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1b Plenary Session. Key Current Ip Issues: Reflections & Analysis, Hugh C. Hansen, Paul R. Michel, Denny Chin, He Jing, Richard D. Arnold, Renata B. Hesse

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

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1a Plenary Session. Government Leaders’ Perspectives On Ip, Hugh C. Hansen, António Campinos, Shira Perlmutter, Marco Giorello, Antony S. Taubman, Kathi Vidal

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

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Tribute To Judge Duffy | Honorable Kevin Thomas Duffy, Loretta A. Preska

Fordham Law Review Online

It is a joy and an honor to write a few words about our beloved former colleague, Judge Kevin Thomas Duffy. Believe me when I tell you that behind that seemingly gruff exterior resided one of the greatest ladies men of the Western World. Kevin was a dedicated colleague to everyone, but his comradery with women was particularly special.

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Tribute To Judge Duffy | Clerk Recollections, Stories, And Vignettes, Judge Duffy's Former Clerks

Fordham Law Review Online

In his forty-four years on the bench, Judge Duffy had sixty-five law clerks, each with their own stories about his inimitable courtroom presence, keen intellect, tremendous heart, and unique sense of humor. In addition to the longer tributes, we wanted to include at least a small sampling of the rich variety of heartfelt remembrances of Kevin Thomas Duffy (“KTD”) that have been shared among his scores of clerks since the Judge’s passing. We also asked our clerk community for the five words that come to mind when they think of the Judge. We have included a Word Cloud that displays …

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Tribute To Judge Duffy | A Prayer For St. Kevin, Meghan Silhan Mastrocovi

Fordham Law Review Online

Judge Duffy’s clerks benefitted from invaluable legal lessons. In my case, I was lucky enough to help him prepare for four sittings on the Ninth Circuit, where he regularly sat by designation. Each sitting presented a heavy caseload, and we lived and breathed the cases during those weeks. He wrote strong dissents. On one occasion, he aptly convinced the panel to adopt his proposed dissent as the majority opinion. We celebrated the occasion with chocolate ice cream. To be sure, the moments that resonate most are not the legal ones, but those found in the ordinary moments spent with an …

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Tribute To Judge Duffy | A View From Below, Denis J. Mcinerney

Fordham Law Review Online

It is only natural that different people (clerks, colleagues, court reporters, lawyers, marshals, parties, et cetera) saw KTD differently (as a humorist, a “no nonsense” judge, a loyal friend, an iconoclast, an enigma, et cetera). I am deeply honored, as one of the Judge’s sons-at-law, to offer just a glimpse into what it was like to be within his orbit with a few illustrations of his unique manner and mind.

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Tribute To Judge Duffy | Kevin Thomas Duffy: I Never Called Him Kevin . . ., Charles Labella

Fordham Law Review Online

Where to begin . . . Clerking for KTD was my first job after graduating from Fordham Law. I was a kid in the law working with a tenured professor who was also the chair of the department. The first lesson was that you worked with KTD. While many of my fellow graduates who were working as clerks were working for a particular judge, I didn’t work for KTD, as he was quick to remind me, I worked with him. It was a collaboration. While I knew nothing really, he insisted we worked as a team. That was the first …

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Tribute To Judge Duffy | A Law Clerk’S Remembrance Of The Honorable Kevin Thomas Duffy, Tom Lenhart

Fordham Law Review Online

I had the privilege to serve as the first law clerk to The Honorable Kevin Thomas Duffy—known forever to me simply as “the Judge.” In the fall of 1972, we both started new careers: Judge Duffy, as a federal district judge in the U.S. District Court for the Southern District of New York, and me as a newly minted lawyer just out of law school.

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Tribute To Judge Duffy | Recollections Of Judge Kevin T. Duffy, Robert B. Fiske Jr.

Fordham Law Review Online

I first met Judge Kevin Duffy in 1957 when we were both sworn in as Assistant United States Attorneys in the Southern District of New York. Both of us were protégés of Judge J. Edward Lumbard—I had worked in his office during the summer of 1954 when he was U.S. Attorney, and Kevin had just finished clerking for him. He had strongly urged both of us to join the U.S. Attorney’s Office (the “Office”). We both looked up to him enormously. (Later, when Kevin became a district judge, and Judge Lumbard was on the Second Circuit, they had an arrangement …

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Tribute To Judge Duffy | In Memory Of Kevin Thomas Duffy: Voices From The Fordham Law School Community, John D. Feerick

Fordham Law Review Online

Judge Kevin Thomas Duffy was a Bronx born Irish Catholic of immigrant parents, who would scale the heights of the legal profession and serve with integrity as an Assistant U.S. Attorney, practicing lawyer, adjunct law professor, director of the New York regional office of the Securities and Exchange Commission, and a federal district court judge on the United States District Court for the Southern District of New York. Lawyers who knew him shared with me glimpses of his life as a judge and as a person.

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Tribute To Judge Duffy | The Honorable Kevin T. Duffy: A Great Judge With A Sense Of Humor, John F. Keenan

Fordham Law Review Online

When I think about my revered late colleague, which is often, I recognize that in my ninety-two years, I have never had a closer, more loyal, or truer friend than Kevin Thomas Duffy. We first met in the spring of 1983 before I was a member of the judiciary. It was at a dinner held by the law school where Kevin was the Toast Master and featured speaker on behalf of the honoree—me. Although we didn’t know each other then, he had done his research and learned of my many peculiarities and eccentricities. In his speech, he delivered the funniest …

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Tribute To Judge Duffy | Ktd Tribute, Ron Cami

Fordham Law Review Online

It has been nearly thirty years since I clerked for Judge Duffy, and still when an important topic comes up in my life, personal or professional, I ask myself what the Judge would think. More often than not, I end up smiling or laughing as one of his catchphrases pops into my mind, none of which are appropriate for this piece. Always though, and I mean every single time, I hear him ask: “What’s the right thing to do on a human level? What is the just answer?” This is how I remember Judge Duffy. He was a brilliant man …

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Tribute To Judge Duffy | Kevin Thomas Duffy: A Masterful Trial Judge, P. Kevin Castel

Fordham Law Review Online

Imagine sitting as a law clerk to a great judge watching him preside at trial. Any young lawyer in that spot could be forgiven for having a fleeting fantasy of what it would be like to have that responsibility. There were no grand delusions about the future, but fate and good fortune stepped in and for sixteen years that law clerk became the judicial colleague of Judge Kevin Thomas Duffy on the United States District Court for the Southern District of New York. Today, my friend’s oil portrait hangs in my courtroom. In tough spots, I ask myself: What would …

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Tribute To Judge Duffy | Introduction, Denis J. Mcinerney

Fordham Law Review Online

How can one (or in this case many) properly honor the memory of an iconic figure as compelling, complicated, and compassionate as the Honorable Kevin Thomas Duffy (aka “KTD” or “the Judge”)? I’m confident that I speak on behalf of the Judge’s entire law clerk family (aka “Hockey Pucks” in KTD’s vernacular)—as well as his many other friends and colleagues who were kind enough to contribute a sampling of their precious memories of the Judge to this collection of tributes—in stressing at the outset the impossibility of this task. Indeed, I’m certain the futility of even trying to scratch the …

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Tribute To Judge Duffy | Judicial Profile Of Judge Duffy From The Federal Lawyer, Kevin N. Ainsworth

Fordham Law Review Online

The following “judicial profile” was published in the March 2016 issue of The Federal Lawyer, about six months before Judge Duffy retired. Writing it was both a labor of love and a project that I somewhat blindly committed to, without realizing the enormity of it. At that time, Judge Duffy had been a U.S. District Judge for more than forty-three years, and I had known him for more than twenty years. He was my mentor and beloved friend. The difficult part of writing the article was deciding what to omit. His contributions in service to our nation were too numerous …

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Racial Allies, Atinuke O. Adediran

Fordham Law Review

Racial allies are white individuals and institutions that actively work to dismantle systems of racial inequality and the consequences of poverty that disproportionately impact communities of color and that are willing to both confer and share power with members of subjugated groups. There is no other sector of the legal profession that professes to be racial allies more than individuals and institutions within the public interest law sector. Yet, these institutions that address structural racism and disproportionately serve communities of color appear not to share power with racial and ethnic minorities. The public interest law sector has been at the …

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Disaggregating Legislative Intent, Jesse M. Cross

Fordham Law Review

In statutory interpretation, theorists have long argued that the U.S. Congress is a “they,” not an “it.” Under this view, Congress is plural and nonhierarchical, and so it is incapable of forming a single, institutional intent. Textualists contend that this vision of Congress means interpreters must move away from concerns about intent altogether, and that they instead should speak in the register of textualism and its associated constitutional values, such as notice and congressional incentivization. However, even if legislators’ intentions never coalesce into an institutional intent, a disaggregated-intent theory of legislation remains possible. Under this theory, statutes are understood as …

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The Political And Social Change Driven By Protest: The Need To Reform The Anti-Riot Act And Examine Anti-Riot Provisions, Ronald E. Britt Ii

Fordham Law Review

The right to join in peaceful assembly and petition is critical to an effective democracy and is at the core of the First Amendment. The assault of peaceful protestors in the pursuit of racial justice is not a new phenomenon, and legislators at the federal and state levels have drafted anti-riot provisions as a measure to target protestors they deem an existential threat to American society. As these provisions have become increasingly prevalent in light of the protests following the murders of Breonna Taylor and George Floyd, they have the likelihood of severely chilling the effect on protestors’ right to …

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No Justice, No Pleas: Subverting Mass Incarceration Through Defendant Collective Action, Andrew Manuel Crespo

Fordham Law Review

The American penal system is a system of massive, racially unjust incarceration. It is also, to quote the U.S. Supreme Court, a “system of pleas.” The latter drives the former, as coercive plea bargaining makes it possible for the state to do two things that are otherwise hard to pull off at once: increase convictions and sentence lengths. Mass incarceration is a predictable result. But while plea bargaining is intensely coercive when leveraged against individuals, the system of pleas has a structural weak point. That Achilles’ heel is exposed once we see people facing prosecution not as isolated individuals but …

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A Commons In The Master’S House, Daniel Farbman

Fordham Law Review

Almost everyone who reads these words is an institutional insider in some form. Those of us who aspire toward transformation, liberation, and resistance from our institutional settings are forced to confront Audre Lorde’s striking admonition that “the master’s tools will never dismantle the master’s house.” For some, finding themselves in the master’s house is a spur towards purism—a rejection of institutional power in search of a “pure” remove from which to critique it. For others, it is a dispiriting check on their aspirations and an invitation to sullen fatalism. This Essay questions whether we are bound to the hard consequences …

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Progressive Prosecutors Are Not Trying To Dismantle The Master’S House, And The Master Wouldn’T Let Them Anyway, Paul Butler

Fordham Law Review

The first thing to note about Audre Lorde’s famous phrase “the master’s tools will never dismantle the master’s house” is that it cannot literally be true. If tools can dismantle the master’s house, the master’s own tools would be good as anyone’s. The main problem would not be that the tools don’t work, but rather how to get them to the people who most need the master’s house dismantled—the enslaved ones. But the considerable work that the phrase does in social justice movements and critical theory is figurative rather than literal. It is usually intended as a rebuke of liberal …

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Dedication: Center On Asian Americans And The Law, Kamala Harris

Fordham Law Review

Asian American history has been defined by attorneys and activists who have fought to ensure that Asian Americans are recognized as Americans— not as the “other,” not as “them,” but as “us.” From their efforts to fight against the Chinese Exclusion Act, to correcting the wrongs of the Japanese-American incarceration, it is essential that we learn about the role of Asian Americans and the law. Accordingly, I write to recognize the historic launch of the Center on Asian Americans and the Law at Fordham University School of Law—the first of its kind in the country. Its founding is both timely …

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“Kung Flu”: A History Of Hostility And Violence Against Asian Americans, Denny Chin, Kathy Hirata Chin

Fordham Law Review

The COVID-19 pandemic “first became real” for most Americans in March 2020. Since then,a wave of anti-Asian hatred and violence has swept the country, as more than 10,000 “hate incidents” have been reported against Asian Americans and Pacific Islanders (AAPIs), including the 2021 killing of six Asian American women in the Atlanta area. The videos of senseless attacks against AAPIs, many of whom were older and vulnerable, were horrific and disturbing. But what is perhaps more disturbing is that this is nothing new, for there is a long history of hostility and violence against Asian Americans in this country, a …

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When We Fight, We Win: Eviction Defense As Subversive Lawyering, Eloise Lawrence

Fordham Law Review

This Essay will examine the “sword and shield” model in action to explore the meaning of “subversive lawyering” in the housing context, particularly in eviction defense. In this model, we—the lawyers and law students— provide the “shield” (i.e., legal defense), while the organizers and members of grassroots housing justice organizations provide the “sword” (i.e., public pressure and protest). The lawyers are shielding tenants and foreclosed homeowners in the courts, which allows these “defendants” to simultaneously work with organizers to take necessary extralegal actions to ensure they are protected from displacement.

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Slowing Down Accelerated Approval: Examining The Role Of Industry Influence, Patient Advocacy Organizations, And Political Pressure On Fda Drug Approval, Stephanie Diu

Fordham Law Review

The U.S. Food and Drug Administration (FDA) has been revered as the gold standard in pharmaceutical safety and efficacy review since the 1960s. More recently, partly in response to the HIV/AIDS epidemic and the pressing need for new treatments, the FDA established an accelerated approval process to hasten the review of new drug applications so that drugs could be approved and brought to market as soon as possible. Although accelerated approval has led to the availability of new treatments for patients with few other options, this Note argues that, today, the FDA grants accelerated approval too hastily and may be …

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The Tin Man Needs A Heart: A Proposed Framework For The Regulation Of Bioprinted Organs, Linda Foit

Fordham Law Review

Each day, seventeen people die in the United States while waiting for an organ transplant. At least part of this need could be met by bioprinting, a technology that allows the on-demand production of custom-sized organs from a patient’s own cells. The field of bioprinting is progressing rapidly: the first bioprinted organs have already entered the clinic. Yet, developers of bioprinted organs face significant uncertainty as to how their potentially lifesaving products will be regulated—and by which government agency. Such regulatory uncertainty has the potential to decrease investment and stifle innovation in this promising technological field. This Note examines how …

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Teacher Prayer In Public Schools, Maya Syngal Mcgrath

Fordham Law Review

When American citizens elect to work in government positions, they relinquish certain free speech rights granted by the First Amendment. In Garcetti v. Ceballos, the U.S. Supreme Court ruled that when public employees make statements pursuant to their government job duties, they do not speak as citizens for First Amendment purposes. As such, they are not constitutionally insulated from employer discipline. Determining whether public employees speak as a result of, or in accordance with, their official responsibilities can be difficult, and one government job has proven more challenging than most: the public school teacher. In 2021, the Ninth Circuit …

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District Court En Bancs, Maggie Gardner

Fordham Law Review

Despite the image of the solitary federal district judge, there is a long but quiet history of federal district courts deciding cases en banc. District court en bancs predate the development of en banc rehearings by the federal courts of appeals and have been used to address some of the most pressing issues before federal courts over the last one hundred years: Prohibition prosecutions, bankruptcies during the Great Depression, labor unrest in the 1940s, protracted desegregation cases, asbestos litigation, and the constitutionality of the U.S. Sentencing Guidelines, to name a few. This Article gathers more than 140 examples of voluntary …

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Class Action Boundaries, Daniel Wilf-Townsend

Fordham Law Review

In recent years, some judges have begun doubting—and at times denying— their jurisdiction in class actions whose membership crosses state lines. This doubt has followed from the U.S. Supreme Court’s significant tightening of personal jurisdiction doctrine, which has led many to argue that courts no longer have jurisdiction over the claims of unnamed class members unless those claims have some independent relationship with the forum state. Such an argument raises foundational questions about due process and federalism, and has significant implications for the size, location, and feasibility of many class actions. This Article argues that what it terms the “state-border …

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The First Step Act And Individualized Review: Must Judges Apply The 18 U.S.C. 3553(A) Factors To Section 404 Petitioners?, Kielan Barua

Fordham Law Review

In 2010, the U.S. Congress amended the notorious mandatory minimum sentencing structure for crack cocaine offenses in response to the decades of harm it had caused. As the amendment was not retroactive, Congress passed the First Step Act of 2018 to allow prisoners incarcerated before 2010 to petition their original sentencing court for discretionary relief based on the new penalties. However, what exactly these courts must do when deciding whether to grant relief has divided the circuits. Some circuits require an up-to-date consideration of defendants’ individual mitigating circumstances and whether their sentences are the minimum necessary to satisfy the purposes …

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Full-Text Articles in Law

1b Plenary Session. Key Current Ip Issues: Reflections & Analysis, Hugh C. Hansen, Paul R. Michel, Denny Chin, He Jing, Richard D. Arnold, Renata B. Hesse

29th Annual Intellectual Property Law & Policy Conference (2022)

1a Plenary Session. Government Leaders’ Perspectives On Ip, Hugh C. Hansen, António Campinos, Shira Perlmutter, Marco Giorello, Antony S. Taubman, Kathi Vidal

29th Annual Intellectual Property Law & Policy Conference (2022)

Tribute To Judge Duffy | Honorable Kevin Thomas Duffy, Loretta A. Preska

Fordham Law Review Online

Tribute To Judge Duffy | Clerk Recollections, Stories, And Vignettes, Judge Duffy's Former Clerks

Fordham Law Review Online

Tribute To Judge Duffy | A Prayer For St. Kevin, Meghan Silhan Mastrocovi

Fordham Law Review Online

Tribute To Judge Duffy | A View From Below, Denis J. Mcinerney

Fordham Law Review Online

Tribute To Judge Duffy | Kevin Thomas Duffy: I Never Called Him Kevin . . ., Charles Labella

Fordham Law Review Online

Tribute To Judge Duffy | A Law Clerk’S Remembrance Of The Honorable Kevin Thomas Duffy, Tom Lenhart

Fordham Law Review Online

Tribute To Judge Duffy | Recollections Of Judge Kevin T. Duffy, Robert B. Fiske Jr.

Fordham Law Review Online

Tribute To Judge Duffy | In Memory Of Kevin Thomas Duffy: Voices From The Fordham Law School Community, John D. Feerick

Fordham Law Review Online

Tribute To Judge Duffy | The Honorable Kevin T. Duffy: A Great Judge With A Sense Of Humor, John F. Keenan

Fordham Law Review Online

Tribute To Judge Duffy | Ktd Tribute, Ron Cami

Fordham Law Review Online

Tribute To Judge Duffy | Kevin Thomas Duffy: A Masterful Trial Judge, P. Kevin Castel

Fordham Law Review Online

Tribute To Judge Duffy | Introduction, Denis J. Mcinerney

Fordham Law Review Online

Tribute To Judge Duffy | Judicial Profile Of Judge Duffy From The Federal Lawyer, Kevin N. Ainsworth

Fordham Law Review Online

Racial Allies, Atinuke O. Adediran

Fordham Law Review

Disaggregating Legislative Intent, Jesse M. Cross

Fordham Law Review

The Political And Social Change Driven By Protest: The Need To Reform The Anti-Riot Act And Examine Anti-Riot Provisions, Ronald E. Britt Ii

Fordham Law Review

No Justice, No Pleas: Subverting Mass Incarceration Through Defendant Collective Action, Andrew Manuel Crespo

Fordham Law Review

A Commons In The Master’S House, Daniel Farbman

Fordham Law Review

Progressive Prosecutors Are Not Trying To Dismantle The Master’S House, And The Master Wouldn’T Let Them Anyway, Paul Butler

Fordham Law Review

Dedication: Center On Asian Americans And The Law, Kamala Harris

Fordham Law Review

“Kung Flu”: A History Of Hostility And Violence Against Asian Americans, Denny Chin, Kathy Hirata Chin

Fordham Law Review

When We Fight, We Win: Eviction Defense As Subversive Lawyering, Eloise Lawrence

Fordham Law Review

Slowing Down Accelerated Approval: Examining The Role Of Industry Influence, Patient Advocacy Organizations, And Political Pressure On Fda Drug Approval, Stephanie Diu

Fordham Law Review

The Tin Man Needs A Heart: A Proposed Framework For The Regulation Of Bioprinted Organs, Linda Foit

Fordham Law Review

Teacher Prayer In Public Schools, Maya Syngal Mcgrath

Fordham Law Review

District Court En Bancs, Maggie Gardner

Fordham Law Review

Class Action Boundaries, Daniel Wilf-Townsend

Fordham Law Review

The First Step Act And Individualized Review: Must Judges Apply The 18 U.S.C. 3553(A) Factors To Section 404 Petitioners?, Kielan Barua

Fordham Law Review