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Articles 1 - 30 of 98
Full-Text Articles in Law
Ethical Visions Of Copyright Law, James Grimmelmann
Ethical Visions Of Copyright Law, James Grimmelmann
Fordham Law Review
No abstract provided.
"Free Seeds, Not Free Beer": Participatory Plant Breeding, Opensource Seeds, And Acknowledging User Innovation In Agriculture, Keith Aoki
Fordham Law Review
No abstract provided.
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 …
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 …
The Public Value Of Settlement, Samuel Issacharoff, Robert H. Klonoff
The Public Value Of Settlement, Samuel Issacharoff, Robert H. Klonoff
Fordham Law Review
No abstract provided.
The History Of An Idea, Owen M. Fiss
Mediation Exceptionality, Jacqueline Nolan-Haley
Mediation Exceptionality, Jacqueline Nolan-Haley
Fordham Law Review
No abstract provided.
Toward Effective Implementation Of 11 U.S.C. § 522(D)(11)(E): Invigorating A Powerful Bankruptcy Exemption, Uriel Rabinovitz
Toward Effective Implementation Of 11 U.S.C. § 522(D)(11)(E): Invigorating A Powerful Bankruptcy Exemption, Uriel Rabinovitz
Fordham Law Review
This Note explores how bankruptcy courts have analyzed and applied the 11 U.S.C. § 522(d)(11)(E) bankruptcy exemption and the confusion generated by its conflicting interpretations. This Note reviews and scrutinizes the history of the Bankruptcy Law, its goals and purposes, the differences between its underlying themes, and specific mechanisms involved in the implementation of bankruptcy exemptions. With a broader understanding of the rationale behind bankruptcy laws in combination with the relevant legislative history, this Note sets the stage and advocates for an increased consistency in the analysis and application of the 11 U.S.C. § 522(d)(11)(E) exemption.
Dean Mary Daly: A Tribute, William Michael Treanor
Dean Mary Daly: A Tribute, William Michael Treanor
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, 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.
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 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 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.
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.
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.
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, 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, 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 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.
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 …
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 …
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 …