Author

Rachel Koehn Breland

issues

March 2024 | Vol. 92, No. 4

Articles

Avoiding Rejection: Studying When and Why State Courts Decline Certified Questions 

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
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 | A Defense of the Legislative “Officer” Succession Provisions
By Seth Barrett Tillman
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 | Nuclear Weapons and the Presidential Succession Act of 1947
By Rebecca C. Lubot
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
Court Mandated Technology-Assisted Review in E-Discovery: Changes In Proportionality, Cost-Shifting, and Spoliation
By Graham Streich
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 | A Law Clerk’s Remembrance of the Honorable Kevin Thomas Duffy
By Tom Lenhart
An Introduction to the Fordham Law Review Online Spring Issue, Systemic Inequality in the American Experience
By Leili A. Saber & Kevin Sette
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 | Nitza Milagros Escalera
By Leah A. Hill
Celebrating a Lasting Legacy | Hon. Deborah Batts
By James L. Kainen &
Punishment Without Process: “Victim Impact” Proceedings for Dead Defendants
By Bruce A. Green & Rebecca Roiphe
Doctrinal Redundancy and the Two Paradoxes of Personal Jurisdiction
By Robin J. Effron
Do Foreign Nations Have Constitutional Rights?
By Robert J. Pushaw & Jr.
Building the Access to Justice Movement
By David Udell
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
Don’t Go It Alone
By Ariel Simon & Sandra Ambrozy
Integrating the Access to Justice Movement
By Lauren Sudeall
Self-Representation is Becoming the Norm and Driving Reform
By Katherine Alteneder
Building a Movement: The Lessons of Fines and Fees
By Lisa Foster
A National Movement for Access to Justice Must be Holistic
By Justine Olderman & Runa Rajagopal
The Legal Empowerment Movement and Its Implications
By Peter Chapman
A Few Interventions and Offerings from Five Movement Lawyers to the Access to Justice Movement
By Jennifer Ching, Thomas Harvey, Meena Jagannath, Purvi Shah & Blake Strode
Disturbing Disparities: Black Girls and the School-To-Prison Pipeline
By Leah A. Hill
Family Law’s Exclusions
By Clare Huntington
“All the Women Are White, All the Blacks Are Men, But Some of Us Are Brave”
By Kimani Paul-Emile & R.A Lenhardt
More Color More Pride: Addressing Structural Barriers to Interracial LGBTQ Loving
By Praatika Prasad
Gender and Religious Dress at the European Court of Human Rights: A Comparison of Şahin v. Turkey and Arslan v. Turkey
By Bronwyn Roantree
Don’t Bring a CAD File to a Gun Fight: A Technological Solution to the Legal and Practical Challenges of Enforcing ITAR on the Internet
By Catherine Tremble
Revisiting Abbe Smith’s Question, “Can a Good Person be a Good Prosecutor?” in the Age of Krasner and Sessions
By Rebecca Roiphe
Scientific Excellence in the Forensic Science Community
By Alice R. Isenberg & Cary T. Oien
Scientific Validity and Error Rates: A Short Response to the PCAST Report
By Ted Robert Hunt
The Reliability of the Adversarial System to Assess the Scientific Validity of Forensic Evidence
By Andrew D. Goldsmith
Standing to Kneel: Analyzing NFL Players’ Freedom to Protest During the Playing of the U.S. National Anthem
By Marc Edelman
The Public’s Constitutional Thinking and the Fate of Health Care Reform: PPACA as Case Study
By Bruce G. Peabody & Peter J. Woolley
Popular Constitutional Values: The Links Between Public Opinion and the Supreme Court’s 2011 Term
By Peter J. Woolley & Bruce G. Peabody
A Conversation on Financial Literacy
By Susan Block-Lieb & Andrea Boyack
Polls, the Public, and Popular Perspectives on Constitutional Issues
By Peter J. Woolley & Bruce G. Peabody
Res Publica: Public Opinion, Constitutional Law, and the Supreme Court’s 2010 Term
By Bruce G. Peabody & Peter J. Woolley
Battered Women, Self-Defense, and the Law
By Holly Maguigan & Joshua Dressler

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