Digital Commons Network^™

The Case For Federal Regulation Of Ai’S Environmental Impacts In An Era Of Deregulation, Sam Sinutko

Fordham Urban Law Journal

No abstract provided.

Expungement’S Deportation Paradox, Marie Mark, Talia Peleg

Fordham Urban Law Journal

No abstract provided.

Unequal Shelter: A Constitutional Challenge To The Adams Administration’S Differential Treatment Of Migrants Under New York’S Right To Shelter Laws, Alexandra Arleo

Fordham Urban Law Journal

No abstract provided.

Federalism And Fair Housing: State Innovation Amidst Federal Retrenchment, Paula A. Franzese

Fordham Urban Law Journal

No abstract provided.

From Border-Based To Status-Based Mandatory Immigration Detention, Mary Holper

Fordham Urban Law Journal

No abstract provided.

A Case For Rule 413 And Evidentiary Rule-Bending In Sexual Assault Cases, Emily Gwydir

Fordham Urban Law Journal

No abstract provided.

The Psychology Of Deception: Rethinking The Excited Utterance Exception For 911 Calls, Alexandra Spano

Fordham Urban Law Journal

No abstract provided.

Procedural Gamesmanship: How The Irs Avoids Merits Review In Cdp And Deficiency Litigation, Katelin Snyder Guregian

Fordham Urban Law Journal

No abstract provided.

How To Evaluate Non-Majority Control: What History And Statutes Tell Us—Part Ii: The Definitional Consensus, J. Travis Laster

Fordham Journal of Corporate & Financial Law

This Article and a companion piece explore the claim that the functional school was novel and anomalous. The companion article examines the approaches that courts have historically taken when evaluating non-majority control (the “Historical Article”). The Historical Article demonstrates that functionalism has been the dominant approach since at least 1912, while the formal school is a recent innovation. Its tenets emerged in 2006 and coalesced in a recognizable framework around 2014. The Historical Article identifies the core claims of the two schools. 

This Article examines statutory definitions of control. It focuses on statutory regimes that use the concept of control …

Reevaluating Consumer Debt Enforcement: Why We Don’T Need Courts To Enforce Consumer Debt Contracts, Adam Toobin

Fordham Journal of Corporate & Financial Law

Enforcing consumer debt contracts against low- and middle-income borrowers, rather than making consumer debt markets work better, is inefficient and exacerbates consumer protection concerns. While consumer debt litigation—and enforcement of consumer debt contracts through wage and bank account garnishment—may have once strengthened nascent consumer debt markets, consumer credit scoring now effectively structures consumers’ incentives to repay their debt obligations. Debt enforcement is not necessary to encourage consumers to repay their debts and tends to drive borrowers into bankruptcy. Debt enforcement also undermines efforts to provide consumer protection in these markets by raising the stakes of any debt contract—where any default …

Insider Trading In Crypto Assets—Back To First Principles?, Katja Langenbucher

Fordham Journal of Corporate & Financial Law

This Essay examines whether the traditional rationales for prohibiting insider trading, which were developed for securities markets that facilitate capital formation, translate meaningfully to the emerging regulatory landscape for crypto assets. It contrasts the U.S. duty-based regime, grounded in fraud and fiduciary or confidential relationships under Rule 10b-5, with the EU’s information-based approach under the Market Abuse Regulation, which links trading prohibitions to mandatory disclosure of inside information. The former has proven underinclusive—prompting prosecutors to rely on wire fraud in recent crypto cases such as Wahi and Chastain while the latter tends toward overinclusivity. 

Turning to the newly emerging regimes …

Directors’ Fiduciary Duties In The Likelihood Of Insolvency, Miguel Martínez Muñoz

Fordham Journal of Corporate & Financial Law

The purpose of this Essay is to analyze the Directive and its interaction with American law in order to establish some considerations in coordinating the provisions of insolvency and corporate law. This Essay focuses on the configuration of a new framework of directors’ liability in which, among other aspects, the identity of the parties subject to the duties is expressly defined, as well as the application of the rules regulating the protection of corporate discretion as well as the application of the rules regulating the business judgment rule. In turn, the Essay puts forward some proposals for a solution to …

Antitrust And Tech Giants: Learning From United States V. Google Llc, Marcus D’Agostino

Fordham Journal of Corporate & Financial Law

This Note addresses the evolution of antitrust regulation and enforcement in the United States, with a focus on the recent case of United States v. Google LLC. That case is used to frame the broader problem of insufficient remedies being implemented against large technology firms. The mild remedies granted to the government in Google reinforce the findings of the 2020 Congressional Report on Digital Competition. The Report recommended changes to the antitrust laws that would revive structural separation as a remedy. This Note argues that the body of evidence presented compels structural separation to be used more frequently as the …

Texas’S Attempt To Compete With Delaware, Robert A. Ragazzo

Fordham Journal of Corporate & Financial Law

Delaware derives substantial economic benefits from attracting incorporation business. Other states have sought to receive a share of these economic benefits. Texas is among them. Part I of this article will consider Texas’s attempt to copy Delaware’s enabling philosophy. It will conclude that, although the Texas courts have not always shared Delaware’s enabling view, the Texas legislature has historically done its best to place Texas on a par with Delaware in terms of its enabling philosophy of corporate governance. In recent times, the Texas legislature has actually outdone the Delaware legislature in creating a pro-managerial corporate environment. Part II of …

Export Controls As Intellectual Property Regulation, Doni Bloomfield

Faculty Scholarship

Export-control laws have long regulated information created outside of the U.S. government. Legal scholars have paid little attention to these national-security laws, and have not recognized that the government uses them specifically to assert a right to suppress information held in patent applications and trade secrets. In this Article, I present a new history of the relationship between export controls and intellectual property to show how the government regulates IP transfers, and how the state uses IP laws to national-security ends. Export-control laws regulate IP by controlling how people in the United States and beyond can share or use inventive …

The Dead Hand And Frozen Lives: Embryonic Personhood And The Disruption Of Property Interests, Emma Miloglav

Fordham Law Review

Advances in assisted reproductive technology and the expansion of fetal personhood laws are colliding with a body of property doctrine built on assumptions about reproduction that no longer hold. In LePage v. Center for Reproductive Medicine, P.C., the Supreme Court of Alabama held that extrauterine embryos—fertilized and frozen in a laboratory—are “children” under the state’s Wrongful Death of a Minor Act. LePage represents a dramatic extension of fetal personhood.

This shift carries profound consequences for trusts and estates. If frozen embryos are treated as legal persons, they may qualify as heirs under intestacy statutes and as beneficiaries of wills, …

Leveling The Playing Field: The Atlantic Coast Conference’S Settlement With Florida State University And Clemson University, Emma Lloyd Best, Kyre Dane Lahtinen

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article examines the legal disputes and subsequent settlement between the Atlantic Coast Conference and two of its prominent member institutions, Florida State University and Clemson University. The conflicts centered on the Atlantic Coast Conference’s extension of its media rights agreement with ESPN, which both universities argued were not properly approved under conference bylaws and imposed an unconscionable withdrawal penalty. Florida State University sought to challenge the enforceability of the Grant of Rights and its associated penalties, while Clemson University pursued a narrower interpretation, aiming to limit broadcast rights and financial obligations upon exit. The …

A Third Possibility: The Press Clause At The Founding, Matthew L. Schafer

Fordham Intellectual Property, Media and Entertainment Law Journal

With the rise of history and tradition at the Supreme Court, scholarship purporting to define historical fact is likely to have outsized influence on the development of constitutional law. Underdeveloped constitutional rights like the First Amendment’s Press Clause are especially susceptible to such influence as they lack a precedential counterweight. While Press Clause jurisprudence is shallow, historical research about the Press Clause is not. For decades, scholars who have considered the Press Clause’s historical meaning have generally concluded that the record is quite vague, and, for that reason, cautioned against absolutist conclusions as to its original understanding. …

Leveling The Playing Field: The Atlantic Coast Conference’S Settlement With Florida State University And Clemson University, Emma Lloyd Best, Kyre Dane Lahtinen

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article examines the legal disputes and subsequent settlement between the Atlantic Coast Conference and two of its prominent member institutions, Florida State University and Clemson University. The conflicts centered on the Atlantic Coast Conference’s extension of its media rights agreement with ESPN, which both universities argued were not properly approved under conference bylaws and imposed an unconscionable withdrawal penalty. Florida State University sought to challenge the enforceability of the Grant of Rights and its associated penalties, while Clemson University pursued a narrower interpretation, aiming to limit broadcast rights and financial obligations upon exit. The Article delves into the history …

A Third Possibility: The Press Clause At The Founding, Matthew L. Schafer

Fordham Intellectual Property, Media and Entertainment Law Journal

With the rise of history and tradition at the Supreme Court, scholarship purporting to define historical fact is likely to have outsized influence on the development of constitutional law. Underdeveloped constitutional rights like the First Amendment’s Press Clause are especially susceptible to such influence as they lack a precedential counterweight. While Press Clause jurisprudence is shallow, historical research about the Press Clause is not. For decades, scholars who have considered the Press Clause’s historical meaning have generally concluded that the record is quite vague, and, for that reason, cautioned against absolutist conclusions as to its original understanding. More recently, though, …

Deregulating The Song: The Case For Free- Market Licensing Of Musical Works In The Digital Streaming Era, Bailey Alberton

Fordham Intellectual Property, Media and Entertainment Law Journal

This Note takes as its starting point that songwriters are inadequately and unfairly compensated for the streaming of their music and argues that the unique and pervasive government regulation of musical composition licensing exacerbates this problem. To address this problem, this Note argues that both the compulsory mechanical license and the performing rights organizations consent decrees should undergo reform to permit songwriters to negotiate with music streaming services in the free market.

Music Is Medicine: Addressing Legal Challenges In An Emerging Clinical Practice, Basha Goldwater

Fordham Intellectual Property, Media and Entertainment Law Journal

Music is universally experienced, and most will recognize its profound personal impact; yet, music’s broader influence on society is yet to be fully explored. People may listen to music when they are sad, when they are seeking motivation, or as a way to relax. However, music extends beyond expression, entertainment, and an outlet for emotions. Research indicates that music can offer substantial benefits to patients in a plethora of medical situations.

Part I of this Note will explain the usefulness of music as medical care, its advantages, and the broad range of institutional support music-based medicine has garnered. Part II …

Corporations’ First Amendment Rights And Algorithmic Cocoons, Sol Murgui Orsucci

Fordham Journal of Corporate & Financial Law

This Note examines how corporate First Amendment doctrine applies to algorithmic systems that curate commercial information and public discourse across online platforms. Courts have increasingly treated ranking, recommendation, and moderation practices as exercises of protected editorial judgment. At the same time, the Court has justified protection for corporate speech in part by reference to listener-centered interests in access to information and competitive comparison. This Note argues that the interaction between these doctrinal strands and contemporary algorithmic intermediation reveals a structural tension. Data-driven optimization can generate individualized informational environments—what this Note terms “algorithmic cocoons”—in which users encounter content, offers, and prices …

Bankruptcy As Presidential Resistance, Alvin Velazquez

Fordham Urban Law Journal Online

No abstract provided.

Echoes Across Borders: Comparative Criminal Law And Justice In The Us Landscape, Alessandro Corda

Fordham International Law Journal

Despite its substantial promise to deepen understanding of domestic criminal laws and their operation, offer alternative approaches to policy challenges, and foster cross-cultural dialogue, comparative criminal law and justice remains only modestly visible in the United States—both in academic discourse and policymaking circles. After tracing the trajectory of comparative criminal law and justice in the United States and examining the primary factors contributing to its marginal status in legal scholarship and reform debates, this Article investigates the reasons for its limited prominence through an analysis of findings from a web-based survey of faculty specializing in criminal law, criminal procedure, and …

International Law Duties Not To Recognize, Not To Assist, And To Cooperate Against Peremptory Norm (Jus Cogens) Violations, Diane A. Desierto

Fordham International Law Journal

Peremptory norms (jus cogens) are the highest norms of international law. When these norms are violated, all States and international organizations have, at a minimum, three international legal duties to discharge while the violation is occurring: (1) the duty of non-recognition, where no State or international organization should recognize the situation caused by the violation; (2) the duty of non-assistance, where no State or international organization should render any aid or assistance to maintain this situation caused by the violation; and (3) the duty of cooperation, where all States and international organizations should cooperate to bring the violation to …

Constitutional Colonialism And Decolonization: Moving Toward A Decolonial African Constitutional Future, Luwam Dirar

Fordham International Law Journal

No abstract provided.

Women's Right To Freedom Of Movement In Islamic Law And Under Taliban-Ruled Afghanistan, Lutforahman Saeed

Fordham International Law Journal

No abstract provided.

Head-Of-State Immunity In U.S. Courts: When Law Trumps Facts, Chimene I. Keitner

Fordham International Law Journal

No abstract provided.

The Concept Of An Agreement In International Law, William Thomas Worster

Fordham International Law Journal

No abstract provided.