Two Fordham Law alums, NY state Senator Alessandra Biaggi ’12, and NY state Assemblywoman Aravella Simotas ’02, drafted and successfully pushed through legislation that provides the most comprehensive protection against workplace harassment to date. As reported by Bloomberg Law, the legislation was signed into law by Governor Cuomo on Aug. 12 and will no longer require conduct to be considered “severe or pervasive” for it to be challenged in court and will extend the statute of limitations for claims filed from one to three years. New York is the third state, following California and Delaware, to pass sexual harassment legislation in the…
Author: Newsroom
In his latest New York Law Journal Ethics and Criminal Practice column, Adjunct Professor Joel Cohen poses moral and ethical questions about what actions prosecution offices and prosecuting attorneys should take to correct past justice system failures. Should a prosecutor—any prosecutor—faced with a confession years later by one who credibly claimed he acted alone, publicly stick to his or her guns about the case, even after their own office has investigated and determined that the convictions should be vacated? Even if that prosecutor still personally believed in the defendants’ guilt? Stroud and Fairstein are two ends of the spectrum for…
Professor John Pfaff’s research was cited in a Slate article about opposition to the Second Look Act of 2019 by U.S. attorney for the District of Columbia, Jessie K. Liu. On Friday, the U.S. attorney for the District of Columbia, Jessie K. Liu, issued a press release suggesting that the reform D.C. is now considering would let loose hundreds of “violent criminals” on the streets of D.C. The press release encouraged district residents to contact the bill’s sponsor and oppose it. The bill that Liu, a Donald Trump appointee, attacked is the Second Look Act of 2019. This legislation marks another effort…
Professor Olivier Sylvain talked to The Hill about an executive order being considered by the Trump administration that would push the Federal Communications Commission and Federal Trade Commission to police the decisions that social media companies make regarding content censorship. But Trump’s attacks on Silicon Valley echo those of other Republicans who have advocated an aggressive assault on the social media world and on its legal protections. The suspicions of anti-conservative bias have propelled many in the GOP to call for amending, or even gutting, a law known as Section 230 of the Communications Decency Act. That law gives websites…
The American Bar Association profiled the panel discussion titled, “Risky Business: The Mueller Minefield and Ethical Dilemmas for Lawyers Involved in Government Investigations,” held at its national conference on August 9 and moderated by Fordham Law professor Bruce Green. Chicago-based attorney Jill Wine-Banks has a unique perspective to view these turbulent times. Nearly a half century ago, she served as a Watergate assistant special prosecutor and now provides legal analysis and commentary for MSNBC on investigations related to President Donald Trump. But there is a big difference, Wine-Banks said Friday, Aug. 9, at a panel at the ABA Annual Meeting…
On August 6, the Legal English Institute (LEI) at Fordham Law School welcomed 21 new participants, lawyers and law students from 12 countries around the world: Albania, Brazil, China, Denmark, Dominican Republic, Israel, Italy, Norway, Russia, Saudi Arabia, Spain, and Switzerland. This semester-long program introduces participants to the U.S. legal system, the fundamentals of U.S. law, and practical lawyering skills while helping to enhance legal English proficiency. The following courses comprise the LEI curriculum: Introduction to the U.S. Legal System and Law Study Foundations of Private Law Contract Drafting and Negotiation Fundamental Lawyering Skills Becoming a Lawyer Communication Pragmatics for…
Professor Rebecca Kysar’s article Unraveling the Tax Treaty published by the Minnesota Law Review was recognized in the Wealth Strategies Journal. Abstract Coordination among nations over the taxation of international transactions rests on a network of some 2,000 bilateral double tax treaties. The double tax treaty is, in many ways, the roots of the international system of taxation. That system, however, is in upheaval in the face of globalization, technological advances, taxpayer abuse, and shifting political tides. In the academic literature, however, scrutiny of tax treaties is largely confined to the albeit important question of whether tax treaties are beneficial…
Professor Karen Greenberg contributed to an article published in CBC News about how law enforcement should treat domestic attacks under federal law. That gap in federal law has been the subject of intense debate about how American law enforcement treats homegrown attacks as compared to overseas actions, and if the two should be considered equal. Proponents of attaching a federal penalty to domestic actions say it would give law enforcement a clear mandate to act and prevent these types of crimes. Opponents say federal agencies already have the tools they need, and a crackdown could lead to the same types…
Professor Mark Conrad provided his thoughts for a Law360 article on recent legislation aimed at increasing Congressional oversight over the committee that governs U.S. Olympic teams. The Empowering Olympic and Amateur Athletes Act of 2019 would allow Congress to pass a “joint resolution” to dissolve the board of directors of the U.S. Olympic & Paralympic Committee and revoke the certification of an individual Olympic sport national governing body if lawmakers believe they are not upholding duties to promote Olympic sports and the safety of athletes. The law would further require the USOPC to provide $20 million in annual funding to the U.S.…
Professor Rebecca Kysar wrote an article published in the University of Pennsylvania Law Review that discusses “dynamic legislation,” an approach to overcoming barriers to passing new legislation. Abstract To overcome congressional gridlock, lawmakers have developed devices that, under certain conditions, provide easier paths to policy change. Procedural mechanisms may eliminate the threat of filibuster and other barriers to legislating. Laws may prompt Congress to act through sunset dates, penalties like sequestration, or other undesirable policy outcomes. Alternatively, the legislative product itself may spontaneously update without further action by Congress, a category I label “dynamic legislation.” For instance, during consideration of…