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Articles 1111 - 1140 of 13339
Full-Text Articles in Law
Congressional Overspeech, Josh Chafetz
Congressional Overspeech, Josh Chafetz
Fordham Law Review
Political theater. Spectacle. Circus. Reality show. We are constantly told that, whatever good congressional oversight is, it certainly is not those things. Observers and participants across the ideological and partisan spectrums use those descriptions as pejorative attempts to delegitimize oversight conducted by their political opponents or as cautions to their own allies of what is to be avoided. Real oversight, on this consensus view, is about fact-finding, not about performing for an audience. As a result, when oversight is done right, it is both civil and consensus-building. While plenty of oversight activity does indeed involve bipartisan attempts to collect information …
Programmed Defamation: Applying § 230, Michael R. Bartels
Programmed Defamation: Applying § 230, Michael R. Bartels
Fordham Law Review
Section 230 of the Communications Decency Act was originally intended to promote online innovation for the good faith moderation of interactive computer services. Since Congress enacted the statute, innovators, flourishing under statutory immunity, have been able to master the technological frontier, with most web traffic now consumed through highly curated and specialized feeds resembling a personal newspaper. The resulting free market of information is stronger than at any point in human history. The new technological regime, however, has created another problem. Most of the content shared on these platforms originates from third parties, often anonymous or judgment-proof. Section 230, meanwhile, …
Th Executive Branch Anticanon, Deborah Pearlstein
Th Executive Branch Anticanon, Deborah Pearlstein
Fordham Law Review
Donald Trump’s presidency has given rise to a raft of concerns not just about the wisdom of particular policy decisions but also about the prospect that executive actions might have troubling longer term “precedential” effects. While critics tend to leave undefined what “precedent” in this context means, existing constitutional structures provide multiple mechanisms by which presidential practice can influence future executive branch conduct: judicial actors rely on practice as gloss on constitutional meaning, executive branch officials rely on past practice in guiding institutional norms of behavior, and elected officials outside the executive branch and the people themselves draw on past …
Whitman And The Fiduciary Relationship Conundrum, Lisa M. Fairfax
Whitman And The Fiduciary Relationship Conundrum, Lisa M. Fairfax
Fordham Law Review
No abstract provided.
Objector Blackmail Update: What Have The 2018 Amendments Done, Brian T. Fitzpatrick
Objector Blackmail Update: What Have The 2018 Amendments Done, Brian T. Fitzpatrick
Fordham Law Review
No abstract provided.
Proactive Regulation Of Prosectors' Offices: Strengthening Disciplinary Committees' Oversight Of Prosecutors' Offices Across The United States With Aba Model Rule 5.1, Caitlyn B. Holuta
Proactive Regulation Of Prosectors' Offices: Strengthening Disciplinary Committees' Oversight Of Prosecutors' Offices Across The United States With Aba Model Rule 5.1, Caitlyn B. Holuta
Fordham Law Review
In the United States, there are currently several mechanisms to deter prosecutorial misconduct, including judicial orders, civil litigation by defendants, enforcement actions by disciplinary authorities, and internal discipline within a prosecutor’s office. Despite these many avenues of oversight, none have successfully prevented misconduct to the degree society demands. Several international legal systems have adopted regulatory frameworks based on the theory of proactive management-based regulation, which mitigates against unethical conduct by requiring attorneys to selfassess their internal ethics policies against a rubric of ethics goals set by ethics and disciplinary authorities. While most U.S. jurisdictions have not adopted proactive management-based regulations, …
Does The Patent Trial And Appeals Board's Precedential Opinion Comport With Due Process?, Patrick Lavery
Does The Patent Trial And Appeals Board's Precedential Opinion Comport With Due Process?, Patrick Lavery
Fordham Law Review
Inter partes review is an adversarial post-grant proceeding conducted at the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office that allows third parties to petition for reexamination of patents. Normally, a panel of three administrative patent judges decides an inter partes review, but occasionally the director of the U.S. Patent and Trademark Office has expanded panels on rehearing to find against the decision of the original panel. The director has expanded panels on rehearing when the original panel found against agency policy. This practice is known as panel stacking. Parties to cases, judges, and scholars have …
Who Will Watch The Watchers?: Enacting A Corporate Observing Board To Increase Consideration Of Stakeholder Interests, Zachary Needle
Who Will Watch The Watchers?: Enacting A Corporate Observing Board To Increase Consideration Of Stakeholder Interests, Zachary Needle
Fordham Law Review
Modern U.S. corporate law has compelled corporate directors to make decisions that maximize share value regardless of the effect they have on the firm’s other stakeholders, like employees, creditors, and suppliers. While shareholder primacy is the norm in the United States, there are competing theories, mainly the stakeholder model, that have cognizable influence not only in the United States but also in foreign states. Both theories have their drawbacks, but the “short-termism” associated with shareholder primacy can damage a firm’s health. Directors make decisions that benefit the firm in the short term but often wipe out long-term value. This Note …
Withdrawing From Congressional-Executive Agreements With The Advice And Consent Of Congress, Abigail L. Sia
Withdrawing From Congressional-Executive Agreements With The Advice And Consent Of Congress, Abigail L. Sia
Fordham Law Review
As President Donald J. Trump withdrew the United States from one international agreement after another, many began to question whether these withdrawals required congressional approval. The answer may depend on the type of agreement. Based on history and custom, it appears that the president may unilaterally withdraw from agreements concluded pursuant to the treaty process outlined in the U.S. Constitution. However, the United States also has a long history of concluding international agreements as congressional-executive agreements, which use a different approval process that does not appear in the Constitution. But while academics have spilled ink on Article II treaties for …
In-House Counsel Roundtable: Competition And Other Issues In A Pandemic Environment, Karen Hoffman Lent, Gabrielle Kohlmeier, Lutinski Lutinski, Rob Mahini, Suzanne Wachsstock
In-House Counsel Roundtable: Competition And Other Issues In A Pandemic Environment, Karen Hoffman Lent, Gabrielle Kohlmeier, Lutinski Lutinski, Rob Mahini, Suzanne Wachsstock
Fordham Competition Law Institute
No abstract provided.
Plenary Networking Event And Fireside Chat, James Keyte, Frédéric Jenny
Plenary Networking Event And Fireside Chat, James Keyte, Frédéric Jenny
Fordham Competition Law Institute
No abstract provided.
Welcome And Keynote Address, James Keyte
Welcome And Keynote Address, James Keyte
Fordham Competition Law Institute
No abstract provided.
Plenary Networking Event And Fireside Chat, James Keyte, William Kovacic, Barry E. Hawk
Plenary Networking Event And Fireside Chat, James Keyte, William Kovacic, Barry E. Hawk
Fordham Competition Law Institute
No abstract provided.
Panel 2: Merger Issues — A Global Perspective, Josh Soven, Isabelle De Silva, Daniel Francis, D. Bruce Hoffman, Axel Schulz
Panel 2: Merger Issues — A Global Perspective, Josh Soven, Isabelle De Silva, Daniel Francis, D. Bruce Hoffman, Axel Schulz
Fordham Competition Law Institute
No abstract provided.
Panel 1: Tech, Platform, And Privacy — What The Future Holds, Renata Hesse, Cani Fernández, Bernard (Barry) Nigro, Jr., Sean Royall, Koren Wong-Ervin
Panel 1: Tech, Platform, And Privacy — What The Future Holds, Renata Hesse, Cani Fernández, Bernard (Barry) Nigro, Jr., Sean Royall, Koren Wong-Ervin
Fordham Competition Law Institute
No abstract provided.
Welcome And Keynote Address, James Keyte
Welcome And Keynote Address, James Keyte
Fordham Competition Law Institute
No abstract provided.
Panel 2: Understanding Network Effects In The Platform Context, Mike Cragg, Rosa Abrantes-Metz, Evan Chesler, Lars Kjølbye, Kai-Uwe Kühn
Panel 2: Understanding Network Effects In The Platform Context, Mike Cragg, Rosa Abrantes-Metz, Evan Chesler, Lars Kjølbye, Kai-Uwe Kühn
Fordham Competition Law Institute
No abstract provided.
Panel 1: Econometrics And Modeling For Mergers Globally, Renée Duplantis, Konstantin Ebinger, Thorsten Mäger, Loren Smith, Justin Stewart-Teitelbaum
Panel 1: Econometrics And Modeling For Mergers Globally, Renée Duplantis, Konstantin Ebinger, Thorsten Mäger, Loren Smith, Justin Stewart-Teitelbaum
Fordham Competition Law Institute
No abstract provided.
Heads Of Authority Q&A, James Keyte, Andrea Coscelli, Isabelle De Silva, Cani Fernández, Olivier Guersent, Margarida Matos Rosa, Gabriella Muscolo, Christine Wilson
Heads Of Authority Q&A, James Keyte, Andrea Coscelli, Isabelle De Silva, Cani Fernández, Olivier Guersent, Margarida Matos Rosa, Gabriella Muscolo, Christine Wilson
Fordham Competition Law Institute
No abstract provided.
Welcome And Opening Remarks; Conflicting Decisions In Pharmaceutical Class Certification, James Keyte, George Korenko, Jeffrey C. Bank, Justin Bernick, Danielle R. Foley, Tram Nguyen
Welcome And Opening Remarks; Conflicting Decisions In Pharmaceutical Class Certification, James Keyte, George Korenko, Jeffrey C. Bank, Justin Bernick, Danielle R. Foley, Tram Nguyen
Fordham Competition Law Institute
No abstract provided.
Remarks, Lowell Beck
Remarks, Jason Berman
Remarks, Akhil Reed Amar
The Twenty-Fifth Amendment—In The Words Of Birch Bayh, Its Principal, John D. Feerick
The Twenty-Fifth Amendment—In The Words Of Birch Bayh, Its Principal, John D. Feerick
Fordham Law Review
No abstract provided.
Birch Bayh And The Twenty-Fifth Amendment: Lessons In Leadership, Joel K. Goldstein
Birch Bayh And The Twenty-Fifth Amendment: Lessons In Leadership, Joel K. Goldstein
Fordham Law Review
No abstract provided.
Healing A Fractured Preemption Doctrine: The Impact Of Merck Sharp & Dohme Corp. V. Albrecht On Impossibility Preemption Defenses, Elizabeth Marley
Healing A Fractured Preemption Doctrine: The Impact Of Merck Sharp & Dohme Corp. V. Albrecht On Impossibility Preemption Defenses, Elizabeth Marley
Fordham Law Review
Patient safety depends on tort litigation to identify a brand-name drug’s undisclosed risks, illuminate flaws in a drug’s design, and raise concerns that a drug requires further study before it is safe for patient use. However, since the U.S. Supreme Court’s landmark decision in Wyeth v. Levine, which permitted the plaintiff to move forward but recognized an in-principle impossibility preemption defense, drug manufacturers have shielded themselves from liability under a range of circumstances. Under this defense, federal law preempts state law tort actions against brand-name drug manufacturers in any court across the country. Yet, the scope of the impossibility preemption …
Action, Affiliation, And A Duty Of Care: Physicians’ Liability In Nontraditional Settings, Saniya Suri
Action, Affiliation, And A Duty Of Care: Physicians’ Liability In Nontraditional Settings, Saniya Suri
Fordham Law Review
As healthcare delivery options drastically expand and change, patients and physicians continue to interact in unique ways. These interactions have become more complex and unconventional, challenging courts to establish whether a duty of care exists between the physician and patient in these new situations. Courts that answer this duty question affirmatively do so either by applying a more capacious understanding of the traditional physicianpatient relationship or by deeming foreseeability of harm and reliance sufficient under certain circumstances, even in the absence of an actual physician-patient relationship. This Note investigates this unresolved duty question in two contexts: curbside consultations—when a physician …
Foreword, John D. Feerick, John Rogan
Remarks, Pj Mode
Secret Faits Accomplis: Declination Decisions, Nonprosecution Agreements, And The Crime Victim’S Right To Confer, Zulkifl M. Zargar
Secret Faits Accomplis: Declination Decisions, Nonprosecution Agreements, And The Crime Victim’S Right To Confer, Zulkifl M. Zargar
Fordham Law Review
The state’s monopoly power over the institution of prosecution is a feature as familiar as any in the American criminal justice system. That the criminal proceeding is between the state and the defendant leaves little doubt as to the identities of the victimized interest and the offender. But, in avenging societal harm alone, the criminal process treats another victim—the crime victim— as an outcast. Beginning in the 1970s, the victim’s rights movement mobilized to address this institutional neglect, and, by most accounts, it has triumphed. Federal and state victim’s rights laws now empower victims to attend criminal proceedings, deliver impact …