Law Commons^™

You Say Intrastate, I Say Interstate: Why We Should Call The Whole Thing Off, Andrew Wiktor

Fordham Law Review

As society evolves, so do criminals. In the early twentieth century, America embraced the automobile, passed the Volstead Act, and created a national highway program. These developments inadvertently paved the way for interstate criminal enterprise. Infamous gangsters such as Al Capone were able to operate large-scale racketeering syndicates without fear of being prosecuted for two primary reasons: (1) states lacked jurisdiction, resources, or both to go after such criminals, and (2) there was no federal criminal statute to fill the gap left by the states. But as criminals evolve, so does society. In 1961, Congress, at the urging of Attorney ...

Lady Justice Cannot Hear Your Prayers, Deborah Ogali

Fordham Law Review

The Islamic finance industry continues to grow quickly as the appetite for everything, from Sharia-compliant home mortgages and car loans to sophisticated financial products, increases. This growth has triggered an interest in sukuk, bond-like financial instruments. And while the international market for sukuk has long been dominated by foreign issuers and English law, the attraction of a niche market compatible with U.S. federal and international securities laws may propel increased participation by U.S. issuers and investors who wish to transact under U.S. federal and state laws. As with all Islamic financial products, sukuk transactions inherently pose a ...

Foreword, Matthew Diller

Fordham Law Review

In 2012 our colleague Robert J. Kaczorowski published Fordham University School of Law: A History. As we read Bob’s book, discussed it, and thought about it, we realized emphatically that it not only synthesized the history of Fordham Law School in a superbly illuminating way, but that it is one of the best books to date on the history of twentieth-century legal education in America. It compellingly tells the story of American legal education through the lens of an urban law school founded to expand access to the legal profession for groups that had been shut out of the ...

History And Harvard Law School, Bruce A. Kimball, Daniel R. Coquillette

Fordham Law Review

In their seminal article, Alfred Konefsky and John Henry Schlegel saw institutional histories of law schools as the graveyard of academic reputations. So why write institutional histories? Due to the leadership of Robert Kaczorowski and William Nelson, and the generosity of Fordham University School of Law and New York University School of Law, an important conference took place between July 2 and July 4, 2018, at New York University’s Villa La Pietra outside of Florence. The purpose was to encourage good institutional history and to define its value. We had recently published the first volume of a new history ...

Fordham University School Of Law: A Case Study Of Legal Education In Twentieth-Century America, Robert J. Kaczorowski

Fordham Law Review

This paper focuses on three themes that shaped legal education in twentieth-century America and roughly organizes the topics of this conference. These themes emerged when I was researching and writing the history of Fordham University School of Law. Consequently, I will discuss Fordham’s history as a case study focused on the following themes: 1. The importance of university relations and funding to enhancing the quality of a law school; 2. The importance of scholarship and the changing nature of scholarship in legal education; and 3. The importance of diversity and the changing nature of diversity in legal education.

Subsidiarity And Federalism: The Relationship Between Law Schools And Their Universities, John Sexton

Fordham Law Review

In his book on the history of Fordham University School of Law, Bob Kaczorowski does not take an explicit position on how decision-making authority on matters ranging from resource utilization to curriculum development should be allocated between a law school and its university. Rather, he offers in detail a story and extensive evidence that tends to reflect and support the view traditionally taken by the American Bar Association (ABA), the vast majority of law faculty, and most law school deans on the subject: listen, you folks over there at the university—we know what we are doing, so just leave ...

The Importance Of Scholarship To Law School Excellence, William E. Nelson

Fordham Law Review

As we have learned from Dan Coquillette, Bob Kaczorowski, and John Sexton, access to substantial funding is undoubtedly a prerequisite for a law school to enjoy excellence. Funding, that is, is a necessary, but not sufficient condition for excellence. Something else—intellectual vision—is also required.

Second Mode Inclusion Claims In The Law Schools, Kenneth W. Mack

Fordham Law Review

During the past half-decade, law school student demands for changes in legal education to address issues of diversity and inclusion have both proliferated and grown insistent. Although the demands are somewhat varied, they have sometimes stretched far beyond the admission and hiring of more students and faculty from minority groups. Students have advocated for basic changes in the way that law schools operate in order to make them more inclusive of groups that have been historically marginalized within these institutions.

Rape Messaging, Alena Allen

Fordham Law Review

When feminists began advocating for rape reform in the 1970s, the rape message was clear: rape was not a crime to be taken seriously because women lie. After decades of criminal law reform, the legal requirement that a woman vigorously resist a man’s sexual advances to prove that she was raped has largely disappeared from the statute books, and, in theory, rape shield laws make a woman’s prior sexual history irrelevant. Yet, despite what the law dictates, rape law reforms have not had a “trickle-down” effect, where changes in law lead to changes in attitude. Women are still ...

The Role Of Direct-Injury Government-Entity Lawsuits In The Opioid Litigation, Edgar Aliferov

Fordham Law Review

The opioid epidemic has ravaged the United States, killing over 100 Americans every day and costing the nation upward of $90 billion a year. All branches and levels of the government have pursued measures to combat the epidemic and reduce its societal costs. Perhaps the most interesting response is the emergence of direct-injury government-entity lawsuits, which seek to recover damages from opioid companies that facilitated prescription pill addictions. Cities, counties, and states across the country are suing opioid manufacturers and distributors in unprecedented numbers. This Note explores the role of direct-injury government-entity claims as compared to other forms of civil ...

Forbidden Friending: A Framework For Assessing The Reasonableness Of Nonsolicitation Agreements And Determining What Constitutes A Breach On Social Media, Erin Brendel Mathews

Fordham Law Review

Social media has changed the way people conduct their day-to-day lives, both socially and professionally. Prior to the proliferation of social media, it was easier for people to keep their work lives and social lives separate if they so wished. What social media has caused people to do in recent years is to blend their personal and professional personas into one. People can choose to fill their LinkedIn connections with both their clients and their college classmates, they can be Facebook friends with their coworkers right along with their neighbors, and they can utilize social media sites to market themselves ...

Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler

Fordham Law Review

More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with religions that disapprove of homosexuality. As such, voucher-accepting schools across the country have admissions policies that discriminate against LGBT students and students with LGBT parents. Little recourse exists for students who suffer discrimination at the hands of voucher-accepting schools. This Note considers two ways to provide protection from such discrimination for LGBT students and ultimately argues that the best route is for an LGBT student to ...

Is The First Amendment Obsolete?, Tim Wu

Michigan Law Review

The First Amendment was brought to life in a period, the twentieth century, when the political speech environment was markedly different than today’s. With respect to any given issue, speech was scarce and limited to a few newspapers, pamphlets or magazines. The law was embedded, therefore, with the presumption that the greatest threat to free speech was direct punishment of speakers by government.

Today, in the internet and social media age, it is no longer speech that is scarce—rather, it is the attention of listeners. And those who seek to control speech use new methods that rely on ...

Doping In Sport - Should It Be A Crime?, Tomas Fitzgerald

Sports Law eJournal

Extract: In 2010 the National Rugby League discovered that the Melbourne Storm Rugby League club, had engaged in systematic breaches of the salary cap rules. Across 5 years the club paid players in various ways without disclosing those payments as required under the NRL’s rules. Additionally, those payments were covered up by doctored bookkeeping, and in some cases false statutory declarations about compliance with salary cap rules. In 2013 the Essendon Football Club was investigated by the Australian Sports Anti-Doping Authority for its now notorious supplements program. That program involved the administration of purportedly performance enhancing substances to members ...

E-Museletter: December 2018, William Taylor Muse Law Library

Museletter

This Issue:

24 Hour Access Begins December 3

Westlaw Edge arriving January 1

Dongle-Free Device Display! Dang! That’s Easy

Undergraduates in the Library

Goodbye FDSys, hello Govinfo.gov

iPad Apps for Students, Lawyers, and Student Lawyers

Common Ownership And Coordinated Effects, Edward Rock, Daniel L. Rubinfeld

New York University Law and Economics Working Papers

With the growth of common ownership and investor engagement with portfolio firms, the possibility of adverse competitive effects of common ownership has become an important issue. To date, most of the focus has been on “unilateral” effects. In this Article, we shift the focus to the potential “coordinated” effects of common ownership and the appropriate antitrust treatment. After examining the ways in which a common owner could be a particularly effective cartel facilitator, we identify five scenarios, based on antitrust case law and enforcement experience, in which common ownership could plausibly increase the potential for coordinated conduct in concentrated markets ...

Revolution In Crime: How Cryptocurrencies Have Changed The Criminal Landscape, Igor Groysman

Student Theses

This thesis will examine the ways in which various cryptocurrencies have impacted certain traditional crimes. While crime is always evolving with technology, cryptocurrencies are a game changer in that they provide anonymous and decentralized payment systems which, while they can be tracked in a reactive sense via the blockchain, are seen by criminals as having better uses for them than traditional fiat currencies, such as the ability to send money relatively fast to another party without going through an intermediary, or the ability to obscure the origin of the money for money laundering purposes. Every week there are new cryptocurrencies ...

Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter

Dignity: A Journal on Sexual Exploitation and Violence

Survivors of prostitution propose a policy reform platform including three main pillars of priority: criminal justice reforms, fair employment, and standards of care. The sexual exploitation of prostituted individuals has lasting effects which can carry over into many aspects of life. In order to remedy these effects and give survivors the opportunity to live a full and free life, we must use a survivor-centered approach to each of these pillars to create change. First, reform is necessary in the criminal justice system to recognize survivors as victims of crime and not perpetrators, while holding those who exploited them fully responsible ...

Neither Limited Nor Simplified: A Proposal For Reform Of Illinois Supreme Court Rule 222(B), Michael S. Smith

Michigan Law Review

A limited and simplified discovery system should broaden access to courts, resolve disputes quickly, and expedite relief to injured parties. It should not incentivize procedural gamesmanship or increase the system’s complexity. Regrettably, Illinois’s “limited and simplified” discovery system does both. The initiation procedure for the simplified system, Rule 222(b), creates procedural traps and perverse incentives for both plaintiffs and defendants, and conflicting appellate interpretations of the Rule intensify the problem. This Note examines the flaws underlying the current simplified discovery scheme and argues for reform. It examines simplified discovery schemes in other states to recommend a new ...

"The Essential Characteristic": Enumerated Powers And The Bank Of The United States, Richard Primus

Michigan Law Review

The idea that Congress can legislate only on the basis of its enumerated powers is an orthodox proposition of constitutional law, one that is generally supposed to have been recognized as essential ever since the Founding. Conventional understandings of several episodes in constitutional history reinforce this proposition. But the reality of many of those events is more complicated. Consider the 1791 debate over creating the Bank of the United States, in which Madison famously argued against the Bank on enumerated-powers grounds. The conventional memory of the Bank episode reinforces the sense that the orthodox view of enumerated powers has been ...