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Fordham Law Review, Volume 78 Number 5 (April 2010)
posted by Fordham Law Review
| Volume 78 | April 2010 | Number 5 |
SYMPOSIUM
THE ECONOMIC DOWNTURN AND THE LEGAL PROFESSION
Foreword: The Great Recession and
the Legal Profession
Eli Wald
The Transformation of Large Law Firm Organization and Structure
Team of Rivals? Toward a New Model
of the Corporate Attorney-Client Relationship
David B. Wilkins
Supply Chains and Porous Boundaries:
The Disaggregation of Legal Services
Milton C. Regan, Jr. & Palmer T. Heenan
Multidisciplinary Practice Redux:
Globalization, Core Values, and
Reviving the MDP Debate in America
Paul D. Paton
The Changing Professional Landscape of Large Law Firms
So, You Want To Be a Lawyer?
The Quest for Professional Status in a
Changing Legal World
Joyce S. Sterling & Nancy Reichman
The Evolving Institutional and Psychological Infrastructure for
Ethical Decision Making at Large Law Firms
The Risk of Risk Management
Stephan Landsman
Listening to Cassandra: The Difficulty of
Recognizing Risks and Taking Action
Carol A. Needham
Large Law Firms and the Public Interest:
Provision of Pro Bono Services by Large Law Firms
Managing Pro Bono: Doing Well by
Doing Better
Scott L. Cummings & Deborah L. Rhode
The Paradoxes of Pro Bono
Richard Abel
April 17, 2010 at 1:22 pm
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Fordham Law Review Symposium on April 16 & 17: The Adequacy of the Presidential Succession System in the 21st Century
posted by Fordham Law Review
The Fordham Law Review is organizing this event along with former Fordham Law School Dean John D. Feerick, a preeminent scholar on the Twenty-Fifth Amendment, and former Senator Birch Bayh, framer of the Twenty-Fifth Amendment.
The event is a two-day symposium, bringing together leading thinkers and experienced practitioners in the area of presidential succession: Former Senator Birch Bayh, who, as framer of the Twenty-Fifth Amendment and chairman of the Senate Subcommittee on Constitutional Amendments, oversaw the hearings and debate on the topic; those who were on the front lines in developing the presidential succession structure (Fred Fielding, former White House Counsel to Presidents Ronald Reagan and George W. Bush, and Benton Becker who served as Counsel to President Ford); those who have written on the subject from a variety of perspectives (Professors Akhil Amar, John Feerick, Edward Foley, Joel Goldstein, Robert Gilbert, and Rose McDermott); Dr. John Fortier and Norman Ornstein, whose work on the Continuity in Government Commission has evaluated the adequacy of this system in a post-9/11 world; Constitutional Law scholars Dean William Treanor, Professor James Fleming, and Robert Kaczorowski; as well as Bill Baker, President Emeritus of WNET.ORG.
The Fordham Law Review will publish the symposium in its December 2010 issue.
Among a number of topics that will be discussed are the ambiguities in the existing constitutional provisions (for example, can presidents invoke the inability provision of the Twenty-Fifth Amendment to temporarily step down during moments of political crisis?); analysis of the constitutionality of the current Succession Act, which puts members of Congress in the line of succession; recommendations for handling a double vacancy in the Presidency and Vice Presidency and the constitutionality of current proposals for dealing with such a dilemma; important gaps and conflicts at various stages of transition (for example, disability or death prior to election or inauguration and potential conflict of interests arising in confirmation hearings of an appointed Vice President); and the constitutionality of informal—extraconstitutional and extrastatutory—arrangements between Presidents and their Vice Presidents, members of their cabinet, and members of Congress.
WHEN:
Friday, April 16 from 9:30 to 5:00 and Saturday, April 17 from 9:30 to 1:00
WHERE:
Fordham Law School
McNally Amphitheatre
140 West 62nd Street
New York, NY 10023
This event is free and open to the public.
Full Schedule here.
April 6, 2010 at 12:23 am
Posted in: Administrative Law, Conferences, Constitutional Law, Current Events, Law Rev (Fordham), Politics
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Fordham Law Review, Volume 78 Number 4 (March 2010)
posted by Fordham Law Review
| Volume 78 |
March 2010 |
Number 4 |
ARTICLES
Property in Crisis
Nestor M. Davidson & Rashmi Dyal-Chand
Prospective Compensation in Lieu of a Final
Injunction in Patent and Copyright Cases
H. Tomás Gómez-Arostegui
ESSAY
Reducing Information Gaps To Reduce the Tax Gap:
When Is Information Reporting Warranted?
Leandra Lederman
NOTES
To Catch a Predator or To Save His Marriage:
Advocating for an Expansive Child Abuse Exception
to the Marital Privileges in Federal Courts
Emily C. Aldridge
Freedom, Finality, and Federal Preemption:
Seeking Expanded Judicial Review of Arbitration
Awards Under State Law After Hall Street
Brian T. Burns
The CAFA Mass Action Numerosity Requirement:
Three Problems with Counting to 100
Guyon Knight
Matters of Public Safety and the Current
Quarrel over the Scope of the Quarles
Exception to Miranda
Rorie A. Norton
Using Disparate Impact Analysis in Fair Housing
Act Claims: Landlord Withdrawal from
the Section 8 Voucher Program
Rebecca Tracy Rotem
Strictly Wrong as a Tax Policy: The Strict
Liability Penalty Standard in Noneconomic
Substance Transactions
Mik Shin-Li
March 13, 2010 at 10:33 am
Posted in: Law Rev (Fordham), Law Rev Contents
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Fordham Law Review, Volume 78 Number 3 (December 2009)
posted by Fordham Law Review
|
Volume 78 |
December 2009 |
Number 3 |
SYMPOSIUM
AGAINST SETTLEMENT: TWENTY-FIVE YEARS LATER
Foreword: Reflections on the
Adjudication-Settlement Divide
Howard M. Erichson
Some Thoughts About the
Economics of Settlement
John Bronsteen
Revisiting Against Settlement: Some
Reflections on Dispute Resolution
and Public Values
Amy J. Cohen
Reexamining the Arguments in
Owen M. Fiss, Against Settlement
Kenneth R. Feinberg
The Public Value of Settlement
Samuel Issacharoff & Robert H. Klonoff
Three Things To Be Against
(“Settlement” Not Included)
Michael Moffitt
Mediation Exceptionality
Jacqueline Nolan-Haley
Comments on Owen M. Fiss,
Against Settlement (1984)
Hon. Jack B. Weinstein
The History of an Idea
Owen M. Fiss
ARTICLE
What Owners Want and Governments Do:
Evidence from the Oregon Experiment
Bethany R. Berger
NOTES
December 14, 2009 at 12:19 pm
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Fordham Law Review, Volume 78 Number 2 (November 2009)
posted by Fordham Law Review
| Volume 78 |
November 2009 |
Number 2 |
THE ROBERT L. LEVINE DISTINGUISHED LECTURE
OVERCOMING BARRIERS TO IMMIGRANT REPRESENTATION:
EXPLORING SOLUTIONS
Deepening the Legal Profession’s Pro Bono
Commitment to the Immigrant Poor
Hon. Robert A. Katzmann
Report of Subcommittee 1: Increasing Pro Bono Activity
The Representational and Counseling
Needs of the Immigrant Poor
Jennifer L. Colyer, Sarah French Russell, Robert E. Juceam & Lewis J. Liman
Reports of Subcommittee 2: Enhancing Mechanisms for Service Delivery
Introduction
Claudia Slovinsky
Barriers to Representation for Detained
Immigrants Facing Deportation: Varick
Street Detention Facility, A Case Study
Peter L. Markowitz
Report of Subcommittee 3: Addressing Inadequate Representation
Regulating Immigration Legal Service Providers:
Inadequate Representation and Notario Fraud
Careen Shannon
Essay
A View from the Immigration Bench
Hon. Noel Brennan
Epilogue
Representation for Immigrants:
A Judge’s Personal Perspective
Hon. Denny Chin
ARTICLES
Disclosure, Deception, and Deep-Packet
Inspection: The Role of the Federal Trade
Commission Act’s Deceptive Conduct
Prohibitions in the Net Neutrality Debate
Catherine J. K. Sandoval
The Dog That Didn’t Bark: Stealth
Procedures and the Erosion of Stare Decisis
in the Federal Courts of Appeals
Amy E. Sloan
November 3, 2009 at 4:24 pm
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Fordham Law Review, Volume 78 Number 1 (October 2009)
posted by Fordham Law Review
| Volume 78 |
October 2009 |
Number 1 |
THE PHILIP D. REED LECTURE SERIES
Sanctions in Electronic Discovery Cases: Views from the Judges
Panel Discussion
ESSAY
A Matter of Context: Social Framework Evidence in Employment Discrimination Class Actions
Melissa Hart & Paul M. Secunda
ARTICLE
Toward a Duty-Based Theory of Executive Power
David M. Driesen
NOTES
Post-Davis Conduit Bonds: At the Intersection of the Dormant Commerce Clause and Municipal Debt
Sean Carey
Best Evidence and the Wayback Machine: Toward a Workable Authentication Standard for Archived Internet Evidence
Deborah R. Eltgroth
“The Right of the People”: The NSA, the FISA Amendments Act of 2008, and Foreign Intelligence Surveillance of Americans Overseas
Jonathan D. Forgang
What the Right Hand Gives: Prohibitive Interpretations of the State Constitutional Right to Bail
Ariana Lindermayer
An Analysis of the Judicial Panel on Multidistrict Litigation’s Selection of Transferee District and Judge
Daniel A. Richards
Protections for Electronic Communications: The Stored Communications Act and the Fourth Amendment
Alexander Scolnik
A Close Look at ADEA Mixed-Motives Claims and Gross v. FBL Financial Services, Inc.
Leigh A. Van Ostrand
October 14, 2009 at 10:19 am
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Fordham Law Review, Volume 77 Number 6 (May 2009)
posted by Fordham Law Review
|
Volume 77 |
May 2009 |
Number 6 |
ARTICLES
The Pros and Cons of Politically Reversible “Semisubstantive” Constitutional Rules
Dan T. Coenen
The Right Remedy for the Wrongly Convicted: Judicial Sanctions for Destruction of DNA Evidence
Cynthia E. Jones
ESSAY
Combat Veterans, Mental Health Issues, and the Death Penalty: Addressing the Impact of Posttraumatic Stress Disorder and Traumatic Brain Injury
Anthony E. Giardino
NOTES
Beyond Lawrence v. Texas: Crafting a Fundamental Right to Sexual Privacy
Kristin Fasullo
Meet Two-Face: The Dualistic Rule 10b-5 and the Quandary of Offsetting Losses by Gains
Samuel Francis
Ferreting Out Favoritism: Bringing Pretext Claims after Kelo
Daniel S. Hafetz
Adding Insult to Injury?: The Untoward Impact of Requiring More Than De Minimis Injury in an Eighth Amendment Excessive Force Case
Robyn D. Hoffman
Untying Our Hands: The Case for Uniform Personal Jurisdiction Over “Libel Tourists”
Todd W. Moore
Hedges or Thickets: Protecting Investors From Hedge Fund Managers’ Conflicts of Interest
Ryan Sklar
Back to Basics: Determining a Child’s Habitual Residence in International Child Abduction Cases Under the Hague Convention
Tai Vivatvaraphol
Third-Party Consent Searches After Randolph: The Circuit Split Over Police Removal of an Objecting Tenant
Matthew W. J. Webb
June 10, 2009 at 8:47 pm
Posted in: Law Rev (Fordham), Law Rev Contents
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Fordham Law Review, Issue 76:5 (April 2008)
posted by Fordham Law Review
Fordham Law Review, Issue 76:5 (April 2008)
(Contents of past issues are available at our website)
ESSAY
Melissa B. Jacoby, Home Ownership Risk Beyond a Subprime Crisis: The Role of Delinquency Management, 76 Fordham L. Rev. 2261 (2008).
ARTICLES
John Bronsteen, Brendan S. Maher & Peter K. Stris, ERISA, Agency Costs, and the Future of Health Care in the United States, 76 Fordham L. Rev. 2297 (2008).
Kevin K. Washburn, Restoring the Grand Jury, 76 Fordham L. Rev. 2333 (2008).
NOTES
Gregory Apgar, Prudential Standing Limitations on Lanham Act False Advertising Claims, 76 Fordham L. Rev. 2389 (2008).
Jennifer A. Gniady, Regulating Direct-to-Consumer Genetic Testing: Protecting the Consumer Without Quashing a Medical Revolution, 76 Fordham L. Rev. 2429 (2008).
Amanda L. Houle, From T-Shirts to Teaching: May Public Schools Constitutionally Regulate Antihomosexual Speech?, 76 Fordham L. Rev. 2477 (2008).
Lauren E. Sasser, Waiting in Immigration Limbo: The Federal Court Split over Suits to Compel Action on Stalled Adjustment of Status Applications, 76 Fordham L. Rev. 2511 (2008).
James M. Shea, Jr., Who Is at the Table? Interpreting Disclosure Requirements for Ad Hoc Groups of Institutional Investors Under Federal Rule of Bankruptcy Procedure 2019, 76 Fordham L. Rev. 2561 (2008).
Andrew V. Trask, “Obvious to Try”: A Proper Patentability Standard in the Pharmaceutical Arts?, 76 Fordham L. Rev. 2625 (2008).
April 28, 2008 at 8:59 pm
Posted in: Law Rev (Fordham), Law Rev Contents
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Fordham Law Review, Issue 76:4 (March 2008)
posted by Fordham Law Review
Fordham Law Review, Issue 76:4 (March 2008)
(Contents of past issues are available at our website)
ESSAY
Judith S. Kaye & Anne C. Reddy, The Progress of Women Lawyers at Big Firms: Steadied or Simply Studied?, 76 Fordham L. Rev. 1941 (2008).
ARTICLES
Robert P. Bartlett III, Taking Finance Seriously: How Debt Financing Distorts Bidding Outcomes in Corporate Takeovers, 76 Fordham L. Rev. 1975 (2008).
Roger A. Fairfax, Jr., Harmless Constitutional Error and the Institutional Significance of the Jury, 76 Fordham L. Rev. 2027 (2008).
NOTES
Frank D’Angelo, Turf Wars: Street Gangs and the Outer Limits of RICO’s “Affecting Commerce” Requirement, 76 Fordham L. Rev. 2075 (2008).
George A. Mocsary, Explaining Away the Obvious: The Infeasibility of Characterizing the Second Amendment as a Nonindividual Right, 76 Fordham L. Rev. 2113 (2008).
Amanda Sue Nichols, Alien Tort Statute Accomplice Liability Cases: Should Courts Apply the Plausability Pleading Standard of Bell Atlantic v. Twombly?, 76 Fordham L. Rev. 2177 (2008).
Katherine A. Rocco, Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure: In the Interest of Full Disclosure?, 76 Fordham L. Rev. 2227 (2008).
April 28, 2008 at 8:36 pm
Posted in: Law Rev (Fordham), Law Rev Contents
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Fordham Law Review, Issue 76:2 (November 2007)
posted by Fordham Law Review
Fordham Law Review, Issue 76:2 (November 2007)
(Contents of past issues are available at our website)
SYMPOSIUM: NONPROFIT LAW, ECONOMIC CHALLENGES, AND THE FUTURE OF CHARITIES
Linda Sugin, Introduction, 76 Fordham L. Rev. 517 (2007).
Evelyn Brody, The Board of Nonprofit Organizations: Puzzling Through the Gaps Between Law and Practice, 76 Fordham L. Rev. 521 (2007).
James J. Fishman, Wrong Way Corrigan and Recent Developments in the Nonprofit Landscape: A Need for New Legal Approaches, 76 Fordham L. Rev. 567 (2007).
Marion R. Fremont-Smith, The Search for Greater Accountability of Nonprofit Organizations: Recent Legal Developments and Proposals for Change, 76 Fordham L. Rev. 609 (2007).
Reynold Levy & Glenn Lowry, Entrepreneurialism in Nonprofits, 76 Fordham L. Rev. 647 (2007).
John D. Colombo, Reforming Internal Revenue Code Provisions on Commercial Activity by Charities, 76 Fordham L. Rev. 667 (2007).
John K. Eason, The Restricted Gift Life Cycle, or What Comes Around Goes Around, 76 Fordham L. Rev. 693 (2007).
Jill S. Manny, Nonprofit Payments to Insiders and Outsiders: Is the Sky the Limit?, 76 Fordham L. Rev. 735 (2007).
Ellen P. Aprill, What Critiques of Sarbanes-Oxley Can Teach About Regulation of Nonprofit Governance, 76 Fordham L. Rev. 765 (2007).
Dana Brakman Reiser, Director Independence in the Independent Sector, 76 Fordham L. Rev. 795 (2007).
David A. Brennan, The Commerciality Doctrine as Applied to the Charitable Tax Exemption for Homes for the Aged: State and Local Perspectives, 76 Fordham L. Rev. 833 (2007).
November 14, 2007 at 8:00 pm
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Announcing the Law Review Table of Contents Project
posted by Daniel Solove
I’m pleased to announce a new feature at Concurring Opinions – the Law Review Table of Contents Project. We have invited a number of the top law reviews to post the table of contents to their new issues and to provide links to the articles if they are posted on the law review’s website.
The goal of the Table of Contents Project is to provide you with a useful research tool. Finding out about the latest law review publications can be difficult. If you’re like me, you rarely read the physical issues of law reviews anymore; and you don’t have time to constantly keep checking each law review’s website to see if a new issue has been published. Now you don’t have to. Just keep reading Concurring Opinions, and information about the latest law review scholarship will be brought to you – all in one place!
Each journal’s tables of contents will be archived in two categories: (1) a category called Law Rev Contents – collecting all the law review table of contents postings; and (2) a category for each specific law review.
Participating law reviews thus far include:
* Boston College
* Chicago
* Columbia
* Cornell
* Duke
* Emory
* Fordham
* Georgetown
* GW
* Harvard
* Indiana
* Michigan
* Minnesota
* NYU
* Northwestern
* Notre Dame
* Southern California
* Stanford
* Texas
* UCLA
* Vanderbilt
* Virginia
* Washington University
* Yale
We still have a bunch of open invitations, so we anticipate that the number of participants will grow. Unfortunately, we cannot include all law reviews, as this will overwhelm the regular content of our blog.
We hope that you find this new feature to be helpful. We’re very excited about it here, as we believe that this will be of great use to keep you informed about new legal scholarship.
November 13, 2007 at 12:10 am
Posted in: Administrative Announcements, Law Rev (Boston College), Law Rev (Chicago), Law Rev (Columbia), Law Rev (Cornell), Law Rev (Duke), Law Rev (Emory), Law Rev (Fordham), Law Rev (Georgetown), Law Rev (GW), Law Rev (Harvard), Law Rev (Indiana), Law Rev (Michigan), Law Rev (Minnesota), Law Rev (Northwestern), Law Rev (Notre Dame), Law Rev (NYU), Law Rev (S Cal), Law Rev (Stanford), Law Rev (Texas), Law Rev (UCLA), Law Rev (Vanderbilt), Law Rev (Virginia), Law Rev (Yale), Law Rev Contents
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