Author

Timothy W. Schubert

issues

November 2023 | Vol. 92, No. 2

Symposium

Unitary Executive: History, Practice, Predictions

Expert Knowledge, Democratic Accountability, and the Unitary Executive

issues

March 2022 | Vol. 90, No. 4

Notes

School Closures and Parental Control: Reinterpreting the Scope and Protection of Parents’ Due Process Right to Direct Their Children’s Education

issues

March 2021 | Vol. 89, No. 4

Colloquium

Playing by the Rule: How ABA Model Rule 8.4(G) Can Regulate Jury Exclusion

issues

December 2019 | Vol. 88, No. 3

Notes

How to Explain to Your Twins Why Only One Can Be American: The Right to Citizenship of Children Born to Same-Sex Couples Through Assisted Reproductive Technology

issues

November 2018 | Vol. 87, No. 2

Articles

Auer Deference: Doubling Down on Delegation’s Defects

issues

November 2017 | Vol. 86, No. 2

Notes

Reevaluating the Computer Fraud and Abuse Act: Amending the Statute to Explicitly Address the Cloud

issues

November 2016 | Vol. 85, No. 2

Symposium

Criminal Behavior and the Brain: When Law and Neuroscience Collide

A Perspective on the Potential Role of Neuroscience in the Court

issues

November 2015 | Vol. 84, No. 2

Articles

Fourth Amendment Fiduciaries

issues

October 2014 | Vol. 83, No. 1

Notes

Fighting a Losing Battle to Win the War: Can States Combat Domestic Minor Sex Trafficking Despite CDA Preemption?

issues

December 2013 | Vol. 82, No. 3

Notes

9(b) or Not 9(b)? That Is the Question: How To Plead Negligent Misrepresentation in the Post-Twombly Era

issues

December 2013 | Vol. 82, No. 3

Notes

A Game Changer? The Impact of Padilla v. Kentucky on the Collateral Consequences Rule and Ineffective Assistance of Counsel Claims

issues

December 2013 | Vol. 82, No. 3

Notes

Agency Settlement Reviewability

issues

December 2013 | Vol. 82, No. 3

Notes

The High Cost of Child Support in Rape Cases: Finding an Evidentiary Standard To Protect Mother and Child from Welfare’s Cooperation Requirement

issues

December 2013 | Vol. 82, No. 3

Notes

This Space Intentionally Left Blank: What To Do When Hearsay and Rule 106 Completeness Collide

issues

December 2013 | Vol. 82, No. 3

Notes

The Flawed Explicit Safety Net: How Federally Sponsored Deposit Insurance Contributes to Financial Crisis

issues

December 2013 | Vol. 82, No. 3

Articles

Neutral No More: Secondary Effects Analysis and the Quiet Demise of the Content-Neutrality Test

issues

December 2013 | Vol. 82, No. 3

Articles

Restricting Testamentary Freedom: Ex Ante Versus Ex Post Justifications

issues

November 2013 | Vol. 82, No. 2

Symposium

The New Originalism in Constitutional Law

The Gravitational Force of Originalism

issues

May 2013 | Vol. 81, No. 6

Notes

You Must Be This Qualified to Offer an Opinion: Permitting Law Enforcement Officers to Testify as Laypersons Under Federal Rule of Evidence 701

issues

April 2007 | Vol. 75, No. 5

Notes

Interpreting Congressional Silence: CAFA’s Jurisdictional Burden of Proof in Post-removal Remand Proceedings

issues

March 2009 | Vol. 77, No. 4

Symposium

True Confessions About the Role of Lawyers in a Democracy

issues

November 2007 | Vol. 76, No. 2

Articles

Protecting Newly Discovered Antiquities: Thinking Outside the ‘Fee Simple’ Box

issues

December 2007 | Vol. 76, No. 3

Symposium

Ethics and Evidence

Are Evidence-Related Ethics Provisions “Law”?

issues

November 2006 | Vol. 75, No. 2

Symposium

A New Constitutional Order?

Restoring the Lost Constitution, Not the Constitution in Exile

issues

November 2005 | Vol. 74, No. 2

Symposium

Law and the Information Society

Intellectual Property, Trade & Development: The State of Play

issues

March 2005 | Vol. 73, No. 4

Notes

Giving the Barking Dog a Bite: Challenging Felon Disenfranchisement Under the Voting Rights Act of 1965

issues

December 2002 | Vol. 71, No. 3

Symposium

A Tribute to Professor Joseph M. Perillo

Consenting to Form Contracts

issues

December 2002 | Vol. 71, No. 3

Symposium

A Tribute to Professor Joseph M. Perillo

The Duty to Rescue in Contract Law

issues

April 2001 | Vol. 69, No. 5

Symposium

The Constitution and the Good Society

The Right to Liberty in a Good Society

issues

April 2002 | Vol. 70, No. 5

Colloquium

Five Lessons For Practicing Law in the Interests of Justice.

issues

March 2001 | Vol. 69, No. 4

Articles

Protecting Privacy with Deceptive Trade Practices Legislation

issues

Articles

Protecting Privacy with Deceptive Trade Practices Legislation

issues

May 2011 | Vol. 79, No. 6

Symposium

Presidential Influence Over Administrative Action

Obama’s “Czars” for Domestic Policy and the Law of the White House Staff

issues

April 2010 | Vol. 78, No. 5

Notes

The Rocky Path for Private Directors General: Procedural, Politics, and the Uncertain Future of EU Antitrust Damages Actions

issues

April 2010 | Vol. 78, No. 5

Notes

The Rule 10b-5 Suit: Loss Causation Pleading Standards in Private Securities Fraud Claims After Dura Pharmaceuticals, Inc. v. Broudo

issues

April 2010 | Vol. 78, No. 5

Notes

Lightening the Load: Whether the Burden of Proof for Overcoming a Patent’s Presumption of Validity Should be Lowered

issues

April 2010 | Vol. 78, No. 5

Notes

Who is Secure?: A Framework for Arizona v. Gant

issues

April 2010 | Vol. 78, No. 5

Notes

Getting a Fix on Cocaine Sentencing Policy: Reforming the Sentencing Scheme of the Anti-Drug Abuse Act of 1986

issues

April 2010 | Vol. 78, No. 5

Articles

Skeptical Internationalism: A Study of Whether International Law is Law

issues

April 2010 | Vol. 78, No. 5

Symposium

The Economic Downturn and the Legal Profession

The Transformation of Large Law Firm Organization and Structure: Team of Rivals? Toward a New Model of the Corporate Attorney-Client Relationship

issues

May 2010 | Vol. 78, No. 6

Symposium

Notes from the New World: The Future of the Internet

The Theory of Generativity

issues

December 2009 | Vol. 78, No. 3

Symposium

Against Settlement: Twenty-Five Years Later

Revisiting Against Settlement: Some Reflections on Dispute Resolution and Public Values

issues

May 2010 | Vol. 78, No. 6

Symposium

Notes from the New World: The Future of the Internet

The Fourth Quadrant

issues

November 2009 | Vol. 78, No. 2

Lectures

Report of Subcommittee 3: Addressing Inadequate Representation: Regulating Immigration Legal Service Providers: Inadequate Representation and Notario Fraud

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

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

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

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

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

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

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

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

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

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