Other Law Commons^™

Ai, Antitrust, And The Marketplace Of Ideas, Maurice E. Stucke

Fordham Law Review

No abstract provided.

Taking The Profit Out Of War: Why International Law Requires Restitution Of Nazi-Looted Art, Raymond J. Dowd

Fordham Law Review Online

No abstract provided.

Training To The Tech: Fostering The Ethical Adaptation To And Adoption Of Emerging Technologies In The Practice Of Law, Raymond H, Brescia

Fordham Law Review

No abstract provided.

Winging It: Convergence, Convivencia, And Belonging Of Latina Lawyers, Verónica C. Gonzales

Fordham Law Review

No abstract provided.

Clean Hands, Dirty Money, And The Codification Of Sec Disgorgement, Stephanie Palma

Fordham Law Review

Disgorgement is the U.S. Securities and Exchange Commission’s (SEC) most powerful enforcement tool and among its most controversial. For decades, federal courts treated disgorgement in securities enforcement actions as an equitable remedy, a view that the U.S. Supreme Court confirmed in Liu v. SEC. Months after Liu, Congress passed the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, which codified disgorgement in SEC enforcement actions. The codification of disgorgement sparked a circuit split between the U.S. Courts of Appeals for the Fifth and Second Circuits over whether Congress created a new statutory form of …

Separation-Of-Powers Lochnerism, Andrea Scoseria Katz

Fordham Law Review

One hundred and twenty years ago, in 1905, the U.S. Supreme Court rendered one of the single most notorious opinions in history, striking down a New York labor law for violating the right to contract—a right found nowhere in the text of the Constitution. Though the era of Lochner v. New York is well past us, the judicial impulses that gave rise to the case remain. With a new champion in the Roberts Court, Lochnerism is alive and well, deployed in a new context to redefine the relationships between the president, Congress, federal agencies, and the courts.

Bringing together two …

Red, White-, And Blue-Collar Crime: Federal Sentencing Practices Among White-Collar And Blue-Collar Offenders, Henna Judge

Fordham Law Review

Under the current federal sentencing regime, district courts exercise immense amounts of discretion when sentencing. Though strict adherence to the U.S. Sentencing Commission Guidelines (the “Guidelines”) was once mandatory, courts must now use these Guidelines as an advisory starting point and make a series of fact-specific determinations when sentencing a defendant. Though judicial discretion in this realm aids in preventing undue reliance on Guidelines-range recommendations that can lack nuance, it also invites bias.

In recent years, scholars and courts alike have called attention to a potential disparity in the way blue-collar and white-collar offenders are sentenced. This Note examines relevant …

Corporeal Property And The Limits Of Nagpra, M. Alexander Pearl

Fordham Law Review

No abstract provided.

Remarks, Amassador Abubakar Jidda

Fordham Law Review

No abstract provided.

Defining “Cases” Or “Controversies”: A Fundamental Confusion In Article Iii Standing Doctrine And Its Consequences In Multi-Plaintiff Litigation, Dominic Signa

Fordham Law Review

The United States Supreme Court has addressed the absolute core requirements of standing under Article III of the U.S. Constitution on several occasions. However, the Court has not clearly articulated what purpose standing serves relative to Article III’s limitations on the exercise of judicial power to only “cases” or “controversies,” and this has led to major downstream effects in the realm of multi plaintiff litigation. Specifically, the Court has not explained whether standing is meant to ensure (1) that all potential plaintiffs demonstrate that they are properly parties to the same case or controversy before a federal court or (2) …

Pitching For Reform: Cangrejeros' Push To Level The Legal Playing Field By Challenging Baseball's Antitrust Exemption, Justin P. Chaljub

Fordham Journal of Corporate & Financial Law

For over one-hundred years, professional baseball has enjoyed an antitrust exemption unique among American major sports leagues, stemming from Supreme Court decisions in Federal Baseball and its progeny. This exemption has significantly influenced the evolution and structure of Major League Baseball (MLB). Despite extensive criticism and challenges for judicial and legislative reform, the exemption persists today.

However, new efforts have emerged to comprehensively disrupt this framework. In 2023, Nostalgic Partners was brought and structured to reach the U.S. Supreme Court. Plaintiffs anticipated they would lose at the lower court levels and garnered widespread support for the Court to grant a …

The Federal Reserve’S Fight Against Covid-19: A Study Of The Corporate Bond Intervention, Noah Seilgson

Fordham Journal of Corporate & Financial Law

In response to the COVID-19 pandemic, the Federal Reserve (Fed) embarked on an unprecedented mission to stabilize the U.S. economy as businesses shut down. One emergency Fed facility, the Secondary Market Corporate Credit Facility (SMCCF), was used to purchase corporate bonds and corporate bond exchange-traded funds (ETFs) in the secondary market. This extraordinary measure, which injected liquidity into the corporate bond market, aimed to mitigate economic fallout for large companies. Purchasing corporate bonds marked a departure from previous Federal Reserve interventions, but the statutory authority was the same as had been used in past crises: Section 13(3) of the Federal …

Company Districts, C.J. Suglia

Fordham Journal of Corporate & Financial Law

Special districts that are owned or controlled by private entities and act almost uniformly like a company town can be dubbed a “company district.” These special districts, similar to historical company towns, have autonomy over the districts, control the local government, and only have to answer to the state government. Historical company towns like Pullman, Illinois and Hershey, Pennsylvania had almost canonical command over the land within their boundaries. Company districts operate their business similar to a company town—in a city that the private entity controls, but do not have employees living on-site. Company districts benefit by being immune to …

Algorithms In Finance: Balancing First Amendment Protections And Regulation, Yusraa Tadj

Fordham Journal of Corporate & Financial Law

As algorithms become a function of decision-making in the financial sector, policymakers, the judiciary, and academics grapple with regulatory questions. With the increased reliance on algorithms in finance, the Securities and Exchange Commission (SEC) proposed a rule to mitigate potential conflicts of interest that can arise out of financial firms using algorithms. Algorithm users, including financial firms, are finding novel ways to protect algorithm use, such as by offering them First Amendment protections.

This Note considers to what extent algorithms can be considered protected speech amidst the complexity of algorithms and relationship within the financial sector. The Note argues that …

The Sharing Economy & The Platform Operator‐User‐Provider “Pup Model”: Analytical Legal Frameworks, Juan Jose Diaz-Granados, Benedict Sheehy

Fordham Intellectual Property, Media and Entertainment Law Journal

The Sharing Economy and related platform technologies have disrupted work, consumption, and business in ways unimaginable even a decade ago. Creating great wealth and opportunity for some, the Sharing Economy has equally undermined job security and safety for many others. One challenge for regulators, legal advisors, and scholars is developing a rigorous analytical model for these related phenomena. We present the first comprehensive legal framework for distinguishing and analyzing the various components of the Sharing Economy and their interrelationships. Our analysis is based on contract law and property law, providing a delimitation within the Sharing Economy and platform technologies based …

Ocularcentrism And Deepfakes: Should Seeing Be Believing?, Katrina G. Geddes

Fordham Intellectual Property, Media and Entertainment Law Journal

The pernicious effects of misinformation were starkly exposed on January 6, 2021, when a violent mob of protestors stormed the nation’s capital, fueled by false claims of election fraud. As policymakers wrestle with various proposals to curb misinformation online, this Article highlights one of the root causes of our vulnerability to misinformation, specifically, the epistemological prioritization of sight above all other senses (“ocularcentrism”). The increasing ubiquity of so-called “deepfakes”—hyperrealistic, digitally altered videos of events that never occurred—has further exposed the vulnerabilities of an ocularcentric society, in which technology-mediated sight is synonymous with knowledge. This Article traces the evolution of visual …

23andme: Attack Of The Clones And Other Concerns, Claire M. Amodio

Fordham Intellectual Property, Media and Entertainment Law Journal

A few years ago, ancestry websites took the world by storm. People were fascinated with their history and heritage and wanted to find out more about where they came from. Then along came 23andMe, which allowed people to not only unearth their familial roots, but also bring to light unknown medical conditions or predispositions to certain medical issues. 23andMe then took the unprecedented step of teaming up with a pharmaceutical company to create drugs with its users’ genetic information. After this announcement, some users were caught off guard, having had no idea that their genetic information—something so sensitive and uniquely …

Taxing Big Data: A Proposal To Benefit Society For The Use Of Private Information, Ziva Rubinstein

Fordham Intellectual Property, Media and Entertainment Law Journal

Artificial intelligence, the technology that is currently shaping our world, relies on the data that each individual supplies. In 2017, the Economist magazine asserted that “the world’s most valuable resource is no longer oil, but data.” This assertion is supported by the current data market, which became a hundred-billion-dollar industry in the data broker market alone. However, despite its immense value, individuals are not compensated when their data is collected, shared, or when that data is used to replace them in the job market. Further, companies are legally avoiding taxes on this resource, both during its collection and on the …

Navigating A Risk-Filled Sea: Insights On How The Law And Insurance Chart A Course By Allocating Liabilities And Creating Incentives, Stephen M. Shapiro

Fordham Journal of Corporate & Financial Law

Risk can be defined as the probability and extent of liability. Risk management involves identifying, evaluating, and minimizing liabilities, which is critical to the success of a wide range of enterprises. Managers often turn to insurance to reallocate risk, and to experts such as surveyors, engineers, attorneys, and accountants to identify and evaluate risks and to advise on how to reduce them. The law also ascertains, allocates, and liquidates liabilities, and affects how insurance reallocates them. Policymakers-both industrial and legal-must be aware of how industry practices, expert services, insurance provisions, and legal structures are intertwined to achieve diverse, and perhaps …

The Dinosaur In The Living Room: A Proposal To Enable Academic Access To Fossils Discovered On Private Land, Sara K. Mazurek

Fordham Intellectual Property, Media and Entertainment Law Journal

The United States has been a major source of scientifically significant paleontological discoveries over the course of its history. In addition to invaluable primary source material for the study of evolution and climate change, American paleontology has additionally been invoked as symbols of American power since the founding of the country. Even though fossils are prominent national heritage, the United States today only uniformly regulates their excavation and use on federal public lands through the Paleontological Resources Preservation Act. When fossils are discovered on private land, landowners and those with whom they contract often sell them to private collectors, which …

A2j Summit Collection Contributors, David Udell

Fordham Law Review Online

A compilation of biographies for the authors and participants in this Collection.

All Rise For Civil Justice, Martha Bergmark

Fordham Law Review Online

Equal justice under law is an American ideal. But every year, millions of people lose their cases in civil courts, not because they have done something wrong, but because they do not have the information or legal help they need to make their case. The United States civil justice system must be reformed so that it works for everyone, not just for the wealthy and the represented. For guidance, advocates of civil justice reform should look to the movement for criminal justice reform, which has successfully raised awareness and galvanized coalitions to effect policy change. I eagerly await the case …

The Role Of Data In Organizing An Access To Justice Movement, James Gamble, Amy Widman

Fordham Law Review Online

reminds us that civil justice reform has to start with compelling human stories. She’s right. Building a movement requires drawing in the care and effort of those who previously had not seen the problem. A story of a mother and her family unjustly evicted from their home, of an older gentleman whose life savings are unjustly taken, or of a father fighting for visitation rights unjustly denied: each of these personal stories is an outrage and will often generate anger in the listener. Stories lead those who do not live the injustices of our civil justice system every day to …

A Few Interventions And Offerings From Five Movement Lawyers To The Access To Justice Movement, Jennifer Ching, Thomas B. Harvey, Meena Jagannath, Purvi Shah, Blake Strode

Fordham Law Review Online

We are five lawyers who occupy very different corners of justice work. We are civil rights, human rights, and criminal defense lawyers, and we have worked at and managed legal services programs. We have taught law at law schools and universities and have built our own organizations. We currently work in interdisciplinary spaces with community organizers, funders, and other stakeholders in the justice system. As diverse as our perspectives are, we share a common belief that any mobilization around access to justice fails if it does not center the vision and strategies of larger social justice movements. We share here …

The Legal Empowerment Movement And Its Implications, Peter Chapman

Fordham Law Review Online

Around the world, a global legal empowerment movement is transforming the way in which people access justice. The concept of legal empowerment is rooted in strengthening the ability of communities to: “understand, use and shape the law.” The movement relies on people helping one another to stand up to authority and challenge injustice. At its center are paralegals, barefoot lawyers, and community advocates. Backed up by lawyers, these advocates are having significant impacts.

A National Movement For Access To Justice Must Be Holistic, Justine Olderman, Runa Rajagopal

Fordham Law Review Online

Jazmine Headley is one of many parents across New York City who depends on childcare benefits in order to work and to be the best single parent she can be to her one-year-old son. When her son’s daycare reported that it was no longer receiving payment from the city-issued childcare voucher, Jazmine’s only option was to take a day off of work to go to her local benefits center and figure out what was wrong. Making the trip to the benefits center meant that Jazmine had to miss a full day’s wage, and navigate the bureaucratic public assistance system, all …

Building A Movement: The Lessons Of Fines And Fees, Lisa Foster

Fordham Law Review Online

I doubt we will ever experience something we (or others) would call an Access to Justice Movement in the United States. The goal is too amorphous, lacks immediacy, and doesn’t resonate: If people don’t perceive that many of their problems have a legal solution, why would they rally to support “100 percent access to effective assistance for essential civil legal needs”? The legal system is too big, too complicated, and too removed from people’s everyday experiences. And especially in low-income communities of color, distrust of the justice system runs deep. People don’t want access to a system they believe is …

Integrating The Access To Justice Movement, Lauren Sudeall

Fordham Law Review Online

Last fall, advocates of social change came together at the A2J Summit at Fordham University School of Law and discussed how to galvanize a national access to justice movement—who would it include, and what would or should it attempt to achieve? One important preliminary question we tackled was how such a movement would define “justice,” and whether it would apply only to the civil justice system. Although the phrase “access to justice” is not exclusively civil in nature, more often than not it is taken to have that connotation. Lost in that interpretation is an opportunity to engage in a …

Self-Representation Is Becoming The Norm And Driving Reform, Katherine Alteneder

Fordham Law Review Online

The impact of civil legal entanglement on individuals and communities in matters involving essential basic needs—such as housing, safety, food security, health, education, wages, and family matters—is profound, and, unlike criminal proceedings, there is no right to counsel. Thus, people are, for the most part, their own champions. The outcomes of these entanglements shape the culture, well-being, and capacity of our communities and ought to be of fundamental concern for those engaged in social justice, anti-poverty, and civil rights work.

Don't Go It Alone, Ariel Simon, Sandra Ambrozy

Fordham Law Review Online

Civil legal challenges cut across an astonishing range of headline-making social issues. And so, while it is possible to make a compelling case for “access to justice” without tying it to issues of inequality, mobility, race, and equity, that is no way to build or ally with a movement. Access to justice should not just be about “justice” in a narrow legalistic sense, but in the way that the broader world understands it and people feel it, driven by imperatives such as: expanding opportunities for underserved populations; creating legal systems that protect the most vulnerable; and building institutions and structures …