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Fordham Law School

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Articles 1 - 30 of 61

Full-Text Articles in Jurisprudence

Marshall As A Judge, Robert Post Oct 2019

Marshall As A Judge, Robert Post

Fordham Law Review

Marshall is a towering and inspirational figure in the history of American constitutional law. He changed American life forever and unquestionably for the better. But the contemporary significance of Marshall’s legacy is also, in ways that challenge present practices and beliefs, ambiguous.


Face Off: An Examination Of State Biometric Privacy Statutes & Data Harm Remedies, Michael A. Rivera Jan 2019

Face Off: An Examination Of State Biometric Privacy Statutes & Data Harm Remedies, Michael A. Rivera

Fordham Intellectual Property, Media and Entertainment Law Journal

As biometric authentication becomes an increasingly popular method of security among consumers, only three states currently have statutes detailing how such data may be collected, used, retained, and released. The Illinois Biometric Information Privacy Act is the only statute of the three that enshrines a private right of action for those who fail to properly handle biometric data. Both the Texas Capture or Use Biometric Identifier Act Information Act and the Washington Biometric Privacy Act allow for state Attorneys General to bring suit on behalf of aggrieved consumers. This Note examines these three statutes in the context of data security ...


Towards A Jurisprudence Of Fashion, Susan Scafidi Jan 2019

Towards A Jurisprudence Of Fashion, Susan Scafidi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


A Dollar For Your Thoughts: Determining Whether Nominal Damages Prevent An Otherwise Moot Case From Being An Advisory Opinion, Maura B. Grealish Nov 2018

A Dollar For Your Thoughts: Determining Whether Nominal Damages Prevent An Otherwise Moot Case From Being An Advisory Opinion, Maura B. Grealish

Fordham Law Review

This Note examines whether nominal damages should sustain an otherwise moot constitutional claim. A majority of circuit courts have held that a lone claim for nominal damages is sufficient. A minority of circuit courts have determined that nominal damages are insufficient because there is no practical effect in determining such a case. The courts in the minority analogize nominal damages to declaratory judgments and justify their rulings on the basis of judicial economy. This Note proposes that the minority rule is impermissible under current precedent from the U.S. Supreme Court. However, this Note also proposes that the majority rule ...


The Total Takings Myth, Lynn E. Blais Oct 2017

The Total Takings Myth, Lynn E. Blais

Fordham Law Review

For almost thirty-five years, the U.S. Supreme Court has attempted to carve out a total takings doctrine within its regulatory takings jurisprudence. Most regulatory takings claims are evaluated under the “ad hoc” threefactor test first articulated in Penn Central Transportation Co. v. City of New York. Exceedingly few of these claims are successful. But the Court has identified certain categories of government actions that are compensable takings per se, otherwise known as total takings. This began in 1982 with Loretto v. Teleprompter Manhattan CATV Corp., where the Court held that a land use ordinance requiring a landowner to endure ...


Reviving Reliance, Ann M. Lipton Oct 2017

Reviving Reliance, Ann M. Lipton

Fordham Law Review

This Article explores the misalignment between the disclosure requirements of the federal securities laws and the private causes of action available to investors to enforce those requirements. Historically, federally mandated disclosures were designed to allow investors to set an appropriate price for publicly traded securities. Today’s disclosures, however, also enable stockholders to participate in corporate governance and act as a check on managerial misbehavior. To enforce these requirements, investors’ chief option is a claim under the general antifraud statute, section 10(b) of the Securities Exchange Act of 1934. But courts are deeply suspicious of investors’ attempts to use ...


Adjudication In The Age Of Disagreement, John Fabian Witt Oct 2017

Adjudication In The Age Of Disagreement, John Fabian Witt

Fordham Law Review

In the time I have here with you today I would like to offer the beginnings of an answer. It does not lie in the distance between the court’s traditions and Manton’s conduct. That would be too easy. At base, I think the answer lies in something far more subtle and interesting: the relationship between acentral tradition of the Second Circuit and one of the great questions we face as a society today. That question is how to deal with disagreement.


Who Put The Quo In Quid Pro Quo?: Why Courts Should Apply Mcdonnell ’S “Official Act” Definition Narrowly, Adam F. Minchew Mar 2017

Who Put The Quo In Quid Pro Quo?: Why Courts Should Apply Mcdonnell ’S “Official Act” Definition Narrowly, Adam F. Minchew

Fordham Law Review

Federal prosecutors have several tools at their disposal to bring criminal charges against state and local officials for their engagement in corrupt activity. Section 666 federal funds bribery and § 1951 Hobbs Act extortion, two such statuary tools, have coexisted for the past thirty-six years, during which time § 666 has seen an increasing share of total prosecutions while the Hobbs Act’s share of prosecutions has fallen commensurately. In the summer of 2016, the U.S. Supreme Court decided McDonnell v. United States—a decision that threatens to quicken the demise of Hobbs Act extortion in favor of § 666. If McDonnell ...


The Robert L. Levine Distinguished Lecture: A Conversation With Justice Ruth Bader Ginsburg And Professor Aaron Saiger, Ruth Bader Ginsburg, Aaron Saiger Mar 2017

The Robert L. Levine Distinguished Lecture: A Conversation With Justice Ruth Bader Ginsburg And Professor Aaron Saiger, Ruth Bader Ginsburg, Aaron Saiger

Fordham Law Review

PROFESSOR AARON SAIGER: It’s a signal honor for Fordham Law School and a personal honor for me and a pleasure to have Justice Ginsburg here tonight. We want to thank you for coming. I think I will not reiterate all of the thanks Dean Diller has offered, except to say that we are very grateful to the Levine family and deeply indebted to the students of the Law Review who have made tonight happen. The format of the evening is as follows: I will ask questions and the Justice will answer them.


The Court Of Appeals As The Middle Child, Raymond Lohier Dec 2016

The Court Of Appeals As The Middle Child, Raymond Lohier

Fordham Law Review

It’s said that middle children are most likely to be forgotten in the chaos of family life. The same could be said of the U.S. Courts of Appeals, which in 2016, mark their 125th anniversary, and which are the middle child of the federal judicial family. As too few people, even academics, know, the courts of appeals were created in 1891 by the Evarts Act, more than a century after the Constitution and the First Judiciary Act. The history of the courts of appeals has accordingly hovered somewhat uneasily next to that of the U.S. Supreme Court ...


Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless, Frank Paz Apr 2016

Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless, Frank Paz

Fordham Urban Law Journal

No abstract provided.


Preventing Shelterization: Alleviating The Struggles Of Homeless Individuals And Families In New York City, Salley Kim Apr 2016

Preventing Shelterization: Alleviating The Struggles Of Homeless Individuals And Families In New York City, Salley Kim

Fordham Urban Law Journal

No abstract provided.


Yes To Infill, No To Nuisance, Michael Lewyn Apr 2016

Yes To Infill, No To Nuisance, Michael Lewyn

Fordham Urban Law Journal

No abstract provided.


To Call Or Not To Call: Compelling Witnesses To Appear Before Congress, Daniel Curbelo Zeidman Apr 2016

To Call Or Not To Call: Compelling Witnesses To Appear Before Congress, Daniel Curbelo Zeidman

Fordham Urban Law Journal

No abstract provided.


History, Heller, And High-Capacity Magazines: What Is The Proper Standard Of Review For Second Amendment Challenges?, Lindsay Colvin Mar 2016

History, Heller, And High-Capacity Magazines: What Is The Proper Standard Of Review For Second Amendment Challenges?, Lindsay Colvin

Fordham Urban Law Journal

No abstract provided.


What Is Urban Law Today? An Introductory Essay In Honor Of The Fortieth Anniversary Of The Fordham Urban Law Journal, Nestor M. Davidson Mar 2016

What Is Urban Law Today? An Introductory Essay In Honor Of The Fortieth Anniversary Of The Fordham Urban Law Journal, Nestor M. Davidson

Fordham Urban Law Journal

No abstract provided.


The Recognition Act, Anti-Suit Injunctions, The Dja, And Much More Fun: The Story Of The Chevron-Ecuador Litigation And The Resulting Problems Of Aggressive Multinational Enforcement Proceedings, Emily Seiderman Mar 2016

The Recognition Act, Anti-Suit Injunctions, The Dja, And Much More Fun: The Story Of The Chevron-Ecuador Litigation And The Resulting Problems Of Aggressive Multinational Enforcement Proceedings, Emily Seiderman

Fordham Urban Law Journal

No abstract provided.


Reconsidering The Standards Of Admission For Prior Bad Acts Evidence In Light Of Research On False Memories And Witness Preparation, Jason Tortora Mar 2016

Reconsidering The Standards Of Admission For Prior Bad Acts Evidence In Light Of Research On False Memories And Witness Preparation, Jason Tortora

Fordham Urban Law Journal

No abstract provided.


Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities, Christopher Slobogin Mar 2016

Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities, Christopher Slobogin

Fordham Urban Law Journal

No abstract provided.


Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez Mar 2016

Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez

Fordham Urban Law Journal

No abstract provided.


Second Amendment Standards Of Review In A Heller World, Nelson Lund Mar 2016

Second Amendment Standards Of Review In A Heller World, Nelson Lund

Fordham Urban Law Journal

No abstract provided.


Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody Mar 2016

Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody

Fordham Urban Law Journal

No abstract provided.


Rights Versus Duties, History Department Lawyering, And The Incoherence Of Justice Stevens’S Heller Dissent, Nicholas J. Johnson Mar 2016

Rights Versus Duties, History Department Lawyering, And The Incoherence Of Justice Stevens’S Heller Dissent, Nicholas J. Johnson

Fordham Urban Law Journal

No abstract provided.


Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation, Stephen P. Halbrook Mar 2016

Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation, Stephen P. Halbrook

Fordham Urban Law Journal

No abstract provided.


Gun Control And The Second Amendment: Developments And Controversies In The Wake Of District Of Columbia V. Heller And Mcdonald V. Chicago, Harris Fischman Mar 2016

Gun Control And The Second Amendment: Developments And Controversies In The Wake Of District Of Columbia V. Heller And Mcdonald V. Chicago, Harris Fischman

Fordham Urban Law Journal

No abstract provided.


The (New) New Judicial Federalism: State Constitutions And The Protection Of The Individual Right To Bear Arms, Michael B. De Leeuw Mar 2016

The (New) New Judicial Federalism: State Constitutions And The Protection Of The Individual Right To Bear Arms, Michael B. De Leeuw

Fordham Urban Law Journal

No abstract provided.


The Right To Carry Firearms Outside Of The Home: Separating Historical Myths From Historical Realities, Saul Cornell Mar 2016

The Right To Carry Firearms Outside Of The Home: Separating Historical Myths From Historical Realities, Saul Cornell

Fordham Urban Law Journal

No abstract provided.


The Second Amendment In Historiographical Crisis: Why The Supreme Court Must Reevaluate The Embarrassing “Standard Model” Moving Forward, Patrick J. Charles Mar 2016

The Second Amendment In Historiographical Crisis: Why The Supreme Court Must Reevaluate The Embarrassing “Standard Model” Moving Forward, Patrick J. Charles

Fordham Urban Law Journal

No abstract provided.


Toward A Future, Wiser Court: A Blueprint For Overturning District Of Columbia V. Heller, Richard F. Aborn, Marlene Koury Mar 2016

Toward A Future, Wiser Court: A Blueprint For Overturning District Of Columbia V. Heller, Richard F. Aborn, Marlene Koury

Fordham Urban Law Journal

No abstract provided.


Skilling Reconsidered: The Legislative-Judicial Dynamic, Honest Services, Fraud, And The Ill-Conceived "Clean Up Government Act", J. Kelly Strader Feb 2016

Skilling Reconsidered: The Legislative-Judicial Dynamic, Honest Services, Fraud, And The Ill-Conceived "Clean Up Government Act", J. Kelly Strader

Fordham Urban Law Journal

No abstract provided.