Digital Commons Network^™

The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies

Fordham Law Review

No abstract provided.

Expatriating Terrorists, Peter J. Spiro

Fordham Law Review

No abstract provided.

Giving Meaning To “Meaningful Enough”: Why Trevino Requires New Counsel On Appeal, Devon Lash

Fordham Law Review

    Generally, defendants cannot raise new claims in a writ of habeas corpus unless they can accomplish the difficult task of showing that they could not have raised the claims earlier. In 2012, the U.S. Supreme Court laid out an equitable exception that allows defendants to claim—for the first time in a writ of habeas corpus—that they had an ineffective trial attorney if their failure to make a timely claim was due to a second ineffective attorney or no attorney whatsoever. The exception, however, only applied to defendants in states that required ineffective assistance claims to be brought in collateral proceedings, …

Conceptualizing And Reconceptualizing The Reporter’S Privilege In The Age Of Wikileaks, Rachel Harris

Fordham Law Review

    The examination of the reporter’s privilege in light of WikiLeaks gives rise to several imperative questions. Could WikiLeaks claim a federal reporter’s privilege if the U.S. government were to ask it to disclose the sources of its documents? Does the current federal law on reporter’s privilege adequately address new media, such as WikiLeaks? And if not, how should the law evolve to sufficiently accommodate organizations like WikiLeaks?

    This Note seeks to answer these questions. First, this Note advocates that WikiLeaks would be able to claim the privilege under current federal law. Second, this Note concludes that the current law on …

Anonymity, The Production Of Goods, And Institutional Design, Jeffrey M. Skopek

Fordham Law Review

    In this Article, I demonstrate that anonymity has been misconceived as an aspect of privacy, and that understanding this mistake reveals a powerful and underutilized set of legal tools for facilitating and controlling the production of information and other social “goods” (ranging from uncorrupted votes and campaign donations to tissue samples and funding for biomedical research). There are three core components to this analysis. First, I offer a taxonomic analysis of existing law, revealing that in areas ranging from contract and copyright to criminal law and constitutional law, the production of information and other goods is being targeted by three …

Stein Center News - February 2014, Stein Center For Law And Ethics

Stein Center News

No abstract provided.

Revenge Porn And Freedom Of Expression: Legislative Pushback To An Online Weapon Of Emotional And Reputational Destruction, Clay Calvert

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Parole Board Preparation Training, Lisa Elovich, James Ferguson, Jennifer Arena, Joanne Nigro, Laurie Fisher, New York State Department Of Corrections And Community Supervision (Doccs), Board Of Parole

Additional Resources

No abstract provided.

Post Disaster Adr Responses: Promises And Challenges, Maria Volpe

Fordham Environmental Law Review

No abstract provided.

Escaping From The Standard Story: Why The Conventional Wisdom On Prison Growth Is Wrong, And Where We Can Go From Here, John F. Pfaff

Faculty Scholarship

Whether as a result of low crime rates, the financial pressures of the 2008 credit crunch, or other factors, policymakers on both sides of the aisle are trying to rein or even reduce the US incarceration rate after an unprecedented forty-year expansion. Unfortunately, reforms are hampered by the fact that we do not have a solid empirical understanding of what caused the explosion in the first place. In fact, the "Standard Story" of prison growth generally overemphasizes less important factors and overlooks more important ones. This essay thus does two things. First, it points out the flaws in five key …

Preparing Law Students To Become Litigators In The New Legal Landscape, Paul Radvany

Faculty Scholarship

The legal world has undergone rapid change over the past few years and law schools and law students are in the midst of adjusting to this new legal landscape. Employers increasingly want to hire students who are ready to practice. As a law student, I participated in an externship, simulation classes, and an in-house, live-client litigation clinic; as a professor, I have taught all three types of classes. 1 My experience, first as a law student, then as a litigator, and now as a professor, has taught me the importance and educational value of experiential learning in helping law students …

Faith And Martyrdom: The Tragedy Of Aaron Swartz, Austin C. Murnane

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Beyond Title Vii: Rethinking Race, Ex-Offender Status, And Employment Discrimination In The Information Age, Kimani Paul-Emile

Faculty Scholarship

More than sixty-five million people in the United States—more than one in four adults—have had some involvement with the criminal justice system that will appear on a criminal history report. A rapidly expanding, for-profit industry has developed to collect these records and compile them into electronic databases, offering employers an inexpensive and readily accessible means of screening prospective employees. Nine out of ten employers now inquire into the criminal history of job candidates, systematically denying individuals with a criminal record any opportunity to gain work experience or build their job qualifications. This is so despite the fact that many individuals …

Controlling The Arms Trade: One Important Stride For Humankind, Barry Kellman

Fordham International Law Journal

No abstract provided.

People's Grand Jury Panels And The State's Inquisitorial Institutions: Prosecution Review Commissions In Japan And People's Supervisors In China, Hiroshi Fukurai, Zhuoyu Wang

Fordham International Law Journal

No abstract provided.

Fiduciary Principles And The Jury, Ethan J. Leib, Michael Serota, David L. Ponet

Faculty Scholarship

This Essay argues that because jurors exercise state power with wide discretion over the legal and practical interests of other citizens, and because citizens repose trust and remain vulnerable to jury and juror decisions, juries and jurors share important similarities with traditional fiduciary actors such as doctors, lawyers, and corporate directors and boards. The paradigmatic fiduciary duties – those of loyalty and care – therefore provide useful benchmarks for evaluating and guiding jurors in their decision-making role. A sui generis public fiduciary duty of deliberative engagement also has applications in considering the obligations of jurors. This framework confirms much of …

The Creation Of The Department Of Justice: Professionalization Without Civil Rights Or Civil Service, Jed H. Shugerman

Faculty Scholarship

This Article offers a new interpretation of the founding of the Department of Justice in 1870 as an effort to shrink and professionalize the federal government. The traditional view is that Congress created the DOJ to increase the federal government’s capacity to litigate a growing docket as a result of the Civil War, and more recent scholarship contends that Congress created the DOJ to enforce Reconstruction and ex-slaves’ civil rights. However, it has been overlooked that the DOJ bill eliminated about one third of federal legal staff. The founding of the DOJ had less to do with Reconstruction, and more …

How Taiwan's Constitutional Court Reined In Police Power: Lessons For The People's Republic Of China, Margaret K. Lewis, Jerome A. Cohen

Fordham International Law Journal

No abstract provided.

Collective Criminality And Individual Responsibility: The Constraints Of Interpretation, Pamela J. Stephens

Fordham International Law Journal

No abstract provided.

What Is Philosophy Of Criminal Law?, Review Of The Oxford Handbook Of Philosophy Of Criminal Law By John Deigh & David Dolinko, Eds., Youngjae Lee

Faculty Scholarship

No abstract provided.

Sotomayer's Supreme Court Race Jurisprudebce: 'Fidelity To The Law', Tanya K. Hernandez

Faculty Scholarship

During the Senate confirmation hearings for Justice Sonia Sotomayor, concerns were persistently raised about her ability to be impartial. Conservative pundit Rush Limbaugh and many others railed against her nomination, proclaiming on talk radio broadcasts from coast-to-coast that she is a reverse-racist and nothing less than anti-white. A review of the Supreme Court record of race-related cases demonstrates Justice Sotomayor’s continued commitment to her stated judicial philosophy of fidelity to the law, inasmuch as she has not sought the unilateral imposition of her own personal racial policy preferences but has instead worked as a team player to scrupulously apply legal …

The Data Surveillance State In Europe And The United States, Joel R. Reidenberg

Faculty Scholarship

No abstract provided.

Lethal Injection Chaos Post-Baze, Deborah W. Denno

Faculty Scholarship

In 2008, with Baze v. Rees, the Supreme Court broke decades of silence regarding state execution methods to declare Kentucky’s lethal injection protocol constitutional, yet the opinion itself did not offer much guidance. In the six years after Baze, legal challenges to lethal injection soared as states scrambled to quell litigation by modifying their lethal injection protocols. My unprecedented study of over 300 cases citing Baze reveals that such modifications have occurred with alarming frequency. Moreover, even as states purportedly rely on the Baze opinion, they have changed their lethal injection protocols in inconsistent ways that bear little …

Stein Center News - December 2013, Stein Center For Law And Ethics

Stein Center News

No abstract provided.

Central Harlem Reentry Resource Guide: Steps To Community Reintegration, The Fortune Society, Community Board #10, Public Safety Committee

Reentry Resources

No abstract provided.

Chevron’S Flexible Agency Expertise Model: Applying The Chevron Doctrine To The Bia’S Interpretation Of The Ina’S Criminal Law–Based Aggravated Felony Provision, Michael Dorfman-Gonzalez

Fordham Law Review

    For nearly thirty years, courts have looked to the U.S. Supreme Court’s ruling in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. when reviewing a challenge to an agency’s interpretation of statutory language and determining whether deference is appropriate. Despite Chevron’s longstanding role as one of administrative law’s most important legal doctrines, no specification exists as to whether judicial deference is required when an agency interprets language outside the scope of its expertise. As a result, the Second and Third Circuits have split on the issue of whether the Bureau of Immigration Appeals’ (BIA) interpretation of the term …

When Is When?: 8 U.S.C. § 1226(C) And The Requirements Of Mandatory Detention, Gerard Savaresse

Fordham Law Review

    Over the past several decades, immigration law has come to resemble criminal law in a number of ways. Most significantly, the current statutory regime allows the U.S. Attorney General (AG) to detain noncitizens during their removal proceedings. Ordinarily, the AG may detain noncitizens subject to removal so long as the AG provides an individualized bond hearing to assess whether the noncitizen poses a flight risk or a danger to the community. Pursuant to 8 U.S.C. § 1226(c), however, the AG must detain and hold without bond any noncitizen who has committed qualifying offenses “when the alien is released” from criminal …

Stein Center News - September 2013, Stein Center For Law And Ethics

Stein Center News

No abstract provided.

Fordham Lawyer, No. 5 - Fall 2013, 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.

Stein Center For Law And Ethics Annual Report 2012 To 2013, Sherri Levine

Annual Reports

No abstract provided.