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Full-Text Articles in Law
Out With The New, In With The Old: The Importance Of Section 504 Of The Rehabilitation Act To Prisoners With Disabilities, Betsy Ginsberg
Out With The New, In With The Old: The Importance Of Section 504 Of The Rehabilitation Act To Prisoners With Disabilities, Betsy Ginsberg
Fordham Urban Law Journal
People with disabilities are all too well represented in America’s prisons and are frequently not provided with the accommodations necessary to ensure their full participation in prison life. The Supreme Court’s 1997 pronouncement that Title II of the ADA applies to their claims of failure to accommodate and disability-based discrimination has been making its way through the prison grapevine (and hopefully the prison law libraries) over the last dozen years, inspiring prisoners, their advocates and the federal government to use this broad civil rights statute to enforce these rights. Their efforts have been thwarted to some extent by the states’ …
The Betrayal Of Mcmahon, Constantine N. Katsoris
The Betrayal Of Mcmahon, Constantine N. Katsoris
Fordham Urban Law Journal
There is controversy over awarding punitive damages by arbitration in securities disputes. Securities disputes are unique because the vast majority of such disputes are filed at Self Regulatory Organizations (“SROs”) which are subject to SEC oversight. However, other securities disputes are filed at the American Arbitration Association (“AAA”), which is not subject to SEC oversight. As a result differing rules evolved for SRO arbitrations than those applicable at the AAA. No SRO rule directly authorized punitive damages but section 31(d) of the Uniform Code of Arbitration prohibits limiting the ability of arbitrators to make any award. Whereas a AAA rule …
Can Punitive Damages Withstand A Due Process Challenge After Bankers Life & Casualty Co. V. Crenshaw And Browning-Ferris Industries Of Vermont V. Kelco Disposal?, Sanjit S. Shah
Fordham Urban Law Journal
This Note will consider whether punitive damages can withstand a constitutional challenge brought under the Due Process Clause of the fourteenth amendment. Part II of the Note examines how courts have resolved procedural due process and traditional vagueness challenges to exemplary damage awards. This section also discusses Justice O'Connor's approach to the vagueness doctrine, and the possibility that substantive due process may affect jury discretion to award punitive damages. Part III discusses why punitive damages do not violate the Due Process Clause. This Note concludes that punitive damages are not unconstitutional on procedural due process, fundamental fairness, or traditional vagueness …