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Articles 21121 - 21150 of 22487
Full-Text Articles in Entire DC Network
Scolded: Can An Attorney Appeal A District Court's Order Finding Professional Misconduct?, Carla R. Pasquale
Scolded: Can An Attorney Appeal A District Court's Order Finding Professional Misconduct?, Carla R. Pasquale
Fordham Law Review
This Note addresses the split among the United States courts of appeals over whether an attorney can appeal a district court’s finding that he or she has acted unprofessionally, even when there is no monetary sanction imposed. After discussing the U.S. Constitution’s Article III “case or controversy” requirement and a district court’s power to sanction attorneys, this Note dissects the circuit split. It argues that attorneys should have standing to appeal a court’s finding of unprofessional conduct because this type of sanction can cause irreparable harm to an attorney’s professional reputation and thus to the attorney’s business.
Reconciling Morse With Brandenburg, Steven Penaro
Reconciling Morse With Brandenburg, Steven Penaro
Fordham Law Review
This Note examines Morse v. Frederick in connection with the Brandenburg v. Ohio test governing speech that advocates unlawful acts. In Morse, the U.S. Supreme Court devised a new test that gives school officials the power to restrict student speech promoting the use of illegal drugs. However, in Brandenburg, the Supreme Court held that speech must be struck down if the speaker intends to incite imminent lawless action and that speech is likely to produce such action. This Note argues that a relaxed application of the Brandenburg standard would be useful in prohibiting student drug speech within a school setting.
Revisiting The Legal Standards That Govern Requests To Sterilize Profoundly Incompetent Children: In Light Of The "Ashley Treatment," Is A New Standard Appropriate?, Christine Ryan
Fordham Law Review
This Note discusses the recent controversy surrounding a six-year-old girl named Ashley, whose parents chose to purposefully stunt her growth and remove her reproductive organs for nonmedical reasons. A federal investigation determined that Ashley’s rights had been violated because doctors performed the procedure, now referred to as the “Ashley Treatment,” without first obtaining a court order. However, the investigation did not make any conclusions regarding whether the “Ashley Treatment” could present a legally permissible treatment option in the future. After discussing the constitutional rights that the “Ashley Treatment” implicates and the current legal standards in place, this Note examines how …
Can The Trustee Recover? Imputation Of Fraud To Bankruptcy Trustees In Suits Against Third-Party Service Providers, Samuel C. Wasserman
Can The Trustee Recover? Imputation Of Fraud To Bankruptcy Trustees In Suits Against Third-Party Service Providers, Samuel C. Wasserman
Fordham Law Review
Corporate fraud has become a familiar headline over the last decade and has forced several companies whose managers have committed that fraud to file for bankruptcy. In these cases, a trustee will often be appointed to represent and manage the bankruptcy estate. This trustee is vested with the rights of the debtor corporation upon filing and may try to sue third-party service providers (e.g., accounting firms, law firms, investment banks) for conspiring in, or negligently failing to detect, the fraud. Federal and state courts have disagreed over whether the bankruptcy trustee should be permitted to recover damages from these third …
International Law And The Constitution: Terms Of Engagement, Foreword, Catherine Powell
International Law And The Constitution: Terms Of Engagement, Foreword, Catherine Powell
Fordham Law Review
No abstract provided.
Upstairs, Downstairs: Subnational Incorporation Of International Human Rights Law At The End Of An Era, Martha F. Davis
Upstairs, Downstairs: Subnational Incorporation Of International Human Rights Law At The End Of An Era, Martha F. Davis
Fordham Law Review
No abstract provided.
American Ideals & Human Rights: Findings From New Public Opinion Research By The Opportunity Agenda, Alan Jenkins, Kevin Shawn Hsu
American Ideals & Human Rights: Findings From New Public Opinion Research By The Opportunity Agenda, Alan Jenkins, Kevin Shawn Hsu
Fordham Law Review
No abstract provided.
"Federalizing" Immigration Law: International Law As A Limitation On Congress's Power To Legislate In The Field Of Immigration, Shayana Kadidal
"Federalizing" Immigration Law: International Law As A Limitation On Congress's Power To Legislate In The Field Of Immigration, Shayana Kadidal
Fordham Law Review
No abstract provided.
The Role Of International Bodies In Influencing U.S. Policy To End Violence Against Women, Lenora M. Lapidus
The Role Of International Bodies In Influencing U.S. Policy To End Violence Against Women, Lenora M. Lapidus
Fordham Law Review
No abstract provided.
Keynote Address, A Community Of Reason And Rights, Harold Hongju Koh, William Michael Treanor
Keynote Address, A Community Of Reason And Rights, Harold Hongju Koh, William Michael Treanor
Fordham Law Review
No abstract provided.
Lower Courts And Constitutional Comparativism, Roger P. Alford
Lower Courts And Constitutional Comparativism, Roger P. Alford
Fordham Law Review
No abstract provided.
Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel
Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel
Fordham Law Review
No abstract provided.
Misinterpreting "Sounds Of Silence": Why Courts Should Not "Imply" Congressional Preclusion Of § 1983 Constitutional Claims, Rosalie Berger Levinson
Misinterpreting "Sounds Of Silence": Why Courts Should Not "Imply" Congressional Preclusion Of § 1983 Constitutional Claims, Rosalie Berger Levinson
Fordham Law Review
Despite the clear text of 42 U.S.C. § 1983, its promise to protect constitutional rights has been obfuscated by the theory that Congress, by enacting civil rights laws, has "impliedly" foreclosed the historic use of § 1983 to vindicate constitutional wrongdoing. Increasingly, plaintiffs are being denied their right to vindicate constitutional wrongdoing, either because the new "preempting" federal statute does not trigger individual liability or because it makes institutional liability more difficult to establish. It is counterintuitive to believe that Congress, in an attempt to expand equality or due process, intended to cut off existing remedies for constitutional violations. Nonetheless, …
Protecting Status: The Mortgage Crisis, Eminent Domain, And The Ethic Of The Homeownership, Rachel D. Godsil, David V. Simunovich
Protecting Status: The Mortgage Crisis, Eminent Domain, And The Ethic Of The Homeownership, Rachel D. Godsil, David V. Simunovich
Fordham Law Review
Homeownership is in crisis. Millions of families are at risk of foreclosure as they are caught between declining housing values and rising interest payments on adjustable-rate mortgages. The primary concern for such families is not that they will become homeless—most families who lose their homes could afford to become renters—but rather that they will lose their status as homeowners. For families required to sell their property by the government’s use of eminent domain, a similar issue arises, as the “fair market value” of some homes (the standard measure of compensation) is generally not enough to allow the family to purchase …
White Cartels, The Civil Rights Act Of 1866, And The History Of Jones V. Alfred H. Mayer Co., Darrell A. H. Miller
White Cartels, The Civil Rights Act Of 1866, And The History Of Jones V. Alfred H. Mayer Co., Darrell A. H. Miller
Fordham Law Review
In 2008, Jones v. Alfred H. Mayer Co. turned forty. In Jones, the U.S. Supreme Court held for the first time that Congress can use its enforcement power under the Thirteenth Amendment, which abolished slavery, to prohibit private racial discrimination in the sale of property. Jones temporarily awoke the Thirteenth Amendment and its enforcement legislation—the Civil Rights Act of 1866—from a century-long slumber. Moreover, it recognized an economic reality: racial discrimination by private actors can be as debilitating as racial discrimination by public actors. In doing so, Jones veered away from three decades of civil rights doctrine—a doctrine that had …
Interpreting The Phrase "Newly Discovered Evidence": May Previously Unavailable Exculpatory Testimony Serve As The Basis For A Motion For A New Trial Under Rule 33?, Mary Ellen Brennan
Interpreting The Phrase "Newly Discovered Evidence": May Previously Unavailable Exculpatory Testimony Serve As The Basis For A Motion For A New Trial Under Rule 33?, Mary Ellen Brennan
Fordham Law Review
Rule 33 of the Federal Rules of Criminal Procedure permits a federal court to grant a new trial to a criminal defendant if the “interest of justice so requires,” specifying as one potential basis the availability of “newly discovered evidence.” The federal circuit courts have disagreed as to whether postconviction testimony proffered by a codefendant who had remained silent at trial may serve as the basis for a Rule 33 motion grounded on newly discovered evidence. A majority of the federal circuits, including, most recently, the U.S. Court of Appeals for the Second Circuit, have held that, while a codefendant’s …
Uniform Accountancy Act, Standards For Regulation Including Substantial Equivalency, American Institute Of Certified Public Accountants (Aicpa), National Association Of State Boards Of Accountancy
Uniform Accountancy Act, Standards For Regulation Including Substantial Equivalency, American Institute Of Certified Public Accountants (Aicpa), National Association Of State Boards Of Accountancy
Association Sections, Divisions, Boards, Teams
No abstract provided.
Table Of Contents - Cardozo Law Review, Volume 29, Issue 3
Table Of Contents - Cardozo Law Review, Volume 29, Issue 3
Cardozo Law Review
No abstract provided.
"The Perpetuation Of Our Political Institutions": Lincoln, The Powers Of The Commander In Chief, And The Constitution, Michael Les Benedict
"The Perpetuation Of Our Political Institutions": Lincoln, The Powers Of The Commander In Chief, And The Constitution, Michael Les Benedict
Cardozo Law Review
No abstract provided.
Domestic Commander In Chief: Early Checks By Other Branches, Louis Fisher
Domestic Commander In Chief: Early Checks By Other Branches, Louis Fisher
Cardozo Law Review
No abstract provided.
Enemy Combatants And The Jurisdictional Fact Doctrine, David L. Franklin
Enemy Combatants And The Jurisdictional Fact Doctrine, David L. Franklin
Cardozo Law Review
No abstract provided.
The Calling Forth Clause And The Domestic Commander In Chief, Stephen I. Vladeck
The Calling Forth Clause And The Domestic Commander In Chief, Stephen I. Vladeck
Cardozo Law Review
No abstract provided.
Intention Is All There Is: A Critical Analysis Of Aharon Barak's Purposive Interpretation In Law, Stanley Fish
Intention Is All There Is: A Critical Analysis Of Aharon Barak's Purposive Interpretation In Law, Stanley Fish
Cardozo Law Review
No abstract provided.
Beyond Intention, Kimberly Kessler Ferzan
The Suburb As A Legal Concept: The Problem Of Organization And The Fate Of Municipalities In American Law, Kenneth A. Stahl
The Suburb As A Legal Concept: The Problem Of Organization And The Fate Of Municipalities In American Law, Kenneth A. Stahl
Cardozo Law Review
No abstract provided.
Assessing Interest Groups: A Playing Field Approach, Paul J. Stancil
Assessing Interest Groups: A Playing Field Approach, Paul J. Stancil
Cardozo Law Review
No abstract provided.
Cuban Claims: Embargoed Identities And The Cuban-American Oedipal Conflict (El Grito De La Yuma), Jose M. Gabilondo
Cuban Claims: Embargoed Identities And The Cuban-American Oedipal Conflict (El Grito De La Yuma), Jose M. Gabilondo
Faculty Publications
No abstract provided.
Danish Language And The Church, Robert A. Olsen
Danish Language And The Church, Robert A. Olsen
The Bridge
The first documented account of a Danish language church service on American soil were those conducted by the Rev. Rasmus Jensen, a Danish Pastor who was part of the Jens Munk led expedition of 1619-1620 to find the Northwest Passage to the Orient. Munk's diary states "We celebrated the Holy Christmas Day solemnly, as is a Christian's duty, with a goodly sermon and a mass. After the sermon we gave the priest an offering .... "1 Unfortunately only Munk and two of his 64 men who embarked on this journey survived the winter and returned home, thus resulting in no …
I'M Not Dead Yet: An Analysis Of The Recent Supreme Court Of Mississippi's Wrongful Death Jurisprudence, Patrick J. Schepens
I'M Not Dead Yet: An Analysis Of The Recent Supreme Court Of Mississippi's Wrongful Death Jurisprudence, Patrick J. Schepens
MC Law Review
Symposium on Religion, Religious Pluralism, and the Rule of Law: Comment
Thurgood Marshall's Forlorn Battle Against Racial Discrimination In The Administration Of The Death Penalty: The Mccleskey Cases, 1987, 1991, Howard Ball
MC Law Review
Justice Thurgood Marshall: Exploring the Life and Legacy of One of America's Most Celebrated Jurists