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Fordham Law School

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3b Copyright Law Session. Copyright Potpourri, Ron Lazebnik, Umair Kazi, Sepehr Shahshahani, Paolo Catallozzi, Steven J. Shapiro, Christine Storry, Ann Bartow, Susan Scafidi Apr 2021

3b Copyright Law Session. Copyright Potpourri, Ron Lazebnik, Umair Kazi, Sepehr Shahshahani, Paolo Catallozzi, Steven J. Shapiro, Christine Storry, Ann Bartow, Susan Scafidi

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

No abstract provided.


4b Trademark Law Session. Trademark Applications And Enforcement In Bad Faith: Developments In The Courts And Legislature, Sven Schonhofen, Alexander Tsoutsanis, Magdalena Berger, Gareth Dickson, Paul Maier, Daniel R. Bereskin C.M., Q.C. Apr 2021

4b Trademark Law Session. Trademark Applications And Enforcement In Bad Faith: Developments In The Courts And Legislature, Sven Schonhofen, Alexander Tsoutsanis, Magdalena Berger, Gareth Dickson, Paul Maier, Daniel R. Bereskin C.M., Q.C.

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

No abstract provided.


4c Trademark Law Session. Trademark Potpourri, Magdalena Berger, Etienne Sanz De Acedo, Gordon Humphreys, Melissa Pittaoulis, Joel Smith, Daan Erickson, Irene Calboli, Anderson Duff Apr 2021

4c Trademark Law Session. Trademark Potpourri, Magdalena Berger, Etienne Sanz De Acedo, Gordon Humphreys, Melissa Pittaoulis, Joel Smith, Daan Erickson, Irene Calboli, Anderson Duff

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

No abstract provided.


2a Patent Law Session. Subject Matter Eligibility, Adam Mossoff, John B. Pegram, David J. Kappos, Shimako Kato, Michael Williams, Trevor Cook Apr 2021

2a Patent Law Session. Subject Matter Eligibility, Adam Mossoff, John B. Pegram, David J. Kappos, Shimako Kato, Michael Williams, Trevor Cook

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

No abstract provided.


3a Copyright Law Session. Eu Copyright Reform, Ted Shapiro, Eleonora Rosati, Jan Bernd Nordemann, Jerker Rydén, Fiona Phillips, Giuseppe Mazziotti, Silke Von Lewinski Apr 2021

3a Copyright Law Session. Eu Copyright Reform, Ted Shapiro, Eleonora Rosati, Jan Bernd Nordemann, Jerker Rydén, Fiona Phillips, Giuseppe Mazziotti, Silke Von Lewinski

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

No abstract provided.


3c Copyright Law Session. U.S. Copyright Developments, David O. Carson, Ralph Oman, Nick Bartelt, Steven Tepp, Kevin Madigan, Robert J. Bernstein, Jonathan Band Apr 2021

3c Copyright Law Session. U.S. Copyright Developments, David O. Carson, Ralph Oman, Nick Bartelt, Steven Tepp, Kevin Madigan, Robert J. Bernstein, Jonathan Band

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

No abstract provided.


4a Trademark Law Session. Eu Trademark Law Update, James Nurton, Tobias Timmann, Peter Reuss, David Stone, Christina Münter, Anke Nordemann-Schiffel Apr 2021

4a Trademark Law Session. Eu Trademark Law Update, James Nurton, Tobias Timmann, Peter Reuss, David Stone, Christina Münter, Anke Nordemann-Schiffel

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

No abstract provided.


1a Plenary Session. Government Leaders’ Perspectives On Ip, Hugh C. Hansen, Daren Tang, António Campinos, Shira Perlmutter, Marco Giorello, Pauline Newman, Brian H. Pandya Apr 2021

1a Plenary Session. Government Leaders’ Perspectives On Ip, Hugh C. Hansen, Daren Tang, António Campinos, Shira Perlmutter, Marco Giorello, Pauline Newman, Brian H. Pandya

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

No abstract provided.


Baer V. 400 S. 2nd St. Realties, Lp Apr 2021

Baer V. 400 S. 2nd St. Realties, Lp

All Decisions

HP proceeding brought by tenant in interim multiple dwelling seeking order to correct and injunction prohibiting "harassment". Motion to dismiss by landlord granted as court finds the NYC Loft Board has exclusive jurisdiction over interim multiple dwellings.


Turco V. Novita Llc Apr 2021

Turco V. Novita Llc

All Decisions

Petitioner tenants have been displaced from the subject premises which was damaged by fire since November, 2020, and bring this HP action seeking correction of 62 outstanding HPD violations. Respondent landlord filed 27 affirmative defenses. Court GRANTS in part (all but one of) petitioners’ motion to strike affirmative defenses: petitioners have facially stated a cause of action; HC DOES have jurisdiction to enforce “housing standards”; the conditions alleged DO constitute housing code violations; defenses of laches, estoppel and waiver do NOT apply to HP proceedings; the many contract law defenses submitted by LL do not articulate a defense; and DENIES …


37 West 72nd Street, Inc V. Dennis Hough Apr 2021

37 West 72nd Street, Inc V. Dennis Hough

All Decisions

No abstract provided.


36170 Realty Ltd. V. Boyd Apr 2021

36170 Realty Ltd. V. Boyd

All Decisions

No abstract provided.


Analysis And Investigation Of Solitary Confinement Reforms, Alison E. Gordon Apr 2021

Analysis And Investigation Of Solitary Confinement Reforms, Alison E. Gordon

SJD Dissertations

No abstract provided.


Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell Apr 2021

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken during this …


The Federalist Constitution As A Project In International Law, David M. Golove, Daniel J. Hulsebosch Apr 2021

The Federalist Constitution As A Project In International Law, David M. Golove, Daniel J. Hulsebosch

Fordham Law Review

No abstract provided.


Slavery's Constitution: Rethinking The Federal Consensus, Maeve Glass Apr 2021

Slavery's Constitution: Rethinking The Federal Consensus, Maeve Glass

Fordham Law Review

For at least half a century, scholars of the early American Constitution By recovering this genealogy and expanding our map of the founding, this Essay offers a more complete view of the origins of one of the oldest and most consequential rules of constitutional union. In doing so, it allows us to see the institution of racial slavery not simply as one confined to a single section of the South and upheld by its peculiar doctrine of states’ rights but as a fundamentally American institution, one upheld by a rule of federal and state inaction in the face of slavery’s …


Executive Power And The Rule Of Law In The Marshall Court: A Rereading Of Little V. Barreme And Murray V. Schooner Charming Betsy, Jane Manners Apr 2021

Executive Power And The Rule Of Law In The Marshall Court: A Rereading Of Little V. Barreme And Murray V. Schooner Charming Betsy, Jane Manners

Fordham Law Review

This Essay uses two 1804 opinions by Chief Justice John Marshall to explicate a world in which understandings of executive power and the rule of law were very different from those that predominate today. Scholars have misread Little v. Barreme and Murray v. Schooner Charming Betsy, this Essay argues, because they apply modern assumptions about the balance of power between Congress and the executive that do not fit the Marshall Court’s constitutional vision. Contemporary interpretations read Little for the propositions that the president’s inherent wartime power may be limited by statute and that early American jurists rejected officers’ “good faith” …


Ignoring Information Quality, Janet Freilich Apr 2021

Ignoring Information Quality, Janet Freilich

Fordham Law Review

Entry into the patent system is guarded by an examination process to screen out applications that impose undue costs on the public without commensurate benefit. To do this, patent examiners rely heavily on various pieces of information—both provided by the patent applicant and independently discovered by the examiner—to assess whether an application should be granted. This Article shows that there are few mechanisms at the U.S. Patent and Trademark Office for questioning the veracity of this information, even though it may be incorrect. Rather, patent examination often assumes that existence of information equals accuracy of information. Consequently, examiners may rely …


Without Doors: Native Nations And The Convention, Mary Sarah Bilder Apr 2021

Without Doors: Native Nations And The Convention, Mary Sarah Bilder

Fordham Law Review

No abstract provided.


President Madison's Living Constitution: Fixation, Liquidation, And Constitutional Politics In The Jeffersonian Era, Saul Cornell Apr 2021

President Madison's Living Constitution: Fixation, Liquidation, And Constitutional Politics In The Jeffersonian Era, Saul Cornell

Fordham Law Review

No abstract provided.


Article Ix, Article Iii, And The First Congress: The Original Constitutional Plan For The Federal Courts, 1787-1792, Thomas H. Lee Apr 2021

Article Ix, Article Iii, And The First Congress: The Original Constitutional Plan For The Federal Courts, 1787-1792, Thomas H. Lee

Fordham Law Review

No abstract provided.


The Other Madison Problem, David S. Schwartz, John Mikhail Apr 2021

The Other Madison Problem, David S. Schwartz, John Mikhail

Fordham Law Review

The conventional view of legal scholars and historians is that James pursue a fresh and more accurate assessment of Madison and his constitutional legacy, particularly with respect to slavery. Madison was the “father” or “major architect” of the Constitution, whose unrivaled authority entitles his interpretations of the Constitution to special weight and consideration. This view greatly exaggerates Madison’s contribution to the framing of the Constitution and the quality of his insight into the main problem of federalism that the Framers tried to solve. Perhaps most significantly, it obstructs our view of alternative interpretations of the original Constitution with which Madison …


Reframing Article I, Section 8, Richard Primus Apr 2021

Reframing Article I, Section 8, Richard Primus

Fordham Law Review

No abstract provided.


Blind Justice And Just Arbitrators: Understanding The Federal Arbitration Act’S Evident Partiality Standard, Heather Cameron Apr 2021

Blind Justice And Just Arbitrators: Understanding The Federal Arbitration Act’S Evident Partiality Standard, Heather Cameron

Fordham Law Review

Arbitral awards are intended to be binding on parties who subject their disputes to arbitration. However, an arbitrator’s bias in favor of one of the parties is one of the few grounds on which a party can object to such an award. The standard used to evaluate such bias is known as “evident partiality.” This Note examines two commonly used standards—referred to in this Note as the “possible impression” standard and the “likely actual bias” standard—deployed by U.S. courts to define evident partiality and determine whether the requirements for vacating an arbitral award have been fulfilled. This Note advocates that …


Inoculating Title Vii: The “Undue Hardship” Standard And Employer-Mandated Vaccination Policies, Mary-Lauren Miller Apr 2021

Inoculating Title Vii: The “Undue Hardship” Standard And Employer-Mandated Vaccination Policies, Mary-Lauren Miller

Fordham Law Review

The widespread administration of a vaccine is essential to bringing an end to the COVID-19 pandemic. Employers can contribute to this goal by requiring employees to be vaccinated. The ability of employers to impose vaccine mandates is theoretically limited in part by Title VII of the Civil Rights Act of 1964, which requires employers to accommodate religious employees unless doing so would impose an “undue hardship” on the employer. Under the current interpretation of undue hardship, employers typically cannot face legal liability for denying accommodations to employees refusing to receive an employer-mandated vaccine on religious grounds, though some employers may …


Williams V. Texas, Bruce A. Green, Ellyde R. Thompson Mar 2021

Williams V. Texas, Bruce A. Green, Ellyde R. Thompson

Amicus Briefs

No abstract provided.


1616 President St. Realty Llc V. Barber Mar 2021

1616 President St. Realty Llc V. Barber

All Decisions

No abstract provided.


Food First Hdfc Inc. V. Turner Mar 2021

Food First Hdfc Inc. V. Turner

All Decisions

No abstract provided.


Yorkville Plaza Assocs. V. Reynolds Mar 2021

Yorkville Plaza Assocs. V. Reynolds

All Decisions

No abstract provided.


Mclendon V. Kelley Mar 2021

Mclendon V. Kelley

All Decisions

No abstract provided.