Author: Fordham Law Review


Fordham Law Review, Volume 78 Number 5 (April 2010)


Volume 78 April 2010 Number 5


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

Glass Ceilings and Dead Ends: Professional
Ideologies, Gender Stereotypes, and the
Future of Women Lawyers at Large Law Firms

Eli Wald

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

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Fordham Law Review Symposium on April 16 & 17: The Adequacy of the Presidential Succession System in the 21st Century


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.

Friday, April 16 from 9:30 to 5:00 and Saturday, April 17 from 9:30 to 1:00
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.


Fordham Law Review, Volume 78 Number 4 (March 2010)


Volume 78

March 2010

Number 4


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


Reducing Information Gaps To Reduce the Tax Gap:
When Is Information Reporting Warranted?

Leandra Lederman


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


Fordham Law Review, Volume 78 Number 3 (December 2009)


Volume 78

December 2009

Number 3


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


What Owners Want and Governments Do:
Evidence from the Oregon Experiment

Bethany R. Berger


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Fordham Law Review, Volume 78 Number 2 (November 2009)


Volume 78

November 2009

Number 2


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

Claudia Slovinsky

The Immigration Representation Project:
Meeting the Critical Needs of Low-Wage and
Indigent New Yorkers Facing Removal

Jojo Annobil

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


A View from the Immigration Bench
Hon. Noel Brennan


Representation for Immigrants:
A Judge’s Personal Perspective

Hon. Denny Chin


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

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Fordham Law Review, Volume 78 Number 1 (October 2009)


Volume 78

October 2009

Number 1


Sanctions in Electronic Discovery Cases: Views from the Judges
Panel Discussion


A Matter of Context: Social Framework Evidence in Employment Discrimination Class Actions
Melissa Hart & Paul M. Secunda


Toward a Duty-Based Theory of Executive Power
David M. Driesen


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


Fordham Law Review, Volume 77 Number 6 (May 2009)


Volume 77

May 2009

Number 6


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


Combat Veterans, Mental Health Issues, and the Death Penalty: Addressing the Impact of Posttraumatic Stress Disorder and Traumatic Brain Injury
Anthony E. Giardino


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


Fordham Law Review, Issue 76:5 (April 2008)


Fordham Law Review, Issue 76:5 (April 2008)

(Contents of past issues are available at our website)


Melissa B. Jacoby, Home Ownership Risk Beyond a Subprime Crisis: The Role of Delinquency Management, 76 Fordham L. Rev. 2261 (2008).


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).


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).


Fordham Law Review, Issue 76:4 (March 2008)


Fordham Law Review, Issue 76:4 (March 2008)

(Contents of past issues are available at our website)


Judith S. Kaye & Anne C. Reddy, The Progress of Women Lawyers at Big Firms: Steadied or Simply Studied?, 76 Fordham L. Rev. 1941 (2008).


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).


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).


Fordham Law Review, Issue 76:2 (November 2007)


Fordham Law Review, Issue 76:2 (November 2007)

(Contents of past issues are available at our website)


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).

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