Digital Commons Network^™

37 W. 72nd St., Inc. V. Frankel

All Decisions

No abstract provided.

Ptr Realty Llc V. Department Of Housing Preservation & Development Of The City Of New York

All Decisions

No abstract provided.

Marantz V. Md Cbd 180 Franklin Llc

All Decisions

No abstract provided.

The Stuyvesant Town - Peter Cooper Village Tenants' Association V. Bpp St Owner Llc

All Decisions

No abstract provided.

Duplicate, Decolonize, Destroy: Current Topics In Art And Cultural Heritage Law, Fordham Iplj

Fordham Intellectual Property, Media and Entertainment Law Journal

The opening panel discussed the upcoming case before the United States Supreme Court, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. Panelists included Amelia K. Brankov, Founder, Brankov PLLC and Chair of the New York City Bar Association Art Law Committee; Joel L. Hecker, Principal Attorney, Law Offices of Joel L. Hecker; and Philippa S. Loengard, Director of the Kernochan Center for Law, Media & the Arts and Lecturer-in-Law at Columbia Law School. The case is compelling because the Court rarely hears copyright cases, especially those addressing the affirmative defense of fair use. Moderated by Christopher J. Robinson, …

The Case Of The Missing Device Patents, Or: Why Device Patents Matter, Erika Lietzan, Kristina M.L. Acri, Evan Weidner

Fordham Intellectual Property, Media and Entertainment Law Journal

A company that earns premarket approval of its medical device is entitled to an extension of one patent claiming the device, to make up for some of the time it spent doing premarket research. Yet, surprisingly, a mere thirteen percent of those eligible for this extension (also known as patent term “restoration”) ask for one. In contrast, most drug companies entitled to this same patent extension ask for one. In this Article, we attribute the imbalance largely to differences between the two regulatory frameworks. In brief, because the FDA classifies and regulates devices based on what they do and how …

2022-2023 Fordham Law School Faculty Bibliography, Fordham Law School Library

Faculty Bibliography

Bibliography of Fordham Law School faculty publications in print from July 2022-June 2023.

An Antidote For Patients: Combatting The Discriminatory Effects Of Artificial Intelligence In Healthcare, Jonathan Fenster

Fordham Urban Law Journal

No abstract provided.

Emergency Rule: A New Paradigm For State And Local Governance?, Paul A. Diller

Fordham Urban Law Journal

No abstract provided.

Manipulating, Lying, And Engineering The Future, Michal Lavi

Fordham Intellectual Property, Media and Entertainment Law Journal

Decision-making should reflect personal autonomy. Yet, it is not entirely an autonomous process. Influencing individuals’ decision-making is not new. It is and always has been the engine that drives markets, politics, and debates. However, in the digital marketplace of ideas the nature of influence is different in scale, scope, and depth. The asymmetry of information shapes a new model of surveillance capitalism. This model promises profits gained by behavioral information collected from consumers and personal targeting. The Internet of Things, Big Data and Artificial Intelligence open a new dimension for manipulation. In the age of Metaverse that would be mediated …

Fair Questions, Major Answers: Rooting Fair Housing In An Incentive-Based Approach To Avoid Major Questions Concerns, Samantha Jumper

Fordham Urban Law Journal

No abstract provided.

The Impossibility Of Local Police Reform, Ava Ayers

Fordham Urban Law Journal

No abstract provided.

Prosecution And Polarization, Steven Arrigg Koh

Fordham Urban Law Journal

No abstract provided.

The (Immediate) Future Of Prosecution, Daniel Richman

Fordham Urban Law Journal

No abstract provided.

Constitutional Mischiefs And Constitutional Remedies: Making Sense Of Limits On The Right To Keep And Bear Arms In The Founding Era, Saul Cornell

Fordham Urban Law Journal

No abstract provided.

Bastions Of Independence Or Shields Of Misconduct?: Increasing Transparency In Judicial Conduct Commissions, Katarina Herring-Trott

Fordham Law Review

No abstract provided.

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 Patent Written Description Requirement: A Requirement In Search Of A Description, Darlene M.J. Staines

Fordham Law Review

Innovation often requires a hefty investment of time and money. The patent system exists to incentivize innovation by granting inventors the exclusive use of their invention for a set period of time. In return, the public receives the benefit of the inventor’s knowledge, as well as the use of the invention once the exclusivity period ends. One of the hurdles for obtaining a patent is the written description requirement, which demands that the inventor disclose enough information to prove that they actually invented what they are seeking patent protection for. This requirement serves to prevent an undeserving “inventor” from obtaining …

Exhuming Nondelegation . . . Intelligibly, Zachary R.S. Zajdel

Fordham Journal of Corporate & Financial Law

Whether by avalanche or a thousand cuts, the intelligible principle test may be awaiting its untimely demise at the behest of a reinvigorated nondelegation movement. Perhaps looking to speed up the decomposition, the Fifth Circuit in Jarkesy v. Securities and Exchange Commission struck down the SEC’s discretion to pursue enforcement actions with its own Administrative Law Judges or in federal court as unconstitutionally delegated legislative power. This Note posits that Jarkesy was rightly decided but rife with uncompelling reasoning. Establishing this requires a detour into the meaning of the Necessary and Proper Clause, the significance of the separation of powers, …

Are Chatgpt And Other Similar Systems The Modern Lernaean Hydras Of Ai?, Dimitrios Ioannidis, Esq., Dr. Jeremy Kepner, Dr. Andrew Bowne, Lt. Col., Usaf, Harriet S. Bryant

Fordham Intellectual Property, Media and Entertainment Law Journal

The rise of Generative Artificial Intelligence systems (“AI systems”) has created unprecedented social engagement. AI code generation systems provide responses (output) to questions or requests by accessing the vast library of open-source code created by developers over the past few decades. However, they do so by allegedly stealing the open-source code stored in virtual libraries, known as repositories. This Article focuses on how this happens and whether there is a solution that protects innovation and avoids years of litigation. We also touch upon the array of issues raised by the relationship between AI and copyright. Looking ahead, we propose the …

A Future For Carbon Taxation?, Myanna Dellinger

Fordham International Law Journal

No abstract provided.

State Responsibility For Human Rights Violations Perpetrated In The Name Of International Counter-Terrorism Financing Obligations, Alyssa T. Yamamoto, Fionnuala Ní Aoláin

Fordham International Law Journal

This Essay responds to the increasing adoption by States across continents of repressive, over-reaching laws, regulations, and policies aimed at countering the financing of terrorism. It documents the immense international pressure to adopt counter-terrorism financing measures, coupled with the seeming marginalization of concurrent international human rights law obligations. The Essay first sets out the applicable legal framework and rapid normative developments in international counter-terrorism financing law. Second, the Essay provides a snapshot of existing allegations of human rights violations committed in the name of international counter-terrorism financing obligations, including judicial harassment and undue surveillance of human rights defenders and civil …

The Superficial Application Of Originalism In Dobbs: Could A More Comprehensive Approach Protect Abortion Rights?, Amanda Trau

Fordham Urban Law Journal

No abstract provided.

Income Tax (Treasury) Unhappy: Efficacy Of Media Campaigns And Tax Noncompliance, Limor Riza

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article systematically evaluates the effectiveness of governmental media campaigns and considers whether we should invest in educating society via such campaigns to increase tax compliance, primarily in light of the intrinsic flaw of taxation.

Is a radio spot that starts with the sound of scary footsteps approaching you, followed by an announcer who says in a deep and intimidating voice, “we’re closing in on undeclared income,” effective? To answer those questions, this Article proposes and showcases a four-step analysis—the ARMS scheme (Aim, Reason, Media-Methods, Sorting). First, the government’s aim of increased tax compliance is identified and declared (Step I: …

Do Investors Care About Municipal Debtors’ Access To Bankruptcy? Evidence From Bond Disclosures, Mitu Gulati, Richard C. Schragger

Fordham Urban Law Journal

No abstract provided.

Budgeting For Exoneree Compensation:Indemnifying Exonerees Not Officials To Deter Future Wrongful Convictions, Mackenzie Philbrick

Fordham Urban Law Journal

No abstract provided.

Law, Urban Space, And Precarious Property: The Governance Of Poor People’S Possessions, Nicholas Blomley, Alexandra Flynn, Marie-Ève Sylvestre, Nicholas Olson

Fordham Urban Law Journal

No abstract provided.

Evidence Rules For Decarceration, Erin R. Collins

Fordham Urban Law Journal

No abstract provided.

Signing It All Away: The Permissible Scope Of Waivers And Releases Under The Federal Employers’ Liability Act, Paris Rogers

Fordham Urban Law Journal

No abstract provided.

The Legal Case For Equity In Local Climate Action Planning, Amy E. Turner

Fordham Urban Law Journal

No abstract provided.