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Articles 991 - 1020 of 13339
Full-Text Articles in Law
Slavery's Constitution: Rethinking The Federal Consensus, Maeve Glass
Slavery's Constitution: Rethinking The Federal Consensus, Maeve Glass
Fordham Law Review
For at least half a century, scholars of the early American Constitution By recovering this genealogy and expanding our map of the founding, this Essay offers a more complete view of the origins of one of the oldest and most consequential rules of constitutional union. In doing so, it allows us to see the institution of racial slavery not simply as one confined to a single section of the South and upheld by its peculiar doctrine of states’ rights but as a fundamentally American institution, one upheld by a rule of federal and state inaction in the face of slavery’s …
The Unwritten Constitution For Admitting States, Roderick M. Hills Jr.
The Unwritten Constitution For Admitting States, Roderick M. Hills Jr.
Fordham Law Review
The United States has experimented with several different constitutions for adding states. Of all of these regimes, the shortest lived was also the one selected by the Federalist drafters of the Constitution. Under this regime, Article IV, Section 3 bestowed on Congress broad power to govern new territories as colonies of the original states, allowing Congress to place any conditions that they pleased on their admissions. This regime was created by Federalists, like Gouvernour Morris, who were suspicious of Scots-Irish frontiersmen and eager to settle western territory using land companies who would insure that new settlers were deferential to Federalist …
Executive Power And The Rule Of Law In The Marshall Court: A Rereading Of Little V. Barreme And Murray V. Schooner Charming Betsy, Jane Manners
Fordham Law Review
This Essay uses two 1804 opinions by Chief Justice John Marshall to explicate a world in which understandings of executive power and the rule of law were very different from those that predominate today. Scholars have misread Little v. Barreme and Murray v. Schooner Charming Betsy, this Essay argues, because they apply modern assumptions about the balance of power between Congress and the executive that do not fit the Marshall Court’s constitutional vision. Contemporary interpretations read Little for the propositions that the president’s inherent wartime power may be limited by statute and that early American jurists rejected officers’ “good faith” …
Equal Footing And The States "Now Existing" Slavery And State Equality Over Time, James E. Pfander, Elena Joffroy
Equal Footing And The States "Now Existing" Slavery And State Equality Over Time, James E. Pfander, Elena Joffroy
Fordham Law Review
This Essay reexamines the question whether the Constitution empowered Congress to ban slavery in the territories. We explore that question by tracking two proposed additions to the Constitution, one that would empower Congress to ban the migration and importation of enslaved persons to all new states and territories and one that would oblige Congress to admit new states on an equal footing with the old. We show that the Federalists supported and the Convention adopted the migration provision, enabling Congress to restrict slavery to the states “now existing.” But the Federalists opposed and the Convention rejected the equal footing doctrine. …
Reframing Article I, Section 8, Richard Primus
Reframing Article I, Section 8, Richard Primus
Fordham Law Review
No abstract provided.
The Other Madison Problem, David S. Schwartz, John Mikhail
The Other Madison Problem, David S. Schwartz, John Mikhail
Fordham Law Review
The conventional view of legal scholars and historians is that James pursue a fresh and more accurate assessment of Madison and his constitutional legacy, particularly with respect to slavery. Madison was the “father” or “major architect” of the Constitution, whose unrivaled authority entitles his interpretations of the Constitution to special weight and consideration. This view greatly exaggerates Madison’s contribution to the framing of the Constitution and the quality of his insight into the main problem of federalism that the Framers tried to solve. Perhaps most significantly, it obstructs our view of alternative interpretations of the original Constitution with which Madison …
Ignoring Information Quality, Janet Freilich
Ignoring Information Quality, Janet Freilich
Fordham Law Review
Entry into the patent system is guarded by an examination process to screen out applications that impose undue costs on the public without commensurate benefit. To do this, patent examiners rely heavily on various pieces of information—both provided by the patent applicant and independently discovered by the examiner—to assess whether an application should be granted. This Article shows that there are few mechanisms at the U.S. Patent and Trademark Office for questioning the veracity of this information, even though it may be incorrect. Rather, patent examination often assumes that existence of information equals accuracy of information. Consequently, examiners may rely …
Blind Justice And Just Arbitrators: Understanding The Federal Arbitration Act’S Evident Partiality Standard, Heather Cameron
Blind Justice And Just Arbitrators: Understanding The Federal Arbitration Act’S Evident Partiality Standard, Heather Cameron
Fordham Law Review
Arbitral awards are intended to be binding on parties who subject their disputes to arbitration. However, an arbitrator’s bias in favor of one of the parties is one of the few grounds on which a party can object to such an award. The standard used to evaluate such bias is known as “evident partiality.” This Note examines two commonly used standards—referred to in this Note as the “possible impression” standard and the “likely actual bias” standard—deployed by U.S. courts to define evident partiality and determine whether the requirements for vacating an arbitral award have been fulfilled. This Note advocates that …
Seeking A Second Opinion: A Call For Congressional Evaluation Of Anti-Assignment Provisions In Employee Health Plans, Jordan Davis
Seeking A Second Opinion: A Call For Congressional Evaluation Of Anti-Assignment Provisions In Employee Health Plans, Jordan Davis
Fordham Law Review
In the health insurance context, anti-assignment provisions are contractual clauses that restrict an insured individual’s ability to assign rights due under a health plan to another party, such as a medical provider. As these provisions have become increasingly prevalent in employersponsored health plan agreements, they have effectively stripped medical providers of enforcement and litigation rights previously utilized under the Employee Retirement Income Security Act of 1974 (ERISA)—the relevant federal regulation governing employee benefit plans, including health insurance plans. This Note examines these effects in light of ERISA’s intended protections of employees participating in employer-sponsored benefit plans and considers whether congressional …
“The Rule Of The Strong, Not The Rule Of Law”: Reexamining Implicit Divestiture After Mcgirt V. Oklahoma, Joseph Palandrani
“The Rule Of The Strong, Not The Rule Of Law”: Reexamining Implicit Divestiture After Mcgirt V. Oklahoma, Joseph Palandrani
Fordham Law Review
In McGirt v. Oklahoma, the U.S. Supreme Court found that the boundaries of the Muscogee (Creek) Nation, which were set in 1866 and which encompass a large swath of present-day Oklahoma, remain intact. Although non-Indigenous people had settled on the land in droves by the early twentieth century, the Court held that the land remains “Indian Country” until Congress explicitly indicates otherwise. Because Congress never so indicated, the reservation is undiminished. McGirt marked a massive shift in the Court’s approach to the question of whether reservation boundaries remain in force; demographic history had previously figured prominently in the Court’s rulings …
Celebrating A Lasting Legacy: Foreword, Matthew Diller
Celebrating A Lasting Legacy: Foreword, Matthew Diller
Fordham Law Review Online
No abstract provided.
Celebrating A Lasting Legacy: Hon. Deborah A. Batts, James L. Kainen, Adam Shlahet
Celebrating A Lasting Legacy: Hon. Deborah A. Batts, James L. Kainen, Adam Shlahet
Fordham Law Review Online
No abstract provided.
Celebrating A Lasting Legacy: Laurence J. Abraham, Todd Melnick
Celebrating A Lasting Legacy: Laurence J. Abraham, Todd Melnick
Fordham Law Review Online
No abstract provided.
Celebrating A Lasting Legacy: Joel R. Reidenberg, Thomas Norton
Celebrating A Lasting Legacy: Joel R. Reidenberg, Thomas Norton
Fordham Law Review Online
No abstract provided.
Celebrating A Lasting Legacy: Joseph C. Sweeney, Constantine N. Katsoris
Celebrating A Lasting Legacy: Joseph C. Sweeney, Constantine N. Katsoris
Fordham Law Review Online
No abstract provided.
Celebrating A Lasting Legacy: Nitza Milagros Escalera, Leah A. Hill
Celebrating A Lasting Legacy: Nitza Milagros Escalera, Leah A. Hill
Fordham Law Review Online
No abstract provided.
Celebrating A Lasting Legacy: Robert J. Kaczorowski, Martin S. Flaherty
Celebrating A Lasting Legacy: Robert J. Kaczorowski, Martin S. Flaherty
Fordham Law Review Online
No abstract provided.
Celebrating A Lasting Legacy: Thomas Schoenherr, Michael W. Martin
Celebrating A Lasting Legacy: Thomas Schoenherr, Michael W. Martin
Fordham Law Review Online
No abstract provided.
Celebrating A Lasting Legacy: Robin Lenhardt, Kimani Paul-Emile, Jennifer Gordon
Celebrating A Lasting Legacy: Robin Lenhardt, Kimani Paul-Emile, Jennifer Gordon
Fordham Law Review Online
No abstract provided.
Celebrating A Lasting Legacy: Richard Scott Carnell, Susan Block-Lieb
Celebrating A Lasting Legacy: Richard Scott Carnell, Susan Block-Lieb
Fordham Law Review Online
No abstract provided.
Celebrating A Lasting Legacy: Marcella Silverman, Elizabeth Maresca
Celebrating A Lasting Legacy: Marcella Silverman, Elizabeth Maresca
Fordham Law Review Online
No abstract provided.
Celebrating A Lasting Legacy: Frank Chiang, Constantine N. Katsoris
Celebrating A Lasting Legacy: Frank Chiang, Constantine N. Katsoris
Fordham Law Review Online
No abstract provided.
Celebrating A Lasting Legacy: Michael M. Martin, Ian Weinstein
Celebrating A Lasting Legacy: Michael M. Martin, Ian Weinstein
Fordham Law Review Online
No abstract provided.
House Resolution Calling On Vice President Pence To Invoke 25th Amendment, House Of Representatives. United States.
House Resolution Calling On Vice President Pence To Invoke 25th Amendment, House Of Representatives. United States.
Congressional Materials
Resolution approved 223-205 on January 12, 2021 by the House of Representatives calling on Vice President Michael R. Pence to convene and mobilize the principal officers of the executive departments of the Cabinet to activate Section 4 of the 25th Amendment to declare President Donald J. Trump incapable of executing the duties of his office and to immediately exercise powers as acting President. The resolution was introduced in response to the January 6, 2021, attack on the United States Capitol.
Letter From Vice President Pence To House Speaker Nancy Pelosi Regarding The 25th Amendment, Michael R. Pence
Letter From Vice President Pence To House Speaker Nancy Pelosi Regarding The 25th Amendment, Michael R. Pence
Executive Branch Materials
Letter from Vice President Michael R. Pence to Speaker of the House of Representatives Nancy Pelosi responding to approval by the House of a resolution calling on the Vice President to convene and mobilize the principal officers of the executive departments of the Cabinet to activate Section 4 of the 25th Amendment to declare President Donald J. Trump incapable of executing the duties of his office and to immediately exercise powers as acting President. The resolution was introduced in response to the January 6, 2021, attack on the United States Capitol.
In The Classroom, In Life: Academic Librarians Combat Misinformation On Campus And Off, Jennifer Dixon
In The Classroom, In Life: Academic Librarians Combat Misinformation On Campus And Off, Jennifer Dixon
Staff Publications
No abstract provided.
Resource Reviews: International Materials On Westlaw And Lexis: An Overview, Janet Kearney
Resource Reviews: International Materials On Westlaw And Lexis: An Overview, Janet Kearney
Staff Publications
No abstract provided.
Copyright Fair Use And The Digital Carnivalesque: Towards A New Lexicon Of Transformative Internet Memes, David Tan, Angus J. Wilson
Copyright Fair Use And The Digital Carnivalesque: Towards A New Lexicon Of Transformative Internet Memes, David Tan, Angus J. Wilson
Fordham Intellectual Property, Media and Entertainment Law Journal
The influence of social media in the 21st century has led to new social norms of behavior with individuals presenting themselves to others, whether physically or virtually, on various social media platforms. As a result, these new trends have led recent society to be characterized as a “presentational cultural regime” and a “specular economy.” In a Bakhtinian digital carnivalesque, internet memes present a feast of challenges to exceptions and limitations in copyright law. Memes encompass a wide range of expression about the human experience, while also existing as a playful mode of culturally permissible expression in online social communications rather …
The Sharing Economy & The Platform Operator‐User‐Provider “Pup Model”: Analytical Legal Frameworks, Juan Jose Diaz-Granados, Benedict Sheehy
The Sharing Economy & The Platform Operator‐User‐Provider “Pup Model”: Analytical Legal Frameworks, Juan Jose Diaz-Granados, Benedict Sheehy
Fordham Intellectual Property, Media and Entertainment Law Journal
The Sharing Economy and related platform technologies have disrupted work, consumption, and business in ways unimaginable even a decade ago. Creating great wealth and opportunity for some, the Sharing Economy has equally undermined job security and safety for many others. One challenge for regulators, legal advisors, and scholars is developing a rigorous analytical model for these related phenomena. We present the first comprehensive legal framework for distinguishing and analyzing the various components of the Sharing Economy and their interrelationships. Our analysis is based on contract law and property law, providing a delimitation within the Sharing Economy and platform technologies based …
Designing Dupes: A Legislative Proposal For Holding Online Marketplaces Contributorily Liable For Counterfeit Goods, Gina Boone
Fordham Intellectual Property, Media and Entertainment Law Journal
With a simple click on your favorite online marketplace, any consumer can unknowingly buy counterfeit goods. Counterfeits are no longer limited to fake luxury bags on the streets of Chinatown. These dupes can be roller skates, children’s toys, and even car tires. However, counterfeit products’ impact reaches far beyond just consumer health and safety. Counterfeiting negatively affects small businesses, imposes financial burdens, and causes reputational damage. Online marketplaces are aware of the increase of counterfeit products on their websites. Yet, they continue to facilitate its growth because it is unlikely the online platforms will be held liable for the sale …