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Articles 1 - 8 of 8
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A Unified Theory Of The First Amendment:, Mark S. Nadel
A Unified Theory Of The First Amendment:, Mark S. Nadel
Fordham Urban Law Journal
The Supreme Court presently permits reasonable regulation of access in the broadcasting media; it nevertheless allows print publishers to foreclose such access. Although this approach has been praised by some, and a doctrine can only survive if there is a clear distinction between the print and broadcast media. In today's rapidly developing communications industry, the distinction between these converging media is unstable and inadequate. The increasing significance of cable television in particular has created a pressing need to replace the fragile double standard with a unified, all encompassing theory. This Article proposes such a unified theory after first drawing the …
First Amendment Challenges To Landmark Preservation Statutes, Stephen M. Watson
First Amendment Challenges To Landmark Preservation Statutes, Stephen M. Watson
Fordham Urban Law Journal
The Interfaith Commission, religious leaders deeply concerned with the problems associated with the landmarking of religious properties, have recognized that the prohibition against demolition or alteration of landmarked religious properties effectively destroys their value. Additionally, the religious organizations are required to expend thousands of dollars of religious contributions to maintain these landmarks for the public benefit, in accordance with the regulations of the Landmarks Commission. This Comment focuses on the constitutionality of landmark preservation statutes as applied to religious properties. Using New York City as a model, this Comment examines the myriad problems presented by the landmarking of religious properties. …
Accomodation Of Reputational Interests And Free Press: A Call For A Strict Interpretation Of Gertz, Tom Wall
Accomodation Of Reputational Interests And Free Press: A Call For A Strict Interpretation Of Gertz, Tom Wall
Fordham Urban Law Journal
New York Times Co. v. Sullivan provides that states may award damages in defamation actions brought by public officials against media critics of their official conduct only if the plaintiff proves that the defendant acted with "actual malice." Subsequently, the Supreme Court extended this rule to public figures and promulgated standards for identifying public figures. The Court declared unconstitutional the common law standard of strict liability in actions brought by private individuals. Establishing negligence as a constitutional minimum, the Court delegated to the states the responsibility for formulating the proper standard of fault in actions brought by private individuals. This …
The Rights Of Probationary Federal Employee Whistleblowers Since The Enactment Of The Civil Service Reform Act Of 1978, Benjamin C. Indig
The Rights Of Probationary Federal Employee Whistleblowers Since The Enactment Of The Civil Service Reform Act Of 1978, Benjamin C. Indig
Fordham Urban Law Journal
This Comment focuses on the rights, since the passage of the Civil Service Reform Act of 1978 (CSRA), of the probationary employee who exposes fraud and mismanagement in the federal government. It reviews the rights granted by the CSRA, as well as non-CSRA rights granted under the Privacy Act, and under the first and fifth amendments of the Constitution, including the right to sue one's supervisor in a Bivens action. Non-CSRA rights are particularly important to the whistleblower who is a probationer. The Comment concludes that the CSRA does encourage probationers, to an extent, to expose fraud and wrongdoing in …
A Survey Of Constitutional Challenges To Municipal Regulation Of Religious Solicitation And A Suggested Legislative Compromise, Audrey Peltz
A Survey Of Constitutional Challenges To Municipal Regulation Of Religious Solicitation And A Suggested Legislative Compromise, Audrey Peltz
Fordham Urban Law Journal
Solicitation can often be a source of annoyance to the general public. Therefore, municipalities have passed a variety of ordinances to regulate solicitation. However, solicitation encompasses various forms of speech interests. For this reason, ordinances have given rise to massive litigation, involving challenges under the First and Fourteenth Amendment, particularly for religious solicitation. The recent increases in challenges to municipal regulation of religious solicitation indicates a need for legislation which will survive judicial scrutiny. This Comment details the legislative and judicial history of religious solicitation, and provides a model ordinance by which municipalities can regulate religious solicitation to afford maximum …
Systematic Exclusion Of Cognizable Groups By Use Of Peremptory Challenges, Stephen W. Dicker
Systematic Exclusion Of Cognizable Groups By Use Of Peremptory Challenges, Stephen W. Dicker
Fordham Urban Law Journal
An integral part of the jury selection process is the individual challenge, where a party has the privilege to remove potentially biased jurors. There are two forms of the individual challenge: for cause and peremptory. For cause challenges must be based on a legally provable bias, whereas peremptory challenges may be used to remove jurors who possess a bias peculiar to the immediate case, but whose bias is not articulable in terms of a challenge for cause. Given the vague underpinnings and potential abuses of the peremptory challenge, legislatures enforce a limitation on the number of such challenges a party …
The Effective Assistance Of Counsel: Chance Or Guarantee?, Joanne Legano
The Effective Assistance Of Counsel: Chance Or Guarantee?, Joanne Legano
Fordham Urban Law Journal
This Comment reviews the historical development of the right to effective assistance of counsel for criminal defendants as defined by the Supreme Court, and discusses the various standards applied by lower federal courts. This Comment next examines United States v. Decoster, which provides the most comprehensive judicial analysis of the right to effective assistance of counsel at this juncture in time. The standards applied by the New York State courts are also analyzed. Finally, the author recommends uniform guidelines for evaluating claims of ineffective assistance of counsel.
Disenfranchisement Of The College Student Vote: When A Resident Is Not A Resident, Joseph A. Bollhofer
Disenfranchisement Of The College Student Vote: When A Resident Is Not A Resident, Joseph A. Bollhofer
Fordham Urban Law Journal
The standards used by state and local election officials to determine whether students may vote as residents of the communities in which they attend college vary significantly among the fifty states. Two fundamental rights conflict in determining whether college students should be entitled to vote as residents of their college communities: the right of students to equal protection of the laws and eh right of states to limit the right to vote to bona fide residents. This Comment demonstrates the need for the education of election officials and college students in the common law principles of domicile. Moreover, it will …