Law Commons^™

Plain Reading, Subtle Meaning: Rethinking The Ioia And The Immunity Of International Organizations, George B. Adams Iii

Fordham Law Review

Immunity is freedom from liability, and as such, it can quite literally provide a “get out of jail free” card. In the United States, international organizations face uncertainty about the scope of their immunity, which is provided by the International Organizations Immunities Act (IOIA). The D.C. Circuit has found that international organizations enjoy absolute immunity under the IOIA. Conversely, the Third Circuit recently held that international organizations are only entitled to restrictive immunity, which limits immunity to claims involving an organization’s public acts and does not exempt them from suits based on their commercial or private conduct.

This Note contends …

A Remedy Foreclosed? Mortgage Foreclosure And The Fair Debt Collection Practices Act, Richard D. Gage

Fordham Law Review

During the Global Financial Crisis, millions of homeowners received foreclosure notices. Many of these notices were sent by attorneys, and informed consumers of an impending mortgage foreclosure. Courts are split on whether foreclosures must conform with the Fair Debt Collection Practices Act (FDCPA). In order to be subject to the FDCPA, an entity must meet the statutory definition of “debt collector.” Courts struggle with whether foreclosure attorneys fall under this definition. This Note examines this conflict, and suggests a fact-sensitive framework for evaluating whether foreclosure attorneys are debt collectors.

The “Peripheral Plaintiff”: Duty Determinations In Take-Home Asbestos Cases, Yelena Kotlarsky

Fordham Law Review

Since the 1970s, litigation concerning the dangers of asbestos in the workplace has transformed from a few workers’ compensation claims to hundreds of thousands of lawsuits against companies in nearly every industry. While the typical plaintiff in these claims is an employee injured while handling asbestos at the worksite, a new class of “peripheral plaintiffs” has recently emerged. These plaintiffs consist of family members who are exposed to asbestos after inhaling the dust that saturates an employee’s person and clothing. The family members then bring claims against the employers and the owners of the premises claiming that they were negligent …

Track Me Maybe: The Fourth Amendment And The Use Of Cell Phone Tracking To Facilitate Arrest, Jeremy H. Rothstein

Fordham Law Review

Police use of technology to locate and track criminal suspects has drawn increasing attention from courts, commentators, and the public. In United States v. Jones, the Supreme Court held that police installation of a GPS tracking device on a suspect’s vehicle constituted a search under the Fourth Amendment. Less attention has been paid to police tracking of cell phones—a far more common practice. Police can now locate a cell phone within several feet, using either GPS or information taken from cell towers.

In August 2011, the government asked a federal magistrate judge in Maryland to allow thirty days of …

The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall L. Ross Ii

Fordham Law Review

Challenges under the Equal Protection Clause require proof of intentional discrimination. Though rarely questioned by legal scholars or the courts, that conventional account cannot explain the success of equal protection challenges to electoral structures that dilute the vote of racial minorities. In the Supreme Court’s most recent decisions on vote dilution, the Court has invalidated local electoral structures under the Equal Protection Clause to the extent that they deprive African Americans of the opportunity for effective representation in the political process. The Court has reached its decisions despite the absence of any proof of intentional discrimination in the adoption of …

Crying Over The Cache: Why Technology Has Compromised The Uniform Application Of Child Pornography Laws, Katie Gant

Fordham Law Review

As thousands of individuals surf the internet daily, every image on every web page is saved automatically to their computer’s cache, absent user direction. Sections 2252(a)(2) and 2252(a)(4)(B) of Title 18 of the U.S. Code criminalize knowing possession and knowing receipt of child pornography images. For the defendant who intentionally saves illicit images to his computer, the cache simply verifies already-proven knowing possession or receipt. However, for the defendant who only views child pornography online, the presence of images in the cache may not be enough to prove knowledge beyond a reasonable doubt. How can the prosecution prove a defendant …

Seeking Liberty’S Refuge: Analyzing Legislative Purpose Under Casey’S Undue Burden Standard, Lucy E. Hill

Fordham Law Review

In the 1992 decision Planned Parenthood of Southeastern Pennsylvania v. Casey, the U.S. Supreme Court crafted the “undue burden” standard for evaluating the constitutionality of abortion laws. Under that standard, a state is free to regulate abortion, as long as the regulation does not impose an undue burden on a woman’s right to an abortion. Although the standard is disjunctive, the Casey opinion focuses on the “effect” prong of the test, with little guidance as to what a “purpose” prong inquiry would look like. Subsequent Supreme Court abortion jurisprudence has served only to obscure the issue. Circuit courts, therefore, …

Must Substantive Due Process Land Use Claims Be So “Exhaust”Ing?, Nader James Khorassani

Fordham Law Review

When is a land use dispute a federal case? Although some perceive challenges to zoning and land use laws as local issues ripe for local resolution, some fights over land use pose constitutional questions suitable for federal adjudication. Indeed, many zoning disputes implicate substantive due process, a federally protected constitutional guarantee. A circuit split has developed regarding when plaintiffs may assert substantive due process claims in federal court. While the First and Seventh Circuits only hear such cases when the plaintiff has first brought her substantive due process claim in state court, the Second, Third, Ninth, and Eleventh Circuits impose …

Stein Center News - September 2012, Stein Center For Law And Ethics

Stein Center News

No abstract provided.

2012-2013 Fordham Law School Faculty Bibliography, Fordham Law School Library

Faculty Bibliography

No abstract provided.

E Pluribus Unum? The Full Faith And Credit Clause And Meaningful Recognition Of Out-Of-State Adoptions, Pamela K. Terry

Fordham Law Review

No abstract provided.

A Textbook Dilemma: Should The First Sale Doctrine Provide A Valid Defense For Foreign-Made Goods?, Melissa Goldberg

Fordham Law Review

No abstract provided.

Getting To “Exempt!”: Putting The Rubber Stamp On Section 501(C)(3)’S Political Activity Prohibition, Michael Fresco

Fordham Law Review

No abstract provided.

Whither Fairness? In Search Of A Jurisdictional Test After J. Mcintyre Machinery V. Nicastro, Peter R. Bryce

Fordham Law Review

No abstract provided.

State Ownership And Corporate Governance, Mariana Pargendler

Fordham Law Review

No abstract provided.

Smart Growth: The Large Law Firm In The Twenty-First Century, Eli Wald

Fordham Law Review

No abstract provided.

The Learning Process Of Globalization: How Chinese Law Firms Survived The Financial Crisis, Xueyao Li, Sida Liu

Fordham Law Review

No abstract provided.

Nonlawyers Influencing Lawyers: Too Many Cooks In The Kitchen Or Stone Soup?, Michele Destefano

Fordham Law Review

No abstract provided.

Comparative Perspectives On Lawyer Regulation: An Agenda For Reform In The United States And Canada, Deborah L. Rhode, Alice Woolley

Fordham Law Review

No abstract provided.

Organizational Alliances By U.S. Law Schools, Elizabeth Chambliss

Fordham Law Review

No abstract provided.

Alliance “Capitalism” And Legal Education: An English Perspective, James Faulconbridge

Fordham Law Review

No abstract provided.

Privatizing Professionalism: Client Control Of Lawyers’ Ethics, Christopher J. Whelan, Neta Ziv

Fordham Law Review

No abstract provided.

International Law Firms In China: Market Access And Ethical Risks, Mark A. Cohen

Fordham Law Review

No abstract provided.

Regulating Conflicts Of Interest In Global Law Firms: Peace In Our Time?, Janine Griffiths-Baker, Nancy J. Moore

Fordham Law Review

No abstract provided.

Becoming A Cosmopolitan Lawyer, John Flood, Peter D. Lederer

Fordham Law Review

No abstract provided.

Minorities, Merit, And Misrecognition In The Globalized Profession, Hilary Sommerlad

Fordham Law Review

No abstract provided.

Homeward Bound: What Does A Global Legal Education Offer The Indian Returnees?, Swethaa Ballakrishnen

Fordham Law Review

No abstract provided.

Law Firms, Global Capital, And The Sociological Imagination, Christine Parker, Tanina Rostain

Fordham Law Review

No abstract provided.

States Side Story: Career Paths Of International Ll.M. Students, Or “I Like To Be In America”, Carole Silver

Fordham Law Review

No abstract provided.

Corporate Law Firms, Ngos, And Issues Of Legitimacy For A Global Legal Order, Yves Dezalay, Bryant G. Garth

Fordham Law Review

No abstract provided.