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Articles 1 - 30 of 32
Full-Text Articles in Law
Third Party Taxpayer Challenges Under The New York Real Property Tax Law, Catherine P. Bonnette
Third Party Taxpayer Challenges Under The New York Real Property Tax Law, Catherine P. Bonnette
Fordham Urban Law Journal
This Note will discuss and analyze an individual taxpayer's right to challenge a third party assessment or exemption under Article 7 of the New York Real Property Tax Law (RPTL). In addition, the feasibility and deficiencies of the alternate remedy afforded by CPLR Article 78 will be examined. Finally, the Note will review the function of the New York State Board of Equalization and Assessment (SBEA), an organization statutorily empowered to examine local assessments and to advise local assessment boards. This Note concludes by advocating a broadening of the use of Article 7 as a vehicle for redressing third party …
The Ocean Dumping Deadline: Easing The Mandate Millstone, Julian H. Spirer
The Ocean Dumping Deadline: Easing The Mandate Millstone, Julian H. Spirer
Fordham Urban Law Journal
This Article examines the development the "mandate millstone," the inflexible federal rules and regulations directed at state and local governments in the environmental arena. It surveys how the mandate millstone has burdened or threatened to burden the ocean dumping of sewage sludge by New York City. The Article reviews the method by which the city has traditionally disposed of its sewage sludge in the ocean waters surrounding the city, and how the city's disposal practices would have been altered radically had the city been forced to implement a plan, pursuant to United States Environmental Protection Agency (EPA) regulations, to end …
Alternative Approaches To Municipal Antitrust Liability, Martin Cronin
Alternative Approaches To Municipal Antitrust Liability, Martin Cronin
Fordham Urban Law Journal
This Comment argues that preemption analysis, applied when federal statutes conflict with state or municipal enactments, should be used by the courts in applying the Parker doctrine to municipalities. Alternatively, this Comment advocates a qualified municipal exemption from the antitrust laws. Since municipalities receive less federal deference than states, this exemption should not be coextensive with that enjoyed by states under the Parker doctrine. However, the preferential treatment that municipalities receive in our federalist system as compared to private parties mandates formulation of a municipal exemption. Constitutional and practical difficulties encountered under substantive antitrust law, and at the remedies stage, …
The Effective Assistance Of Counsel: Chance Or Guarantee?, Joanne Legano
The Effective Assistance Of Counsel: Chance Or Guarantee?, Joanne Legano
Fordham Urban Law Journal
This Comment reviews the historical development of the right to effective assistance of counsel for criminal defendants as defined by the Supreme Court, and discusses the various standards applied by lower federal courts. This Comment next examines United States v. Decoster, which provides the most comprehensive judicial analysis of the right to effective assistance of counsel at this juncture in time. The standards applied by the New York State courts are also analyzed. Finally, the author recommends uniform guidelines for evaluating claims of ineffective assistance of counsel.
First Amendment Challenges To Landmark Preservation Statutes, Stephen M. Watson
First Amendment Challenges To Landmark Preservation Statutes, Stephen M. Watson
Fordham Urban Law Journal
The Interfaith Commission, religious leaders deeply concerned with the problems associated with the landmarking of religious properties, have recognized that the prohibition against demolition or alteration of landmarked religious properties effectively destroys their value. Additionally, the religious organizations are required to expend thousands of dollars of religious contributions to maintain these landmarks for the public benefit, in accordance with the regulations of the Landmarks Commission. This Comment focuses on the constitutionality of landmark preservation statutes as applied to religious properties. Using New York City as a model, this Comment examines the myriad problems presented by the landmarking of religious properties. …
The Negotiability Of Parity Agreements In Public Sector Collective Bargaining, Susan P. Kass
The Negotiability Of Parity Agreements In Public Sector Collective Bargaining, Susan P. Kass
Fordham Urban Law Journal
The City of Schenectady and City Fire Fighters Union, Local 28, which resulted in the first decision that parity clauses are not invalid per se, recognized that some parity clause arrangements can allow the employer and one or more unions to plan and execute long-range agreements; Two or more unions can agree among themselves that one union can implicate the others in a parity arrangement. This Note discusses the effect of on the negotiability of parity clauses in public sector employment contracts. The New York State "Taylor Law" governing public employees, and the New York courts' analysis of parity clauses …
Remarks Delivered At The Fordham-Stein Award Ceremony, William H. Webster
Remarks Delivered At The Fordham-Stein Award Ceremony, William H. Webster
Fordham Urban Law Journal
William H. Webster, Director, Federal Bureau of Investigation, delivered remarks upon presentation of the Fordham-Stein Award on October 28, 1982.
A Unified Theory Of The First Amendment:, Mark S. Nadel
A Unified Theory Of The First Amendment:, Mark S. Nadel
Fordham Urban Law Journal
The Supreme Court presently permits reasonable regulation of access in the broadcasting media; it nevertheless allows print publishers to foreclose such access. Although this approach has been praised by some, and a doctrine can only survive if there is a clear distinction between the print and broadcast media. In today's rapidly developing communications industry, the distinction between these converging media is unstable and inadequate. The increasing significance of cable television in particular has created a pressing need to replace the fragile double standard with a unified, all encompassing theory. This Article proposes such a unified theory after first drawing the …
Preemption And State Anti-Redlining Regulations:, Marianne M. Jennings
Preemption And State Anti-Redlining Regulations:, Marianne M. Jennings
Fordham Urban Law Journal
This Article sets forth certain federal, state and municipal anti-redlining laws and discusses the conflicting decisions concerning the proper application of these laws. The need for clarification of federal and state roles in the anti-redlining field will eb set forth and recommendations for the most effective means by which to accomplish this goal are offered. Specifically, this Article asserts taht although federal legislation has preempted the area of disclosure procedures, federal financial institutions should be subject to state-enacted substantive anti-redlining laws.
The Effect Of External Pressures On Sentencing Judges, Eve Kunen
The Effect Of External Pressures On Sentencing Judges, Eve Kunen
Fordham Urban Law Journal
Aldoupolis v. Commonwealth illustrates three potential types of pressure on a sentencing judge: public opinion, opinions voiced by influential political figures, and opinions expressed by the press. This Comment explores the question of whether a sentencing judge may consider any of these pressures without violating the constitutional principles of procedural due process, the proscription against cruel and unusual punishment, equal protection, double jeopardy, and the common law-statutory proscription against abuse of discretion. Emphasis will be placed on public opinion, which often parallels the voices of those least heard by the criminal justice system: the victims.
Bank Mergers: Agency Review And The Changing Line Of Commerce, Tommy Leung
Bank Mergers: Agency Review And The Changing Line Of Commerce, Tommy Leung
Fordham Urban Law Journal
Conflicting criteria put forth by Congress and the Justice Department have caused confusion among the bank regulatory agencies and within the banking idustry with respect to two important issues: (1) whether the antitrust laws should be applied to bank mergers within the vacuum of Justice Department analysis or whether there should be a greater emphasis on agency participation in reviewing proposed mergers, and (2) whether commercial banking should continue as the relevant line of commerce when antitrust standards are applied.
The Rights Of Unmarried Cohabiting Couples To Housing In New York, Matthew G. Connolly
The Rights Of Unmarried Cohabiting Couples To Housing In New York, Matthew G. Connolly
Fordham Urban Law Journal
This Note examines the protections available to unmarried couples against housing discrimination under the marital status provision of the New York City and New York State Human Rights Laws. After a brief examnitation of cohabitation, this Note will review judicial and administrative construction of the Human Rights Law since its inception. This Note concludes by proposing that unwed couples be given the same protection as married couples under the marital status provision in the New York Human Rights Law. This proposition finds support in: (1) the statutory mandate that the Human Rights Law be liberally construed to accomplish its purspose, …
Accomodation Of Reputational Interests And Free Press: A Call For A Strict Interpretation Of Gertz, Tom Wall
Accomodation Of Reputational Interests And Free Press: A Call For A Strict Interpretation Of Gertz, Tom Wall
Fordham Urban Law Journal
New York Times Co. v. Sullivan provides that states may award damages in defamation actions brought by public officials against media critics of their official conduct only if the plaintiff proves that the defendant acted with "actual malice." Subsequently, the Supreme Court extended this rule to public figures and promulgated standards for identifying public figures. The Court declared unconstitutional the common law standard of strict liability in actions brought by private individuals. Establishing negligence as a constitutional minimum, the Court delegated to the states the responsibility for formulating the proper standard of fault in actions brought by private individuals. This …
"Green River Ordinances": Where Does The Burden Belong?, Osborne M. Reynolds, Jr.
"Green River Ordinances": Where Does The Burden Belong?, Osborne M. Reynolds, Jr.
Fordham Urban Law Journal
Over the years, many communities have attempted to restrict door-to-door salespersons. Green River Ordinance is a term derived from an ordinance adopted in Green River, Wyoming, in November, 1931. The measure declared the practice of going in or upon private residences for the purpose of peddling, or soliciting orders for the sale of goods without prior consent of the owners or occupants of the residence a nuisance and subjected such activities to criminal penalties. The popularity of, and controversy over, these ordinances continue to this day.
Alternatives For Regulatory Control Of Acid Rain In The Northeastern United States, Deborah J. Hartman
Alternatives For Regulatory Control Of Acid Rain In The Northeastern United States, Deborah J. Hartman
Fordham Urban Law Journal
This Article will define regulatory options for curbing acid rain the northeastern United States. The first section will discuss those provisions of the Clean Air Act which address interstate air pollution. The second section examines the prominent proposals for amending the Clean Air Act to provide for acid rain regulation as enunciated by legislators, commentators and environmental organizations. The third section presents a two-pronged recommendation for broadening the Clean Air Act to prevent and control acid rain.
Disenfranchisement Of The College Student Vote: When A Resident Is Not A Resident, Joseph A. Bollhofer
Disenfranchisement Of The College Student Vote: When A Resident Is Not A Resident, Joseph A. Bollhofer
Fordham Urban Law Journal
The standards used by state and local election officials to determine whether students may vote as residents of the communities in which they attend college vary significantly among the fifty states. Two fundamental rights conflict in determining whether college students should be entitled to vote as residents of their college communities: the right of students to equal protection of the laws and eh right of states to limit the right to vote to bona fide residents. This Comment demonstrates the need for the education of election officials and college students in the common law principles of domicile. Moreover, it will …
Environental Impact Statements: Instruments For Environmental Protection Or Endless Litigation?, Fran Hoffinger
Environental Impact Statements: Instruments For Environmental Protection Or Endless Litigation?, Fran Hoffinger
Fordham Urban Law Journal
Congress enacted the National Environmental Policy Act (NEPA) on January 1, 1970. NEPA's purpose is to "declare a national policy which will encourage productive and enjoyable harmony between man and his environment." In an effort to achieve this national policy, NEPA requires federal agencies proposing certain major federal actions that affect the environment to include an Environmental Impact Statement (EIS) in their proposal or recommendations. The EIS must include both an assessment of the beneficial and adverse environmental impacts of the proposed actions and an analysis of the impacts in light of other circumstances. This Comment discusses the historical background …
The Rights Of Probationary Federal Employee Whistleblowers Since The Enactment Of The Civil Service Reform Act Of 1978, Benjamin C. Indig
The Rights Of Probationary Federal Employee Whistleblowers Since The Enactment Of The Civil Service Reform Act Of 1978, Benjamin C. Indig
Fordham Urban Law Journal
This Comment focuses on the rights, since the passage of the Civil Service Reform Act of 1978 (CSRA), of the probationary employee who exposes fraud and mismanagement in the federal government. It reviews the rights granted by the CSRA, as well as non-CSRA rights granted under the Privacy Act, and under the first and fifth amendments of the Constitution, including the right to sue one's supervisor in a Bivens action. Non-CSRA rights are particularly important to the whistleblower who is a probationer. The Comment concludes that the CSRA does encourage probationers, to an extent, to expose fraud and wrongdoing in …
Tax Exempt Financing Of Health Care Facilities As A Component Of The Market Approach To Health Care Cost Containment, George A. King
Tax Exempt Financing Of Health Care Facilities As A Component Of The Market Approach To Health Care Cost Containment, George A. King
Fordham Urban Law Journal
This Comment will discuss the current health delivery system in the context of a Market Approach to health care cost containment. Political and financial issues in health care as well as current judicial and tax policies affecting Market Approach theory will be examined. The Comment concludes that targeted tax exempt financing must play a major role in establishing competitive forces in the health care delivery system.
The Nonproliferation Mandate And The Appropriate Legal Standard In Health Care Bargaining Unit Determinations, Mary Esquivel Sciarra
The Nonproliferation Mandate And The Appropriate Legal Standard In Health Care Bargaining Unit Determinations, Mary Esquivel Sciarra
Fordham Urban Law Journal
This Comment examines the ongoing controversy over the appropriate legal standard to be applied in the determination of bargaining units in the health care industry. It reviews the basic law which governs the selection of appropriate units, discusses the legislative history of the 1974 amendments as they relate to bargaining units, and considers the intent of the accompanying admonition against unit proliferation. Implementation of the congressional mandate is examined in Board unit determinations. The Board's persistent use of the traditional industrial community of interest test is examined in light of circuit court decisions which have advocated new approaches. This Comment …
Rent Stabilization: New C.A.B. Rent Overcharge Procedures, William Weisner
Rent Stabilization: New C.A.B. Rent Overcharge Procedures, William Weisner
Fordham Urban Law Journal
In New York City, the Conciliation and Appeals Board (CAB) is a quasi-judicial body empowered by the Rent Stabilization Law (RSL) to resolve rent overcharge complaints. By September 1982, the CAB had a backlog of 7000 rent overcharge cases. In response to the backlog, the CAB promulgated new procedures for determining the maximum legal rent when owners fail to provide sufficient rent histories to the Board. This Note examines the CAB's new procedures in light of past enforcement policies and the CAB's powers under the RSL. The Note concludes that although the procedures accomplish de facto what the CAB might …
The Recognition Of Public Policy Exceptions To The Employment-At-Will Rule: A Legislative Function?, John Degiuseppe, Jr.
The Recognition Of Public Policy Exceptions To The Employment-At-Will Rule: A Legislative Function?, John Degiuseppe, Jr.
Fordham Urban Law Journal
Recent developments concerning the application of the employment-at-will rule demonstrate that courts are reluctant to recognize exceptions to the rule based on considerations of public policy in the absence of a legislative mandate. Jurisdictions, including New York, have declared that the recognition of a cause of action in tort for abusive discharge should be a function of the state legislature. Further, courts have been unwilling to imply private causes of action to protect the rights of employees under federal and state law. While certain "whistle-blower" and unjust dismissal legislation has had limited success in other jurisdictions, courts could become more …
Economically Motivated Relocations Of Work And An Employer's Duties Under Section 8(D) Of The National Labor Relations Act: A Three-Step Analysis , Edward P. O'Keefe, Seamus M. Tuohey
Economically Motivated Relocations Of Work And An Employer's Duties Under Section 8(D) Of The National Labor Relations Act: A Three-Step Analysis , Edward P. O'Keefe, Seamus M. Tuohey
Fordham Urban Law Journal
As industrial technology has progressed, large businesses have restructured in order to attract capital, resources, and customers. As a result, many employers have dislocated or outright terminated large numbers of their workforces. This Article addresses the legal and practical issues which arise under the National Labor Relations Act in connection with fundamental alterations of a business enterprise. In a series of administrative decisions and federal court actions, the National Labor Relations Board has sought to limit employer attempts to implement sweeping changes to their operations without prior consultation, and in certain circumstances prior agreement, with bargaining representatives of affected employees. …
A Survey Of Constitutional Challenges To Municipal Regulation Of Religious Solicitation And A Suggested Legislative Compromise, Audrey Peltz
A Survey Of Constitutional Challenges To Municipal Regulation Of Religious Solicitation And A Suggested Legislative Compromise, Audrey Peltz
Fordham Urban Law Journal
Solicitation can often be a source of annoyance to the general public. Therefore, municipalities have passed a variety of ordinances to regulate solicitation. However, solicitation encompasses various forms of speech interests. For this reason, ordinances have given rise to massive litigation, involving challenges under the First and Fourteenth Amendment, particularly for religious solicitation. The recent increases in challenges to municipal regulation of religious solicitation indicates a need for legislation which will survive judicial scrutiny. This Comment details the legislative and judicial history of religious solicitation, and provides a model ordinance by which municipalities can regulate religious solicitation to afford maximum …
Will The "Sunset" On The American Dream? Two Years Of Experience Under The Mortgage Subsidy Bond Tax Act, Geoffrey W. Sager
Will The "Sunset" On The American Dream? Two Years Of Experience Under The Mortgage Subsidy Bond Tax Act, Geoffrey W. Sager
Fordham Urban Law Journal
In the 1970s, housing became increasingly unattainable for low-income single-families who were unable to afford rising housing prices. As a response, state and local housing finance agencies (HFAs) issued tax-exempt single-family mortgage bonds to finance mortgage loans. However, Congress shortly thereafter passed the Mortgage Subsidy Bond Tax Act, denying tax exclusion to such loans. This Comment examines the validity and effectiveness of selected major provisions of the Act which are unique to single-family mortgage revenue bonds, in particular the sunset provision. Ultimately, this Comment concludes that the sunset provision of the Act is unconstitutional.
Systematic Exclusion Of Cognizable Groups By Use Of Peremptory Challenges, Stephen W. Dicker
Systematic Exclusion Of Cognizable Groups By Use Of Peremptory Challenges, Stephen W. Dicker
Fordham Urban Law Journal
An integral part of the jury selection process is the individual challenge, where a party has the privilege to remove potentially biased jurors. There are two forms of the individual challenge: for cause and peremptory. For cause challenges must be based on a legally provable bias, whereas peremptory challenges may be used to remove jurors who possess a bias peculiar to the immediate case, but whose bias is not articulable in terms of a challenge for cause. Given the vague underpinnings and potential abuses of the peremptory challenge, legislatures enforce a limitation on the number of such challenges a party …
Modifying The New York State Public School Financing Formula After Levittown, Elizabeth M. Flinn
Modifying The New York State Public School Financing Formula After Levittown, Elizabeth M. Flinn
Fordham Urban Law Journal
Spending on public education is primarily an obligation of state legislature and local school districts in the United States. Legislatures determine not only the amount of education spending, but also how much money is to be given to specific school districts. As a result, there have been growing discrepancies over how much financial assistance one district will have over another, leaving children from poor and fiscally overburdened districts at a disadvantage. This Note focuses on the New York case, Levittown v. Nyquist, as well as the New York funding formula, and ultimately recommends adoption of a school finance system that …
Medical Malpractice Damage Awards: The Need For A Dual Approach, Janice Kabel
Medical Malpractice Damage Awards: The Need For A Dual Approach, Janice Kabel
Fordham Urban Law Journal
Damage awards in medical malpractice cases have risen steadily in New York state courts over the past ten years. This increase has resulted in higher medical insurance premiums, which insured physicians pass along in higher prices to health care consumers. There are several theories as to why increased damages has occurred, but few legislative actions have deterred the process. Ultimately, this Note proposes reform in the tort/litigation/insurance system.
Municipal Liability For Requiring Unfit Police Officers To Carry Guns, Pamela A. Keating
Municipal Liability For Requiring Unfit Police Officers To Carry Guns, Pamela A. Keating
Fordham Urban Law Journal
The stress of police work is evidenced by high rates of suicide, marital problems, alcoholism, heart disease, and psychosomatic illnesses. Additionally, police are required to carry a gun while off duty. Given these stresses, there is often a heightened risk for unwarranted shootings. However, municipalities are not traditionally liable under respondeat superior for the actions of its police unless a victim was shot by a police officer in very limited set of circumstances. Therefore, few municipalities impose psychological screenings on its police force. This Note proposes that municipalities take greater initiative in monitoring the fitness of its police officers, and, …
New York City Zoning Resolution Section 12-10: A Third Phase In The Evolution Of Airspace Law, Terence Kennedy
New York City Zoning Resolution Section 12-10: A Third Phase In The Evolution Of Airspace Law, Terence Kennedy
Fordham Urban Law Journal
Originally, airspace was considered to be a form of land inseparable from the soil owned by the surface landowner. Over time, however, the law has allowed airspace to be severed from the soil, enabling the surface landowner to alienate the airspace while retaining title to the soil. New York City Zoning Resolution section 12-10 has advanced this modern notion by limiting buildable floorspace and permitting transfer of airspace. This Note details the history and uses of airspace, and proposes that the amended section of 12-10 both modernizes our stationary concept of real property and establishes airspace property interests as being …