Author

Stephen Rushin

issues

May 2024 | Vol. 92, No. 6

Special Essays

The Least Known Celebration of America’s Founding Principles—Law Day

issues

April 2024 | Vol. 92, No. 5

Symposium

The New AI: The Legal and Ethical Implications of ChatGPT and Other Emerging Technologies

AI, Algorithms, and Awful Humans

issues

May 2023 | Vol. 91, No. 6

Notes

Criminalizing Threats Against Schools: A Divergence of Mens Rea and Punishment Severity in Recent State Legislation

issues

October 2022 | Vol. 91, No. 1

Articles

Police Vehicle Searches and Racial Profiling: An Empirical Study

issues

May 2021 | Vol. 89, No. 6

Notes

Affirmative Immunity: A Litigation-Based Approach to Curb Appellate Courts’ Raising Qualified Immunity Sua Sponte

issues

May 2020 | Vol. 88, No. 6

Notes

Disaggregating the Two Prongs of Article 13(b) of the Hague Convention to Cover Unsafe and Unstable Situations

issues

April 2019 | Vol. 87, No. 5

Notes

Disagreeing over Agreements: A Cross-Sectional Analysis of No-Poaching Agreements in the Franchise Sector

issues

April 2019 | Vol. 87, No. 5

Articles

Dignity and Social Meaning: Obergefell, Windsor, and Lawrence as Constitutional Dialogue

issues

April 2019 | Vol. 87, No. 5

Colloquium

Colloquium: The Varied Roles, Regulation, and Professional Responsibilities of Government Lawyers

May Federal Prosecutors Take Direction from the President?

issues

April 2019 | Vol. 87, No. 5

Colloquium

Colloquium: The Varied Roles, Regulation, and Professional Responsibilities of Government Lawyers

Hidden Nondefense: Partisanship in State Attorneys General Amicus Briefs and the Need for Transparency

issues

April 2019 | Vol. 87, No. 5

Colloquium

Colloquium: The Varied Roles, Regulation, and Professional Responsibilities of Government Lawyers

DACA, Government Lawyers, and the Public Interest

issues

April 2019 | Vol. 87, No. 5

Articles

Reevaluating School Searches Following School-to-Prision Pipeline Reforms

issues

April 2019 | Vol. 87, No. 5

Colloquium

Colloquium: The Varied Roles, Regulation, and Professional Responsibilities of Government Lawyers

Legal Dilemmas Facing White House Counsel in the Trump Administration: The Costs of Public Disclosure of FISA Requests

issues

April 2019 | Vol. 87, No. 5

Colloquium

Colloquium: The Varied Roles, Regulation, and Professional Responsibilities of Government Lawyers

Institutional Independence: Lawyers and the Administrative State

issues

March 2019 | Vol. 87, No. 4

Notes

The Courier Conundrum: The High Costs of Prosecuting Low-Level Drug Couriers and What We Can Do About Them

issues

April 2018 | Vol. 86, No. 5

Articles

Why Limits on Contributions to Super PACS Should Survive Citizens United

issues

October 2017 | Vol. 86, No. 1

Articles

Bathroom Laws as Status Crimes

issues

April 2017 | Vol. 85, No. 5

Colloquium

Restraining Lawyers: From “Cases” to “Tasks”

issues

May 2016 | Vol. 84, No. 6

Articles

A Copyright Right of Publicity

issues

April 2015 | Vol. 83, No. 5

Notes

Ban the Box: A Call to the Federal Government to Recognize a New Form of Employment Discrimination

issues

May 2014 | Vol. 82, No. 6

Articles

Federal Enforcement of Police Reform

issues

April 2014 | Vol. 82, No. 5

Symposium

Citizenship, Immigration, and National Security After 9/11

The NSA in Global Perspective: Surveillance, Human Rights, and International Counterterrorism

issues

March 2014 | Vol. 82, No. 4

Notes

Conceptualizing and Reconceptualizing the Reporter’s Privilege in the Age of Wikileaks

issues

March 2013 | Vol. 81, No. 4

Lectures

Reed Lecture Series

Enter the Order, Protect the Privilege: Considerations for Courts Entering Protective Orders Under Federal Rule of Evidence 502(D)

issues

December 2011 | Vol. 80, No. 3

Symposium

The Social Function of Property: A Comparative Perspective

The Social Function of Property and the Human Capacity to Flourish

issues

March 2009 | Vol. 77, No. 4

Symposium

Lawyering at the Extremes: The Representation of Tom Mooney, 1916-1939

issues

October 2008 | Vol. 77, No. 1

Notes

Reconciling Morse with Bradenburg

issues

May 2006 | Vol. 74, No. 6

Comments

Johnson v. California and the Initial Assessment of Batson Claims

issues

December 2005 | Vol. 74, No. 3

Colloquium

A Model of Time-Inconsistent Misconduct: The Case of Lawyer Misconduct

issues

December 2005 | Vol. 74, No. 3

Colloquium

Occupation Code 541110: Lawyers, Self-Regulation, and the Idea of a Profession

issues

October 2006 | Vol. 75, No. 1

Articles

Principles of U.S. Family Law

issues

December 2005 | Vol. 74, No. 3

Colloquium

The Discrete Roles of General Counsel

issues

November 2005 | Vol. 74, No. 2

Symposium

Law and the Information Society

Fourth Amendment Codification and Professor Kerr’s Misguided Call for Judicial Deference

issues

March 2006 | Vol. 74, No. 4

Symposium

The Jurisprudence of Justice Stevens

Backward-Looking Laws and Equal Protection: The Case of Black Reparations

issues

November 2005 | Vol. 74, No. 2

Notes

Protecting Online Auction Sites from the Contributory Trademark Liability Storm: A Legislative Solution to the Tiffany Inc. v. EBay Inc. Problem

issues

November 2005 | Vol. 74, No. 2

Notes

Broadcast Indecency Regulation in the Era of the “Wardrobe Malfunction”: Has the FCC Grown Too Big for Its Britches?

issues

November 2005 | Vol. 74, No. 2

Notes

It’s the Prosecution’s Story, but They’re Not Sticking to It: Applying Harmless Error and Judicial Estoppel to Exculpatory Post-conviction DNA Testing Cases

issues

October 2005 | Vol. 74, No. 1

Notes

See no Evil, Hear no Evil, Don’t Get Sued: Should a Private Cause of Action Exist for a Violation of NASD Conduct Rule 3010?

issues

November 2004 | Vol. 73, No. 2

Symposium

Don’t Know Much About History, Politics, or Theory: A Comment

issues

November 2003 | Vol. 72, No. 2

Symposium

Integrity in the Law: In Honor of John D. Feerick

Integrity in Government

issues

April 2002 | Vol. 70, No. 5

Colloquium

Constructing the Practices of Accountability and Professionalism: A Comment on In the Interests of Justice.

issues

December 2000 | Vol. 69, No. 3

Symposium

Telling Stories in School: Using Case Studies and Stories to Teach Legal Ethics

Irrationality and Cognitive Bias at a Closing in Arthur Solmssen’s <em?The Comfort Letter

issues

April 2001 | Vol. 69, No. 5

Symposium

The Constitution and the Good Society

The Constitutional Theory of the Commercial Republic

issues

May 2010 | Vol. 78, No. 6

Comments

New York: The Next Mecca for Judgement Creditors? An Analysis of Koehler v. Bank of Bermuda Ltd.

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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