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Articles 1 - 30 of 43
Full-Text Articles in Law
'Just Take Away Their Guns': The Hidden Racism Of Terry V. Ohio, Adina Schwartz
'Just Take Away Their Guns': The Hidden Racism Of Terry V. Ohio, Adina Schwartz
Fordham Urban Law Journal
This Article argues that in formulating standards for stops and frisks, courts, police department and other policy makers should consider: whether and to what extent blacks are more frequently stopped and frisked than whites, whether and to what extent this disparity reflects police racial bias, and the nature and extent of the results negative effects. The Article provides an overview of the decision in US v. Terry and its impact on subsequent case law. It focuses on Terry's ambivalent position on race relations, and posits that its empirical contention about the law's inevitable inefficacy against racist abuse of the stop …
The Circuit Split On Title Vii Personal Supervisor Liability, Ming K. Ayvas
The Circuit Split On Title Vii Personal Supervisor Liability, Ming K. Ayvas
Fordham Urban Law Journal
This Note examines the competing rationales for and against individual supervisor liability under Title VII, and concludes that supervisor liability is the better reasoned view. It explains how courts construe the term "employer" to either allow or disallow direct supervisor liability. It discusses the rationales for and against individual supervisor liability. It concludes that individual supervisor liability is the better reasoned view, on construction, policy and comparative grounds, and proposes joint and several liability for supervisors and employers in all Title VII cases, which will clarify when respondeat superior liability is appropriate under Title VII. This proposal will deter Title …
Persistent Misconceptions: A Response To Robert Hammel, Janet Eriv
Persistent Misconceptions: A Response To Robert Hammel, Janet Eriv
Fordham Urban Law Journal
In this response to Robert Hammel's Some Reflections on New York City's Disability Law, the author intends to show that the assumptions underlying Hammel's reflect paternalistic and attitudinal problems that disability law was meant to counteract. The author first provides an overview of civil rights law to argue that disability law fits into traditional anti-discrimination law. The article then examines specific concepts central to disability law, and argues that the federal experience of disability law may be useful in interpreting New York City's disability law. The article then challenges specific contentions offered by Hammel, and argues that his conclusions are …
An Executive's Lesson In The Law From A Typical Business Encounter, Harold A. Segall
An Executive's Lesson In The Law From A Typical Business Encounter, Harold A. Segall
Fordham Urban Law Journal
This Article recommends that business executives consider potential legal problems when entering into business transactions. It argues that the American civil legal system is unsatisfactorily costly, slow and risky. The Article provides examples of the perils of litigation and explains that business executives can avoid these perils by anticipating potential legal problems. The Article argues that the successful business executive must find a way to balance an optimistic, entrepreneurial spirit with a lawyerlike way of considering potential future problems. Similarly, the proper role of a commercial lawyer is to provide judgment and practical advice, as well as legal expertise.
An Executive's Lesson In The Law From A Typical Business Encounter, Harold A. Segall
An Executive's Lesson In The Law From A Typical Business Encounter, Harold A. Segall
Fordham Urban Law Journal
This Article recommends that business executives consider potential legal problems when entering into business transactions. It argues that the American civil legal system is unsatisfactorily costly, slow and risky. The Article provides examples of the perils of litigation and explains that business executives can avoid these perils by anticipating potential legal problems. The Article argues that the successful business executive must find a way to balance an optimistic, entrepreneurial spirit with a lawyerlike way of considering potential future problems. Similarly, the proper role of a commercial lawyer is to provide judgment and practical advice, as well as legal expertise.
Perspectives On Human Nature And Their Implications For Business Organizations, Lewis D. Solomon
Perspectives On Human Nature And Their Implications For Business Organizations, Lewis D. Solomon
Fordham Urban Law Journal
Employing psychological principles to reform the structure and agendas of business organizations increases employee fulfillment. This Essay proposes changes in corporate structure in order to nurture employee's mental health in a way that also benefits companies by resulting in greater employee productivity. This Essay argues that the decentralization of business organizations and greater employee involvement in decision-making will improve both quality of life and the environment.
Welfare Reform Within A Changing Context: Redifining The Terms Of The Debate, Mary Brynar Sanger
Welfare Reform Within A Changing Context: Redifining The Terms Of The Debate, Mary Brynar Sanger
Fordham Urban Law Journal
This Essay explains the evolution of various approaches to welfare, assesses the efforts under the Family Support Act and reviews the principal findings of welfare research to evaluate the success of alternative program strategies. It explains the evolution of various approaches toward welfare before the mid-1990s. It then describes reforms instituted 1988 and reviews the dynamics of welfare caseloads and benefits of those programs. This Essay reviews the research findings in welfare reform's critical areas: those that seek to alter benefit structures and eligibility, and those that seek to alter fertility behavior through both incentive and punitive models. The Essay …
Modifying The Escalera Consent Decree: A Case Study On The Application Of The Rufo Test, Valerie D. White
Modifying The Escalera Consent Decree: A Case Study On The Application Of The Rufo Test, Valerie D. White
Fordham Urban Law Journal
This Note argues that modifying the Escalera degree is appropriate under Rufo and would allow NYCHA to maintain a safe environment for its residents. It expains the standard used in modifying a consent decree, pre- and post-Rufo, as well as the difficulties in applying the Rufo test. It traces the history of the Escalera Consent Decree, outlines the arguments for and against modification, and applies Rufo to the proposed modification of Escalera, arguing that modification is appropriate because the facts have changed significantly since the Decree was signed, and the modification sought is appropriately tailored to those changed circumstances.
The Brown V. Giuliani Injunction: Combating Bureaucratic Disentitlement, Maria Fazzolari
The Brown V. Giuliani Injunction: Combating Bureaucratic Disentitlement, Maria Fazzolari
Fordham Urban Law Journal
This Comment supports the preliminary injunction decision in Brown v. Giuliani, and demonstrates why judicial intervention is appropriate in welfare litigation to protect the constitutional rights of welfare recipients. It describes the New York City welfare administration system and its statutory framework, detailing the bureaucratic problems facing the system. It also describes "bureaucratic disentitlement," whereby largely obscure administrative proceedings function to effectively delay of deny welfare payments to eligible recipients. It examines the traditional judicial remedies and their general impotence in combating bureaucratic disentitlement, and the preliminary injunction decision granted in Brown and the justiciability of separation of powers issues …
Constitution Notwithstanding: The Political Illegitimacy Of The Death Penalty In American Democracy, Stephen H. Jupiter
Constitution Notwithstanding: The Political Illegitimacy Of The Death Penalty In American Democracy, Stephen H. Jupiter
Fordham Urban Law Journal
This Comment argues that the death penalty is inconsistent with underlying principles of American democracy and is thus illegitimate as a matter of political philosophy, despite its conceded constitutionality. It analyzes the Supreme Court's idiosyncratic treatment of challenges to capital punishment on grounds of due process, equal protection and cruel and unusual punishment, demonstrating the unreliability of such challenges. It examines in detail the death penalty's political implications for the American system of democracy and why those implications render capital punishment illegitimate in our society. It discusses the role of the political process in the abolition of the death penalty. …
Sica: The First Twenty Years, Constantine N. Katsoris
Sica: The First Twenty Years, Constantine N. Katsoris
Fordham Urban Law Journal
This Article provides a broad overview of the topic of securities arbitration. It expresses the views of litigants from both sides of the spectrum. It argues that the public must trust in the integrity of the SRO (self-regulatory organization) arbitration process for securities arbitration to remain the basically mandatory system that it is today. The Article traces the evolution of arbitration rules in effect at various SROs. It then examines the Uniform Code of Arbitration in detail, and the SRO Codes. It explores the role of the American Arbitration Association (AAA), the NYSE Symposium, the Ruder Report and the Role …
The Judicial System & Equality In Schooling, Frank J. Macciarola, Dorothy Kerzner Lipsky, Alan Gartner
The Judicial System & Equality In Schooling, Frank J. Macciarola, Dorothy Kerzner Lipsky, Alan Gartner
Fordham Urban Law Journal
This Article examines how the concept of equality has played out in the efforts of the courts to define student rights in several important areas. These include school prayer and flag salutation, racial discrimination and cases concerning students with learning disabilities. The Article examines how differences in these areas are first conceptualized and then addressed by the courts. This Article discusses good school practices and addresses the educational methods which have been proven to be effective. The common thread in effective educational doctrine is that programs which integrate and include students are often the most effective education method on many …
Equality, Liberty, And A Fair Income Tax, Marjorie E. Kornhauser
Equality, Liberty, And A Fair Income Tax, Marjorie E. Kornhauser
Fordham Urban Law Journal
This Article summarizes various formal theories of justice and of income taxation. It explores the nature of the American perception of justice. First, it provides an overview of the two political concepts that have shaped our country—liberty and equality. It then summarizes the American tradition, labeled "moral economic individualism," that articulates the meanings of liberty and equality that resonate most strongly within the national psyche. It surveys empirical evidence of American beliefs about distributive justice and taxation. The Article concludes that American beliefs in liberty and equality support a mildly progressive hybrid income-consumption tax, rather than a pure income tax …
A Perspecive On "Temper In The Court: A Forum On Judicial Civility", Norman L. Greene
A Perspecive On "Temper In The Court: A Forum On Judicial Civility", Norman L. Greene
Fordham Urban Law Journal
This Essay focuses on the issue of judicial civility, which is not about the merits of any particular decision or an improvement in decision-making, but an aim to improve the tone of justice in the courts. Despite the fact that the Code of Judicial Conduct mandates temperance as part of a judge's job, abusive judge behavior has become too common.
New Strategies For Combatting Crime In New York City, William J. Bratton
New Strategies For Combatting Crime In New York City, William J. Bratton
Fordham Urban Law Journal
Lecture by the Commissioner of the New York Police Department. Remarks focused on why crime came down in New York City. It traces the history of policing before the 1970s, when police departments began to professionalize and the advent of community policing in the 1990s.
The Second Circuit Upholds Waste Management Systems In The Wake Of Carbone V. Clarkson: The Decisions In Usa Recycling, Inc. V. Town Of Babylon And Ssc Corp. V. Smithson, Colin A. Fieman
Fordham Urban Law Journal
This Article analyzes the Supreme Court's holding in Carbone and the issues left unresolved by the decision. It discusses how the Second Circuit addressed the constitutionality of the waste management systems at issues in Babylon and Smithtown in light of the Carbone decision and traditional commerce clause jurisprudence. Finally, it discusses the implications of the Second Circuit's decisions for other waste management systems. This Article concludes that although the Second Circuit has made considerable progress in clarifying the law in this area, it has left questions about the constitutionality of flow control unanswered.
Liberta Revisited: A Call To Repeal The Marital Examption For All Sex Offenses In New York's Penal Law, Cassandra M. Delamothe
Liberta Revisited: A Call To Repeal The Marital Examption For All Sex Offenses In New York's Penal Law, Cassandra M. Delamothe
Fordham Urban Law Journal
This Note argues that to fully protect victims of spousal sexual assault, the New York Legislature should codify the Liberta decision and repeal the marital exemption for all sex offenses. It outlines the history of the marital rape exemption and its evolution in New York. It discusses the Liberta decision and the barriers to effective prosecution of marital rape, such as the legal standard for "force," prosecutorial discretion in charging husbands, and gender bias in the courts. It gives policy arguments for a statutory amendment and offers a proposed statute to replace the current sex offenses section of the Penal …
Multiple Petty Offenses With Serious Penalties: A Case For The Right To Trial By Jury, Christine E. Pardo
Multiple Petty Offenses With Serious Penalties: A Case For The Right To Trial By Jury, Christine E. Pardo
Fordham Urban Law Journal
This Note outlines the history and development of the petty offense exception and the Supreme Court's jury trial entitlement jurisprudence. In particular, it discusses the fundamental principle of gauging criminal seriousness by the length of a penalty as authorized by statute. This Note sets out the Circuit split and explains why the courts are divided on the aggregation issue. It argues that courts must aggregate maximum penalties for multiple petty offenses charged together to accurately reflect legislative determinations of criminal seriousness. It also criticizes the use of pre-trial sentencing stipulations to circumvent trial by jury when it would otherwise be …
The First Forty Years Of The Commission On Human Rights, Marta B. Varela
The First Forty Years Of The Commission On Human Rights, Marta B. Varela
Fordham Urban Law Journal
This article provides a basic overview of the New York City Commission on Human Rights. It traces the history of the law of the Commission and argues that the Commission's investigative, mediative, prosecutorial, and adjudicatory powers are essential to New York's plan to eradicate housing discrimination.
Local Enforcement Of Laws Prohibiting Discrimination In Housing: The New York City Human Rights Commission, Michael H. Schill
Local Enforcement Of Laws Prohibiting Discrimination In Housing: The New York City Human Rights Commission, Michael H. Schill
Fordham Urban Law Journal
This article examines the problem of housing discrimination in New York City as well as the role of the Human Rights Commission in fighting illegally discriminatory practices. Part I describes the evidence demonstrating housing market discrimination and examines the harmful impact these practices have on many New Yorkers. Part II examines the New York City Human Rights Commission's battle against housing discrimination from its founding in 1955 to the present day. As part of this analysis, New York City's Human Rights Law is compared with analogous protections enacted by the State of New York and the federal government. Data on …
Where Does New York City Go From Here: Chaos Or Community?, Victor A. Bolden
Where Does New York City Go From Here: Chaos Or Community?, Victor A. Bolden
Fordham Urban Law Journal
This article argues that the New York City Human Rights Commission, thirty years after the Civil Rights Movement, must continue to racially desegregate New York City. It portrays this time as critical for whether New York City, in the words of Dr. Martin King Luther Jr., will promote racial chaos or community. The article first outlines the incentives in promoting community. In part II, the article contemplates two major barriers to community and finally, considers strategies for dismantling those barriers.
Some Thoughts And Reflections On The Fortieth Anniversary Of The New York City Human Rights Commission
Fordham Urban Law Journal
This article serves as a response to a previous article in this issue, entitled Local Law Enforcement of Laws Prohibiting Discrimination in Housing: The New York City Human Rights Commission, by Michael H. Schill. This article reflects the tripartite structure of Schill's, and comments on each of the three sections in turn: first, the article conducts an analysis of the statistical evidence of housing discrimination; second, this article contemplates the myriad consequences of discrimination on minority communities; finally, the paper concludes with a reflection on the future prospects of the Human Rights Commission in anti-discrimination law.
Who's Afraid Of The Human Rights Commission?, Burt Neuborne
Who's Afraid Of The Human Rights Commission?, Burt Neuborne
Fordham Urban Law Journal
This article undertakes an inquiry into the future direction of the New York City Human Rights Commission. In particular, the author imagines two future aims of the Commission, remedying past instances of discrimination and preventing future harm, and advocates a model that proposes a proper balance between the resources allocated to each goal. The author advocates for an expansion of the Commission's focus on preventative measures to deter discrimination by incentivizing employers to adopt precautionary measures, while narrowing remedial focus on guilty individuals.
Natives, Newcomers And Nativism: A Human Rights Model For The Twenty-First Century, Berta Esperanza Hernández-Truyol
Natives, Newcomers And Nativism: A Human Rights Model For The Twenty-First Century, Berta Esperanza Hernández-Truyol
Fordham Urban Law Journal
This article undertakes a broad overview of nativist sentiment and discrimination in U.S. social and legal history. Following a powerful vignette of a personal experience encountering nativism because of her accent, the author briefly reviews the history of the New York City Human Rights Commission in Part II. Part III traces the history of U.S. immigration and the parallel legacy of nativism, while Part IV details the legal developments arising from alienage discrimination. After reviewing relevant sources of international human rights law, the author concludes in Part VI by advocating a new human rights paradigm that will promote equality and …
The Greater Good: Broad Remedies For The Chosen Few, Or More Limited, But Accessible, Remedies For The Masses?, Alfred G. Feliu
The Greater Good: Broad Remedies For The Chosen Few, Or More Limited, But Accessible, Remedies For The Masses?, Alfred G. Feliu
Fordham Urban Law Journal
This article supports an approach espoused by Burt Neuborne in Who's Afraid of the Human Rights Commission. In concurring with Neuborne's approach that the Commission should focus its resources on discrimination prevention over remedy, this article seeks in Part I to bolster Neuborne's approach to re-thinking Commission enforcement paradigms. In particular, the author analogizes the human rights problem to other areas of law and concludes that a pre-event model of preventative measures is the better paradigm for the Commission. In Part II, the author harmonizes this discussion by providing new proposals for the Commission's shifting paradigm on human rights enforcement.
Limiting Respondeat Superior Liability: A Wolf In Sheep's Clothing?, Tracy E. Higgins
Limiting Respondeat Superior Liability: A Wolf In Sheep's Clothing?, Tracy E. Higgins
Fordham Urban Law Journal
In this response to Burt Neuborne's Who's Afraid of the Human Rights Commission, the author seeks to challenge many of the assumptions underlying Neuborne's model calling for increased focus on preventative measures by the Human Rights Commission. In Part I, the author addresses Neuborne's moral arguments and concludes that he undermines the ability of sanctions to deter future conduct. In Part II, the article suggests that although the Human Rights Commission is faced with fewer resources, Neuborne's model for increased preventative enforcement resources would have only a limited impact on employers and would undermine significantly the remedial purpose of human …
Some Reflections On New York City's Disability Law, Robert Hammel
Some Reflections On New York City's Disability Law, Robert Hammel
Fordham Urban Law Journal
The article provides a broad overview of general disability law, and the distinctive features of New York City's disability law. The author introduces American human rights law as distinct in that it does not purport to advance the needs of the disabled, but merely penalizes individuals found to discriminate against them. After providing a definition of disability discrimination by drawing parallels to race, the article outlines the impacts of New York City's uniquely broad definition of disability. Finally, the author draws on case studies to illustrate the problems in fashioning remedies for discrimination violations.
Some Reflections On New York City's Disability Law, Robert Hammel
Some Reflections On New York City's Disability Law, Robert Hammel
Fordham Urban Law Journal
The article provides a broad overview of general disability law, and the distinctive features of New York City's disability law. The author introduces American human rights law as distinct in that it does not purport to advance the needs of the disabled, but merely penalizes individuals found to discriminate against them. After providing a definition of disability discrimination by drawing parallels to race, the article outlines the impacts of New York City's uniquely broad definition of disability and concludes that the disabled are inevitably given less relief than a model which understands their needs, while at the same time the …
Dignity And Non-Discrimination: The Requirement Of "Reasonable Accommodation" In Disability Law, James J. Weisman
Dignity And Non-Discrimination: The Requirement Of "Reasonable Accommodation" In Disability Law, James J. Weisman
Fordham Urban Law Journal
In his response to Robert Hammel's article Some Reflections on New York City's Disability Law, the author seeks to undermine the basic assumptions underlying Hammel's piece. The article first distinguishes preferential treatment of the disabled from providing people with disabilities the means to use resources equally ("reasonable accommodation"), and the author criticizes Hammel's conflation of the two. The article then argues against Hammel's depiction of New York City's definition of disability as unnecessarily broad. Finally, the author concludes that disability statutes aim to provide equal opportunity for people with disabilities, not to provide every one of their needs, in contrast …
The Application Of Civil Rights Laws To Housing Cooperatives: Are Co-Ops Bastions Of Discriminatory Exclusion Or Self-Selecting Models Of Community-Based Living?, Rosemarie Maldonado, Robert D. Rose
The Application Of Civil Rights Laws To Housing Cooperatives: Are Co-Ops Bastions Of Discriminatory Exclusion Or Self-Selecting Models Of Community-Based Living?, Rosemarie Maldonado, Robert D. Rose
Fordham Urban Law Journal
Despite one of the nation's broadest civil rights laws for residents of housing cooperatives, few of New York City's discrimination claims in the cooperative housing market are pursued. In this article, the authors provide an overview of the cooperative housing market in New York City, including anecdotal evidence of discrimination. Next, the article discusses the legal framework of the housing cooperative before a brief analysis of city, state and federal anti-discrimination laws applicable to cooperatives. Finally, the article undertakes an analysis of cases in which antidiscrimination laws have been applied to cooperatives. The author concludes with recommendations for cooperatives and …