Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (147)
- Criminal Law (134)
- Law and Society (122)
- Civil Rights and Discrimination (113)
- Legal Ethics and Professional Responsibility (91)
-
- Administrative Law (85)
- Civil Procedure (72)
- First Amendment (67)
- Litigation (65)
- Legal Profession (63)
- Courts (57)
- Law and Race (57)
- Criminal Procedure (52)
- Civil Law (50)
- Family Law (47)
- International Law (45)
- Legislation (45)
- Law and Gender (44)
- Evidence (43)
- Law and Politics (43)
- Science and Technology Law (43)
- Judges (42)
- Internet Law (40)
- Supreme Court of the United States (40)
- Antitrust and Trade Regulation (37)
- Intellectual Property Law (37)
- Jurisprudence (37)
- Public Law and Legal Theory (37)
- Business Organizations Law (34)
- Keyword
-
- Ethics (251)
- Constitution (106)
- Evidence (88)
- Constitutional law (87)
- Religion (86)
-
- Law (82)
- Professional responsibility (82)
- Antitrust (78)
- Legal ethics (73)
- Tax (72)
- Bankruptcy (70)
- Constitutional Law (69)
- Regulation (69)
- Criminal law (65)
- Justice (65)
- Jurisdiction (60)
- Originalism (60)
- Securities (60)
- Liability (59)
- Children (56)
- Race (55)
- Citizenship (53)
- Religious influence (52)
- Contracts (50)
- New York (49)
- First amendment (48)
- Education (47)
- First Amendment (47)
- International law (46)
- Jurisprudence (46)
- File Type
Articles 301 - 330 of 5038
Full-Text Articles in Law
Racial Allies, Atinuke O. Adediran
Racial Allies, Atinuke O. Adediran
Fordham Law Review
Racial allies are white individuals and institutions that actively work to dismantle systems of racial inequality and the consequences of poverty that disproportionately impact communities of color and that are willing to both confer and share power with members of subjugated groups. There is no other sector of the legal profession that professes to be racial allies more than individuals and institutions within the public interest law sector. Yet, these institutions that address structural racism and disproportionately serve communities of color appear not to share power with racial and ethnic minorities. The public interest law sector has been at the …
Disaggregating Legislative Intent, Jesse M. Cross
Disaggregating Legislative Intent, Jesse M. Cross
Fordham Law Review
In statutory interpretation, theorists have long argued that the U.S. Congress is a “they,” not an “it.” Under this view, Congress is plural and nonhierarchical, and so it is incapable of forming a single, institutional intent. Textualists contend that this vision of Congress means interpreters must move away from concerns about intent altogether, and that they instead should speak in the register of textualism and its associated constitutional values, such as notice and congressional incentivization. However, even if legislators’ intentions never coalesce into an institutional intent, a disaggregated-intent theory of legislation remains possible. Under this theory, statutes are understood as …
The Political And Social Change Driven By Protest: The Need To Reform The Anti-Riot Act And Examine Anti-Riot Provisions, Ronald E. Britt Ii
The Political And Social Change Driven By Protest: The Need To Reform The Anti-Riot Act And Examine Anti-Riot Provisions, Ronald E. Britt Ii
Fordham Law Review
The right to join in peaceful assembly and petition is critical to an effective democracy and is at the core of the First Amendment. The assault of peaceful protestors in the pursuit of racial justice is not a new phenomenon, and legislators at the federal and state levels have drafted anti-riot provisions as a measure to target protestors they deem an existential threat to American society. As these provisions have become increasingly prevalent in light of the protests following the murders of Breonna Taylor and George Floyd, they have the likelihood of severely chilling the effect on protestors’ right to …
No Justice, No Pleas: Subverting Mass Incarceration Through Defendant Collective Action, Andrew Manuel Crespo
No Justice, No Pleas: Subverting Mass Incarceration Through Defendant Collective Action, Andrew Manuel Crespo
Fordham Law Review
The American penal system is a system of massive, racially unjust incarceration. It is also, to quote the U.S. Supreme Court, a “system of pleas.” The latter drives the former, as coercive plea bargaining makes it possible for the state to do two things that are otherwise hard to pull off at once: increase convictions and sentence lengths. Mass incarceration is a predictable result. But while plea bargaining is intensely coercive when leveraged against individuals, the system of pleas has a structural weak point. That Achilles’ heel is exposed once we see people facing prosecution not as isolated individuals but …
A Commons In The Master’S House, Daniel Farbman
A Commons In The Master’S House, Daniel Farbman
Fordham Law Review
Almost everyone who reads these words is an institutional insider in some form. Those of us who aspire toward transformation, liberation, and resistance from our institutional settings are forced to confront Audre Lorde’s striking admonition that “the master’s tools will never dismantle the master’s house.” For some, finding themselves in the master’s house is a spur towards purism—a rejection of institutional power in search of a “pure” remove from which to critique it. For others, it is a dispiriting check on their aspirations and an invitation to sullen fatalism. This Essay questions whether we are bound to the hard consequences …
Progressive Prosecutors Are Not Trying To Dismantle The Master’S House, And The Master Wouldn’T Let Them Anyway, Paul Butler
Progressive Prosecutors Are Not Trying To Dismantle The Master’S House, And The Master Wouldn’T Let Them Anyway, Paul Butler
Fordham Law Review
The first thing to note about Audre Lorde’s famous phrase “the master’s tools will never dismantle the master’s house” is that it cannot literally be true. If tools can dismantle the master’s house, the master’s own tools would be good as anyone’s. The main problem would not be that the tools don’t work, but rather how to get them to the people who most need the master’s house dismantled—the enslaved ones. But the considerable work that the phrase does in social justice movements and critical theory is figurative rather than literal. It is usually intended as a rebuke of liberal …
Dedication: Center On Asian Americans And The Law, Kamala Harris
Dedication: Center On Asian Americans And The Law, Kamala Harris
Fordham Law Review
Asian American history has been defined by attorneys and activists who have fought to ensure that Asian Americans are recognized as Americans— not as the “other,” not as “them,” but as “us.” From their efforts to fight against the Chinese Exclusion Act, to correcting the wrongs of the Japanese-American incarceration, it is essential that we learn about the role of Asian Americans and the law. Accordingly, I write to recognize the historic launch of the Center on Asian Americans and the Law at Fordham University School of Law—the first of its kind in the country. Its founding is both timely …
“Kung Flu”: A History Of Hostility And Violence Against Asian Americans, Denny Chin, Kathy Hirata Chin
“Kung Flu”: A History Of Hostility And Violence Against Asian Americans, Denny Chin, Kathy Hirata Chin
Fordham Law Review
The COVID-19 pandemic “first became real” for most Americans in March 2020. Since then,a wave of anti-Asian hatred and violence has swept the country, as more than 10,000 “hate incidents” have been reported against Asian Americans and Pacific Islanders (AAPIs), including the 2021 killing of six Asian American women in the Atlanta area. The videos of senseless attacks against AAPIs, many of whom were older and vulnerable, were horrific and disturbing. But what is perhaps more disturbing is that this is nothing new, for there is a long history of hostility and violence against Asian Americans in this country, a …
When We Fight, We Win: Eviction Defense As Subversive Lawyering, Eloise Lawrence
When We Fight, We Win: Eviction Defense As Subversive Lawyering, Eloise Lawrence
Fordham Law Review
This Essay will examine the “sword and shield” model in action to explore the meaning of “subversive lawyering” in the housing context, particularly in eviction defense. In this model, we—the lawyers and law students— provide the “shield” (i.e., legal defense), while the organizers and members of grassroots housing justice organizations provide the “sword” (i.e., public pressure and protest). The lawyers are shielding tenants and foreclosed homeowners in the courts, which allows these “defendants” to simultaneously work with organizers to take necessary extralegal actions to ensure they are protected from displacement.
Slowing Down Accelerated Approval: Examining The Role Of Industry Influence, Patient Advocacy Organizations, And Political Pressure On Fda Drug Approval, Stephanie Diu
Fordham Law Review
The U.S. Food and Drug Administration (FDA) has been revered as the gold standard in pharmaceutical safety and efficacy review since the 1960s. More recently, partly in response to the HIV/AIDS epidemic and the pressing need for new treatments, the FDA established an accelerated approval process to hasten the review of new drug applications so that drugs could be approved and brought to market as soon as possible. Although accelerated approval has led to the availability of new treatments for patients with few other options, this Note argues that, today, the FDA grants accelerated approval too hastily and may be …
The Tin Man Needs A Heart: A Proposed Framework For The Regulation Of Bioprinted Organs, Linda Foit
The Tin Man Needs A Heart: A Proposed Framework For The Regulation Of Bioprinted Organs, Linda Foit
Fordham Law Review
Each day, seventeen people die in the United States while waiting for an organ transplant. At least part of this need could be met by bioprinting, a technology that allows the on-demand production of custom-sized organs from a patient’s own cells. The field of bioprinting is progressing rapidly: the first bioprinted organs have already entered the clinic. Yet, developers of bioprinted organs face significant uncertainty as to how their potentially lifesaving products will be regulated—and by which government agency. Such regulatory uncertainty has the potential to decrease investment and stifle innovation in this promising technological field. This Note examines how …
Teacher Prayer In Public Schools, Maya Syngal Mcgrath
Teacher Prayer In Public Schools, Maya Syngal Mcgrath
Fordham Law Review
When American citizens elect to work in government positions, they relinquish certain free speech rights granted by the First Amendment. In Garcetti v. Ceballos, the U.S. Supreme Court ruled that when public employees make statements pursuant to their government job duties, they do not speak as citizens for First Amendment purposes. As such, they are not constitutionally insulated from employer discipline. Determining whether public employees speak as a result of, or in accordance with, their official responsibilities can be difficult, and one government job has proven more challenging than most: the public school teacher. In 2021, the Ninth Circuit …
District Court En Bancs, Maggie Gardner
District Court En Bancs, Maggie Gardner
Fordham Law Review
Despite the image of the solitary federal district judge, there is a long but quiet history of federal district courts deciding cases en banc. District court en bancs predate the development of en banc rehearings by the federal courts of appeals and have been used to address some of the most pressing issues before federal courts over the last one hundred years: Prohibition prosecutions, bankruptcies during the Great Depression, labor unrest in the 1940s, protracted desegregation cases, asbestos litigation, and the constitutionality of the U.S. Sentencing Guidelines, to name a few. This Article gathers more than 140 examples of voluntary …
Class Action Boundaries, Daniel Wilf-Townsend
Class Action Boundaries, Daniel Wilf-Townsend
Fordham Law Review
In recent years, some judges have begun doubting—and at times denying— their jurisdiction in class actions whose membership crosses state lines. This doubt has followed from the U.S. Supreme Court’s significant tightening of personal jurisdiction doctrine, which has led many to argue that courts no longer have jurisdiction over the claims of unnamed class members unless those claims have some independent relationship with the forum state. Such an argument raises foundational questions about due process and federalism, and has significant implications for the size, location, and feasibility of many class actions. This Article argues that what it terms the “state-border …
The First Step Act And Individualized Review: Must Judges Apply The 18 U.S.C. 3553(A) Factors To Section 404 Petitioners?, Kielan Barua
The First Step Act And Individualized Review: Must Judges Apply The 18 U.S.C. 3553(A) Factors To Section 404 Petitioners?, Kielan Barua
Fordham Law Review
In 2010, the U.S. Congress amended the notorious mandatory minimum sentencing structure for crack cocaine offenses in response to the decades of harm it had caused. As the amendment was not retroactive, Congress passed the First Step Act of 2018 to allow prisoners incarcerated before 2010 to petition their original sentencing court for discretionary relief based on the new penalties. However, what exactly these courts must do when deciding whether to grant relief has divided the circuits. Some circuits require an up-to-date consideration of defendants’ individual mitigating circumstances and whether their sentences are the minimum necessary to satisfy the purposes …
Mandatory Narrated Ultrasounds: A First Amendment Perspective On Abortion Regulations, Abigail Tubin
Mandatory Narrated Ultrasounds: A First Amendment Perspective On Abortion Regulations, Abigail Tubin
Fordham Law Review
Ever since the U.S. Supreme Court recognized the right to terminate a pregnancy in Roe v. Wade, many state legislatures have passed myriad regulations intended to complicate the process of obtaining an abortion. These regulations include “informed consent” provisions, such as the mandatory narrated ultrasound, which impose strict disclosure requirements on physicians who seek to perform abortions. Since these regulations compel physicians to speak when they otherwise might not, these laws implicate the First Amendment’s Free Speech Clause. As a result, physicians looking to perform abortions have an alternative avenue, apart from the Fourteenth Amendment’s Due Process Clause, for challenging …
The Glocal Net: Standing On Joel Reidenberg’S Shoulders, Michael Birnhack
The Glocal Net: Standing On Joel Reidenberg’S Shoulders, Michael Birnhack
Fordham Law Review
Information technology and digital networks are global, and information can easily cross borders. Laws, however, are territorial, local, and specific. This is the meeting of the global and the local. Imposing local laws on global technology can result in a conflict, but it may give birth to a new condition, the “glocal net”: the fusion of the global and the local. Under the condition of the glocal net, as a matter of practice, people experience the internet differently in different places around the globe. As an ideal, the glocal net would strive to enable both the global and the local …
Serious Notice: A Celebration, Discussion, And Recognition Of Joel Reidenberg’S Work On Privacy Notices And Disclosures, Tal Z. Zarsky
Serious Notice: A Celebration, Discussion, And Recognition Of Joel Reidenberg’S Work On Privacy Notices And Disclosures, Tal Z. Zarsky
Fordham Law Review
This Essay pays tribute to Professor Joel Reidenberg’s rich academic career and, specifically, to his contributions to the study of privacy policies. In doing so, this Essay takes a close look at privacy policies and possible ways to effectively intermediate their content through various labeling schemes. While severely flawed, privacy policies are here to stay. Therefore, an in-depth analysis of ways to enhance their efficiency is merited. This Essay thus examines key strategies for privacy-related intermediation, obstacles, and problems arising in the process, as well as possible solutions. The analysis weaves together theoretical and empirical privacy law scholarship (much of …
Fee Retrenchment In Immigration Habeas, Seth Katsuya Endo
Fee Retrenchment In Immigration Habeas, Seth Katsuya Endo
Fordham Law Review
For noncitizens facing removal, habeas corpus provides one of very few avenues for Article III review. For decades, habeas proceedings have been interpreted as falling under the ambit of the Equal Access to Justice Act (EAJA), which provides for the award of attorneys’ fees to prevailing parties in suits against the federal government. But this understanding is being challenged, threatening the judicial backstop to executive and legislative overreach in immigration. Reducing the ability of lawyers to recover their fees in these circumstances will reduce the number and quality of habeas challenges by individuals being detained while they await removal—a particularly …
Opening The Safety Valve: A Second Look At Compassionate Release Under The First Step Act, Michael T. Hamilton
Opening The Safety Valve: A Second Look At Compassionate Release Under The First Step Act, Michael T. Hamilton
Fordham Law Review
Under federal law, judges are generally prohibited from changing a sentence once it has been imposed. Compassionate release, to put it simply, provides a “safety valve” against this general principle, allowing federal judges to reduce a prisoner’s sentence when it is warranted by “extraordinary and compelling reasons.” For the past thirty years, statutory and bureaucratic roadblocks made compassionate release an unlikely avenue for prisoners to receive sentence reductions. With the passage of the First Step Act of 2018, the U.S. Congress made the first significant changes to the compassionate release statute in decades, permitting defendants for the first time to …
Reply Or Perish: The Federal Rule 83(A)(1) Problem With Local Rules Requiring Responses To 12(B)(6) Motions, Alexis Pawlowski
Reply Or Perish: The Federal Rule 83(A)(1) Problem With Local Rules Requiring Responses To 12(B)(6) Motions, Alexis Pawlowski
Fordham Law Review
The federal courts of appeals are divided over whether district courts have the legal authority to grant Federal Rule of Civil Procedure 12(b)(6) motions to dismiss solely for lack of reply pursuant to local rules requiring responses to motions. Seven circuits hold that district courts must always consider the merits of an unopposed Rule 12(b)(6) motion to dismiss. However, the First and D.C. Circuits allow district courts to dismiss Rule 12(b)(6) motions for lack of response pursuant to local rules in certain circumstances. The majority view is that the use of these local rules in the First and D.C. Circuits …
School Closures And Parental Control: Reinterpreting The Scope And Protection Of Parents’ Due Process Right To Direct Their Children’S Education, Timothy W. Schubert
School Closures And Parental Control: Reinterpreting The Scope And Protection Of Parents’ Due Process Right To Direct Their Children’S Education, Timothy W. Schubert
Fordham Law Review
When COVID-19 hit U.S. shores, it was not long until state governments shuttered both public and private schools. As the closures continued, some parents, hoping to get their children back into the classroom, challenged the constitutionality of school closures, alleging that the closures abridged their due process right to direct the upbringing of their children—commonly referred to as the Meyer-Pierce right. However, the U.S. Supreme Court has yet to articulate the contours of this right or the level of constitutional protection it commands. With little guidance from the Court, lower courts have come to differing conclusions about how to interpret …
Subversive Legal Education:Reformist Steps Towardabolitionist Visions, Christina John, Russell G. Pearce, Aundray Jermaine Archer, Sarah Medina Camiscoli, Aron Pines, Maryam Salmanova, Vira Tarnavska
Subversive Legal Education:Reformist Steps Towardabolitionist Visions, Christina John, Russell G. Pearce, Aundray Jermaine Archer, Sarah Medina Camiscoli, Aron Pines, Maryam Salmanova, Vira Tarnavska
Fordham Law Review
Exclusivity in legal education divides traditional scholars, students, and impacted communities most disproportionately harmed by the legal education system. While traditional legal scholars tend to embrace traditional legal education, organic jurists—those who are historically excluded from legal education and those who educate themselves and their communities about their legal rights and realities—often reject the inaccessibility of legal education and its power. This Essay joins a team of community legal writers to imagine a set of principles for subversive legal education. Together, we—formerly incarcerated pro se litigants, paralegals for intergenerational movement lawyering initiatives, first-generation law students and lawyers, persons with years …
Small Gestures And Unexpectedconsequences: Textualist Interpretationsof State Antidiscrimination Lawafter Bostock V. Clayton County, Anastasia E. Lacina
Small Gestures And Unexpectedconsequences: Textualist Interpretationsof State Antidiscrimination Lawafter Bostock V. Clayton County, Anastasia E. Lacina
Fordham Law Review
The U.S. Supreme Court’s landmark decision in Bostock v. Clayton County expanded Title VII’s coverage of victims of sex discrimination in employment by interpreting the statute to also protect LGBTQ+ employees who were discriminated against because of their sexual orientation and/or gender identity. Although Bostock only applies precedentially to Title VII, the long and interwoven history of state antidiscrimination statutes shows that the ruling may reach beyond federal law. This Note examines state court cases that have considered whether to apply Bostock’s reasoning to the interpretation of state antidiscrimination statutes. Furthermore, this Note argues in favor of a path …
Bargaining For Abolition, Zohra Ahmed
Bargaining For Abolition, Zohra Ahmed
Fordham Law Review
What if instead of seeing criminal court as an institution driven by the operation of rules, we saw it as a workplace where people labor to criminalize those with the misfortune to be prosecuted? Early observers of twentieth century urban criminal courts likened them to factories. Since then, commentators often deploy the pejorative epithet “assembly line justice” to describe criminal court’s processes. The term conveys the criticism of a mechanical system delivering a form of justice that is impersonal and fallible. Perhaps unintentionally, the epithet reveals another truth: criminal court is also a workplace, and it takes labor to keep …
Policy By The People, For The People:Designing Responsiveregulation And Buildingdemocratic Power, Scott L. Cummings, Doug Smith
Policy By The People, For The People:Designing Responsiveregulation And Buildingdemocratic Power, Scott L. Cummings, Doug Smith
Fordham Law Review
Policymaking in American democracy is often a process that happens to people rather than by them. This is especially the case with respect to policy that affects people with less power in low-income communities and communities of color. Urban policy, in particular, has historically been driven by business elites and white homeowners’ interests, which have shaped exclusionary policies, such as redlining and single-family zoning— etching racial and economic segregation into the fabric of city space. Even when outsider interest groups and social movement organizations gain enough power to shape the policy agenda, give input into the content of policy, and …
On The Propertization Of Data And The Harmonization Imperative, Luis Miguel M. Del Rosario
On The Propertization Of Data And The Harmonization Imperative, Luis Miguel M. Del Rosario
Fordham Law Review
The digital age has paved the way for unforeseen and unconscionable harms. Recent experiences with security breaches, surveillance programs, and mass disinformation campaigns have taught us that unchecked data collection, use, retention, and transfer have the potential to affect everything from health-care access to national security. And they have shown the growing need for a solution that addresses this proliferation of intangible collective harms. This Note champions data propertization—the process of establishing a bundle of rights in data comparable to those that comprise property interests—as the proper method for preventing and redressing data harms. More specifically, this Note analyzes Illinois’s …
Colloquium: Subversive Lawyering: Foreword, Bennett Capers, Bruce A. Green
Colloquium: Subversive Lawyering: Foreword, Bennett Capers, Bruce A. Green
Fordham Law Review
Is there such a thing as subversive lawyering? And if so, what is it? These are the questions that motivate this colloquium issue. To be sure, other, similar terms exist and have been explicated. Movement lawyering. Rebellious lawyering. Resistance lawyering. Indeed,we were particularly inspired by Daniel Farbman’s article Resistance Lawyering, in which he uncovers the stories of abolitionist lawyers who, confronting the Fugitive Slave Act of 1850, “employed every means at their disposal to frustrate, delay, and dismantle the system within which they were practicing.” But still, we wondered if subversive lawyering might be something different. Something akin to resistance …
Cracking The Code: How To Prevent Copyright Termination From Upending The Proprietary And Open Source Software Markets, Grant Emrich
Cracking The Code: How To Prevent Copyright Termination From Upending The Proprietary And Open Source Software Markets, Grant Emrich
Fordham Law Review
Computer software is protected by copyright law through its underlying code, which courts have interpreted as constituting a “literary work” pursuant to the Copyright Act. Prior to including software as copyrightable subject matter, Congress established a termination right which grants original authors the ability to reclaim their copyright thirty-five years after they have transferred it. Termination was intended to benefit up-and-coming authors who faced an inherent disadvantage in the market when selling the rights to their works. In the near future, many software works will reach the thirty-five-year threshold, thus presenting courts with a novel application of termination to computer …