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Articles 1291 - 1320 of 4293
Full-Text Articles in Entire DC Network
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Lawyering Loyalties: Speech Rights And Duties Within Twenty-First-Century New Governance, Orly Lobel
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, The Corporate Lawyer's Role In A Contemporary Democracy, Colin Marks, Nancy B. Rapoport
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, The Corporate Lawyer's Role In A Contemporary Democracy, Colin Marks, Nancy B. Rapoport
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, Way To Represent: The Role Of Black Lawyers In Contemporary American Democracy, Carla D. Pratt
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, Rethinking The Public In Lawyers' Public Service: Pro Bono, Statgic Philanthropy, And The Bottom Line, Deborah L. Rhode
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890, Susan D. Carle
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Lawyer As Catalyst Of Social Change, James E. Moliterno
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Lawyer As Catalyst Of Social Change, James E. Moliterno
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, True Confessions About The Role Of Lawyers In A Democracy, Fred C. Zacharias
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, True Confessions About The Role Of Lawyers In A Democracy, Fred C. Zacharias
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Regulation Of Israeli Lawyers: From Professional Autonomy To Multi-Institutional Regulation, Neta Ziv
Fordham Law Review
No abstract provided.
The Coming Showdown Over University Endowments: Enlisting The Donors, Sarah E. Waldeck
The Coming Showdown Over University Endowments: Enlisting The Donors, Sarah E. Waldeck
Fordham Law Review
This Essay focuses on the discordance between universities with particularly large endowments and what is occurring in the rest of higher education, particularly with respect to skyrocketing tuition and a growing institutional wealth gap. The Essay considers absolute endowment values, the amount of endowment per student, and expense-endowment ratios at sixty private universities. It concludes that a small number of schools have an excess endowment, and then provides a convenient proxy for determining when an endowment is so large that it should receive less preferential tax treatment. The Essay then considers the effects that large endowments have at their home …
Presidential Popular Constitutionalism, Jedidiah Purdy
Presidential Popular Constitutionalism, Jedidiah Purdy
Fordham Law Review
This Article adds a new dimension to the most important and influential strand of recent constitutional theory: popular or democratic constitutionalism, the investigation into how the U.S. Constitution is interpreted (1) as a set of defining national commitments and practices, not necessarily anchored in the text of the document, and (2) by citizens and elected politicians outside the judiciary. Wide-ranging and ground-breaking scholarship in this area has neglected the role of the President as a popular constitutional interpreter, articulating and revising normative accounts of the nation that interact dynamically with citizens’ constitutional understandings. This Article sets out a “grammar” of …
Ending The Widow Penalty: Why Are Surviving Alien Spouses Of Deceased Citizens Being Deported?, Jayme A. Feldheim
Ending The Widow Penalty: Why Are Surviving Alien Spouses Of Deceased Citizens Being Deported?, Jayme A. Feldheim
Fordham Law Review
Although our nation generally permits aliens to apply to become lawful permanent residents of this country through their marriages to American citizens, U.S. Citizenship and Immigration Services (USCIS) automatically denies these applications when the citizen spouse dies within two years of the marriage. Termed the “widow penalty,” certain federal courts have rejected this policy as being both unreasonable and in opposition to the plain meaning of 8 U.S.C. § 1151, the statute which categorizes aliens as immediate relatives of U.S. citizens and thus grants them this opportunity. This conflict between the Agency and the judiciary, in turn, has caused a …
Structural Strength: Resolving A Circuit Split In Boyle V. United States With A Pragmatic Proof Requirement For Rico Associated-In-Fact Enterprises, Michael Morrissey
Structural Strength: Resolving A Circuit Split In Boyle V. United States With A Pragmatic Proof Requirement For Rico Associated-In-Fact Enterprises, Michael Morrissey
Fordham Law Review
This Note addresses the circuit split among the U.S. Courts of Appeals over whether proving an associated-in-fact RICO enterprise requires proof of some ascertainable structure distinct from the underlying pattern of racketeering. After discussing the history of RICO and RICO enterprises, this Note dissects the three-way circuit split and details the facts and positions of Boyle v. United States. Finally, this Note argues that the U.S. Supreme Court needs to resolve the split with the common-sense position that some ascertainable-structure proof requirement is needed—although the enterprise need not have a purpose distinct from the pattern of racketeering—to balance the potential …
Commercial Free And Open Source Software: Knowledge Production, Hybrid Appropriability, And Patents, Greg R. Vetter
Commercial Free And Open Source Software: Knowledge Production, Hybrid Appropriability, And Patents, Greg R. Vetter
Fordham Law Review
No abstract provided.
Transferring Innovation, Jay P. Kesan
Interface: The Push And Pull Of Patents, Peter Lee
Interface: The Push And Pull Of Patents, Peter Lee
Fordham Law Review
No abstract provided.
Marks Of Rectitude, Margaret Chon
Outsourcing Immigration Compliance, Eleanor Marie Lawrence Brown
Outsourcing Immigration Compliance, Eleanor Marie Lawrence Brown
Fordham Law Review
Immigration is a hot-button issue about which Americans have sent a clear message. They prefer not to admit more aliens until the government is able to screen credibly for entrants who will abide by the terms of admission and sanction those who do not. While immigration debates now focus almost entirely on undocumented workers, they have overshadowed another critical, yet poorly understood, challenge: designing institutions to screen properly for aliens who are visa-compliant and sanction noncompliant aliens. Because failed guest worker programs unquestionably increase the size of the undocumented population, this Article addresses the difficulty of institutional design by analyzing …
Defending Demaree: The Ex Post Facto Clause's Lack Of Control Over The Federal Sentencing Guidelines After Booker, Daniel M. Levy
Defending Demaree: The Ex Post Facto Clause's Lack Of Control Over The Federal Sentencing Guidelines After Booker, Daniel M. Levy
Fordham Law Review
In 2005, the U.S. Supreme Court held that the Federal Sentencing Guidelines violated a defendant’s Sixth Amendment right to a jury trial because they allowed a judge to depart from a mandatory range based on facts not presented to a jury. As a solution, the Court modified the Guidelines to be “advisory,” yet curiously held that sentences were still subject to appellate review for reasonableness. Given this tension, U.S. courts of appeals are split on whether the Guidelines are “laws,” subject to the Ex Post Facto Clause of the U.S. Constitution. This Note argues that the Guidelines are advisory, given …
Reconciling Classified Evidence And A Petitioner's Right To A "Meaningful Review" At Guantanamo Bay: A Legislative Solution, Sarah Lorr
Fordham Law Review
In Boumediene v. Bush, the U.S. Supreme Court determined that the detainees held at Guantánamo Bay have a constitutional right to a writ of habeas corpus and are entitled to a “meaningful review” of their habeas petitions. This Note attempts to reconcile the need for a “meaningful review” with the government’s reliance on classified evidence that is completely inaccessible to the detainee-petitioners. After examining three other contexts in which the reliance on classified evidence has been sanctioned—federal criminal courts, immigration cases, and the ongoing military commissions at Guantánamo—this Note concludes that a “meaningful review” of the Guantánamo habeas petitions requires …
Interpreting The 1997 Amendment To The Idea: Did Congress Intend To Limit The Remedy Of Private School Tuition Reimbursement For Disabled Children?, Emily S. Rosenblum
Interpreting The 1997 Amendment To The Idea: Did Congress Intend To Limit The Remedy Of Private School Tuition Reimbursement For Disabled Children?, Emily S. Rosenblum
Fordham Law Review
The Individuals with Disabilities Education Act (IDEA) requires school districts to fund private school placements for disabled children who cannot be educated appropriately in public school. This Note explores the conflict over whether private school tuition reimbursement should be available under the IDEA to parents who place their disabled children in private school without previously receiving special education from a public agency. The conflict hinges on whether a 1997 amendment to the IDEA foreclosed the equitable considerations previously utilized by the courts to determine whether tuition reimbursement was appropriate and limited the remedy to cases where the child previously received …
Combat Veterans, Mental Health Issues, And The Death Penalty: Addressing The Impact Of Post-Traumatic Stress Disorder And Traumatic Brain Injury, Anthony E. Giardino
Combat Veterans, Mental Health Issues, And The Death Penalty: Addressing The Impact Of Post-Traumatic Stress Disorder And Traumatic Brain Injury, Anthony E. Giardino
Fordham Law Review
More than 1.5 million Americans have participated in combat operations in Iraq and Afghanistan over the past seven years. Some of these veterans have subsequently committed capital crimes and found themselves in our nation’s criminal justice system. This Essay argues that combat veterans suffering from post-traumatic stress disorder or traumatic brain injury at the time of their offenses should not be subject to the death penalty. Offering mitigating evidence regarding military training, post-traumatic stress disorder, and traumatic brain injury presents one means that combat veterans may use to argue for their lives during the sentencing phase of their trials. Alternatively, …
Beyond Lawrence V. Texas: Crafting A Fundamental Right To Sexual Privacy, Kristin Fasullo
Beyond Lawrence V. Texas: Crafting A Fundamental Right To Sexual Privacy, Kristin Fasullo
Fordham Law Review
After the watershed 2003 U.S. Supreme Court decision Lawrence v. Texas, courts are faced with the daunting task of navigating the bounds of sexual privacy in light of Lawrence’s sweeping language and unconventional structure. This Note focuses on the specific issue of state governments regulating sexual device distribution. Evaluating the substantive due process rights of sexual device retailers and users, this Note ultimately argues that the privacy interest identified in Lawrence is sufficiently broad to protect intimate decisions to engage in adult consensual sexual behavior, including the liberty to sell, purchase, and use a sexual device.
Ferreting Out Favoritism: Bringing Pretext Claims After Kelo, Daniel S. Hafetz
Ferreting Out Favoritism: Bringing Pretext Claims After Kelo, Daniel S. Hafetz
Fordham Law Review
In 2005, the U.S. Supreme Court ruled in Kelo v. City of New London that governments may take one’s private property and give it to another for the purpose of promoting economic development. The Court held that, in evaluating Fifth Amendment challenges to such takings, courts should defer to legislative judgments as to what constitutes a valid public purpose. Critics argue that this decision opened the floodgates to pretextual abuse. Specifically, they contend that local governments that exercise the eminent domain power are often motivated by a desire to favor another private party. After Kelo, courts have struggled to reconcile …
Untying Our Hands: The Case For Uniform Personal Jurisdiction Over "Libel Tourists", Todd W. Moore
Untying Our Hands: The Case For Uniform Personal Jurisdiction Over "Libel Tourists", Todd W. Moore
Fordham Law Review
This Note analyzes the growing trend of “Libel Tourism,” wherein a plaintiff files a defamation lawsuit in a foreign forum primarily to avail himself of its plaintiff-friendly libel laws. Many critics of the practice argue that (1) such claims can effectively circumvent the First Amendment to the U.S. Constitution, and (2) U.S. courts should be able to adjudicate the enforceability of such foreign judgments in the United States. In light of recent legislative developments, this Note focuses with particularity on whether, and in what instances, U.S. courts may assert personal jurisdiction over libel tourists for the purpose of issuing such …
Hedges Or Thickets: Protecting Investors From Hedge Fund Managers' Conflicts Of Interest, Ryan Sklar
Hedges Or Thickets: Protecting Investors From Hedge Fund Managers' Conflicts Of Interest, Ryan Sklar
Fordham Law Review
This Note examines the conflicts of interest that hedge fund managers face and the negative effects that these conflicts can have on hedge fund investors. Taking a bifurcated approach, this Note analyzes the regulation of hedge funds at both the federal and state level, focusing specifically on the regulation of conflict transactions. With an emphasis on the retailization of the hedge fund industry, this Note demonstrates the inadequacy of the safeguards from such conflicts of interest that the law currently affords investors. Given the public interest in protecting the growing number of “ordinary” investors who indirectly invest in hedge funds, …
Third-Party Consent Searches After Randolph: The Circuit Split Over Police Removal Of An Objecting Tenant, Matthew W. J. Webb
Third-Party Consent Searches After Randolph: The Circuit Split Over Police Removal Of An Objecting Tenant, Matthew W. J. Webb
Fordham Law Review
In Georgia v. Randolph, the U.S. Supreme Court held that, where two occupants of a home disagree over whether to grant police permission to search, the “physically present co-occupant’s stated refusal to permit entry prevails.” Courts are now split, however, over whether police may nevertheless conduct a warrantless search with the consent of one resident after a co-occupant who expressly denies consent is arrested and removed by the police. This Note examines the rationales of those U.S. courts of appeals that have confronted these circumstances and ultimately concludes that the Supreme Court’s complicated—and sometimes contradictory—Fourth Amendment jurisprudence does not offer …
The Philip F. Reed Lecture Series, Panel Discussion, Sanctions In Electronic Discovery Cases: Views From The Judges, Hon. John M. Facciola, Hon. Elizabeth D. Laporte, Hon. Loretta A. Preska, Hon. Shira A. Scheindlin
The Philip F. Reed Lecture Series, Panel Discussion, Sanctions In Electronic Discovery Cases: Views From The Judges, Hon. John M. Facciola, Hon. Elizabeth D. Laporte, Hon. Loretta A. Preska, Hon. Shira A. Scheindlin
Fordham Law Review
No abstract provided.
Best Evidence And The Wayback Machine: Toward A Workable Authentication Standard For Archived Internet Evidence, Deborah R. Eltgroth
Best Evidence And The Wayback Machine: Toward A Workable Authentication Standard For Archived Internet Evidence, Deborah R. Eltgroth
Fordham Law Review
This Note addresses the use of archived Internet content obtained via the Wayback Machine, a service provided by the Internet Archive that accesses the largest online digital collection of archived Web pages in the world. Given the dynamic nature of the World Wide Web, Internet content is constantly changed, amended, and removed. As a result, interim versions of Web pages have limited life spans. The Internet Archive indexes and stores Web pages to allow researchers to access discarded or since-altered versions. In the legal profession, archived Web pages have become an increasingly helpful form of proof. Intellectual property enforcers have …
Protections For Electronic Communications: The Stored Communications Act And The Fourth Amendment, Alexander Scolnik
Protections For Electronic Communications: The Stored Communications Act And The Fourth Amendment, Alexander Scolnik
Fordham Law Review
As e-mail and other forms of electronic communications began becoming widely used, Congress recognized the need to protect these new forms of communication from impermissible intrusion. Unsure whether the flexible approach to determining the extent of Fourth Amendment protections as announced in Katz v. United States would extend to electronic communications, Congress enacted the Electronic Communications Privacy Act (ECPA) to ensure a baseline level of protection. This Note argues that the Fourth Amendment does extend to electronic communications and, therefore, the provisions of the ECPA that allow the government to access certain electronic communications without a search warrant are unconstitutional.
A Close Look At Adea Mixed-Motives Claims And Gross V. Fbl Financial Services, Inc., Leigh A. Van Ostrand
A Close Look At Adea Mixed-Motives Claims And Gross V. Fbl Financial Services, Inc., Leigh A. Van Ostrand
Fordham Law Review
In Gross v. FBL Financial Services, Inc., the U.S. Supreme Court held that a plaintiff bringing a claim for disparate treatment under the Age Discrimination in Employment Act (ADEA) could not shift the burden of persuasion to the defendant, even after the plaintiff had established that age was a motivating factor in the defendant’s adverse employment decision. Prior to Gross, ADEA plaintiffs had two available frameworks to prove claims for intentional age discrimination: the three-prong McDonnell Douglas Corp. v. Green framework that creates an inference of discrimination using a prima facie case, and the burden-shifting, “mixed-motives” analysis laid out in …