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Articles 331 - 360 of 1757
Full-Text Articles in Entire DC Network
Decision In Art. 78 Proceeding - Kelly, Michael P. (2017-07-28)
Decision In Art. 78 Proceeding - Kelly, Michael P. (2017-07-28)
Decisions in Art. 78 Proceedings
No abstract provided.
Decision In Art. 78 Proceeding - Chan, Dennie (2003-02-07)
Decision In Art. 78 Proceeding - Chan, Dennie (2003-02-07)
Decisions in Art. 78 Proceedings
No abstract provided.
Parole Interview Transcript/Decision - Fusl000008 (2006-03-21)
Parole Interview Transcript/Decision - Fusl000008 (2006-03-21)
Parole Interview Transcripts and Decisions
No abstract provided.
Liability For Ai Decision-Making: Some Legal And Ethical Considerations, Iria Giuffrida
Liability For Ai Decision-Making: Some Legal And Ethical Considerations, Iria Giuffrida
Fordham Law Review
The creation and commercialization of these systems raise the question of how liability risks will play out in real life. However, as technical advancements have outpaced legal actions, it is unclear how the law will treat AI systems. This Article briefly addresses the legal ramifications and liability risks associated with reliance on—or delegation to—AI systems, and it sketches a framework suggesting how we can address the question of whether AI merits a new approach to deal with the liability challenges it raises when humans remain “in” or “on” the loop.
See No Evil, Hear No Evil: Applying The Sight And Sound Separation Protection To All Youths Who Are Tried As Adults In The Criminal Justice System, Lauren Knoke
Fordham Law Review
American law treats youths within the criminal justice system with contrasting impulses. In some cases, the law deems youths worthy of special protections and places them within the juvenile justice system. In other situations, however, it views youths as posing distinct dangers and funnels them into justice systems designed for adults. So long as youths remain under the jurisdiction of the juvenile justice system, they are afforded the protections of the Juvenile Justice and Delinquency Prevention Act (JJDPA). One of the JJDPA’s core protections, sight and sound separation, aims to prevent youths from having any visual or spoken exchanges with …
Power, Process, And Automated Decision-Making, Ari Ezra Waldman
Power, Process, And Automated Decision-Making, Ari Ezra Waldman
Fordham Law Review
Automated decision-making systems based on “big data”–powered algorithms and machine learning are just as prone to mistakes, biases, and arbitrariness as their human counterparts. The result is a technologically driven decision-making process that seems to defy interrogation, analysis, and accountability and, therefore, undermines due process.
Milkovich, #Metoo, And “Liars”: Defamation Law And The Fact-Opinion Distinction, Pooja Bhaskar
Milkovich, #Metoo, And “Liars”: Defamation Law And The Fact-Opinion Distinction, Pooja Bhaskar
Fordham Law Review
Since the start of the #MeToo movement, sexual assault survivors have increasingly turned defamation law against their alleged assaulters. In these #MeToo defamation cases, an alleged victim publicly claims that another person, usually someone of considerable wealth and fame, sexually assaulted them. The alleged assaulter then calls their accuser a liar, causing their accuser to sue their alleged assaulter for defamation. These cases have consistently raised an element of the defamation analysis that has long challenged courts: distinguishing between statements of actionable “fact” and nonactionable “opinion.” #MeToo defamation cases raise the question of whether an alleged assaulter’s claim that their …
January 2019 - June 2019 Fordham Law School Faculty Bibliography, Fordham Law School Library
January 2019 - June 2019 Fordham Law School Faculty Bibliography, Fordham Law School Library
Faculty Bibliography
No abstract provided.
Art. 78 Petition - Fusl000041 (2018-06-27)
Prosecuting Dark Net Drug Marketplace Operators Under The Federal Crack House Statute, Thomas J. Nugent
Prosecuting Dark Net Drug Marketplace Operators Under The Federal Crack House Statute, Thomas J. Nugent
Fordham Law Review
Over 70,000 Americans died as the result of a drug overdose in 2017, a record year following a record year. Amidst this crisis, the popularity of drug marketplaces on what has been called the “dark net” has exploded. Illicit substances are sold freely on such marketplaces, and the anonymity these marketplaces provide has proved troublesome for law enforcement. Law enforcement has responded by taking down several of these marketplaces and prosecuting their creators, such as Ross Ulbricht of the former Silk Road. Prosecutors have typically leveled conspiracy charges against the operators of these marketplaces—in Ulbricht’s case, alleging a single drug …
District Attorney Recommendation - Fusl000043 (2019-08-12)
District Attorney Recommendation - Fusl000043 (2019-08-12)
District Attorney Recommendations
No abstract provided.
District Attorney Recommendation - Fusl000045 (2019-09-19)
District Attorney Recommendation - Fusl000045 (2019-09-19)
District Attorney Recommendations
No abstract provided.
When Law Frees Us To Speak, Danielle Keats Citron, Jonathon W. Penney
When Law Frees Us To Speak, Danielle Keats Citron, Jonathon W. Penney
Fordham Law Review
A central aim of online abuse is to silence victims. That effort is as regrettable as it is successful. In the face of cyberharassment and sexualprivacy invasions, women and marginalized groups retreat from online engagement. These documented chilling effects, however, are not inevitable. Beyond its deterrent function, the law has an equally important expressive role. In this Article, we highlight law’s capacity to shape social norms and behavior through education. We focus on a neglected dimension of law’s expressive role: its capacity to empower victims to express their truths and engage with others. Our argument is theoretical and empirical. We …
Toxic Misogyny And The Limits Of Counterspeech, Lynne Tirrell
Toxic Misogyny And The Limits Of Counterspeech, Lynne Tirrell
Fordham Law Review
Gender equality, across all the ways that we humans are engendered, is an unrealized ideal of many contemporary Americans. It is not enshrined in the U.S. Constitution, unless one interprets “men” to include women, which the Framers did not. Although passed by Congress in 1972, the Equal Rights Amendment (ERA) failed to gain the necessary thirty-eight state ratifications, and it has never become law. Thirty-five states initially ratified it between 1972 and 1977, then two more in 2017 and 2018. It remains one state short. These ratifications indicate significant social progress for women, but the progress is uneven, even within …
A2j Summit Collection Contributors, David Udell
A2j Summit Collection Contributors, David Udell
Fordham Law Review Online
A compilation of biographies for the authors and participants in this Collection.
All Rise For Civil Justice, Martha Bergmark
All Rise For Civil Justice, Martha Bergmark
Fordham Law Review Online
Equal justice under law is an American ideal. But every year, millions of people lose their cases in civil courts, not because they have done something wrong, but because they do not have the information or legal help they need to make their case. The United States civil justice system must be reformed so that it works for everyone, not just for the wealthy and the represented. For guidance, advocates of civil justice reform should look to the movement for criminal justice reform, which has successfully raised awareness and galvanized coalitions to effect policy change. I eagerly await the case …
A Few Interventions And Offerings From Five Movement Lawyers To The Access To Justice Movement, Jennifer Ching, Thomas B. Harvey, Meena Jagannath, Purvi Shah, Blake Strode
A Few Interventions And Offerings From Five Movement Lawyers To The Access To Justice Movement, Jennifer Ching, Thomas B. Harvey, Meena Jagannath, Purvi Shah, Blake Strode
Fordham Law Review Online
We are five lawyers who occupy very different corners of justice work. We are civil rights, human rights, and criminal defense lawyers, and we have worked at and managed legal services programs. We have taught law at law schools and universities and have built our own organizations. We currently work in interdisciplinary spaces with community organizers, funders, and other stakeholders in the justice system. As diverse as our perspectives are, we share a common belief that any mobilization around access to justice fails if it does not center the vision and strategies of larger social justice movements. We share here …
Building A Movement: The Lessons Of Fines And Fees, Lisa Foster
Building A Movement: The Lessons Of Fines And Fees, Lisa Foster
Fordham Law Review Online
I doubt we will ever experience something we (or others) would call an Access to Justice Movement in the United States. The goal is too amorphous, lacks immediacy, and doesn’t resonate: If people don’t perceive that many of their problems have a legal solution, why would they rally to support “100 percent access to effective assistance for essential civil legal needs”? The legal system is too big, too complicated, and too removed from people’s everyday experiences. And especially in low-income communities of color, distrust of the justice system runs deep. People don’t want access to a system they believe is …
Integrating The Access To Justice Movement, Lauren Sudeall
Integrating The Access To Justice Movement, Lauren Sudeall
Fordham Law Review Online
Last fall, advocates of social change came together at the A2J Summit at Fordham University School of Law and discussed how to galvanize a national access to justice movement—who would it include, and what would or should it attempt to achieve? One important preliminary question we tackled was how such a movement would define “justice,” and whether it would apply only to the civil justice system. Although the phrase “access to justice” is not exclusively civil in nature, more often than not it is taken to have that connotation. Lost in that interpretation is an opportunity to engage in a …
Don't Go It Alone, Ariel Simon, Sandra Ambrozy
Don't Go It Alone, Ariel Simon, Sandra Ambrozy
Fordham Law Review Online
Civil legal challenges cut across an astonishing range of headline-making social issues. And so, while it is possible to make a compelling case for “access to justice” without tying it to issues of inequality, mobility, race, and equity, that is no way to build or ally with a movement. Access to justice should not just be about “justice” in a narrow legalistic sense, but in the way that the broader world understands it and people feel it, driven by imperatives such as: expanding opportunities for underserved populations; creating legal systems that protect the most vulnerable; and building institutions and structures …
Access To Legal Help Is A Human Service, Jo-Ann Wallace
Access To Legal Help Is A Human Service, Jo-Ann Wallace
Fordham Law Review Online
We are in a pivotal, transformational moment for justice reform in the United States. One of the key strategies undergirding the transformation is a redefinition of interrelated systems that can work together to improve lives. This includes defining access to legal help as an integral part of human services systems.
A Perspective From The Judiciary On Access To Justice, Jonathan Lippman
A Perspective From The Judiciary On Access To Justice, Jonathan Lippman
Fordham Law Review Online
I decided early in 2009, upon becoming Chief Judge and the steward of the justice system in New York, to focus my energy on ensuring that everyone gets their day in court. Regardless of how a person looks or where he or she was born, and regardless of whether or not a person has resources or power, justice cannot be about the color of your skin or the amount of money in your pocket. Justice must mean that when people are fighting for the necessities of life, for the roof over their heads, they must get the legal assistance that …
Building The Access To Justice Movement, David Udell
Building The Access To Justice Movement, David Udell
Fordham Law Review Online
There are innumerable individual problems of access to civil justice. Civil justice, or its absence, will often determine whether people can keep their homes, their family relationships, their health and well-being, their actual safety, their jobs, and their opportunity for a fair resolution of so many more of the challenges that life presents. There are presently many important efforts that enable people to obtain justice, both through the direct provision of legal services and through the broader pursuit of systemic reforms, such as securing and expanding civil rights to counsel, expanding roles for non-lawyers to empower individuals and communities, making …
Fordham Lawyer, No. 16 - Spring 2019, Fordham Law Alumni Association, Fordham Law School
Fordham Lawyer, No. 16 - Spring 2019, Fordham Law Alumni Association, Fordham Law School
Fordham Lawyer
Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.
Daca, Government Lawyers, And The Public Interest, Stephen Lee, Sameer M. Ashar
Daca, Government Lawyers, And The Public Interest, Stephen Lee, Sameer M. Ashar
Fordham Law Review
On June 15, 2012, the Obama administration announced a significant change in immigration policy: Homeland Security Secretary Janet Napolitano began to instruct immigration officials to defer enforcement actions against those noncitizens who would likely be eligible for relief under the DREAM Act, should Congress choose to pass it. This program, which came to be known as Deferred Action for Childhood Arrivals (DACA), has become the most significant immigration-benefits program in a generation. Not since Congress passed a comprehensive reform bill in 1986, which included a pathway to citizenship, has an immigration program so quickly and positively changed the lives of …
Hidden Nondefense: Partisanship In State Attorneys General Amicus Briefs And The Need For Transparency, Lisa F. Grumet
Hidden Nondefense: Partisanship In State Attorneys General Amicus Briefs And The Need For Transparency, Lisa F. Grumet
Fordham Law Review
In all fifty states, the State Attorney General (SAG)—as the state’s chief legal officer—is charged with defending state laws that are challenged in court. If an SAG declines to defend or challenges a state law on the ground that it is unconstitutional—an action scholars describe as “nondefense”— the SAG ordinarily will disclose this decision to the public. This Essay discusses a hidden form of nondefense that can occur when SAGs file amicus curiae briefs on behalf of their states in matters before the U.S. Supreme Court. Surprisingly, some SAGs have joined multistate amicus briefs that support invalidating other states’ laws …
May Federal Prosecutors Take Direction From The President?, Bruce A. Green, Rebecca Roiphe
May Federal Prosecutors Take Direction From The President?, Bruce A. Green, Rebecca Roiphe
Fordham Law Review
Suppose the president sought to serve as prosecutor-in-chief, telling prosecutors when to initiate or dismiss criminal charges in individual cases and making other discretionary decisions that are normally reserved to trained professionals familiar with the facts, law, and traditions of the U.S. Department of Justice. To what extent may prosecutors follow the president’s direction? In recent presidential administrations, the president has respected prosecutorial independence; while making policy decisions, the president deferred to the Attorney General and subordinate federal prosecutors to conduct individual criminal cases. In a recent article, we argued that this is as it should be because the president …
Law And Nonlegal Norms In Government Lawyers' Ethics: Discretion Meets Legitimacy, W. Bradley Wendel
Law And Nonlegal Norms In Government Lawyers' Ethics: Discretion Meets Legitimacy, W. Bradley Wendel
Fordham Law Review
This Essay is about the role of unwritten norms in the ethical decisionmaking of government lawyers. Because the ethical obligations of lawyers, including government lawyers, are closely tied to the legal rights and obligations of clients, this analysis necessarily depends on understanding the relationship between written law and unwritten norms. As we all know, however, written law leaves gaps, ambiguities, and zones of unregulated discretion. Prosecutors in the United States, for example, have virtually unreviewable discretion to decide who to investigate and charge, what charges to bring, and whether to offer immunity in exchange for cooperation. No one has a …
Reevaluating School Searches Following School-To-Prison Pipeline Reforms, Josh Gupta-Kagan
Reevaluating School Searches Following School-To-Prison Pipeline Reforms, Josh Gupta-Kagan
Fordham Law Review
The U.S. Supreme Court held in New Jersey v. T.L.O. that school officials could search students without a warrant and with only reasonable suspicion, not probable cause, because of schools’ need for discipline and the relationship between educators and students. That case belongs to a body of Fourth Amendment cases involving, in T.L.O.’s terms, “special needs, beyond the normal need for law enforcement.” What Fourth Amendment standard, then, governs searches involving one of the roughly 20,000 school resource officers (SROs) in American schools? Most state courts to decide the issue in the 1990s and 2000s found that T.L.O. applied to …
Don't Bring A Cad File To A Gun Fight: A Technological Solution To The Legal And Practical Challenges Of Enforcing Itar On The Internet, Catherine Tremble
Don't Bring A Cad File To A Gun Fight: A Technological Solution To The Legal And Practical Challenges Of Enforcing Itar On The Internet, Catherine Tremble
Fordham Law Review Online
This Essay begins by outlining Cody Wilson’s motivation to found his organization, Defense Distributed, and the organization’s progress toward its goals. Then, Part II provides a brief overview of the protracted legal battle between Wilson and the State Department over the right to publish Computer-Aided Design (CAD) files on the internet that enable the 3D printing of guns and lower receivers. Part III.A takes a brief look at whether these CAD files are rightly considered speech at all and, if so, what level of protection they might receive. Part III.B then addresses the problem of even asking whether the files …