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Articles 1 - 30 of 119
Full-Text Articles in Law
Systemic Inequality | Not Just Any Pretext: The 2020 Census And The Voting Rights Act, Unsigned Flro
Systemic Inequality | Not Just Any Pretext: The 2020 Census And The Voting Rights Act, Unsigned Flro
Fordham Law Review Online
No abstract provided.
Systemic Inequality | Not Secure In Their Persons: Bridging Garner And Graham, Eric Szkarlat
Systemic Inequality | Not Secure In Their Persons: Bridging Garner And Graham, Eric Szkarlat
Fordham Law Review Online
No abstract provided.
Systemic Inequality | Systemic Racism In Child Neglect Laws, Kendra Kumor
Systemic Inequality | Systemic Racism In Child Neglect Laws, Kendra Kumor
Fordham Law Review Online
The American child protection and support system was founded in the Reconstruction era. After the Civil War, many Southern states passed so-called Black Codes, which included apprenticeship statutes. These apprenticeship statutes allowed children to be removed from their parents’ care for any number of reasons, including poor moral character or financial instability. Although these statutes have long since been repealed, the residual institutional effects still linger in today’s child neglect and custody battles. Black children are disproportionately represented in child protective services investigations, in part because Black families constitute a disproportionate part of the homeless and impoverished population in the …
Systemic Inequality | Racial Gerrymandering, The For The People Act, And Brnovich: Systemic Racism And Voting Rights In 2021, Joseph Palandrani, Danika Watson
Systemic Inequality | Racial Gerrymandering, The For The People Act, And Brnovich: Systemic Racism And Voting Rights In 2021, Joseph Palandrani, Danika Watson
Fordham Law Review Online
No abstract provided.
Systemic Inequality | Recasting The Exclusionary Rule’S Net, Zach Huffman
Systemic Inequality | Recasting The Exclusionary Rule’S Net, Zach Huffman
Fordham Law Review Online
No abstract provided.
Systemic Inequality | Ballot Access Behind Bars, Robin Fisher
Systemic Inequality | Ballot Access Behind Bars, Robin Fisher
Fordham Law Review Online
No abstract provided.
Systemic Inequality | Race, Place, And Pollution: The Deep Roots Of Environmental Racism, Robert L. Bentlyewski, Mina Juhn
Systemic Inequality | Race, Place, And Pollution: The Deep Roots Of Environmental Racism, Robert L. Bentlyewski, Mina Juhn
Fordham Law Review Online
No abstract provided.
An Introduction To The Fordham Law Review Online Spring Issue, Systemic Inequality In The American Experience, Leili Saber, Kevin Sette
An Introduction To The Fordham Law Review Online Spring Issue, Systemic Inequality In The American Experience, Leili Saber, Kevin Sette
Fordham Law Review Online
No abstract provided.
Systemic Inequality | A Call For Desegregation In Education: Examining The Strength In Diversity Act, Kimberly Ayudant
Systemic Inequality | A Call For Desegregation In Education: Examining The Strength In Diversity Act, Kimberly Ayudant
Fordham Law Review Online
In the 1954 Brown v. Board of Education decision, the Supreme Court unanimously ruled that the concept of “separate but equal” education was unconstitutional. Yet now, more than sixty-five years after this decision, school segregation is on the rise in the United States. While school segregation is no longer enforced by the explicit prohibition of Black students and white students attending the same schools, it is instead caused by various pernicious government policies ranging from school district mapping to school funding allocations. Historically, the federal government has remained at the outskirts of education policy as public education is held to …
The Sunset Of The Holocaust Expropriated Art Recovery Act Of 2016 And The Rise Of The Demand And Refusal Rule, Fallon S. Sheridan
The Sunset Of The Holocaust Expropriated Art Recovery Act Of 2016 And The Rise Of The Demand And Refusal Rule, Fallon S. Sheridan
Fordham Law Review
During World War II, hundreds of thousands of works of art were confiscated by Nazis under the direction of Adolf Hitler or sold for less than market value by members of the Jewish community fleeing Nazi Germany. Shockingly, an estimated 100,000 of the 600,000 works that were taken are still missing today. In recognition of the need for laws that adequately assist original owners (and their heirs) in recovering these works of art, the U.S. Congress passed the Holocaust Expropriated Art Recovery Act of 2016 (“the HEAR Act”). The HEAR Act supplanted state statutes of limitations for Naziconfiscated artwork with …
Transgender Inmates’ Right To Gender Confirmation Surgery, Marissa Luchs
Transgender Inmates’ Right To Gender Confirmation Surgery, Marissa Luchs
Fordham Law Review
The Eighth Amendment prohibits cruel and unusual punishment. It ensures that the state’s power to punish is exercised within the bounds of evolving standards of human decency. At the time of its enactment in 1791, the Eighth Amendment merely protected against torture and other physically barbarous treatments. However, as society’s standards of decency changed, so too did the scope of the Eighth Amendment. Today, among other protections, the Eighth Amendment mandates that prisons provide inmates with adequate conditions of confinement. This includes an obligation on the part of the prison to provide adequate medical care. But a great deal of …
Race And Policing: Some Thoughts And Suggestions For Reform, Solomon Oliver Jr.
Race And Policing: Some Thoughts And Suggestions For Reform, Solomon Oliver Jr.
Fordham Law Review
No abstract provided.
What Juries Really Think: Practical Guidance For Future Trial Lawyers, Amy J. St. Eve
What Juries Really Think: Practical Guidance For Future Trial Lawyers, Amy J. St. Eve
Fordham Law Review
No abstract provided.
Feeling And Thinking Like A Lawyer: Cognition, Emotion, And The Practice And Progress Of Law, Susan A. Bandes
Feeling And Thinking Like A Lawyer: Cognition, Emotion, And The Practice And Progress Of Law, Susan A. Bandes
Fordham Law Review
No abstract provided.
If Only I Had Known: The Challenges Of Representation, Jenny E. Carroll
If Only I Had Known: The Challenges Of Representation, Jenny E. Carroll
Fordham Law Review
No abstract provided.
Investigating Pandemic Effects On Legal Academia, Meera E. Deo
Investigating Pandemic Effects On Legal Academia, Meera E. Deo
Fordham Law Review
No abstract provided.
The Rage Of A Privileged Class, Gregory S. Parks, Julia Doyle
The Rage Of A Privileged Class, Gregory S. Parks, Julia Doyle
Fordham Law Review
No abstract provided.
Managing Stress, Grief, And Mental Health Challenges In The Legal Profession; Not Your Usual Law Review Article, Deborah L. Rhode
Managing Stress, Grief, And Mental Health Challenges In The Legal Profession; Not Your Usual Law Review Article, Deborah L. Rhode
Fordham Law Review
No abstract provided.
Understanding The Social And Cognitive Process In Law School That Creates Unhealthy Lawyers, Kathryne M. Young
Understanding The Social And Cognitive Process In Law School That Creates Unhealthy Lawyers, Kathryne M. Young
Fordham Law Review
Previous work on law student wellness and mental health strongly suggests that the seeds of professional unhappiness are sown in law school. Law students suffer from anxiety, depression, substance abuse, and other mental health problems at alarmingly high rates. They also leave law school with different concerns, commitments, and cognitive patterns than when they entered, emerging less hopeful, less intrinsically motivated, and more concerned with prestige than they were at the outset. So what, exactly, happens to people in law school? Although a rich body of quantitative and survey-based research on law students documents these empirical trends, surprisingly little qualitative …
Who Needs Adverse Possession?, Nadav Shoked
Who Needs Adverse Possession?, Nadav Shoked
Fordham Law Review
Adverse possession is one of property law’s most central doctrines. Yet, this Article contends, the need it answers has been largely misunderstood. Adverse possession’s doctrinal effects are clear—and stark: when its requirements are met, an owner loses her land to an invader. To explain a doctrine instituting such a radical result, scholars resort to property law’s major philosophical theories. These theories, they argue, at times demand that an owner lose her land to another person who is more committed to that land. The problem with these prevailing justifications of adverse possession, this Article shows, is that they imagine a very …
Taking A Stand: Climate Change Litigants And The Viability Of Constitutional Claims, Mina Juhn
Taking A Stand: Climate Change Litigants And The Viability Of Constitutional Claims, Mina Juhn
Fordham Law Review
In response to the accelerating effects of global warming, individuals and citizen groups in the United States have brought suit against the federal government to challenge the adequacy of existing climate change policies. Though statutory and tort claims comprise the bulk of these actions, plaintiffs have begun alleging that government inaction on climate change violates constitutional and fundamental rights. In these matters, the federal judiciary generally applies threshold justiciability doctrines, such as standing and the political question doctrine, to deny judicial review. This Note examines the reasoning behind the judiciary’s application of these doctrines and evaluates the appropriate scope of …
Clean Water Act Jurisdiction Over Groundwater Discharges After County Of Maui V. Hawaii Wildlife Fund, Jocelyn Lee
Clean Water Act Jurisdiction Over Groundwater Discharges After County Of Maui V. Hawaii Wildlife Fund, Jocelyn Lee
Fordham Law Review
The Clean Water Act is the principal federal law aimed at controlling pollution of the nation’s water resources, yet it does not provide comprehensive oversight of pollutants entering groundwater, the subsurface water that often feeds into rivers, lakes, and oceans. This Note examines a recent Supreme Court decision, County of Maui v. Hawaii Wildlife Fund, which appeared to endorse a theory of federal regulation of groundwater discharges under the Clean Water Act. County of Maui established a “functional equivalent” standard, under which a discharge through groundwater is subject to the Clean Water Act’s permitting requirements if it is the functional …
Widening The Lens, Sharpening The Focus: Mental Health And The Legal Profession, Bernice Donald, Alex Bransford
Widening The Lens, Sharpening The Focus: Mental Health And The Legal Profession, Bernice Donald, Alex Bransford
Fordham Law Review
No abstract provided.
The Awakening: The Impact Of Covid-19, Racial Upheaval, And Political Polarization On Black Women Lawyers, Tsedale M. Melaku
The Awakening: The Impact Of Covid-19, Racial Upheaval, And Political Polarization On Black Women Lawyers, Tsedale M. Melaku
Fordham Law Review
No abstract provided.
Affirmative Immunity: A Litigation-Based Approach To Curb Appellate Courts’ Raising Qualified Immunity Sua Sponte, Michael E. Beyda
Affirmative Immunity: A Litigation-Based Approach To Curb Appellate Courts’ Raising Qualified Immunity Sua Sponte, Michael E. Beyda
Fordham Law Review
Qualified immunity, to put it simply, provides public officials with immunity from civil lawsuits if they have violated an individual’s constitutional rights under their official authority and those rights were not “clearly established” at the time of the official’s actions. The doctrine has evolved into an elaborate framework that has plagued civil rights plaintiffs, as well as courts, for decades. Qualified immunity is an affirmative defense, and affirmative defenses are waived if not raised appropriately by the defendant. Moreover, issues that are not properly raised before the trial court, including affirmative defenses, are generally not considered for the first time …
Reconstructing State Republics, Francesca L. Procaccini
Reconstructing State Republics, Francesca L. Procaccini
Fordham Law Review
Our national political dysfunction is rooted in constitutionally dysfunctional states. States today are devolving into modern aristocracies through laws that depress popular control, entwine wealth and power, and insulate incumbents from democratic oversight and accountability. These unrepublican states corrupt the entire United States. It is for this reason that the Constitution obligates the United States to restore ailing states to their full republican strength. But how? For all its attention to process, the Constitution is silent on how the United States may exercise its sweeping Article IV power to “guarantee to every State in this Union a Republican Form of …
“The Rule Of The Strong, Not The Rule Of Law”: Reexamining Implicit Divestiture After Mcgirt V. Oklahoma, Joseph Palandrani
“The Rule Of The Strong, Not The Rule Of Law”: Reexamining Implicit Divestiture After Mcgirt V. Oklahoma, Joseph Palandrani
Fordham Law Review
In McGirt v. Oklahoma, the U.S. Supreme Court found that the boundaries of the Muscogee (Creek) Nation, which were set in 1866 and which encompass a large swath of present-day Oklahoma, remain intact. Although non-Indigenous people had settled on the land in droves by the early twentieth century, the Court held that the land remains “Indian Country” until Congress explicitly indicates otherwise. Because Congress never so indicated, the reservation is undiminished. McGirt marked a massive shift in the Court’s approach to the question of whether reservation boundaries remain in force; demographic history had previously figured prominently in the Court’s rulings …
Celebrating A Lasting Legacy: Foreword, Matthew Diller
Celebrating A Lasting Legacy: Foreword, Matthew Diller
Fordham Law Review Online
No abstract provided.
Celebrating A Lasting Legacy: Hon. Deborah A. Batts, James L. Kainen, Adam Shlahet
Celebrating A Lasting Legacy: Hon. Deborah A. Batts, James L. Kainen, Adam Shlahet
Fordham Law Review Online
No abstract provided.
Celebrating A Lasting Legacy: Laurence J. Abraham, Todd Melnick
Celebrating A Lasting Legacy: Laurence J. Abraham, Todd Melnick
Fordham Law Review Online
No abstract provided.