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Articles 1 - 30 of 55
Full-Text Articles in Law
Hard Cases Make Bad Law? A Theoretical Investigation, Sepehr Shahshahani
Hard Cases Make Bad Law? A Theoretical Investigation, Sepehr Shahshahani
Faculty Scholarship
I use formal models to probe the aphorism that “hard cases make bad law.” The analysis illuminates important features of the common law process, especially the influence of case characteristics on lawmaking and the role of strategic litigators. When a case raises concerns that are not reflected in doctrine, the court might distort the law to avoid a hardship. Distortion is more likely when the case is important or the facts are close to the border of legality. Litigators may exploit courts’ attention to extra-doctrinal concerns by strategically selecting cases for litigation. Surprisingly, though, a strategic litigator improves lawmaking relative …
Motives And Fiduciary Loyalty, Stephen R. Galoob, Ethan J. Leib
Motives And Fiduciary Loyalty, Stephen R. Galoob, Ethan J. Leib
Faculty Scholarship
How, if at all, do motives matter to loyalty? We have argued that loyalty (and the duty of loyalty in fiduciary law) has a cognitive dimension. This kind of “cognitivist” account invites the counterargument that, because most commercial fiduciary relationships involve financial considerations, purity of motive cannot be central to loyalty in the fiduciary context. We contend that this counterargument depends on a flawed understanding of the significance of motive to loyalty. We defend a view of the importance of motivation to loyalty that we call the compatibility account. On this view, A acts loyally toward B only if …
A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective, Hon. Dana Leigh Marks, Hon. Denise Noonan Slavin
A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective, Hon. Dana Leigh Marks, Hon. Denise Noonan Slavin
Fordham Urban Law Journal
No abstract provided.
Introduction: Examining White Collar Crime With Trifocals, Ellen S. Podgor
Introduction: Examining White Collar Crime With Trifocals, Ellen S. Podgor
Fordham Urban Law Journal
No abstract provided.
When Is It Wrong To Trade Stocks On The Basis Of Non-Public Information?: Public Views Of The Morality Of Insider Trading, Stuart P. Green, Matthew B. Kugler
When Is It Wrong To Trade Stocks On The Basis Of Non-Public Information?: Public Views Of The Morality Of Insider Trading, Stuart P. Green, Matthew B. Kugler
Fordham Urban Law Journal
No abstract provided.
Introduction To Symposium: The Future Of The Exclusionary Rule And The Aftereffects Of The Herring And Hudson Decisions, Barry Kamins
Introduction To Symposium: The Future Of The Exclusionary Rule And The Aftereffects Of The Herring And Hudson Decisions, Barry Kamins
Fordham Urban Law Journal
This article is an introduction the symposium, "The Future of the Exclusionary Rule and the Aftereffects of the Herring and Hudson Decisions," hosted by the Fordham Urban Law Journal. The symposium explored the effects of the Supreme Court’s decisions in Herring v. United States and Hudson v. Michigan—what the Supreme Court will do with the Rule in the future, as well as varying interpretations of what the Supreme Court should do. The federal exclusionary rule, which is approaching its 100th anniversary, was extended to the states almost fifty years ago by the Supreme Court in its landmark decision of Mapp …
The Exclusionary Rule Redux - Again, Lloyd L. Weinreb
The Exclusionary Rule Redux - Again, Lloyd L. Weinreb
Fordham Urban Law Journal
The exclusionary rule itself is not very complicated: if the police obtain evidence by means that violate a person’s rights under the Fourth Amendment, the evidence is not admissible against that person in a criminal trial. The basic provision, however, has been freighted with innumerable epicycles, and epicycles on epicycles ever since it was made part of Fourth Amendment jurisprudence. The exclusionary rule survives in a kind of doctrinal purgatory, neither accepted fully into the constitutional canon nor cast into the outer darkness. It survives, but its reach is uncertain, its rational questioned, and its value doubted. Hudson v. Michigan …
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 Secret Life Of Judges, Dennis Jacobs
Incompletely Theorized Agreements: An Unworkable Theory Of Judicial Modesty, Yavar Bathaee
Incompletely Theorized Agreements: An Unworkable Theory Of Judicial Modesty, Yavar Bathaee
Fordham Urban Law Journal
This Comment examines the conflicting demands on American courts to safeguard the will of the legislature, ensure the protection of the minority, and resolve particular disputes and redress particular injuries. The manner and scope in which a court theorizes is critical as it binds future courts and litigants to its decisions. Professor Cass Sunstein proposes a jurisprudence of minimalism and supports theoretical modesty in the form of the "incompletely theorized agreement", the notion that individuals can agree on less theorized principles to resolve cases at hand without resorting to high-level theoretical pronouncements. This Comment addresses Sunstein's minimalist regime within the …
The Jurisprudence Of Justice Stevens, William Michael Treanor
The Jurisprudence Of Justice Stevens, William Michael Treanor
Fordham Law Review
No abstract provided.
The New Constitutional Order And The Heartening Of Conservative Constitutional Aspirations, James E. Fleming
The New Constitutional Order And The Heartening Of Conservative Constitutional Aspirations, James E. Fleming
Fordham Law Review
No abstract provided.
Originalism As A Political Practice: The Right's Living Constitution, Robert Post, Reva Siegel
Originalism As A Political Practice: The Right's Living Constitution, Robert Post, Reva Siegel
Fordham Law Review
No abstract provided.
Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber
Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber
Fordham Law Review
No abstract provided.
Constitutional Chicken Soup, Tracy E. Higgins
Constitutional Chicken Soup, Tracy E. Higgins
Fordham Law Review
No abstract provided.
The New Constitution And The Judicialization Of Pure Politics Worldwide, Ran Hirschl
The New Constitution And The Judicialization Of Pure Politics Worldwide, Ran Hirschl
Fordham Law Review
No abstract provided.
From States' Rights Blues To Blue States' Rights: Federalism After The Rehnquist Court, Kathleen M. Sullivan
From States' Rights Blues To Blue States' Rights: Federalism After The Rehnquist Court, Kathleen M. Sullivan
Fordham Law Review
No abstract provided.
What Is The Internal Point Of View?, Scott J. Shapiro
What Is The Internal Point Of View?, Scott J. Shapiro
Fordham Law Review
No abstract provided.
Hart On Social Rules And The Foundations Of Law: Liberating The Internal Point Of View, Stephen Perry
Hart On Social Rules And The Foundations Of Law: Liberating The Internal Point Of View, Stephen Perry
Fordham Law Review
No abstract provided.
Hobbes And The Internal Point Of View, Claire Finkelstein
Hobbes And The Internal Point Of View, Claire Finkelstein
Fordham Law Review
No abstract provided.
Legal Obligations And The Internal Aspect Of Rules, Benjamin C. Zipursky
Legal Obligations And The Internal Aspect Of Rules, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert Cooter
The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert Cooter
Fordham Law Review
No abstract provided.
Rules, Standards, And The Internal Point Of View, Dale A. Nance
Rules, Standards, And The Internal Point Of View, Dale A. Nance
Fordham Law Review
No abstract provided.
The Legal Profession As A Blue State: Reflections On Public Philosophy, Jurisprudence, And Legal Ethics, Russell G. Pearce
The Legal Profession As A Blue State: Reflections On Public Philosophy, Jurisprudence, And Legal Ethics, Russell G. Pearce
Fordham Law Review
No abstract provided.
Seeing Tort Law From The Internal Point Of View: Holmes And Hart On Legal Duties, John C.P. Goldberg, Benjamin C. Zipursky
Seeing Tort Law From The Internal Point Of View: Holmes And Hart On Legal Duties, John C.P. Goldberg, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
Someplace Between Philosophy And Economics: Legitimacy And Good Corporate Lawyering, Donald C. Langevoort
Someplace Between Philosophy And Economics: Legitimacy And Good Corporate Lawyering, Donald C. Langevoort
Fordham Law Review
No abstract provided.
A Tale Of Two Trajectories, Cynthia A. Williams
A Tale Of Two Trajectories, Cynthia A. Williams
Fordham Law Review
No abstract provided.
Are Constitutional Norms Legal Norms?, Jeremy Waldron
Are Constitutional Norms Legal Norms?, Jeremy Waldron
Fordham Law Review
No abstract provided.
Critical Constitutionalism Now, Louis Michael Seidman
Critical Constitutionalism Now, Louis Michael Seidman
Fordham Law Review
No abstract provided.
Political Power And Judicial Power: Some Observations On Their Relation, Mark Tushnet
Political Power And Judicial Power: Some Observations On Their Relation, Mark Tushnet
Fordham Law Review
No abstract provided.