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Articles 1831 - 1860 of 13354

Full-Text Articles in Law

Restoring Bankruptcy’S Fresh Start, Jonathan S. Hermann Oct 2017

Restoring Bankruptcy’S Fresh Start, Jonathan S. Hermann

Fordham Law Review

The discharge injunction, which allows former debtors to be free from any efforts to collect former debt, is a primary feature of bankruptcy law in the United States. When creditors have systemically violated debtors’ discharge injunctions, some debtors have attempted to challenge those creditors through a class action lawsuit in bankruptcy court. However, the pervasiveness of class-waiving arbitration clauses likely prevents those debtors from disputing discharge injunction violations outside of binding, individual arbitration. This Note first discusses areas of disagreement regarding how former debtors may enforce their discharge injunctions. Then, it examines the types of disputes that allow debtors to …

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Affirming Firm Sanctions: The Authority To Sanction Law Firms Under 28 U.S.C. § 1927, Vincent J. Margiotta Oct 2017

Affirming Firm Sanctions: The Authority To Sanction Law Firms Under 28 U.S.C. § 1927, Vincent J. Margiotta

Fordham Law Review

A circuit split exists as to whether 28 U.S.C. § 1927 allows for an award of sanctions against nonattorneys or nonrepresentatives. Five federal courts of appeals—the Second, Third, Eighth, Eleventh, and the District of Columbia Circuits—hold that, to further the purpose of 28 U.S.C. § 1927, courts have the authority to sanction a law firm for the conduct of its attorneys, in addition to the authority to sanction individual officers of the court. The Sixth, Seventh, and Ninth Circuits disagree, concluding that the statute allows federal courts to sanction only individuals—“attorney[s] or other person[s] admitted to conduct cases in any …

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“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres Oct 2017

“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres

Fordham Law Review

The power to confer legal citizenship status is possessed solely by the federal government. Yet the courts and legal theorists have demonstrated that citizenship encompasses factors beyond legal status, including rights, inclusion, and political participation. As a result, even legal citizens can face barriers to citizenship, broadly understood, due to factors including their race, class, gender, or disability. Given this multidimensionality, the city, as the place where residents carry out the tasks of their daily lives, is a critical space for promoting elements of citizenship. This Note argues that recent city municipal identification-card programs have created a new form of …

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Continuity In The Presidency: Gaps And Solutions Building On The Legacy Of The 25th Amendment, Fordham Law School, Feerick Center For Social Justice, Fordham Law Review Sep 2017

Continuity In The Presidency: Gaps And Solutions Building On The Legacy Of The 25th Amendment, Fordham Law School, Feerick Center For Social Justice, Fordham Law Review

Miscellaneous

Program for the symposium "Continuity in the Presidency: Gaps and Solutions Building on the Legacy of the 25th Amendment."

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Immigration Nation: Identity & Labor In American Politics, Maloney Library Sep 2017

Immigration Nation: Identity & Labor In American Politics, Maloney Library

Posters

Maloney Library lecture series, Behind the Book.

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The Academic Mainstream | Streaming Video, Jennifer Dixon Sep 2017

The Academic Mainstream | Streaming Video, Jennifer Dixon

Staff Publications

No abstract provided.

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Fordham Lawyer, No. 13 - Fall 2017, Fordham Law Alumni Association, Fordham Law School Sep 2017

Fordham Lawyer, No. 13 - Fall 2017, Fordham Law Alumni Association, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.

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All (Water) Politics Is Local: A Proposal For Resolving Transboundary Water Disputes, Jeffrey S. Dornbos Jul 2017

All (Water) Politics Is Local: A Proposal For Resolving Transboundary Water Disputes, Jeffrey S. Dornbos

Fordham Environmental Law Review

No abstract provided.

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Nashville, Salt Lake City, Columbus Eliminate Fines, Jennifer Dixon Jun 2017

Nashville, Salt Lake City, Columbus Eliminate Fines, Jennifer Dixon

Staff Publications

No abstract provided.

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U. Chicago Undergrad Library Workers Unionize, Jennifer Dixon Jun 2017

U. Chicago Undergrad Library Workers Unionize, Jennifer Dixon

Staff Publications

No abstract provided.

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Making It Happen | Programming, Jennifer Dixon Jun 2017

Making It Happen | Programming, Jennifer Dixon

Staff Publications

No abstract provided.

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State Responsibility In Promoting Environmental Corporate Accountability, Lakshman Guruswamy Jun 2017

State Responsibility In Promoting Environmental Corporate Accountability, Lakshman Guruswamy

Fordham Environmental Law Review

No abstract provided.

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Non-State Actor Access And Influence In International Legal And Policy Negotiations, Elizabeth Burleson, Diana Pei Wu Jun 2017

Non-State Actor Access And Influence In International Legal And Policy Negotiations, Elizabeth Burleson, Diana Pei Wu

Fordham Environmental Law Review

No abstract provided.

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Trespass By Pollution: Remedy By Mandatory Injunction, Anthony Z. Roisman, Alexander Wolff Jun 2017

Trespass By Pollution: Remedy By Mandatory Injunction, Anthony Z. Roisman, Alexander Wolff

Fordham Environmental Law Review

No abstract provided.

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Role Of Public And Private Litigants In Promoting Environmental Corporate Social Responsibility, Carol E. Dinkins, George O. Wilkinson, Margaret E. Peloso, Thomas S. Meriwether Jun 2017

Role Of Public And Private Litigants In Promoting Environmental Corporate Social Responsibility, Carol E. Dinkins, George O. Wilkinson, Margaret E. Peloso, Thomas S. Meriwether

Fordham Environmental Law Review

No abstract provided.

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Three Obstacles To The Promotion Of Corporate Social Responsibility By Means Of The Alien Tort Claims Act: The Sosa Court's Incoherent Conception Of The Law Of Nations, The "Purposive" Action Requirement For Aiding And Abetting, And The State Action Requirement For Primary Liability, Michael Barsa, David Dana Jun 2017

Three Obstacles To The Promotion Of Corporate Social Responsibility By Means Of The Alien Tort Claims Act: The Sosa Court's Incoherent Conception Of The Law Of Nations, The "Purposive" Action Requirement For Aiding And Abetting, And The State Action Requirement For Primary Liability, Michael Barsa, David Dana

Fordham Environmental Law Review

No abstract provided.

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Corporate Environmental Social Responsibility: Corporate "Greenwashing" Or A Corporate Culture Game Changer?, Hope M. Babcock Jun 2017

Corporate Environmental Social Responsibility: Corporate "Greenwashing" Or A Corporate Culture Game Changer?, Hope M. Babcock

Fordham Environmental Law Review

No abstract provided.

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Nonconsensual Pornography: An Old Crime Updates Its Software, Jillian Roffer May 2017

Nonconsensual Pornography: An Old Crime Updates Its Software, Jillian Roffer

Fordham Intellectual Property, Media and Entertainment Law Journal

This Note proposes a statute that considers social media and the Internet. The proposed statute is advantageous because it understands how perpetrators abuse social media and the Internet and implements the protections that victims deserve from the legal system. When society understands the harms and “[w]hen there is no outlet for these images, no audience for these images, and no desire to post these images, that is when the images will cease to cause harm to victims.” The lessons from the criminalization of other forms of gender abuse indicate that society needs to change its attitude toward crimes that predominately …

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A Paper Shield? Whether State Privilege Protections Apply To Student Journalists, Jonathan Peters, Genelle Belmas, Piotr Bobkowski May 2017

A Paper Shield? Whether State Privilege Protections Apply To Student Journalists, Jonathan Peters, Genelle Belmas, Piotr Bobkowski

Fordham Intellectual Property, Media and Entertainment Law Journal

Most states recognize a privilege for journalists to protect confidential sources from compelled disclosure. The privilege varies from state to state, and a major difference is how they define a journalist—i.e., a person qualified to claim the privilege. Some schemes are narrow and limit their coverage to employees of professional news organizations. Others are broad and cover freelancers, filmmakers, bloggers, and others who gather information for publication. But what about student journalists? Are they covered? In recent years, as traditional media have adapted to changing circumstances, student journalists have played a vital role in meeting their communities’ needs for news. …

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Toward A More Coherent Doctrine Of Trademark Genericism And Functionality: Focusing On Fair Competition, Sandra L. Rierson May 2017

Toward A More Coherent Doctrine Of Trademark Genericism And Functionality: Focusing On Fair Competition, Sandra L. Rierson

Fordham Intellectual Property, Media and Entertainment Law Journal

The doctrines of trademark genericism and functionality serve similar functions under the Lanham Act and the common law of unfair competition. Genericism, in the context of word marks, and functionality, for trade dress, bar trademark registration under the Lanham Act and, both under the Act and at common law, render a trademark unprotectable and invalid. In the word mark context, genericism stands for the proposition that certain parts of vocabulary cannot be cordoned off as trademarks; all competitors must be able to use words that consumers understand to identify the goods or services that they are selling. Functionality likewise demands …

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Autonomy Challenges In The Age Of Big Data, Sofia Grafanaki May 2017

Autonomy Challenges In The Age Of Big Data, Sofia Grafanaki

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article examines how technological advances in the field of “Big Data” challenge meaningful individual autonomy (and by extension democracy), are redefining the process of self-formation and the relationship between self and society, and can cause harm that cannot be addressed under current regulatory frameworks. Adopting a theory of autonomy that includes both the exploration process an individual goes through in order to develop authentic and independent desires that lead to his actions, as well as the independence of the actions and decisions themselves, this Article identifies three distinct categories of autonomy challenges that Big Data technologies present. The first …

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The Billionaire’S Treasure Trove: A Call To Reform Private Art Museums And The Private Benefit Doctrine, E. Alex Kirk May 2017

The Billionaire’S Treasure Trove: A Call To Reform Private Art Museums And The Private Benefit Doctrine, E. Alex Kirk

Fordham Intellectual Property, Media and Entertainment Law Journal

Thanks to the new generation of billionaire art collectors, and the recent boom in the art market, a growing number of high-net-worth patrons are creating their own tax-exempt private art museums. These “jewel-box” museums provide invaluable public benefits, lead to growth and innovation in the private museum sector, and encourage donors to pursue more avant-gardes collecting strategies. This advantageous tax-saving strategy appeals to wealthy individuals, who wish to maintain control over their art collection, and still receive generous charitable income tax deductions. However, several private museums have recently come under fire due to private benefit concerns. To qualify for federal …

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Moore’S Potential, June Carbone, Naomi Cahn May 2017

Moore’S Potential, June Carbone, Naomi Cahn

Fordham Law Review

Part I of this Article briefly explores the culture wars that have consumed American politics since Moore. Part II discusses Moore’s uneasy position within the conception of family as a matter of choice versus tradition. Then, to the extent that the Moore Court addressed the changing family, Part III shows how it did so by treating the extended family as a manifestation of traditional family values, not the newly emerging substantive family values that valorize delay in childbearing and financial independence. Finally, Part IV considers Moore's missed opportunities to examine the relationship between family form, race, and …

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Other Mothers, Kevin Maillard May 2017

Other Mothers, Kevin Maillard

Fordham Law Review

There is a robust body of scholarship and jurisprudence addressing psychological parents, assisted reproductive technology, surrogacy, and same-sex parents, which reinforces the primacy of heterosexual marriage and procreation. This tradition suggests a vulnerability of parental status involving the other parent. Now that legal parenthood can be approached in a number of ways, it is time to take a critical look at the preeminence of motherhood and gestation in the determination of parental status and fitness.

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Sharing A House But Not A Household: Extended Families And Exclusionary Zoning Forty Years After Moore, Solangel Maldonado May 2017

Sharing A House But Not A Household: Extended Families And Exclusionary Zoning Forty Years After Moore, Solangel Maldonado

Fordham Law Review

This Article proceeds in three parts. Part I briefly recounts the evolution of zoning laws and their effect on racial minorities. Next, Part II demonstrates how single-family zoning laws disproportionately exclude racial minorities from the most desirable blocks. Part II also examines how these laws economically and socially disadvantage minorities and hinder efforts to integrate neighborhoods and schools. Then, Part III uses Moore to explore potential solutions and concludes that, at minimum, zoning laws cannot exclude two-family homes that are occupied by extended family members. It also shows how Moore may support a more inclusionary approach to zoning.

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Professor Emeritus Robert M. Byrn: A Remembrance, Joseph C. Sweeney May 2017

Professor Emeritus Robert M. Byrn: A Remembrance, Joseph C. Sweeney

Fordham Law Review

Robert M. Byrn, the Leonard F. Manning Distinguished Professor Emeritus of Fordham University School of Law, lost his long and painful battle with cancer on February 3, 2017, in his eighty-fifth year. His connections to Fordham encompassed the major part of his life. He received a B.S. from Fordham University College of Business Administration in 1953 and received a J.D. from Fordham University School of Law in 1959 after service with the U.S. Army in Korea in 1954–1955. As a law student, he served as an associate editor of the Fordham Law Review with the late Dean and Judge Joseph …

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Thinking Outside The Box: Reforming Commercial Discrimination Doctrine To Combat The Negative Consequences Of Ban-The-Box Legislation, Nina Kucharczyk May 2017

Thinking Outside The Box: Reforming Commercial Discrimination Doctrine To Combat The Negative Consequences Of Ban-The-Box Legislation, Nina Kucharczyk

Fordham Law Review

This Note suggests a new approach to address the unintended consequences of ban-the-box legislation. The solution to combat unconscious discrimination during the hiring process is not to eliminate ban- the-box laws entirely; instead, lawmakers must modernize and strengthen Commercial discrimination doctrine to empower racial minorities who suspect discrimination and to ensure employers are critically analyzing their hiring processes.

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Paying Too Dearly For A Whistle: Properly Protecting Internal Whistleblowers, Leonardo Labriola May 2017

Paying Too Dearly For A Whistle: Properly Protecting Internal Whistleblowers, Leonardo Labriola

Fordham Law Review

In light of substantial disagreement among the circuits on which types of whistleblowers Dodd-Frank intends to protect, and newly proposed legislation which suggests a solution, this Note inspects Dodd-Frank’s whistleblower protections in an effort to better explain which types of Business Organizations whistleblowers should and should not be protected. This Note briefly outlines the United States’s repeated history of increased regulation following financial crises, culminating in the Sarbanes-Oxley and Dodd-Frank Acts. It then describes the goals that motivated these acts and how whistleblowers play an outsized role in accomplishing those goals. It also examines the critical statute for Business Organizations …

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Introduction: Moore V. City Of East Cleveland: How One Grandmother Helped A Nation Redefine Family, Anne Williams-Isom May 2017

Introduction: Moore V. City Of East Cleveland: How One Grandmother Helped A Nation Redefine Family, Anne Williams-Isom

Fordham Law Review

When reviewing the Moore v. City of East Cleveland decision, it is impossible not to see one of the grandmothers that Harlem Children’s Zone (HCZ) routinely encounters in Inez Moore. While educating children is the primary focus of HCZ, working with the adults who bring those children through the doors is important to HCZ’s success. Miss Inez, as she would have been referred to by HCZ, illustrates the important role played by extended families in communities of color.

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Complex Kinship Networks In Fragile Families, Tonya L. Brito May 2017

Complex Kinship Networks In Fragile Families, Tonya L. Brito

Fordham Law Review

This Article examines the complex kinship networks in families that experience multiple-partner fertility. Part I begins with a broad examination of the dramatic changes to the American family that have occurred over the past half century. Part I then highlights the broad diversity of forms present in today’s families, the evolving nature of American families, and how a two-tiered family system has emerged as patterns have diverged along class-based lines. Next, Part II turns to multiple-partner fertility, assessing what we know and do not know about this social phenomenon, including its prevalence, characteristics, and trends. Part III then addresses the …

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