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Articles 1 - 28 of 28
Full-Text Articles in Law
Revolution And Counterrevolution: The Supreme Court On Creditors Remedies, Earl Phillips
Revolution And Counterrevolution: The Supreme Court On Creditors Remedies, Earl Phillips
Fordham Urban Law Journal
Creditors have more than a dozen prejudgment, no-notice remedies which permit them to seize or encumber a debtor's property even before the creditor has sued the debtor and recovered a judgment. Moreover, a creditor may take a debtor's property without giving the debtor prior notice and the opportunity to oppose the taking in a judicial proceeding. These extraordinary remedies have been employed in England and the United States for centuries and in the 1920s the Supreme Court affirmed their constitutionality. However, in a set of decisions beginning in with Sniadach v. Family Finance Corp. in 1969 and Fuentes v. Shevin …
Note: Landmark Preservation: The Problem Of The Tax-Exempt Owner, Mary Spearing
Note: Landmark Preservation: The Problem Of The Tax-Exempt Owner, Mary Spearing
Fordham Urban Law Journal
This Note examines the effectiveness of the 1965 New York City Landmark Preservation Act with respect to its ability to confront the conflict between the desire to preserve the city's history and the individual's constitutional right to use and control her own property, with particular attention to the unprotected status of the tax-exempt property owner. The author argues that the legislation fails to mesh the two conflicting goals of preservation and just compensation to property owners. She suggests that in order to do so, perhaps a different standard of value should be placed on landmark preservation that focuses on non-economic …
The Fairness Doctrine: Time For The Graveyard?
The Fairness Doctrine: Time For The Graveyard?
Fordham Urban Law Journal
The comments examines the rationale for the fairness doctrine, the obligations arising under it, and the FCC's administration of the doctrine. It further analyzes the judicial construction of the doctrine with emphasis on the doctrine's functional role and Constitutional ramifications. The fairness doctrine is part of a basic broadcast philosophy that mandates viewpoints on any controversial issue of public importance be fairly presented. It is partially codified by the FCC. However, after litigation, it seems clear to the courts that the fairness doctrine and the first amendment cannot share a peaceful coexistence. It may well be that the Court is …
Book Review- Police Corruption: A Sociological Perspective, Peter J. O'Connor
Book Review- Police Corruption: A Sociological Perspective, Peter J. O'Connor
Fordham Urban Law Journal
The author reviews the book Police Corruption: A Sociological Perspective, edited by Lawrence W. Sherman. He concludes that Mr. Sherman's book affords a welcome insight into a persistent problem. Too often lawyers treat problems which are sociological in nature as legal problems only. For that reason, the reviewer highly recommends the book to all lawyers.
The Discharge Permit Program Under The Federal Water Pollution Control Act Of 1972 - Improvement Of Water Quality Through The Regulation Of Discharges From Industrial Facilities, Joyce P. Davis, Robert J. Glasser
The Discharge Permit Program Under The Federal Water Pollution Control Act Of 1972 - Improvement Of Water Quality Through The Regulation Of Discharges From Industrial Facilities, Joyce P. Davis, Robert J. Glasser
Fordham Urban Law Journal
There has been a significant growth of legislation designed to improve the quality of life in American by regulating the way industrial facilities interact with their environments. The new laws created by this legislation has given the federal government significant responsibilities in many areas formerly regulated by the individual states. This change in regulation is apt to impose stress on the modern industrialized society of America as a result of the impossibility to predict the overall effects of particular actions on the total system. Examining the nature of the actions and the probable direct interactions with the system, one may …
The Juvenile Offender - Where Can We Send Him?
The Juvenile Offender - Where Can We Send Him?
Fordham Urban Law Journal
There is an increased problem in American society regarding juvenile delinquents. Persons less than 16 years of age cannot be adjudicated criminals and nearly 80% of persons convicted of serious crimes a adults were previous convicted of a lesser offense. However, these criminals were only previously considered juvenile delinquents and not adjudicated criminals. Rehabilitation has been the main focus when dealing with juvenile delinquency and juvenile courts have operated under the theory of 'best interests of the child' and 'parens patriae'. Unfortunately, family court hearings used to determine juvenile delinquency now contain the stigma of criminal proceedings rendering the theory …
From Plows To Pliers - Urban Homesteading In America
From Plows To Pliers - Urban Homesteading In America
Fordham Urban Law Journal
The state homestead exemption is the most widely known form of homesteading and exists in the majority if American jurisdictions. A new form of this plan has been added by many east coast cities that allows families to receive a grant of a home at a minimum price on condition that it occupies the residence and improves it to satisfy all applicable codes. The property is then transferred to the homesteader and this benefits both the city and the individual. This urban homesteading plan is the most recent program designed to promote urban renewal and home ownership. Wilmington Delaware was …
The Infirmities Of Affirmative Action: The New York City Plan
The Infirmities Of Affirmative Action: The New York City Plan
Fordham Urban Law Journal
The regulations announced by Mayor John Lindsay that propose new contract bid regulations designed to eliminate discrimination in employment in New York City were implemented and are the basics of the city's present program. New York City's present affirmative action attempts to increase the number of minorities employed in city-financed construction projects. But, how viable are these programs in light of the expected attacks based on the federal preemption doctrine? Questions of due process and equal protection must be examined when affirmative action programs require contractors to make good faith efforts to meet these goals. Affirmative action programs are part …
Administrative Law- Practice And Procedure- Tenants Of A Public Housing Project Must Be Accorded Due Process Protections Before The Promulgation Of An Across-The-Board Rent Increase
Fordham Urban Law Journal
In June 1971, the chairman of the New Rochelle Housing Authority notified all tenants of a new $2.00 per room per month service charge and tenants instituted an action under section 1983 of the Civil Rights Act. The tenants asked the court to declare the charge invalid and enjoin the increase unless the tenants were first accorded a hearing. The US District Court for SDNY granted tenants summary judgment holding they had a due process right to notice and a hearing. The Court of Appeals for the Second Circuit modified this holding they had certain due process rights, their rights …
Civil Rights - Discrimination In Placement Of Low-Rent Housing- Statute's Requirement That Locality's Governing Body Agree To Cooperate With Hud Used As A Shield To Protect Suburbs From Integration By Low Income Blacks
Fordham Urban Law Journal
The constitutionality of certain sections of the National Housing Act that required a community to consent to the construction of federally assisted low income housing was challenged. The plaintiffs alleged that the consent requirement gave white suburbs the power to bar this construction resulting in limited low incoming housing offered in predominantly black areas. Plaintiffs proposed that a new agreement between the City of Cleveland and the Cuyahoga Metropolitan Housing Authority be reached that would better reflect low income housing needs. At trial, the court rejected the plaintiff's contentions and on remand, the court held that absent a rational basis, …
Civil Rights - Right To Treatment - Neither Due Process Nor Equal Protection Clause Of The Fourteenth Amendment Guarantees The "Right To Treatment" For Mentally Retarded Children Confined In A State Institution Through Noncriminal Procedures
Fordham Urban Law Journal
Civil rights action was brought on behalf of residents at Willowbrook State Hospital by their parents and guardians attacking the conditions and treatment offered violated due process and equal protection. The court refused to extend a right to treatment to patients civilly committed to state hospitals - forestalling an extension of such rights to the retarded. Plaintiffs sought to classify the vast majority of commitments as involuntary despite original admission data mandating due process protection. The court determined that a hearing with procedural safeguards would suffice and in certain situations the court may find the appointment of a guardian at …
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-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 …
Criminal Law-Multiple Jury Joint Trials-On The Joint Trial Of Two Defendants, The Empanelling Of Two Juries Simul- Taneously Is Permissible.
Fordham Urban Law Journal
Defendant was indicted on three separate counts in federal court and two juries were empaneled for one of the counts to try defendant and accomplice simultaneously. When testimony probative as to Sidman, but prejudicial to Clifford was about to be admitted through cross-examination, the jury sitting in judgment of Clifford was excused. Both men were convicted and on appeal Sidman's conviction was affirmed and Clifford's reversed. The multiple jury joint trial is a modification of the jury trial concept. The idea, however, desperately needs direction and it was for this reason that the appellate court, while upholding the conviction, did …
Environmental Law-Statutory Interpretation-Factors To Be Considered In Making A Threshold Determination That An Environmental Impact Statement Is Necessary Under The Na- Tional Environmental Policy Act Of 1969
Fordham Urban Law Journal
The National Environmental Policy Act (NEPA) was passed by Congress in 1969 declaring a policy which will promote efforts to protect the environment, to stimulate the health and welfare of man, and to enrich the understanding of the natural resources important to the nation. Under NEPA, all federal agencies must develop decision making procedures that include an evaluation of factors the agency will consider in deciding whether a proposed agency action will significantly affect the "human environment."' Federal agencies, unable to discern the meaning of "human environment," have had difficulty in deciding what factors to consider in making the threshold …
A Public Citizens’S Action Manual , Lisa H. Blitman
A Public Citizens’S Action Manual , Lisa H. Blitman
Fordham Urban Law Journal
The book proposes that court action should only be used as a last result and offers alternatives. It encourages the citizen to know the truth about various systems in our government and society and offers the reader information that can be used by the action oriented citizen to improve quality of life. Ross urges citizens to fight and become public interest advocates to seek change. Ralph Nader writes the introduction and explains that institutions of government and business are too large and distinct and that with a little help and interest from citizen-activists, government and businesses can be made ot …
Landlord-Tenant Law-Dependency Of Lease Covenants-Covenant To Pay Rent Is Dependent Upon Landlord's Warranty Of Habitability
Fordham Urban Law Journal
Plaintiff tenant entered into possession of an apartment with was no written lease and the rent was fixed monthly under the condition that the landlord would make certain repairs to render the premises ‘livable’. The landlord never did and tenant terminated rent payments. The landlord instituted a summary dispossess action against Berzito for nonpayment and the state district court held that the landlord was in violation of his express warranty of habitability and reduced the tenants rent but tenant still did not pay. The trial court ruled in the tenant's favor and rejected the landord's contention that by remaining in …
The Politics Of Punishment: A Critical Analysis Of Prisons In America, Warrren Richmond
The Politics Of Punishment: A Critical Analysis Of Prisons In America, Warrren Richmond
Fordham Urban Law Journal
The problem of prisons and prison reform has become a subject of much discussion and study in our country. It has been suggested that it is in society’s best interest to invest substantial resources to develop prisons as rehabilitation centers and not as factories of crime so ex-prisoners will return to society as useful citizens. Wright sets forth why crime and prisons will remain fundamentally the same until a radical change is made in society itself. Levels of crime in America are substantially the result of ‘political choices’. After establishing who goes to prison and why, Wright concludes that prisons …
The Fiscal Crisis Of New York City Voluntary Hospitals, John V. Connorton
The Fiscal Crisis Of New York City Voluntary Hospitals, John V. Connorton
Fordham Urban Law Journal
The cost of providing health care has been rising at an accelerated pace in recent years and hospital care took the largest share of this increase. Although not officially associated with the government, the voluntary health care institution reflects some of the characteristics of a governmental unit. It is traditionally exempt from taxes (although this is recently showing signs of erosion) and derives increasing proportions of its revenues from public funds. These funds are payment for services rendered to indigents at rates far below their costs. Hospitals have resorted to cutting costs other ways attempting to maximize efficiency of their …
De Minimis Curat Lex, Brian G. Driscoll
De Minimis Curat Lex, Brian G. Driscoll
Fordham Urban Law Journal
There is a great deal of civil litigation in Urban areas and courts are unable to deal efficiently and justly with the cases that are brought before them. Additionally, there are many cases concerning a small amount of money and disputes in which citizens are in lower and middle economic classes that are never brought before the courts. The nature of the judicial system discourages these small claims but even these relatively small claims may be significant in relation to the income of some of these potential litigants. Handling this problem needs to be done through the small claims court. …
Teacher Collective Bargaining
Fordham Urban Law Journal
This comment discusses the effect of collective bargaining by teachers on the formulation of public policy in education. Teachers usually draw on the expertise of superintendents of schools to advise them on this subject. Agreement terms from New York and California are analyzed. The focus of the analysis deals with the content of the contract and agreement clauses and the extent to which they reflect a shift of control over educational policy in specific subject areas. The emergence of teachers associations and unions has created a new pressure group potentially capable of influencing traditional state prerogatives in educational policy. California …
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 …
Condominium Renovation, Amy R. Piro
Condominium Renovation, Amy R. Piro
Fordham Urban Law Journal
As a result of deterioration or obsolescence of condominium premises, unit owners often decide to renovate. These decisions may raise questions significantly different from those encountered in dealing with ordinary condominium expenses. These include matters such as required authorization, protection of dissenters' rights, and financing. This article explores some of these problems and suggests possible solutions. The author concludes that present law, including statues and condominium association bylaws, should differentiate between renovation expenses and those arising from ordinary maintenance and repairs, and should permit special authorization and financing arrangements for renovations.
Comment: Arbitration -- A Viable Alternative?, K. E.C. Hull, Einar M. Rod
Comment: Arbitration -- A Viable Alternative?, K. E.C. Hull, Einar M. Rod
Fordham Urban Law Journal
Private arbitration as an alternative to litigation has been viewed by many authorities as an important method of improving judicial administration. This Comment, in evaluating courts' attitudes toward arbitration, will analyze the standards used by courts in deciding whether issues are appropriate subjects for arbitration. Because arbitration can have no legal effect unless courts are willing to support the arbitrator's award, the standards used to determine whether an issue is arbitrable are critical to the future of arbitration. The Comment examines four areas law that illustrate a variety of judicial attitudes toward arbitrability: labor-management relations, domestic relations, will probation and …
Comment: Security Deposits In New York: How Safe Is Your Money?, Stevens Ingraham, Paul J. Yesawich, Iii
Comment: Security Deposits In New York: How Safe Is Your Money?, Stevens Ingraham, Paul J. Yesawich, Iii
Fordham Urban Law Journal
In New York, there has never been a general landlord's statutory or common law lien, the growth of the cities and consequent legal development of the landlord-tenant relationship has enhanced the importance of the leasehold agreement. Most landlords, seeking protection beyond tenants' personal assurances that the lease will be honored, require a provision for a security deposit in the lease. The purpose of the deposit is to assure the tenant's compliance with the covenants of the lease. Confusion over the landlord-tenant relationship with regard to the security deposit has left room for abuse of the deposit for the landlord's gain. …
Note: The Eligibility Of The Unborn Child Under Afdc, John K. Enright
Note: The Eligibility Of The Unborn Child Under Afdc, John K. Enright
Fordham Urban Law Journal
This Note surveys recent litigation challenging the state denial of AFDC payments to pregnant women seeking benefit on behalf of their unborn children. Such decisions have focused on the issue of whether unborn children come within the definition of "dependent child" as set forth in Section 606 of the AFDC. Thus far, fourteen of seventeen reported decisions have included unborn children within the statutory definition. The Note concludes that the unborn child cases illustrate the difficulty of the rule that the Supreme Court laid out in Townsend v. Swank, which held that states must make AFDC payments to all eligible …
Case Note: Zoning- Population Control In Metropolitan Areas- Construction Industry Association Of Sonoma County V. City Of Petaluma, 375 F. Supp. 574 (N.D. Cal. 1974), Lane J. Genatowski
Case Note: Zoning- Population Control In Metropolitan Areas- Construction Industry Association Of Sonoma County V. City Of Petaluma, 375 F. Supp. 574 (N.D. Cal. 1974), Lane J. Genatowski
Fordham Urban Law Journal
This Casenote analyzes the Northern District of California's recent decision in Construction Industry Association of Sonoma County v. City of Petaluma, 375 F. Supp. 574 (N.D. Cal. 1974), which held that limiting the number of building permits for the purpose of restricting population growth was an unconstitutional infringement on the right to travel, where there is no shortage of municipal facilities to serve the new residence. The Casenote concludes that, although the court had authoritative support for its decision, it may be unwise to use the right to travel to invalidate a local zoning ordinance. Moreover, the right to travel …
Book Review: Where Do I Go From Here? A Career Planning Manual For Lawyers, Kathleen Kruger
Book Review: Where Do I Go From Here? A Career Planning Manual For Lawyers, Kathleen Kruger
Fordham Urban Law Journal
Kathleen Kruger, the Director of Placement for NYU Law School reviews Frances Utley's book, Where Do I Go From Here? A Career Planning Manual for Lawyers. Kruger expresses doubt that one may "plan" a legal career, but that gathering as much information as possible can help and that Utley's book is helpful in this regard. Kruger concludes, however, that some of Utley's book is overly optimistic with respect to the number and variety of career options available to lawyers in the current market.