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Articles 1 - 30 of 98
Full-Text Articles in Law
The Paradoxical Structure Of Constitutional Litigation, Pamela S. Karlan
The Paradoxical Structure Of Constitutional Litigation, Pamela S. Karlan
Fordham Law Review
No abstract provided.
The Bright Line Of Rapanos: Analyzing The Plurality's Two-Part Test, Taylor Romigh
The Bright Line Of Rapanos: Analyzing The Plurality's Two-Part Test, Taylor Romigh
Fordham Law Review
No abstract provided.
Guarding The Government's Coffers: The Need For Competition Requirements To Safeguard Federal Government Procurement, Lani A. Perlman
Guarding The Government's Coffers: The Need For Competition Requirements To Safeguard Federal Government Procurement, Lani A. Perlman
Fordham Law Review
No abstract provided.
The Lethal Injection Quandary: How Medicine Has Dismantled The Death Penalty, Deborah W. Denno
The Lethal Injection Quandary: How Medicine Has Dismantled The Death Penalty, Deborah W. Denno
Fordham Law Review
On February 20, 2006, Michael Morales was hours away from execution in California when two anesthesiologists declined to participate in his lethal injection procedure, thereby halting all state executions. The events brought to the surface the long-running schism between law and medicine, raising the question of whether any beneficial connection between the professions ever existed in the execution context. History shows it seldom did. Decades of botched executions prove it. This Article examines how states ended up with such constitutionally vulnerable lethal injection procedures, suggesting that physician participation in executions, though looked upon with disdain, is more prevalent--and perhaps more …
The Criminalization Of Treating End Of Life Patients With Risky Pain Medication And The Role Of The Extreme Emergency Situation, Gina Castellano
The Criminalization Of Treating End Of Life Patients With Risky Pain Medication And The Role Of The Extreme Emergency Situation, Gina Castellano
Fordham Law Review
This Note examines the legality of physicians treating patients near the end of life with risky pain medication, specifically during an extreme emergency situation. The issues discussed include whether such treatment should be criminalized and, if criminalized, what standard should be used to determine culpability. This Note proposes that physicians should not be shielded from the criminal justice system, but that the standard of double effect intent should be expressly adopted in the adjudication of such cases.
To Attach Or Not To Attach: The Continued Confusion Regarding Search Warrants And The Incorporation Of Supporting Documents, Michael Longyear
To Attach Or Not To Attach: The Continued Confusion Regarding Search Warrants And The Incorporation Of Supporting Documents, Michael Longyear
Fordham Law Review
The Fourth Amendment mandates that a search warrant particularly describe what is to be searched or seized. Courts have allowed officers to use supporting documentation, such as affidavits and other attachments, to define, but not expand, the limits of a search. However, the use of these supporting documents creates a problem when the document is referenced in the warrant but is not physically attached to the warrant. This Note argues that the protection of the Fourth Amendment is not the warrant itself, but the guarantee that a warrant, fully detailing the search to be undertaken, has been approved by a …
Circuit Split Or A Matter Of Semantics? The Supreme Court's Upcoming Decision On Rule 10b-5 "Scheme Liability" And Its Implications For Tax Shelter Fraud Litigation, Mark S. Pincus
Fordham Law Review
After Internal Revenue Service investigations exposed widespread fraud among tax shelter promoters, angry investors sued for securities fraud under Securities and Exchange Commission Rule 10b-5, which provides a cause of action against “primary violators” of the Rule but not against mere “aiders and abettors.” This controversial distinction is further complicated by the recent introduction of “scheme liability” lawsuits under two previously obscure provisions of Rule 10b-5. This Note examines the circuit split over the “primary violator”/“aider and abettor” distinction in scheme liability claims, arguing that the circuits' conflicting concepts of scheme liability actually cover similar conduct, and that tax shelter …
Nonprofit Law, Economic Challenges, And The Future Of Charities: Introduction, Linda Sugin
Nonprofit Law, Economic Challenges, And The Future Of Charities: Introduction, Linda Sugin
Fordham Law Review
No abstract provided.
The Board Of Nonprofit Organizations: Puzzling Through The Gaps Between Law And Practice, Evelyn Brody
The Board Of Nonprofit Organizations: Puzzling Through The Gaps Between Law And Practice, Evelyn Brody
Fordham Law Review
No abstract provided.
Nonprofit Payments To Insiders And Outsiders: Is The Sky The Limit? , Jill S. Manny
Nonprofit Payments To Insiders And Outsiders: Is The Sky The Limit? , Jill S. Manny
Fordham Law Review
No abstract provided.
Resisting The Corporatization Of Nonprofit Governance: Transforming Obedience Into Fidelity., Linda Sugin
Resisting The Corporatization Of Nonprofit Governance: Transforming Obedience Into Fidelity., Linda Sugin
Fordham Law Review
No abstract provided.
Federal Evidence Rule 608(B): Gateway To The Minefield Of Witness Preparation, Gerald L. Shargel
Federal Evidence Rule 608(B): Gateway To The Minefield Of Witness Preparation, Gerald L. Shargel
Fordham Law Review
No abstract provided.
Are Evidence-Related Ethics Provisions "Law"?, Fred C. Zacharias
Are Evidence-Related Ethics Provisions "Law"?, Fred C. Zacharias
Fordham Law Review
No abstract provided.
The Use And Misuse Of High-Tech Evidence By Prosecutors: Ethical And Evidentiary Issues, Robert Aronson, Jacqueline Mcmurtrie
The Use And Misuse Of High-Tech Evidence By Prosecutors: Ethical And Evidentiary Issues, Robert Aronson, Jacqueline Mcmurtrie
Fordham Law Review
No abstract provided.
Special Issues Raised By Rape Trial, Aviva Orenstein
Special Issues Raised By Rape Trial, Aviva Orenstein
Fordham Law Review
No abstract provided.
"Remarkable Stratagems And Conspiracies": How Unscrupulous Lawyers And Credulous Judges Created An Exception To The Hearsay Rule, Marianne Wesson
"Remarkable Stratagems And Conspiracies": How Unscrupulous Lawyers And Credulous Judges Created An Exception To The Hearsay Rule, Marianne Wesson
Fordham Law Review
No abstract provided.
The Perplexing Problem Of Client Perjury, L. Timothy Perrin
The Perplexing Problem Of Client Perjury, L. Timothy Perrin
Fordham Law Review
No abstract provided.
Stone V. Ritter And The Expanding Duty Of Loyalty, Claire A. Hill, Brett H. Mcdonnell
Stone V. Ritter And The Expanding Duty Of Loyalty, Claire A. Hill, Brett H. Mcdonnell
Fordham Law Review
Stone v. Ritter is the first post-Disney Delaware Supreme Court case articulating the doctrine of good faith. Taking Stone v. Ritter as a point of departure, we propose a way of understanding how good faith fits within the broader context of Delaware fiduciary duty cases. We see potential cases as arrayed along a continuum from traditional care cases to traditional loyalty cases. In between are cases where director or officer objectivity is impaired, but less so than in traditional loyalty cases. The emerging law of good faith helps courts deal with such cases. Particular clusters of cases develop detailed guidance …
Women's Place: Urban Planning, Housing Design, And Work-Family Balance, Katharine B. Silbaugh
Women's Place: Urban Planning, Housing Design, And Work-Family Balance, Katharine B. Silbaugh
Fordham Law Review
In the past decade a substantial literature has emerged analyzing the role of work-family conflict in hampering women's economic, social, and civil equality. Many of the issues we routinely discuss as work-family balance problems have distinct spatial dimensions. “Place” is by no means the main factor in work-family balance difficulties, but amongst work-family policy makers it is perhaps the least appreciated. This Article examines the role of urban planning and housing design in frustrating the effective balance of work and family responsibilities. Nothing in the literature on work-family balance reform addresses this aspect of the problem. That literature focuses instead …
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Fordham Law Review
This Article critiques the constitutional underpinnings of the “ministerial exemption,” which grants religious organizations immunity from discrimination suits brought by “ministerial” employees. These employees, who range from parochial schoolteachers to church music directors, cannot assert Title VII race or sex discrimination claims against their religious employers--regardless of whether or not religious belief motivated the discrimination. Lower courts and commentators assert that the right of church autonomy created by the religion clauses requires this result, but the Supreme Court has never blessed (nor rejected) it. This Article argues there is no place for the ministerial exemption under the Supreme Court's current …
Pto Rulemaking In The Twenty-First Century: Defining The Line Between Strategic Planning And Abuse Of Authority, Brian E. Mack
Pto Rulemaking In The Twenty-First Century: Defining The Line Between Strategic Planning And Abuse Of Authority, Brian E. Mack
Fordham Law Review
No abstract provided.
The Machine Gun Statute: Its Controversial Past And Possible Future, Leslie Wepner
The Machine Gun Statute: Its Controversial Past And Possible Future, Leslie Wepner
Fordham Law Review
No abstract provided.
New Dimensions Of Citizenship, Editors' Forward
New Dimensions Of Citizenship, Editors' Forward
Fordham Law Review
No abstract provided.
Varieties Of Citizenship, Linda Bosniak
Flying The Mexican Flag In Los Angeles, Anupam Chander
Flying The Mexican Flag In Los Angeles, Anupam Chander
Fordham Law Review
No abstract provided.
Dimensions Of Citizenship In Contemporary Brazil, Evelina Dagnino
Dimensions Of Citizenship In Contemporary Brazil, Evelina Dagnino
Fordham Law Review
No abstract provided.
Engagements Across National Borders, Then And Now, Nancy Foner
Engagements Across National Borders, Then And Now, Nancy Foner
Fordham Law Review
No abstract provided.
Against Citizenship As A Predicate For Basic Rights, David D. Cole
Against Citizenship As A Predicate For Basic Rights, David D. Cole
Fordham Law Review
No abstract provided.
E.U. Citizenship And Political Rights In An Evolving European Union, Jo Shaw
E.U. Citizenship And Political Rights In An Evolving European Union, Jo Shaw
Fordham Law Review
No abstract provided.
Citizenship Undone, Leti Volpp