Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (24)
- Intellectual Property Law (23)
- Civil Rights and Discrimination (17)
- Antitrust and Trade Regulation (14)
- Business Organizations Law (14)
-
- Dispute Resolution and Arbitration (14)
- Legal Ethics and Professional Responsibility (11)
- Securities Law (11)
- Environmental Law (10)
- Administrative Law (8)
- Civil Law (8)
- Criminal Law (8)
- International Law (8)
- Banking and Finance Law (7)
- Election Law (7)
- Admiralty (5)
- Business (5)
- Courts (5)
- Energy and Utilities Law (5)
- Entertainment, Arts, and Sports Law (5)
- International Trade Law (5)
- Law and Politics (5)
- Law of the Sea (5)
- Natural Resources Law (5)
- Agency (4)
- Agriculture Law (4)
- Air and Space Law (4)
- Animal Law (4)
- Comparative and Foreign Law (4)
- Keyword
-
- ADR; access to justice (14)
- Bayh (13)
- Corporate law; corporate lawyers; ethics (11)
- Professional responsibility; courts; judicial regulation; ethics (10)
- Constitution (9)
-
- Constitutional rights; foreign nations (8)
- Courts (6)
- Securities; sec (6)
- COVID19 (4)
- Finance (4)
- Prosecutors (4)
- Securities law (4)
- Supreme court (4)
- Antitrust (3)
- Archives (3)
- Criminal law (3)
- Patents (3)
- Presidential (3)
- Bangladesh (2)
- Blockchain (2)
- Book review (2)
- Contracts (2)
- Copyright infringement (2)
- Copyright law (2)
- Due process (2)
- GDPR (2)
- Gender (2)
- Government (2)
- Healthcare (2)
- Human rights (2)
- Publication
- Publication Type
Articles 1 - 30 of 243
Full-Text Articles in Law
Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani
Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani
Fordham Environmental Law Review
No abstract provided.
Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez
Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez
Fordham Environmental Law Review
No abstract provided.
Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal
Fordham Environmental Law Review
No abstract provided.
Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston
Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston
Fordham Environmental Law Review
No abstract provided.
Local Offenses, Brenner M. Fissell
Local Offenses, Brenner M. Fissell
Fordham Law Review
Criminal law is generally thought to exist within two jurisdictional levels: federal and state. Neglected in the legal mind, and in legal scholarship, is the vast body of criminal law promulgated by local governments. While one should ask “what” is being criminalized by cities, towns, and villages, one should also ask “how” these offenses are written. The offense-drafting practices reflected in state criminal law have been extensively studied, but this has never been attempted for local offenses. This Article undertakes that task. After surveying a large number of local criminal codes, this Article concludes that local offenses routinely fail to …
A Common Law Of Choice Of Law, Lea Brilmayer, Daniel B. Listwa
A Common Law Of Choice Of Law, Lea Brilmayer, Daniel B. Listwa
Fordham Law Review
For more than a generation, choice of law has been the victim of a historical contingency. The “conflicts revolution” of the mid-twentieth century and its legal realist leaders bundled together three concepts that, although all typifying the traditional approach, are not inherently connected: the “scientific formalism” of Bealean territorialism, attention to “system values” like uniformity and predictability, and judicial activism. The revolutionaries tied an anchor to formalism, sinking the regard for system values and judge-led decision-making in the process. This Essay argues that the rejection of system values and judicial lawmaking in the choice-of-law context was a mistake—and it offers …
State Criminal Procedure Rights: How Much Should The U.S. Supreme Court Influence, Kendra Kumor
State Criminal Procedure Rights: How Much Should The U.S. Supreme Court Influence, Kendra Kumor
Fordham Law Review
This Note is about state court interpretation of state constitutional provisions that relate to prosecutorial summation arguments. This Note finds that when the U.S. Supreme Court rules on a prosecutorial summation issue, state court interpretations of their state constitutional provisions are less diverse than when the Supreme Court does not issue an opinion. When state courts interpret their own constitutional provisions after Supreme Court precedent has been disseminated, they give more interpretative weight to the Supreme Court opinion than any other sister state precedent. This Note uses prosecutorial summation arguments to illustrate why state courts should refrain from placing greater …
Who Decides?: Civil Consent Jurisdiction Of U.S. Magistrate Judges And Third-Party Intervention, Eric Lim
Who Decides?: Civil Consent Jurisdiction Of U.S. Magistrate Judges And Third-Party Intervention, Eric Lim
Fordham Law Review
The Federal Magistrates Act permits a U.S. magistrate judge to preside over and enter final judgment in a civil case as a district judge would if all parties to the case have consented to the magistrate judge’s jurisdiction. Parties must consent voluntarily and affirmatively—although consent can be implied from the circumstances—to protect the parties’ constitutional right to have their case heard by an Article III judge. To vindicate this right, a body of jurisprudence has developed distinguishing dispositive matters, for which a magistrate judge requires the consent of all the parties in a case to rule on the matter, and …
Caught In The Economic Crosshairs: Secondary Sanctions And The American Sanctions Regime, Daniel Meagher
Caught In The Economic Crosshairs: Secondary Sanctions And The American Sanctions Regime, Daniel Meagher
Fordham Law Review
Economic sanctions have a long tradition of use in American foreign policy. There are many benefits to using economic sanctions, particularly when policymakers employ them as alternatives to military action. Secondary sanctions developed as a relatively new tool intended to extend the reach and potency of economic sanctions. They function in much the same manner as traditional, or primary, sanctions. However, they target individuals and entities who conduct prohibited business with the targets of primary economic sanctions. Secondary sanctions are often accompanied by severe financial penalties and threats of exclusion from U.S. consumer and financial markets. Through secondary sanctions, the …
Time Over Matter: Measuring The Reasonableness Of Officer Conduct In § 1983 Claims, Evelyn Michalos
Time Over Matter: Measuring The Reasonableness Of Officer Conduct In § 1983 Claims, Evelyn Michalos
Fordham Law Review
In the United States, far more police encounters result in civilian and officer deaths than in other democratic countries. When a government actor uses excessive force against an individual during an arrest or investigatory stop in violation of the Fourth Amendment right against unreasonable seizure, 42 U.S.C. § 1983 provides a federal civil remedy for that individual. In Graham v. Connor and Tennessee v. Garner, the U.S. Supreme Court held that courts should assess the reasonableness of an officer’s use of force to seize an individual in light of the “totality of the circumstances,” which includes the severity of …
No Fare: Remedying The Member Business Loan Loophole, Leili A. Saber
No Fare: Remedying The Member Business Loan Loophole, Leili A. Saber
Fordham Law Review
The member business loan exemption of the Federal Credit Union Act was the driving force behind the New York City taxi medallion loan crisis that led to over 950 bankrupt taxi drivers and eight suicides. This Note analyzes the exemption as the legislature’s balancing act to reconcile two competing policy aims: keeping lenders safe while encouraging them to lend to risky borrowers. Viewed through the lens of the taxi medallion crisis, this Note demonstrates the severe harm that this loophole creates. Exempting credit unions from regulatory limits has left vulnerable borrowers subject to the adverse designs of powerful actors. Ultimately, …
The Progressive Turn: Politics And Policy In The Movement, Zephyr Teachout, Heather Gautney, Todd Melnick
The Progressive Turn: Politics And Policy In The Movement, Zephyr Teachout, Heather Gautney, Todd Melnick
Posters
Maloney Library lecture series, Behind the Book
Unwaivable: Public Enforcement Claims And Mandatory Arbitration, Myriam Giles, Gary Friedman
Unwaivable: Public Enforcement Claims And Mandatory Arbitration, Myriam Giles, Gary Friedman
Fordham Law Review
No abstract provided.
Whitman And The Fiduciary Relationship Conundrum, Lisa M. Fairfax
Whitman And The Fiduciary Relationship Conundrum, Lisa M. Fairfax
Fordham Law Review
No abstract provided.
Measuring The Impact Of Sec Enforcement Decisions, Stephen J. Choi
Measuring The Impact Of Sec Enforcement Decisions, Stephen J. Choi
Fordham Law Review
This Article examines several metrics of Securities and Exchange Commission (SEC) decision-making that may be updated on a regular basis using publicly available data to give a picture of how SEC decision-making changes. This Article focuses on SEC actions against public companies and subsidiaries of public companies, using data from 2005 to 2018. The metrics include: the number of SEC actions per year and per month, the ratio of SEC actions to securities class actions by year, the mean abnormal return from an event study of the first public announcement of the problem that led to the eventual SEC enforcement …
Class Action Objectors: The Good, The Bad, And The Ugly, Robert Klonoff
Class Action Objectors: The Good, The Bad, And The Ugly, Robert Klonoff
Fordham Law Review
No abstract provided.
Watching Insider Trading Law Wobble: Obus, Newman, Salman, Two Martomas , And A Blaszcak , Donald C. Langevoort
Watching Insider Trading Law Wobble: Obus, Newman, Salman, Two Martomas , And A Blaszcak , Donald C. Langevoort
Fordham Law Review
No abstract provided.
Congressional Overspeech, Josh Chafetz
Congressional Overspeech, Josh Chafetz
Fordham Law Review
Political theater. Spectacle. Circus. Reality show. We are constantly told that, whatever good congressional oversight is, it certainly is not those things. Observers and participants across the ideological and partisan spectrums use those descriptions as pejorative attempts to delegitimize oversight conducted by their political opponents or as cautions to their own allies of what is to be avoided. Real oversight, on this consensus view, is about fact-finding, not about performing for an audience. As a result, when oversight is done right, it is both civil and consensus-building. While plenty of oversight activity does indeed involve bipartisan attempts to collect information …
Th Executive Branch Anticanon, Deborah Pearlstein
Th Executive Branch Anticanon, Deborah Pearlstein
Fordham Law Review
Donald Trump’s presidency has given rise to a raft of concerns not just about the wisdom of particular policy decisions but also about the prospect that executive actions might have troubling longer term “precedential” effects. While critics tend to leave undefined what “precedent” in this context means, existing constitutional structures provide multiple mechanisms by which presidential practice can influence future executive branch conduct: judicial actors rely on practice as gloss on constitutional meaning, executive branch officials rely on past practice in guiding institutional norms of behavior, and elected officials outside the executive branch and the people themselves draw on past …
Proactive Regulation Of Prosectors' Offices: Strengthening Disciplinary Committees' Oversight Of Prosecutors' Offices Across The United States With Aba Model Rule 5.1, Caitlyn B. Holuta
Proactive Regulation Of Prosectors' Offices: Strengthening Disciplinary Committees' Oversight Of Prosecutors' Offices Across The United States With Aba Model Rule 5.1, Caitlyn B. Holuta
Fordham Law Review
In the United States, there are currently several mechanisms to deter prosecutorial misconduct, including judicial orders, civil litigation by defendants, enforcement actions by disciplinary authorities, and internal discipline within a prosecutor’s office. Despite these many avenues of oversight, none have successfully prevented misconduct to the degree society demands. Several international legal systems have adopted regulatory frameworks based on the theory of proactive management-based regulation, which mitigates against unethical conduct by requiring attorneys to selfassess their internal ethics policies against a rubric of ethics goals set by ethics and disciplinary authorities. While most U.S. jurisdictions have not adopted proactive management-based regulations, …
Does The Patent Trial And Appeals Board's Precedential Opinion Comport With Due Process?, Patrick Lavery
Does The Patent Trial And Appeals Board's Precedential Opinion Comport With Due Process?, Patrick Lavery
Fordham Law Review
Inter partes review is an adversarial post-grant proceeding conducted at the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office that allows third parties to petition for reexamination of patents. Normally, a panel of three administrative patent judges decides an inter partes review, but occasionally the director of the U.S. Patent and Trademark Office has expanded panels on rehearing to find against the decision of the original panel. The director has expanded panels on rehearing when the original panel found against agency policy. This practice is known as panel stacking. Parties to cases, judges, and scholars have …
Who Will Watch The Watchers?: Enacting A Corporate Observing Board To Increase Consideration Of Stakeholder Interests, Zachary Needle
Who Will Watch The Watchers?: Enacting A Corporate Observing Board To Increase Consideration Of Stakeholder Interests, Zachary Needle
Fordham Law Review
Modern U.S. corporate law has compelled corporate directors to make decisions that maximize share value regardless of the effect they have on the firm’s other stakeholders, like employees, creditors, and suppliers. While shareholder primacy is the norm in the United States, there are competing theories, mainly the stakeholder model, that have cognizable influence not only in the United States but also in foreign states. Both theories have their drawbacks, but the “short-termism” associated with shareholder primacy can damage a firm’s health. Directors make decisions that benefit the firm in the short term but often wipe out long-term value. This Note …
Withdrawing From Congressional-Executive Agreements With The Advice And Consent Of Congress, Abigail L. Sia
Withdrawing From Congressional-Executive Agreements With The Advice And Consent Of Congress, Abigail L. Sia
Fordham Law Review
As President Donald J. Trump withdrew the United States from one international agreement after another, many began to question whether these withdrawals required congressional approval. The answer may depend on the type of agreement. Based on history and custom, it appears that the president may unilaterally withdraw from agreements concluded pursuant to the treaty process outlined in the U.S. Constitution. However, the United States also has a long history of concluding international agreements as congressional-executive agreements, which use a different approval process that does not appear in the Constitution. But while academics have spilled ink on Article II treaties for …
Objector Blackmail Update: What Have The 2018 Amendments Done, Brian T. Fitzpatrick
Objector Blackmail Update: What Have The 2018 Amendments Done, Brian T. Fitzpatrick
Fordham Law Review
No abstract provided.
Programmed Defamation: Applying § 230, Michael R. Bartels
Programmed Defamation: Applying § 230, Michael R. Bartels
Fordham Law Review
Section 230 of the Communications Decency Act was originally intended to promote online innovation for the good faith moderation of interactive computer services. Since Congress enacted the statute, innovators, flourishing under statutory immunity, have been able to master the technological frontier, with most web traffic now consumed through highly curated and specialized feeds resembling a personal newspaper. The resulting free market of information is stronger than at any point in human history. The new technological regime, however, has created another problem. Most of the content shared on these platforms originates from third parties, often anonymous or judgment-proof. Section 230, meanwhile, …
In-House Counsel Roundtable: Competition And Other Issues In A Pandemic Environment, Karen Hoffman Lent, Gabrielle Kohlmeier, Lutinski Lutinski, Rob Mahini, Suzanne Wachsstock
In-House Counsel Roundtable: Competition And Other Issues In A Pandemic Environment, Karen Hoffman Lent, Gabrielle Kohlmeier, Lutinski Lutinski, Rob Mahini, Suzanne Wachsstock
Fordham Competition Law Institute
No abstract provided.
Plenary Networking Event And Fireside Chat, James Keyte, Frédéric Jenny
Plenary Networking Event And Fireside Chat, James Keyte, Frédéric Jenny
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.
Plenary Networking Event And Fireside Chat, James Keyte, William Kovacic, Barry E. Hawk
Plenary Networking Event And Fireside Chat, James Keyte, William Kovacic, Barry E. Hawk
Fordham Competition Law Institute
No abstract provided.
Panel 2: Merger Issues — A Global Perspective, Josh Soven, Isabelle De Silva, Daniel Francis, D. Bruce Hoffman, Axel Schulz
Panel 2: Merger Issues — A Global Perspective, Josh Soven, Isabelle De Silva, Daniel Francis, D. Bruce Hoffman, Axel Schulz
Fordham Competition Law Institute
No abstract provided.