Law Commons^™

El Gran Ausente De Las Discusiones Laborales: La Migración, Jennifer Gordon

Faculty Scholarship

No abstract provided.

British Home Stores Collapse: The Case For An Employee Derivative Claim, Neshat Safari, Martin Gelter

Faculty Scholarship

British Home Stores collapsed led 11,000 employees to lose their jobs and faced substantial cuts to their pension with a £571 million pension deficit. In light of the BHS scandal, the UK Government has proposed a set of corporate governance reforms to strengthen the employee voice. Although the government’s approach towards strengthening the employees’ protection is well intentioned, we argue that without providing a derivative claim right for employees, these measures will likely have little impact in practice. Hence we suggest that to safeguard the employees’ interest in the company and to enhance the overall protection of the company, in …

The Games They Will Play: Tax Games, Roadblocks, And Glitches Under The 2017 Tax Legislation, David Kamin, David Gamage, Ari Glogower, Rebecca Kysar, Darien Shanske, Reuven Aviyonah, Lily Batchelder, J. Clifton Fleming, Daniel Hemel, Mitchell Kane, David Miller, Daniel Shaviro, Manoj Viswanathan

Faculty Scholarship

No abstract provided.

Unraveling The Tax Treaty, Rebecca Kysar

Faculty Scholarship

Coordination among nations over the taxation of international transactions rests on a network of some 2,000 bilateral double tax treaties. The double tax treaty is, in many ways, the roots of the international system of taxation. That system, however, is in upheaval in the face of globalization, technological advances, taxpayer abuse, and shifting political tides. In the academic literature, however, scrutiny of tax treaties is largely confined to the albeit important question of whether tax treaties are beneficial for developing countries. Surprisingly little consideration has been paid to whether developed countries, like the United States, should continue to sign tax …

How Should Organizations Support Trainees In The Face Of Patient Bias?, Kimani Paul-Emile

Faculty Scholarship

Some patients degrade, belittle, or harass clinicians and students based on their social identity characteristics, such as their race, gender, ethnicity, or religion. Some patients even refuse care. While this kind of behavior is difficult for all health care workers, it presents unique challenges for trainees. This article offers concrete protocols for supporting trainees when such patient encounters occur, including assessment, debriefing with affected staff, convening team meetings, event tracking, data collection, and initiating organizational cultural changes.

Fiduciary Constitutionalism: Implications For Self- Pardons And Non-Delegation, Ethan J. Leib, Jed H. Shugerman

Faculty Scholarship

The idea that public servants hold their offices in trust for subject-beneficia-ries and that a sovereign’s exercise of its political power must be constrained by fiduciary standards—like the duties of loyalty and care—is not new. But scholars are collecting more and more evidence that the framers of the U.S. Constitution may have sought to constrain public power in ways that we would today call fiduciary. In this article, we explore some important legal conclu-sions that follow from fiduciary constitutionalism.

After developing some historical links between private fiduciary instruments and state and federal constitutions, we opine on what a fiduciary constitution …

Five Myths About Prison, John F. Pfaff

Faculty Scholarship

No abstract provided.

Deconstitutionalizing Dewey, Aaron J. Saiger

Faculty Scholarship

No abstract provided.

Maps: Scaling Privacy Compliance Analysis To A Million Apps, Sebastian Zimmeck, Peter Story, Daniel Smullen, Abhilasha Ravichander, Ziqi Wang, Joel R. Reidenberg, N. Cameron Russell, Norman Sadeh

Faculty Scholarship

The app economy is largely reliant on data collection as its primary revenue model. To comply with legal requirements, app developers are often obligated to notify users of their privacy practices in privacy policies. However, prior research has suggested that many developers are not accurately disclosing their apps’ privacy practices. Evaluating discrepancies between apps’ code and privacy policies enables the identification of potential compliance issues. In this study, we introduce the Mobile App Privacy System (MAPS) for conducting an extensive privacy census of Android apps. We designed a pipeline for retrieving and analyzing large app populations based on code analysis …

Early Childhood Development And The Replication Of Poverty, Clare Huntington

Faculty Scholarship

Traditional understandings of federalism suggest that states are likely to take varying approaches to important policy questions, particularly in areas as sensitive as family law. And indeed, there are patterns of convergence and divergence in state approaches to supporting early childhood development. Surprisingly, however, the divergences do not always follow predictable political lines. These similarities and differences raise a puzzle that deserves attention by scholars and advocates.

In the United States, differences in early childhood play a key role in replicating poverty. Clear evidence establishes that child development in the first five years of life lays essential groundwork for future …

Risk-Averse Contract Interpretation, Aditi Bagchi

Faculty Scholarship

No abstract provided.

The New State Preemption, The Future Of Home Rule, And The Illinois Experience, Nestor M. Davidson, Laurie Reynolds

Faculty Scholarship

This article examines the rise of new forms of state preemption of local government legal authority in states across the nation, a trend that is prompting scholars, advocates, and officials to re-examine the underlying nature of home rule. The article lays out core components of a new approach to home rule that might remedy contemporary shortcomings in the doctrine, then reflects on lessons for reforming home rule from the Illinois experience.

Recovering Tech's Humanity, Olivier Sylvain

Faculty Scholarship

No abstract provided.

State Punishment And Meaning In Life, Youngjae Lee

Faculty Scholarship

No abstract provided.

A Second Step Act For The States (And Counties And Cities), John F. Pfaff

Faculty Scholarship

No abstract provided.

Apis And Your Privacy, N. Cameron Russell

Faculty Scholarship

Application programming interfaces, or APIs, have been the topic of much recent discussion. Newsworthy events, including those involving Facebook’s API and Cambridge Analytica obtaining information about millions of Facebook users, have highlighted the technical capabilities of APIs for prominent websites and mobile applications. At the same time, media coverage of ways that APIs have been misused has sparked concern for potential privacy invasions and other issues of public policy. This paper seeks to educate consumers on how APIs work and how they are used within popular websites and mobile apps to gather, share, and utilize data.

APIs are used in …

Why Corporate Attorneys And Other Gatekeepers Should Consider Esg And Sustainability Principles, Beth Haddock, Tucker Pribor, Kate Starr

Fordham Environmental Law Review

No abstract provided.

The Role Of The Chief Executive Officer In Firm Environmental Decisions, Timothy D. Hubbard

Fordham Environmental Law Review

No abstract provided.

Foreword, Matthew Diller

Fordham Law Review

In 2012 our colleague Robert J. Kaczorowski published Fordham University School of Law: A History. As we read Bob’s book, discussed it, and thought about it, we realized emphatically that it not only synthesized the history of Fordham Law School in a superbly illuminating way, but that it is one of the best books to date on the history of twentieth-century legal education in America. It compellingly tells the story of American legal education through the lens of an urban law school founded to expand access to the legal profession for groups that had been shut out of the …

Subsidiarity And Federalism: The Relationship Between Law Schools And Their Universities, John Sexton

Fordham Law Review

In his book on the history of Fordham University School of Law, Bob Kaczorowski does not take an explicit position on how decision-making authority on matters ranging from resource utilization to curriculum development should be allocated between a law school and its university. Rather, he offers in detail a story and extensive evidence that tends to reflect and support the view traditionally taken by the American Bar Association (ABA), the vast majority of law faculty, and most law school deans on the subject: listen, you folks over there at the university—we know what we are doing, so just leave us …

Standing For Everyone: Sierra Club V. Morton, Supreme Court Deliberations, And A Solution To The Problem Of Environmental Standing, Scott W. Stern

Fordham Environmental Law Review

No abstract provided.

The Affordable Clean Energy Rule And The Past, Present And Future Of Climate Change Regulation Of The U.S. Power Industry, David Zilberberg

Fordham Environmental Law Review

No abstract provided.

Reaching The Individual: A Proposed Federal Framework To Reduce Community-Based Greenhouse Gas Emissions, Rachel Manning

Fordham Environmental Law Review

No abstract provided.

The Bureau Of Land Management's Infirm Compensatory Mitigation Policy, Justin Pidot

Fordham Environmental Law Review

Secretary of the Interior Ryan Zinke has described “compensatory mitigation” as “un-American” and “extortion.” In keeping with that view, on July 26, 2018, the Bureau of Land Management (“BLM”) adopted a radical new policy that disclaims statutory authority to impose compensatory mitigation measures.

Notwithstanding the aspersions the Secretary has cast, compensatory mitigation is a common-sense policy instrument that has been a mainstay of environmental and public lands policy for decades. It is a tool through which an agency authorizing private activities—drilling oil wells, filling wetlands—conditions its approval upon the implementation of measures to offset attendant environmental harms. Compensatory mitigation thereby …

A Conversation With The Honorable Rosalie Silberman Abella And Dean Matthew Diller, Rosalie Silberman Abella, Matthew Diller

Fordham Law Review

DEAN MATTHEW DILLER: This year we are leading up to our celebration of 100 Years of Women at Fordham Law School. In September 1918, the Fordham Law faculty voted to admit women, and we are planning to celebrate that in style. But tonight perhaps is a bit of a teaser for that. Justice Rosalie Silberman Abella is a woman of firsts. She is the first Jewish woman to sit on the bench of the Supreme Court of Canada, and before the Supreme Court, when she was appointed to the Ontario Family Court in 1976, she became the first Jewish woman …

Women In The Legal Academy: A Brief History Of Feminist Legal Theory, Robin West

Fordham Law Review

Women’s entry into the legal academy in significant numbers—first as students, then as faculty—was a 1970s and 1980s phenomenon. During those decades, women in law schools struggled: first, for admission and inclusion as individual students on a formally equal footing with male students; then for parity in their numbers in classes and on faculties; and, eventually, for some measure of substantive equality across various parameters, including their performance and evaluation both in and in front of the classroom, as well as in the quality of their experiences as students and faculty members and in the benefits to be reaped from …

Executive Power, Drone Executions, And The Due Process Rights Of American Citizens, Jonathan G. D'Errico

Fordham Law Review

Few conflicts have tested the mettle of procedural due process more than the War on Terror. Although fiery military responses have insulated the United States from another 9/11, the Obama administration’s 2011 drone execution of a U.S. citizen allegedly associated with al-Qaeda without formal charges or prosecution sparked public outrage. Judicial recognition that this nonbattlefield execution presented a plausible procedural due process claim ignited questions which continue to smolder today: What are the limits of executive war power? What constitutional privileges do American citizens truly retain in the War on Terror? What if the executive erred in its judgment and …

Fordham University School Of Law: A Case Study Of Legal Education In Twentieth-Century America, Robert J. Kaczorowski

Fordham Law Review

This paper focuses on three themes that shaped legal education in twentieth-century America and roughly organizes the topics of this conference. These themes emerged when I was researching and writing the history of Fordham University School of Law. Consequently, I will discuss Fordham’s history as a case study focused on the following themes: 1. The importance of university relations and funding to enhancing the quality of a law school; 2. The importance of scholarship and the changing nature of scholarship in legal education; and 3. The importance of diversity and the changing nature of diversity in legal education.

History And Harvard Law School, Bruce A. Kimball, Daniel R. Coquillette

Fordham Law Review

In their seminal article, Alfred Konefsky and John Henry Schlegel saw institutional histories of law schools as the graveyard of academic reputations. So why write institutional histories? Due to the leadership of Robert Kaczorowski and William Nelson, and the generosity of Fordham University School of Law and New York University School of Law, an important conference took place between July 2 and July 4, 2018, at New York University’s Villa La Pietra outside of Florence. The purpose was to encourage good institutional history and to define its value. We had recently published the first volume of a new history of …

The Importance Of Scholarship To Law School Excellence, William E. Nelson

Fordham Law Review

As we have learned from Dan Coquillette, Bob Kaczorowski, and John Sexton, access to substantial funding is undoubtedly a prerequisite for a law school to enjoy excellence. Funding, that is, is a necessary, but not sufficient condition for excellence. Something else—intellectual vision—is also required.