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Fordham Law School

1991

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Articles 121 - 147 of 147

Full-Text Articles in Law

Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf Jan 1991

Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf

Fordham Urban Law Journal

“Half a century ago, in the Housing Act of 1949, Congress declared optimistically that every American should have access to safe, decent, affordable housing.3 In an effort to realize that ambitious objective, federal lawmakers have devised and bureaucrats have implemented a wide array of housing schemes. One commentator has provided nine categories for what he deems the ‘bewildering variety of housing-related programs:’ 1. a federally regulated mortgage finance system; 2. mortgage insurance; 3. interest rate subsidies to home owners, developers, and landlords; 4. tax deductions for mortgage interest; 5. special depreciation allowances for rental housing; 6. low-rent public housing; 7. …


Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney Jan 1991

Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney

Fordham Urban Law Journal

Gentrification, the influx of high-income dwellers into low-income neighborhoods, has in the past decade become a serious cause of concern to low-income tenants in older American cities. Although gentrification has had some positive effects, one important negative effect has been the displacement of existing neighborhood residents. Various schemes have been suggested to combat displacement caused by gentrification. One strategy entails seeking legislative relief in the form of rent control and condominium-conversion laws to directly curb the influx of high-income residents; another makes use of rent vouchers and public housing to ameliorate the effects of displacement. This Article analyzes an alternative …


Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf Jan 1991

Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf

Fordham Urban Law Journal

“Half a century ago, in the Housing Act of 1949, Congress declared optimistically that every American should have access to safe, decent, affordable housing.3 In an effort to realize that ambitious objective, federal lawmakers have devised and bureaucrats have implemented a wide array of housing schemes. One commentator has provided nine categories for what he deems the ‘bewildering variety of housing-related programs:’ 1. a federally regulated mortgage finance system; 2. mortgage insurance; 3. interest rate subsidies to home owners, developers, and landlords; 4. tax deductions for mortgage interest; 5. special depreciation allowances for rental housing; 6. low-rent public housing; 7. …


Integrity And Ethical Standards In New York State Government: Final Report To The Governor, New York State Commission On Government Integrity Jan 1991

Integrity And Ethical Standards In New York State Government: Final Report To The Governor, New York State Commission On Government Integrity

Fordham Urban Law Journal

September 1990 letter from the New York State Commission on Government Integrity to Governor Mario M. Cuomo. “This letter constitutes the final report of the Commission on Government Integrity. The Commission was created by Executive Order 88.1 and directed to examine a wide variety of subjects concerning government integrity in New York State. Since its inception, the Commission has submitted 20 reports containing specific recommendations for reform of New York laws, regulations and procedures. Some of these recommendations can be implemented by executive order; others require action by the New York State Legislature. Most of the recommendations would impose no …


Tenements And Takings: Tenement House Department Of New York V. Moeschen As A Counterpoint To Lochner V. New York, Judith A. Gilbert Jan 1991

Tenements And Takings: Tenement House Department Of New York V. Moeschen As A Counterpoint To Lochner V. New York, Judith A. Gilbert

Fordham Urban Law Journal

“The sharp rightward shift in land use law, and particularly in ‘takings’ jurisprudence, in the 1980s prompted anguished responses from advocates of government regulation who characterized the trend as a ‘return to the good old days of Locke and Lochner,’ ‘the Reagan Revolution's Lochnerian [r]eturn,’ ‘a revival of decisions like Lochner,’ ‘origins [in] the set of beliefs associated with the Lochner era,’ and ‘Back to the Future: From Nollan to Lochner.’ Critics were reacting in particular to an ominous alignment in the constitutional heavens: a constellation of United States Supreme Court decisions restricting the ability of state and local governments …


Customary Law In A New South Africa: A Proposal, Lynn Berat Jan 1991

Customary Law In A New South Africa: A Proposal, Lynn Berat

Fordham International Law Journal

This Article explores avenues open to South African politicians and jurists in their search for a more equitable South Africa. Part I examines the international position of customary law. Part II considers the treatment of customary law elsewhere in Africa and gives particular attention to unification of laws and legal systems. Part III reviews the experiences of legal dualism in South Africa's neighbors, Botswana, Lesotho, and Swaziland. Part IV discusses customary law in South Africa. Part V contends that although the unification of laws is a desirable long-term goal for South Africa, at present it is impractical. Part V also …


In Re Harrods Ltd.: The Brussels Convention And The Proper Application Of Forum Non Conveniens To Non-Contracting States, Adam R. Schwartz Jan 1991

In Re Harrods Ltd.: The Brussels Convention And The Proper Application Of Forum Non Conveniens To Non-Contracting States, Adam R. Schwartz

Fordham International Law Journal

Although the doctrine of forum non conveniens is unknown in Continental legal systems, Community law does not prevent English courts from preserving their discretion to stay proceedings, in conflicts involving a defendant domiciliary, in favor of more appropriate courts in a non-Contracting State. Where the provisions of the Brussels Convention do not address a legal question, the answer must be sought in the objectives and scheme of the Convention. The English Court of Appeals in Harrods properly understood that Community law does not require ritualistic reliance on the Convention's jurisdiction conferring provisions in cases involving a defendant domiciled in a …


Joint Ventures Under Eec Law, Barry E. Hawk Jan 1991

Joint Ventures Under Eec Law, Barry E. Hawk

Fordham International Law Journal

This Article attempts to construct an intellectually coherent and predictable analysis of joint ventures, an undertaking which faces more serious problems under EEC law than U.S. law. First, EEC law makes it necessary to determine whether the Merger Regulation or Article 85 applies to any given joint venture. Second, Article 85's unfortunate bifurcation into paragraphs (1) and (3) (notification or nullity) and the resultant division of what should be a single antitrust analysis poses significant obstacles in the EEC treatment of joint ventures.


The Proposal For A Directive On The Right Of Establishment For Lawyers In The European Community, Heinz Weil Jan 1991

The Proposal For A Directive On The Right Of Establishment For Lawyers In The European Community, Heinz Weil

Fordham International Law Journal

This Commentary concerns the initiative of the Council of the Bars and Law Societies of the European Community to codify the right of establishment for lawyers. I would first like to give a short summary of the historical background, without which it would be rather difficult to understand the meaning of the CCBE's Draft Directive on the Right of Establishment for Lawyers. Then, without going into the technicalities of the text, I would like to summarize the content of the draft. Finally, I would like to say a few words about the present situation concerning the Draft Directive.


Choosing Law For Attributing Liability Under The Foreign Sovereign Immunities Act: A Proposal For Uniformity, Sandra Engle Jan 1991

Choosing Law For Attributing Liability Under The Foreign Sovereign Immunities Act: A Proposal For Uniformity, Sandra Engle

Fordham International Law Journal

This Note argues that federal common law should determine all attribution of liability issues in actions brought under the FSIA. Part I discusses the FSIA, its history and policies, and the sole U.S. Supreme Court decision to discuss the proper choice of law approach for attribution of liability under the FSIA. Part II examines subsequent cases that have either followed or distinguished the Supreme Court's choice of law approach in deciding questions of agency or respondeat superior. Part III argues that congressional intent demands the application of federal common law to determine questions of attribution of liability in actions brought …


The Whole Truth?: How Rules Of Evidence Make Lawyers Deceitful, Bruce A. Green Jan 1991

The Whole Truth?: How Rules Of Evidence Make Lawyers Deceitful, Bruce A. Green

Faculty Scholarship

No abstract provided.


Partner Bankruptcy And Partnership Dissolution: Protecting The Terms Of The Contract And Ensuring Predictability, Lawrence J. La Sala Jan 1991

Partner Bankruptcy And Partnership Dissolution: Protecting The Terms Of The Contract And Ensuring Predictability, Lawrence J. La Sala

Fordham Law Review

No abstract provided.


Reimbursement Of Indenture Trustees For Substantial Contribution Under Section 503 Of The Bankruptcy Code, Mark A. Cohen Jan 1991

Reimbursement Of Indenture Trustees For Substantial Contribution Under Section 503 Of The Bankruptcy Code, Mark A. Cohen

Fordham Law Review

No abstract provided.


Copyright Protection Of Sso: Replete With Internal Deficiencies And Practical Dangers, Cary S. Kappel Jan 1991

Copyright Protection Of Sso: Replete With Internal Deficiencies And Practical Dangers, Cary S. Kappel

Fordham Law Review

No abstract provided.


Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley Jan 1991

Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley

Fordham Law Review

No abstract provided.


Attorney's Fees In Common Fund Actions, Monique Lapointe Jan 1991

Attorney's Fees In Common Fund Actions, Monique Lapointe

Fordham Law Review

No abstract provided.


The S&L Debacle, Lawrence J. White Jan 1991

The S&L Debacle, Lawrence J. White

Fordham Law Review

This speech was given by Professor White as part of the annual Financial Institutions and Regulation Symposium at the Fordham University School of Law


Savings And Loan Crisis, Carl Felsenfeld Jan 1991

Savings And Loan Crisis, Carl Felsenfeld

Fordham Law Review

No abstract provided.


Private Market Solutions To The Savings And Loan Crisis: Bank Holding Company Acquisitions Of Savings Associations, Lissa Lamkin Broome Jan 1991

Private Market Solutions To The Savings And Loan Crisis: Bank Holding Company Acquisitions Of Savings Associations, Lissa Lamkin Broome

Fordham Law Review

This speech was given by Professor Broome as part of the Annual Financial Institutions and Regulation Symposium at the Fordham School of Law.


After The Fall: The Criminal Law Enforcement Response To The S&L Crisis, Bruce A. Green Jan 1991

After The Fall: The Criminal Law Enforcement Response To The S&L Crisis, Bruce A. Green

Fordham Law Review

No abstract provided.


Judicial Responses To The Recent Enforcement Activities Of The Federal Banking Regulators, Lawrence G. Baxter Jan 1991

Judicial Responses To The Recent Enforcement Activities Of The Federal Banking Regulators, Lawrence G. Baxter

Fordham Law Review

Paper presented on April 12, 1991, as part of the Fordham University School of Law's Graduate Colloquium 1990-1991, The S&L Crisis: Death and Transfiguration. This paper is a pilot for a study being prepared for the Administrative Conference of the United States on the enforcement powers of the federal banking agencies. The views expressed herein are those of the author and do not necessarily reflect those of the Conference, its members or its staff.


Resolution Trust Corporation: Waste Management And The S&L Crisis, Wayne M. Josel Jan 1991

Resolution Trust Corporation: Waste Management And The S&L Crisis, Wayne M. Josel

Fordham Law Review

No abstract provided.


A Note To Congress And The Fdic: After Firrea, Where's The Bif?, David Andrew Segal Jan 1991

A Note To Congress And The Fdic: After Firrea, Where's The Bif?, David Andrew Segal

Fordham Law Review

No abstract provided.


Reagan's Judicial Appointees And Antitrust In The 1990s, William E. Kovacic Jan 1991

Reagan's Judicial Appointees And Antitrust In The 1990s, William E. Kovacic

Fordham Law Review

No abstract provided.


Litigation In 2050: A Backward-Forward, Topsy-Turvy Look At Dispute Resolutions, Lawrence J. Fox Jan 1991

Litigation In 2050: A Backward-Forward, Topsy-Turvy Look At Dispute Resolutions, Lawrence J. Fox

Fordham Law Review

Litigation in 2050: A Backward, Forward, Topsy-Tury Look at Dispute Resolutions was originally comissioned by the American Bar Association Center for Professional Responsibility. Along with two companion pieces reflecting varying perspectives on the same subject, it was presented as part of the Seventeenth Annual Conference on Professional Responsibility, presented at Scottsdale, Arizona, June 6-9, 1991. It appears here with the permission of the American Bar Association.


Affirmative Action For Working Mothers: Does Guerra's Preferential Treatment Rationale Extend To Childrearing Leave Benefits?, Stephen Keyes Jan 1991

Affirmative Action For Working Mothers: Does Guerra's Preferential Treatment Rationale Extend To Childrearing Leave Benefits?, Stephen Keyes

Fordham Law Review

No abstract provided.


Universal Analytics, Inc. V. Macneal-Schwendler Corp.: Predators By Hire?, Vincent A. D'Arpino Jan 1991

Universal Analytics, Inc. V. Macneal-Schwendler Corp.: Predators By Hire?, Vincent A. D'Arpino

Fordham Law Review

No abstract provided.