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Fordham Law Review

2017

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Articles 91 - 106 of 106

Full-Text Articles in Law

The Phillip D. Reed Lecture Series: Conference On Possible Amendments To Federal Rules Of Evidence 404(B), 807, And 801(D)(1)(A), Daniel J. Capra Mar 2017

The Phillip D. Reed Lecture Series: Conference On Possible Amendments To Federal Rules Of Evidence 404(B), 807, And 801(D)(1)(A), Daniel J. Capra

Fordham Law Review

PROFESSOR CAPRA: Thank you, Judge. So let’s start today with some basic details. There will be a transcript of these proceedings, and it will be published in the Fordham Law Review. I’d like to thank the Fordham Law Review for taking this on and agreeing to do it.

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The Robert L. Levine Distinguished Lecture: A Conversation With Justice Ruth Bader Ginsburg And Professor Aaron Saiger, Ruth Bader Ginsburg, Aaron Saiger Mar 2017

The Robert L. Levine Distinguished Lecture: A Conversation With Justice Ruth Bader Ginsburg And Professor Aaron Saiger, Ruth Bader Ginsburg, Aaron Saiger

Fordham Law Review

PROFESSOR AARON SAIGER: It’s a signal honor for Fordham Law School and a personal honor for me and a pleasure to have Justice Ginsburg here tonight. We want to thank you for coming. I think I will not reiterate all of the thanks Dean Diller has offered, except to say that we are very grateful to the Levine family and deeply indebted to the students of the Law Review who have made tonight happen. The format of the evening is as follows: I will ask questions and the Justice will answer them.

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Expanding (Or Just Fixing) The Residual Exception To The Hearsay Rule, Daniel J. Capra Mar 2017

Expanding (Or Just Fixing) The Residual Exception To The Hearsay Rule, Daniel J. Capra

Fordham Law Review

The Judicial Conference Advisory Committee on Evidence Rules (“the Committee”) has been considering whether to amend Federal Rule of Evidence 807 (known as the residual exception to the hearsay rule) to improve the way the Rule functions—and also to allow the admission of more hearsay if it is reliable. At the conference sponsored by the Committee in October, 2016—transcribed in this Fordham Law Review issue—the Committee submitted a working draft of an amendment that was vetted by the experts at the conference and reviewed favorably by most. This Article analyzes the arguments in favor of and against the reform of …

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The Three Commandments Of Amending The Federal Rules Of Evidence, Victor Gold Mar 2017

The Three Commandments Of Amending The Federal Rules Of Evidence, Victor Gold

Fordham Law Review

The Rules have been amended many times in the forty years since they were enacted. Unlike the original drafting process, which necessarily involved consideration of the Rules as a whole, each round of amendments was limited to a specific Rule or set of Rules. This particularized focus is not myopic, but unavoidable; the Rules are numerous and complex, and the time of the Advisory Committee and Congress is limited. But after more than forty years, a broader perspective is possible. The purpose of this Article is to provide a small bit of that perspective, which this Article distills into three …

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American Nationals And Interstitial Citizenship, Rose Cuison Villazor Mar 2017

American Nationals And Interstitial Citizenship, Rose Cuison Villazor

Fordham Law Review

Citizenship scholarship is pervasively organized around a binary concept: there is citizenship (which is acquired at birth or through naturalization) and there is noncitizenship (which accounts for everyone else). This Article argues that this understanding is woefully incomplete. In making this argument, I tell the story of noncitizen nationals, a group referred to by this Article as American nationals. Judicially constructed in the 1900s, and codified by Congress in 1940, American nationals possess some of the rights inherent to citizenship, such as the right to enter and reside in the United States without a visa. Yet, they do not have …

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Big Budget Productions With Limited Release: Video Retention Issues With Body-Worn Cameras, Bradley X. Barbour Mar 2017

Big Budget Productions With Limited Release: Video Retention Issues With Body-Worn Cameras, Bradley X. Barbour

Fordham Law Review

Since 2013, there has been growing support for police body-worn cameras in the wake of several high-profile and controversial encounters between citizens and law enforcement. The federal government has justified budgetary measures funding body-worn camera programs as a means to facilitate trust between law enforcement and the public through the objectivity of video footage—a sentiment supported by many lawmakers advocating for implementation of this technology. These policy goals, however, are stymied by a deficiency of police department policies and state statutes regulating the retention of footage and close adherence of states to the precedent of Arizona v. Youngblood, which …

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Who Put The Quo In Quid Pro Quo?: Why Courts Should Apply Mcdonnell ’S “Official Act” Definition Narrowly, Adam F. Minchew Mar 2017

Who Put The Quo In Quid Pro Quo?: Why Courts Should Apply Mcdonnell ’S “Official Act” Definition Narrowly, Adam F. Minchew

Fordham Law Review

Federal prosecutors have several tools at their disposal to bring criminal charges against state and local officials for their engagement in corrupt activity. Section 666 federal funds bribery and § 1951 Hobbs Act extortion, two such statuary tools, have coexisted for the past thirty-six years, during which time § 666 has seen an increasing share of total prosecutions while the Hobbs Act’s share of prosecutions has fallen commensurately. In the summer of 2016, the U.S. Supreme Court decided McDonnell v. United States—a decision that threatens to quicken the demise of Hobbs Act extortion in favor of § 666. If …

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Carpooling Liability?: Applying Tort Law Principles To The Joint Emergence Of Self-Driving Automobiles And Transportation Network Companies, Jacob D. Walpert Mar 2017

Carpooling Liability?: Applying Tort Law Principles To The Joint Emergence Of Self-Driving Automobiles And Transportation Network Companies, Jacob D. Walpert

Fordham Law Review

Self-driving automobiles have emerged as the future of vehicular travel, but this innovation is not developing in isolation. Simultaneously, the popularity of transportation network companies functioning as ride-hailing and ride-sharing services have altered traditional conceptions of personal transportation. Technology companies, conventional automakers, and start-up businesses each play significant roles in fundamentally transforming transportation methods. These transformations raise numerous liability questions. Specifically, the emergence of self-driving vehicles and transportation network companies create uncertainty for the application of tort law’s negligence standard. This Note addresses technological innovations in vehicular transportation and their accompanying legislative and regulatory developments. Then, this Note discusses the …

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Justice And Other Crimes Evidence: The Smorgasbord Ploy, Kenneth Graham Mar 2017

Justice And Other Crimes Evidence: The Smorgasbord Ploy, Kenneth Graham

Fordham Law Review

The smorgasbord ploy probably plays only a minor role in the admission of other crimes evidence. But it offers us a nice window into the uses and abuses of Rule 404(b) of the Federal Rules of Evidence (“the Rules”) and its state clones. Rule 404(b)’s drafters may have supposed that trial judges would look among the illustrative uses in Rule 404(b) and select the one or two that seem most apropos to the case before them. However, the practitioners of smorgasbordism do not make any choices but instead list all (or most) of the illustrative uses to support the admission …

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Where Oil Is King, Kristen Van De Biezenbos Mar 2017

Where Oil Is King, Kristen Van De Biezenbos

Fordham Law Review

Donald Trump has won the 2016 presidential election, and, based on his campaign rhetoric, it seems reasonable to anticipate that the next four years will see a rollback of federal rules and regulations originally intended to combat climate change and environmental pollution in favor of increased production of fossil fuels, including coal. This raises the question of where we can look for protection of environmental goals, if not to federal law or agencies. Unconventional solutions to energy and environmental issues may be the only way to move forward on environmental challenges in the near term. This Article suggests one such …

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Cfius In The Age Of Chinese Investment, Patrick Griffin Mar 2017

Cfius In The Age Of Chinese Investment, Patrick Griffin

Fordham Law Review

As China’s economy has developed, its companies, both state-owned and privately held, have moved to expand their operations in the United States to the point where many now seek to invest in—and on occasion, acquire—U.S. counterparts. This trend has set off alarm bells over fears that China’s unique political and economic system, which gives the state extensive influence over all corporations regardless of their ownership structure, renders such transactions national security threats. Recent hostility toward Chinese-led inbound investment is not a new trend; Congress has attempted to assert itself into the screening process undertaken by the Committee on Foreign Investment …

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Updating The Social Network: How Outdated And Unclear State Legislation Violates Sex Offenders’ First Amendment Rights, Elizabeth Tolon Mar 2017

Updating The Social Network: How Outdated And Unclear State Legislation Violates Sex Offenders’ First Amendment Rights, Elizabeth Tolon

Fordham Law Review

Readily available on computers, phones, tablets, or television, social media has become a necessary platform of expression for many. But, for others, social media is an inaccessible tool whose very use has criminal repercussions. To protect innocent children, many states have enacted legislation restricting sex offenders’ access to social media. Unfortunately, this legislation is often outdated, overly restrictive, and unconstitutional under the First Amendment. North Carolina has recently attracted national attention, as its statute highlights the potential constitutional issues states face in drafting such legislation. To avoid the constitutional concerns that North Carolina faces, state legislators must draft statutes narrowly …

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A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney Jan 2017

A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney

Fordham Law Review

Using this broad connotation of justice, this Article questions whether many victims of legal malpractice are denied access to justice. In writing about the regulatory function of legal malpractice as a tort, Professor John Leubsdorf argues that legal malpractice relates to three important functions of the law of lawyering: “[D]elineating the duties of lawyers, creating appropriate incentives and disincentives for lawyers in their dealings with clients and others, and providing access to remedies for those injured by improper lawyer behavior.” Arguably, persons injured by lawyer misconduct are denied access to justice if our civil liability system does not provide them …

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A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney Jan 2017

A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney

Fordham Law Review

Using this broad connotation of justice, this Article questions whether many victims of legal malpractice are denied access to justice. In writing about the regulatory function of legal malpractice as a tort, Professor John Leubsdorf argues that legal malpractice relates to three important functions of the law of lawyering: “[D]elineating the duties of lawyers, creating appropriate incentives and disincentives for lawyers in their dealings with clients and others, and providing access to remedies for those injured by improper lawyer behavior.” Arguably, persons injured by lawyer misconduct are denied access to justice if our civil liability system does not provide them …

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The Twenty-Fifth Amendment And The Establishment Of Medical Impairment Panels: Are The Two Safely Compatible?, Robert E. Gilbert Jan 2017

The Twenty-Fifth Amendment And The Establishment Of Medical Impairment Panels: Are The Two Safely Compatible?, Robert E. Gilbert

Fordham Law Review

At least two proposals have been offered by prominent members of the medical community to establish “Medical Impairment Panels” to monitor the health of Presidents of the United States and to facilitate the implementation of relevant Sections of the Twenty-Fifth Amendment. The first discussed in this Article was made by Dr. Herbert Abrams, a now deceased professor of radiology at Stanford University; the second by Dr. Bert Park, a prominent Missouri neurosurgeon. Dr. Abrams and Dr. Park spoke and wrote about their plans frequently over the years. The objective of each proposal was to ensure that the Vice President, the …

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Foreword: Moore Kinship, Robin A. Lenhardt, Clare Huntington Jan 2017

Foreword: Moore Kinship, Robin A. Lenhardt, Clare Huntington

Fordham Law Review

Forty years ago, Mrs. Inez Moore, a widowed black mother and grandmother of little means, secured a victory that likely seemed improbable to many. Without any money, but with the assistance of a team of dedicated Legal Aid attorneys, she took her lawsuit challenging an East Cleveland, Ohio, zoning ordinance that made it a crime for her to live with her grandson all the way to the U.S. Supreme Court and won. The ordinance permitted certain extended family configurations to reside together within the city’s limits, but it prohibited Inez’s family arrangement. Just by bringing her infant grandson John Jr., …

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