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Articles 1291 - 1320 of 5038
Full-Text Articles in Law
Fraud Created The Market: Presuming Reliance In Rule 10(B)-5 Primary Securities Market Fraud Litigation , Matt Silverman
Fraud Created The Market: Presuming Reliance In Rule 10(B)-5 Primary Securities Market Fraud Litigation , Matt Silverman
Fordham Law Review
This Note addresses the circuit split regarding the “fraud created the market” presumption of reliance in Rule 10b-5 securities fraud cases. Fraud created the market was first adopted by the U.S. Court of Appeals for the Fifth Circuit in Shores v. Sklar, and applies in cases where a defendant has engaged in a “scheme to defraud” the investing public in the primary securities market. This Note first discusses Congress’s intent behind relevant securities laws, the effect presuming reliance has on the class certification process, and how the presumption of reliance has been applied in Rule 10b-5 actions by the U.S. …
Pulling The Trigger On Public Campaign Finance: The Contextual Approach To Analyzing Trigger Funds , George Lobiondo
Pulling The Trigger On Public Campaign Finance: The Contextual Approach To Analyzing Trigger Funds , George Lobiondo
Fordham Law Review
The unpredictable nature of electoral politics makes it difficult for public campaign financing programs to be both efficient and effective. Programs that award too much money to publicly funded candidates risk insolvency, while miserly systems cannot attract participants. Moreover, the competitiveness of any given race changes with each election cycle—what was a landslide one year might be the closest of contests next November. Several states have tried to address this dilemma by enacting “trigger” provisions that disburse extra money to publicly funded candidates only after their opponents raise or spend beyond a certain amount. These laws have faced legal challenges …
Keeping Up With Officer Jones: A Comprehensive Look At The Fourth Amendment And Gps Surveillance , Kaitlyn A. Kerrane
Keeping Up With Officer Jones: A Comprehensive Look At The Fourth Amendment And Gps Surveillance , Kaitlyn A. Kerrane
Fordham Law Review
Each day, individuals use technological devices to make their lives easier. One such device is the Global Positioning System (GPS), which has increasingly gained popularity in recent years. Police use of GPS in robbery, drug, murder and other investigations has also increased. Several high profile cases have brought the law enforcement uses of GPS into the public eye and elicited a public response. Warrantless installation and monitoring of these devices for up to months at a time have been challenged as unreasonable Fourth Amendment searches. The U.S. Supreme Court has not decided on the constitutional issues raised by police GPS …
The Need For Non-Discretionary Interlocutory Appellate Review In Multidistrict Litigation , Andrew S. Pollis
The Need For Non-Discretionary Interlocutory Appellate Review In Multidistrict Litigation , Andrew S. Pollis
Fordham Law Review
Multidistrict Litigation (MDL) is a tool for managing complex litigation by transferring cases with common questions of fact to a single judge for coordinated pretrial proceedings. The subject matter of the cases can run the gamut from airplane crashes to securities fraud to environmental disasters, such as the recent BP oil spill in the Gulf of Mexico. Today, about a third of all pending civil cases in federal court are part of the MDL system. A single judge renders all the important legal decisions in each MDL, exerting outsized impact on the parties and on the evolution of the law—and …
Mortgage Modification, Equitable Subordination, And The Honest But Unfortunate Creditor, Juliet M. Moringiello
Mortgage Modification, Equitable Subordination, And The Honest But Unfortunate Creditor, Juliet M. Moringiello
Fordham Law Review
Mortgage foreclosures are at an all-time high and property values in many parts of the country have declined precipitously. Yet bankruptcy, which is often a last resort for individuals in financial distress, provides little relief to a homeowner who finds that her mortgage debt exceeds the value of her home. The reason for bankruptcy’s inadequacy in this regard is the Bankruptcy Code’s prohibition on the modification of home mortgages, a prohibition that became part of bankruptcy law in 1978 when most home mortgage loans were thirty-year fixed rate loans made by savings and loan associations. While most secured loans can …
Alien Language: Immigration Metaphors And The Jurisprudence Of Otherness , Keith Cunningham-Parmeter
Alien Language: Immigration Metaphors And The Jurisprudence Of Otherness , Keith Cunningham-Parmeter
Fordham Law Review
Metaphors tell the story of immigration law. Throughout its immigration jurisprudence, the U.S. Supreme Court has employed rich metaphoric language to describe immigrants attacking nations and aliens flooding communities. This Article applies research in cognitive linguistics to critically evaluate the metaphoric construction of immigrants in the law. Three conceptual metaphors dominate legal texts: immigrants are aliens, immigration is a flood, and immigration is an invasion. In order to gauge the prevalence of these metaphors, the Article engages in a textual analysis of modern Supreme Court opinions and presents original empirical data on the incidence of alienage terminology in federal court …
The Scales Of Justice: Former Clerks Weigh In, Owen Glist
The Scales Of Justice: Former Clerks Weigh In, Owen Glist
Fordham Law Review
No abstract provided.
Justice Through Pragmatism And Process: A Tribute To Judge Denny Chin, Frank H. Wu
Justice Through Pragmatism And Process: A Tribute To Judge Denny Chin, Frank H. Wu
Fordham Law Review
No abstract provided.
Judge Denny Chin: A Student Of The Law, John D. Feerick
Judge Denny Chin: A Student Of The Law, John D. Feerick
Fordham Law Review
No abstract provided.
Listening To Victims , Jayne W. Barnard
Holland V. Florida: A Prisoner’S Last Chance, Attorney Error, And The Antiterrorism And Effective Death Penalty Act’S One-Year Statute Of Limitations Period For Federal Habeas Corpus Review, Marni Von Wilpert
Fordham Law Review
No abstract provided.
Promoting Residential Integration Through The Fair Housing Act: Are Qui Tam Actions A Viable Method Of Enforcing “Affirmatively Furthering Fair Housing” Violations?, Matthew J. Termine
Promoting Residential Integration Through The Fair Housing Act: Are Qui Tam Actions A Viable Method Of Enforcing “Affirmatively Furthering Fair Housing” Violations?, Matthew J. Termine
Fordham Law Review
No abstract provided.
The Possibility Of Transfer(?): A Comprehensive Approach To The International Criminal Tribunal For Rwanda’S Rule 11bis To Permit Transfer To Rwandan Domestic Courts, Jesse Melman
Fordham Law Review
No abstract provided.
Toward A Functional Alternative To Courtroom Adjudication: The Federal Arbitration Act And Third Party Document Discovery, Sara Rosenberg
Toward A Functional Alternative To Courtroom Adjudication: The Federal Arbitration Act And Third Party Document Discovery, Sara Rosenberg
Fordham Law Review
No abstract provided.
Federal Rule Of Evidence 804(B)(1)’S “Similar Motive” Test And The Admissibility Of Grand Jury Testimony Against The Government, Brandon Berkowski
Federal Rule Of Evidence 804(B)(1)’S “Similar Motive” Test And The Admissibility Of Grand Jury Testimony Against The Government, Brandon Berkowski
Fordham Law Review
No abstract provided.
A Contractual Approach To Shareholder Oppression Law, Benjamin Means
A Contractual Approach To Shareholder Oppression Law, Benjamin Means
Fordham Law Review
No abstract provided.
Cftc V. Gibraltar Monetary Corp. And Vicarious Liability Under The Commodity Exchange Act, Jason E. Friedman
Cftc V. Gibraltar Monetary Corp. And Vicarious Liability Under The Commodity Exchange Act, Jason E. Friedman
Fordham Law Review
This Comment analyzes CFTC v. Gibraltar Monetary Corp., a 2009 decision in which the U.S. Court of Appeals for the Eleventh Circuit introduced a control requirement into the Commodity Exchange Act's vicarious liability provision. In so doing, the court rejected the U.S. Commodity Futures Trading Commission's long-held totality of the circumstances approach, in which any one factor, including control, is not dispositive of an agency relationship. This decision has created an undesirable situation in which retail foreign exchange dealers and futures commission merchants need not investigate the character of their introducing entities before retaining them, allowing them to easily avoid …
The Lawyer's “Prisoner's Dilemma”: Duty And Self-Defense In Postconviction Ineffectiveness Claims, Jenna C. Newmark
The Lawyer's “Prisoner's Dilemma”: Duty And Self-Defense In Postconviction Ineffectiveness Claims, Jenna C. Newmark
Fordham Law Review
Many criminal defendants who face significant sentences and are unsuccessful on appeal petition for collateral habeas corpus relief. One common ground for postconviction relief is that defense counsel was unconstitutionally ineffective before, during, or after trial. This presents an ethical dilemma for those defense attorneys who have withdrawn from representation and are accused of being ineffective. Should an accused lawyer disclose confidential client information to the prosecution in self- defense against these claims? Or should the lawyer, even in the face of attacks on his work, help his former client in substantiating ineffectiveness claims? Lawyers and courts must balance the …
How The Establishment Clause Can Influence Substantive Due Process: Adultery Bans After Lawrence, Andrew D. Cohen
How The Establishment Clause Can Influence Substantive Due Process: Adultery Bans After Lawrence, Andrew D. Cohen
Fordham Law Review
Criminal adultery bans, despite widespread transgression and lax enforcement, remain on the books in a substantial minority of states. The landmark Lawrence v. Texas decision casts doubt on all state interference with consensual sexual activity among adults, including adultery bans. Additionally, adultery bans on their face implicate the Establishment Clause, due to adultery bans' and marriage's roots in religious doctrine and religiosity. This Note examines the constitutionality of adultery bans after Lawrence v. Texas, and proposes a novel approach to substantive due process analysis that applies Establishment Clause values. In proposing what this Note dubs the "Establishment Clause prism," through …
Just A Soul Whose Intentions Are Good? The Relevance Of A Defendant's Subjective Intent In Defining A “Destructive Device” Under The National Firearms Act
Fordham Law Review
This Note addresses the three-way circuit split among the U.S. Courts of Appeals over when, and to what extent, a court may consider a defendant's subjective intent in defining a "destructive device" under the National Firearms Act. The circuit split centers on the Act's ambiguous reference to intent in its definition of a destructive device, which is a statutorily prohibited firearm. After discussing the Act's legislative history and development, this Note considers the role of mens rea in National Firearms Act cases. It next addresses the disagreement among the Courts of Appeals, first detailing three cases that give rise to …
Reconciling Ripley And Joye: A Fact-Sensitive Analysis Of Petition-Year And Pre-Petition-Year Income Tax Claims In Chapter 13 Bankruptcies, Janicelynn J. Asamoto
Reconciling Ripley And Joye: A Fact-Sensitive Analysis Of Petition-Year And Pre-Petition-Year Income Tax Claims In Chapter 13 Bankruptcies, Janicelynn J. Asamoto
Fordham Law Review
Parties to a chapter 13 bankruptcy often contest the status and dischargeability of income tax claims, especially when proofs of claim for these taxes are filed late. Prepetition claims that are filed late may be discharged once the debtor successfully completes a chapter 13 repayment plan. Taxing authorities, however, often allege that these liabilities represent nondischargeable postpetition claims that have "become payable" after the bankruptcy petition was filed. Courts have resolved this issue in conflicting ways: while some have found that taxes "become payable" at the end of the taxable year, most have ruled that the tax return's due date …
The Unforeseen Costs Of Going To Trial: The Vitality Of 212(C) Relief For Lawful Permanent Residents Convicted By Trial, Mark J. Difiore
The Unforeseen Costs Of Going To Trial: The Vitality Of 212(C) Relief For Lawful Permanent Residents Convicted By Trial, Mark J. Difiore
Fordham Law Review
Before 1996, a Lawful Permanent Resident (LPR) who was made deportable by a criminal conviction could apply for discretionary relief from deportation under section 212(c) of the Immigration and Nationality Act. This relief, commonly known as "212(c) relief," was repealed in 1996. In 2001, the Supreme Court confronted the issue of whether an LPR with a pre-1996 deportable conviction could apply for 212(c) relief in his later post-repeal removal proceedings. The Court decided that an LPR who pleaded guilty to his pre-1996 conviction could still apply for 212(c) relief following the 1996 repeal. The status of those LPRs who were …
Consider The Source: When The Harasser Is The Boss
Consider The Source: When The Harasser Is The Boss
Fordham Law Review
In Consider the Source, Susan Grover and Kim Piro argue for a change in the analysis that courts apply to determine whether actionable workplace harassment has occurred. They identify a gap in current doctrine, which allows courts to ignore the status of the harasser as co-worker or supervisor. The authors argue that harassment at the hands of a supervisor is necessarily more severe and pervasive than the same harassment by a co- worker. As a result, they recommend that the harasser's identity as a supervisor or co-worker be treated as a necessary consideration when courts assess whether actionable harassment has …
Property Is A Two-Way Street: Personal Copyright Use And Implied Authorization
Property Is A Two-Way Street: Personal Copyright Use And Implied Authorization
Fordham Law Review
When we use the Internet, we know that copyright law limits our freedom. We know, for example, that downloading popular music is legally risky. Those who want to get moralistic about it argue that illegal downloading violates a "property" right of the copyright holder. But what about our property rights in our computers? Even if copyright is a form of property, it maintains a parallel existence as an intrusion upon property rights. This intrusion is increasingly a part of daily life, as copyright's literal scope sweeps broadly enough to threaten a range of everyday activities that social norms rega rd …
From Eugenics To The “New” Genetics: “The Play's The Thing”, Karen H. Rothenberg
From Eugenics To The “New” Genetics: “The Play's The Thing”, Karen H. Rothenberg
Fordham Law Review
No abstract provided.
The Federal Information Security Management Act Of 2002: A Potemkin Village, Daniel M. White
The Federal Information Security Management Act Of 2002: A Potemkin Village, Daniel M. White
Fordham Law Review
Due to the daunting possibilities of cyberwarfare, and the ease with which cyberattacks may be conducted, the United Nations has warned that the next world war could be initiated through worldwide cyberattacks between countries. In response to the growing threat of cyberwarfare and the increasing importance of information security, Congress passed the Federal Information Security Management Act of 2002 (FISMA). FISMA recognizes the importance of information security to the national economic and security interests of the United States. However, this Note argues that FISMA has failed to significantly bolster information security, primarily because FISMA treats information security as a technological …
Preemption, Patchwork Immigration Laws, And The Potential For Brown Sundown Towns, Maria Marulanda
Preemption, Patchwork Immigration Laws, And The Potential For Brown Sundown Towns, Maria Marulanda
Fordham Law Review
The raging debate about comprehensive immigration reform is ripe ground to overhaul federal exclusivity in the immigration context and move toward a cooperative federal and state-local model. The proliferation of immigration-related ordinances at the state and local level reflects “lawful” attempts to enforce immigration law to conserve limited resources for citizens and legal residents. Although the federal immigration statutes contemplate state and local involvement, the broad federal preemption model used to analyze immigration laws displaces many state-local ordinances, resulting in frustration at the inability to enforce the community’s resolve that is manifested through violence against Latino immigrants. Broad federal preemption …
Reconciling Originalism And The History Of The Public Use Clause, Emily A. Johnson
Reconciling Originalism And The History Of The Public Use Clause, Emily A. Johnson
Fordham Law Review
The history of the Fifth Amendment’s Takings Clause is virtually nonexistent. For at least the last century, the U.S. Supreme Court has interpreted its public use language broadly, allowing takings for the purposes of rectifying urban blight, facilitating land redistribution, and most recently, in Kelo v. City of New London, promoting economic benefit. In that case, Justice Thomas dissented vigorously, arguing that the Kelo Court had strayed from the original meaning of public use and urging it to return to requiring actual use by the public when property is condemned. In light of Justice Thomas’s argument that the Court had …
A World Without Internet: A New Framework For Analyzing A Supervised Release Condition That Restricts Computer And Internet Access, Gabriel Gillett
A World Without Internet: A New Framework For Analyzing A Supervised Release Condition That Restricts Computer And Internet Access, Gabriel Gillett
Fordham Law Review
This Note explores whether a condition of supervised release that restricts computer and Internet access violates the doctrine of unconstitutional conditions. Although a circuit split has developed regarding the scope of a permissible restriction, as Courts of Appeals have been inundated with cases challenging the validity of these technology restrictions, no court has yet viewed these limits through the lens of the doctrine of unconstitutional conditions. This Note begins with a discussion of the First Amendment and the theory of unconstitutional conditions, tracing their respective developments in cases relating to prisoners, speech, and the Internet age. Next, it synthesizes the …
The More You Gain, The More You Lose: Sentencing Insider Trading Under The U.S. Sentencing Guidelines, Danielle Demasi Chattin
The More You Gain, The More You Lose: Sentencing Insider Trading Under The U.S. Sentencing Guidelines, Danielle Demasi Chattin
Fordham Law Review
Insider trading defendants are sentenced under the general economic crime provisions of the U.S. Sentencing Guidelines. These provisions provide a chart, which prescribes a gradually increasing offense level based on “the gain resulting from the offense.” Only two circuit courts have yet to define “gain” for sentencing purposes, resulting in a split in methodology. Due to the tremendous weight the Guidelines place on the amount of “gain” when calculating a sentence, the potential result of using different methodologies to calculate “gain” is the difference between freedom and years of incarceration. This Note examines the problems involved with both of the …