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Articles 1741 - 1770 of 13354
Full-Text Articles in Law
Watching Big Brother: A Citizen’S Right To Record Police, Vincent Nguyen
Watching Big Brother: A Citizen’S Right To Record Police, Vincent Nguyen
Fordham Intellectual Property, Media and Entertainment Law Journal
Due to growing technological advances and the ubiquity of mobile phones, it has become increasingly common for citizens to use these devices to photograph and record events. Though largely uncontroversial, when used to record public police activity, some citizens have been arrested and charged under state wiretapping r eavesdropping statutes. Over time, various circuit courts have held that this right to record public police actions is a protected activity. Most recently, however, the U.S. Court of Appeals for the Eighth Circuit affirmed a lower court decision, which held that this act of recording is unprotected, thereby exemplifying how circuit courts …
University Trademarks And “Mixed Speech” On College Campuses: A Case Study Of Gerlich V. Leath And Student Free Speech Rights, Nathan Converse
University Trademarks And “Mixed Speech” On College Campuses: A Case Study Of Gerlich V. Leath And Student Free Speech Rights, Nathan Converse
Fordham Intellectual Property, Media and Entertainment Law Journal
Higher education has long been a fundamental building block upon which American democracy is based. The guarantee of free speech is itself a revered liberty in the American polity; it has, in turn, served as the catalyst for higher education. Recent events on college campuses continue to reexamine universities’ role in their students’ education and push the legal boundaries on student speech rights. In many instances, however, students’ speech and expressive viewpoint conflicts with that of other students. Other times, students’ speech conflicts with the expressive interests of their university. This Article examines the latter instance in the context of …
Foreword, Robin A. Lenhardt, Tanya K. Hernandez, Kimani Paul-Emile
Foreword, Robin A. Lenhardt, Tanya K. Hernandez, Kimani Paul-Emile
Fordham Law Review
This Foreword provides an overview of Fifty Years of Loving v. Virginia and the Continued Pursuit of Racial Equality, a symposium hosted by the Fordham Law Review and cosponsored by the Fordham Law School Center on Race, Law & Justice. Even fifty years later, Loving provides ample foundation for an inquiry into the operation of race and racial inequality in the United States, which touches on the queries outlined above, as well as many others. In our view, a symposium focused on Loving makes a significant contribution by deepening scholarly analysis of that decision and by explicating the kinds of …
When A Wrongful Birth Claim May Not Be Wrong: Race, Inequality, And The Cost Of Blackness, Kimani Paul-Emile
When A Wrongful Birth Claim May Not Be Wrong: Race, Inequality, And The Cost Of Blackness, Kimani Paul-Emile
Fordham Law Review
The year 2017 marked the fiftieth anniversary of the Loving v. Virginia decision, in which a unanimous U.S. Supreme Court struck down as unconstitutional laws prohibiting interracial marriage. Today, when we consider interracial loving, we tend to envision romantic relationships. What is often overlooked, however, is the relationship between parent and child: among the most intimate of relationships. A primary reason for this oversight may be that we do not often conceptualize the parent and child relationship as an interracial space. Indeed, although most people select their romantic partners, few are afforded the opportunity to select their children outside of …
Class Problem!: Why The Inconsistent Application Of Rule 23'S Class Certification Requirements During Overbreadth Analysis Is A Threat To Litigant Certainty, David I. Berman
Fordham Law Review
Rule 23 of the Federal Rules of Civil Procedure is home to the class action device. It is well-documented that this rule significantly impacts our legal system. As a result, the need for its effective utilization has been apparent since its introduction. Despite this, federal courts have inconsistently applied the rule during their analyses of overbroad class definitions at the class certification stage. Consequently, parties involved in such litigation have been exposed to unnecessary costs and the potential for forum shopping. Nonetheless, this judicial inconsistency has gone largely unrecognized because it does not implicate the results of class certification. Hence, …
The Intuitive Appeal Of Explainable Machines, Andrew D. Selbst, Solon Barocas
The Intuitive Appeal Of Explainable Machines, Andrew D. Selbst, Solon Barocas
Fordham Law Review
Algorithmic decision-making has become synonymous with inexplicable decision-making, but what makes algorithms so difficult to explain? This Article examines what sets machine learning apart from other ways of developing rules for decision-making and the problem these properties pose for explanation. We show that machine learning models can be both inscrutable and nonintuitive and that these are related, but distinct, properties. Calls for explanation have treated these problems as one and the same, but disentangling the two reveals that they demand very different responses. Dealing with inscrutability requires providing a sensible description of the rules; addressing nonintuitiveness requires providing a satisfying …
Intermediary Design Duties, Olivier Sylvain
Intermediary Design Duties, Olivier Sylvain
Faculty Scholarship
Online social networking applications and marketplaces enable users to discover ideas, people, places, and products. The companies behind these services purport to be little more than the conduits through which users socialize and transact business. It is on this premise that, pursuant to the Communications Decency Act (CDA), courts are reluctant to impose liability on intermediaries for their users' illegal online conduct. In spite of language in the statute that would limit the safe harbor to intermediaries that voluntarily moderate users' content and behavior, courts today refrain from granting immunity only in cases in which intermediaries "materially contribute" to illegal …
Does Adr’S “Access To Justice” Come At The Expense Of Meaningful Consent?, Jacqueline Nolan-Haley
Does Adr’S “Access To Justice” Come At The Expense Of Meaningful Consent?, Jacqueline Nolan-Haley
Faculty Scholarship
Over the last forty years, ADR processes, in particular mediation and arbitration, have been advanced as vehicles to secure access to justice for individual litigants and to improve efficiency in overburdened court systems. These processes have functioned as alternatives to the court adjudication of disputes, complementing the judicial system, and operating in what has been famously described as “the shadow of the law. The primary benefits promised by ADR were party autonomy and empowerment. ADR processes would allow parties to “fit the forum to the fuss.” These processes would give parties the opportunity to create their own mosaic of justice, …
Finding Franklin, Marc Arkin
How Well Do We Treat Each Other In Contract?, Aditi Bagchi
How Well Do We Treat Each Other In Contract?, Aditi Bagchi
Faculty Scholarship
One of the important contributions of Nathan Oman’s new book is to draw focus onto the quality of the relationships enabled by contract. He claims that contract, by supporting markets, cultivates certain virtues; helps facilitate cooperation among people with diverse commitments; and produces the wealth that may fuel interpersonal and social justice. These claims are all plausible, though subject to individual challenge. However, there is an alternative story to tell about the kinds of relationships that arise from markets i.e., a story about domination. The experience of domination is driven in part by the necessity, inequality, and competition enjoined by …
Resolving The Crisis In U.S. Merger Regulation: A Transatlantic Alternative To The Perpetual Litigation Machine, Dan Awrey, Blanaid Clarke, Sean J. Griffith
Resolving The Crisis In U.S. Merger Regulation: A Transatlantic Alternative To The Perpetual Litigation Machine, Dan Awrey, Blanaid Clarke, Sean J. Griffith
Faculty Scholarship
Regulation by litigation has driven U.S. merger regulation to crisis. The reliance on private lawsuits to police disclosures and potential conflicts of interest in mergers, takeovers, and other control transactions has resulted in the filing of claims after every major transaction. However, it has failed to achieve meaningful benefits for shareholders and has instead deprived them of potentially valuable rights. Regulation by litigation has devolved into attorney rent-seeking, and the raft of substantive and procedural reforms aimed at resolving the crisis has failed. There is an alternative to regulation by litigation. Drawing upon the code and panel-based models of merger …
The Law Of Nations And The Judicial Branch, Thomas H. Lee
The Law Of Nations And The Judicial Branch, Thomas H. Lee
Faculty Scholarship
No abstract provided.
The Criminal Jury, Moral Judgments, And Political Representation, Youngjae Lee
The Criminal Jury, Moral Judgments, And Political Representation, Youngjae Lee
Faculty Scholarship
Was the sexual act consensual? Did the defendant have a reasonable belief that he was in imminent danger of death by an attacker? Did the police use excessive force? Did the defendant act in a heinous or cruel manner? Did the defendant act with depraved indifference to human life? These are some of the questions that criminal juries encounter. Determinations of such questions involve a combination of factual and moral questions, both questions about what happened and questions about the evaluative significance of what happened. This feature of the criminal jury—that the jury routinely decides normative questions—is frequently noted but …
Fiduciary Loyalty, Inside And Out, Stephen R. Galoob, Ethan J. Leib
Fiduciary Loyalty, Inside And Out, Stephen R. Galoob, Ethan J. Leib
Faculty Scholarship
No abstract provided.
Race And Rights In The Digital Age, Catherine Powell
Race And Rights In The Digital Age, Catherine Powell
Faculty Scholarship
No abstract provided.
A Semantic Framework For The Analysis Of Privacy Policies, Joel R. Reidenberg
A Semantic Framework For The Analysis Of Privacy Policies, Joel R. Reidenberg
Faculty Scholarship
No abstract provided.
Integrative Information Platforms: The Case Of Zero-Rating, Olivier Sylvain
Integrative Information Platforms: The Case Of Zero-Rating, Olivier Sylvain
Faculty Scholarship
No abstract provided.
The Right To Two Criminal Defense Lawyers, Bruce A. Green
The Right To Two Criminal Defense Lawyers, Bruce A. Green
Faculty Scholarship
No abstract provided.
Emoluments, Zones Of Interests, And Political Questions: A Cautionary Tale, Jed H. Shugerman, Gautham Rao
Emoluments, Zones Of Interests, And Political Questions: A Cautionary Tale, Jed H. Shugerman, Gautham Rao
Faculty Scholarship
No abstract provided.
But Maybe Everything That Dies Someday Comes Back, Martin S. Flaherty
But Maybe Everything That Dies Someday Comes Back, Martin S. Flaherty
Faculty Scholarship
Book review: The death of treaty supremacy: an invisible constitutional change. By David L. Sloss. New York: Oxford University Press, 2016. Pp. xiv + 472. Reviewed by Martin S. Flaherty.
The Empirical Turn In Family Law, Clare Huntington
The Empirical Turn In Family Law, Clare Huntington
Faculty Scholarship
No abstract provided.
Contract And The Problem Of Fickle People, Aditi Bagchi
Contract And The Problem Of Fickle People, Aditi Bagchi
Faculty Scholarship
No abstract provided.
Opportunity Makes A Thief: Corporate Opportunities As Legal Transplant And Convergence In Corporate Law, Martin Gelter, Geneviève Helleringer
Opportunity Makes A Thief: Corporate Opportunities As Legal Transplant And Convergence In Corporate Law, Martin Gelter, Geneviève Helleringer
Faculty Scholarship
The paper surveys the corporate opportunities doctrine in four jurisdictions: the US, the UK, Germany, and France. Our analysis enables us to trace the development of the doctrine, exposing the way in which certain models of dealing with a particular issue have arisen, and how these models have then spread. Fiduciary duties are often today held out as typical instruments of shareholder protection in the US and the UK, both of which are often held out as model jurisdictions in corporate governance internationally. However, fiduciary duties in these two jurisdictions often operate in strikingly different ways. While the US relies …
Patent Clutter, Janet Freilich
Patent Clutter, Janet Freilich
Faculty Scholarship
Patent claims are supposed to clearly and succinctly describe the patented invention, and only the patented invention. This Article hypothesizes that a substantial amount of language in patent claims is in fact not about the core invention, which may contribute to well-documented problems with patent claims. I analyze the claims of 40,000 patents and applications, and document the proliferation of “clutter”—language in patent claims that is not about the invention. Although claims are supposed to be exclusively about the invention, clutter appears across industries and makes up approximately 25% of claim language. Patent clutter may contribute several major problems in …
Judge Victor Marrero’S Challenge To The Legal Profession: A ‘Little Rebellion Now And Then’, John D. Feerick
Judge Victor Marrero’S Challenge To The Legal Profession: A ‘Little Rebellion Now And Then’, John D. Feerick
Faculty Scholarship
No abstract provided.
Can The President Control The Department Of Justice?, Bruce A. Green
Can The President Control The Department Of Justice?, Bruce A. Green
Faculty Scholarship
No abstract provided.
‘Not In My Name’ Claims Of Constitutional Right, Abner S. Greene
‘Not In My Name’ Claims Of Constitutional Right, Abner S. Greene
Faculty Scholarship
We have a constitutional right against the state forcing us to be associated with expression with which we do not wish to be associated. The freedom of expressive association is not stated in our Constitution’s text. Rather, it is derived from various provisions of the First Amendment. As the freedom of speech protects, among other things, our right to shape how we present ourselves to the world, so does the freedom of expressive association protect us from the state shaping us by connecting us to ideas not of our choosing. Our freedom of expressive association allows us to claim an …
Advocacy In Ideas: Legal Education And Social Movements, Monica Bell, Tanya K. Hernandez, Solangel Maldonado, Rachelle Perkins
Advocacy In Ideas: Legal Education And Social Movements, Monica Bell, Tanya K. Hernandez, Solangel Maldonado, Rachelle Perkins
Faculty Scholarship
No abstract provided.
New Majoritarian Constitutionalism, Joseph Landau
New Majoritarian Constitutionalism, Joseph Landau
Faculty Scholarship
Ever since Alexander Bickel coined the phrase “countermajoritarian difficulty,” commentators have frequently described the Supreme Court as either a “majoritarian” or “counter-majoritarian” institution. In this heuristic dichotomy, the Justices either base constitutional law on their own independent and subjective interpretations or they rely on extrinsic indicators to determine constitutional meaning. In practice, however, this dichotomy is neither clearly evident, nor clearly applied, and a third approach—“New Majoritarian” Constitutionalism—has emerged. Under new majoritarian constitutionalism, the Court considers (1) the actual decisions of courts and juries; (2) legislative trends; (3) executive branch practices; and (4) geographic disparities within various jurisdictions. This model …
Prosecutors Matter: A Response To Bellin’S Review Of Locked In, John F. Pfaff
Prosecutors Matter: A Response To Bellin’S Review Of Locked In, John F. Pfaff
Faculty Scholarship
No abstract provided.