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Articles 1081 - 1110 of 13339
Full-Text Articles in Law
Is There A "Mulatto Escape Hatch" Out Of Racism?: A Reflection On Multiracial Exceptionalism During A Time Of #Blacklivesmatter, Tanya K. Hernandez
Is There A "Mulatto Escape Hatch" Out Of Racism?: A Reflection On Multiracial Exceptionalism During A Time Of #Blacklivesmatter, Tanya K. Hernandez
Faculty Scholarship
No abstract provided.
Fiduciary Law And The Law Of Public Office, Ethan J. Leib, Andrew Kent
Fiduciary Law And The Law Of Public Office, Ethan J. Leib, Andrew Kent
Faculty Scholarship
A law of public office crystallized in Anglo-American law in the seventeenth and eighteenth centuries. This body of law—defined and enforced through a mix of oaths, statutes, criminal and civil case law, impeachments, and legislative investigations—imposed core duties on holders of public executive offices: officials needed to serve the public good, not their own private interests; were barred from acting ultra vires; could often be required to account to the public for their conduct in office; and needed to act with impartiality, honesty, and diligence. Officeholding came to be viewed as conditional, with officers removable for misdeeds. These substantive duties …
Skimmed Milk: Reflections On Race, Health, And What Families Tell Us About Structural Racism, Robin A. Lenhardt, Kimani Paul-Emile
Skimmed Milk: Reflections On Race, Health, And What Families Tell Us About Structural Racism, Robin A. Lenhardt, Kimani Paul-Emile
Faculty Scholarship
No abstract provided.
Covid-19 And Comparative Corporate Governance, Martin Gelter, Julia M. Puaschunder
Covid-19 And Comparative Corporate Governance, Martin Gelter, Julia M. Puaschunder
Faculty Scholarship
With the pandemic caused by the novel coronavirus SARS-CoV-2 raging around the world, many countries’ economies are at a crucial juncture. The COVID-19 external shock to the economy has the potential to affect corporate governance profoundly. This Article explores its possible impact on comparative corporate governance. For an economy to operate successfully, a society must first find a politically sustainable social equilibrium. In many countries, historical crises—such as the Great Depression and World War II—have resulted in a reconfiguration of corporate governance institutions that set the course for generations. While it is not yet clear whether COVID-19 will have a …
Lessons For Bivens And Qualified Immunity Debates From Nineteenth-Century Damages Litigation Against Federal Officers, Andrew Kent
Lessons For Bivens And Qualified Immunity Debates From Nineteenth-Century Damages Litigation Against Federal Officers, Andrew Kent
Faculty Scholarship
This Essay was written for a symposium marking the fiftieth anniversary of the Supreme Court’s decision in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. As the current Court has turned against Bivens—seemingly confining it to three specific contexts created by Bivens and two follow-on decisions in 1979 and 1980—scholars and litigants have developed a set of claims to respond to the Court’s critique. The Court now views the judicially created Bivens cause of action and remedy as a separation-of-powers foul; Congress is said to be the institution which should weigh the costs and benefits of allowing …
Who Should Police Politicization Of The Doj?, Bruce A. Green, Rebecca Roiphe
Who Should Police Politicization Of The Doj?, Bruce A. Green, Rebecca Roiphe
Faculty Scholarship
No abstract provided.
The Law School As A White Space, I. Bennett Capers
The Law School As A White Space, I. Bennett Capers
Faculty Scholarship
No abstract provided.
Mala Prohibita And Proportionality, Youngjae Lee
Mala Prohibita And Proportionality, Youngjae Lee
Faculty Scholarship
What is the proportionate punishment for conduct that is neither harmful nor wrongful? A likely response to that is that one ought not to be punished at all for such conduct. It is, however, common for the state to punish harmless conduct the wrongfulness of which is not always apparent. Take, for example, the requirement that those who give investment advice for compensation do so only after registering as an investment advisor. Advising a person on how to invest his or her funds and accepting a fee for the advice without registering with the government does not seem harmful or …
What's Law Got To Do With It? Dignity And Menstruation, Elizabeth B. Cooper
What's Law Got To Do With It? Dignity And Menstruation, Elizabeth B. Cooper
Faculty Scholarship
No abstract provided.
The Racial Reckoning Of Public Interest Law, Atinuke O. Adediran, Shaun Ossei-Owusu
The Racial Reckoning Of Public Interest Law, Atinuke O. Adediran, Shaun Ossei-Owusu
Faculty Scholarship
No abstract provided.
Menstrual Dignity And The Bar Exam, Marcy L. Karin, Margaret E. Johnson, Elizabeth B. Cooper
Menstrual Dignity And The Bar Exam, Marcy L. Karin, Margaret E. Johnson, Elizabeth B. Cooper
Faculty Scholarship
This Article examines the issue of menstruation and the administration of the bar exam. Although such problems are not new, over the summer and fall of 2020, test takers and commentators took to social media to critique state board of law examiners’ (“BOLE”) policies regarding menstruation. These problems persist. Menstruators worry that if they unexpectedly bleed during the exam, they may not have access to appropriately sized and constructed menstrual products or may be prohibited from accessing the bathroom. Personal products that are permitted often must be carried in a clear, plastic bag. Some express privacy concerns that the see-through …
The Anxiety Of Influence And Judicial Self-Aggrandizement In Rabbinic Jurisprudence, Ethan J. Leib
The Anxiety Of Influence And Judicial Self-Aggrandizement In Rabbinic Jurisprudence, Ethan J. Leib
Faculty Scholarship
No abstract provided.
Would Reasonable People Endorse A ‘Content-Neutral’ Law Of Contract?, Aditi Bagchi
Would Reasonable People Endorse A ‘Content-Neutral’ Law Of Contract?, Aditi Bagchi
Faculty Scholarship
This essay raises two challenges to Peter Benson’s compelling new account of contract law. First, I argue that Benson’s use of the concept of reasonableness goes beyond the Rawlsian account to require that we impute to others a capacity to transcend their contingent circumstances in the context of contractual choice. In fact, our choices in contract are driven by external contingencies and it is only reasonable to take those constrains on other people’s choices into account. Second, I contest Benson’s related claim that contract law should be, and largely is, content-neutral. I argue to the contrary that the justice of …
A Pattern Of Violence: How The Law Classifies Crimes And What It Means For Justice. By David Alan Sklansky. Cambridge, Ma: Belknap Press. 336 Pp. $29.95 Hardcover, John F. Pfaff
Faculty Scholarship
No abstract provided.
Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal
Fordham Environmental Law Review
No abstract provided.
Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani
Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani
Fordham Environmental Law Review
No abstract provided.
Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston
Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston
Fordham Environmental Law Review
No abstract provided.
Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez
Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez
Fordham Environmental Law Review
No abstract provided.
Caught In The Economic Crosshairs: Secondary Sanctions And The American Sanctions Regime, Daniel Meagher
Caught In The Economic Crosshairs: Secondary Sanctions And The American Sanctions Regime, Daniel Meagher
Fordham Law Review
Economic sanctions have a long tradition of use in American foreign policy. There are many benefits to using economic sanctions, particularly when policymakers employ them as alternatives to military action. Secondary sanctions developed as a relatively new tool intended to extend the reach and potency of economic sanctions. They function in much the same manner as traditional, or primary, sanctions. However, they target individuals and entities who conduct prohibited business with the targets of primary economic sanctions. Secondary sanctions are often accompanied by severe financial penalties and threats of exclusion from U.S. consumer and financial markets. Through secondary sanctions, the …
Time Over Matter: Measuring The Reasonableness Of Officer Conduct In § 1983 Claims, Evelyn Michalos
Time Over Matter: Measuring The Reasonableness Of Officer Conduct In § 1983 Claims, Evelyn Michalos
Fordham Law Review
In the United States, far more police encounters result in civilian and officer deaths than in other democratic countries. When a government actor uses excessive force against an individual during an arrest or investigatory stop in violation of the Fourth Amendment right against unreasonable seizure, 42 U.S.C. § 1983 provides a federal civil remedy for that individual. In Graham v. Connor and Tennessee v. Garner, the U.S. Supreme Court held that courts should assess the reasonableness of an officer’s use of force to seize an individual in light of the “totality of the circumstances,” which includes the severity of …
No Fare: Remedying The Member Business Loan Loophole, Leili A. Saber
No Fare: Remedying The Member Business Loan Loophole, Leili A. Saber
Fordham Law Review
The member business loan exemption of the Federal Credit Union Act was the driving force behind the New York City taxi medallion loan crisis that led to over 950 bankrupt taxi drivers and eight suicides. This Note analyzes the exemption as the legislature’s balancing act to reconcile two competing policy aims: keeping lenders safe while encouraging them to lend to risky borrowers. Viewed through the lens of the taxi medallion crisis, this Note demonstrates the severe harm that this loophole creates. Exempting credit unions from regulatory limits has left vulnerable borrowers subject to the adverse designs of powerful actors. Ultimately, …
Who Decides?: Civil Consent Jurisdiction Of U.S. Magistrate Judges And Third-Party Intervention, Eric Lim
Who Decides?: Civil Consent Jurisdiction Of U.S. Magistrate Judges And Third-Party Intervention, Eric Lim
Fordham Law Review
The Federal Magistrates Act permits a U.S. magistrate judge to preside over and enter final judgment in a civil case as a district judge would if all parties to the case have consented to the magistrate judge’s jurisdiction. Parties must consent voluntarily and affirmatively—although consent can be implied from the circumstances—to protect the parties’ constitutional right to have their case heard by an Article III judge. To vindicate this right, a body of jurisprudence has developed distinguishing dispositive matters, for which a magistrate judge requires the consent of all the parties in a case to rule on the matter, and …
A Common Law Of Choice Of Law, Lea Brilmayer, Daniel B. Listwa
A Common Law Of Choice Of Law, Lea Brilmayer, Daniel B. Listwa
Fordham Law Review
For more than a generation, choice of law has been the victim of a historical contingency. The “conflicts revolution” of the mid-twentieth century and its legal realist leaders bundled together three concepts that, although all typifying the traditional approach, are not inherently connected: the “scientific formalism” of Bealean territorialism, attention to “system values” like uniformity and predictability, and judicial activism. The revolutionaries tied an anchor to formalism, sinking the regard for system values and judge-led decision-making in the process. This Essay argues that the rejection of system values and judicial lawmaking in the choice-of-law context was a mistake—and it offers …
Local Offenses, Brenner M. Fissell
Local Offenses, Brenner M. Fissell
Fordham Law Review
Criminal law is generally thought to exist within two jurisdictional levels: federal and state. Neglected in the legal mind, and in legal scholarship, is the vast body of criminal law promulgated by local governments. While one should ask “what” is being criminalized by cities, towns, and villages, one should also ask “how” these offenses are written. The offense-drafting practices reflected in state criminal law have been extensively studied, but this has never been attempted for local offenses. This Article undertakes that task. After surveying a large number of local criminal codes, this Article concludes that local offenses routinely fail to …
State Criminal Procedure Rights: How Much Should The U.S. Supreme Court Influence, Kendra Kumor
State Criminal Procedure Rights: How Much Should The U.S. Supreme Court Influence, Kendra Kumor
Fordham Law Review
This Note is about state court interpretation of state constitutional provisions that relate to prosecutorial summation arguments. This Note finds that when the U.S. Supreme Court rules on a prosecutorial summation issue, state court interpretations of their state constitutional provisions are less diverse than when the Supreme Court does not issue an opinion. When state courts interpret their own constitutional provisions after Supreme Court precedent has been disseminated, they give more interpretative weight to the Supreme Court opinion than any other sister state precedent. This Note uses prosecutorial summation arguments to illustrate why state courts should refrain from placing greater …
The Progressive Turn: Politics And Policy In The Movement, Zephyr Teachout, Heather Gautney, Todd Melnick
The Progressive Turn: Politics And Policy In The Movement, Zephyr Teachout, Heather Gautney, Todd Melnick
Posters
Maloney Library lecture series, Behind the Book
Measuring The Impact Of Sec Enforcement Decisions, Stephen J. Choi
Measuring The Impact Of Sec Enforcement Decisions, Stephen J. Choi
Fordham Law Review
This Article examines several metrics of Securities and Exchange Commission (SEC) decision-making that may be updated on a regular basis using publicly available data to give a picture of how SEC decision-making changes. This Article focuses on SEC actions against public companies and subsidiaries of public companies, using data from 2005 to 2018. The metrics include: the number of SEC actions per year and per month, the ratio of SEC actions to securities class actions by year, the mean abnormal return from an event study of the first public announcement of the problem that led to the eventual SEC enforcement …
Unwaivable: Public Enforcement Claims And Mandatory Arbitration, Myriam Giles, Gary Friedman
Unwaivable: Public Enforcement Claims And Mandatory Arbitration, Myriam Giles, Gary Friedman
Fordham Law Review
No abstract provided.
Watching Insider Trading Law Wobble: Obus, Newman, Salman, Two Martomas , And A Blaszcak , Donald C. Langevoort
Watching Insider Trading Law Wobble: Obus, Newman, Salman, Two Martomas , And A Blaszcak , Donald C. Langevoort
Fordham Law Review
No abstract provided.
Class Action Objectors: The Good, The Bad, And The Ugly, Robert Klonoff
Class Action Objectors: The Good, The Bad, And The Ugly, Robert Klonoff
Fordham Law Review
No abstract provided.