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Articles 1 - 9 of 9
Full-Text Articles in Entire DC Network
Warrantless Container Searches Under The Automobile And Search Incident Exceptions, Jody Cosgrove
Warrantless Container Searches Under The Automobile And Search Incident Exceptions, Jody Cosgrove
Fordham Urban Law Journal
Warrantless searches of containers had historically been sustained under the exceptions to the fourth amendment protections developed for cases where exigent circumstances require immediate action. The Supreme Court of the United States then limited warantless container searches in United States v. Chadwick and Arkansas v. Sanders but these limitations were subject to various interpretations by the lower courts. This Note examines the various interpretations of these conflicts and their areas of conflict. It then argues for a strict interpretation of the Supreme Court limitations which is more consistent with the traditional exceptions to the fourth amendment's protections against unreasonable searches …
National League Of Cities And The Parker Doctrine: The Status Of State Sovereignty Under The Commerce Clause, Stephen G. Rooney
National League Of Cities And The Parker Doctrine: The Status Of State Sovereignty Under The Commerce Clause, Stephen G. Rooney
Fordham Urban Law Journal
This comment aims to convey a clear definition of the Supreme Court's views on federalism and state sovereignty. It argues that the Court has recently used antitrust cases and doctrines to establish state sovereignty as a limit to federal commerce power. This comment looks to both the doctrine created by the U.S. Supreme Court in the antitrust case Parker v. Brown and the Court's decision in National League of Cities v. Usery to clarify the role of state sovereignty in the face federal commerce power. It compares these two views of state sovereignty in order to develop a better understanding …
The Mortgage Subsidy Bond Tax Act Of 1979: An Unwarranted Attack On State Sovereignty, John J. Keohane
The Mortgage Subsidy Bond Tax Act Of 1979: An Unwarranted Attack On State Sovereignty, John J. Keohane
Fordham Urban Law Journal
This Article examines the constitutionality of repealing the tax exempt status of interest accrued on bonds issued by states and municipalities. It concludes that repealing this tax exemption is unconstitutional, as it would encroach on state's sovereignty inherently protected by the constitution.
The Constitutionality Of Public School Financing Laws: Judicial And Legislative Interaction, Bruce Gitlin
The Constitutionality Of Public School Financing Laws: Judicial And Legislative Interaction, Bruce Gitlin
Fordham Urban Law Journal
This Note looks at the various ways states fund public education. Then the Note examines the how the U.S. Supreme Court's decision of Board of Education v. Nyquist impacts how states fund public education. Finally, the Note argues that the U.S. Supreme Court should expand, rather than contract, the options available for states to fund public education.
Selective Use Of The Executive Immunity Power: A Denial Of Due Process?, Howard Schwartz
Selective Use Of The Executive Immunity Power: A Denial Of Due Process?, Howard Schwartz
Fordham Urban Law Journal
Attacks on the government's power to grant immunity to cooperative witnesses have been premised on several grounds, including the due process clause of the fifth amendment. It is upon this clause that the United States District Court of the Southern District of New York based a decision that a defendant was denied due process when the government refused to immunize him after granting immunization to its own witnesses. This article examines traditional arguments against challenging a prosecutor's immunity discretion, the procedural and substantive factors necessary in substantiating a defendant's due process claim, and the effect of immunization on the government's …
The Application Of New York's Driving While Intoxicated Statute, Elizabeth Gross
The Application Of New York's Driving While Intoxicated Statute, Elizabeth Gross
Fordham Urban Law Journal
This Note analyzes the constitutional issues raised by section 1192 of New York State's Vehicle and Traffic Law. The argument it addresses is that the statute is unconstitutionally vague as it does not define the words "impaired" and "intoxicated." The lack of definition is especially keen where, because of the absence of chemical tests, the courts must decide intoxication cases on objective criteria. The Note then sets forth the major elements necessary for a conviction under the statute with the purpose of clarifying the distinction between intoxication and impairment.
Regulation Of Advertising And Promotional Pracitces Of Public Utilities Under The First Amendment, Thomas G. Carulli
Regulation Of Advertising And Promotional Pracitces Of Public Utilities Under The First Amendment, Thomas G. Carulli
Fordham Urban Law Journal
This Note examines the first amendment right of public utility corporations in light of the recent restrictions imposed on how these corporations communicate with their subscribers and the public in general. Specifically, this Note will focus "on the regulations promulgated by the New York Public Service Commission which prohibited the use of bill inserts on controversial matters of public policy and banned all promotional advertising by public utility corporations."
The Essential Governmental Function After National League Of Cities: Impact Of An Essentiality Test On Commuter Rail Transportation , Sharon A. Souther
The Essential Governmental Function After National League Of Cities: Impact Of An Essentiality Test On Commuter Rail Transportation , Sharon A. Souther
Fordham Urban Law Journal
The Supreme Court of the United States held in National League of Cities v. Usery that Congress had exceeded its powers under the commerce clause by enacting the 1974 amendment to the Fair Labor Standards Act. The reasoning behind the decision was that Congress was prohibited from using the commerce clause in areas which states were considered to be performing an essential government function. Because the Supreme Court did not explain precisely what is considered an essential government function, courts have been forced to make case-by-case determinations in deciding these types of cases. One area were these issues are brought …
A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green
A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green
Faculty Scholarship
The sixth amendment provides that in all criminal prosecutions the accused shall enjoy the right "to have the Assistance of Counsel for his defence." The Supreme Court has construed this clause to guarantee to criminal defendants the "effective" assistance of counsel performing within a minimum standard of competency. Prevalent lower court interpretations of the right. to effective assistance require a showing that counsel's inadequate performance caused actual prejudice to the defendant's interest in obtaining an acquittal. Because most defendants are unable to demonstrate the actual impact upon the outcome of their trial of an attorney's departure from normal competency, courts …