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Articles 31 - 60 of 244
Full-Text Articles in Law
Prosecuting Dark Net Drug Marketplace Operators Under The Federal Crack House Statute, Thomas J. Nugent
Prosecuting Dark Net Drug Marketplace Operators Under The Federal Crack House Statute, Thomas J. Nugent
Fordham Law Review
Over 70,000 Americans died as the result of a drug overdose in 2017, a record year following a record year. Amidst this crisis, the popularity of drug marketplaces on what has been called the “dark net” has exploded. Illicit substances are sold freely on such marketplaces, and the anonymity these marketplaces provide has proved troublesome for law enforcement. Law enforcement has responded by taking down several of these marketplaces and prosecuting their creators, such as Ross Ulbricht of the former Silk Road. Prosecutors have typically leveled conspiracy charges against the operators of these marketplaces—in Ulbricht’s case, alleging a single drug …
The Twenty-Fifth Amendment: Law, History, And Recommendations For Reform, John D. Feerick, John Rogan
The Twenty-Fifth Amendment: Law, History, And Recommendations For Reform, John D. Feerick, John Rogan
Miscellaneous
Handout for The Twenty-Fifth Amendment: Law, History, and Recommendations for Reform.
The Campaign To Make Ecocide An International Crime: Quixotic Quest Or Moral Imperative?, Anastacia Greene
The Campaign To Make Ecocide An International Crime: Quixotic Quest Or Moral Imperative?, Anastacia Greene
Fordham Environmental Law Review
No abstract provided.
The 2018 Farm Bill: Legislative Compromise In The Trump Era, Chad G. Marzen
The 2018 Farm Bill: Legislative Compromise In The Trump Era, Chad G. Marzen
Fordham Environmental Law Review
No abstract provided.
"'Male Chauvinism' Is Under Attack From All Sides At Present": Roberts V. United States Jaycees, Sex Discrimination, And The First Amendment, Linda C. Mcclain
"'Male Chauvinism' Is Under Attack From All Sides At Present": Roberts V. United States Jaycees, Sex Discrimination, And The First Amendment, Linda C. Mcclain
Fordham Law Review
This Article considers the relationship between gender equality and freedom of association. Part I begins with the Supreme Court’s recognition of the freedom of association as first articulated in NAACP v. Alabama. It shows how, in the context of race discrimination, some key civil rights victories have enlisted claims of the freedom of association, while some other victories have prevailed against such claims. Those precedents set the foundation for the Court’s decision in Jaycees, which concerned gender discrimination. Part II focuses on the role of Jaycees in drawing an analogy between the harms of gender discrimination and sexual-orientation …
Gender Equality And The First Amendment: Foreword, Jeanmarie Fenrich, Benjamin C. Zipursky, Danielle Keats Citron
Gender Equality And The First Amendment: Foreword, Jeanmarie Fenrich, Benjamin C. Zipursky, Danielle Keats Citron
Fordham Law Review
Gender equality demands equal opportunity to speak and be heard. Yet, in recent years, the clash between equality and free speech in the context of gender has intensified—in the media, the workplace, college campuses, and the political arena, both online and offline. The internet has given rise to novel First Amendment issues that particularly affect women, such as nonconsensual pornography, online harassment, and online privacy. On November 1–2, 2018, the Fordham Law Review brought together scholars and practicing lawyers from around the nation to address many of the pressing challenges facing feminists and free speech advocates today. The Symposium was …
When Law Frees Us To Speak, Danielle Keats Citron, Jonathon W. Penney
When Law Frees Us To Speak, Danielle Keats Citron, Jonathon W. Penney
Fordham Law Review
A central aim of online abuse is to silence victims. That effort is as regrettable as it is successful. In the face of cyberharassment and sexualprivacy invasions, women and marginalized groups retreat from online engagement. These documented chilling effects, however, are not inevitable. Beyond its deterrent function, the law has an equally important expressive role. In this Article, we highlight law’s capacity to shape social norms and behavior through education. We focus on a neglected dimension of law’s expressive role: its capacity to empower victims to express their truths and engage with others. Our argument is theoretical and empirical. We …
American Courts And The Sex Blind Spot: Legitimacy And Representation, Michele Goodwin, Mariah Lindsay
American Courts And The Sex Blind Spot: Legitimacy And Representation, Michele Goodwin, Mariah Lindsay
Fordham Law Review
We argue the legacy of explicit sex bias and discrimination with relation to political rights and social status begins within government, hewn from state and federal lawmaking. As such, male lawmakers and judges conscribed a woman’s role to her home and defined the scope of her independence in the local community and broader society. Politically and legally, women were legal appendages to men—objects of male power (visà-vis their husbands and fathers). In law, women’s roles included sexual chattel to their spouses, care of the home, and producing offspring. Accordingly, women were essential in the home, as law would have it, …
Pregnancy And The First Amendment, Helen Norton
Pregnancy And The First Amendment, Helen Norton
Fordham Law Review
Suppose that you are pregnant and seated in the waiting room of a Planned Parenthood clinic, or maybe in a facility that advertises “Pregnant? We Can Help You.” This Essay discusses the First Amendment rules that apply to the government’s control of what you are about to hear. This Essay considers what First Amendment law, as applied to speech to pregnant women, would look like if the Court attended to the First Amendment interests of pregnant women themselves.
Toxic Misogyny And The Limits Of Counterspeech, Lynne Tirrell
Toxic Misogyny And The Limits Of Counterspeech, Lynne Tirrell
Fordham Law Review
Gender equality, across all the ways that we humans are engendered, is an unrealized ideal of many contemporary Americans. It is not enshrined in the U.S. Constitution, unless one interprets “men” to include women, which the Framers did not. Although passed by Congress in 1972, the Equal Rights Amendment (ERA) failed to gain the necessary thirty-eight state ratifications, and it has never become law. Thirty-five states initially ratified it between 1972 and 1977, then two more in 2017 and 2018. It remains one state short. These ratifications indicate significant social progress for women, but the progress is uneven, even within …
Free Speech And The Diverse University, Keith E. Whittington
Free Speech And The Diverse University, Keith E. Whittington
Fordham Law Review
There are those who think that free speech and inclusivity on college campuses are inconsistent. The notion that the two values are in tension with one another has become a common framing for thinking about the modern campus. A Gallup-Knight Foundation poll of college students asked respondents not only whether they valued free speech or diversity but also to choose between them and indicate which was “more important for colleges.” When forced to choose, a substantial minority of students said they would prioritize inclusivity over the freedom to express “viewpoints that are offensive” on campus. Following the Gallup-Knight poll the …
Income Disparity, Gender Equality, And Free Expression, Sylvia A. Law
Income Disparity, Gender Equality, And Free Expression, Sylvia A. Law
Fordham Law Review
In the past half century, our world has experienced a radical change comparable to the Industrial Revolution of the nineteenth century. At least five elements are key: growing disparity of human opportunity, advance of formal human rights and equality, information transformation, economic globalization, and climate change. My focus is on economic disparity and gender equality in the United States. These two issues, huge in and of themselves, interact with the other cataclysmic changes of our time.
Airbnb In New York City: Whose Privacy Rights Are Threatened By A Government Data Grab?, Tess Hofmann
Airbnb In New York City: Whose Privacy Rights Are Threatened By A Government Data Grab?, Tess Hofmann
Fordham Law Review
New York City regulators have vigorously resisted the rise of Airbnb as an alternative to traditional hotels, characterizing “home sharing” as a trend that is sucking up permanent housing in a city already facing an affordability crisis. However, laws banning short-term rentals have done little to discourage this practice, as Airbnb’s policy of keeping user information private makes it possible for illegal operators to evade law enforcement. Frustrated by this power imbalance, the New York City Council passed Local Law 146, which requires Airbnb to provide city officials with access to the names and information of its home sharing hosts …
Managing The Misinformation Marketplace: The First Amendment And The Fight Against Fake News, Daniela C. Manzi
Managing The Misinformation Marketplace: The First Amendment And The Fight Against Fake News, Daniela C. Manzi
Fordham Law Review
In recent years, fake news has overtaken the internet. Fake news publishers are able to disseminate false stories widely and cheaply on social media websites, amassing millions of likes, comments, and shares, with some fake news even “trending” on certain platforms. The ease with which a publisher can create and spread falsehoods has led to a marketplace of misinformation unprecedented in size and power. People’s vulnerability to fake news means that they are far less likely to receive accurate political information and are therefore unable to make informed decisions when voting. Because a democratic system relies on an informed populace …
Mandatory Arbitration And Sexual Harassment Claims: #Metoo- And Time's Up-Inspired Action Against The Federal Arbitration Act, Kathleen Mccullough
Mandatory Arbitration And Sexual Harassment Claims: #Metoo- And Time's Up-Inspired Action Against The Federal Arbitration Act, Kathleen Mccullough
Fordham Law Review
The rise of the #MeToo movement and Time’s Up campaign has brought the issue of sexual harassment into the national spotlight. Equal Employment Opportunity Commission filings for sexual harassment claims have increased 13 percent since the start of the #MeToo movement, and a little over a year since its creation on January 1, 2018, the Time’s Up Legal Defense Fund has received 4139 requests for representation in sexual harassment claims. However, the U.S. Supreme Court has interpreted the Federal Arbitration Act to enforce mandatory arbitration clauses for employment claims, including sexual harassment claims—an interpretation that prohibits employees from pursuing litigation …
Production Liability, Aditi Bagchi
Production Liability, Aditi Bagchi
Fordham Law Review
It is well known that many consumer goods are produced under dangerous working conditions. Employers that directly supervise the production of these goods evade enforcement. Activists and scholars have argued that we must hold the manufacturers and retailers that purchase goods made in sweatshops accountable. However, there has been little movement toward such accountability. Responsibility for the conditions under which goods are made—what I call “production liability”—entails assigning responsibility for workers to firms that do not directly employ them. Production liability, therefore, conflicts with deep intuitions about the boundaries of individual responsibility. This Article offers a moral and economic defense …
Guilt By Genetic Association: The Fourth Amendment And The Search Of Private Genetic Databases By Law Enforcement, Claire Abrahamson
Guilt By Genetic Association: The Fourth Amendment And The Search Of Private Genetic Databases By Law Enforcement, Claire Abrahamson
Fordham Law Review
Over the course of 2018, a number of suspects in unsolved crimes have been identified through the use of GEDMatch, a public online genetic database. Law enforcement’s use of GEDMatch to identify suspects in cold cases likely does not constitute a search under the Fourth Amendment because the genetic information hosted on the website is publicly available. Transparency reports from direct-to-consumer (DTC) genetic testing providers like 23andMe and Ancestry suggest that federal and state officials may now be requesting access to private genetic databases as well. Whether law enforcement’s use of private DTC genetic databases to search for familial relatives …
Free Money, But Not Tax-Free: A Proposal For The Tax Treatment Of Cryptocurrency Hard Forks, Danhui Xu
Free Money, But Not Tax-Free: A Proposal For The Tax Treatment Of Cryptocurrency Hard Forks, Danhui Xu
Fordham Law Review
Cryptocurrency has attracted extraordinary attention as one of the greatest financial innovations in recent years. Equally noticeable are the increasingly frequent cryptocurrency events, such as hard forks. Put simply, a cryptocurrency hard fork happens when a single cryptocurrency splits in two, which results in original coin owners receiving free forked coins. Such hard forks have resulted in billions of dollars distributed to U.S. taxpayers. Despite ongoing regulatory efforts, to date, the Internal Revenue Service (IRS) has yet to take a clear position on the tax treatment of cryptocurrency hard forks. The lack of useful guidance when filing tax returns has …
1d Plenary Session. Views From Judicial Decision Makers, Hugh C. Hansen, Annabelle Bennett, Tobias Bremi, Edger F. Brinkman, Klaus Grabinski, Lennie Hoffmann, Simon Holzer, Gordon Humphreys, Robin Jacob, Rian Kalden, Pierre Leval, Maria Eugénia Martins De Nazaré Ribeiro, Paul Michel, Yoshiaki Shibata, Hans Van Walderveen
1d Plenary Session. Views From Judicial Decision Makers, Hugh C. Hansen, Annabelle Bennett, Tobias Bremi, Edger F. Brinkman, Klaus Grabinski, Lennie Hoffmann, Simon Holzer, Gordon Humphreys, Robin Jacob, Rian Kalden, Pierre Leval, Maria Eugénia Martins De Nazaré Ribeiro, Paul Michel, Yoshiaki Shibata, Hans Van Walderveen
27th Annual Intellectual Property Law & Policy Conference (2019)
No abstract provided.
5a Patent Law Session. Biologics & Biosimilars, John Lee, Brian D. Coggio, Cordula Schumacher, Nicola Dagg, Shimako Kato, Ron Vogel, Roberto Rodrigues
5a Patent Law Session. Biologics & Biosimilars, John Lee, Brian D. Coggio, Cordula Schumacher, Nicola Dagg, Shimako Kato, Ron Vogel, Roberto Rodrigues
27th Annual Intellectual Property Law & Policy Conference (2019)
No abstract provided.
5b Patent Law Session. Patent Potpourri, Adam Mossoff, Tobias Hahn, Aloys Hüttermann, Myles Jelf, Heinz Goddar, Suzanne Michel, Justin Watts, Ken Adamo, Shlomo Cohen
5b Patent Law Session. Patent Potpourri, Adam Mossoff, Tobias Hahn, Aloys Hüttermann, Myles Jelf, Heinz Goddar, Suzanne Michel, Justin Watts, Ken Adamo, Shlomo Cohen
27th Annual Intellectual Property Law & Policy Conference (2019)
No abstract provided.
6a Competition And Copyright Law Session. Frand, Andrew Bowler, Ari Laakkonen, Marc Sandy Block, Renata B. Hesse, Jill (Yijun) Ge, Wolrad Prinz Zu Waldeck Und Pyrmont, Dina Kallay, David Por, Steven Geiszler
6a Competition And Copyright Law Session. Frand, Andrew Bowler, Ari Laakkonen, Marc Sandy Block, Renata B. Hesse, Jill (Yijun) Ge, Wolrad Prinz Zu Waldeck Und Pyrmont, Dina Kallay, David Por, Steven Geiszler
27th Annual Intellectual Property Law & Policy Conference (2019)
No abstract provided.
6b Competition And Copyright Law Session. International Copyright, Michael S. Shapiro, Mihály Ficsor, Jerker Rydén, Joel Smith, Yoshiaki Shibata, Silke Von Lewinski, Ted Shapiro, Marcus Von Welser
6b Competition And Copyright Law Session. International Copyright, Michael S. Shapiro, Mihály Ficsor, Jerker Rydén, Joel Smith, Yoshiaki Shibata, Silke Von Lewinski, Ted Shapiro, Marcus Von Welser
27th Annual Intellectual Property Law & Policy Conference (2019)
No abstract provided.
7a Enforcement And Multilateral Law Session. Copyright And Trademark Enforcement, Ann Bartow, Paul Maier, Raymond J. Dowd, Susan Scafidi, Gareth Dickson, Richard Pfohl, Fiona Phillips, Mary W.S. Wong
7a Enforcement And Multilateral Law Session. Copyright And Trademark Enforcement, Ann Bartow, Paul Maier, Raymond J. Dowd, Susan Scafidi, Gareth Dickson, Richard Pfohl, Fiona Phillips, Mary W.S. Wong
27th Annual Intellectual Property Law & Policy Conference (2019)
No abstract provided.
7b Enforcement And Multilateral Law Session. Multilateral Developments, Stevan Mitchell, Annabelle Bennett, Shira Perlmutter, James Love, Antony Taubman, Chomwan Weeraworawit, Evelyn Montellano, Irene Calboli
7b Enforcement And Multilateral Law Session. Multilateral Developments, Stevan Mitchell, Annabelle Bennett, Shira Perlmutter, James Love, Antony Taubman, Chomwan Weeraworawit, Evelyn Montellano, Irene Calboli
27th Annual Intellectual Property Law & Policy Conference (2019)
No abstract provided.
8a Competition And Patent Law Session. Competition, Daryl Lim, Thomas F. Cotter, Eleanor M. Fox, Milan Kristof, Suzanne Munck, Maureen K. Ohlhausen, Thomas D. Pease
8a Competition And Patent Law Session. Competition, Daryl Lim, Thomas F. Cotter, Eleanor M. Fox, Milan Kristof, Suzanne Munck, Maureen K. Ohlhausen, Thomas D. Pease
27th Annual Intellectual Property Law & Policy Conference (2019)
No abstract provided.
8b Competition And Patent Law Session. Supplementary Protection Certificates, Oliver Jan Jüngst, Marleen H. J. Van Den Horst, Laëtitia Bénard, Brian W. Gray, Hans Van Walderveen, Tom Mitcheson
8b Competition And Patent Law Session. Supplementary Protection Certificates, Oliver Jan Jüngst, Marleen H. J. Van Den Horst, Laëtitia Bénard, Brian W. Gray, Hans Van Walderveen, Tom Mitcheson
27th Annual Intellectual Property Law & Policy Conference (2019)
No abstract provided.
8c Competition And Patent Law Session. U.S. Patent Developments, Martin J. Adelman, John Richards, Kevin B. Collins, Tryn T. Stimart, Nicholas P. Groombridge, Joshua D. Sarnoff, Matthew W. Siegal
8c Competition And Patent Law Session. U.S. Patent Developments, Martin J. Adelman, John Richards, Kevin B. Collins, Tryn T. Stimart, Nicholas P. Groombridge, Joshua D. Sarnoff, Matthew W. Siegal
27th Annual Intellectual Property Law & Policy Conference (2019)
No abstract provided.
9a Copyright Law Session. U.S. Copyright Developments, David Carson, Nicholas Bartelt, Joshua L. Simmons, Ralph Oman, Steven Tepp, Ann Bartow, Joseph C. Gratz
9a Copyright Law Session. U.S. Copyright Developments, David Carson, Nicholas Bartelt, Joshua L. Simmons, Ralph Oman, Steven Tepp, Ann Bartow, Joseph C. Gratz
27th Annual Intellectual Property Law & Policy Conference (2019)
No abstract provided.
9b Copyright Law Session. Music Modernization Act, Casey Chisick, Justin Hughes, Sean M. O'Connor, Richard H. Reimer, Kenneth L. Steinthal, Frank P. Scibilia
9b Copyright Law Session. Music Modernization Act, Casey Chisick, Justin Hughes, Sean M. O'Connor, Richard H. Reimer, Kenneth L. Steinthal, Frank P. Scibilia
27th Annual Intellectual Property Law & Policy Conference (2019)
No abstract provided.