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Articles 1261 - 1290 of 4293
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Berkemer Revisited: Uncovering The Middle Ground Between Miranda And The New Terry, Michael J. Roth
Berkemer Revisited: Uncovering The Middle Ground Between Miranda And The New Terry, Michael J. Roth
Fordham Law Review
Over the past twenty-five years, appellate courts have significantly expanded the scope of police authority to stop and frisk potential suspects without probable cause, a power originally granted to law enforcement by the Supreme Court in Terry v. Ohio. This development has led Terry’s once limited licensing of police searches to run into conflict with a defendant’s right against compulsory self-incrimination while in police custody, as articulated by Miranda v. Arizona. This Note explores the contours of this unforeseen collision between two core constitutional doctrines and the solutions generated by appellate courts to resolve the conflict. Courts today are generally …
How The Decisions In Favor Of The Stein Thirteen Will Affect The Litigation Of Corporate Crime And Department Of Justice Policies And Expand The Sixth Amendment Right To Counsel, Christopher Mcnamara
How The Decisions In Favor Of The Stein Thirteen Will Affect The Litigation Of Corporate Crime And Department Of Justice Policies And Expand The Sixth Amendment Right To Counsel, Christopher Mcnamara
Fordham Law Review
The U.S. Court of Appeals for the Second Circuit became the first appellate court in nearly thirty years to uphold the dismissal of criminal indictments for a Sixth Amendment right-to-counsel vilation. United States v. Stein is a unique case that intertwines constitutional interpretation, constitutional remedies, white collar crime, and U.S. Department of Justice (DOJ) policy. The immediate effects of the Stein decisions not only reflect the changing attitudes at the DOJ on how to prosecute white collar crime but have simultaneously caused the Doj to implement such changes. As the Sixth Amendment has developed and augmented such changes, so has …
"The Right Of The People": The Nsa, The Fisa Amendments Act Of 2008, And Foreign Intelligence Surveillance Of Americans Overseas, Jonathan D. Forgang
"The Right Of The People": The Nsa, The Fisa Amendments Act Of 2008, And Foreign Intelligence Surveillance Of Americans Overseas, Jonathan D. Forgang
Fordham Law Review
In October 2008, two former National Security Agency communications analysts told reporters that the NSA used satellite technology to monitor the phone conversations of Americans living in the Middle East. This revelation highlighted an unresolved area of surveillance law—the privacy rights of U.S. citizens against their own government when they are outside the borders of the United States. Though the FISA Amendments Act of 2008 has created a procedure for the judicial review of this type of surveillance, this review is only a general oversight and judges on the Foreign Intelligence Surveillance Court are not required to individually review every …
Meet Two-Face: The Dualististic Rule 10b-5 And The Quandry Of Offsetting Losses By Gains, Samuel Francis
Meet Two-Face: The Dualististic Rule 10b-5 And The Quandry Of Offsetting Losses By Gains, Samuel Francis
Fordham Law Review
The challenge of calculating damages in securities litigation is often compounded by the phenomenon of investors that have accrued both gains and losses as a result of the defendant company’s same fraudulent misrepresentations. This Note traces the opposing damages approaches and accounting methods courts have adopted in these instances to the dual origins and objectives of the Rule 10b-5 private right of action. Underscoring the shortcomings in these damages calculations founded predominantly upon either deterrent or compensatory grounds, this Note instead strives for a measure that not only balances both imperative ends but also yields a more sensible and equitable …
Dean Mary Daly: A Tribute, William Michael Treanor
Dean Mary Daly: A Tribute, William Michael Treanor
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, Natural Legal Guardians Of Judicial Independence And Academic Freedom, Robin D. Barnes
Fordham Law Review
No abstract provided.
Of Clusters And Assumptions: Innovation As Part Of A Full Trips Implementation, Daniel Gervais
Of Clusters And Assumptions: Innovation As Part Of A Full Trips Implementation, Daniel Gervais
Fordham Law Review
No abstract provided.
What Owners Want And Government Do: Evidence From The Oregon Experiment, Bethany R. Berger
What Owners Want And Government Do: Evidence From The Oregon Experiment, Bethany R. Berger
Fordham Law Review
In 2004, Oregonians decisively approved Ballot Measure 37. The measure answered the calls of critics of contemporary takings jurisprudence by requiring either compensation for losses caused by land use restrictions imposed after acquisition of the property or waivers of the restrictions. Three years later, voters acted to repeal most of Measure 37 by an even greater margin. Together the birth, brief life, and rapid demise of Measure 37 comprise an unusual natural experiment in property law. The results of this experiment go to the heart of debates about regulatory takings in property law and policy. First, the Oregon experience resulted …
The Pull Of Patents, Brett M. Frischmann
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Juridification Of Social Demands And The Application Of Statutes: An Analysis Of The Legal Treatment Of Antiracism Social Demands In Brazil, Marta Rodriguez De Assis Machado, Flavia Portella Puschel, Jose Rodrigo Rodriguez
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Juridification Of Social Demands And The Application Of Statutes: An Analysis Of The Legal Treatment Of Antiracism Social Demands In Brazil, Marta Rodriguez De Assis Machado, Flavia Portella Puschel, Jose Rodrigo Rodriguez
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Lawyers In Fragile Democracies And The Challenges Of Democratic Consolidation: The Nigerian Experience, Okechukwu Oko
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Government Lawyers, Democracy, And The Rule Of Law, W. Bradley Wendel
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Government Lawyers, Democracy, And The Rule Of Law, W. Bradley Wendel
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, Equalizers And Translators: Lawyers' Ethics In A Constitutional Democracy, Martin Bohmer
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, The Challenge Of Democratic Lawyering, Ascanio Piomelli
The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, The Challenge Of Democratic Lawyering, Ascanio Piomelli
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, The Role Of The Lawyer In The American Democracy, Rakesh K. Anand
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Lawyering At The Extremes: The Representation Of Tom Mooney, 1916-1939, Rebecca Roiphe
Fordham Law Review
No abstract provided.
Ethical Visions Of Copyright Law, James Grimmelmann
Ethical Visions Of Copyright Law, James Grimmelmann
Fordham Law Review
No abstract provided.
Notes On A Geography Of Knowledge, Michael J. Madison
Notes On A Geography Of Knowledge, Michael J. Madison
Fordham Law Review
No abstract provided.
Keynote Address, Harmless Use: Gleaning From Fields Of Copyrighted Works, Wendy J. Gordon, Sonia Katyal
Keynote Address, Harmless Use: Gleaning From Fields Of Copyrighted Works, Wendy J. Gordon, Sonia Katyal
Fordham Law Review
No abstract provided.
Unbundling Fair Uses, Pamela Samuelson
Unbundling Fair Uses, Pamela Samuelson
Fordham Law Review
The copyright fair use caselaw is more coherent and more predictable than many commentators seem to believe. Fair use cases tend to fall into common patterns, or what this Article calls policy-relevant clusters. The policies underlying modern fair use law include promoting freedom of speech and of expression, the ongoing progress of authorship, learning, access to information, truth telling or truth seeking, competition, technological innovation, and the privacy and autonomy interests of users. If one analyzes putative fair uses in light of cases previously decided in the same policy cluster, it is generally possible to predict whether a use is …
The Pros And Cons Of Politically Reversible "Semisubstantive" Constitutional Rules, Dan T. Coenen
The Pros And Cons Of Politically Reversible "Semisubstantive" Constitutional Rules, Dan T. Coenen
Fordham Law Review
Most observers of constitutional adjudication believe that it works in an all-or-nothing way. On this view, the substance of challenged rules is of decisive importance, so that political decision makers may resuscitate invalidated laws only by way of constitutional amendment. This conception of constitutional law is incomplete. In fact, courts often use so-called “semisubstantive” doctrines that focus on the processes that nonjudicial officials have used in adopting constitutionally problematic rules. When a court strikes down a rule by using a motive-centered or legislative-findings doctrine, for example, political decision makers may revive that very rule without need for a constitutional amendment. …
The Right Remedy For The Wrongly Convicted: Judicial Sanction For Destruction Of Dna Evidence, Cynthia E. Jones
The Right Remedy For The Wrongly Convicted: Judicial Sanction For Destruction Of Dna Evidence, Cynthia E. Jones
Fordham Law Review
Many state innocence protection statutes give courts the power to impose appropriate sanctions when biological evidence needed for postconviction DNA testing is wrongly destroyed by the government. Constitutional claims based on wrongful evidence destruction are governed by the virtually insurmountable “bad faith” standard articulated in Arizona v. Youngblood. The wrongful destruction of DNA evidence in contravention of state innocence protection laws, however, should be governed by the standards used to adjudicate other “access to evidence” violations in criminal cases, including disclosures mandated by the rules of criminal procedure, the Jencks Act, and Brady v. Maryland. Under the “access to evidence” …
Adding Insult To Injury? The Untoward Impact Of Requiring More Than De Minimus Injury In An Eighth Amendment Excessive Force Case, Robyn D. Hoffman
Adding Insult To Injury? The Untoward Impact Of Requiring More Than De Minimus Injury In An Eighth Amendment Excessive Force Case, Robyn D. Hoffman
Fordham Law Review
This Note explores the conflict over whether a prisoner must suffer more than de minimis injury to sustain an Eighth Amendment excessive force claim. It examines this conflict against the backdrop of the various standards the U.S. Supreme Court adopted in its Eighth Amendment prison conditions jurisprudence between 1976 and 1992, principally focusing on the 1992 Hudson v. McMillian decision. Moreover, this Note considers the intersection of “the evolving standards of decency,” the “hands-off doctrine,” and the Eighth Amendment injury requirement. Ultimately, this Note advocates that excessive force—when meted out as punishment—violates the Eighth Amendment’s prohibition on cruel and unusual …
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 …
Disclosure, Deception, And Deep-Packet Inspection: The Role Of The Federal Trade Commission Act's Deceptive Conduct Prohibitions In The Net Neutrality Debate, Catherine J. K. Sandoval
Disclosure, Deception, And Deep-Packet Inspection: The Role Of The Federal Trade Commission Act's Deceptive Conduct Prohibitions In The Net Neutrality Debate, Catherine J. K. Sandoval
Fordham Law Review
This article examines a largely unexplored fronteir in the "Net Neutrality" debate: the Federal Trade Commisiion (FTC) Act's proscriptions against deceptive conduct as a legal limit on Internet Service Provider (ISP) discrimination against Internet traffic. ISP discrimination against certain types of Internet traffic has blossomed since 2005 when the Federal Communications COmmission (FCC), with the Supreme Court's blessings in NCTA v. Brand X and FCC, relieved ISP's from common carrier regulations that prohibited discrimination and reclassified ISPs as "information service providers." This Artcile argues taht the Internet's architecture and codes presumed common carriage, indicating that the Internet's design and industry …
Revisiting Against Settlement: Some Reflections On Dispute Resolution And Public Values, Amy J. Cohen
Revisiting Against Settlement: Some Reflections On Dispute Resolution And Public Values, Amy J. Cohen
Fordham Law Review
Critics of Owen Fiss’s famous 1984 Against Settlement widely assumed that he indicted alternative dispute resolution (ADR) as intrinsically incapable of promoting public values. This essay, however, suggests that Fiss offered a socially and historically contingent prediction about ADR’s potential to undermine popular commitments to redistributive justice during a period of intense economic liberalization in the United States. To support this rereading, the essay considers how Fiss envisioned the promotion of public values in a different space and time—specifically in international contexts at the turn of this century. Here, he endorsed decentralized, deliberative, and extrajudicial processes, even if he did …
Dean Mary Daly: A Eulogy, John D. Feerick
The Lawyer's Role In A Contemporary Democracy, Foreword, Bruce A. Green
The Lawyer's Role In A Contemporary Democracy, Foreword, Bruce A. Green
Fordham Law Review
No abstract provided.