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Articles 1441 - 1470 of 5038
Full-Text Articles in Law
Of Clusters And Assumptions: Innovation As Part Of A Full Trips Implementation, Daniel Gervais
Of Clusters And Assumptions: Innovation As Part Of A Full Trips Implementation, Daniel Gervais
Fordham Law Review
No abstract provided.
Defending Demaree: The Ex Post Facto Clause's Lack Of Control Over The Federal Sentencing Guidelines After Booker, Daniel M. Levy
Defending Demaree: The Ex Post Facto Clause's Lack Of Control Over The Federal Sentencing Guidelines After Booker, Daniel M. Levy
Fordham Law Review
In 2005, the U.S. Supreme Court held that the Federal Sentencing Guidelines violated a defendant’s Sixth Amendment right to a jury trial because they allowed a judge to depart from a mandatory range based on facts not presented to a jury. As a solution, the Court modified the Guidelines to be “advisory,” yet curiously held that sentences were still subject to appellate review for reasonableness. Given this tension, U.S. courts of appeals are split on whether the Guidelines are “laws,” subject to the Ex Post Facto Clause of the U.S. Constitution. This Note argues that the Guidelines are advisory, given …
Beyond Lawrence V. Texas: Crafting A Fundamental Right To Sexual Privacy, Kristin Fasullo
Beyond Lawrence V. Texas: Crafting A Fundamental Right To Sexual Privacy, Kristin Fasullo
Fordham Law Review
After the watershed 2003 U.S. Supreme Court decision Lawrence v. Texas, courts are faced with the daunting task of navigating the bounds of sexual privacy in light of Lawrence’s sweeping language and unconventional structure. This Note focuses on the specific issue of state governments regulating sexual device distribution. Evaluating the substantive due process rights of sexual device retailers and users, this Note ultimately argues that the privacy interest identified in Lawrence is sufficiently broad to protect intimate decisions to engage in adult consensual sexual behavior, including the liberty to sell, purchase, and use a sexual device.
Regulating Immigration Legal Service Provider: In Adequate Representation And Notario Fraud, Careen Shannon
Regulating Immigration Legal Service Provider: In Adequate Representation And Notario Fraud, Careen Shannon
Fordham Law Review
Immigrants are often easy prey for bogus or incompetent attorneys, "notarios," scam artists, and other bad actors who take advantage of immigrants' limited knowledge of U.S. law, lack of English fluency, and lack of cultural knowledge to charge exorbitant fees for wild promises of green cards and citizenship that the bad actors annot-or in some cases never inteded to-deliver. Such exploitation is merely a symptom, however, of the larger prolem of inadequate access to competent legal counsel by foreign nationals seeking to navigate our labyrinthine scheme of immigration laws, regulations, and policies. ontrary to popular belief, not all of these …
What Owners Want And Government Do: Evidence From The Oregon Experiment, Bethany R. Berger
What Owners Want And Government Do: Evidence From The Oregon Experiment, Bethany R. Berger
Fordham Law Review
In 2004, Oregonians decisively approved Ballot Measure 37. The measure answered the calls of critics of contemporary takings jurisprudence by requiring either compensation for losses caused by land use restrictions imposed after acquisition of the property or waivers of the restrictions. Three years later, voters acted to repeal most of Measure 37 by an even greater margin. Together the birth, brief life, and rapid demise of Measure 37 comprise an unusual natural experiment in property law. The results of this experiment go to the heart of debates about regulatory takings in property law and policy. First, the Oregon experience resulted …
The Attorney-Client Privilege And Information Disclosed To An Attorney With The Intention That The Attorney Draft A Document To Be Released To Third Parties: Public Policy Calls For At Least The Strictest Application Of The Attorney-Client Privilege, Daniel Northrop
Fordham Law Review
The attorney-client privilege is the oldest evidentiary privilege known to the common law. It exists to encourage clients to openly communicate with their attorneys. Some commentators, however, have questioned the value of the privilege and called for its elimination. This policy debate, though unlikely to influence typical privilege disputes, is important when the application of the attorney-client privilege is unclear. One example is when a client conveys information to her attorney with the intent that the attorney draft a document to be released to a third party. This Note seeks to shed light on the arguments for and against the …
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, The Corporate Lawyer's Role In A Contemporary Democracy, Colin Marks, Nancy B. Rapoport
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, The Corporate Lawyer's Role In A Contemporary Democracy, Colin Marks, Nancy B. Rapoport
Fordham Law Review
No abstract provided.
Presidential Popular Constitutionalism, Jedidiah Purdy
Presidential Popular Constitutionalism, Jedidiah Purdy
Fordham Law Review
This Article adds a new dimension to the most important and influential strand of recent constitutional theory: popular or democratic constitutionalism, the investigation into how the U.S. Constitution is interpreted (1) as a set of defining national commitments and practices, not necessarily anchored in the text of the document, and (2) by citizens and elected politicians outside the judiciary. Wide-ranging and ground-breaking scholarship in this area has neglected the role of the President as a popular constitutional interpreter, articulating and revising normative accounts of the nation that interact dynamically with citizens’ constitutional understandings. This Article sets out a “grammar” of …
Commercial Free And Open Source Software: Knowledge Production, Hybrid Appropriability, And Patents, Greg R. Vetter
Commercial Free And Open Source Software: Knowledge Production, Hybrid Appropriability, And Patents, Greg R. Vetter
Fordham Law Review
No abstract provided.
The Pull Of Patents, Brett M. Frischmann
Reconciling Classified Evidence And A Petitioner's Right To A "Meaningful Review" At Guantanamo Bay: A Legislative Solution, Sarah Lorr
Fordham Law Review
In Boumediene v. Bush, the U.S. Supreme Court determined that the detainees held at Guantánamo Bay have a constitutional right to a writ of habeas corpus and are entitled to a “meaningful review” of their habeas petitions. This Note attempts to reconcile the need for a “meaningful review” with the government’s reliance on classified evidence that is completely inaccessible to the detainee-petitioners. After examining three other contexts in which the reliance on classified evidence has been sanctioned—federal criminal courts, immigration cases, and the ongoing military commissions at Guantánamo—this Note concludes that a “meaningful review” of the Guantánamo habeas petitions requires …
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Juridification Of Social Demands And The Application Of Statutes: An Analysis Of The Legal Treatment Of Antiracism Social Demands In Brazil, Marta Rodriguez De Assis Machado, Flavia Portella Puschel, Jose Rodrigo Rodriguez
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Juridification Of Social Demands And The Application Of Statutes: An Analysis Of The Legal Treatment Of Antiracism Social Demands In Brazil, Marta Rodriguez De Assis Machado, Flavia Portella Puschel, Jose Rodrigo Rodriguez
Fordham Law Review
No abstract provided.
User Innovator Community Norms: At The Bounds Between Academic And Industry Research, Katherine J. Strandburg
User Innovator Community Norms: At The Bounds Between Academic And Industry Research, Katherine J. Strandburg
Fordham Law Review
No abstract provided.
Outsourcing Immigration Compliance, Eleanor Marie Lawrence Brown
Outsourcing Immigration Compliance, Eleanor Marie Lawrence Brown
Fordham Law Review
Immigration is a hot-button issue about which Americans have sent a clear message. They prefer not to admit more aliens until the government is able to screen credibly for entrants who will abide by the terms of admission and sanction those who do not. While immigration debates now focus almost entirely on undocumented workers, they have overshadowed another critical, yet poorly understood, challenge: designing institutions to screen properly for aliens who are visa-compliant and sanction noncompliant aliens. Because failed guest worker programs unquestionably increase the size of the undocumented population, this Article addresses the difficulty of institutional design by analyzing …
A Matter Of Context: Social Framework Evidence In Employment Discrimination Class Actions, Melissa Hart, Paul M. Secunda
A Matter Of Context: Social Framework Evidence In Employment Discrimination Class Actions, Melissa Hart, Paul M. Secunda
Fordham Law Review
In litigation disputes over the certification of employment discrimination class actions, social scientists have come to play a central, yet controversial, role. Organizational behavioralists and social psychologists regularly testify for the plaintiffs, offering what is commonly referred to as social framework testimony. These experts explain the general social science research on the operation of stereotyping and bias in decision making and examine the challenged workplace to identify those policies and practices that research has shown will tend to increase and those that will tend to limit the likely impact of these factors. Defendants fight hard against the admission of social …
Representation For Immigrants: A Judge's Personal Perspective, Denny Chin
Representation For Immigrants: A Judge's Personal Perspective, Denny Chin
Fordham Law Review
No abstract provided.
Dean Mary Daly: A Eulogy, John D. Feerick
The Lawyer's Role In A Contemporary Democracy, Foreword, Bruce A. Green
The Lawyer's Role In A Contemporary Democracy, Foreword, Bruce A. Green
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Lawyering Loyalties: Speech Rights And Duties Within Twenty-First-Century New Governance, Orly Lobel
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Lawyers In Fragile Democracies And The Challenges Of Democratic Consolidation: The Nigerian Experience, Okechukwu Oko
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Government Lawyers, Democracy, And The Rule Of Law, W. Bradley Wendel
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Government Lawyers, Democracy, And The Rule Of Law, W. Bradley Wendel
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, Equalizers And Translators: Lawyers' Ethics In A Constitutional Democracy, Martin Bohmer
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, The Challenge Of Democratic Lawyering, Ascanio Piomelli
The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, The Challenge Of Democratic Lawyering, Ascanio Piomelli
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, True Confessions About The Role Of Lawyers In A Democracy, Fred C. Zacharias
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, True Confessions About The Role Of Lawyers In A Democracy, Fred C. Zacharias
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, The Role Of The Lawyer In The American Democracy, Rakesh K. Anand
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana
Fordham Law Review
No abstract provided.
The Coming Showdown Over University Endowments: Enlisting The Donors, Sarah E. Waldeck
The Coming Showdown Over University Endowments: Enlisting The Donors, Sarah E. Waldeck
Fordham Law Review
This Essay focuses on the discordance between universities with particularly large endowments and what is occurring in the rest of higher education, particularly with respect to skyrocketing tuition and a growing institutional wealth gap. The Essay considers absolute endowment values, the amount of endowment per student, and expense-endowment ratios at sixty private universities. It concludes that a small number of schools have an excess endowment, and then provides a convenient proxy for determining when an endowment is so large that it should receive less preferential tax treatment. The Essay then considers the effects that large endowments have at their home …
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Regulation Of Israeli Lawyers: From Professional Autonomy To Multi-Institutional Regulation, Neta Ziv
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Lawyering At The Extremes: The Representation Of Tom Mooney, 1916-1939, Rebecca Roiphe
Fordham Law Review
No abstract provided.