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Articles 271 - 288 of 288
Full-Text Articles in Law
Accountability Versus Privacy: The Plight Of Institutionalized Emotionally Disturbed Children, Katherine M. Lordi
Accountability Versus Privacy: The Plight Of Institutionalized Emotionally Disturbed Children, Katherine M. Lordi
Fordham Urban Law Journal
This article examines the an individual's right to privacy in relation to the state's interest in a smoothly-functioning system of mental health care for minors and concludes with some general guidelines for institutional accountability. The articles states that in order to balance the right of an institutionalized patient to be free from unwarranted invasions of privacy with the public's demand for transparency and accountability, two tasks must be confronted: (1) the limits of institutional and managerial accountability must be defined; and (2) the public's need to know must be balanced with a respect for the patient's personal privacy and material …
Constitutional Law - Commercial Speech - Municipal Ordinance Which Prohibits The Display Of "For Sale" And "Sold" Signs On Residential Property In Order To Prevent Panic Selling Is Constitutional, Mary M. Popper
Fordham Urban Law Journal
This case note examines the United States Third Circuit Court of Appeals' decision in Linmark Associates, Inc. v. Township of Willingboro, 535 F.2d 786 (3d Cir.), cert. granted, 97 S. Ct. 351 (1976), upholding the constitutionality of an ordinance prohibiting the display of "for sale" and "sold" signs on residential property. The Third Circuit held that the signs were primarily commercial speech and since neither message contained comment on social policy, political protest, or similar elements of pure speech, the governmental interests forwarded by the ordinance sufficiently outweighed any infringement on first amendment rights. The case note finds that in …
Book Review: The Law Of Obscenity, Edward J. Berbusse, S.J.
Book Review: The Law Of Obscenity, Edward J. Berbusse, S.J.
Fordham Urban Law Journal
Edward J. Berbusse, S.J. reviews The Law of Obscenity by Frederick F. Schauer. Schauer's book provides a historical perspective on obscenity law, tracking developments through several centuries. It begins with a look at obscenity law within the Church during the 16th and moves through civil law in England and up to the present in the United States. The book then explores the Miller v. California decision and the Supreme Court's move to a local standard, rather than national, of obscenity. In addition to the Miller case, Schauer looks at other important decisions which developed the modern body of law focusing …
Towards A Constitutional Right To Counsel In Matrimonial Litigation, Gary R. Matano
Towards A Constitutional Right To Counsel In Matrimonial Litigation, Gary R. Matano
Fordham Urban Law Journal
The marriage institution is the basic unit in the anatomical composition of American society as it exists today. The right to marry and the right to divorce when marriage fails have long been held in the highest esteem by our nation's courts. But some citizens of the State of New York are judicially denied the right to terminate their marriages because they are indigents. The court has denied indigents their requested assignments of counsel when the assistance of counsel was unquestionably necessary for prospective matrimonial litigants. The first problem posed by that holding is that it operates as a virtual …
Restoring The Balance: The Second Amendment Revisited, David I. Caplan
Restoring The Balance: The Second Amendment Revisited, David I. Caplan
Fordham Urban Law Journal
In this article, the Second Amendment is analyzed through a discussion of the history of the right to private arms under English common law, the Second Amendment's legislative history and context, and the United States Supreme Court's decision in United States v. Miller. The articles argues that the private right of keeping arms plays a fundamental role in the constitutional system of checks and balances and that the Second Amendment supports the twin goals of individual and collective defense against violence and aggression. The article concludes that efforts to limit firearms possession to the organized militia undermines these twin goals …
Constitutional Law - Zoning Referenda - Mandatory Referenda On All Municipal Land Use Changes Do Not Violate The Due Process Clause, Beatrice Close
Constitutional Law - Zoning Referenda - Mandatory Referenda On All Municipal Land Use Changes Do Not Violate The Due Process Clause, Beatrice Close
Fordham Urban Law Journal
This case note discusses the United States Supreme Court's decision in City of Eastlake v. Forest City Enterprises, Inc., 96 S. Ct. 2358 (1976), which held that a state's decision to allow mandatory referendums on all municipal land use changes does not violate the due process clause. The case note examines the line of cases, such as Eubanks v. Richmond, 226 U.S. 137 (1912) and Washington ex rel. Seattle Trust Co. v. Roberge, 278 U.S. 116 (1928), that establish the principle that standardless delegations of power to impose restrictions on the property rights of others violated the due process clause …
Infants - Foster Families - Remove Of Foster Children From Foster Homes Without A Prior Hearing Violates Their Constitutional Rights To Procedural Due Process, Andrea G. Iason
Fordham Urban Law Journal
This case note examines the decision of the United States District Court for the Southern District of New York in Organization of Foster Familines for Equality and Reform v. Dumpson, 418 F. Supp. 277 (S.D.N.Y. 1976), which held that the removal of foster children from foster homes in which they had been living for more than one year, without a prior hearing, violated their constitutional rights to procedural due process. The court reaffirmed the concept that a child is a person under the fourteenth amendment with protected interests, such as the preference to live in a certain home, and that …
Unwed Fathers - Adoption - Foster Care Agency Seeking Permission To Consent To Child's Adoption Need Not Always Grant Child's Unwed Father Notice And Opportunity To Be Heard, Michael A. Vaccari
Unwed Fathers - Adoption - Foster Care Agency Seeking Permission To Consent To Child's Adoption Need Not Always Grant Child's Unwed Father Notice And Opportunity To Be Heard, Michael A. Vaccari
Fordham Urban Law Journal
This case note examines the family court's decision in In re Kenneth M., 87 Misc. 2d 295, 383 N.Y.S.2d 1005 (Family Ct. 1976) where the unwed father received neither notice of the pending adoption proceeding nor an opportunity to be heard concerning his child's best interest. The case note discusses the changes in the law as to unwed fathers, through the United States Supreme Court's decision in Stanley v. Illinois, 405 U.S. 645 (1972), holding that all parents were entitled to a hearing on their fitness before their children are removed from their custody and calling for an individualized approach. …
Pre-Trial Detainees Must Be Held Under The Least Restrictive Means Possible To Assure The Detainees' Presence At Trial. Rhem V. Malcolm, 371 F. Supp. 594, Opinion Supplemented, 377 F. Supp. 995 (S.D.N.Y.), Aff'd, 507 F.2d 333 (2d Cir. 1974)., Todd L. Klipp
Fordham Urban Law Journal
Plaintiffs, detainees at the Manhattan House of Detention for Men (MHD), more commonly known as the "Tombs," brought suit for declaratory and injunctive relief against the Commissioner of Corrections of the City of New York, the warden, the mayor, and various state officials. Plaintiffs alleged that the conditions of their detention constituted a denial of their rights under the first, fifth, sixth, eighth, and fourteenth amendments. The United States District Court for the Southern District of New York found unconstitutional conditions did exist and ordered the city to submit a plan within thirty days to remedy the constitutional infirmities. Six …
Placement Of Children In Religiously Affiliated Foster Care Held Not Violative Of Establishment Clause Where State Acts In Loco Parentis To Meet Free Excercise Rights Of Children. Wilder V. Sugarman, 385 F. Supp. 1013 (S.D.N.Y. 1974) (Per Curiam)., Richard F. Nacchio
Fordham Urban Law Journal
The New York State Constitution provides for the assignment of foster children to "an institution or agency governed by persons, or in the custody of a person, of the same religious persuasion as the child." It likewise empowers the state to reimburse foster care institutions for the expense of caring for the children. Plaintiffs, six children for whom guardians were appointed, sought a declaratory judgment that provisions of the New York State Constitution and statutes implementing these constitutional provisions violate the first, eighth, and fourteenth amendments of the United States Constitution. Defendants were public agencies and officials responsible for the …
Television And Radio Commentators' Freedom Of Speech Not Infringed By Dues Requirement Of Union Shop Agreement. Buckley V. American Federation Of Television And Radio Artists, 496 F.2d 305 (2d Cir.), Cert. Denied, 95 S. Ct. 688 (1974)., Edwin M. Ceccarelli
Fordham Urban Law Journal
Plaintiffs, prominent television and radio commentators, were compelled to pay union dues and join the American Federation of Television and Radio Artists (AFTRA) as a condition precedent to their public broadcasts. Plaintiffs sought declaratory and injunctive relief, alleging that this union shop requirement had a "chilling effect" upon the exercise of free speech and thus violated the first amendment. The United States District Court for the Southern District of New York ruled in plaintiffs' favor and declared that any provisions requiring plaintiffs to become members of AFTRA, pay dues, and comply with any regulations incident thereto were void and of …
Constitutional Law- Sixth Amendment- Systematic Exclusion Of Women From Jury Service Violates The Sixth And Fourteenth Amendments. Taylor V. Louisiana, 95 S. Ct. 692 (1975)., Kenneth J. Mulvey Jr.
Constitutional Law- Sixth Amendment- Systematic Exclusion Of Women From Jury Service Violates The Sixth And Fourteenth Amendments. Taylor V. Louisiana, 95 S. Ct. 692 (1975)., Kenneth J. Mulvey Jr.
Fordham Urban Law Journal
Appellant, a male, was convicted in a Louisiana state court of aggravated kidnapping. Prior to his trial, he had moved to quash the petit jury venire on the ground that women had been systematically excluded from it. Under the Louisiana Constitution and criminal procedure statutes, a woman could not be selected for jury service unless she had filed a written declaration with the court clerk of her desire to serve on a jury. The trial court denied appellant's motion. The Supreme Court of Louisiana affirmed, determining that the statutory provisions were "neither irrational nor discriminatory"' and thus did not violate …
Comment: Desegregation -- The Times They Are A-Changin', Larry M. Storm
Comment: Desegregation -- The Times They Are A-Changin', Larry M. Storm
Fordham Urban Law Journal
Courts are currently concerned over the extent of their powers to integrate racially separate housing and schools within metropolitan areas containing black inner cities and white suburbs. This Comment reviews the jurisprudence addressing when it is a proper exercise of a court's equity jurisdiction to fashion a metropolitan or interdistrict remedial order in which the city and its surrounding suburbs are treated as one system. The Comment focuses on the recent Supreme Court decision in Milliken v. Bradley, in which the Court reversed a decision of the Sixth Circuit Court of Appeals which upheld the district court's power to order …
The New Equal Protection- Substantive Due Process Resurrected Under A New Name, Barbara Brenneman
The New Equal Protection- Substantive Due Process Resurrected Under A New Name, Barbara Brenneman
Fordham Urban Law Journal
This Note analyzes the Fifth Circuit's recent decision in David v. Weir, in which a tenant whose water supply was terminated without notice by the City of Atlanta Department of Public Works because of his landlord's failure to pay an outstanding bill, alleged that the Department's termination policy, authorized by city ordinances, and its refusal to contract with the plaintiff until the landlord's debts were paid, violated the equal protection and due process clauses of the United States Constitution. The Fifth Circuit found that the Department's action violated equal protection because it divided applicants for service into two classes: those …
Forfeiture Proceedings -- In Need Of Due Process, Edward Wallace
Forfeiture Proceedings -- In Need Of Due Process, Edward Wallace
Fordham Urban Law Journal
Federal statutes allow the United States government to forfeit the instrumentalities of wrongdoing, meaning "things" such as automobiles. The Supreme Court recently upheld this type of forfeiture of instrumentalities, but did not directly consider the due process questions raised by the federal forfeiture statutes as they are written. This Note analyzes the possible remaining constitutional challenges and concludes that invalidation of the forfeiture statutes by the Court on procedural grounds would present an opportune incentive for legislative reconsideration.
Constitutional Law-Sixth Amendment-Exclusion From Jury Selection Of Residents Of The Judicial District Where A Crime Is Committed Held Unconstitutional As A Denial Of The Right To A Jury From The Vicinage.
Fordham Urban Law Journal
When defendant Leon Jones was arrested, he moved to be transferred to the district where the crimes occured. He asserted that the fourteenth and sixth amendments entitled him to be tried by a jury drawn from this district. Mr. Jones' request was denied and he was convicted. The intermediate appellate court held that a jury drawn from any district within the county satisfied the constitutional requirements but on appeal, the California Supreme Court reversed and held Jones was entitled to a jury from the district where the crime was committed. The court based its opinion on the principle that a …
Constitutional Law-Blockbusting-Antiblockbusting Section Of The Civil Rights Act Of 1968 Held Not Violative Of First Amendment. Finding Of "Group Pattern Or Practice" Does Not Require A Showing Of Conspiracy Or Concerted Action
Fordham Urban Law Journal
An action was brought by the Attorney General against the president of a realty group and four other real estate brokers to enjoin alleged violations of anti-blockbusting provisions of the Fair Housing Act of 1968. Defendants were accused of individually and collectively engaging in a practice to prevent the enjoyment of rights granted by the Fair Housing Act and that a group of persons was denied rights as a result. It was alleged the defendant's agents made unlawful representations to white homeowners concerning changes in the racial composition of their neighborhood in order to induce sales. The trial court found …
Constitutional Law-Equal Protection-Relatives' Responsibility Statutes Do Not Create A "Suspect" Classification Based On Wealth
Fordham Urban Law Journal
This note discusses Swoap v. Superior Court - a case brought by two recipients of aid to the aged and their adult children who challenged the constitutionality of two state statutes. One imposed a general duty of support on the children of parents unable to support themselves. The other gave county officials a cause of action against the children to compel contribution to the public assistance given by the state to the needy parents. The plaintiffs argued this was discrimination based on wealth class. The court concluded that it wasn't discrimination based on wealth but on percentage but why discrimination …