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Articles 1 - 30 of 40
Full-Text Articles in Law
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 …
The Limits Of Corporate Responsibility. By Neil W. Chamberlain. New York: Basic Books, Inc. 1973. Pp. 236. $10.00., Stephen A. Block
The Limits Of Corporate Responsibility. By Neil W. Chamberlain. New York: Basic Books, Inc. 1973. Pp. 236. $10.00., Stephen A. Block
Fordham Urban Law Journal
This book is a chronicle of past and a prediction of future corporate survival through the furtherance of the consumerist philosophy. Professor Chamberlain discusses (although all too briefly) how corporations have inculcated in American society the materialism that is its principal motivating force and how that value, feeding on itself and thereby forging an alliance of mutual need between the corporate structure and the American people, has created the situation described in the above quotation. He also analyzes the impact of this philosophy on various aspects of corporate and noncorporate life, from the corporation's relationship with its employees to that …
A Legal History Of Expense Budgeting In New York City, Archibald F. Robertson, Lucian A. Vecchio
A Legal History Of Expense Budgeting In New York City, Archibald F. Robertson, Lucian A. Vecchio
Fordham Urban Law Journal
An examination of the history of budget-making in the City of New York will show that the City has never operated from a sound, comprehensive budget system. That does not mean that the City has proceeded irresponsibly, or without regulation. Statutes to control the budget have existed in New York City since at least the beginning of the nation itself. And, most commendably, those very first statutes show a proper concern by the City for the needs of all its citizens. The difficulty has been, rather, the lack of a comprehensively drafted body of law to handle, as an integrated …
Environmental Interest Litigants Are Not Entitled To An Award Of Fees For Promoting Public Interests Absent Statutory Authorization. Alyeska Pipeline Service Co. V. Wilderness Soc'y, 421 U.S. 240 (1975)., Michael T. Cornacchia Iii
Environmental Interest Litigants Are Not Entitled To An Award Of Fees For Promoting Public Interests Absent Statutory Authorization. Alyeska Pipeline Service Co. V. Wilderness Soc'y, 421 U.S. 240 (1975)., Michael T. Cornacchia Iii
Fordham Urban Law Journal
The Wilderness Society and other interested groups brought suit in the district court, seeking to enjoin construction of the Trans-Alaskan Pipeline on the grounds that: (1) the right of way granted the defendant violated the width restrictions of Section 28 of the Mineral Lands Leasing Act of 1920 and (2) the environmental impact statement required under Section 4321 of the National Environmental Policy Act (NEPA) was inadequate. The district court, after granting a preliminary injunction, reversed itself by dissolving the preliminary injunction and denying permanent relief. The Court of Appeals for the District of Columbia Circuit reversed, holding that the …
A City In Terror. By Francis Russell. New York: The Viking Press, Inc., 1975. Pp. 256. $10.00., Joseph R. Crowley
A City In Terror. By Francis Russell. New York: The Viking Press, Inc., 1975. Pp. 256. $10.00., Joseph R. Crowley
Fordham Urban Law Journal
In the past decade, the greatest phenomena in the field of labor relations in the United States has been the rapid growth of the organization of public employees into structures for collective bargaining. Today's public employees have obviously concluded that enhancement of terms and conditions of employment can only be achieved through the negotiating process. The posture of public employees was in 1919 (the time period dealt with by Russell) an unthinkable concept insofar as it impinged upon the sovereignty of government. Moreover, it was deemed at that time that public employees were public servants who had no right to …
Tax Aspects Of The Pension Reform Act Of 1974, Jeanne Cullinan Ray
Tax Aspects Of The Pension Reform Act Of 1974, Jeanne Cullinan Ray
Fordham Urban Law Journal
The Employee Retirement Income Security Act of 1974 (commonly known as the Pension Reform Act and sometimes cited as ERISA) introduced a massive set of new rules for the private pension plan system. Many sections of the Pension Reform Act- such as those dealing with participation, vesting, funding, joint and survivor annuity payments, and the prohibitions against self-dealing- are treated in both the labor law and tax law provisions of the Act. This article concentrates on highlighting those sections of the Act which are treated exclusively in the tax law provisions- namely, those dealing with HR-10 and Subchapter S restrictions, …
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 …
Comment: The New York City Housing Part: New Remedy For An Old Dilemma, Dennis E. Milton
Comment: The New York City Housing Part: New Remedy For An Old Dilemma, Dennis E. Milton
Fordham Urban Law Journal
This Comment describes the practical operation of the Housing Part of the Civil Court of the City of New York, which began its operation October 1, 1973. The jurisdiction of the court as well as the remedies and penalties provided in the enabling legislation are outlined. The duties of its personnel, settlement procedures, and the influence of administrative agencies upon the operation of the Housing Part are also examined, as are several cases affecting the operation of the Housing Part. The author concludes that there have been many beneficial effects from the first year of operation of the Housing Part, …
Note: Going Public With Discriminating Private Clubs, Tina L. Wellner
Note: Going Public With Discriminating Private Clubs, Tina L. Wellner
Fordham Urban Law Journal
The United States Supreme Court has frequently expressed the notion that private clubs have a right to discriminate in cases such as Moose Lodge No. 107 v. Irvis, amongst others. This Note examines post-Moose Lodge case law and theories to determine when exclusion, despite abridgement of associational rights, becomes illegal discrimination. In addition, it proposes new theories and laws to deal with discrimination by private clubs, including continued and expanding use of administrative procedures.
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 …
Religious Discrimination In Employment: The 1972 Amendment -- A Perspective, John D. Dadakis, Thomas M. Russo
Religious Discrimination In Employment: The 1972 Amendment -- A Perspective, John D. Dadakis, Thomas M. Russo
Fordham Urban Law Journal
This Note evaluates the effect of the 1972 amendment to the Civil Rights Act, which clarifies that the term "religion" includes "belief" as well as practices and actions based on the belief, and requires reasonable accommodation to the employee's religious needs unless the employer can show that an undue hardship is thereby imposed on his business. The Note determines whether the amendment has resulted clarification of the law governing religious discrimination. It focuses on three key terms in the amendment: religion, reasonable accommodation, and undue hardship. Finally, it considers the problem of employees whose beliefs preclude their membership in labor …
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.
Case Note: Administrative Law- Renegotiation Board V. Bannercraft Clothing, Co., 415 U.S. 1 (1974), James P. Donahue, Jr.
Case Note: Administrative Law- Renegotiation Board V. Bannercraft Clothing, Co., 415 U.S. 1 (1974), James P. Donahue, Jr.
Fordham Urban Law Journal
This Case Note analyzes the Supreme Court's recent decision in Renegotiation Board v. Bannercraft Clothing Co., which held that the Freedom of Information Act could not be used to interfere with a Renegotiation Board proceeding prior to termination of its administrative hearings and all further administrative remedies.
Case Note: Criminal Law - People V. Francis, 45 App. Div. 2d, 358 N.Y.S.2d 148 (2d Dep't 1974), James S. Normile
Case Note: Criminal Law - People V. Francis, 45 App. Div. 2d, 358 N.Y.S.2d 148 (2d Dep't 1974), James S. Normile
Fordham Urban Law Journal
This Case Note analyzes the decision of the New York State Appellate Division for the Second Department in People v. Francis, which held that the New York statutory exception reducing possession of a loaded firearm from a felony to a misdemeanor when in one's "place of business" does not apply to an employee lacking a proprietary interest in the premises.
Case Note: Criminal Law - Parole - State Board Of Parole Must Issue Statement Of Reasons For Denial Of Parole. United States Ex Rel. Johnson V. Chairman, New York State Board Of Parole, 500 F.2d 925 (2d Cir. 1974), William B. Smith
Fordham Urban Law Journal
This Case Note analyzes the Second Circuit's decision in United States ex rel. Johnson v. Chairman, New York State Board of Parole, which held that due process considerations required the Board to issue a statement giving its reasons for denial of parole, both as a guide for the prisoner's rehabilitative efforts and as an enduring record for possible appellate review.
Case Note: Environmental Law - Harlem Valley Transportation Association V. Stafford, 500 F.2d 328 (2d Cir. 1974), Helen Gerard
Case Note: Environmental Law - Harlem Valley Transportation Association V. Stafford, 500 F.2d 328 (2d Cir. 1974), Helen Gerard
Fordham Urban Law Journal
This Case Note analyzes the Second Circuit's decision in Harlem Valley Transportation Association v. Stafford, which held that the interstate commerce commission, as the responsible agency, must make the threshold determination of whether an environmental impact statement is required under NEPA. The court further held that if the statement is required, the commission staff must prepare and circulate a draft impact statement prior to a hearing before an administrative judge.
Book Review: Urban Incentive Tax Credits, By Edward M. Meyers And John J. Musial, Phillip Weitzman
Book Review: Urban Incentive Tax Credits, By Edward M. Meyers And John J. Musial, Phillip Weitzman
Fordham Urban Law Journal
The authors of this book propose a tax credit to all individuals and businesses who reside within depressed cities, in an effort to reverse the exodus of middle and upper income individuals from the central cities and induce businesses to undertake new investment within the city. The reviewer observes that there are technical errors and gaps in the authors' analysis, but that the most serious problem is with the general principles underlying their approach. He argues that it is unlikely that the proposed tax credits would actually have the intended effect of revitalizing depressed inner city areas.
Book Review: Heroin Addiction In Britain--What Americans Can Learn From The English Experience, Gerald T. Mclaughlin
Book Review: Heroin Addiction In Britain--What Americans Can Learn From The English Experience, Gerald T. Mclaughlin
Fordham Urban Law Journal
This book takes the reader step by step through the history of British heroin maintenance--trying to separate myth from reality. The book does not fully answer whether this British clinic system of dispensing heroin to proven addicts has led to decreased levels of addiction, but does forcefully demonstrate that heroin maintenance in Britain has not led to a heroin epidemic. The reviewer concludes that the book is an excellent reportorial analysis of the British heroin system as well as the British reaction to American drug policy.
Neighborhood Preservation In New York City, Phillip Weitzman
Neighborhood Preservation In New York City, Phillip Weitzman
Fordham Urban Law Journal
The push to the suburbs, financed in large part by federal mortgage guarantees and highway construction moneys and bolstered by exclusionary zoning, has generated forces which tend to leave old urban neighborhoods in shambles. The syndrome of housing deterioration is well known. The dilemma of the deteriorating neighborhood is heightened in a city such as New York, where a large proportion of its population lives in old multiple family buildings. After almost forty years marked by a succession of programs designed to eliminate slums and blighted areas, New York City has concluded that its older neighborhoods must be protected from …
Reletting The Abandoned Or Defaulted Public Works Project In New York- To Bid Or Not To Bid?, Bruce J. Bergman
Reletting The Abandoned Or Defaulted Public Works Project In New York- To Bid Or Not To Bid?, Bruce J. Bergman
Fordham Urban Law Journal
The general requirement that contracts for public works be let pursuant to advertisements for bids to the lowest responsible bidder has long been the law in New York and other jurisdictions. After determining that the mandatory statutory pronouncements apply to a particular contract, there is an entire "second level" problem of the propriety of bids and the awarding of the contract pursuant thereto. Suppose a contractor has defaulted or abandoned a valid public works contract. Must the public entity now readvertise for bids for the completion of the work? The answer in most instances is "no," and this raises the …
Protecting The Rights Of Purchasers Of Condominium Units, Jeffry R. Dwyer
Protecting The Rights Of Purchasers Of Condominium Units, Jeffry R. Dwyer
Fordham Urban Law Journal
The late 1960s and early 1970s have witnessed an unprecedented boom in both construction and conversion condominiums. The inflationary spiral of the 1970s caused many developers of partially completed rental projects to seek substantial loan increases to cover cost overruns. Such loan increases often could not be justified by rental income projections. Accordingly, many developers and lenders turned to condominium conversions as a panacea for project cost overruns. However, with a shortage of end loan money, developers and lenders were left with unsold "inventory," increasing in cost with each passing day. Indeed, many developers of condominium units found themselves in …
Deceptive Practices In The Marketplace: Consumer Protection By New York Government Agencies, William F. Mulroney
Deceptive Practices In The Marketplace: Consumer Protection By New York Government Agencies, William F. Mulroney
Fordham Urban Law Journal
The past several years have witnessed considerable growth in the power and number of New York governmental consumer protection agencies. New and potent statutory powers have been granted to the Attorney General. At the local level, cities, counties, and towns have created consumer agencies and granted many of them enforcement and rulemaking powers. Legislation on all levels of state government regulates an increasing number of commercial activities for the protection of consumers. That legislation has likewise led to greater cooperation among state and local consumer agencies. This Comment will examine the structures and powers of the various New York State …
Con Edison: The Crisis Of The Investor-Owned Utility, Charles A. Testagrossa, Jr., Dennis F. Tuffin
Con Edison: The Crisis Of The Investor-Owned Utility, Charles A. Testagrossa, Jr., Dennis F. Tuffin
Fordham Urban Law Journal
Consolidated Edison of New York, Inc. (Con Edison) is an investor-owned urban utility which provides electricity to New York City and most of Westchester County. It is representative of the older investor-owned utilities which are currently in the poorest financial condition. Although these utilities do not serve rapidly expanding service areas, the replacement of obsolete generating plants necessitates continued large capital expenditures. Present conditions raise the possibility that older investor-owned utilities cannot survive in their present form of "regulated private monopoly." The failure of Con Edison to pay a quarterly dividend on April 23, 1974 focused attention on the deteriorating …
The Federal Collection Of State Individual Income Taxes, Nicholas J. Letizia
The Federal Collection Of State Individual Income Taxes, Nicholas J. Letizia
Fordham Urban Law Journal
States have traditionally relied on taxes to finance the expansion of services, and most states have enacted broad-based income taxes which yield additional revenue without raising tax rates. Federal grant-in-aid and revenue sharing funds also increase a state's fiscal resources and relieve pressure for additional taxes. Revenue Sharing was intended to replace restricted grants-in-aid and permit state and local governments to receive federal funds pursuant to an allocation basis which rewarded state and local tax efforts. An unutilized provision of Revenue Sharing provides for the optional piggybacking of state income taxes upon the federal income tax. The Internal Revenue Service …
Judicial Selection In New York: A Need For Change, James Edward Lozier
Judicial Selection In New York: A Need For Change, James Edward Lozier
Fordham Urban Law Journal
On February 27, 1974 Chief Judge Charles D. Breitel of the New York State Court of Appeals addressed the New York Legislature regarding the "State of the Judiciary and Judicial System" and presented dramatic proposals for the reform of the New York state court system. In resurrecting the problem of court reform, the Chief Judge focused in part on one particularly controversial area-the selection of the judiciary. New Yorkers, as well as many other Americans, have become increasingly cognizant of the problem of inefficient administration of the judicial system by some of our nation's state and federal judges. A full …
The New York City Housing Receivership And Community Management Programs, Mark Grossman
The New York City Housing Receivership And Community Management Programs, Mark Grossman
Fordham Urban Law Journal
Each year New York City landlords abandon buildings containing an estimated 10,000 apartments, forcing tenants to leave as the ownerless buildings plunge into decay. At least half of these buildings are structurally solid and might last several more decades if not abandoned. Most are found in areas where "problem" buildings- buildings which have a potential for abandonment- will most likely be found. New York City has instituted a number of programs for dealing with buildings which are headed toward abandonment. They include code-enforcement, emergency repair and receivership programs, foreclosure for nonpayment of property taxes, and rehabilitation programs involving municipal loans, …
Title Vii Of The Civil Rights Act Of 1964- Seniority Provisions Of Union Collective Bargaining Agreement Held Controlling Over Eeoc Affirmative Action Hiring Program. Jersey Central Power & Light Co. V. Local 327, Ibew, 508 F.2d 687 (3d Cir. 1975)., Ira E. Goldberg
Fordham Urban Law Journal
Plaintiff, Jersey Central Power & Light Company (Jersey Central), a large public utility, was economically forced to announce a series of plant wide layoffs. The collective bargaining agreement in force between Jersey Central and various unions required that layoffs be conducted in reverse order of seniority, i.e., the last person hired is the first person to be fired. A conciliation agreement among Jersey Central, the unions and the Federal Equal Employment Opportunity Commission (EEOC) called for the company to begin an affirmative action program designed to increase employment opportunities for women and minority workers. Plaintiff sought a declaratory judgment in …
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 …
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 …