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Fordham Law School

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Administrative Appeal Decision - Applegate, Bradford (2020-08-27) May 2021

Administrative Appeal Decision - Applegate, Bradford (2020-08-27)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Antigua, Amin (2020-01-03) May 2021

Administrative Appeal Decision - Antigua, Amin (2020-01-03)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Anderson, Eric (2020-03-16) May 2021

Administrative Appeal Decision - Anderson, Eric (2020-03-16)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Almonte, Juan (2020-04-14) May 2021

Administrative Appeal Decision - Almonte, Juan (2020-04-14)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Allen, Clarence (2020-03-10) May 2021

Administrative Appeal Decision - Allen, Clarence (2020-03-10)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Addison, Thomas (2020-01-03) May 2021

Administrative Appeal Decision - Addison, Thomas (2020-01-03)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Adams, Kasim (2020-01-03) May 2021

Administrative Appeal Decision - Adams, Kasim (2020-01-03)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Williams, Derrick (2020-01-03) May 2021

Administrative Appeal Decision - Williams, Derrick (2020-01-03)

Parole Administrative Appeal Decisions

No abstract provided.


Feeling And Thinking Like A Lawyer: Cognition, Emotion, And The Practice And Progress Of Law, Susan A. Bandes May 2021

Feeling And Thinking Like A Lawyer: Cognition, Emotion, And The Practice And Progress Of Law, Susan A. Bandes

Fordham Law Review

No abstract provided.


Understanding The Social And Cognitive Process In Law School That Creates Unhealthy Lawyers, Kathryne M. Young May 2021

Understanding The Social And Cognitive Process In Law School That Creates Unhealthy Lawyers, Kathryne M. Young

Fordham Law Review

Previous work on law student wellness and mental health strongly suggests that the seeds of professional unhappiness are sown in law school. Law students suffer from anxiety, depression, substance abuse, and other mental health problems at alarmingly high rates. They also leave law school with different concerns, commitments, and cognitive patterns than when they entered, emerging less hopeful, less intrinsically motivated, and more concerned with prestige than they were at the outset. So what, exactly, happens to people in law school? Although a rich body of quantitative and survey-based research on law students documents these empirical trends, surprisingly little qualitative …


Taking A Stand: Climate Change Litigants And The Viability Of Constitutional Claims, Mina Juhn May 2021

Taking A Stand: Climate Change Litigants And The Viability Of Constitutional Claims, Mina Juhn

Fordham Law Review

In response to the accelerating effects of global warming, individuals and citizen groups in the United States have brought suit against the federal government to challenge the adequacy of existing climate change policies. Though statutory and tort claims comprise the bulk of these actions, plaintiffs have begun alleging that government inaction on climate change violates constitutional and fundamental rights. In these matters, the federal judiciary generally applies threshold justiciability doctrines, such as standing and the political question doctrine, to deny judicial review. This Note examines the reasoning behind the judiciary’s application of these doctrines and evaluates the appropriate scope of …


Clean Water Act Jurisdiction Over Groundwater Discharges After County Of Maui V. Hawaii Wildlife Fund, Jocelyn Lee May 2021

Clean Water Act Jurisdiction Over Groundwater Discharges After County Of Maui V. Hawaii Wildlife Fund, Jocelyn Lee

Fordham Law Review

The Clean Water Act is the principal federal law aimed at controlling pollution of the nation’s water resources, yet it does not provide comprehensive oversight of pollutants entering groundwater, the subsurface water that often feeds into rivers, lakes, and oceans. This Note examines a recent Supreme Court decision, County of Maui v. Hawaii Wildlife Fund, which appeared to endorse a theory of federal regulation of groundwater discharges under the Clean Water Act. County of Maui established a “functional equivalent” standard, under which a discharge through groundwater is subject to the Clean Water Act’s permitting requirements if it is the functional …


If Only I Had Known: The Challenges Of Representation, Jenny E. Carroll May 2021

If Only I Had Known: The Challenges Of Representation, Jenny E. Carroll

Fordham Law Review

No abstract provided.


Who Needs Adverse Possession?, Nadav Shoked May 2021

Who Needs Adverse Possession?, Nadav Shoked

Fordham Law Review

Adverse possession is one of property law’s most central doctrines. Yet, this Article contends, the need it answers has been largely misunderstood. Adverse possession’s doctrinal effects are clear—and stark: when its requirements are met, an owner loses her land to an invader. To explain a doctrine instituting such a radical result, scholars resort to property law’s major philosophical theories. These theories, they argue, at times demand that an owner lose her land to another person who is more committed to that land. The problem with these prevailing justifications of adverse possession, this Article shows, is that they imagine a very …


Affirmative Immunity: A Litigation-Based Approach To Curb Appellate Courts’ Raising Qualified Immunity Sua Sponte, Michael E. Beyda May 2021

Affirmative Immunity: A Litigation-Based Approach To Curb Appellate Courts’ Raising Qualified Immunity Sua Sponte, Michael E. Beyda

Fordham Law Review

Qualified immunity, to put it simply, provides public officials with immunity from civil lawsuits if they have violated an individual’s constitutional rights under their official authority and those rights were not “clearly established” at the time of the official’s actions. The doctrine has evolved into an elaborate framework that has plagued civil rights plaintiffs, as well as courts, for decades. Qualified immunity is an affirmative defense, and affirmative defenses are waived if not raised appropriately by the defendant. Moreover, issues that are not properly raised before the trial court, including affirmative defenses, are generally not considered for the first time …


Transgender Inmates’ Right To Gender Confirmation Surgery, Marissa Luchs May 2021

Transgender Inmates’ Right To Gender Confirmation Surgery, Marissa Luchs

Fordham Law Review

The Eighth Amendment prohibits cruel and unusual punishment. It ensures that the state’s power to punish is exercised within the bounds of evolving standards of human decency. At the time of its enactment in 1791, the Eighth Amendment merely protected against torture and other physically barbarous treatments. However, as society’s standards of decency changed, so too did the scope of the Eighth Amendment. Today, among other protections, the Eighth Amendment mandates that prisons provide inmates with adequate conditions of confinement. This includes an obligation on the part of the prison to provide adequate medical care. But a great deal of …


Latchman V. Hardnett Apr 2021

Latchman V. Hardnett

All Decisions

No abstract provided.


Nuredin V. Koufa Realty Corp. Apr 2021

Nuredin V. Koufa Realty Corp.

All Decisions

No abstract provided.


1c Plenary Session. Views From The Judiciary, Hugh C. Hansen, Richard Arnold, Annabelle Bennett, Colin Birss, Stephen Burley, Paolo Catallozzi, Jennifer Choe-Groves, Christopher Floyd, Klaus Grabinski, Lennie Hoffman, Simon Holzer, Gordon Humphreys, Robin Jacob, Carl Josefsson, Rian Kalden, F. Scott Kleff, Kathleen M. O'Malley, Paul R. Michel, Pauline Newman Apr 2021

1c Plenary Session. Views From The Judiciary, Hugh C. Hansen, Richard Arnold, Annabelle Bennett, Colin Birss, Stephen Burley, Paolo Catallozzi, Jennifer Choe-Groves, Christopher Floyd, Klaus Grabinski, Lennie Hoffman, Simon Holzer, Gordon Humphreys, Robin Jacob, Carl Josefsson, Rian Kalden, F. Scott Kleff, Kathleen M. O'Malley, Paul R. Michel, Pauline Newman

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.


5d Patent Law Session. Ptab, Kenneth R. Adamo, George E. Badenoch, Patricia Martone, John Richards, John R. Thomas, Brian Scarpelli Apr 2021

5d Patent Law Session. Ptab, Kenneth R. Adamo, George E. Badenoch, Patricia Martone, John Richards, John R. Thomas, Brian Scarpelli

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.


6d Copyright Law, Competition & Trademark Law Session. U.S. Trademark Law Update, Marshall Leaffer, Joshua L. Simmons, Jeffrey A. Handelman, Gerald M. Levine, Jennifer Mcdowell Apr 2021

6d Copyright Law, Competition & Trademark Law Session. U.S. Trademark Law Update, Marshall Leaffer, Joshua L. Simmons, Jeffrey A. Handelman, Gerald M. Levine, Jennifer Mcdowell

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.


7d Competition & Four Concurrent Sessions. Trade Secrets, Jan-Diederik Lindemans, Richard Arnold, Courtney Cox, Victoria A. Cundiff, Sharon K. Sandeen Apr 2021

7d Competition & Four Concurrent Sessions. Trade Secrets, Jan-Diederik Lindemans, Richard Arnold, Courtney Cox, Victoria A. Cundiff, Sharon K. Sandeen

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.


5c Patent Law Session. International Patent Developments, John Richards, Robin Jacob, Christopher Floyd, Lennie Hoffman, Dirk Bühler, Heinz Goddar, Gustavo De Freitas Morais, Shlomo Cohen Apr 2021

5c Patent Law Session. International Patent Developments, John Richards, Robin Jacob, Christopher Floyd, Lennie Hoffman, Dirk Bühler, Heinz Goddar, Gustavo De Freitas Morais, Shlomo Cohen

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.


6c Copyright Law, Competition & Trademark Law Session. Frand, Cordula Schumacher, David Por, Steven Geiszler, Anne-Charlotte Le Bihan, Milan Kristof, Rian Kalden, Tobias Hahn, Steve Akerley Apr 2021

6c Copyright Law, Competition & Trademark Law Session. Frand, Cordula Schumacher, David Por, Steven Geiszler, Anne-Charlotte Le Bihan, Milan Kristof, Rian Kalden, Tobias Hahn, Steve Akerley

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.


5b Patent Law Session. Patent Litigation, Myles Jelf, Simon Holzer, Marjan Noor, Stephen Burley, Ronald E. Dimock, Otto Licks, Aloys Hütterman Apr 2021

5b Patent Law Session. Patent Litigation, Myles Jelf, Simon Holzer, Marjan Noor, Stephen Burley, Ronald E. Dimock, Otto Licks, Aloys Hütterman

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.


6b Copyright Law, Competition & Trademark Law Session. Copyright & Music, Mitch Glazier, Judith Finell, William F. Patry, Regan A. Smith, Daniel J. Abowd, Richard Pfohl, Sean M, O'Connor Apr 2021

6b Copyright Law, Competition & Trademark Law Session. Copyright & Music, Mitch Glazier, Judith Finell, William F. Patry, Regan A. Smith, Daniel J. Abowd, Richard Pfohl, Sean M, O'Connor

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.


6a Copyright Law, Competition & Trademark Law Session. Platform Liability In The U.S. And Eu, Lauri Rechardt, Maria Strong, Abigail A. Rives, Ursula Feindor-Schmidt, Stanford Mccoy, Sandra Aistairs, Julia Reda Apr 2021

6a Copyright Law, Competition & Trademark Law Session. Platform Liability In The U.S. And Eu, Lauri Rechardt, Maria Strong, Abigail A. Rives, Ursula Feindor-Schmidt, Stanford Mccoy, Sandra Aistairs, Julia Reda

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.


7a Competition & Four Concurrent Sessions. Ip In China, Mark Cohen, Elaine Wu, He Jing, Jill (Yijun) Ge, Guan H. Tang, Boya Yin Apr 2021

7a Competition & Four Concurrent Sessions. Ip In China, Mark Cohen, Elaine Wu, He Jing, Jill (Yijun) Ge, Guan H. Tang, Boya Yin

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.


2c Patent Law Session. U.S. Patent Developments, Martin J. Adelman, Dimitrios T. Drivas, Nicholas P. Groombridge, Adam Mossoff, Laura Sheridan, Ari Laakkonen, Steven Lieberman Apr 2021

2c Patent Law Session. U.S. Patent Developments, Martin J. Adelman, Dimitrios T. Drivas, Nicholas P. Groombridge, Adam Mossoff, Laura Sheridan, Ari Laakkonen, Steven Lieberman

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.


2b Patent Law Session. Patents And The Pandemic, Penny Gilbert, Joshua D. Sarnoff, John Todaro, James Love, Justin Hughes, Miquel Montañá, Kevin J. Mcgough, Jihn Lee Apr 2021

2b Patent Law Session. Patents And The Pandemic, Penny Gilbert, Joshua D. Sarnoff, John Todaro, James Love, Justin Hughes, Miquel Montañá, Kevin J. Mcgough, Jihn Lee

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.