Author

David M. Driesen

issues

October 2009 | Vol. 78, No. 1

Articles

Toward a Duty-Based Theory of Executive Power

Article III Standing in Federal Prosecutions of “Victimless Crimes”
By Ryan H. Nelson
Will Bruen Kill Cops?
By Guha Krishnamurthi & Peter N. Salib
A Proxy for Piety: A Closer Look at Religious Cost in the Substantial Burden Inquiry
By Philip Andrew B. Wines
Collar Correction for Lenity: Modifying the Rule of Lenity to Promote More Equitable Application to White-Collar and Blue-Collar Defendants
By Brennan Corriston
Desperate Crossings, Unjust Seas: Challenging the Interdiction and Forcible Return of Asylum Seekers on the High Seas
By Katarina Herring-Trott
Blockchain Evidence: How Smart Litigators Can Keep It Out At Trial
By Alexandra Sahara
Bruen as Heller: Text, History, and Tradition in the Lower Courts
By Leo Bernabei
A Congressional Inappropriation?: Troubleshooting CFPB v. CFSA Ahead of the Supreme Court’s Review
By William Weingarten
The Video Game Industry’s Money Laundering Problem: When Do Game Publishers Become Money Transmitters?
By Matthew Roomberg
Three Strikes, You’re Out!: The NCAA’s Struggle to Keep the Labor Law Lead Over College Athletes
By Tim Gordon
The Long Arm of the Law: Customary International Law in Domestic Courts
By James B. Garvey
Accessibility or Exploitation?: A Multiperspective Examination of ADA Title III Serial Litigation in New York City’s Chinatown
By Stephanie Diu
Remarks at the Memorial Mass for Kevin and Irene Duffy
By The Honorable P. Kevin Castel
Release to Sponsor Approved, Now What?
By Randi Mandelbaum
The Presidential Succession Act at 75 | Opening Address
By John D. Feerick
The Presidential Succession Act at 75 | Keynote Address
By Jeh C. Johnson
The Presidential Succession Act at 75 | The Relationship Between the Presidential Succession Act of 1947 and the Twenty-Fifth Amendment
By John Rogan
The Presidential Succession Act at 75 | History of the Legislative Succession Provisions in the Presidential Succession Act of 1947
By Joel K. Goldstein
The Presidential Succession Act at 75 | Problems with the Legislative Succession Provisions of the Presidential Succession Act of 1947
By Norm J. Ornstein
The Presidential Succession Act at 75 | A Defense of the Legislative “Officer” Succession Provisions
By Seth Barrett Tillman
The Presidential Succession Act at 75 | The Twentieth Amendment, the Presidential Succession Act of 1947, and Pre-Inaugural Problems
By Brian C. Kalt
The Presidential Succession Act at 75 | The Bumping Provisions of the Presidential Succession Act of 1947: Policy and Constitutional Considerations
By Americo Cinquegrana
The Presidential Succession Act at 75 | The Incumbency “Requirement” in the Presidential Succession Act of 1947: Policy and Constitutional Considerations
By James Ronan
The Presidential Succession Act at 75 | The 1947 Act and the Judiciary: Would the Courts Decide Who is President?
By Gregory F. Jacob
The Presidential Succession Act at 75 | Proposals to Reform the 1947 Act and How Reform Could Be Effectuated
By John C. Fortier
The Presidential Succession Act at 75 | How Close Has the United States Come to Having Lawmakers Succeed to the Presidency?
By Roy E. Brownell II
The Presidential Succession Act at 75 | Carl Albert, Bipartisanship, and Presidential Succession: Lessons from Watergate
By Joseph J. Fins
The Presidential Succession Act at 75 | Presidential and Vice Presidential Illness and the Presidential Succession Act of 1947
By Rose McDermott
The Presidential Succession Act at 75 | Continuity of Government Efforts
By Garrett M. Graff
The Presidential Succession Act at 75 | Nuclear Weapons and the Presidential Succession Act of 1947
By Rebecca C. Lubot
The Presidential Succession Act at 75 | A White House Counsel’s Perspective on Presidential Health and the Line of Succession
By Arthur B. Culvahouse Jr.
Abortion Rights Under State Constitutions: A Fifty-State Survey
By Robert L. Bentlyewski
How to Regulate Online Platforms: Why Common Carrier Doctrine is Inappropriate to Regulate Social Networks and Alternate Approaches to Protect Rights
By Edward W. McLaughlin
Polarizing Impact: Indigenous Consultation Under International Labor Organization Convention 169 and the Emerging Polar Shipping Industry
By Danika Elizabeth Watson
Old Dilemmas, New Guises: Developing an Anti-Subordination Reading of Students For Fair Admissions v. Harvard
By Eric Szkarlat
Court Mandated Technology-Assisted Review in E-Discovery: Changes In Proportionality, Cost-Shifting, and Spoliation
By Graham Streich
The Anomalous Issue Class
By Veniamin Privalov
Recording Virtual Justice: Cameras in the Digital Courtroom
By Matthew Bultman
Tenancies Uncommon: Limits on Representing Cotenants Pro Se
By Robert L. Bentlyewski
Tribute to Judge Duffy | Introduction
By Denis J. McInerney
Tribute to Judge Duffy | Judicial Profile of Judge Duffy From The Federal Lawyer
By Kevin N. Ainsworth
Tribute to Judge Duffy | KTD Tribute
By Ron Cami
Tribute to Judge Duffy | Kevin Thomas Duffy: A Masterful Trial Judge
By The Honorable P. Kevin Castel
Tribute to Judge Duffy | In Memory of Kevin Thomas Duffy: Voices from the Fordham Law School Community
By John D. Feerick
Tribute to Judge Duffy | Recollections of Judge Kevin T. Duffy
By Robert B. Fiske & Jr.
Tribute to Judge Duffy | The Honorable Kevin T. Duffy: A Great Judge with a Sense of Humor
By The Honorable John F. Keenan
Tribute to Judge Duffy | Kevin Thomas Duffy: I Never Called Him Kevin . . .
By Charles LaBella
Tribute to Judge Duffy | A Law Clerk’s Remembrance of the Honorable Kevin Thomas Duffy
By Tom Lenhart
Tribute to Judge Duffy | A Prayer for St. Kevin
By Meghan Silhan Mastrocovi
Tribute to Judge Duffy | A View From Below
By Denis J. McInerney
Tribute to Judge Duffy | Honorable Kevin Thomas Duffy
By The Honorable Loretta A. Preska
Tribute to Judge Duffy | Clerk Recollections, Stories, and Vignettes
By Judge Duffy's Former Clerks
“Lawcraft”: China’s Evolving Approach to International Law and the Implications for American National Security
By Captain Matthew H. Ormsbee
Novel Perspectives on Local Drafting | The False Promise of Criminal Justice Expertise
By Laura I. Appleman
Novel Perspectives on Local Drafting | Multilayered Criminal (F)laws
By Michael T. Cahill
Novel Perspectives on Local Drafting | Municipal Exclusion
By Eric Miller
An Introduction to the Fordham Law Review Online Spring Issue, Systemic Inequality in the American Experience
By Leili A. Saber & Kevin Sette
Systemic Inequality | A Call for Desegregation in Education: Examining the Strength in Diversity Act
By Kimberly Ayudant
Systemic Inequality | Race, Place, and Pollution: The Deep Roots of Environmental Racism
By Robert L. Bentlyewski & Mina Juhn
Systemic Inequality | Ballot Access Behind Bars
By Robin Fisher
Systemic Inequality | Recasting the Exclusionary Rule’s Net
By Zach Huffman
Systemic Inequality | Systemic Racism in Child Neglect Laws
By Kendra Kumor
Systemic Inequality | Racial Gerrymandering, The For the People Act, and Brnovich: Systemic Racism and Voting Rights in 2021
By Joseph Palandrani & Danika Elizabeth Watson
Systemic Inequality | Not Secure in Their Persons: Bridging Garner and Graham
By Eric Szkarlat
Transaction Cost Economics & MAEs: The Dealmaker’s Crystal Ball
By Christina M. Sautter
Celebrating a Lasting Legacy | Foreword
By Matthew Diller
Celebrating a Lasting Legacy | Michael M. Martin
By Ian Weinstein
Celebrating a Lasting Legacy | Frank Chiang
By Constantine N. Katsoris
Celebrating a Lasting Legacy | Marcella Silverman
By Elizabeth Maresca
Celebrating a Lasting Legacy | Richard Scott Carnell
By Susan Block-Lieb
Celebrating a Lasting Legacy | Robin Lenhardt
By Kimani Paul-Emile & Jennifer Gordon
Celebrating a Lasting Legacy | Thomas Schoenherr
By Michael W. Martin
Celebrating a Lasting Legacy | Robert J. Kaczorowski
By Martin S. Flaherty
Celebrating a Lasting Legacy | Nitza Milagros Escalera
By Leah A. Hill
Celebrating a Lasting Legacy | Joseph C. Sweeney
By Constantine N. Katsoris
Celebrating a Lasting Legacy | Joel R. Reidenberg
By Thomas Norton
Celebrating a Lasting Legacy | Laurence J. Abraham
By Todd Melnick
Celebrating a Lasting Legacy | Hon. Deborah Batts
By James L. Kainen &
Visions of the Republic | The People: A Pre-Primer for Critically Reevaluating Representation & Court Power in the Present
By Marvin L. Astrada
Visions of the Republic | Facts and Fictions of Corporate Executive Accountability
By Masaki Iwasaki
Visions of the Republic | State Solutions to State Problems: Using State Constitutions to Fight Voter Suppression
By Russell Spivak
Visions of the Republic | Voting with the Virus: Ensuring Democracy via Bypassing the Excuse Requirements in Absentee Voting
By Russell Spivak
Visions of the Republic | School Funding Under the Neutrality Principle: Notes on a Post-Espinoza Future
By
A Note on the Fordham Law Review Online Fall Issue, Novel Perspectives on Due Process
By Nora Stewart
Do the Proposed Title IX Regulations Protect or Undermine Due Process?
By Michelle J. Anderson
Uncoupling Habeas Corpus and Due Process
By Jonathan G. D’Errico
Punishment Without Process: “Victim Impact” Proceedings for Dead Defendants
By Bruce A. Green & Rebecca Roiphe
Constructing the Original Scope of Constitutional Rights
By Nathan S. Chapman
Questioning the Constitutional Rights of Foreign Nations
By Donald Earl Childress III
Rights, Immunities, and Sovereigns
By Katherine Florey
Foreign Nations, Constitutional Rights, and International Law
By Austen Parrish
A Commentary on Ingrid Wuerth’s The Due Process and Other Constitutional Rights of Foreign Nations
By David P. Stewart
Doctrinal Redundancy and the Two Paradoxes of Personal Jurisdiction
By Robin J. Effron
The Rights of Foreign States in the United States Legal System
By John Harrison
Do Foreign Nations Have Constitutional Rights?
By Robert J. Pushaw & Jr.
Building the Access to Justice Movement
By David Udell
A Perspective from the Judiciary on Access to Justice
By Jonathan Lippman
“What Do We Want!”?
By Rebecca Sandefur
Striking a Match, Not a Pose, For Access to Justice
By Gillian Hadfield
Access to Legal Help is a Humane Service
By Jo-Ann Wallace

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