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Articles 1 - 30 of 83
Full-Text Articles in Other Law
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 …
23andme: Attack Of The Clones And Other Concerns, Claire M. Amodio
23andme: Attack Of The Clones And Other Concerns, Claire M. Amodio
Fordham Intellectual Property, Media and Entertainment Law Journal
A few years ago, ancestry websites took the world by storm. People were fascinated with their history and heritage and wanted to find out more about where they came from. Then along came 23andMe, which allowed people to not only unearth their familial roots, but also bring to light unknown medical conditions or predispositions to certain medical issues. 23andMe then took the unprecedented step of teaming up with a pharmaceutical company to create drugs with its users’ genetic information. After this announcement, some users were caught off guard, having had no idea that their genetic information—something so sensitive and uniquely …
The Sharing Economy & The Platform Operator‐User‐Provider “Pup Model”: Analytical Legal Frameworks, Juan Jose Diaz-Granados, Benedict Sheehy
The Sharing Economy & The Platform Operator‐User‐Provider “Pup Model”: Analytical Legal Frameworks, Juan Jose Diaz-Granados, Benedict Sheehy
Fordham Intellectual Property, Media and Entertainment Law Journal
The Sharing Economy and related platform technologies have disrupted work, consumption, and business in ways unimaginable even a decade ago. Creating great wealth and opportunity for some, the Sharing Economy has equally undermined job security and safety for many others. One challenge for regulators, legal advisors, and scholars is developing a rigorous analytical model for these related phenomena. We present the first comprehensive legal framework for distinguishing and analyzing the various components of the Sharing Economy and their interrelationships. Our analysis is based on contract law and property law, providing a delimitation within the Sharing Economy and platform technologies based …
Taxing Big Data: A Proposal To Benefit Society For The Use Of Private Information, Ziva Rubinstein
Taxing Big Data: A Proposal To Benefit Society For The Use Of Private Information, Ziva Rubinstein
Fordham Intellectual Property, Media and Entertainment Law Journal
Artificial intelligence, the technology that is currently shaping our world, relies on the data that each individual supplies. In 2017, the Economist magazine asserted that “the world’s most valuable resource is no longer oil, but data.” This assertion is supported by the current data market, which became a hundred-billion-dollar industry in the data broker market alone. However, despite its immense value, individuals are not compensated when their data is collected, shared, or when that data is used to replace them in the job market. Further, companies are legally avoiding taxes on this resource, both during its collection and on the …
Navigating A Risk-Filled Sea: Insights On How The Law And Insurance Chart A Course By Allocating Liabilities And Creating Incentives, Stephen M. Shapiro
Navigating A Risk-Filled Sea: Insights On How The Law And Insurance Chart A Course By Allocating Liabilities And Creating Incentives, Stephen M. Shapiro
Fordham Journal of Corporate & Financial Law
Risk can be defined as the probability and extent of liability. Risk management involves identifying, evaluating, and minimizing liabilities, which is critical to the success of a wide range of enterprises. Managers often turn to insurance to reallocate risk, and to experts such as surveyors, engineers, attorneys, and accountants to identify and evaluate risks and to advise on how to reduce them. The law also ascertains, allocates, and liquidates liabilities, and affects how insurance reallocates them. Policymakers-both industrial and legal-must be aware of how industry practices, expert services, insurance provisions, and legal structures are intertwined to achieve diverse, and perhaps …
The Dinosaur In The Living Room: A Proposal To Enable Academic Access To Fossils Discovered On Private Land, Sara K. Mazurek
The Dinosaur In The Living Room: A Proposal To Enable Academic Access To Fossils Discovered On Private Land, Sara K. Mazurek
Fordham Intellectual Property, Media and Entertainment Law Journal
The United States has been a major source of scientifically significant paleontological discoveries over the course of its history. In addition to invaluable primary source material for the study of evolution and climate change, American paleontology has additionally been invoked as symbols of American power since the founding of the country. Even though fossils are prominent national heritage, the United States today only uniformly regulates their excavation and use on federal public lands through the Paleontological Resources Preservation Act. When fossils are discovered on private land, landowners and those with whom they contract often sell them to private collectors, which …
A2j Summit Collection Contributors, David Udell
A2j Summit Collection Contributors, David Udell
Fordham Law Review Online
A compilation of biographies for the authors and participants in this Collection.
All Rise For Civil Justice, Martha Bergmark
All Rise For Civil Justice, Martha Bergmark
Fordham Law Review Online
Equal justice under law is an American ideal. But every year, millions of people lose their cases in civil courts, not because they have done something wrong, but because they do not have the information or legal help they need to make their case. The United States civil justice system must be reformed so that it works for everyone, not just for the wealthy and the represented. For guidance, advocates of civil justice reform should look to the movement for criminal justice reform, which has successfully raised awareness and galvanized coalitions to effect policy change. I eagerly await the case …
The Role Of Data In Organizing An Access To Justice Movement, James Gamble, Amy Widman
The Role Of Data In Organizing An Access To Justice Movement, James Gamble, Amy Widman
Fordham Law Review Online
reminds us that civil justice reform has to start with compelling human stories. She’s right. Building a movement requires drawing in the care and effort of those who previously had not seen the problem. A story of a mother and her family unjustly evicted from their home, of an older gentleman whose life savings are unjustly taken, or of a father fighting for visitation rights unjustly denied: each of these personal stories is an outrage and will often generate anger in the listener. Stories lead those who do not live the injustices of our civil justice system every day to …
A Few Interventions And Offerings From Five Movement Lawyers To The Access To Justice Movement, Jennifer Ching, Thomas B. Harvey, Meena Jagannath, Purvi Shah, Blake Strode
A Few Interventions And Offerings From Five Movement Lawyers To The Access To Justice Movement, Jennifer Ching, Thomas B. Harvey, Meena Jagannath, Purvi Shah, Blake Strode
Fordham Law Review Online
We are five lawyers who occupy very different corners of justice work. We are civil rights, human rights, and criminal defense lawyers, and we have worked at and managed legal services programs. We have taught law at law schools and universities and have built our own organizations. We currently work in interdisciplinary spaces with community organizers, funders, and other stakeholders in the justice system. As diverse as our perspectives are, we share a common belief that any mobilization around access to justice fails if it does not center the vision and strategies of larger social justice movements. We share here …
The Legal Empowerment Movement And Its Implications, Peter Chapman
The Legal Empowerment Movement And Its Implications, Peter Chapman
Fordham Law Review Online
Around the world, a global legal empowerment movement is transforming the way in which people access justice. The concept of legal empowerment is rooted in strengthening the ability of communities to: “understand, use and shape the law.” The movement relies on people helping one another to stand up to authority and challenge injustice. At its center are paralegals, barefoot lawyers, and community advocates. Backed up by lawyers, these advocates are having significant impacts.
A National Movement For Access To Justice Must Be Holistic, Justine Olderman, Runa Rajagopal
A National Movement For Access To Justice Must Be Holistic, Justine Olderman, Runa Rajagopal
Fordham Law Review Online
Jazmine Headley is one of many parents across New York City who depends on childcare benefits in order to work and to be the best single parent she can be to her one-year-old son. When her son’s daycare reported that it was no longer receiving payment from the city-issued childcare voucher, Jazmine’s only option was to take a day off of work to go to her local benefits center and figure out what was wrong. Making the trip to the benefits center meant that Jazmine had to miss a full day’s wage, and navigate the bureaucratic public assistance system, all …
Building A Movement: The Lessons Of Fines And Fees, Lisa Foster
Building A Movement: The Lessons Of Fines And Fees, Lisa Foster
Fordham Law Review Online
I doubt we will ever experience something we (or others) would call an Access to Justice Movement in the United States. The goal is too amorphous, lacks immediacy, and doesn’t resonate: If people don’t perceive that many of their problems have a legal solution, why would they rally to support “100 percent access to effective assistance for essential civil legal needs”? The legal system is too big, too complicated, and too removed from people’s everyday experiences. And especially in low-income communities of color, distrust of the justice system runs deep. People don’t want access to a system they believe is …
Integrating The Access To Justice Movement, Lauren Sudeall
Integrating The Access To Justice Movement, Lauren Sudeall
Fordham Law Review Online
Last fall, advocates of social change came together at the A2J Summit at Fordham University School of Law and discussed how to galvanize a national access to justice movement—who would it include, and what would or should it attempt to achieve? One important preliminary question we tackled was how such a movement would define “justice,” and whether it would apply only to the civil justice system. Although the phrase “access to justice” is not exclusively civil in nature, more often than not it is taken to have that connotation. Lost in that interpretation is an opportunity to engage in a …
Self-Representation Is Becoming The Norm And Driving Reform, Katherine Alteneder
Self-Representation Is Becoming The Norm And Driving Reform, Katherine Alteneder
Fordham Law Review Online
The impact of civil legal entanglement on individuals and communities in matters involving essential basic needs—such as housing, safety, food security, health, education, wages, and family matters—is profound, and, unlike criminal proceedings, there is no right to counsel. Thus, people are, for the most part, their own champions. The outcomes of these entanglements shape the culture, well-being, and capacity of our communities and ought to be of fundamental concern for those engaged in social justice, anti-poverty, and civil rights work.
Don't Go It Alone, Ariel Simon, Sandra Ambrozy
Don't Go It Alone, Ariel Simon, Sandra Ambrozy
Fordham Law Review Online
Civil legal challenges cut across an astonishing range of headline-making social issues. And so, while it is possible to make a compelling case for “access to justice” without tying it to issues of inequality, mobility, race, and equity, that is no way to build or ally with a movement. Access to justice should not just be about “justice” in a narrow legalistic sense, but in the way that the broader world understands it and people feel it, driven by imperatives such as: expanding opportunities for underserved populations; creating legal systems that protect the most vulnerable; and building institutions and structures …
Access To Legal Help Is A Human Service, Jo-Ann Wallace
Access To Legal Help Is A Human Service, Jo-Ann Wallace
Fordham Law Review Online
We are in a pivotal, transformational moment for justice reform in the United States. One of the key strategies undergirding the transformation is a redefinition of interrelated systems that can work together to improve lives. This includes defining access to legal help as an integral part of human services systems.
Striking A Match, Not A Pose, For Access To Justice, Gillian K. Hadfield
Striking A Match, Not A Pose, For Access To Justice, Gillian K. Hadfield
Fordham Law Review Online
One of the things that persistently puzzles and frustrates me in my work on access to justice is just how hard it is to light a fire under anyone about this issue. And I do not think that we are going to make progress on access to justice—to start a movement—until that fire is lit.
"What Do We Want!"?, Rebecca L. Sandefur
"What Do We Want!"?, Rebecca L. Sandefur
Fordham Law Review Online
If asked, most Americans would very likely say that they would rather have “justice” than something like “injustice.” And if asked what “justice” means, many would have an answer. Some responses would name abstract ideals from one religious or cultural tradition or another. One of this type that is particularly dear to me speaks of letting the oppressed go free and breaking every yoke. But other answers about the meaning of justice would be more concrete: “my son wouldn’t be in jail”; “I could pay my hospital bills”; “somebody would help me with this problem.” These definitions of justice reflect …
A Perspective From The Judiciary On Access To Justice, Jonathan Lippman
A Perspective From The Judiciary On Access To Justice, Jonathan Lippman
Fordham Law Review Online
I decided early in 2009, upon becoming Chief Judge and the steward of the justice system in New York, to focus my energy on ensuring that everyone gets their day in court. Regardless of how a person looks or where he or she was born, and regardless of whether or not a person has resources or power, justice cannot be about the color of your skin or the amount of money in your pocket. Justice must mean that when people are fighting for the necessities of life, for the roof over their heads, they must get the legal assistance that …
Building The Access To Justice Movement, David Udell
Building The Access To Justice Movement, David Udell
Fordham Law Review Online
There are innumerable individual problems of access to civil justice. Civil justice, or its absence, will often determine whether people can keep their homes, their family relationships, their health and well-being, their actual safety, their jobs, and their opportunity for a fair resolution of so many more of the challenges that life presents. There are presently many important efforts that enable people to obtain justice, both through the direct provision of legal services and through the broader pursuit of systemic reforms, such as securing and expanding civil rights to counsel, expanding roles for non-lawyers to empower individuals and communities, making …
The Light We Shine Into The Grey: A Restorative #Metoo Solution And An Acknowledgement Of Those #Metoo Leaves In The Dark, Nora Stewart
The Light We Shine Into The Grey: A Restorative #Metoo Solution And An Acknowledgement Of Those #Metoo Leaves In The Dark, Nora Stewart
Fordham Law Review
In the past year and a half, American women have publicly discussed experiences of sexual assault, harassment, and—notably—grey-area misconduct in an unprecedented manner. The rhetoric of the #MeToo movement is rife with references to “shining a light” on a set of unexplored issues hitherto obscured in cultural darkness, to following women’s experiences into the grey. What is new about #MeToo, and what likely will be the through line that defines its historical importance, has been its sensitivity to nuance. The grey range of #MeToo misconduct is not a new problem. It is emphatically new, however, as a subject of public …
A Fair Use To Remember: Restoring Application Of The Fair Use Doctrine To Strengthen Copyright Law And Disarm Abusive Copyright Litigation, Lauren Gorab
Fordham Law Review
The primary goal of copyright law is to benefit the public. By rewarding authors with exclusive rights, such as the power to enforce copyright infringement, copyright protection is the means through which copyright law accomplishes this goal. Another way that copyright law pursues its goal is through the fair use doctrine—an invaluable utilitarian limit on copyright protection. However, fair use is, among other things, vague. The current application of fair use as an affirmative defense magnifies the doctrine’s problems and makes copyright law hospitable to abusive copyright litigation. Current proposals in this area of reform target either fair use or …
Cyber Babel: Finding The Lingua Franca In Cybersecurity Regulation, William Pierotti
Cyber Babel: Finding The Lingua Franca In Cybersecurity Regulation, William Pierotti
Fordham Law Review
Cybersecurity regulations have proliferated over the past few years as the significance of the threat has drawn more attention. With breaches making headlines, the public and their representatives are imposing requirements on those that hold sensitive data with renewed vigor. As high-value targets that hold large amounts of sensitive data, financial institutions are among the most heavily regulated. Regulations are necessary. However, regulations also come with costs that impact both large and small companies, their customers, and local, national, and international economies. As the regulations have proliferated so have those costs. The regulations will inevitably and justifiably diverge where different …
“You Must Construct Additional Pylons”: Building A Better Framework For Esports Governance, Laura L. Chao
“You Must Construct Additional Pylons”: Building A Better Framework For Esports Governance, Laura L. Chao
Fordham Law Review
The popularity of “esports,” also known as “electronic sports” or competitive video gaming, has exploded in recent years and captured the attention of cord-cutting millennials—often to the detriment of sports such as basketball, football, baseball, and hockey. In the United States, the commercial dominance of such traditional sports stems from decades of regulatory support. Consequently, while esports regulation is likely to emulate many aspects of traditional sports governance, the esports industry is fraught with challenges that inhibit sophisticated ownership and capital investment. Domestic regulation is complicated by underlying intellectual property ownership and ancillary considerations such as fluctuations in a video …
Answering To A Higher Authority: Sovereign-Mandated Oversight In The Board Room And The C-Suite, Thomas F. O’Neil Iii, T. Brendan Kennedy
Answering To A Higher Authority: Sovereign-Mandated Oversight In The Board Room And The C-Suite, Thomas F. O’Neil Iii, T. Brendan Kennedy
Fordham Journal of Corporate & Financial Law
The relationship between business organizations and the sovereign agencies that regulate them is being redefined domestically and abroad. In the context of corporate enforcement proceedings, a critical challenge is how to achieve, most effectively, the timehonored public sector objectives of punishment, deterrence, financial restitution and rehabilitation. At issue are important policy considerations and at stake are the integrity and security of the commercial marketplace. The public sector increasingly must balance the pressures of limited resources against the need to ensure that corporate citizens behave not only lawfully, but ethically and responsibly. One solution that has been adopted is the imposition …
Life Cycles Of American Legal History Through Bob Dylan's Eyes, Laurie Serafino
Life Cycles Of American Legal History Through Bob Dylan's Eyes, Laurie Serafino
Fordham Urban Law Journal
This Article will examine, from a legal perspective, Dylan's ideas on social policy and change. It begins with an in-depth look at the treatment of African Americans before, during, and after the Civil War by looking at relevant legal statutes and Supreme Court Cases. This Article then looks to the second cycle of revolution to gain Dylan's attention, the struggle of the worker and immigrant during the twentieth century. This article concludes by examining current domestic issues in the third cycle of revolution-- specifically, how corporations exert significant domination over the political process.
Arrested Development: Bob Dylan, Held For Questioning Under Suspicion Of "Autism", Alex Lubet
Arrested Development: Bob Dylan, Held For Questioning Under Suspicion Of "Autism", Alex Lubet
Fordham Urban Law Journal
This Article discusses an encounter Bob Dylan had with the law and its meaning in the context of the social constructions of mental disability, in general, and on autism in particular. The author does not speculate on Dylan's autism status.
Of Hitler And Camille Pissarro: Jurisdiction In Nazi Art Expropriation Cases Under The Foreign Sovereign Immunity Act, Elnaz Zarrini
Of Hitler And Camille Pissarro: Jurisdiction In Nazi Art Expropriation Cases Under The Foreign Sovereign Immunity Act, Elnaz Zarrini
Fordham Journal of Corporate & Financial Law
In November 1938, Walter Westfield, a renowned Jewish art dealer in Germany, was arrested, beaten, and imprisoned by the Nazis for an alleged violation of currency exchange laws.1 The true purpose of the arrest was to seize Westfield’s art collection for private resale, “a typical practice of the Nazi government.”2 On December 12 and 13 of the following year, a portion of Westfield’s art collection was seized and auctioned off through an order of the District Attorney’s Office Dusseldorf.3 In 1943, three years after Westfield was fined for the alleged violation and later sent to the Auschwitz death camp and …
A Home Of Its Own: The Role Of Poverty Law In Furthering Law Schools' Mission, Marie A. Fallinger
A Home Of Its Own: The Role Of Poverty Law In Furthering Law Schools' Mission, Marie A. Fallinger
Fordham Urban Law Journal
This essay argues that poverty law can and should be a part of the law school curriculum. If the law school believes it mission to be creating "1) lawyers as public citizens and leaders; 2) lawyers as skilled technicians of the law; 3) lawyers as skilled counselors; 4) lawyers as advocates on behalf of a cause in legal institutions; and 5) lawyers as transformational partners with the poor" then poverty law instruction is vital.