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Articles 1 - 4 of 4
Full-Text Articles in Law
"Wrong But Reasonable": The Fourth Amendment Particularity Requirement After United States V. Leon, Martha Applebaum
"Wrong But Reasonable": The Fourth Amendment Particularity Requirement After United States V. Leon, Martha Applebaum
Fordham Urban Law Journal
This Note analyzes the application of the good-faith exception to search warrant particularity violations under the Fourth Amendment. The question compelled by United States v. Leon and Massachusetts v. Sheppard is when, if ever, a particularity-defective warrant will sustain an officer's "reasonable reliance.'' The Note briefly discusses how "particularity" traditionally has been assessed under the fourth amendment. The author examines the Supreme Court's holding in Massachusetts v. Sheppard, and contrasts several circuit court cases that have applied Sheppard's "objectively reasonable" standard of good faith to warrants involving particularity defects. Finally, the Note concludes that the approach taken by the Second …
A Proposal To Use A "Knowing And Voluntary" Standard To Evaluate The "Voluntariness" Of Early Retirement Incentives, Lisa E. Meyer
A Proposal To Use A "Knowing And Voluntary" Standard To Evaluate The "Voluntariness" Of Early Retirement Incentives, Lisa E. Meyer
Fordham Urban Law Journal
The Note argues that a standard is needed to judge the "voluntariness" of early retirement incentives under the Age Discrimination in Employment Act. It examines the need for clear guidelines to evaluate the voluntariness of early retirement incentives in light of their increasing use in a society that is growing older and retiring earlier. The author discusses the aims and prohibitions of ADEA, and the procedure by which plaintiffs can establish a prima facie case of age discrimination. The author proposes that the "knowing and voluntary" standard used to determine the validity of common law releases of duty serves as …
New York's Impeachment Law And The Trial Of Governor Sulzer: A Case For Reform, John Dunne, Michael Balboni
New York's Impeachment Law And The Trial Of Governor Sulzer: A Case For Reform, John Dunne, Michael Balboni
Fordham Urban Law Journal
This article contains a historical overview of New York's impeachment law reaching back to the 18th century. It covers the 1913 impeachment case of New York Governor William Sulzer, and concludes that New York's impeachment law is unworkable because it does not contain adequate safeguards to protect against legislative abuse. This article criticizes New York impeachment law for its lack of transparency in enumerating impeachable offenses, and makes recommendations concerning amendments to the impeachment law.
Private Clubs And Employment Discrimination: Does Federal Law Apply?, Elyse Hilton
Private Clubs And Employment Discrimination: Does Federal Law Apply?, Elyse Hilton
Fordham Urban Law Journal
This Note examines the general history and function of Title VII and section 1981 of the civil rights law. The author discusses the problems inherent in defining an organization as a private club, for purposes of employment non-discrimination efforts. The Note examines statutory construction and legislative history, as well as case law to assess arguments as to whether Title VII impliedly amends section 1981 with respect to the private club exemption. The author argues that membership discrimination cases in the case law differ radically from employment discrimination cases, which address entirely different sets of rights. The argument concludes therefore that …