the story of American legal education through the lens of an urban law school founded to expand access to the legal profession for groups that had been shut out of the ...


Rape Messaging, Alena Allen Dec 2018

Rape Messaging, Alena Allen

Fordham Law Review

When feminists began advocating for rape reform in the 1970s, the rape message was clear: rape was not a crime to be taken seriously because women lie. After decades of criminal law reform, the legal requirement that a woman vigorously resist a man’s sexual advances to prove that she was raped has largely disappeared from the statute books, and, in theory, rape shield laws make a woman’s prior sexual history irrelevant. Yet, despite what the law dictates, rape law reforms have not had a “trickle-down” effect, where changes in law lead to changes in attitude. Women are still ...


A Conversation With The Honorable Rosalie Silberman Abella And Dean Matthew Diller, Rosalie Silberman Abella, Matthew Diller Dec 2018

A Conversation With The Honorable Rosalie Silberman Abella And Dean Matthew Diller, Rosalie Silberman Abella, Matthew Diller

Fordham Law Review

DEAN MATTHEW DILLER: This year we are leading up to our celebration of 100 Years of Women at Fordham Law School. In September 1918, the Fordham Law faculty voted to admit women, and we are planning to celebrate that in style. But tonight perhaps is a bit of a teaser for that. Justice Rosalie Silberman Abella is a woman of firsts. She is the first Jewish woman to sit on the bench of the Supreme Court of Canada, and before the Supreme Court, when she was appointed to the Ontario Family Court in 1976, she became the first Jewish woman ...


History And Harvard Law School, Bruce A. Kimball, Daniel R. Coquillette Dec 2018

History And Harvard Law School, Bruce A. Kimball, Daniel R. Coquillette

Fordham Law Review

In their seminal article, Alfred Konefsky and John Henry Schlegel saw institutional histories of law schools as the graveyard of academic reputations. So why write institutional histories? Due to the leadership of Robert Kaczorowski and William Nelson, and the generosity of Fordham University School of Law and New York University School of Law, an important conference took place between July 2 and July 4, 2018, at New York University’s Villa La Pietra outside of Florence. The purpose was to encourage good institutional history and to define its value. We had recently published the first volume of a new history ...


Essay: Developing Appropriate Standards For Achieving Diversity In Faculty Appointments, Guido Calabresi Dec 2018

Essay: Developing Appropriate Standards For Achieving Diversity In Faculty Appointments, Guido Calabresi

Fordham Law Review

I am writing today to talk about diversity within law school faculties. And when I say “diversity,” I mean all sorts of diversities, not just the ones that most of those who address the issue tend to focus on. I have, for many years, been thinking about the different types of diversities that seem crucial to a law school, and the appropriate ways of achieving them. Part I lists the categories of diversity that I think are important to considering diversity within law school faculties. It then indicates a problem that inheres with this list. Part II suggests how different ...


Women In The Legal Academy: A Brief History Of Feminist Legal Theory, Robin West Dec 2018

Women In The Legal Academy: A Brief History Of Feminist Legal Theory, Robin West

Fordham Law Review

Women’s entry into the legal academy in significant numbers—first as students, then as faculty—was a 1970s and 1980s phenomenon. During those decades, women in law schools struggled: first, for admission and inclusion as individual students on a formally equal footing with male students; then for parity in their numbers in classes and on faculties; and, eventually, for some measure of substantive equality across various parameters, including their performance and evaluation both in and in front of the classroom, as well as in the quality of their experiences as students and faculty members and in the benefits to ...


Second Mode Inclusion Claims In The Law Schools, Kenneth W. Mack Dec 2018

Second Mode Inclusion Claims In The Law Schools, Kenneth W. Mack

Fordham Law Review

During the past half-decade, law school student demands for changes in legal education to address issues of diversity and inclusion have both proliferated and grown insistent. Although the demands are somewhat varied, they have sometimes stretched far beyond the admission and hiring of more students and faculty from minority groups. Students have advocated for basic changes in the way that law schools operate in order to make them more inclusive of groups that have been historically marginalized within these institutions.


The Role Of Direct-Injury Government-Entity Lawsuits In The Opioid Litigation, Edgar Aliferov Dec 2018

The Role Of Direct-Injury Government-Entity Lawsuits In The Opioid Litigation, Edgar Aliferov

Fordham Law Review

The opioid epidemic has ravaged the United States, killing over 100 Americans every day and costing the nation upward of $90 billion a year. All branches and levels of the government have pursued measures to combat the epidemic and reduce its societal costs. Perhaps the most interesting response is the emergence of direct-injury government-entity lawsuits, which seek to recover damages from opioid companies that facilitated prescription pill addictions. Cities, counties, and states across the country are suing opioid manufacturers and distributors in unprecedented numbers. This Note explores the role of direct-injury government-entity claims as compared to other forms of civil ...


Executive Power, Drone Executions, And The Due Process Rights Of American Citizens, Jonathan G. D'Errico Dec 2018

Executive Power, Drone Executions, And The Due Process Rights Of American Citizens, Jonathan G. D'Errico

Fordham Law Review

Few conflicts have tested the mettle of procedural due process more than the War on Terror. Although fiery military responses have insulated the United States from another 9/11, the Obama administration’s 2011 drone execution of a U.S. citizen allegedly associated with al-Qaeda without formal charges or prosecution sparked public outrage. Judicial recognition that this nonbattlefield execution presented a plausible procedural due process claim ignited questions which continue to smolder today: What are the limits of executive war power? What constitutional privileges do American citizens truly retain in the War on Terror? What if the executive erred in ...


Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler Dec 2018

Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler

Fordham Law Review

More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with religions that disapprove of homosexuality. As such, voucher-accepting schools across the country have admissions policies that discriminate against LGBT students and students with LGBT parents. Little recourse exists for students who suffer discrimination at the hands of voucher-accepting schools. This Note considers two ways to provide protection from such discrimination for LGBT students and ultimately argues that the best route is for an LGBT student to ...


You Say Intrastate, I Say Interstate: Why We Should Call The Whole Thing Off, Andrew Wiktor Dec 2018

You Say Intrastate, I Say Interstate: Why We Should Call The Whole Thing Off, Andrew Wiktor

Fordham Law Review

As society evolves, so do criminals. In the early twentieth century, America embraced the automobile, passed the Volstead Act, and created a national highway program. These developments inadvertently paved the way for interstate criminal enterprise. Infamous gangsters such as Al Capone were able to operate large-scale racketeering syndicates without fear of being prosecuted for two primary reasons: (1) states lacked jurisdiction, resources, or both to go after such criminals, and (2) there was no federal criminal statute to fill the gap left by the states. But as criminals evolve, so does society. In 1961, Congress, at the urging of Attorney ...


The Bureau Of Land Management's Infirm Compensatory Mitigation Policy, Justin Pidot Dec 2018

The Bureau Of Land Management's Infirm Compensatory Mitigation Policy, Justin Pidot

Fordham Environmental Law Review

Secretary of the Interior Ryan Zinke has described “compensatory mitigation” as “un-American” and “extortion.” In keeping with that view, on July 26, 2018, the Bureau of Land Management (“BLM”) adopted a radical new policy that disclaims statutory authority to impose compensatory mitigation measures.

Notwithstanding the aspersions the Secretary has cast, compensatory mitigation is a common-sense policy instrument that has been a mainstay of environmental and public lands policy for decades. It is a tool through which an agency authorizing private activities—drilling oil wells, filling wetlands—conditions its approval upon the implementation of measures to offset attendant environmental harms. Compensatory ...


The Affordable Clean Energy Rule And The Past, Present And Future Of Climate Change Regulation Of The U.S. Power Industry, David Zilberberg Dec 2018

The Affordable Clean Energy Rule And The Past, Present And Future Of Climate Change Regulation Of The U.S. Power Industry, David Zilberberg

Fordham Environmental Law Review

No abstract provided.


Reaching The Individual: A Proposed Federal Framework To Reduce Community-Based Greenhouse Gas Emissions, Rachel Manning Dec 2018

Reaching The Individual: A Proposed Federal Framework To Reduce Community-Based Greenhouse Gas Emissions, Rachel Manning

Fordham Environmental Law Review

No abstract provided.


Standing For Everyone: Sierra Club V. Morton, Supreme Court Deliberations, And A Solution To The Problem Of Environmental Standing, Scott W. Stern Dec 2018

Standing For Everyone: Sierra Club V. Morton, Supreme Court Deliberations, And A Solution To The Problem Of Environmental Standing, Scott W. Stern

Fordham Environmental Law Review

No abstract provided.


Fordham University School Of Law: A Case Study Of Legal Education In Twentieth-Century America, Robert J. Kaczorowski Dec 2018

Fordham University School Of Law: A Case Study Of Legal Education In Twentieth-Century America, Robert J. Kaczorowski

Fordham Law Review

This paper focuses on three themes that shaped legal education in twentieth-century America and roughly organizes the topics of this conference. These themes emerged when I was researching and writing the history of Fordham University School of Law. Consequently, I will discuss Fordham’s history as a case study focused on the following themes: 1. The importance of university relations and funding to enhancing the quality of a law school; 2. The importance of scholarship and the changing nature of scholarship in legal education; and 3. The importance of diversity and the changing nature of diversity in legal education.


Subsidiarity And Federalism: The Relationship Between Law Schools And Their Universities, John Sexton Dec 2018

Subsidiarity And Federalism: The Relationship Between Law Schools And Their Universities, John Sexton

Fordham Law Review

In his book on the history of Fordham University School of Law, Bob Kaczorowski does not take an explicit position on how decision-making authority on matters ranging from resource utilization to curriculum development should be allocated between a law school and its university. Rather, he offers in detail a story and extensive evidence that tends to reflect and support the view traditionally taken by the American Bar Association (ABA), the vast majority of law faculty, and most law school deans on the subject: listen, you folks over there at the university—we know what we are doing, so just leave ...


Lady Justice Cannot Hear Your Prayers, Deborah Ogali Dec 2018

Lady Justice Cannot Hear Your Prayers, Deborah Ogali

Fordham Law Review

The Islamic finance industry continues to grow quickly as the appetite for everything, from Sharia-compliant home mortgages and car loans to sophisticated financial products, increases. This growth has triggered an interest in sukuk, bond-like financial instruments. And while the international market for sukuk has long been dominated by foreign issuers and English law, the attraction of a niche market compatible with U.S. federal and international securities laws may propel increased participation by U.S. issuers and investors who wish to transact under U.S. federal and state laws. As with all Islamic financial products, sukuk transactions inherently pose a ...


Forbidden Friending: A Framework For Assessing The Reasonableness Of Nonsolicitation Agreements And Determining What Constitutes A Breach On Social Media, Erin Brendel Mathews Dec 2018

Forbidden Friending: A Framework For Assessing The Reasonableness Of Nonsolicitation Agreements And Determining What Constitutes A Breach On Social Media, Erin Brendel Mathews

Fordham Law Review

Social media has changed the way people conduct their day-to-day lives, both socially and professionally. Prior to the proliferation of social media, it was easier for people to keep their work lives and social lives separate if they so wished. What social media has caused people to do in recent years is to blend their personal and professional personas into one. People can choose to fill their LinkedIn connections with both their clients and their college classmates, they can be Facebook friends with their coworkers right along with their neighbors, and they can utilize social media sites to market themselves ...


The Importance Of Scholarship To Law School Excellence, William E. Nelson Dec 2018

The Importance Of Scholarship To Law School Excellence, William E. Nelson

Fordham Law Review

As we have learned from Dan Coquillette, Bob Kaczorowski, and John Sexton, access to substantial funding is undoubtedly a prerequisite for a law school to enjoy excellence. Funding, that is, is a necessary, but not sufficient condition for excellence. Something else—intellectual vision—is also required.


Universal Representation, Lindsay Nash Nov 2018

Universal Representation, Lindsay Nash

Fordham Law Review

In an era in which there is little good news for immigrant communities and even holding the line has become an ambitious goal, one progressive project has continued to gain steam: the movement to provide universal representation for noncitizens in removal proceedings. This effort, initially born out of a pilot project in New York City, has generated a host of replication projects throughout the nation and holds the promise of even broader expansion. But as it grows, this effort must confront challenges from within: the sort-of supporters who want to limit this representation system’s coverage in a number of ...