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The Independent State Legislature Doctrine, Michael T. Morley Nov 2021

The Independent State Legislature Doctrine, Michael T. Morley

Fordham Law Review

The U.S. Constitution grants authority to both regulate congressional elections and determine the manner in which a state chooses its presidential electors specifically to the legislature of each state, rather than to the state as an entity. The independent state legislature doctrine teaches that, because a legislature derives its power over federal elections directly from the Constitution in this manner, that authority differs in certain important respects from the legislature’s general police powers that it exercises under the state constitution. Although the doctrine was applied on several occasions in the nineteenth century, it largely fell into desuetude in the years …


A Roadmap For Foreign Official Immunity Cases In U.S. Courts, William S. Dodge, Chimène I. Keitner Nov 2021

A Roadmap For Foreign Official Immunity Cases In U.S. Courts, William S. Dodge, Chimène I. Keitner

Fordham Law Review

This Article provides a roadmap for cases involving foreign official immunity in U.S. courts. In 2010, the U.S. Supreme Court held in Samantar v. Yousuf that the Foreign Sovereign Immunities Act (FSIA) does not govern the immunity of foreign officials. Since Samantar, dozens of decisions have addressed questions of foreign official immunity. Yet, U.S. courts often seem lost. They frequently fail to engage with the customary international law rules of foreign official immunity, instead reaching back to an outdated provision of the 1965 Restatement (Second) of Foreign Relations Law. Courts are divided on how much deference to give …


Stronger Than Ever: New York’S Rent Stabilization System Survives Another Legal Challenge, Charles K. Gehnrich Nov 2021

Stronger Than Ever: New York’S Rent Stabilization System Survives Another Legal Challenge, Charles K. Gehnrich

Fordham Law Review

The fate of New York’s rent stabilization laws (RSL) directly concerns millions of New York City residents who take shelter in the protection of the RSL from the hardships and unfair business practices that accompany an unregulated housing market during a housing crisis. After the New York State Legislature made these tenant protections stronger than ever before in 2019, affected landlords responded by petitioning the courts to dismantle the entire rent regulation regime. A federal district court in the Eastern District of New York rejected the landlords’ broad constitutional challenge in Community Housing Improvement Project v. City of New York …


Choose Your Words Carefully: Reimagining Retaliatory Arrest After Nieves V. Bartlett, Ryan Hor Nov 2021

Choose Your Words Carefully: Reimagining Retaliatory Arrest After Nieves V. Bartlett, Ryan Hor

Fordham Law Review

In the summer of 2020, the United States experienced potentially its largest ever social movement in the protests against racial inequality. Predictably, protestors clashed with law enforcement officers, often leading to arrests. Arrested individuals could bring § 1983 retaliatory arrest claims alleging that the officers deprived them of their First Amendment right to free speech. Such claims underline the tension between two vital interests: free speech and law enforcement effectiveness. In 2019, the U.S. Supreme Court decided Nieves v. Bartlett, which crafted a new framework for retaliatory arrest claims that consequently diminished a plaintiff’s chance to prevail and recover …


Cacophony Or Concerto?: Analyzing The Applicability Of The Wiretap Act’S Party Exception For Duplicate Get Requests, David Koenig Nov 2021

Cacophony Or Concerto?: Analyzing The Applicability Of The Wiretap Act’S Party Exception For Duplicate Get Requests, David Koenig

Fordham Law Review

The Electronic Communications Privacy Act (“Wiretap Act”) prohibits the intentional interception of an electronic communication. However, “parties to a communication” can intercept a communication without Wiretap Act liability. Parties include the intended recipients of a communication. When internet users navigate the internet, they communicate with websites using GET requests. The users’ GET requests call out to websites and websites respond by providing the websites’ content to the users. During this process, websites receive user data. This data can include information about the website visited, the search terms used to locate the website, and referral data identifying the last web page …


Free And Fair: Judicial Intervention In Elections Beyond The Purcell Principle And Anderson-Burdick Balancing, Danika Elizabeth Watson Nov 2021

Free And Fair: Judicial Intervention In Elections Beyond The Purcell Principle And Anderson-Burdick Balancing, Danika Elizabeth Watson

Fordham Law Review

The United States’s politically charged 2020 federal election, conducted in the midst of a global pandemic, seismically shook the fault lines of state and local elections administration nationwide. Voters, candidates, parties, states, and political campaigns brought hundreds of claims to the courts, seeking judicial intervention to protect equity in their voting rights. The 2020 pandemic election cases demonstrated that Equal Protection claims relying on the Anderson-Burdick balancing test are both overly reliant on judicial discretion and highly vulnerable to invalidation under the Purcell principle. This Note examines the equal protection challenges raised in courts throughout the country in 2020 to …


Decision In Art. 78 Proceeding - O'Connor, Raymond (2021-09-29) Oct 2021

Decision In Art. 78 Proceeding - O'Connor, Raymond (2021-09-29)

Decisions in Art. 78 Proceedings

No abstract provided.


Collaterally Attacking The Prison Litigation Reform Act's Application To Meritorious Prisoner Civil Litigation, Melissa Benerofe Oct 2021

Collaterally Attacking The Prison Litigation Reform Act's Application To Meritorious Prisoner Civil Litigation, Melissa Benerofe

Fordham Law Review

Earlier this year, the Prison Litigation Reform Act (PLRA) reached its twenty-fifth birthday, reinvigorating discussion on its effects on people in prison and the U.S. criminal justice system more broadly. This Note examines how the PLRA deters and obstructs prisoners’ ability to file meritorious civil rights lawsuits regarding the conditions of their confinement. The PLRA does so primarily through four of its provisions, which this Note refers to as the “access provisions.” The access provisions include: (1) the exhaustion of administrative remedies; (2) the filing fee provision; (3) the three-strikes rule; and (4) limitations on attorney’s fees. This Note argues …


Corporate Law's Forgotten Constituents: Reimagining Corporate Lawyering In Routine Business Contexts, Melissa E. Romanovich Oct 2021

Corporate Law's Forgotten Constituents: Reimagining Corporate Lawyering In Routine Business Contexts, Melissa E. Romanovich

Fordham Law Review

Although they are artificial entities, corporations are operated, managed, and represented by people. Sometimes, these people have personal interests at stake—interests that are separate and distinct from the corporation’s interests and that arise from these people acting in their corporate roles. These personal interests and related potential liabilities range from employment concerns and civil liability to criminal prosecution and imprisonment. Until now, however, the law has determined that, in most situations, a corporation’s lawyer neither represents the corporation’s constituents nor their personal interests. The corporate lawyer, therefore, has the challenging role of discharging the proper ethical and legal obligations to …


Disability Without Documentation, Katherine A. Macfarlane Oct 2021

Disability Without Documentation, Katherine A. Macfarlane

Fordham Law Review

Disability exists regardless of whether a doctor has confirmed its existence. Yet in the American workplace, employees are not disabled, or entitled to reasonable accommodations, until a doctor says so. This Article challenges the assumption that requests for reasonable accommodations must be supported by medical proof of disability. It proposes an accommodation process that accepts individuals’ assessments of their disabilities and defers to their accommodation preferences. A documentation-free model is not alien to employment law. In evaluating religious accommodations, employers—and courts—take a hands-off approach to employees’ representations that their religious beliefs are sincere. Disability deserves the same deference. This Article …


Dinsay V. Akelius Real Estate Mgmt Llc Sep 2021

Dinsay V. Akelius Real Estate Mgmt Llc

All Decisions

Landlord asked the court to grant it additional time to comply with a court order to correct Class C HPD violations. Tenant filed an opposition and cross-motion for an order directing the landlord to complete corrections within the original order's timeframe and to install "remedial safety measures" while repairs are ongoing. The court granted the landlord a 3-month extension to complete all repairs and ordered the landlord to install remedial safety measures to improve ventilation and air quality in the meantime.


Decision In Art. 78 Proceeding - Wooldridge, Vaughn (2010-08-17) Sep 2021

Decision In Art. 78 Proceeding - Wooldridge, Vaughn (2010-08-17)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Wise, Anthony F. (2007-12-31) Sep 2021

Decision In Art. 78 Proceeding - Wise, Anthony F. (2007-12-31)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Winchell, Craig (2010-06-09) Sep 2021

Decision In Art. 78 Proceeding - Winchell, Craig (2010-06-09)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Winkler, Stuart (2012-08-27) Sep 2021

Decision In Art. 78 Proceeding - Winkler, Stuart (2012-08-27)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Wilson, Domingo (2010-09-02) Sep 2021

Decision In Art. 78 Proceeding - Wilson, Domingo (2010-09-02)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Wilson, Kevin (2015-09-11) Sep 2021

Decision In Art. 78 Proceeding - Wilson, Kevin (2015-09-11)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Williams, Joseph (2007-09-25) Sep 2021

Decision In Art. 78 Proceeding - Williams, Joseph (2007-09-25)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Williams, Rudolph (2017-09-06) Sep 2021

Decision In Art. 78 Proceeding - Williams, Rudolph (2017-09-06)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Williams, Antonio (2015-06-25) Sep 2021

Decision In Art. 78 Proceeding - Williams, Antonio (2015-06-25)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Williams, Dorphus (2013-05-21) Sep 2021

Decision In Art. 78 Proceeding - Williams, Dorphus (2013-05-21)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Wigfall, Joseph (2013-09-30) Sep 2021

Decision In Art. 78 Proceeding - Wigfall, Joseph (2013-09-30)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Wiley, Tonie (2015-04-09) Sep 2021

Decision In Art. 78 Proceeding - Wiley, Tonie (2015-04-09)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - West, Michael G. (2013-09-24) Sep 2021

Decision In Art. 78 Proceeding - West, Michael G. (2013-09-24)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Washington, James (2011-11-16) Sep 2021

Decision In Art. 78 Proceeding - Washington, James (2011-11-16)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Walker, Sherman (2013-02-04) Sep 2021

Decision In Art. 78 Proceeding - Walker, Sherman (2013-02-04)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Ventura, Charles (2011-11-22) Sep 2021

Decision In Art. 78 Proceeding - Ventura, Charles (2011-11-22)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Valverde, John (2007-06-08) Sep 2021

Decision In Art. 78 Proceeding - Valverde, John (2007-06-08)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Utsey, Charles (2013-07-05) Sep 2021

Decision In Art. 78 Proceeding - Utsey, Charles (2013-07-05)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Turner, Afi (2009-06-24) Sep 2021

Decision In Art. 78 Proceeding - Turner, Afi (2009-06-24)

Decisions in Art. 78 Proceedings

No abstract provided.