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Articles 31 - 60 of 243
Full-Text Articles in Law
Panel 1: Tech, Platform, And Privacy — What The Future Holds, Renata Hesse, Cani Fernández, Bernard (Barry) Nigro, Jr., Sean Royall, Koren Wong-Ervin
Panel 1: Tech, Platform, And Privacy — What The Future Holds, Renata Hesse, Cani Fernández, Bernard (Barry) Nigro, Jr., Sean Royall, Koren Wong-Ervin
Fordham Competition Law Institute
No abstract provided.
Welcome And Keynote Address, James Keyte
Welcome And Keynote Address, James Keyte
Fordham Competition Law Institute
No abstract provided.
Panel 2: Understanding Network Effects In The Platform Context, Mike Cragg, Rosa Abrantes-Metz, Evan Chesler, Lars Kjølbye, Kai-Uwe Kühn
Panel 2: Understanding Network Effects In The Platform Context, Mike Cragg, Rosa Abrantes-Metz, Evan Chesler, Lars Kjølbye, Kai-Uwe Kühn
Fordham Competition Law Institute
No abstract provided.
Panel 1: Econometrics And Modeling For Mergers Globally, Renée Duplantis, Konstantin Ebinger, Thorsten Mäger, Loren Smith, Justin Stewart-Teitelbaum
Panel 1: Econometrics And Modeling For Mergers Globally, Renée Duplantis, Konstantin Ebinger, Thorsten Mäger, Loren Smith, Justin Stewart-Teitelbaum
Fordham Competition Law Institute
No abstract provided.
Heads Of Authority Q&A, James Keyte, Andrea Coscelli, Isabelle De Silva, Cani Fernández, Olivier Guersent, Margarida Matos Rosa, Gabriella Muscolo, Christine Wilson
Heads Of Authority Q&A, James Keyte, Andrea Coscelli, Isabelle De Silva, Cani Fernández, Olivier Guersent, Margarida Matos Rosa, Gabriella Muscolo, Christine Wilson
Fordham Competition Law Institute
No abstract provided.
Welcome And Opening Remarks; Conflicting Decisions In Pharmaceutical Class Certification, James Keyte, George Korenko, Jeffrey C. Bank, Justin Bernick, Danielle R. Foley, Tram Nguyen
Welcome And Opening Remarks; Conflicting Decisions In Pharmaceutical Class Certification, James Keyte, George Korenko, Jeffrey C. Bank, Justin Bernick, Danielle R. Foley, Tram Nguyen
Fordham Competition Law Institute
No abstract provided.
Remarks, Akhil Reed Amar
Remarks, Katherine Bayh
Remarks, Lowell Beck
Remarks, Jason Berman
The Twenty-Fifth Amendment—In The Words Of Birch Bayh, Its Principal, John D. Feerick
The Twenty-Fifth Amendment—In The Words Of Birch Bayh, Its Principal, John D. Feerick
Fordham Law Review
No abstract provided.
Birch Bayh And The Twenty-Fifth Amendment: Lessons In Leadership, Joel K. Goldstein
Birch Bayh And The Twenty-Fifth Amendment: Lessons In Leadership, Joel K. Goldstein
Fordham Law Review
No abstract provided.
Remarks, Patrick Leahy
Remarks, Pj Mode
Secret Faits Accomplis: Declination Decisions, Nonprosecution Agreements, And The Crime Victim’S Right To Confer, Zulkifl M. Zargar
Secret Faits Accomplis: Declination Decisions, Nonprosecution Agreements, And The Crime Victim’S Right To Confer, Zulkifl M. Zargar
Fordham Law Review
The state’s monopoly power over the institution of prosecution is a feature as familiar as any in the American criminal justice system. That the criminal proceeding is between the state and the defendant leaves little doubt as to the identities of the victimized interest and the offender. But, in avenging societal harm alone, the criminal process treats another victim—the crime victim— as an outcast. Beginning in the 1970s, the victim’s rights movement mobilized to address this institutional neglect, and, by most accounts, it has triumphed. Federal and state victim’s rights laws now empower victims to attend criminal proceedings, deliver impact …
Senator Birch Bayh’S Contributions To Women’S Rights, Panel Panel
Senator Birch Bayh’S Contributions To Women’S Rights, Panel Panel
Fordham Law Review
No abstract provided.
The Support-Or-Advocacy Clauses, Richard Primus, Cameron O. Kistler
The Support-Or-Advocacy Clauses, Richard Primus, Cameron O. Kistler
Fordham Law Review
Two little known clauses of a Reconstruction-era civil rights statute are potentially powerful weapons for litigators seeking to protect the integrity of federal elections. For the clauses to achieve their potential, however, the courts will need to settle correctly a contested question of statutory interpretation: do the clauses create substantive rights, or do they merely create remedies for substantive rights specified elsewhere? The correct answer is that the clauses create substantive rights.
Natural Law Colloquium Legal Interpretation And Natural Law, Mark Greenberg
Natural Law Colloquium Legal Interpretation And Natural Law, Mark Greenberg
Fordham Law Review
No abstract provided.
Remarks, Ira Shapiro
Opening Pandora’S Jury Box, B. Samantha Helgason
Opening Pandora’S Jury Box, B. Samantha Helgason
Fordham Law Review
More than sixty years ago, the U.S. Supreme Court decided Remmer v. United States, thereby defining what procedural steps restore a defendant’s Sixth Amendment right to a fair trial in the face of a contaminated or partial jury. Remmer, a case replete with evidence of jury tampering and covert investigations, fashioned the remedy for future courts to redress allegations of jury taint. Upon making out a prima facie case, a defendant is entitled to an evidentiary hearing, at which the evidence is presumed to prejudice the defendant, and the government bears the burden of rebutting. In Remmer’s wake, however, the …
Remarks, Jessee Wegman
Healing A Fractured Preemption Doctrine: The Impact Of Merck Sharp & Dohme Corp. V. Albrecht On Impossibility Preemption Defenses, Elizabeth Marley
Healing A Fractured Preemption Doctrine: The Impact Of Merck Sharp & Dohme Corp. V. Albrecht On Impossibility Preemption Defenses, Elizabeth Marley
Fordham Law Review
Patient safety depends on tort litigation to identify a brand-name drug’s undisclosed risks, illuminate flaws in a drug’s design, and raise concerns that a drug requires further study before it is safe for patient use. However, since the U.S. Supreme Court’s landmark decision in Wyeth v. Levine, which permitted the plaintiff to move forward but recognized an in-principle impossibility preemption defense, drug manufacturers have shielded themselves from liability under a range of circumstances. Under this defense, federal law preempts state law tort actions against brand-name drug manufacturers in any court across the country. Yet, the scope of the impossibility preemption …
Substantive Due Process And A Comparison Of Approaches To Sexual Liberty, William Council
Substantive Due Process And A Comparison Of Approaches To Sexual Liberty, William Council
Fordham Law Review
Over 150 years ago, Congress passed and the states ratified the Fourteenth Amendment, banning states from passing or enforcing laws based on unconstitutional classifications and protecting persons in the United States from adjudication without due process. For over one hundred years, however, courts and commentators have been fighting over the Fourteenth Amendment’s Due Process Clause’s controversial protections of substantive rights. The U.S. Supreme Court has applied inconsistent methodologies to these substantive due process claims, attempting to walk a tightrope between the Court’s power to subjectively announce new rights as “fundamental” and the traditional role of the states’ plenary police powers. …
Action, Affiliation, And A Duty Of Care: Physicians’ Liability In Nontraditional Settings, Saniya Suri
Action, Affiliation, And A Duty Of Care: Physicians’ Liability In Nontraditional Settings, Saniya Suri
Fordham Law Review
As healthcare delivery options drastically expand and change, patients and physicians continue to interact in unique ways. These interactions have become more complex and unconventional, challenging courts to establish whether a duty of care exists between the physician and patient in these new situations. Courts that answer this duty question affirmatively do so either by applying a more capacious understanding of the traditional physicianpatient relationship or by deeming foreseeability of harm and reliance sufficient under certain circumstances, even in the absence of an actual physician-patient relationship. This Note investigates this unresolved duty question in two contexts: curbside consultations—when a physician …
Foreword, John D. Feerick, John Rogan
Remarks, Jon Soderstrom
Visions Of The Republic Symposium: School Funding Under The Neutrality Principle: Notes On A Post-Espinoza Future, Aaron Saiger
Visions Of The Republic Symposium: School Funding Under The Neutrality Principle: Notes On A Post-Espinoza Future, Aaron Saiger
Fordham Law Review Online
Based on current conditions, and for a variety of reasons, the best guess—and it is only a guess—is that common schooling might be forced to give way before a rigorously read First Amendment duty of the state to avoid preferring irreligion over religion. This need not signal the end of the Progressive educational vision, however. It will be possible for those committed to the values inherent in common schooling to regroup, reconsidering some of their positions in order to advance their core commitments.
Visions Of The Republic Symposium: Voting With The Virus: Ensuring Democracy Via Bypassing The Excuse Requirements In Absentee Voting, Russell Spivak
Visions Of The Republic Symposium: Voting With The Virus: Ensuring Democracy Via Bypassing The Excuse Requirements In Absentee Voting, Russell Spivak
Fordham Law Review Online
One of the many difficulties posed by measures undertaken to curb the spread of the COVID-19 pandemic may be an inability to vote. Should this pandemic bleed into the fall, gathering at polling places, for example, would contravene guidelines prohibiting large gatherings particularly in crammed quarters. As such, jurisdictions must act immediately to broaden the use of absentee voting. Unfortunately, seventeen states, either via statute or constitutional provision, presently require an “excuse” to vote absentee. This could theoretically pose a problem insofar as fear of contracting the disease or spreading it to others may or may not qualify. This Article …
Visions Of The Republic Symposium: State Solutions To State Problems: Using State Constitutions To Fight Voter Suppression, Russell Spivak
Visions Of The Republic Symposium: State Solutions To State Problems: Using State Constitutions To Fight Voter Suppression, Russell Spivak
Fordham Law Review Online
Federal action has been undertaken throughout our nation’s history to both quell voter suppression and expand the franchise, countering racist state efforts to restrict the vote. In the face of shrinking federal solutions, those seeking to protect the vote must look for new methods. This Article proposes that advocates look more deeply at state constitutional law and pursue claims in state court to vindicate voting rights, as state constitutional provisions and precedent may provide fertile ground. In advancing this argument, the Article swiftly reviews the history of the federal government’s actions to protect voting throughout our nation’s history as well …
Visions Of The Republic Symposium: Facts And Fictions Of Corporate Executive Accountability, Masaki Iwasaki
Visions Of The Republic Symposium: Facts And Fictions Of Corporate Executive Accountability, Masaki Iwasaki
Fordham Law Review Online
U.S. Senator and former Democratic presidential contender Elizabeth Warren recently proposed the Corporate Executive Accountability Act, a bill that lowers the level of mental state required to prosecute executives for any corporate crime. A nationwide debate has been raging over this Act, but most arguments have focused on the appropriateness of the relaxed requirement, and the whole picture of executive accountability is vague. This Essay reveals what the facts and fictions of corporate executive accountability are, focusing on the degree of punishment of criminal executives. The author presents the estimates of expected direct and indirect punishments of executives and considers …