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Articles 1 - 30 of 116
Full-Text Articles in Law
The Presidential Succession Act At 75 | Nuclear Weapons And The Presidential Succession Act Of 1947, Rebecca C. Lubot
The Presidential Succession Act At 75 | Nuclear Weapons And The Presidential Succession Act Of 1947, Rebecca C. Lubot
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | A White House Counsel’S Perspective On Presidential Health And The Line Of Succession, Arthur B. Culvahouse Jr.
The Presidential Succession Act At 75 | A White House Counsel’S Perspective On Presidential Health And The Line Of Succession, Arthur B. Culvahouse Jr.
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | Presidential And Vice Presidential Illness And The Presidential Succession Act Of 1947, Rose Mcdermott
The Presidential Succession Act At 75 | Presidential And Vice Presidential Illness And The Presidential Succession Act Of 1947, Rose Mcdermott
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | Continuity Of Government Efforts, Garrett M. Graff
The Presidential Succession Act At 75 | Continuity Of Government Efforts, Garrett M. Graff
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | Carl Albert, Bipartisanship, And Presidential Succession: Lessons From Watergate, Joseph J. Fins
The Presidential Succession Act At 75 | Carl Albert, Bipartisanship, And Presidential Succession: Lessons From Watergate, Joseph J. Fins
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | How Close Has The United States Come To Having Lawmakers Succeed To The Presidency?, Roy E. Brownell Ii
The Presidential Succession Act At 75 | How Close Has The United States Come To Having Lawmakers Succeed To The Presidency?, Roy E. Brownell Ii
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | Proposals To Reform The 1947 Act And How Reform Could Be Effectuated, John C. Fortier
The Presidential Succession Act At 75 | Proposals To Reform The 1947 Act And How Reform Could Be Effectuated, John C. Fortier
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | The 1947 Act And The Judiciary: Would The Courts Decide Who Is President?, Gregory F. Jacob
The Presidential Succession Act At 75 | The 1947 Act And The Judiciary: Would The Courts Decide Who Is President?, Gregory F. Jacob
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | The Incumbency “Requirement” In The Presidential Succession Act Of 1947: Policy And Constitutional Considerations, James Ronan
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | The Twentieth Amendment, The Presidential Succession Act Of 1947, And Pre-Inaugural Problems, Brian C. Kalt
The Presidential Succession Act At 75 | The Twentieth Amendment, The Presidential Succession Act Of 1947, And Pre-Inaugural Problems, Brian C. Kalt
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | The Bumping Provisions Of The Presidential Succession Act Of 1947: Policy And Constitutional Considerations, Americo Cinquegrana
The Presidential Succession Act At 75 | The Bumping Provisions Of The Presidential Succession Act Of 1947: Policy And Constitutional Considerations, Americo Cinquegrana
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | Problems With The Legislative Succession Provisions Of The Presidential Succession Act Of 1947, Norm J. Ornstein
The Presidential Succession Act At 75 | Problems With The Legislative Succession Provisions Of The Presidential Succession Act Of 1947, Norm J. Ornstein
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | A Defense Of The Legislative “Officer” Succession Provisions, Seth Barrett Tillman
The Presidential Succession Act At 75 | A Defense Of The Legislative “Officer” Succession Provisions, Seth Barrett Tillman
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | The Relationship Between The Presidential Succession Act Of 1947 And The Twenty-Fifth Amendment, John Rogan
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | History Of The Legislative Succession Provisions In The Presidential Succession Act Of 1947, Joel K. Goldstein
The Presidential Succession Act At 75 | History Of The Legislative Succession Provisions In The Presidential Succession Act Of 1947, Joel K. Goldstein
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | Keynote Address, Jeh C. Johnson
The Presidential Succession Act At 75 | Keynote Address, Jeh C. Johnson
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | Opening Address, John D. Feerick
The Presidential Succession Act At 75 | Opening Address, John D. Feerick
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
Abortion Rights Under State Constitutions: A Fifty-State Survey, Robert L. Bentlyewski
Abortion Rights Under State Constitutions: A Fifty-State Survey, Robert L. Bentlyewski
Fordham Law Review Online
The U.S. Supreme Court appears poised to overturn Roe v. Wade and its progeny, removing any federal law protection of the right to an abortion. However, numerous state supreme courts have interpreted their state constitutions to independently recognize such a right, finding their state’s equal protection, due process, and privacy rights more expansive than those at the federal level. This Essay surveys all fifty states to ascertain how much protection each state currently affords to women’s right to an abortion. Most state supreme courts have not made a determinative ruling on the issue, and a significant majority of state constitutions …
Old Dilemmas, New Guises: Developing An Anti-Subordination Reading Of Students For Fair Admissions V. Harvard, Eric Szkarlat
Old Dilemmas, New Guises: Developing An Anti-Subordination Reading Of Students For Fair Admissions V. Harvard, Eric Szkarlat
Fordham Law Review Online
In 2022, the U.S. Supreme Court will again hear arguments on the constitutionality of race-conscious affirmative action in college admissions. This outcome was far from foretold: the late Justice Ruth Bader Ginsburg had suggested the Court might never take up affirmative action in admissions again. Yet after dragging its feet on granting certiorari, the Court agreed to hear Students for Fair Admissions (SFFA) v. Harvard. This time, however, the case has a substantially different and quite controversial posture. That posture centers on alleged discrimination against Asian and Pacific American (APA) students applying to college. Some APA students are divided …
The Anomalous Issue Class, Veniamin Privalov
The Anomalous Issue Class, Veniamin Privalov
Fordham Law Review Online
The modern class action is a litigation superstar. The device’s potential for opening the courthouse doors to “small people,” holding big business accountable, and enacting sweeping reform is second to none. In recent years, however, the star has waned. Judicial hostility has made it harder for plaintiffs to certify a class while making it easier for defendants to avoid class actionsentirely. Certifying a mass tort class has become nearly impossible. Plaintiff lawyers’ creative attempts to work around these roadblocks have been shut down one after another by the Supreme Court. It is in this scorched mass litigation landscape that commentators …
How To Regulate Online Platforms: Why Common Carrier Doctrine Is Inappropriate To Regulate Social Networks And Alternate Approaches To Protect Rights, Edward W. Mclaughlin
How To Regulate Online Platforms: Why Common Carrier Doctrine Is Inappropriate To Regulate Social Networks And Alternate Approaches To Protect Rights, Edward W. Mclaughlin
Fordham Law Review Online
Concerns about the “concentrated control of so much speech in the hands of a few private parties” and their ability to suppress some user speech have led to calls to regulate online platforms like common carriers or public accommodations. Advocates of that regulation theorize that social media platforms host today’s public forum and are open to all comers and so should have a responsibility to be content neutral and allow all voices to be heard. Traditionally, the argument that private players, as opposed to only government actors, can violate individuals’ free speech rights was a progressive cause, but recently conservative …
Court Mandated Technology-Assisted Review In E-Discovery: Changes In Proportionality, Cost-Shifting, And Spoliation, Graham Streich
Court Mandated Technology-Assisted Review In E-Discovery: Changes In Proportionality, Cost-Shifting, And Spoliation, Graham Streich
Fordham Law Review Online
Burgeoning advanced technology-assisted review (TAR) methods challenge justifications for requesting parties’ burdens and litigant cooperation in e-discovery. Increasingly accurate and accessible TAR introduces novel issues in e-discovery, including determining the proportionality of discovery requests and managing information in spoliation cases. This Essay recommends reconsidering the judiciary’s role in e-discovery in light of new technology and argues that courts, particularly lower courts, need expert technical guidance to adequately address the issues e-discovery presents.
Polarizing Impact: Indigenous Consultation Under International Labor Organization Convention 169 And The Emerging Polar Shipping Industry, Danika Elizabeth Watson
Polarizing Impact: Indigenous Consultation Under International Labor Organization Convention 169 And The Emerging Polar Shipping Industry, Danika Elizabeth Watson
Fordham Law Review Online
This Article analyzes U.S. ratification of International Labour Organization (ILO) Convention 169, Indigenous and Tribal Peoples Convention (“Convention 169” or “C. 169”), by evaluating the impact in terms of its ability to solidify its protections of the land and lifeways of Arctic Indigenous people and strengthen the United States’s position as an international leader in Arctic life, development, and policy. Part I presents the issues. Part II introduces the growth of a polar shipping industry in the context of a rapidly melting Arctic. Part III provides a brief gloss on the complex and shifting international legal framework governing Arctic sovereignty …
Recording Virtual Justice: Cameras In The Digital Courtroom, Matthew Bultman
Recording Virtual Justice: Cameras In The Digital Courtroom, Matthew Bultman
Fordham Law Review Online
With in-person hearings limited during the COVID-19 pandemic, many courts pivoted to proceedings held over the telephone or on virtual platforms like Zoom. It appears these proceedings are here to stay, with various benefits having been realized from remote access to the courts. Remote hearings have, however, given rise to constitutional questions. This Essay focuses on one emerging issue: courts’ ability to prohibit the press and the public from recording or disseminating these proceedings. While the constitutionality of recording and broadcasting restrictions inside the real-world courtroom is established, little consideration was given to the extension of these rules to the …
Tenancies Uncommon: Limits On Representing Cotenants Pro Se, Robert L. Bentlyewski
Tenancies Uncommon: Limits On Representing Cotenants Pro Se, Robert L. Bentlyewski
Fordham Law Review Online
An adversary proceeding that was part of the Bernie Madoff bankruptcy litigation involved a fraud victim making a motion to represent pro se the interests of all tenants in common who co-owned an account with Madoff. This Essay analyzes and expands upon the bankruptcy court’s holding, which addressed this novel issue by finding that a tenant in common cannot represent his cotenants pro se for two reasons. First, a tenancy in common is not a legal entity that can speak with one voice. Second, one tenant in common cannot represent one or more other cotenants’ interests in litigation without joining …
Tribute To Judge Duffy | Clerk Recollections, Stories, And Vignettes, Judge Duffy's Former Clerks
Tribute To Judge Duffy | Clerk Recollections, Stories, And Vignettes, Judge Duffy's Former Clerks
Fordham Law Review Online
In his forty-four years on the bench, Judge Duffy had sixty-five law clerks, each with their own stories about his inimitable courtroom presence, keen intellect, tremendous heart, and unique sense of humor. In addition to the longer tributes, we wanted to include at least a small sampling of the rich variety of heartfelt remembrances of Kevin Thomas Duffy (“KTD”) that have been shared among his scores of clerks since the Judge’s passing. We also asked our clerk community for the five words that come to mind when they think of the Judge. We have included a Word Cloud that displays …
Tribute To Judge Duffy | Honorable Kevin Thomas Duffy, Loretta A. Preska
Tribute To Judge Duffy | Honorable Kevin Thomas Duffy, Loretta A. Preska
Fordham Law Review Online
It is a joy and an honor to write a few words about our beloved former colleague, Judge Kevin Thomas Duffy. Believe me when I tell you that behind that seemingly gruff exterior resided one of the greatest ladies men of the Western World. Kevin was a dedicated colleague to everyone, but his comradery with women was particularly special.
Tribute To Judge Duffy | A Prayer For St. Kevin, Meghan Silhan Mastrocovi
Tribute To Judge Duffy | A Prayer For St. Kevin, Meghan Silhan Mastrocovi
Fordham Law Review Online
Judge Duffy’s clerks benefitted from invaluable legal lessons. In my case, I was lucky enough to help him prepare for four sittings on the Ninth Circuit, where he regularly sat by designation. Each sitting presented a heavy caseload, and we lived and breathed the cases during those weeks. He wrote strong dissents. On one occasion, he aptly convinced the panel to adopt his proposed dissent as the majority opinion. We celebrated the occasion with chocolate ice cream. To be sure, the moments that resonate most are not the legal ones, but those found in the ordinary moments spent with an …
Tribute To Judge Duffy | A View From Below, Denis J. Mcinerney
Tribute To Judge Duffy | A View From Below, Denis J. Mcinerney
Fordham Law Review Online
It is only natural that different people (clerks, colleagues, court reporters, lawyers, marshals, parties, et cetera) saw KTD differently (as a humorist, a “no nonsense” judge, a loyal friend, an iconoclast, an enigma, et cetera). I am deeply honored, as one of the Judge’s sons-at-law, to offer just a glimpse into what it was like to be within his orbit with a few illustrations of his unique manner and mind.
Tribute To Judge Duffy | Kevin Thomas Duffy: I Never Called Him Kevin . . ., Charles Labella
Tribute To Judge Duffy | Kevin Thomas Duffy: I Never Called Him Kevin . . ., Charles Labella
Fordham Law Review Online
Where to begin . . . Clerking for KTD was my first job after graduating from Fordham Law. I was a kid in the law working with a tenured professor who was also the chair of the department. The first lesson was that you worked with KTD. While many of my fellow graduates who were working as clerks were working for a particular judge, I didn’t work for KTD, as he was quick to remind me, I worked with him. It was a collaboration. While I knew nothing really, he insisted we worked as a team. That was the first …