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Articles 1111 - 1140 of 4293
Full-Text Articles in Entire DC Network
Section 2 Enforcement And The Great Recession: Why Less (Enforcement) Might Mean More (Gdp), Alan J. Meese
Section 2 Enforcement And The Great Recession: Why Less (Enforcement) Might Mean More (Gdp), Alan J. Meese
Fordham Law Review
No abstract provided.
The Idea Of "Too Much Law", Mila Sohoni
Standing Of Intervenor-Defendants In Public Law Litigation, Matthew I. Hall
Standing Of Intervenor-Defendants In Public Law Litigation, Matthew I. Hall
Fordham Law Review
No abstract provided.
The Deciders: The Future Of Privacy And Free Speech In The Age Of Facebook And Google, Jeffrey Rosen
The Deciders: The Future Of Privacy And Free Speech In The Age Of Facebook And Google, Jeffrey Rosen
Fordham Law Review
No abstract provided.
Symposium Defense Of Marriage Act: Law, Policy, And The Future Of Marriage: Forword, Joseph Landau
Symposium Defense Of Marriage Act: Law, Policy, And The Future Of Marriage: Forword, Joseph Landau
Fordham Law Review
On March 30, 2012, the Fordham Law Review held a daylong conference on the federal Defense of Marriage Act (DOMA), a statute enacted in 1996 with large majorities in both the House and Senate and signed into law by President Clinton. The Symposium could not have come at a better time: there have been extraordinary changes in the political dynamics surrounding relationship rights since DOMA’s enactment in 1996, when same–sex couples could not marry in any U.S. or foreign jurisdiction. Currently, same–sex couples can legally marry in six U.S. states and the District of Columbia. Nine additional states have broad …
Ensuring The Stability Of Presidential Succession In The Modern Era, Fordham University School Of Law's Clinic On Presidential Succession
Ensuring The Stability Of Presidential Succession In The Modern Era, Fordham University School Of Law's Clinic On Presidential Succession
Fordham Law Review
This Report outlines the recommendations of Fordham Law's first Presidential Succession Clinic, whose nine students conducted their work during the 2010-2011 academic year under the guidance of Dean John D. Feerick and Adjunct Professors Dora Galacatos and Nicole A. Gordon. Their recommendations for resolving the gaps and weaknesses in the presidential succession system include: (1) statutes and executive branch actions to account for the absence of procedures for declaring the Vice President unable; (2) removing legislators from the line of succession and resolving ambiguities regarding the line of the succession; and (3) reforms for addressing the death or resignation of …
Integrating Equal Marriage, Robin A. Lenhardt
Integrating Equal Marriage, Robin A. Lenhardt
Fordham Law Review
No abstract provided.
Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel S. Terry, Steve Mark, Tahlia Gordon
Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel S. Terry, Steve Mark, Tahlia Gordon
Fordham Law Review
No abstract provided.
Adopting Regulatory Objectives For The Legal Profession, Laurel S. Terry, Steve Mark, Tahlia Gordon
Adopting Regulatory Objectives For The Legal Profession, Laurel S. Terry, Steve Mark, Tahlia Gordon
Fordham Law Review
No abstract provided.
Swapped Disincentives: Will Clearinghouses Mitigate The Unintended Effects Of The Bankruptcy Code's Swap Exemptions?, Timothy P.W. Sullivan
Swapped Disincentives: Will Clearinghouses Mitigate The Unintended Effects Of The Bankruptcy Code's Swap Exemptions?, Timothy P.W. Sullivan
Fordham Law Review
The Bankruptcy Code contains exemptions for swap agreements that allow creditors to seize collateral, to terminate their contract, and to net obligations once the debtor files for bankruptcy. By privileging this class of creditors, these provisions reduce incentives to monitor counterparty risk, and thus magnified losses experienced during the recent financial crisis. Congress overlooked this role of the Bankruptcy Code in destabilizing the financial system. Instead, its response was to require that all swaps be traded through a clearinghouse. This failure to address one of the contributing factors to the swap market’s collapse should be worrisome, as a clearinghouse’s traditional …
The Age Of Forgotten Innocence: The Dangers Of Applying Analog Restrictions To Innocent Infringement In The Digital Era, Brian Sheridan
The Age Of Forgotten Innocence: The Dangers Of Applying Analog Restrictions To Innocent Infringement In The Digital Era, Brian Sheridan
Fordham Law Review
Recently, two popular topics of discussion within intellectual property law have been the statutory damage regime and the legality of peer-to-peer (P2P) downloading. This Note examines a rarely discussed interplay between these two concepts: the innocent infringement defense. Innocent infringement allows a court to dramatically reduce the minimum statutory damage award for an act of copyright infringement from $750 to $200 per act. Both the Fifth and Seventh Circuits have found that § 402(d) of the Copyright Act eliminates innocent infringement as a matter of law in a P2P download setting.This Note examines those circuits’ reasoning as well as the …
Sisyphus Meets Icarus: The Jurisdictional And Comity Limits Of Post-Satisfaction Anti-Foreign-Suit Injunctions, Anthony C. Piccirillo
Sisyphus Meets Icarus: The Jurisdictional And Comity Limits Of Post-Satisfaction Anti-Foreign-Suit Injunctions, Anthony C. Piccirillo
Fordham Law Review
No abstract provided.
Defending Your Client's Property Rights In Space: A Practical Guide For The Lunar Litigator, Blake Gilson
Defending Your Client's Property Rights In Space: A Practical Guide For The Lunar Litigator, Blake Gilson
Fordham Law Review
No abstract provided.
Party Foul: The Fourth Circuit's Improper Application Of The Commercial Speech Test Ineducational Media Co. At Virginia Tech, Inc. V. Swecker, Michelle Silva Fernandes
Party Foul: The Fourth Circuit's Improper Application Of The Commercial Speech Test Ineducational Media Co. At Virginia Tech, Inc. V. Swecker, Michelle Silva Fernandes
Fordham Law Review
The pervasive culture of underage and excessive drinking on college campuses has led to numerous federal and state regulatory efforts to reduce drinking rates among college students. One such policy has been to restrict alcohol advertisements in college student publications, which implicates the First Amendment by limiting access to lawful commercial speech. Although the Supreme Court has developed a four-part balancing test to determine the validity of commercial speech restrictions, the Court has not articulated the level of proof required for assessing the validity of restrictions on alcohol advertisements in college student publications. This Note focuses on the degree of …
Dead Again: The Latest Demise Of The Confrontation Clause, Michael D. Cicchini
Dead Again: The Latest Demise Of The Confrontation Clause, Michael D. Cicchini
Fordham Law Review
In Crawford v. Washington, the Supreme Court abandoned its Roberts “reliability” approach to the right of confrontation. The Court conceded that the Roberts decision had killed the Confrontation Clause by: (1) impermissibly tying the right of confrontation to the rule against hearsay; (2) inappropriately allowing pretrial determinations of reliability to replace actual cross-examination at trial; (3) relying too heavily on malleable, multi-factor balancing tests; and (4) completely failing to constrain judicial discretion. Since Crawford, however, the Court has decided Davis v. Washington and Michigan v. Bryant. Unfortunately, in the course of deciding those cases the Court has once again killed …
Using Tort Law To Understand The Causation Prong Of Standing, Luke Meier
Using Tort Law To Understand The Causation Prong Of Standing, Luke Meier
Fordham Law Review
Under current Supreme Court case law, a plaintiff does not have Article III standing to sue in federal court unless that plaintiff can demonstrate “causation.” The term “causation” is ubiquitous within the law. Because of the frequency with which the term appears in various legal contexts, however, the conceptual analysis associated with that term can vary. Unfortunately, the Supreme Court has never clearly established the conceptual analysis necessary for making the causation determination within standing law. Consequently, there is confusion on this question. This Article addresses that confusion by relying on causation terms and concepts fully developed within tort law. …
Slicing Through The Great Legal Gordian Knot: Ways To Assist Pro Se Litigants In Their Quest For Justice, Shon R. Hopwood
Slicing Through The Great Legal Gordian Knot: Ways To Assist Pro Se Litigants In Their Quest For Justice, Shon R. Hopwood
Fordham Law Review
No abstract provided.
Foreword: Root Causes Of The Pro Se Prisoner Litigation Crisis, Michael W. Martin
Foreword: Root Causes Of The Pro Se Prisoner Litigation Crisis, Michael W. Martin
Fordham Law Review
No abstract provided.
Origins Of The Social Function Of Property In Chile, M.C. Mirow
Origins Of The Social Function Of Property In Chile, M.C. Mirow
Fordham Law Review
No abstract provided.
The Social Function Of Property In Brazilian Law, Alexandre Dos Santos Cunha
The Social Function Of Property In Brazilian Law, Alexandre Dos Santos Cunha
Fordham Law Review
No abstract provided.
Liberalism And Property In Colombia: Property As A Right And Property As A Social Function, Daniel Bonilla
Liberalism And Property In Colombia: Property As A Right And Property As A Social Function, Daniel Bonilla
Fordham Law Review
No abstract provided.
The Social Function Of Property And The Human Capacity To Flourish, Colin Crawford
The Social Function Of Property And The Human Capacity To Flourish, Colin Crawford
Fordham Law Review
No abstract provided.
Property's Memories, Eduardo M. Peñalver
Sketches For A Hamiltonian Vernacular As A Social Function Of Property, Nestor M. Davidson
Sketches For A Hamiltonian Vernacular As A Social Function Of Property, Nestor M. Davidson
Fordham Law Review
No abstract provided.
Pluralism And Property, Gregory S. Alexander
Introduction, Sheila R. Foster, Daniel Bonilla
Introduction, Sheila R. Foster, Daniel Bonilla
Fordham Law Review
No abstract provided.
Seeking A Clearer Picture: Assessing The Appropriate Regulatory Framework For Broadband Video Distribution , Adam B. Vanwagner
Seeking A Clearer Picture: Assessing The Appropriate Regulatory Framework For Broadband Video Distribution , Adam B. Vanwagner
Fordham Law Review
This Note examines the appropriate regulatory framework for the distribution of commercial video content over broadband networks. As online video providers such as Netflix and Hulu expand, they are beginning to compete directly with the video services of major cable and telecommunications companies. Frequently, these companies also serve as a customer’s Internet service provider, leaving them in the position of carrying these competitive services over their broadband networks. This conflict has led to calls for regulation that would protect nascent online video services from feared anticompetitive actions by the major providers. In April 2010, against the backdrop of this expanding …
"Moral Monsters" Under The Bed: Holding Corporations Accountable For Violations Of The Alien Tort Statute After Kiobel V. Royal Dutch Petroleum Co., Mara Theophila
Fordham Law Review
The Alien Tort Statute (ATS) provides foreign plaintiffs with the sole means of obtaining jurisdiction in U.S. courts for alleged human rights abuses. These plaintiffs increasingly seek to hold corporations accountable for complicity in some of the most notorious violations of international law occurring overseas. Prior to 2010, U.S. courts routinely entertained ATS claims against corporations without question. Yet, the U.S. Court of Appeals for the Second Circuit in Kiobel v. Royal Dutch Petroleum Co. recently held that the ATS does not provide foreign plaintiffs redress against corporate entities. The Second Circuit relied solely on international law in making this …
Computers As Castles: Preventing The Plain View Doctrine From Becoming A Vehicle For Overbroad Digital Searches , James Saylor
Computers As Castles: Preventing The Plain View Doctrine From Becoming A Vehicle For Overbroad Digital Searches , James Saylor
Fordham Law Review
The plain view doctrine is based on the practical logic that an officer need not turn a blind eye to evidence that is immediately apparent as incriminating when he is lawfully present, where the object can be seen, and where he has a legal right to access that object. However, in the context of digital searches, this basic logic is stretched to a point that directly conflicts with the original purposes of the Fourth Amendment. The immense amount of data present on computers makes these searches much more intrusive. Officers employ search methods and techniques to access files that involve …
Giving Arbitration Some Credit: The Enforceability Of Arbitration Clauses Under The Credit Repair Organizations Act , Genevieve Hanft
Giving Arbitration Some Credit: The Enforceability Of Arbitration Clauses Under The Credit Repair Organizations Act , Genevieve Hanft
Fordham Law Review
In today’s economy, the effects of a bad credit report are devastating to consumers. Individuals with poor credit history are often crippled in their ability to purchase even the smallest item, and consequently turn for help to credit repair organizations advertising services that cure bad credit. Frequently, however, these organizations merely accept high fees from customers already in dire financial straits, without improving their financial standing. To combat these predatory practices, Congress passed the Credit Repair Organizations Act (CROA), which imposes several requirements on credit repair organizations. One such provision mandates that credit repair organizations give a form to each …