Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (21)
- Courts (17)
- Jurisprudence (17)
- Judges (13)
- Law and Society (13)
-
- Civil Rights and Discrimination (12)
- Law and Politics (10)
- Second Amendment (10)
- Supreme Court of the United States (10)
- Legal Ethics and Professional Responsibility (9)
- Legislation (8)
- President/Executive Department (8)
- State and Local Government Law (8)
- Fourteenth Amendment (7)
- Conflict of Laws (6)
- Law and Gender (6)
- Legal Profession (6)
- Public Law and Legal Theory (6)
- Criminal Law (5)
- Law and Race (5)
- Legal Education (5)
- Legal Writing and Research (4)
- First Amendment (3)
- Torts (3)
- Bankruptcy Law (2)
- Civil Law (2)
- Common Law (2)
- Comparative and Foreign Law (2)
- Keyword
-
- Supreme Court (7)
- Constitution (6)
- Bob Dylan (4)
- Congress (4)
- Gun Control; Heller; SCOTUS; Second Amendment (4)
-
- Civil Rights Act of 1866 (3)
- Civil War (3)
- Feminist Legal Theory (3)
- Center on Asian Americans and the Law; Asian American History (2)
- Constitutional Rights (2)
- Dictionaries (2)
- Diversity (2)
- Feminism (2)
- Individual Rights (2)
- Judicial Review (2)
- Jurisprudence (2)
- Liberalism (2)
- Presidential succession; U.S. Constitution; legal history (2)
- Public interest law (2)
- Right to Contract (2)
- Slavery (2)
- Substantive Due Process (2)
- Textualism (2)
- 1925 Hague Conference; Bankruptcy; EU Regulation; UNCITRAL (1)
- Abortion (1)
- Academia (1)
- Access (1)
- African Americans (1)
- American Folk music (1)
- Andrew Koppelman (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 90
Full-Text Articles in Legal History
Taking Aim At New York's Concealed Carry Improvement Act, Leo Bernabei
Taking Aim At New York's Concealed Carry Improvement Act, Leo Bernabei
Fordham Law Review
In June 2022, the U.S. Supreme Court held in New York State Rifle & Pistol Ass’n v. Bruen that New York’s requirement, which mandated that applicants for concealed carry licenses show proper cause for carrying a handgun in public, violated the Second and Fourteenth Amendments. Responding to the likely increase in individuals licensed to carry handguns in the state, New York enacted the Concealed Carry Improvement Act (CCIA). This law bans all firearms from many places of public congregation, establishes a default rule that firearms are not allowed on private property without the owner or lessee’s permission, and sets additional …
Dual Sovereignty In The U.S. Territories, Emmanuel Hiram Arnaud
Dual Sovereignty In The U.S. Territories, Emmanuel Hiram Arnaud
Fordham Law Review
This Essay examines the emergence and application of the "ultimate source" test and sheds light on the dual sovereign doctrine’s patently colonial framework, particularly highlighting the paternalistic relationship it has produced between federal and territorial prosecutorial authorities.
Cultural Identity And Territorial Autonomy: U.S. Virgin Islands Jurisprudence And The Insular Cases, Dolace Mclean
Cultural Identity And Territorial Autonomy: U.S. Virgin Islands Jurisprudence And The Insular Cases, Dolace Mclean
Fordham Law Review
This Essay utilizes the lens of postcolonial theory to analyze the development of U.S. Virgin Islands jurisprudence. This Essay asserts that the United States’s acquisition of the territory served the purpose of helping to construct an American narrative of moving from colony to colonial power that surpassed its European forebears. The colonial narrative is fractured by instances of the Supreme Court of the Virgin Islands re-narrating territorial space by utilizing legal principles that are informed by local cultural expressions. Consequently, Virgin Islands jurisprudence is transformed from “colonial dependent” to “postcolonial independent” based on intersectional, progressive principles.
De Jure Separate And Unequal Treatment Of The People Of Puerto Rico And The U.S. Territories, Natalie Gomez-Velez
De Jure Separate And Unequal Treatment Of The People Of Puerto Rico And The U.S. Territories, Natalie Gomez-Velez
Fordham Law Review
Current efforts to dismantle systemic racism in the United States are often met with the argument that legally sanctioned inequality is a thing of the past. Yet despite progress toward formal legal equality, racism and discrimination in the United States exist not only as the effects of past laws and systems—they exist presently in current laws and systems as well. Current U.S. law discriminates against U.S. territories and their residents with respect to citizenship status, voting rights and representation, and equal access to benefits, among other things.
This Essay examines such separate and unequal treatment using the recent case, United …
The President's Approval Power, Christine Kexel Chabot
The President's Approval Power, Christine Kexel Chabot
Fordham Law Review
This Essay introduces the President’s approval power as it was originally understood in the United States. Leading proponents of a unitary executive President have asserted that the President’s absolute power to control subordinate officers includes power to veto or approve subordinates’ discretionary actions before they take effect. This Essay reconsiders the approval power’s purportedly unitary function and presents previously overlooked evidence of the originalist foundations of a presidential approval power. My comprehensive analysis of every public act passed by the First Congress shows that the founding generation never understood Article II to grant the President general authority to approve subordinates’ …
Carceral Deference: Courts And Their Pro-Prison Propensities, Danielle C. Jefferis
Carceral Deference: Courts And Their Pro-Prison Propensities, Danielle C. Jefferis
Fordham Law Review
Judicial deference to nonjudicial state actors, as a general matter, is ubiquitous, both in the law and as a topic of legal scholarship. But “carceral deference”—judicial deference to prison officials on issues concerning the legality of prison conditions—has received far less attention in legal literature, and the focus has been almost entirely on its jurisprudential legitimacy. This Article contextualizes carceral deference historically, politically, and culturally, and it thus adds a piece that has been missing from the literature. Drawing on primary and secondary historical sources and anchoring the analysis in Bourdieu’s field theory, this Article is an important step to …
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 | 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 | 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 | 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 …
Dedication: Center On Asian Americans And The Law, Kamala Harris
Dedication: Center On Asian Americans And The Law, Kamala Harris
Fordham Law Review
Asian American history has been defined by attorneys and activists who have fought to ensure that Asian Americans are recognized as Americans— not as the “other,” not as “them,” but as “us.” From their efforts to fight against the Chinese Exclusion Act, to correcting the wrongs of the Japanese-American incarceration, it is essential that we learn about the role of Asian Americans and the law. Accordingly, I write to recognize the historic launch of the Center on Asian Americans and the Law at Fordham University School of Law—the first of its kind in the country. Its founding is both timely …
“Kung Flu”: A History Of Hostility And Violence Against Asian Americans, Denny Chin, Kathy Hirata Chin
“Kung Flu”: A History Of Hostility And Violence Against Asian Americans, Denny Chin, Kathy Hirata Chin
Fordham Law Review
The COVID-19 pandemic “first became real” for most Americans in March 2020. Since then,a wave of anti-Asian hatred and violence has swept the country, as more than 10,000 “hate incidents” have been reported against Asian Americans and Pacific Islanders (AAPIs), including the 2021 killing of six Asian American women in the Atlanta area. The videos of senseless attacks against AAPIs, many of whom were older and vulnerable, were horrific and disturbing. But what is perhaps more disturbing is that this is nothing new, for there is a long history of hostility and violence against Asian Americans in this country, a …
Ocularcentrism And Deepfakes: Should Seeing Be Believing?, Katrina G. Geddes
Ocularcentrism And Deepfakes: Should Seeing Be Believing?, Katrina G. Geddes
Fordham Intellectual Property, Media and Entertainment Law Journal
The pernicious effects of misinformation were starkly exposed on January 6, 2021, when a violent mob of protestors stormed the nation’s capital, fueled by false claims of election fraud. As policymakers wrestle with various proposals to curb misinformation online, this Article highlights one of the root causes of our vulnerability to misinformation, specifically, the epistemological prioritization of sight above all other senses (“ocularcentrism”). The increasing ubiquity of so-called “deepfakes”—hyperrealistic, digitally altered videos of events that never occurred—has further exposed the vulnerabilities of an ocularcentric society, in which technology-mediated sight is synonymous with knowledge. This Article traces the evolution of visual …
The Racial Reckoning Of Public Interest Law, Atinuke O. Adediran, Shaun Ossei-Owusu
The Racial Reckoning Of Public Interest Law, Atinuke O. Adediran, Shaun Ossei-Owusu
Faculty Scholarship
No abstract provided.
The (Joseph) Stories Of Newmyer And Cover: Hero Or Tragedy?, Jed H. Shugerman
The (Joseph) Stories Of Newmyer And Cover: Hero Or Tragedy?, Jed H. Shugerman
Faculty Scholarship
Kent Newmyer’s classics Supreme Court Justice Joseph Story: Statesman of the Old Republic and John Marshall and the Heroic Age of the Supreme Court are important stories about the architects and heroes of the rule of law in America. In Newmyer’s account, Story played a crucial role preserving the republic and building a legal nation out of rival states, and Newmyer’s Story is fundamentally important for students of American history. But in Robert Cover’s account in Justice Accused on northern judges’ deference to slavery, Story is an anti-hero. Sometimes Story stayed silent. In Prigg v. Pennsylvania, Story overvalued formalistic comity. …
People’S Electric: Engaged Legal Education At Rutgers-Newark Law School In The 1960s And 1970s, George W. Conk
People’S Electric: Engaged Legal Education At Rutgers-Newark Law School In The 1960s And 1970s, George W. Conk
Fordham Urban Law Journal
No abstract provided.
Motives And Fiduciary Loyalty, Stephen R. Galoob, Ethan J. Leib
Motives And Fiduciary Loyalty, Stephen R. Galoob, Ethan J. Leib
Faculty Scholarship
How, if at all, do motives matter to loyalty? We have argued that loyalty (and the duty of loyalty in fiduciary law) has a cognitive dimension. This kind of “cognitivist” account invites the counterargument that, because most commercial fiduciary relationships involve financial considerations, purity of motive cannot be central to loyalty in the fiduciary context. We contend that this counterargument depends on a flawed understanding of the significance of motive to loyalty. We defend a view of the importance of motivation to loyalty that we call the compatibility account. On this view, A acts loyally toward B only if …
Marshall As A Judge, Robert Post
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.
Mr. Try-It Goes To Washington: Law And Policy At The Agricultural Adjustment Administration, Daniel R. Ernst
Mr. Try-It Goes To Washington: Law And Policy At The Agricultural Adjustment Administration, Daniel R. Ernst
Fordham Law Review
In December 1933, Jerome Frank, the general counsel of the Agricultural Adjustment Administration (AAA) but better known for writing Law and the Modern Mind (1930), a sensational attack on legal formalism, told an audience at the Association of American Law Schools a parable about two lawyers in the New Deal, each required to interpret the same ambiguous language of a statute. The first lawyer, “Mr. Absolute,” reasoned from the text and canons of statutory interpretation without regard for the desirability of the outcome. “Mr. Try-It,” in contrast, began with the outcome he thought desirable. He then said to himself, “The …
A Tale Of Sovereignty And Liberalism: The Lockean Myth Of Intellectual Property, Shaoul Sussman
A Tale Of Sovereignty And Liberalism: The Lockean Myth Of Intellectual Property, Shaoul Sussman
Fordham Intellectual Property, Media and Entertainment Law Journal
The influence of John Locke’s thought upon the general legal perception of property rights cannot be overstated. Locke’s Labor theory of property holds that property originally comes about through individual exertion upon natural objects and that legal rights in the result of this labor are in fact property rights. The Lockean theory of property has dominated the Anglo-American legal discourse and is frequently used to justify various property regulation schemes. Despite this fact, many scholars have struggled to apply the theory to the field of intellectual property, and in particular to the field of patents and copyright. Many have attempted …
John Marshall’S Long Game. Review Of John Marshall: The Man Who Made The Supreme Court By Richard Brookhiser, Marc Arkin
John Marshall’S Long Game. Review Of John Marshall: The Man Who Made The Supreme Court By Richard Brookhiser, Marc Arkin
Faculty Scholarship
No abstract provided.
Can The President Control The Department Of Justice?, Bruce A. Green
Can The President Control The Department Of Justice?, Bruce A. Green
Faculty Scholarship
No abstract provided.
Finding Franklin, Marc Arkin
A Challenge To Bleached Out Professional Identity: How Jewish Was Justice Louis Brandeis?, Russell G. Pearce, Adam B. Winer, Emily Jenab
A Challenge To Bleached Out Professional Identity: How Jewish Was Justice Louis Brandeis?, Russell G. Pearce, Adam B. Winer, Emily Jenab
Faculty Scholarship
As an exemplar, Justice Louis D. Brandeis challenges the currently dominant conception that requires lawyers to, in Sanford Levinson's term, "bleach out" their personal identity from their professional identity. Under the dominant neutral partisan vision of the lawyer, clients will only receive the equal representation necessary to provide equal justice if lawyers exclude all personal and group identifications from their role. Brandeis, in contrast, asserted that his Jewish identity constructed his understanding of himself as a jurist. His distinguished career thereby provides a counter-narrative to bleaching-out that can serve as a model for all lawyers, whatever their personal and group …
Franklin Delano Roosevelt As Lord Of The Admiralty 1913-1920, Joseph Sweeney
Franklin Delano Roosevelt As Lord Of The Admiralty 1913-1920, Joseph Sweeney
Faculty Scholarship
No abstract provided.
An Analysis Of The Treatment Of Employees Pension And Wage Claims In Insolvency And Under Guarantee Schemes In Oecd Countries: Comparative Law Lessons For Detroit And The United States, Paul M. Secunda
Fordham Urban Law Journal
No abstract provided.
The Detroit Bankruptcy, Pre-Eligibility, Melissa B. Jacoby
The Detroit Bankruptcy, Pre-Eligibility, Melissa B. Jacoby
Fordham Urban Law Journal
No abstract provided.
A National Model Faces New Challenges: The New York City Campaign Finance System And The 2013 Elections, Janos Marton
A National Model Faces New Challenges: The New York City Campaign Finance System And The 2013 Elections, Janos Marton
Fordham Urban Law Journal
No abstract provided.
The Practice Of Law As A Useful Art: Toward An Alternative Theory Of Professionalism, Norman W. Spaulding
The Practice Of Law As A Useful Art: Toward An Alternative Theory Of Professionalism, Norman W. Spaulding
Fordham Urban Law Journal
No abstract provided.