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Articles 1 - 30 of 34
Full-Text Articles in Law
Toward A Model Whistleblowing Law, John D. Feerick
Toward A Model Whistleblowing Law, John D. Feerick
Fordham Urban Law Journal
The current state and local whistleblowing laws in New York provide inadequate protection for employees against employer retaliation in the public and private sector. These laws must be reformed so that employees can enjoy sufficient protection from employer retaliation, and so that a high standard of fairness, responsibility and honesty can be promoted throughout New York State and New York City.
The Duty Of Fair Representation Under The Taylor Law: Supreme Court Development, New York State Adoption And A Call For Independence, Vincent Martin Bonventre
The Duty Of Fair Representation Under The Taylor Law: Supreme Court Development, New York State Adoption And A Call For Independence, Vincent Martin Bonventre
Fordham Urban Law Journal
The duty of fair representation in labor negotiations was born in Supreme Court case law to protect against racial discrimination and as a bastion of individuals’ interests during exclusive union representation in the collective bargaining process. The law later became as much a prescription for deference to unions as a protector from arbitrary union rule. As it currently stands, the law has become a minimal safeguard against wholly irrational and invidious union conduct far from the original guarantee of competent and committed union representation. Almost 25 years after the Supreme Court recognized a duty of fair representation in federal labor …
A Modest Proposal To End Gun Running In America, Jeremy Travis, William Smarrito
A Modest Proposal To End Gun Running In America, Jeremy Travis, William Smarrito
Fordham Urban Law Journal
Gun violence is a serious issue in our society. However, finding common ground between those who favor, and those who oppose, gun control can be a difficult task. Mayor David Dinkins and the Police Department propose a four prong solution that would pave a middle ground acceptable to most individuals. (1) put teeth into the existing federal regulations concerning those proscribed from purchasing a gun, (2) limit interstate shipment of firearms only to those federal firearms dealers who show that they have complied with any existing local firearms dealer requirements; (3) provide tracing capabilities for interstate shipments of weapons; and …
Introduction: Report Of The New York State Judicial Commission On Minorities, Sol Wachtler
Introduction: Report Of The New York State Judicial Commission On Minorities, Sol Wachtler
Fordham Urban Law Journal
The Report of the New York State Judicial Commission on Minorities is the culmination of a three and one-half year study begun in 1988 to advise of ways in which the court system can more effectively achieve fair and equal treatment for all in the justice system. The court system will aim to implement the recommendations made by the commission in an attempt to rectify these troubling issues.
Bias Crime: A Call For Alternative Responses, Abraham Abramovsky
Bias Crime: A Call For Alternative Responses, Abraham Abramovsky
Fordham Urban Law Journal
The argument for enacting laws to punish and deter bias crime does not always benefit from clear and unambiguous examples of bias driven murder. A frustrating factor in some of the widely publicized reports of bias-related assault is the element of ambiguity: where a member of one race or religion injures a member of another race or religion, even perhaps articulating the difference between attacker and victim by means of an expletive or other statement, the question inevitably arises whether the attack was the product of bias alone, or did other factors, such as an intent to rob or rape, …
State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank
State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank
Fordham Urban Law Journal
The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what con- stitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly trouble- some to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legisla- tion preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for pur- …
Promoting Fairness: A Proposal For A More Reasonable Standard Of Constructive Discharge In Title Vii Denial Of Promotion Cases , Richard M. Deagazio
Promoting Fairness: A Proposal For A More Reasonable Standard Of Constructive Discharge In Title Vii Denial Of Promotion Cases , Richard M. Deagazio
Fordham Urban Law Journal
The constructive discharge rule states that if intolerable working conditions associated with the employer's discrimination force the employee to resign, then the employee will be considered to have been "constructively" discharged on the date of resignation. The employee will be treated as if he or she had been fired by the employer and therefore is eligible for remedies traditionally associated with wrongful termination, such as reinstatement and backpay past the date of "discharge." If the employee has not been constructively discharged, then under the general rule the employee will only be entitled to preresignation backpay. In examples similar to this …
The Viability Of The Copyright Misuse Defense, David Scher
The Viability Of The Copyright Misuse Defense, David Scher
Fordham Urban Law Journal
Under the equitable doctrine of "unclean hands," courts will deny an otherwise meritorious claim where the claimant has acted so improperly that the need to punish the claimant’s wrongful behavior outweighs the need to punish the defendant’s allegedly unlawful conduct. The principle underlying the doctrine is that equity presumes harm when an unclean plaintiff obtains relief; consequently, one who desires justice must come into court with a “clean slate.” The theory of intellectual property misuse, which stems from the “unclean hands” doctrine, prevents a plaintiff from enforcing an intellectual property right if that plaintiff is guilty of misconduct with respect …
Foreword: Report Of The New York State Judicial Commission On Minorities, James C. Goodale
Foreword: Report Of The New York State Judicial Commission On Minorities, James C. Goodale
Fordham Urban Law Journal
Unfortunately, racism is still incredibly present in the New York State Court System, as found by the New York State Commission on Judicial Minorities. The Commission based its findings on academic research and anecdotal evidence. The commission cites examples like use of racist terminology by court employees as well as segregated locker rooms. To remedy this issue, the Commission recommends (1) the expanded hiring of minorities and (2) promotion decisions that do not discriminate against minorities.
Report Of The New York State Judicial Commission On Minorities
Report Of The New York State Judicial Commission On Minorities
Fordham Urban Law Journal
The Commission was given a three-fold mandate to study how (1) court participants and the public at large perceive minority treatment in the New York Court System; (2) the representation of minorities in non-judicial staff positions within the court system; and (3) the number of minorities, both elected and appointed, in judicial positions in New York. The Commission recommended a milieu of changes to address the problems of racism in the court system and proposed another commission-- with a five year mandate-- be created to implement these recommendations, further analyze and collect data on race and the court system, and …
Has Connecticut Thrown Out The Baby With The Bath Water? Termination Of Parental Rights And In Re Valerie D., Jennifer M. Mone
Has Connecticut Thrown Out The Baby With The Bath Water? Termination Of Parental Rights And In Re Valerie D., Jennifer M. Mone
Fordham Urban Law Journal
This Note focuses on the termination of parental rights in the context of drug-addicted parents. Termination of parental rights has been characterized as a unique kind of deprivation which has the effect of ending a fundamental liberty interest. In In re Valerie D., Connecticut has established a new precedent in the area of termination of parental rights by holding that parental rights may be terminated at birth solely on the basis of prenatal conduct. This Note discusses Valerie D. in the context of the governmental obligation to promote family integrity and the penumbra of rights residing in the parents, the …
The Domestic Violence Component Of The New York Task Force Report On Women In The Courts: An Evaluation And Assessment Of New York City Courts, Sarah Eaton, Ariella Hyman
The Domestic Violence Component Of The New York Task Force Report On Women In The Courts: An Evaluation And Assessment Of New York City Courts, Sarah Eaton, Ariella Hyman
Fordham Urban Law Journal
This piece contains the findings of a survey conducted to evaluate the impact of the New York Task Force On Women in the Court's Report in the area of domestic violence and of the progress that has taken place since the Report's publication. The authors hope to provide insight not only into the next steps that should be taken in New York City, but also into the most effective methods of implementing change to combat bias against women in the courtroom. The authors conclude that although progress has been made in the area of combating bias against women in the …
Environmental Review And Economic Development: A Modest Proposal, Howard Goldman
Environmental Review And Economic Development: A Modest Proposal, Howard Goldman
Fordham Urban Law Journal
Environmental Review requires government, whenever taking discretionary action, consider the consequences on the environment. This essay briefly explores what exactly environmental review is and advocates for the exporting of the New York versions of Environmental Review requirements to all trading nations across the world.
The New York City Campaign Finance Program: A Reform That Is Working, Nicole A. Gordon, Hyla Pottharst Wagner
The New York City Campaign Finance Program: A Reform That Is Working, Nicole A. Gordon, Hyla Pottharst Wagner
Fordham Urban Law Journal
Campaign finance programs, such as New York City's, limit the influence of private money on candidates and come at a relatively modest cost to taxpayers. Campaign finance reform programs, thus, increase the extent to which elections are truly competitive. During a fiscal crisis, we therefore have an even greater need for campaign finance reform and the meaningful democratic elections that reform fosters to ensure that voters generally, rather than special interests, dictate how scarce resources should be allocated. Reform is also necessary to give voters the confidence that their elected officials represent them, and not just wealthy donors, particularly in …
Hiv And The Need For A Voluntarist Approach, David A. Hansell, Esq.
Hiv And The Need For A Voluntarist Approach, David A. Hansell, Esq.
Fordham Urban Law Journal
After a decade of fighting AIDS, the public health community has come to recognize that strategies to combat the infection must be premised on voluntarism and not on coercion. Attempts to combat AIDS with coercive public health strategies stem from a desire to force AIDS into an ill-fitting traditional disease-response framework, overlooking the differences between HIV and other sexually transmitted diseases, including the limitations in available treatment modalities for HIV. A return to such a cramped, narrowly-medicalized view of the AIDS epidemic has enormous social implications and a coercive strategy would frustrate efforts to stem the spread of the disease. …
The Urban Crisis And The Federal Government's Retreat: Catalyzing Public Policy Choices To Save Our Cities, David R. Jones
The Urban Crisis And The Federal Government's Retreat: Catalyzing Public Policy Choices To Save Our Cities, David R. Jones
Fordham Urban Law Journal
Sections of our cities have been abandoned to a host of poverty-related social ills whose causes have as much to do with the state of the national and regional economies, structural changes in the job market, and political decision-making as they have to do with individual life-histories and personal misfortune. Bleak outcomes are not inevitable and can be reversed by understanding why faulty policy options were adopted and what it will take to formulate new policies. This essay argues for the need of proactive solutions like in combating our urban povery problem by using, (1) a "Marshall Plan" for cities, …
The Dialectics Of Change: The New York City Health And Hospitals Corporation At A Crossroad, Edna Wells Handy
The Dialectics Of Change: The New York City Health And Hospitals Corporation At A Crossroad, Edna Wells Handy
Fordham Urban Law Journal
New York City Mayors have long struggled with what to do with the New York City Health and Hospital Corporation ("HHC"). HHC is neither a city agency nor a department; nor is it a true public benefit corporation or authority. Given recent problems faced by HHC, like the AIDS crisis, evaporating public funding, a shrinking pool from which to hire employees, the movement to make HHC more accountable and connected with city government has grown. This article argues that to fully take advantage of the potential that HHC has, the opposite should be done: HHC should be allowed to vest …
Making Government Work, Robert W. Linn, Karen Flisek
Making Government Work, Robert W. Linn, Karen Flisek
Fordham Urban Law Journal
For a city or state government to be viable in the last decade of the 20th century, elected leaders must view modern management as a crusade. The work force must receive fair and equitable compensation, and all must be committed to constant quality improvement. Newspapers, magazines, radio and television must report the success stories and the failures. Taxpayers must understand that government services can improve, and the leaders must be held accountable. This is possible throughout the country but it will not happen unless an educated electorate demands it and the elected officials understand the stakes and urgency involved.
Lawyers In The Public Service And The Role Of Law Schools, Frank J. Macchiarola, Joseph Scanlon
Lawyers In The Public Service And The Role Of Law Schools, Frank J. Macchiarola, Joseph Scanlon
Fordham Urban Law Journal
Law schools should recognize and maximize their opportunity to work in public service. Law schools have an obligation to recognize a causal link between legal education and value learned through the law school experience and the tremendous effect that this training can have on the community. This essay examines the history of the traditional law school curriculum and poses practical and philosophical suggestions for the improvement of existing course work towards the public good. Next, the essay examines the community beyond the walls of the school as a source of instruction and finally, argues that a more expansive definition of …
The Question Of Family: Lesbians And Gay Men Reflecting A Redefined Society, Libby Post
The Question Of Family: Lesbians And Gay Men Reflecting A Redefined Society, Libby Post
Fordham Urban Law Journal
The cutting edge issue in the gay community is now the fight for domestic partnership rights. The absence of domestic partnership rights have resulted in the unequal treatment of an entire class of citizens, with gays and lesbians routinely denied jobs, housing, economic benefits such as health care, insurance, public accommodations, and may even result in these individuals being fired or facing eviction solely because of their sexual orientation. The author argues that to rectify these injustices, we must redefine the definition of family to be more in line with that used in New York's Braschi v. Stahl Assocs. Co., …
Infomercials, Deceptive Advertising And The Federal Trade Commission, W.H. Ramsay Lewis
Infomercials, Deceptive Advertising And The Federal Trade Commission, W.H. Ramsay Lewis
Fordham Urban Law Journal
Recently, there has been growing concern among consumers, broadcasters and the Federal Trade Commission that infomercials may be a form of deceptive advertising. This note applies Federal Trade Commission guidelines to the infomercial format and concludes that infomercials are precariously close to violating commonly held standards for deceptive advertising. This note advocates that the Federal Trade Commission promulgate new standards requiring infomercials to identify themselves to consumers at all times as paid advertisements, so as to reduce the risk of consumers being unfairly fooled by advertisers.
School Vouchers: Are Urban Students Surrendering Rights For Choice? , Carol L. Ziegler, Nancy M. Lederman
School Vouchers: Are Urban Students Surrendering Rights For Choice? , Carol L. Ziegler, Nancy M. Lederman
Fordham Urban Law Journal
The introduction last spring of President Bush's America 2000 Excellence in Education Act to underwrite state and local programs which provide vouchers to enable parents to choose public, private or religious schooling for their children, has moved "school choice" to the forefront of the national education reform agenda. Nowhere is this more prevalent than in urban centers, where the breakdown of the public education system has been the focus of considerable attention and debate. The privatization of education in New York City, using vouchers, would mean the loss of legally defined procedural and participatory rights for students and parents, as …
What Do You Mean My Partnership Has Been Petitioned Into Bankruptcy?, Karen E. Blaney
What Do You Mean My Partnership Has Been Petitioned Into Bankruptcy?, Karen E. Blaney
Fordham Urban Law Journal
Bankruptcy law regarding partnerships differs from the law pertaining to individuals and corporations. Only a partnership can be involuntarily petitioned into bankruptcy by individuals within the organization. Involuntary petitions can be used by general partners as bargaining chips, and may encourage partners who can personally benefit from filing to do so, even if the act would be detrimental to the partnership. Under present bankruptcy law, an involuntary petition may be commenced against a partnership by fewer than all of the general partners in such partnership. In comparison to prior bankruptcy provisions governing a partner's involuntary petition against the partnership, the …
Dispelling The Myths About The "Battered Woman's Defense:" Towards A New Understanding, Michael Dowd
Dispelling The Myths About The "Battered Woman's Defense:" Towards A New Understanding, Michael Dowd
Fordham Urban Law Journal
This essay explores the growth of the use of self-defense by battered women from a historical perspective in order to explain the magnitude of the prejudices these defendants face. The essay suggests that a redefinition of Battered Woman's Syndrome will ease much of the criticism from feminists and eliminate the confusion in the legal profession surrounding the use of self-defense by battered women. The essay also pushes for a redefinition of the concept of "imminence" to encompass the realities of a battered woman's life.
Of Boroughs, Boundaries And Bullwinkles: The Limitations Of Single-Member Districts In A Multiracial Context, Judith Reed
Of Boroughs, Boundaries And Bullwinkles: The Limitations Of Single-Member Districts In A Multiracial Context, Judith Reed
Fordham Urban Law Journal
This essay examines the 1991 New York Ciity Council districting, with particular focus on the problems inherent in districting a multiracial city and the limitations of single member districts as a method of minority empowerment. The essay examines specific New York City Council districts that contain more than one minority group and concludes that electing council members from at-large, borough-wide districts by cumulative voting is a more effective districting strategy to structure majoritarian collective decision-making bodies that ensure meaningful minority interest representation and participation. .
Giving Women The Benefit Of Equality: A Response To Wirenius, Tracy Higgins
Giving Women The Benefit Of Equality: A Response To Wirenius, Tracy Higgins
Fordham Urban Law Journal
This essay offers a feminist response to Mr. Wirenius’s provocative critique of Professor MacKinnon. Whether supporting or opposing pornography regulation, feminist legal scholars tend to approach the issue from neither of the traditional positions – First Amendment absolutist or moral censor. Rather, a feminist approach to pornography is informed by an understanding of the profound harm that pornography can and does inflict upon women. Consequently, even for feminists who many oppose pornographic regulation, the choice is not an obvious one, as it seems to be for Mr. Wirenius, between the good of civil libertarianism and the evil of totalitarianism. An …
Five Year Report Of The New York Judicial Committee On Women In The Courts, The Judicial Committee On Women In The Courts
Five Year Report Of The New York Judicial Committee On Women In The Courts, The Judicial Committee On Women In The Courts
Fordham Urban Law Journal
In response to a report submitted by the Judicial Committee on Women, which concluded gender bias to be a "pervasive problem" in the New York State Court System, a Task Force was created to implement the recommendations of that committee. The Five Year Report is a summary of the work done by the Committee and notes the progress made in the fight for more gender equality in our courts. The Committee concluded that although significant progress has been made, there is still a long way to go in the fight for gender equality.
Introduction: Big Cities, Big Problems: Solutions For The 1990s
Introduction: Big Cities, Big Problems: Solutions For The 1990s
Fordham Urban Law Journal
Introduction to the issue containing essays submitted in conjunction with the First Annual Stein Center Symposium on Contemporary Urban Challenges, Big Cities, Big Problems: Solutions for the 1990s.
New York City Zoning -- 1961-1991: Turning Back The Clock -- But With An Up-To-The-Minute Social Agenda, Norman Marcus, Esq.
New York City Zoning -- 1961-1991: Turning Back The Clock -- But With An Up-To-The-Minute Social Agenda, Norman Marcus, Esq.
Fordham Urban Law Journal
Since the last update over 30 years ago, there is a need to once again change our zoning laws. Over the years, societal concerns and priorities have fluctuated with the times and, as a result, exceptions have been made to the zoning regulations which reflect these changing social interests. The result is a Zoning Resolution which stands at 806 pages (and still counting). It is an ad-hoc, convoluted, chaotic non-plan for the City, held together by binders rather than a common vision. This essay examines the zoning history of New York City and concludes that a new Comprehensive Reassessment, which …
A Case Study In Fiscal Federalism: New York City And New York State, Carol O'Cleireacain
A Case Study In Fiscal Federalism: New York City And New York State, Carol O'Cleireacain
Fordham Urban Law Journal
This essay argues that under the current system of American state and local government funding schemes, there is a permanent imbalance between revenues and expenditures as a result of strain placed on local governments by other levels of government which can only be fixed with actions take by these other levels of government. This essay examines the current structure of American "Fiscal Federalism", the recent experience of America's cities with Fiscal Federalism (particularly New York), changing relationship between city and state government, and Governor Mario Cuomo's proposal for a phased-in takeover of Medicaid spending. The author concludes that the Governor's …