Fordham Urban Law Journal

A bimonthly legal book published by the law school at Fordham University. Each issue focuses on a single topic, and publishes original research, critical pieces, and long-form essays related to that topic.

Articles from Vol. 41, No. 1, November

A Fair Trial: When the Constitution Requires Attorneys to Investigate Their Clients' Brains
ABSTRACT The U.S. Constitution guarantees every criminal defendant the right to a fair trial. This fundamental right includes the right to a defense counsel who provides effective assistance. To be effective, attorneys must sometimes develop specific...
Collateral Damages: How the Smartphone Patent Wars Are Changing the Landscape of Patent Infringement Damages Calculations
ABSTRACT This Note addresses the diverging approaches to patent infringement damages calculations. Judge Alsup of the Ninth Circuit recently took a rare approach and selected Dr. James Kearl to testify as an independent damages expert in Oracle...
Detect, Disrupt, and Detain: Local Law Enforcement's Critical Roles in Combating Homegrown Extremism and the Evolving Terrorist Threat
Introduction I. The Al-Qaeda Threat to the Homeland 2013 A. Al-Qaeda Core B. Affiliates and Allies C. Al-Qaeda Inspired (or Homegrown) II. Radicalization and Detection A. The Radicalization Process B. Online Radicalization III....
From Moscow to Makhachkala: The People in Between
Introduction: Setting the Stage I. The Governance Crisis in Context A. Setting the Stage: Land and People of the Mountains B. The North Caucasus Federal District: Adding Fuel to a Governance Fire 1. Dagestan: All Politics...
Spatial Terrorism
ABSTRACT Terrorism, under federal law, generally means an act of politically or socially motivated violence perpetrated against innocents. Terrorism within the meaning of federal law, in other words, exists only if a cognizable and particular motive...
Strange Bedfellows: How Expanding the Public Safety Exception to Miranda Benefits Counterterrorism Suspects
Introduction I. Miranda, Public Safety, and the Terrorism Interrogation Dilemma II. Miranda and Quarles. Why Public Safety Does Not Always Mean Protecting the Public III. The Indefinite Detention/Military Commission Alternative ...
The Commercial Sexual Exploitation of Minors, the First Amendment, and Freedom: Why Backpage.com Should Be Prevented from Selling America's Children for Sex
Introduction I. The First Amendment and Commercial Sex A. Central Hudson 1. The Central Hudson Test 2. Commercial v. Noncommercial Speech B. Constitutional Authority to Act 1. The Commerce Clause 2. The Communications...
The Recognition Act, Anti-Suit Injunctions, the DJA, and Much More Fun: The Story of the Chevron-Ecuador Litigation and the Resulting Problems of Aggressive Multinational Enforcement Proceedings
Introduction I. Origins of the Chevron-Ecuador Litigation II. Relevant Law A. Recognition of Foreign (Money) Judgments in the United States B. Anti-Suit Injunctions C. The Declaratory Judgment Act D. Ripeness III. Problems...