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Articles 1 - 30 of 38
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 …
Criminal Law - Right To Counsel - Custodial Criminal Defendant May Not Waive Right To Counsel In The Absence Of His Court-Appointed Attorney, Stuart J. Feld
Criminal Law - Right To Counsel - Custodial Criminal Defendant May Not Waive Right To Counsel In The Absence Of His Court-Appointed Attorney, Stuart J. Feld
Fordham Urban Law Journal
This case note examines the New York Court of Appeals' decision in People v. Hobson, 39 N.Y.2d 479, 348 N.E.2d 894, 384 N.Y.S.2d 419 (1976), which held that once a counsel has been engaged in a criminal proceeding a defendant may not waive his right to counsel when his lawyer is not present. The case note discusses the evolution in protection levels afforded defendants in New York as well as in decisions by the United States Supreme Court and suggests that the Hobson decision's impact is enormous as it resurrects two important pro-defendant rules that were previously overruled. The Hobson …
Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr.
Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr.
Fordham Urban Law Journal
In an effort to prevent the spread of businesses specializing in adult entertainment, many cities have utilized zoning ordinances to combat problems in certain neighborhoods. New York City, Boston, and Detroit all have instituted such restrictions. This Note will consider whether the zoning of businesses specializing in adult entertainment is a legitimate exercise of the state's police power, analyzing its potential as a violation of the first amendment and the equal protection clause of the fourteenth amendment. In addition, the Note will examine the validity of using the twenty-first amendment to regulate adult entertainment businesses that serve alcoholic beverages.
Note: Involuntary Retirement Under The Age Discrimination Employment Act: The Bona Fide Employee Benefit Plan Exception, Robert F. Tully
Note: Involuntary Retirement Under The Age Discrimination Employment Act: The Bona Fide Employee Benefit Plan Exception, Robert F. Tully
Fordham Urban Law Journal
The purpose of the Age Discrimination Employment Act (ADEA) is "to promote employment of older persons based on their ability rather than age." ADEA covers workers who are at least forty years of age but less than sixty-five. The setting of these age limits, particularly the lower limit, was the cause of much debate during the formation of the law. After examining the problems of older persons seeking employment, Congress concluded that the unemployment rate for older workers was much higher than for younger workers. It found that the setting of arbitrary age limits had become common within industry and …
Case Note: Criminal Law - Due Process - Statute Proscribing Loitering For The Purpose Of Prostitution Is Not Unconstitutionally Vague, Sayde J. Markowitz
Case Note: Criminal Law - Due Process - Statute Proscribing Loitering For The Purpose Of Prostitution Is Not Unconstitutionally Vague, Sayde J. Markowitz
Fordham Urban Law Journal
In this case note, Sayde J. Markowitz analyzes People v. Smith, 88 Misc. 2d 590, 388 N.Y.S.2d 221 (Crim Ct. 1976), rev'd 393 N.Y.S.2d 229 (App. Div. 1st Dep't 1977). At approximately 2:15 a.m. on July 12, 1976, a police officer observed defendant female converse with two male passersby. Soon thereafter, defendant conversed with a third male with whom she entered a building known to accommodate prostitutes and their clientele. The two left the building a short time later. Defendant Smith was arrested and charged with violating section 240.37 of the New York Penal Law, which prohibits loitering for the …
New York City School Decentralization: The Respective Powers Of The City Board Of Education And The Community School Boards, Kenneth R. Mcgrail
New York City School Decentralization: The Respective Powers Of The City Board Of Education And The Community School Boards, Kenneth R. Mcgrail
Fordham Urban Law Journal
The city of New York constitutes a single school district and the city Board of Education is charged with the general management and control of educational affairs in the city school district. The Board is subject to the plenary powers of the State Board of Regents and the State Commissioner of Education. Local school boards existed within the city school district but functioned largely advisory roles until the State Legislature began restructuring the New York City School District in 1968 and major legislation changed the city district into a decentralized system. The change resulted from the belief that community-base school …
The Health Professions Educational Assistance Act Of 1976: A New Prescription?, John J. Greene
The Health Professions Educational Assistance Act Of 1976: A New Prescription?, John J. Greene
Fordham Urban Law Journal
The 1976 Health Professions Educational Assistance Act is a new congressional effort to promote the rational development, distribution, and utilization of the health professions through financial incentives. The Act represents a compromise solution to the issues affecting the quality, quantity and distribution of health manpower. It targets the four major problems of the current system: (1) the shortage of health professionals; (2) the geographic maldistribution of health manpower; (3) the specialty maldistribution of physicians and dentists; and (4) the influx of foreign medical graduates into the United States. This comment examines the effectiveness of past legislative responses to these issues …
Good Faith Reliance Upon Federal Reserve Board Staff Opinion Letters: The Circuits Converge, Michael Thomas Kelly
Good Faith Reliance Upon Federal Reserve Board Staff Opinion Letters: The Circuits Converge, Michael Thomas Kelly
Fordham Urban Law Journal
The Federal Reserve Board (FRB) is the central, single agency for issuing all regulations on credit disclosures. It administers the Truth in Lending Act pursuant to Title I of the Consumer Credit Protection Act. Congress intended the FRB to consolidate all disclosure requirements but the FRB did so in a confusing fashion. It utilizes three different methods of disseminating truth-in-lending information: (1) through the publication of Regulation Z, an administrative code, to prescribe disclosure rules; (2) through interpretations of the rules; and (3) through staff opinion letters. The confusion resulted from disagreements in the applicable law between the three methods. …
Employers' Garnishment Policies - Do They Engender Racial Discrimination In Violation Of Title Vii And The Civil Rights Act Of 1866?, Amy S. Vance
Fordham Urban Law Journal
This note evaluates the hypothesis that employment policies which mandate suspension or discharge for multiple garnishments are racially discriminatory. It considers the methods of challenge such as a claim under Title VII of the Civil Rights Act of 1964, the lack of consensus between the courts and the Equal Employment Opportunity Commission (EEOC), and also emerging issues. The note finds that the legality of employment practices imposing disciplinary action against garnished employees is left uncertain. Proof of a disproportionate effect on minorities employees may be adequate, although a satisfactory showing of business necessity may be a defense against a claim …
Third Party Suits Under Section 3612 Of The Fair Housing Act Of 1968, Gary A. Grasso
Third Party Suits Under Section 3612 Of The Fair Housing Act Of 1968, Gary A. Grasso
Fordham Urban Law Journal
This note examines the Fair Housing Act of 1968 (1968 Act) which makes it unlawful, with certain exceptions, to discriminate in the sale or rental of private housing. In particular, the note examines the remedies available under Sections 3610 and 3612, which provide for the enforcement of the statute by private complainants. The note focuses on the issue of standing and the question of alternative use involving sections 3610 and 3612 of the 1968 Act, especially as to third party complainants. The note concludes that just as section 3610 was opened to plaintiffs arguing for the rights of third parties, …
The 1974 Health Care Amendments To The National Labor Relations Act: Jurisdictional Standards And Appropriate Bargaining Units, Robert H. Ringer
The 1974 Health Care Amendments To The National Labor Relations Act: Jurisdictional Standards And Appropriate Bargaining Units, Robert H. Ringer
Fordham Urban Law Journal
The purpose of the National Labor Relations Act (NLRA) is to ensure the well-being of labor-management relations through the encouragement of collective bargaining, and the prohibition of certain practices by labor unions and employers. The NLRA applies to cases where labor disputes may tend to burden, obstruct or affect interstate commerce. In an effort to settle the controversy surrounding the National Labor Relations Board's (NLRB) jurisdiction over non-profit hospitals, Congress passed the Health Care Amendments to squarely put non-profit hospitals under NLRB's jurisdiction. This note examines two problems presented by the amendments: (1) the extent of NLRB's jurisdiction under the …
The Effect Of The New Age Of Majority On Preexisting Child Support Settlements, Nicholas C. Dipiazza
The Effect Of The New Age Of Majority On Preexisting Child Support Settlements, Nicholas C. Dipiazza
Fordham Urban Law Journal
Since the enactment of the twenty-sixth amendment to the United States Constitution, most states passed legislation lowering the age of majority from twenty-one to eighteen. A crucial question arising from these statutes is whether they affect or should affect child support settlements which provide for support to the child until he or she reaches the age of majority. This note discusses the key question whether children have a continuing right to support until age twenty-one under settlements resulting from divorce decrees and agreements made prior to the enactment of the new age of majority laws. The note analyzes the conflicts …
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 - Urban School Chiefs Under Fire, Donald L. Herdman
Book Review - Urban School Chiefs Under Fire, Donald L. Herdman
Fordham Urban Law Journal
Urban School Chiefs Under Fire, by Larry Cuban, gives life to the study of the urban environment by inviting the readers to meet and experience life with three giants of the public school system, Benjamin Willis (Chicago), Carl Hansen (Washington, D.C.), and Harold Spears (San Francisco). Dr. Cuban's stimulating and well-documented biography of three powerful urban leaders permits readers a rare behind-the-scenes glimpse into the world of these men, and their service during periods of great urban sensitivity to ethnic imbalance and economic decay. Dr. Cuban not only provides personal vignettes of these three men but also engages the reader …
Cy Pres Powers Of The Federal Bankruptcy Courts - New Hope For Financially Distressed Charities?, George B. Reese
Cy Pres Powers Of The Federal Bankruptcy Courts - New Hope For Financially Distressed Charities?, George B. Reese
Fordham Urban Law Journal
During times of economic turmoil, certain private charitable institutions operating in urban areas often face financial problems. In the past, these institutions - hospitals, community service centers, and the like - were partially reimbursed by government welfare funds for their "public services" expenditures. But as the pressures on municipal budgets have increased, these reimbursements become delayed, and sometimes uncertain. A charitable corporation contemplating a petition in bankruptcy might wish to seek cy pres relief from the bankruptcy court. Cy pres, a common feature of state law, provides that a gift in trust or otherwise which is determined to have been …
Note: The Federal False Claims Act: A Potential Deterrent To Medicaid Fraud And Abuse, Peter J. Sherman
Note: The Federal False Claims Act: A Potential Deterrent To Medicaid Fraud And Abuse, Peter J. Sherman
Fordham Urban Law Journal
A scandal that seems certain to occupy headline space during the foreseeable future is the abuse of the Medicare and Medicaid programs, under which state agencies provide medical assistance to the elderly, needy and disabled with largely-federal funding. Medicaid fraud and abuse wastes an estimated three billion dollars of tax money each year. Senate investigators who studied the problem found that "rampant fraud and abuse exists among practitioners participating in the Medicaid program" and among participating medical testing laboratories. The Federal False Claims Act (FCA), a statute more than a century old, provides a potential deterrent to such fraud and …
Note: The Right Of The Federal Government To Regulate State Employment Practices, Steven M. Swirsky
Note: The Right Of The Federal Government To Regulate State Employment Practices, Steven M. Swirsky
Fordham Urban Law Journal
The power of the federal government to regulate aspects of private employment (i.e., minimum wages, overtime pay, the right to unionize) has become a recognized aspect of the relationship between employers and employees. The Supreme Court has upheld such federal regulation as a valid exercise of congressional power to regulate interstate commerce. In the past decade, Congress has extended the coverage of labor statutes to workers in the public sector. The Fair Labor Standards Act (FLSA) was enacted to foster the "maintenance of the minimum standards of living necessary for health, efficiency and general well-being of workers..." To achieve this …
Note: Child Abuse And Maltreatment: The Development Of New York's Child Protection Laws, Iris Ann Albstein
Note: Child Abuse And Maltreatment: The Development Of New York's Child Protection Laws, Iris Ann Albstein
Fordham Urban Law Journal
Each year over 200,000 children in the United States are abused or neglected by their parents. While many of these children are very young and come from poor families, children of every age and income bracket are victimized. In the early 1960s the federal government took some affirmative action by amending the Social Security Act to provide funds for the states in order to establish comprehensive child welfare services for children receiving substandard care. Until recently the states had done little to help these children. Each state now has laws offering protection and services to abused and neglected children. New …
Note: Federal Common Law Remedies For The Abatement Of Water Pollution, James D. Kakoullis
Note: Federal Common Law Remedies For The Abatement Of Water Pollution, James D. Kakoullis
Fordham Urban Law Journal
As a result of the Supreme Court's landmark decision in Illinois v. City of Milwaukee, federal common law, a new and potentially effective remedy, has been made available to parties seeking relief in water pollution cases in the federal courts. However, the possibility of non-sovereign parties using federal common law remedies to protect the waterways may be severely diminished as several federal courts have restricted such remedies to suits involving interstate waterways. This Note will examine the effect of these decisions on the ability of parties to initiate waterway pollution suits based on the federal common law and consider whether …
Case Note: Labor Law - Collective Bargaining - Job Security Is A Proper Subject Of Negotiations Between A Public Employer And Public Employee Organization Under The Taylor Law, Joan W. Keenan
Fordham Urban Law Journal
In this case note, Joan W. Keenan analyzes Board of Education v. Yonkers Federation of Teachers, 40 N.Y.2d 268, 353 N.E.2d 569, 386 N.Y.S.2d 657 (1976). In 1975 the city of Yonkers was plagued by a severe financial emergency. As part of an effort to balance its budget, plaintiff Yonkers City Board of Education unilaterally terminated the services of a number of teachers. Defendant Yonkers Federation of Teachers demanded arbitration on this issue under the terms of a job security clause contained in the collective bargaining agreement between the Board and the Federation. Plaintiff then brought a proceeding for a …
Case Note: Securities Law - Pensions - An Involuntary Noncontributory Employee Pension Fund Is A "Security" Under The Federal Securities Laws, Peter J. Kurshan
Case Note: Securities Law - Pensions - An Involuntary Noncontributory Employee Pension Fund Is A "Security" Under The Federal Securities Laws, Peter J. Kurshan
Fordham Urban Law Journal
In this case note, Peter J. Kurshan analyzes Daniel v. International Brotherhood of Teamsters, 410 F. Supp. 541 (N.D. Ill. 1976), appeal docketed, No. 76-1855 (7th Cir. April 29, 1976). Plaintiff union member John Daniel was denied the right to receive union pension benefits after working for twenty-two and one half years. The trustees of the Local 705 Fund denied the benefits because Daniel's employment was not continuous. They contended that Daniel did not meet the conditions of the union pension plan, since he had been laid off involuntarily for several months. As a result, Daniel brought a class action …
Case Note: Transportation Law - Urban Mass Transportation Act - The Absence Of Statutory Provisions Relating To Standing And Judicial Review Does Not Preclude A Claimant From Seeking Relief In Federal Court, Terry L. Barnich
Fordham Urban Law Journal
This case note by Terry L. Barnich analyzes the Seventh Circuit's decision in Bradford School Bus Transit, Inc. v. Chicago Transit Authority, 537 F.2d 943 (7th Cir. 1976), cert denied, 97 S. Ct. 797 (1977). The plaintiff, a private bus company, sought a declaration that the Chicago Transit Authority violated section 1602(a) of the Urban Mass Transportation Act when it competed with the private bus line for a contract with the Chicago Board of Education. The United States District Court for the Northern District of Illinois declared that the plaintiff lacked standing under the Act and dismissed the complaint. The …
Books Received
Fordham Urban Law Journal
This is a list of books received published in the Spring 1977 issue.
Enhancing The Security Behind Municipal Obligations: Flushing And U.S. Trust Lead The Way, Kenneth W. Bond
Enhancing The Security Behind Municipal Obligations: Flushing And U.S. Trust Lead The Way, Kenneth W. Bond
Fordham Urban Law Journal
When bond counsel' render their legal opinion approving the issuance and delivery of a municipal obligation, one of the opinions traditionally expressed is that the obligation is "valid and legally binding according to its terms." Significant, here, are the words "valid" and "binding." The validity of a municipal obligation can usually be determined by straightforward observation. Bond counsel must be satisfied that (1) the issuer has statutory and sometimes constitutional authority to borrow and incur indebtedness (2) the funds borrowed are to be used for a public purpose and (3) the issuer has complied with the preconditions to issuing debt …
The Recodified New York Election Law: A Small Step In The Right Direction, John J. Keohane, Michael A. Vaccari
The Recodified New York Election Law: A Small Step In The Right Direction, John J. Keohane, Michael A. Vaccari
Fordham Urban Law Journal
During the 1976 national and local election campaigns, the New York State Election Law and its "Byzantine" procedures came under withering attack by both the candidates and the press. The inadequacies of the existing law had long been recognized and decried by numerous citizens groups and legislators. The first step toward much-needed substantive election law reform has been taken recently with the passage of an Election Law Recodification Act. The new law, passed under the sponsorship of Assemblyman Melvin H. Miller, Chairman of the Election Law Committee, went into effect on December 1, 1977. The Election Law Recodification is characterized …
Note: Osha Inspections And The Fourth Amendment: Balancing Private Rights And Public Need, Glenn J. Fuerth
Note: Osha Inspections And The Fourth Amendment: Balancing Private Rights And Public Need, Glenn J. Fuerth
Fordham Urban Law Journal
The Occupational Safety and Health Act of 1970 (OSHA) is the result of the Federal government's concern about safe working conditions. The purpose of OSHA is to assure safe and healthful working conditions and to preserve our human resources. To effectuate its goal of promoting industrial safety, OSHA authorizes the Secretary of Labor to establish mandatory occupational safety and health standards applicable to businesses affecting interstate commerce. It also authorizes the Secretary to enter and inspect any work place during regular working hours and at other reasonable times to ensure compliance with the health and safety standards. The inspection provision …
Note: Secured Creditors In Wage Earner Proceedings: Interpreting The Validity Of Bankruptcy Rule 13-307(D), Jane E. Finkel
Note: Secured Creditors In Wage Earner Proceedings: Interpreting The Validity Of Bankruptcy Rule 13-307(D), Jane E. Finkel
Fordham Urban Law Journal
On October 1, 1973 the Supreme Court promulgated rules prescribing the practice and procedure to be followed in cases and proceedings governed by Chapters I-VII and Chapter XIII of the Bankruptcy Act. The procedural changes are extensive, permeating every stage of straight bankruptcy and Chapter XIII Wage Earner proceedings. One of the more important rules is Bankruptcy Rule 13-307(d), which deals with claims of secured creditors in Wage Earner proceedings under Chapter XIII. Secured creditors have challenged the validity of Rule 13-307(d), claiming that the rule modifies the secured party's substantive right to full recovery of the contract price. Thus, …
Case Note: Constitutional Law - Due Process - Municipal Towing Ordinance Authorizing The Assessment Of Towing Fees And Storage Charges Without Notice And Opportunity For Hearing Violates Due Process, Laurie S. Schaffer
Fordham Urban Law Journal
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Case Note: Constitutional Law - Fair Hearing - A Provider Of Services Has A Right To Challenge A Determination Of Medicaid Benefits For Its Patients, Leonard J. Morreale, Jr.
Case Note: Constitutional Law - Fair Hearing - A Provider Of Services Has A Right To Challenge A Determination Of Medicaid Benefits For Its Patients, Leonard J. Morreale, Jr.
Fordham Urban Law Journal
In this case note, Leonard J. Morreale, Jr. analyzes Peninsula General Nursing Home v. Sugarman, 57 App. Div. 2d 268, 394 N.Y.S.2d 644 (1st Dep't 1977). Jacob Stupler, an alleged indigent, was enrolled in the federal Medicare program which reimbursed the petitioner, Peninsula General Nursing Home, for the cost of medical care and services rendered to him. When federal benefits were terminated, petitioner promptly applied for Medicaid coverage on behalf of Mr. Stupler pursuant to the New York State Medical Assistance for Needy Persons Plan. The Social Services Department of the City of New York denied the application because Mr. …
Case Note: Environmental Law - National Environmental Policy Act - Potential Environmental Effects Of Urban Unemployment Require Preparation Of An Environmental Impact Statement, Elizabeth Manning
Fordham Urban Law Journal
In this case note, Elizabeth Manning analyzes City of Rochester v. United States Postal Service, 541, F.2d 967 (2d Cir. 1976). The City of Rochester and the Genessee-Finger Lakes Regional Planning Board sued to enjoin the Postal Service from constructing a 12 million dollar postal facility in a Rochester suburb, in contemplation of abandoning an older smaller facility within the city itself. Plaintiffs asserted that the Postal Service's change of location was "a major Federal actio[n] significantly affecting the quality of the human environment," and that the National Environmental Policy Act of 1969 (NEPA) required the preparation of an Environmental …