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Team Of Rivals? Toward A New Model Of The Corporate Attorney-Client Relationship, David B. Wilkins 2010 Fordham Law School

Team Of Rivals? Toward A New Model Of The Corporate Attorney-Client Relationship, David B. Wilkins

Fordham Law Review

No abstract provided.


The Changing Professional Landscape Of Large Law Firms, Glass Ceilings And Dead Ends: Professional Ideologies, Gender Stereotypes, And The Future Of Women Lawyers At Large Law Firms, Eli Wald 2010 Fordham Law School

The Changing Professional Landscape Of Large Law Firms, Glass Ceilings And Dead Ends: Professional Ideologies, Gender Stereotypes, And The Future Of Women Lawyers At Large Law Firms, Eli Wald

Fordham Law Review

No abstract provided.


Freedom, Finality, And Federal Preemption: Seeking Expanded Judicial Review Of Arbitration Awards Under State Law After Hall Street, Brian T. Burns 2010 Fordham Law School

Freedom, Finality, And Federal Preemption: Seeking Expanded Judicial Review Of Arbitration Awards Under State Law After Hall Street, Brian T. Burns

Fordham Law Review

When the U.S. Supreme Court decided Hall Street Associates, L.L.C. v. Mattel, Inc. in March 2008, the Court held that under the Federal Arbitration Act (FAA), parties to an arbitration agreement may not contractually expand the grounds for judicial review of an arbitration award beyond the grounds enumerated in the FAA. In dicta, however, the Court expressly left open the possibility that parties nonetheless may obtain expanded review by relying on state arbitration law, rather than the FAA. This Note examines the availability of contractually expanded review under state law and addresses the question of whether, in ...


Supply Chains And Porous Boundaries: The Disaggregation Of Legal Services, Milton C. Regan, Jr., Palmer T. Heenan 2010 Fordham Law School

Supply Chains And Porous Boundaries: The Disaggregation Of Legal Services, Milton C. Regan, Jr., Palmer T. Heenan

Fordham Law Review

No abstract provided.


Multidisciplinary Practice Redux: Globalization, Core Values, And Reviving The Mdp Debate In America, Paul D. Paton 2010 Fordham Law School

Multidisciplinary Practice Redux: Globalization, Core Values, And Reviving The Mdp Debate In America, Paul D. Paton

Fordham Law Review

No abstract provided.


Matters Of Public Safety And The Current Quarrel Over The Scope Of The Quarles Exception To Miranda, Rorie A. Norton 2010 Fordham Law School

Matters Of Public Safety And The Current Quarrel Over The Scope Of The Quarles Exception To Miranda, Rorie A. Norton

Fordham Law Review

In October 1984, the Burger Court set forth an exception to the Miranda doctrine in New York v. Quarles permitting officers to intentionally abstain from administering Miranda warnings to suspects where a threat to the safety of the public or officers exists. However, latent ambiguity arising from the Quarles decision authored by Justice William Rehnquist has resulted in a split among the federal courts of appeals as to what constitutes a “public safety threat.” Some courts broadly extend the Quarles exception to inherently dangerous situations, including the threat of an officer mishandling an undiscovered weapon. Other courts narrowly apply Quarles ...


Dna And Due Process, Brandon L. Garrett 2010 University of Virginia School of Law

Dna And Due Process, Brandon L. Garrett

Fordham Law Review

The U.S. Supreme Court in District Attorney’s Office v. Osborne confronted novel and complex constitutional questions regarding the postconviction protections offered to potentially innocent convicts. Two decades after DNA testing exonerated the first inmate in the United States, the Court heard its first claim by a convict seeking DNA testing that could prove innocence. I argue that, contrary to early accounts, the Court did not reject a constitutional right to postconviction DNA testing. Despite language suggesting the Court would not “constitutionalize the issue” by announcing an unqualified freestanding right, Chief Justice Roberts’s majority opinion proceeded to carefully ...


The Compatibility Of Patent Law And The Internet, Jeanne C. Fromer 2010 Fordham University School of Law

The Compatibility Of Patent Law And The Internet, Jeanne C. Fromer

Fordham Law Review

No abstract provided.


The Fourth Quadrant, Jonathan Zittrain 2010 Fordham Law School

The Fourth Quadrant, Jonathan Zittrain

Fordham Law Review

No abstract provided.


The Internet Is A Semicommons, James Grimmelmann 2010 Fordham Law School

The Internet Is A Semicommons, James Grimmelmann

Fordham Law Review

No abstract provided.


Behind The Music: Determining The Relevant Constitutional Standard For Statutory Damages In Copyright Infringement Suits, Colin Morrissey 2010 Fordham Law School

Behind The Music: Determining The Relevant Constitutional Standard For Statutory Damages In Copyright Infringement Suits, Colin Morrissey

Fordham Law Review

Record labels have brought thousands of copyright infringement lawsuits against individuals engaged in the online downloading and distribution of music. As these lawsuits work their way through the court system, a debate has emerged over the constitutionality of the large statutory damage awards some juries have awarded. In arguing that the copyright statute results in unconstitutional damage awards, commentators as well as defendants accused of copyright infringement contend that courts should apply the rigorous standard of review for punitive damages that the U.S. Supreme Court adopted in BMW of North America v. Gore to find large statutory damage awards ...


Judge Or Jury? Determining Deception Or Misrepresentation Under The Fair Debt Collection Practices Act, Christian Stueben 2010 Fordham Law School

Judge Or Jury? Determining Deception Or Misrepresentation Under The Fair Debt Collection Practices Act, Christian Stueben

Fordham Law Review

This Note explores the conflict among the federal circuit courts as to whether a judge or jury should decide if the language contained in a collection letter is false, misleading, or deceptive to the least sophisticated consumer under the Fair Debt Collection Practices Act (FDCPA). Some circuits, such as the Second and Ninth Circuits, hold that this issue is a question of law, appropriate for the judge to decide. In contrast, the Seventh Circuit finds this to be a question of fact, and requires the plaintiff to submit extrinsic evidence in the form of professional surveys in order to reach ...


New York: The Next Mecca For Judgment Creditors? An Analysis Of Koehler V. Bank Of Bermuda Ltd., Damien H. Weinstein 2010 Fordham Law School

New York: The Next Mecca For Judgment Creditors? An Analysis Of Koehler V. Bank Of Bermuda Ltd., Damien H. Weinstein

Fordham Law Review

New York may have just become a great place to be a judgment creditor. In the summer of 2009, the Court of Appeals of New York handed down its decision in Koehler v. Bank of Bermuda Ltd. In Koehler, the court upheld a turnover order directing a garnishee to transfer a nonresident judgment debtor’s assets, deposited in a Bermuda bank, into New York. Under Koehler, assets anywhere in the world may now be garnishable in New York so long as the garnishee is subject to the state’s jurisdiction. This decision greatly broadens New York courts’ power to enforce ...


Remarks From Senator Birch Bayh, 2010 Fordham Law School

Remarks From Senator Birch Bayh

Fordham Law Review

These Remarks are adapted from an address given by former Senator Birch Bayh at the symposium The Adequacy of the Presidential Succession System in the 21st Century, which was held at Fordham University School of Law on April 16 and 17, 2010. Senator Bayh discusses his role as the Twenty-Fifth Amendment’s principal sponsor and describes the origins and rationales for amendment’s provisions.


Nepa At The Limits Of Risk Assessment: Whether To Discuss A Potential Terrorist Attack On A Nuclear Power Plant Under The National Environment Policy Act, Michael Hill 2010 Fordham Law School

Nepa At The Limits Of Risk Assessment: Whether To Discuss A Potential Terrorist Attack On A Nuclear Power Plant Under The National Environment Policy Act, Michael Hill

Fordham Law Review

This Note explores the question of whether to address the environmental impacts of a potential terrorist attack on a nuclear power plant under the National Environmental Policy Act (NEPA). The Nuclear Regulatory Commission (NRC) and the U.S. Court of Appeals for the Third Circuit assert that the risk of terrorism is unquantifiable and too remote to warrant consideration under NEPA. In contrast, the U.S. Court of Appeals for the Ninth Circuit concludes that the risk is foreseeable enough that it cannot be disregarded as a matter of law and that a qualitative discussion of a range of potential ...


Baseless Pleas: A Mockery Of Justice, Mari Byrne 2010 Fordham Law School

Baseless Pleas: A Mockery Of Justice, Mari Byrne

Fordham Law Review

This Note addresses the ethicality of the baseless plea, a guilty plea entered by a defendant for a crime that everyone in the courtroom—judge, prosecutor, defense attorney, and defendant—knows the defendant did not commit. Used in the interest of efficiency and leniency, the baseless plea allows a defendant to plead guilty to a crime that has no basis in the facts of the case. Though used by courts in numerous jurisdictions, baseless pleas have been largely unaddressed as courts have sought to conceal the practice and as commentators have therefore failed to detect it. This Note seeks to ...


Presidential Succession Scenarios In Popular Culture And History And The Need For Reform, William F. Baker, Beth A. Fitzpatrick 2010 Fordham Law School

Presidential Succession Scenarios In Popular Culture And History And The Need For Reform, William F. Baker, Beth A. Fitzpatrick

Fordham Law Review

This Article looks at the issue of presidential succession through the lens of the popular imagination, attempting see what in the nation’s laws needs changing. Many of the movies and television shows that have made plots or subplots out of presidential succession imagine what would happen if the president was killed in a nuclear attack (Jericho and By Dawn’s Early Light), a natural disaster (The Day After Tomorrow), or even an alien invasion (Mars Attacks!). Other common plotlines feature nefarious vice presidents or other officials seizing presidential office by murdering the chief executive or staging a coup d ...


Taking From The Twenty-Fifth Amendment: Lessons In Ensuring Presidential Continuity, Joel K. Goldstein 2010 Fordham Law School

Taking From The Twenty-Fifth Amendment: Lessons In Ensuring Presidential Continuity, Joel K. Goldstein

Fordham Law Review

The Twenty-Fifth Amendment remains the most successful effort to address continuity problems inherent in the original Constitution or which subsequently developed. Lessons from that experience may help reformers act to resolve at least some of the remaining shortcomings. In addition to its provisions, the Twenty-Fifth Amendment represents certain implicit constitutional values that should guide responses to remaining problems. Moreover, it was the product of successful legislative strategies in an area that generally resists such measures. Although all of these principles and lessons do not point in the same direction and some have limited application to the remaining issues, others should ...


Lost Opportunity: Learning The Wrong Lesson From The Hayes-Tilden Dispute, Nathan L. Colvin, Edward B. Foley 2010 Fordham Law School

Lost Opportunity: Learning The Wrong Lesson From The Hayes-Tilden Dispute, Nathan L. Colvin, Edward B. Foley

Fordham Law Review

A clear, efficient, and fair mechanism for resolving election disputes is an important aspect of smooth presidential succession. It is also something that our Constitution has lacked from its inception, and the adverse consequences of its absence were most recently apparent in the 2000 election. The 1876 Hayes-Tilden election, which required an Electoral Commission to resolve disputes about presidential electors, was the most severe manifestation of this presidential succession gap. As such, it also should have represented the best opportunity to fix the problem.

Instead of wholesale reform and constitutional amendment, Congress spent the next eleven years focusing its energy ...


An Eyewitness Account Of Executive “Inability”, Fred F. Fielding 2010 Fordham Law School

An Eyewitness Account Of Executive “Inability”, Fred F. Fielding

Fordham Law Review

In these Remarks delivered at the symposium The Adequacy of the Presidential Succession System in the 21st Century at Fordham University School of Law on April 16, 2010, Fred F. Fielding recounts the moments when he was an “eyewitness” to uses or contemplated uses of the Twenty-Fifth Amendment while serving in the White House Counsel’s Office in three administrations. When he was Deputy White House Counsel in the Nixon administration, the Twenty-Fifth Amendment’s vice presidential replacement provision was used to nominate Gerald Ford to the office. As White House Counsel during the Reagan administration, Fielding was part of ...


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