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Articles 1231 - 1260 of 13354
Full-Text Articles in Law
Breaking Bivens?: Falsification Claims After Ziglar V. Abassi And Reframing The Modern Bivens Doctrine, Alex Langsam
Breaking Bivens?: Falsification Claims After Ziglar V. Abassi And Reframing The Modern Bivens Doctrine, Alex Langsam
Fordham Law Review
The U.S. Supreme Court’s 2017 decision in Ziglar v. Abassi purported to clarify the role of the judiciary in inferring Bivens suits directly from the Constitution, rather than a federal statute. Despite this effort, uncertainty has plagued the lower courts. While the Court’s recent Bivens jurisprudence has focused on issues concerning national security, uncertainty also persists in Bivens claims in other domains. This Note examines Bivens claims seeking damages for constitutional violations by law enforcement agents who falsify evidence, lie to procure a search warrant, and commit other similar acts of misconduct. After recognizing a broad, unacknowledged circuit split on …
Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit
Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit
Fordham Law Review
Discrimination during voir dire remains a critical impediment to empaneling juries that reflect the diversity of the United States. While various solutions have been proposed, scholars have largely overlooked ethics rules as an instrument for preventing discriminatory behavior during jury selection. Focusing on American Bar Association Model Rule of Professional Conduct 8.4(g), which regulates professional misconduct, this Article argues that ethics rules may, under certain conditions, deter the exclusionary practices of legal actors. Part I examines the specific history, evolution, and application of revised Model Rule 8.4(g). Part II delves into the ways that ethics rules in general, despite their …
Evidence-Based Promulgation: The Rulemaking Process For Rules Of Professional Conduct, Emily S. Taylor Poppe
Evidence-Based Promulgation: The Rulemaking Process For Rules Of Professional Conduct, Emily S. Taylor Poppe
Fordham Law Review
This Article proceeds in three parts. Part I considers variation in the rule promulgation process across the states. Part II identifies ways in which the promulgation process might be reformed on the basis of empirical evidence. Part III considers the potential benefits and limitations to this approach and is followed by a brief conclusion
Monopolizing Free Speech, Gregory Day
Monopolizing Free Speech, Gregory Day
Fordham Law Review
The First Amendment prevents the government from suppressing speech, though individuals can ban, chill, or abridge free expression without offending the Constitution. Hardly an unintended consequence, Justice Oliver Wendell Holmes famously likened free speech to a marketplace where the responsibility of rejecting dangerous, repugnant, or worthless speech lies with the people. This supposedly maximizes social welfare on the theory that the market promotes good ideas and condemns bad ones better than the state can. Nevertheless, there is a concern that large technology corporations exercise unreasonable power in the marketplace of ideas. Because “big tech’s” ability to abridge speech lacks constitutional …
Reasoned Decision-Making For Ethics Regulation, John S. Dzienkowski, John M. Golden
Reasoned Decision-Making For Ethics Regulation, John S. Dzienkowski, John M. Golden
Fordham Law Review
Many lawyers and scholars have criticized the ethics rules developed by the organized legal profession to regulate the practice of law. Complaints about processes for generating new ethics rules and ethics opinions interpreting ethics rules commonly reflect concerns about failures to engage in reasoned decision-making. Rationales for the proposed rules or the opinions proffered by bar associations, courts, or agencies are often incomplete or inadequately supported, and one must imagine that the quality of resulting rules or their interpretations often suffers. We argue that administrative law provides a model for how courts can address such concerns—a model that courts, both …
The Race To The Top To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
The Race To The Top To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
Fordham Law Review
This Essay offers an unconventional approach to detering prosecutorial misconduct. Trial judges should use their inherent authority to forbid prosecutors from appearing and handling cases in their courtrooms until the prosecutors have completed training on Brady v. Maryland, Batson v. Kentucky, and other types of prosecutorial misconduct. If a single trial judge in a medium-sized or large jurisdiction imposes training prerequisites on prosecutors, it could set off a race to the top that encourages other judges to adopt similar (or perhaps even more rigorous) training requirements. A mandate that prosecutors receive ethics training before handling any cases is comparable to …
Judicial Ethics In The #Metoo World, Renee Knake Jefferson
Judicial Ethics In The #Metoo World, Renee Knake Jefferson
Fordham Law Review
This Article examines the judicial role in professional ethics regulation through the lens of the judiciary’s own self-governance on sexual misconduct. The #MeToo movement exposed the long-enduring silence of the courts. Headlines featured judges like Alex Kozinski, who retired from the Ninth Circuit in 2018 after numerous former clerks went to the media with credible allegations of sexual misconduct. In 2019, at the instruction of Chief Justice Roberts, the federal judiciary amended the Code of Conduct for United States Judges to make clear that misconduct includes unwanted, offensive, or abusive sexual conduct and to include protections for those who report …
State Court Diversity And Attorney Discipline, Nancy Leong
State Court Diversity And Attorney Discipline, Nancy Leong
Fordham Law Review
State supreme courts are the ultimate arbiters of attorney behavior for members of the state bar. While state supreme courts generally oversee an office of attorney regulation that handles the intake, investigation, and some adjudication of disciplinary complaints, each state supreme court is potentially the final decision maker regarding possible sanctions for attorney behavior. In many states, however, the state supreme court bar is substantially less diverse along lines of race and gender than the state bar it regulates
Judges' Ethical Duties To Ensure Fair Treatment Of Indigent Parties, Tom Lininger
Judges' Ethical Duties To Ensure Fair Treatment Of Indigent Parties, Tom Lininger
Fordham Law Review
In this Essay, I will argue that the American Bar Association (ABA) Model Code of Judicial Conduct (“the Model Code”) should more squarely address the challenges faced by low-income litigants. Amendments should make clear that judges have a duty to ensure the fair treatment of the indigent in the U.S. legal system.
How Should We License Lawyers?, Cassandra Burke Robertson
How Should We License Lawyers?, Cassandra Burke Robertson
Fordham Law Review
What would a licensing regime designed around client protection look like? This Article proposes that it would include a narrower but more active judicial role. A one-size-fits-all exam would no longer control entry into the profession. The state judiciary would not be the gatekeeper for the entire legal profession; instead, its licensing role would focus on those attorneys who represent individual clients in court and those who manage client funds. But for this subset of lawyers, state judges should take a larger and more active role in overseeing the transition from student to advocate and should require greater practice readiness …
Judge's And The Deregulation Of The Lawyer's Monopoly, Jessica K. Steinberg, Et Al.
Judge's And The Deregulation Of The Lawyer's Monopoly, Jessica K. Steinberg, Et Al.
Fordham Law Review
Drawing on original data from a cross-jurisdictional investigation of the civil justice landscape, this Article shows how some judges—mired in the pro se crisis—are relying on a shadow network of nonlawyer professionals to substitute for the role counsel has traditionally played. Focusing on domestic violence courts as the primary illustration, we find that even in jurisdictions not currently contemplating regulatory reform, judges are relying on organized nonlawyer actors to prepare pleadings, offer substantive and procedural information to litigants, and provide counseling services. These nonlawyer advocates play a significant role in shaping the facts and arguments presented to the judge, which …
(In)Formal Marriage Equality, Michael J. Higdon
(In)Formal Marriage Equality, Michael J. Higdon
Fordham Law Review
In 2015, same-sex couples throughout the United States obtained formal marriage equality. But is the prospective ability to obtain marriage licenses sufficient to achieve Obergefell v. Hodges’s promise of equality? What about individuals whose same-sex relationship did not survive—either through death or dissolution—to see marriage equality become the law of the land? Or those couples who did ultimately wed but now have a marriage that appears to be artificially short when considering just how long the couple has actually been together in a marriage-like relationship? With marriage benefits conditioned not only on the fact of marriage but also the length …
Small Town, Inc.: Mischief At The Margins Of Municipal Incorporation, Robert L. Bentlyewski
Small Town, Inc.: Mischief At The Margins Of Municipal Incorporation, Robert L. Bentlyewski
Fordham Law Review
When a state creates a municipality or alters the boundaries of an existing one, there usually is little to no opportunity for judicial review of the decision. Under the centuries-old rule of construction known as Dillon’s Rule, courts consider municipal boundary making to be strictly a political matter best left to state legislatures. This sweeping deference creates opportunities for special interests or politically powerful communities to segregate towns and schools, isolate vulnerable communities, or otherwise manipulate boundaries to hoard the benefits of local government. Courts will only intervene and deem an incorporation void if the action brazenly violates a constitutional …
The Flsa's Bristol-Myers Squibb Problem, Adam Drake
The Flsa's Bristol-Myers Squibb Problem, Adam Drake
Fordham Law Review
Three years after Bristol-Myers Squibb Co. v. Superior Court, in which the U.S. Supreme Court held that a California state court lacked personal jurisdiction over the claims of out-of-state plaintiffs, the ultimate scope of the holding remains unclear. Having reasoned that permitting jurisdiction over out-of-state plaintiffs’ claims would infringe on the sovereignty of those plaintiffs’ home states, the Court left open the question whether its holding applies to out-of-state plaintiffs in federal causes of action. Predictably, defendants have subsequently argued that the Court’s decision in Bristol-Myers Squibb applies to federal causes of action and bars federal courts from exerting …
Chief Justice Roberts's Hard Look Review, Nikol Oydanich
Chief Justice Roberts's Hard Look Review, Nikol Oydanich
Fordham Law Review
The U.S. Supreme Court’s 1983 decision in Motor Vehicle Manufacturers Ass’n v. State Farm Mutual Automobile Insurance Co. announced a framework for judicial review of agency actions that are challenged as arbitrary and capricious. The decision, however, left two significant questions unresolved: How much political influence in agency decisionmaking is too much to fail judicial review? And may a reviewing court scrutinize the agency’s substantive policy choice or not? This Note argues that Department of Commerce v. New York and Department of Homeland Security v. Regents of the University of California—the Court’s most recent applications of State Farm—settle …
Conference On Best Practices For Managing Daubert Questions
Conference On Best Practices For Managing Daubert Questions
Fordham Law Review
Most of our faculty have meaningful disciplinary training outside of law including doctrinal training in multiple fields. Our faculty holds secondary appointments in many schools and departments on campus including biology, chemistry, economics, history, management, medicine, political science, psychiatry, radiology, and sociology, and we are home to a unique PhD program in law and economics, as well as a law and neuroscience program funded by the MacArthur Foundation. As a school, we therefore believe we are a logical host for you and your work, and we are thrilled that you are here with us. And speaking personally, I’m particularly pleased …
Is There A Right To Tweet At Your President?, Nick Reade
Is There A Right To Tweet At Your President?, Nick Reade
Fordham Law Review
The U.S. Supreme Court has developed the public forum doctrine to protect the First Amendment rights of speakers in places of assembly and expression. The doctrine facilitates free expression by restricting the government’s ability to discriminate against or regulate speech in state- controlled public forums. In 2019, two federal courts of appeals extended the doctrine to protect speakers who express themselves in the interactive spaces that elected politicians control on their personal social media accounts. In Davison v. Randall, the Fourth Circuit held that a local official’s Facebook page was a public forum and, therefore, the official could neither …
A Crack In The Armor?: How The Reforms To The New York State Human Rights Law May Expose Weaknesses In Civil Rape Shield Laws, Candace Mashel
A Crack In The Armor?: How The Reforms To The New York State Human Rights Law May Expose Weaknesses In Civil Rape Shield Laws, Candace Mashel
Fordham Law Review
Civil rape shield laws exist to protect victims of sexual misconduct from unwarranted intrusions into their private lives as they litigate their claims. Gaps in current federal and New York State civil rape shield laws, however, mean that victims of sexual misconduct still experience significant privacy intrusions during litigation. These intrusions may have the effect of deterring victims from coming forward. Part of the reason that these gaps exist, however, is to ensure that defendants are given a fair opportunity to assert defenses. In 2019, New York revised the New York State Human Rights Law to make it easier for …
Casting Light On The Shade: Using Securities Laws To Draw New Contours In Art Investment Regulation, Emma Snover
Casting Light On The Shade: Using Securities Laws To Draw New Contours In Art Investment Regulation, Emma Snover
Fordham Law Review
The disparate treatment of art investments under the Internal Revenue Code and the Securities Exchange Act of 1934 poses a problem. This disparity generates inequities among art investors and between art investors and investors in traditional securities markets. The Internal Revenue Code considers both art and traditional securities to be capital assets with no material distinction. For example, prior to the 2017 tax act, art investors could defer the realization of capital gains through like-kind exchanges of works of art under section 1031 of the Internal Revenue Code. Currently, under section 1400Z-2, an addition to the Internal Revenue Code through …
Pro Se, No Say?: The Impact Of Presumptive Mediation In The New York State Court System On Self-Represented Litigants, Sarah Konnerth
Pro Se, No Say?: The Impact Of Presumptive Mediation In The New York State Court System On Self-Represented Litigants, Sarah Konnerth
Fordham Law Review
In May 2019, the New York State Unified Court System announced its plan to refer all civil cases to various forms of alternative dispute resolution at the earliest stage of litigation. The presumptive alternative dispute resolution initiative aims to decrease costs associated with litigation, improve case outcomes, and reduce case delays. In the context of mediation, litigants, both represented and self-represented, may be seated across from each other at a table to discuss their disputes with the assistance of a neutral third party. This Note examines mediation and discusses the policy implications of a presumptive mechanism for pro se parties. …
Safe & Environmentally Sound Recycling Of Ships: A Stocktaking Of The Current State Of International Law, Ishtiaque Ahmed
Safe & Environmentally Sound Recycling Of Ships: A Stocktaking Of The Current State Of International Law, Ishtiaque Ahmed
Fordham Environmental Law Review
Ship-breaking is one of the most dangerous occupations in the world and widely known as a pollution-heavy industry. This industry is currently concentrated primarily in three South Asian developing countries, namely Bangladesh, India and Pakistan. Ensuring the safe and environmentally sound recycling of ships remains a global concern. There are many international regulations which apply to the activities of ship-breaking, but none of them address the issue in a comprehensive manner. The most relevant international instrument governing ship recycling, the 2009 Hong Kong Convention remains unenforceable due to non-ratification by the chief ship recycling states. The only enforceable international instrument …
Conducting 50-State Survey Research: Lessons Learned Through Criminal Justice Research, Janet Kearney
Conducting 50-State Survey Research: Lessons Learned Through Criminal Justice Research, Janet Kearney
Staff Publications
No abstract provided.
Documenting The Pandemic: Libraries Launch Covid-19 Archival Projects, Jennifer Dixon
Documenting The Pandemic: Libraries Launch Covid-19 Archival Projects, Jennifer Dixon
Staff Publications
No abstract provided.
Equipping First-Year Students For Remote Success, Jennifer Dixon
Equipping First-Year Students For Remote Success, Jennifer Dixon
Staff Publications
No abstract provided.
In Second Pandemic Wave, College Libraries Again Adjust To Shutdowns, Jennifer Dixon
In Second Pandemic Wave, College Libraries Again Adjust To Shutdowns, Jennifer Dixon
Staff Publications
No abstract provided.
Reopening Libraries: Campus Concerns, Jennifer Dixon
Reopening Libraries: Campus Concerns, Jennifer Dixon
Staff Publications
No abstract provided.
Tulane University Acquires Archives Of Anne Rice— New Orleans Novelist Of Vampires And Witches, Jennifer Dixon
Tulane University Acquires Archives Of Anne Rice— New Orleans Novelist Of Vampires And Witches, Jennifer Dixon
Staff Publications
No abstract provided.
Protecting Against An Unable President: Reforms For Invoking The 25th Amendment And Overseeing Presidential Nuclear Launch Authority, Louis Cholden-Brown, Daisy De Wolff, Marcello Figueroa, Kathleen Mccullough
Protecting Against An Unable President: Reforms For Invoking The 25th Amendment And Overseeing Presidential Nuclear Launch Authority, Louis Cholden-Brown, Daisy De Wolff, Marcello Figueroa, Kathleen Mccullough
Reports
The immense powers of the presidency and the vast array of global threats demand a physically and mentally capable president. To help ensure able presidential leadership, this report advocates reforms related to the 25th Amendment, including proposals for an “other body” to act with the vice president in certain circumstances to declare the president unable and a mechanism for officials to report concerns about the president’s capacity. The report also recommends new checks on the president’s authority to use nuclear weapons, such as procedures for notifying top national security officials when use is contemplated.
This report was researched and written …
Judith S. Kaye In Her Own Words: Reflections On Life And The Law, With Selected Judicial Opinions And Articles, Jennifer Dixon
Judith S. Kaye In Her Own Words: Reflections On Life And The Law, With Selected Judicial Opinions And Articles, Jennifer Dixon
Staff Publications
No abstract provided.
Find Your Focus: What Kind Of Librarian Should You Be?, Jennifer Dixon
Find Your Focus: What Kind Of Librarian Should You Be?, Jennifer Dixon
Staff Publications
No abstract provided.