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Articles 1 - 7 of 7
Full-Text Articles in Law
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.
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 …
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 …