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Articles 1 - 30 of 98
Full-Text Articles in Law
The Paradoxical Structure Of Constitutional Litigation, Pamela S. Karlan
The Paradoxical Structure Of Constitutional Litigation, Pamela S. Karlan
Fordham Law Review
No abstract provided.
A Tribute To The Fordham Judiciary: A Century Of Service, Constantine N. Katsoris
A Tribute To The Fordham Judiciary: A Century Of Service, Constantine N. Katsoris
Fordham Law Review
No abstract provided.
Interpreting Congressional Silence: Cafa's Jurisdictional Burden Of Proof In Post-Removal Remand Proceedings, Jeffrey L. Roether
Interpreting Congressional Silence: Cafa's Jurisdictional Burden Of Proof In Post-Removal Remand Proceedings, Jeffrey L. Roether
Fordham Law Review
No abstract provided.
Prosecutorial Ethics And The Mcnulty Memo: Should The Government Scrutinize An Organization's Payment Of Its Employees' Attorneys' Fees?, Noah D. Stein
Fordham Law Review
No abstract provided.
Evidence And Ethics: Litigating In The Shadows Of The Rules, Joseph A. Colquitt
Evidence And Ethics: Litigating In The Shadows Of The Rules, Joseph A. Colquitt
Fordham Law Review
No abstract provided.
Myth And Reality Of University Trusteeship In The Post-Enron Era, José A. Cabranes
Myth And Reality Of University Trusteeship In The Post-Enron Era, José A. Cabranes
Fordham Law Review
No abstract provided.
The Bright Line Of Rapanos: Analyzing The Plurality's Two-Part Test, Taylor Romigh
The Bright Line Of Rapanos: Analyzing The Plurality's Two-Part Test, Taylor Romigh
Fordham Law Review
No abstract provided.
There's No Places Like Home: Why The Harm Standard In Grandparent Visitation Disputes Is In The Child's Best Interests, Lauren F. Cowan
There's No Places Like Home: Why The Harm Standard In Grandparent Visitation Disputes Is In The Child's Best Interests, Lauren F. Cowan
Fordham Law Review
No abstract provided.
Keeping Students Alive: Mandating On-Campus Counseling Saves Suicidal College Students' Lives And Limits Liability, Valerie Kravets Cohen
Keeping Students Alive: Mandating On-Campus Counseling Saves Suicidal College Students' Lives And Limits Liability, Valerie Kravets Cohen
Fordham Law Review
No abstract provided.
Process Theory, Majoritarianism, And The Original Understanding, William Michael Treanor
Process Theory, Majoritarianism, And The Original Understanding, William Michael Treanor
Fordham Law Review
No abstract provided.
Minimalism, Perfectionism, And Common Law Constitutionalism: Reflections On Sunstein's And Fleming's Efforts To Find The Sweet Spot In Constitutional Theory, Benjamin C. Zipursky
Minimalism, Perfectionism, And Common Law Constitutionalism: Reflections On Sunstein's And Fleming's Efforts To Find The Sweet Spot In Constitutional Theory, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
Reconciling Strict Liability With Corrective Justice In Contract Law, Curtis Bridgeman
Reconciling Strict Liability With Corrective Justice In Contract Law, Curtis Bridgeman
Fordham Law Review
No abstract provided.
Guarding The Government's Coffers: The Need For Competition Requirements To Safeguard Federal Government Procurement, Lani A. Perlman
Guarding The Government's Coffers: The Need For Competition Requirements To Safeguard Federal Government Procurement, Lani A. Perlman
Fordham Law Review
No abstract provided.
Wrestling With Muds To Pin Down The Truth About Special Districts, Sara C. Galvan
Wrestling With Muds To Pin Down The Truth About Special Districts, Sara C. Galvan
Fordham Law Review
Federal, state, and local governments encourage and empower special districts--board-run, special purpose local government units that are administratively and fiscally independent from general purpose local governments. Special districts receive incentives, grants, and freedom from limitations (such as limitations on tax and debt) imposed on general purpose local governments. Special districts are treated favorably because they are small in size, which theoretically means they foster democratic participation; are limited in purpose, meaning that states can tailor special districts' powers to serve specific problems; and are viewed as efficient solutions to specific problems. Though special districts have tripled in number over the …
Valuing Autonomy, Youngjae Lee
Privacy, Minimalism, And Perfectionism, Charles A. Kelbley
Privacy, Minimalism, And Perfectionism, Charles A. Kelbley
Fordham Law Review
No abstract provided.
Managing Electronic Discovery: Views From The Judges, Lee H. Rosenthal, James C. Francis, Daniel J. Capra
Managing Electronic Discovery: Views From The Judges, Lee H. Rosenthal, James C. Francis, Daniel J. Capra
Fordham Law Review
No abstract provided.
Preliminary Injunctions: In Defense Of The Merits, John Leubsdorf
Preliminary Injunctions: In Defense Of The Merits, John Leubsdorf
Fordham Law Review
A recent article by Richard Brooks and Warren Schwartz contends that the goal of preliminary injunctions should be to promote efficient conduct during a lawsuit. It would do this by granting injunctions to all plaintiffs who post a bond covering the defendant's damages provided that the plaintiff has some claim on the merits. This reply defends the more traditional approach theorized in a past article by this author and in an opinion of Judge Richard Posner. Under that approach, courts should continue to consider the merits of the plaintiff's claim and the irreparable injury to the parties' rights that an …
The Lethal Injection Quandary: How Medicine Has Dismantled The Death Penalty, Deborah W. Denno
The Lethal Injection Quandary: How Medicine Has Dismantled The Death Penalty, Deborah W. Denno
Fordham Law Review
On February 20, 2006, Michael Morales was hours away from execution in California when two anesthesiologists declined to participate in his lethal injection procedure, thereby halting all state executions. The events brought to the surface the long-running schism between law and medicine, raising the question of whether any beneficial connection between the professions ever existed in the execution context. History shows it seldom did. Decades of botched executions prove it. This Article examines how states ended up with such constitutionally vulnerable lethal injection procedures, suggesting that physician participation in executions, though looked upon with disdain, is more prevalent--and perhaps more …
The Criminalization Of Treating End Of Life Patients With Risky Pain Medication And The Role Of The Extreme Emergency Situation, Gina Castellano
The Criminalization Of Treating End Of Life Patients With Risky Pain Medication And The Role Of The Extreme Emergency Situation, Gina Castellano
Fordham Law Review
This Note examines the legality of physicians treating patients near the end of life with risky pain medication, specifically during an extreme emergency situation. The issues discussed include whether such treatment should be criminalized and, if criminalized, what standard should be used to determine culpability. This Note proposes that physicians should not be shielded from the criminal justice system, but that the standard of double effect intent should be expressly adopted in the adjudication of such cases.
Corporate Salvation Or Damnation? Proposed New Federal Legislation On Selective Waiver, Liesa L. Richter
Corporate Salvation Or Damnation? Proposed New Federal Legislation On Selective Waiver, Liesa L. Richter
Fordham Law Review
Recently, critics have attacked federal law enforcement policies that encourage corporate targets to disclose sensitive information protected by the corporate attorney-client privilege and work-product doctrine, arguing that the policies are coercive, fundamentally unfair, and destined to chill the free flow of information to corporate counsel. The most readily apparent collateral consequence of these policies, however, has been corporations' loss of privilege protection in subsequent litigation. Good corporate citizens that have chosen to cooperate with the government in this manner have been punished with broad findings of waiver and the dissemination of protected information to companies' civil adversaries. To protect companies …
Aids, Employment, And The Direct Threat Defense: The Burden Of Proof And The Circuit Court Split, Sarah R. Christie
Aids, Employment, And The Direct Threat Defense: The Burden Of Proof And The Circuit Court Split, Sarah R. Christie
Fordham Law Review
This Note examines disability-related discrimination in light of the protections afforded by the Americans with Disabilities Act (ADA) and in the context of an HIV- or AIDS-infected employee. Under the ADA, an employer may legally fire a worker who poses a direct threat to the individuals around him or her. It is unclear, however, whether the burden of proving or disproving the claim that an individual is a direct threat lies with the employer or the employee. This Note analyzes the circuit split over which party bears the burden of proof under the direct threat standard in light of prospective …
To Attach Or Not To Attach: The Continued Confusion Regarding Search Warrants And The Incorporation Of Supporting Documents, Michael Longyear
To Attach Or Not To Attach: The Continued Confusion Regarding Search Warrants And The Incorporation Of Supporting Documents, Michael Longyear
Fordham Law Review
The Fourth Amendment mandates that a search warrant particularly describe what is to be searched or seized. Courts have allowed officers to use supporting documentation, such as affidavits and other attachments, to define, but not expand, the limits of a search. However, the use of these supporting documents creates a problem when the document is referenced in the warrant but is not physically attached to the warrant. This Note argues that the protection of the Fourth Amendment is not the warrant itself, but the guarantee that a warrant, fully detailing the search to be undertaken, has been approved by a …
Operation "Drive Out The Trash": The Case For Imposing Targeted United Nations Sanctions Against Zimbabwean Officials, Katherine Hughes
Operation "Drive Out The Trash": The Case For Imposing Targeted United Nations Sanctions Against Zimbabwean Officials, Katherine Hughes
Fordham Law Review
In May 2005, representatives of President Robert Mugabe's government initiated a slum-clearance campaign entitled Operation Murambatsvina, which displaced nearly one million Zimbabweans. Using Operation Murambatsvina as a case study, this Note examines how the United Nations (U.N.) should respond to governments that violate the human rights of those living within their borders. Exploring arguments for and against the various responses available to the U.N., this Note argues that targeted sanctions are the most appropriate response to the abuses perpetrated by the Mugabe regime and offers suggestions for crafting a “smart” sanctions program.
Circuit Split Or A Matter Of Semantics? The Supreme Court's Upcoming Decision On Rule 10b-5 "Scheme Liability" And Its Implications For Tax Shelter Fraud Litigation, Mark S. Pincus
Fordham Law Review
After Internal Revenue Service investigations exposed widespread fraud among tax shelter promoters, angry investors sued for securities fraud under Securities and Exchange Commission Rule 10b-5, which provides a cause of action against “primary violators” of the Rule but not against mere “aiders and abettors.” This controversial distinction is further complicated by the recent introduction of “scheme liability” lawsuits under two previously obscure provisions of Rule 10b-5. This Note examines the circuit split over the “primary violator”/“aider and abettor” distinction in scheme liability claims, arguing that the circuits' conflicting concepts of scheme liability actually cover similar conduct, and that tax shelter …
Tracking Terrorist Financing Through Swift: When U.S. Subpoenas And Foreign Privacy Law Collide, Patrick M. Connorton
Tracking Terrorist Financing Through Swift: When U.S. Subpoenas And Foreign Privacy Law Collide, Patrick M. Connorton
Fordham Law Review
This Note examines the jurisprudence surrounding production orders that require the ordered party to violate foreign law, using the Terrorist Finance Tracking Program--better known as the SWIFT Program--as a case study. This Note recommends that courts excuse or punish noncompliance with such production orders based solely on the good or bad faith acts of the ordered party. Although this approach will clarify the law in this area, in certain circumstances it may make it more difficult for the United States to obtain information abroad. Consequently, this Note urges the United States to pursue formal and informal information-sharing agreements with its …
Is The Death Of The Death Penalty Near? The Impact Of Atkins And Roper On The Future Of Capital Punishment For Mentally Ill Defendants, Helen Shin
Fordham Law Review
In recent years, the U.S. Supreme Court has created two categorical exemptions to the death penalty. In Atkins v. Virginia, the Court exempted mentally retarded offenders. Three years later, in Roper v. Simmons, the Court extended the protection to juveniles. Based on these cases, the practices of foreign countries, and the opinions of professional organizations with relevant expertise, legal scholars speculate that the Court may, in the future, categorically exclude severely mentally ill offenders from the death penalty. This Note examines the feasibility of such an exemption for the mentally ill and considers its possible repercussions.
Nonprofit Law, Economic Challenges, And The Future Of Charities: Introduction, Linda Sugin
Nonprofit Law, Economic Challenges, And The Future Of Charities: Introduction, Linda Sugin
Fordham Law Review
No abstract provided.
The Board Of Nonprofit Organizations: Puzzling Through The Gaps Between Law And Practice, Evelyn Brody
The Board Of Nonprofit Organizations: Puzzling Through The Gaps Between Law And Practice, Evelyn Brody
Fordham Law Review
No abstract provided.
Wrong Way Corrigan And Recent Developments In The Nonprofit Landscape: A Need For New Legal Approaches, James J. Fishman
Wrong Way Corrigan And Recent Developments In The Nonprofit Landscape: A Need For New Legal Approaches, James J. Fishman
Fordham Law Review
No abstract provided.