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Articles 1411 - 1440 of 5038
Full-Text Articles in Law
Reexamining The Arguments In Owen M. Fiss, Against Settlement, Kenneth R. Feinberg
Reexamining The Arguments In Owen M. Fiss, Against Settlement, Kenneth R. Feinberg
Fordham Law Review
No abstract provided.
Three Things To Be Against ("Settlement" Not Included), Michael Moffitt
Three Things To Be Against ("Settlement" Not Included), Michael Moffitt
Fordham Law Review
No abstract provided.
Mediation Exceptionality, Jacqueline Nolan-Haley
Mediation Exceptionality, Jacqueline Nolan-Haley
Fordham Law Review
No abstract provided.
Comments On Owen M. Fiss, Against Settlement (1984), Hon. Jack B. Weinstein
Comments On Owen M. Fiss, Against Settlement (1984), Hon. Jack B. Weinstein
Fordham Law Review
No abstract provided.
The History Of An Idea, Owen M. Fiss
Berkemer Revisited: Uncovering The Middle Ground Between Miranda And The New Terry, Michael J. Roth
Berkemer Revisited: Uncovering The Middle Ground Between Miranda And The New Terry, Michael J. Roth
Fordham Law Review
Over the past twenty-five years, appellate courts have significantly expanded the scope of police authority to stop and frisk potential suspects without probable cause, a power originally granted to law enforcement by the Supreme Court in Terry v. Ohio. This development has led Terry’s once limited licensing of police searches to run into conflict with a defendant’s right against compulsory self-incrimination while in police custody, as articulated by Miranda v. Arizona. This Note explores the contours of this unforeseen collision between two core constitutional doctrines and the solutions generated by appellate courts to resolve the conflict. Courts today are generally …
Interpreting The 1997 Amendment To The Idea: Did Congress Intend To Limit The Remedy Of Private School Tuition Reimbursement For Disabled Children?, Emily S. Rosenblum
Interpreting The 1997 Amendment To The Idea: Did Congress Intend To Limit The Remedy Of Private School Tuition Reimbursement For Disabled Children?, Emily S. Rosenblum
Fordham Law Review
The Individuals with Disabilities Education Act (IDEA) requires school districts to fund private school placements for disabled children who cannot be educated appropriately in public school. This Note explores the conflict over whether private school tuition reimbursement should be available under the IDEA to parents who place their disabled children in private school without previously receiving special education from a public agency. The conflict hinges on whether a 1997 amendment to the IDEA foreclosed the equitable considerations previously utilized by the courts to determine whether tuition reimbursement was appropriate and limited the remedy to cases where the child previously received …
Barriers To Representation For Detained Immigrants Facing Deportation: Varick Street Detention Facility, A Case Study, Peter L. Markowitz
Barriers To Representation For Detained Immigrants Facing Deportation: Varick Street Detention Facility, A Case Study, Peter L. Markowitz
Fordham Law Review
No abstract provided.
Reports Of The Subcommittee On Enhancing Mechanism For Service Delivery, Claudia Slovinsky
Reports Of The Subcommittee On Enhancing Mechanism For Service Delivery, Claudia Slovinsky
Fordham Law Review
No abstract provided.
How The Decisions In Favor Of The Stein Thirteen Will Affect The Litigation Of Corporate Crime And Department Of Justice Policies And Expand The Sixth Amendment Right To Counsel, Christopher Mcnamara
How The Decisions In Favor Of The Stein Thirteen Will Affect The Litigation Of Corporate Crime And Department Of Justice Policies And Expand The Sixth Amendment Right To Counsel, Christopher Mcnamara
Fordham Law Review
The U.S. Court of Appeals for the Second Circuit became the first appellate court in nearly thirty years to uphold the dismissal of criminal indictments for a Sixth Amendment right-to-counsel vilation. United States v. Stein is a unique case that intertwines constitutional interpretation, constitutional remedies, white collar crime, and U.S. Department of Justice (DOJ) policy. The immediate effects of the Stein decisions not only reflect the changing attitudes at the DOJ on how to prosecute white collar crime but have simultaneously caused the Doj to implement such changes. As the Sixth Amendment has developed and augmented such changes, so has …
It's Been A Privilege: Advising Patients Of The Tarasoff Duty And Its Legal Consequences For The Federal Psychotherapist-Patient Privilege, Elisia Klinka
Fordham Law Review
State laws modeled on Tarasoff v. Regents of the University of California require psychotherapists to warn potential victims of law enforcement when treating dangerous patients who make serious threats of harm to another person. In practice, many psychotherapists advise their patients who make such threats about their duty under these Tarasoff-model laws. Although they are not required to make these advisories by law, psychotherapists generaly assume that they asldo have a concomitant ethical duty to advise their patients taht such threats will not be kept confidential, as their communications normally world be. This Note looks at how these advisories affect …
Answering Justice Scalia's Question: Dual Sovereignty And The Sixth Amendment Right To Counsel After Texas V. Cobb And Montejo V. Louisiana, Ryan M. Yanovich
Answering Justice Scalia's Question: Dual Sovereignty And The Sixth Amendment Right To Counsel After Texas V. Cobb And Montejo V. Louisiana, Ryan M. Yanovich
Fordham Law Review
Since the U.S. Supreme Court decided Texas v. Cobb in 2001, eight courts of appeals have rached divergent conclusions as to the scope and extent of a criminal defendant's Sixth Amendment right to counsel when he is being prosecuted by multiple sovereigns, including, most recently, the U.S. Court of appeals for the Eleventh Circuit in 2008. Invariably, each circuit court purports to draw conclusive support for its holding from the plain language of Cobb. The conflict among the circuits reveals a tension between the courts; desire to balance fundamental individual and legitimate state interests, achieve uniformity and consistency in the …
Delayed Access To Generic Medicine: A Comment On The Hatch-Waxman Act And The "Approval Bottleneck, Ankur N. Patel
Delayed Access To Generic Medicine: A Comment On The Hatch-Waxman Act And The "Approval Bottleneck, Ankur N. Patel
Fordham Law Review
Prescription drug costs can be astronomical. The advent of generic drugs, which sell at substantially lower prices than their brand-name counterparts, can save consumers billions of dollars per year. The Hatch-Waxman Act, which governs the introduction of generic pharmaceuticals into the marketplace, produces an undesired side effect-the "approval bottleneck." This Comment examines the "approval bottleneck"-a potential roadbolock to the generic drug approval process, and comments on attempts to alleviate the problem. This comment suggest that developments in statutes and case law have made leaps in attempting to alleviate the "approval bottleneck" problem. The Comment evaluate these developments, which include (1) …
The Free Jammie Movement: Is Making A File Available To Other Users Over A Peer-To-Peer Computer Network Sufficient To Infringe The Copyright Owner's 17 U.S.C. § 106(3) Distribution Right?, Ken Nicholds
Fordham Law Review
Of the thousands of lawsuits brought by the Recording Industry Association of America against individuals for sharing music files over the Internet, the case of Jammie Thomas-Rasset was the first to complete a full jury trial. The judge vacated the intial judgment against Thomas-Rasset because he found, sua sponte, that he was mistaken when he instructed the jury that making a file available over a computer network for others to download is sufficient to find infringement of the exclusive distribution right of the copyright owner under 17 U. S. C. § 106(3). This Note argues that there is no making-available …
The Philip F. Reed Lecture Series, Panel Discussion, Sanctions In Electronic Discovery Cases: Views From The Judges, Hon. John M. Facciola, Hon. Elizabeth D. Laporte, Hon. Loretta A. Preska, Hon. Shira A. Scheindlin
The Philip F. Reed Lecture Series, Panel Discussion, Sanctions In Electronic Discovery Cases: Views From The Judges, Hon. John M. Facciola, Hon. Elizabeth D. Laporte, Hon. Loretta A. Preska, Hon. Shira A. Scheindlin
Fordham Law Review
No abstract provided.
Ferreting Out Favoritism: Bringing Pretext Claims After Kelo, Daniel S. Hafetz
Ferreting Out Favoritism: Bringing Pretext Claims After Kelo, Daniel S. Hafetz
Fordham Law Review
In 2005, the U.S. Supreme Court ruled in Kelo v. City of New London that governments may take one’s private property and give it to another for the purpose of promoting economic development. The Court held that, in evaluating Fifth Amendment challenges to such takings, courts should defer to legislative judgments as to what constitutes a valid public purpose. Critics argue that this decision opened the floodgates to pretextual abuse. Specifically, they contend that local governments that exercise the eminent domain power are often motivated by a desire to favor another private party. After Kelo, courts have struggled to reconcile …
"The Right Of The People": The Nsa, The Fisa Amendments Act Of 2008, And Foreign Intelligence Surveillance Of Americans Overseas, Jonathan D. Forgang
"The Right Of The People": The Nsa, The Fisa Amendments Act Of 2008, And Foreign Intelligence Surveillance Of Americans Overseas, Jonathan D. Forgang
Fordham Law Review
In October 2008, two former National Security Agency communications analysts told reporters that the NSA used satellite technology to monitor the phone conversations of Americans living in the Middle East. This revelation highlighted an unresolved area of surveillance law—the privacy rights of U.S. citizens against their own government when they are outside the borders of the United States. Though the FISA Amendments Act of 2008 has created a procedure for the judicial review of this type of surveillance, this review is only a general oversight and judges on the Foreign Intelligence Surveillance Court are not required to individually review every …
Toward A Duty-Based Theory Of Executive Power, David M. Driesen
Toward A Duty-Based Theory Of Executive Power, David M. Driesen
Fordham Law Review
This article develops a duty-based theory of executive power. This theory maintains that the Constitution seeks to instill a duty in all executive branch officers to faithfully execute the law. Conversely, the Constitution’s Framers and Ratifiers did not intend to empower the President to distinctively shape the law to suit his policy preferences or those of his party. Rather, they envisioned a model of “disinterested leadership” serving rule-of-law values. Because of the Ratifiers’ and Framers’ interest in preventing abuse of executive power, the Constitution obligates executive branch officials to disobey illegal presidential directives and creates a major congressional role in …
Meet Two-Face: The Dualististic Rule 10b-5 And The Quandry Of Offsetting Losses By Gains, Samuel Francis
Meet Two-Face: The Dualististic Rule 10b-5 And The Quandry Of Offsetting Losses By Gains, Samuel Francis
Fordham Law Review
The challenge of calculating damages in securities litigation is often compounded by the phenomenon of investors that have accrued both gains and losses as a result of the defendant company’s same fraudulent misrepresentations. This Note traces the opposing damages approaches and accounting methods courts have adopted in these instances to the dual origins and objectives of the Rule 10b-5 private right of action. Underscoring the shortcomings in these damages calculations founded predominantly upon either deterrent or compensatory grounds, this Note instead strives for a measure that not only balances both imperative ends but also yields a more sensible and equitable …
Back To Basics: Determining A Child's Habitual Residence In International Child Abduction Cases Under The Hague Convention, Tai Vivatvaraphol
Back To Basics: Determining A Child's Habitual Residence In International Child Abduction Cases Under The Hague Convention, Tai Vivatvaraphol
Fordham Law Review
Since 1980, the Hague Convention on the Civil Aspects of International Child Abduction (Child Abduction Convention) has been ratified by eighty-one countries, including the United States. The Child Abduction Convention addresses the growing problem of child abductions by estranged parents across international borders and the diverse methods that different countries have developed for dealing with this problem. It provides for a simple summary-return mechanism to be administered by the courts of member states: a wrongfully removed (or retained) child is to be returned to (or permitted to stay in) his or her country of “habitual residence.” However, the Child Abduction …
The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, Rethinking The Public In Lawyers' Public Service: Pro Bono, Statgic Philanthropy, And The Bottom Line, Deborah L. Rhode
Fordham Law Review
No abstract provided.
Dean Mary Daly: A Tribute, William Michael Treanor
Dean Mary Daly: A Tribute, William Michael Treanor
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, Natural Legal Guardians Of Judicial Independence And Academic Freedom, Robin D. Barnes
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, Way To Represent: The Role Of Black Lawyers In Contemporary American Democracy, Carla D. Pratt
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Lawyer As Catalyst Of Social Change, James E. Moliterno
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Lawyer As Catalyst Of Social Change, James E. Moliterno
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890, Susan D. Carle
Fordham Law Review
No abstract provided.
Ending The Widow Penalty: Why Are Surviving Alien Spouses Of Deceased Citizens Being Deported?, Jayme A. Feldheim
Ending The Widow Penalty: Why Are Surviving Alien Spouses Of Deceased Citizens Being Deported?, Jayme A. Feldheim
Fordham Law Review
Although our nation generally permits aliens to apply to become lawful permanent residents of this country through their marriages to American citizens, U.S. Citizenship and Immigration Services (USCIS) automatically denies these applications when the citizen spouse dies within two years of the marriage. Termed the “widow penalty,” certain federal courts have rejected this policy as being both unreasonable and in opposition to the plain meaning of 8 U.S.C. § 1151, the statute which categorizes aliens as immediate relatives of U.S. citizens and thus grants them this opportunity. This conflict between the Agency and the judiciary, in turn, has caused a …
Structural Strength: Resolving A Circuit Split In Boyle V. United States With A Pragmatic Proof Requirement For Rico Associated-In-Fact Enterprises, Michael Morrissey
Structural Strength: Resolving A Circuit Split In Boyle V. United States With A Pragmatic Proof Requirement For Rico Associated-In-Fact Enterprises, Michael Morrissey
Fordham Law Review
This Note addresses the circuit split among the U.S. Courts of Appeals over whether proving an associated-in-fact RICO enterprise requires proof of some ascertainable structure distinct from the underlying pattern of racketeering. After discussing the history of RICO and RICO enterprises, this Note dissects the three-way circuit split and details the facts and positions of Boyle v. United States. Finally, this Note argues that the U.S. Supreme Court needs to resolve the split with the common-sense position that some ascertainable-structure proof requirement is needed—although the enterprise need not have a purpose distinct from the pattern of racketeering—to balance the potential …
"Free Seeds, Not Free Beer": Participatory Plant Breeding, Opensource Seeds, And Acknowledging User Innovation In Agriculture, Keith Aoki
Fordham Law Review
No abstract provided.
Transferring Innovation, Jay P. Kesan