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Articles 541 - 570 of 844
Full-Text Articles in Entire DC Network
Reconciling People And Place In Housing And Community Development Policy Essay, Nestor M. Davidson
Reconciling People And Place In Housing And Community Development Policy Essay, Nestor M. Davidson
Faculty Scholarship
In housing and community development theory, scholars have long debated tensions between place-based policies and those that focus on fostering mobility. In practice, this is a false dichotomy and this essay explores ways in which place-based policies change the calculus of mobility, while mobility policies deeply shape both the communities people seek and those they leave behind.
What The Right Hand Gives: Prohibitive Interpretations Of The State Constitutional Right To Bail, Ariana Lindermayer
What The Right Hand Gives: Prohibitive Interpretations Of The State Constitutional Right To Bail, Ariana Lindermayer
Fordham Law Review
Most state constitutions include a right-to-bail provision, commonly phrased, “All persons shall be bailable by sufficient sureties except for [certain offenses] when the proof of guilt is evident or the presumption great.” This Note examines conflicting interpretations of the effect this provision has on the cases excluded from its guarantee—specifically, certain offenses when the proof is evident or presumption great. Some courts read this provision to be silent regarding the excepted cases, allowing the legislature and judiciary to decide whether to permit bail. Others reason that the plain language of this right to bail is prohibitive with respect to the …
Law And Online Social Networks: Mapping The Challenges And Promises Of User-Generated Information Flows, Tal Z. Zarsky
Law And Online Social Networks: Mapping The Challenges And Promises Of User-Generated Information Flows, Tal Z. Zarsky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
In The Eye Of The Storm: A Judge's Experience In Lethal-Injection Litigation, Jeremey Fogel
In The Eye Of The Storm: A Judge's Experience In Lethal-Injection Litigation, Jeremey Fogel
Fordham Urban Law Journal
No abstract provided.
Killing Them Softly: Mediations On A Painful Punishment Of Death, Robert Blecker
Killing Them Softly: Mediations On A Painful Punishment Of Death, Robert Blecker
Fordham Urban Law Journal
No abstract provided.
The Fourth Amendment And Immigration Enforcement In The Home: Can Ice Target The Utmost Sphere Of Privacy?, Marisa Antos-Fallon
The Fourth Amendment And Immigration Enforcement In The Home: Can Ice Target The Utmost Sphere Of Privacy?, Marisa Antos-Fallon
Fordham Urban Law Journal
This Note discusses whether targeting and entering homes of non-citizens without court-ordered warrants raises problems under the Fourth Amendment's prohibition of "unreasonable searches and seizures." Specifically, this note argues that additional protections are necessary to ensure that ICE does not violate the Fourth Amendment rights of those they target and those who get swept up in their enforcement effort. This is particularly true with initiatives such as "Operation Return to Sender" and "Operation Community Shield" because they are carried out in private homes, the traditional sphere of greatest Fourth Amendment protection. Part I of this Note details the particular ICE …
Securing Online Transactions: Crime Prevention Is The Key, Michael Ena
Securing Online Transactions: Crime Prevention Is The Key, Michael Ena
Fordham Urban Law Journal
This Comment illustrates how government regulation, criminal justice, private legal actions, and market forces contribute to the security of online transactions. Further, it argues that government regulation aimed at the prevention of cybercrime should be the primary focus of the efforts to improve online security. Ultimately, the Comment argues that as more businesses more online, securing online transactions becomes more critical to protect against fraud, to cut off source of illegal income for organized crime and terrorists, and to ensure the future growth of the national economy.
China's New Labor Contract Law And Protection Of Workers, Li Jing
China's New Labor Contract Law And Protection Of Workers, Li Jing
Fordham International Law Journal
This Comment will discuss the labor conditions in China that prompted many provisions in the recently enacted Labor Contract Law, and how the new law responds to deficiencies of China's Labor Law to address various labor problems. Part I of this Comment contains a brief presentation of the historical and economic background of the emergence of migrant workers. Part I also examines the causes of the main problems faced by migrant workers, in particular the insufficiencies of China's Labor Law in protecting migrant workers. Part II looks into the legislation's background and specific provisions of China's new Labor Contract Law …
Imagining Gun Control In America: Understanding The Remainder Problem Article And Essay, Nicholas J. Johnson
Imagining Gun Control In America: Understanding The Remainder Problem Article And Essay, Nicholas J. Johnson
Faculty Scholarship
Gun control in the United States generally has meant some type of supply regulation. Supply restrictions ranging from one-gun-a-month schemes to flat gun bans cannot work without a willingness and ability to reduce total inventory to levels approaching zero ("the supply-side ideal"). This is an impossible feat in a country that already has 300 million guns tightly held by people who think they are uniquely important tools. The average defiance ratio in places that have attempted gun confiscation and registration is 2.6 illegal guns for every legal one. In many countries defiance is far higher. None of those countries has …
The Judith Miller Case And The Relationship Between Reporter And Source: Competing Visions Of The Media's Role And Function, Daniel Joyce
The Judith Miller Case And The Relationship Between Reporter And Source: Competing Visions Of The Media's Role And Function, Daniel Joyce
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Human Rights And The European Court Of Justice: An Appraisal, Elizabeth F. Defeis
Human Rights And The European Court Of Justice: An Appraisal, Elizabeth F. Defeis
Fordham International Law Journal
Through the decisions of the European Court of Justice ("ECJ"), human rights have been placed at the forefront of the agenda of the European Union ("EU"). In analyzing the jurisprudence of the Court, one is struck both by the substantive impact that it has had on the development of human rights throughout the Union and by the procedural route through which this has been accomplished. This brief Essay will attempt to highlight both of these developments and explore some of the challenges that the Court faces as it confronts a vastly different world from that facing Europe in 1957.
"Redeveloping" Corporate Governance Structures: Non-For-Profit Governance During Major Capital Projects, A Case Study At Lincoln Center For The Performing Arts, Lesley Friedman Rosenthal
"Redeveloping" Corporate Governance Structures: Non-For-Profit Governance During Major Capital Projects, A Case Study At Lincoln Center For The Performing Arts, Lesley Friedman Rosenthal
Fordham Law Review
No abstract provided.
Tracking Terrorist Financing Through Swift: When U.S. Subpoenas And Foreign Privacy Law Collide, Patrick M. Connorton
Tracking Terrorist Financing Through Swift: When U.S. Subpoenas And Foreign Privacy Law Collide, Patrick M. Connorton
Fordham Law Review
This Note examines the jurisprudence surrounding production orders that require the ordered party to violate foreign law, using the Terrorist Finance Tracking Program--better known as the SWIFT Program--as a case study. This Note recommends that courts excuse or punish noncompliance with such production orders based solely on the good or bad faith acts of the ordered party. Although this approach will clarify the law in this area, in certain circumstances it may make it more difficult for the United States to obtain information abroad. Consequently, this Note urges the United States to pursue formal and informal information-sharing agreements with its …
Dying To Get Away With It: How The Abatement Doctrine Thwarts Justice--And What Should Be Done Instead, Timothy A. Razel
Dying To Get Away With It: How The Abatement Doctrine Thwarts Justice--And What Should Be Done Instead, Timothy A. Razel
Fordham Law Review
No abstract provided.
Cooperative Localism: Federal-Local Collaboration In An Era Of State Sovereignty Part Ii: Federalism, Nestor M. Davidson
Cooperative Localism: Federal-Local Collaboration In An Era Of State Sovereignty Part Ii: Federalism, Nestor M. Davidson
Faculty Scholarship
Direct relations between the federal government and local governments - what this article calls "cooperative localism" - play a significant and underappreciated role in areas of contemporary policy as disparate as homeland security, law enforcement, disaster response, economic development, social services, immigration, and environmental protection. Despite the ubiquity of this practice, a jurisprudential clash is looming that threatens this important facet of intergovernmental relations. Historically, courts have allowed local governments to invoke federal authority as a source of local autonomy, despite the prevailing view of local governments as powerless instrumentalities of the state. The Supreme Court is increasingly suggesting, however, …
Achieving Better Outcomes For Litigants In The New York State Courts, Chief Administative Judge Jonathan Lippman
Achieving Better Outcomes For Litigants In The New York State Courts, Chief Administative Judge Jonathan Lippman
Fordham Urban Law Journal
Remarks at the Inaguargal Fordham Dispute Reolution Society Symposium "ADR as a Tool for Achieving Social Justice."
A Price On Volunteerism:The Public Has A Higher Duty To Accommodate Volunteers, Lauren Attard
A Price On Volunteerism:The Public Has A Higher Duty To Accommodate Volunteers, Lauren Attard
Fordham Urban Law Journal
This Comment first examines the issues presented in Bauer (including the holding that the Americans with Disabilities Act does not protect these volunteers from discrimination) and the court’s rationale for finding that volunteers are not protected under Title III. Part II explores the requirements and differences between Title I and Title III and provides some history of the definitions of “volunteer” and “employee.” Part III presents a public duty thesis arguing that the responsibility of providing accommodations should not belong solely to employers in the context of employees, or public accommodations in the context of patrons, but to all factions …
Displacing Dissent: The Role Of "Place" In First Amendment Jurisprudence, Thomas P. Crocker
Displacing Dissent: The Role Of "Place" In First Amendment Jurisprudence, Thomas P. Crocker
Fordham Law Review
No abstract provided.
Protecting Public Health From Outside The Physician's Office: A Century Of Fda Regulation From Drug Safety Labeling To Off-Label Drug Promotion, Katherine A. Helm
Protecting Public Health From Outside The Physician's Office: A Century Of Fda Regulation From Drug Safety Labeling To Off-Label Drug Promotion, Katherine A. Helm
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Textual And Historical Case Against A Global Constitution, Andrew Kent
A Textual And Historical Case Against A Global Constitution, Andrew Kent
Faculty Scholarship
he emerging conventional wisdom in the legal academy is that individual rights under the U.S. Constitution should be extended to noncitizens outside the United States. This claim - called globalism in my article - has been advanced with increasing vigor in recent years, most notably in response to legal positions taken by the Bush administration during the war on terror. Against a Global Constitution challenges the textual and historical grounds advanced to support the globalist conventional wisdom and demonstrates that they have remarkably little support. At the same time, the article adduces textual and historical evidence that noncitizens were among …
Cooperative Localism: Federal-Local Collaboration In An Era Of State Sovereignty , Nestor M. Davidson
Cooperative Localism: Federal-Local Collaboration In An Era Of State Sovereignty , Nestor M. Davidson
Faculty Scholarship
Contemporary debates about federalism and localism often proceed with, at best, a glancing reference to each other.' Commentators portray parallel, largely disconnected worlds in which the federal government relates only to the states, and the states, in turn, hermetically encompass local governments. In practice, however, numerous federal regulatory, spending, and enforcement policies actively rely on the participation of local governments independent from the states. Indeed, direct relations between the federal government and local governments-what this Article calls "cooperative localism"-play a significant role in areas of contemporary policy as disparate as homeland security, law enforcement, disaster response, economic development, social services, …
Wrong Way Corrigan And Recent Developments In The Nonprofit Landscape: A Need For New Legal Approaches, James J. Fishman
Wrong Way Corrigan And Recent Developments In The Nonprofit Landscape: A Need For New Legal Approaches, James J. Fishman
Fordham Law Review
No abstract provided.
The Commerciality Doctrine As Applied To The Charitable Tax Exemption For Homes For The Aged: State And Local Perspectives, David A. Brennen
The Commerciality Doctrine As Applied To The Charitable Tax Exemption For Homes For The Aged: State And Local Perspectives, David A. Brennen
Fordham Law Review
No abstract provided.
The Ubit: Leveling An Uneven Playing Field Or Tilting A Level One?, Michael S. Knoll
The Ubit: Leveling An Uneven Playing Field Or Tilting A Level One?, Michael S. Knoll
Fordham Law Review
No abstract provided.
See No Evil: Wrongful Convictions And The Prosecutorial Ethics Of Offering Testimony By Jailhouse Informants And Dishonest Experts, Myrna S. Raeder
See No Evil: Wrongful Convictions And The Prosecutorial Ethics Of Offering Testimony By Jailhouse Informants And Dishonest Experts, Myrna S. Raeder
Fordham Law Review
No abstract provided.
Legal Frameworks And Technological Protection Of Digital Content: Moving Forward Towards A Best Practice Model, Urs Gasser
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Hunting The Hunters: Ab 381 And California's Attempt To Restrain The Papparazzi, Samantha J. Katze
Hunting The Hunters: Ab 381 And California's Attempt To Restrain The Papparazzi, Samantha J. Katze
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Post-Sale Restrainst Via Patent Licensing: A "Seedcentric" Perspective, Peter Carstensen
Post-Sale Restrainst Via Patent Licensing: A "Seedcentric" Perspective, Peter Carstensen
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Prosecution Of War Crimes: Military Commissions And The Procedural And Substantive Protections Beyond International Law, Tim Bakken
Fordham International Law Journal
This Article examines the procedures contained in the Military Commissions Act of 2006 (“MCA”) and finds that they are consistent with the practice of prior military tribunals, domestic and international law, and recent U.S. Supreme Court decisions. The Article discusses specifically two questions that have arisen since the U.S. Supreme Court's decision in Hamdan v. Rumsfeld and Congress's subsequent passage of the MCA. First, do the procedures in the MCA comport with international standards? The Article considers the procedures arising from international agreements and those used in military tribunals during and after World War II, the international tribunals for Rwanda, …
Solving The Puzzle Of Mead And Christensen: What Would Justice Stevens Do?, Amy J. Wildermuth
Solving The Puzzle Of Mead And Christensen: What Would Justice Stevens Do?, Amy J. Wildermuth
Fordham Law Review
No abstract provided.