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Articles 1 - 27 of 27
Full-Text Articles in Law
The Constitutionality Of State And Local Governments' Response To Apartheid: Divestment Legislation, Christine Walsh
The Constitutionality Of State And Local Governments' Response To Apartheid: Divestment Legislation, Christine Walsh
Fordham Urban Law Journal
In response to the realities of apartheid South Africa, many state legislatures promulgated divestment legislation, which mandates the withdrawal of public funds and/or public pension funds from corporations and financial institutions that do business in or with South Africa. This Note discusses state and local governmental such legislation. It then analyzes the constitutional difficulties posed by legislation in the areas of foreign affairs and interstate and foreign commerce. This Note concludes by considering alternatives to the state and local legislation and urges the adoption of federal measures to restrict United States investment in South Africa.
The Confidentiality Rule: A Philosophical Perspective With Reference To Jewish Law And Ethics, Gordon Tucker
The Confidentiality Rule: A Philosophical Perspective With Reference To Jewish Law And Ethics, Gordon Tucker
Fordham Urban Law Journal
Analyzing Rule 1.6 of the Model Rules from a Jewish perspective can help solve some of the conflicts, which have arisen around this particular rule of professional responsibility. In sum, when a lawyer is faced with a potential crime that will likely seriously injury life, limb, or property, an attorney should disclose the information, which he believes will prevent this crime from occurring. While some sources of the confidentiality rule stem from the American legal system, others stem from more general ethical principles. Three such sources of the rule are: the attorney-client contract, the constitutional guarantees stemming from the Fifth …
The Constitutionality Of Taking A Sports Franchise By Eminent Domain And The Need For Federal Legislation To Restrict Franchise Relocation, Thomas W. E. Joyce, Iii
The Constitutionality Of Taking A Sports Franchise By Eminent Domain And The Need For Federal Legislation To Restrict Franchise Relocation, Thomas W. E. Joyce, Iii
Fordham Urban Law Journal
In 1985, two cities were in proceedings to each take over a sports franchises located within their respective cities. However, a number of constitutional limitations may prevent a city from taking sports franchises. This Note examines the constitutional public use, just compensation,right to travel and commerce clause limitations as applied to the taking of sports franchises by eminent domain. This Note concludes that eminent domain is an improper method of protecting cities' interests in preventing the relocation of sports franchises. Consequently, it suggests that only carefully drawn federal legislation can protect a city's interest in keeping its sports franchises without …
A Case For Increased Confidentiality, Abraham Abramovsky
A Case For Increased Confidentiality, Abraham Abramovsky
Fordham Urban Law Journal
The Sixth Amendment right to counsel is a cornerstone of the American legal system. In order to provide effective representation to a client, an attorney must be informed of all the relevant facts, including clients' indiscretions and crimes committed or contemplated by them. To draft effective motions, affidavits, etc., the attorney often needs information that only the client can provide; this same reasoning applies to conducting an effective cross-examination and forming an appropriate trial strategy. In addition, outside the criminal field, an attorney advising a corporate client must also know relevant data. Vital constitutional rights will be lost if lawyers …
Legal Ethics: Discretion And Utility In Model Rule 1.6, Charles A. Kelbley
Legal Ethics: Discretion And Utility In Model Rule 1.6, Charles A. Kelbley
Fordham Urban Law Journal
No other profession requires practitioners to identify so closely and completely with the interests and confidences of their clients, as in the legal profession. Unlike doctors, priests, rabbis and other professionals, the lawyer is an adviser but also an advocate. Rule 1.6 is a major flaw in the legal profession's history of self-discipline. This rule fails the test of logic because the concept of discretion which it reflects is self-contradictory. This rule is a crude form of utilitarianism and should be reformulated to require disclosure whenever clients have no right to confidentiality and their conduct would constitute unjustified aggression or …
Privacy Rights In Medical Records, Carole M. Cleaver
Privacy Rights In Medical Records, Carole M. Cleaver
Fordham Urban Law Journal
The privacy interest recognized in medical records is in its infancy, as legal protections of personal information are relatively new. Major changes in medical technology, the introduction of third-party payment, government participation in medical care, and computerization of record-keeping have expanded the amount, type and accessibility of health data available about a patient. Concurrently, health records are now requested for a number of purposes, such as, legal actions, law enforcement, public health evaluation, employment, credit-rating, etc. Only limited access to these records should be permitted in order to protect the patient, yet public policy concerns also call for the disclosure …
Civil Rico: A Call For A Uniform Statute Of Limitations, Michael J. Lane
Civil Rico: A Call For A Uniform Statute Of Limitations, Michael J. Lane
Fordham Urban Law Journal
RICO is a statute, originally developed to thwart organized crime. When read broadly, the statute, however, has been applied to non-organized crime activities. Thus, courts have now started applying four substantive requirements for use of the RICO statute: (1) requiring that the plaintiff must allege that the defendant has connection to organized crime, (2) limiting standing to a particular type of injury, (3) requiring the plaintiff to allege an enterprise distinct from the pattern of racketeering or from the defendant, and (4) permitting only civil RICO claims in instances where the defendant has been previously convicted of the predicate acts …
Notice Requirements: Federal Preemption Of State And Local Plant Closing Statutes, Joanne K. Guinan
Notice Requirements: Federal Preemption Of State And Local Plant Closing Statutes, Joanne K. Guinan
Fordham Urban Law Journal
In an attempt to ease the burden placed on employees by the sudden, unannounced closing of their workplaces, several states' and cities throughout the United States have passed "plant closing statutes." The Federal government's Taft-Hartley Act requires that a company give a union reasonable notice of a decision to close in order that meaningful bargaining may be undertaken. This Note examines the general application of the preemption doctrine especially in the labor relations field and then applies the doctrine, specifically, to plant closing statutes. The Note then examines the invalidity of state and local statutes in light of the doctrine …
Industrial Development Bond Financing After The Deficit Reduction Act Of 1984: The Final Chapter?, Scott W. Bernstein
Industrial Development Bond Financing After The Deficit Reduction Act Of 1984: The Final Chapter?, Scott W. Bernstein
Fordham Urban Law Journal
Approximately sixteen years after Congress purportedly divested industrial development bonds (IDB) of the general tax exemption accorded interest on state and local obligations, President Reagan signed into law the Deficit Reduction Act of 1984 (1984 Act) which contains a substantial number of provisions affecting IDB financing. Title VII of the 1984 Act places a ceiling on the total dollar amount of IDBs that each state can issue per calendar year, further restricts the use of tax-exempt IDB proceeds, and eliminates various loopholes in the Internal Revenue Code pertaining to IDBs. Coincidentally, on November 27, 1984, the Treasury Department, in its …
Executing Youthful Offenders: The Unanswered Question In Eddings V. Oklahoma, Rona L. Just
Executing Youthful Offenders: The Unanswered Question In Eddings V. Oklahoma, Rona L. Just
Fordham Urban Law Journal
The juvenile justice system was created to "treat" and to "rehabilitate" the juvenile offender. But transfers to the adult criminal system allows for juvenile offenders to receive the death penalty for capital crimes. This Note examines the theories of punishment underlying the death penalty, briefly discusses the creation of the juvenile court system and the mechanism of juvenile transfer. This Note then discusses the development of the death penalty by examining Supreme Court cases which have considered state laws challenged under the eighth amendment as forms of cruel and unusual punishment. Supreme Court decisions which have extended constitutional guarantees to …
The Effects Of Hensley V. Eckerhart On The Award Of Attorney's Fees, E. Wayne Powell
The Effects Of Hensley V. Eckerhart On The Award Of Attorney's Fees, E. Wayne Powell
Fordham Urban Law Journal
The traditional "American Rule" regarding attorney fees did not allow for prevailing parties to collect attorney's fees from the unsuccessful party. In response to the Supreme Court's decision in Alyeska v. Wilderness Society, which reaffirmed the American Rule and its limited exceptions, Congress passed the Civil Rights Attorneys Fees Award Act of 1976. In its wake, courts began awarding attorneys fees to prevailing parties. The Supreme Court's decision in Hensley v. Eckerhart, focused on the correlation between the degree of success of prevailing plaintiffs and the amount of the attorney's fees awarded. This Article discusses the effects on fee awards …
The Deregulation Of Commercial Television, Heidi R. Young
The Deregulation Of Commercial Television, Heidi R. Young
Fordham Urban Law Journal
In August 1984, the Federal Communications Commission released the Report and Order in the Matter of the Revision of Programming and Commercialization Policies, Ascertainment Requirements, and Program Log Requirements for Commercial Television Stations, affecting the FCC regulations concerning programming policies, ascertainment requirements, program logging rules and commercialization policies. This Note analyzes these regulatory changes from this Report and Order according the following structure: first, a historical exposition of radio and television regulation in general and of the areas affected by the deregulation in particular; second, an assessment of the changes in the context of the modern television marketplace; and third, …
A Case For Increased Disclosure, Deborah Abramovsky
A Case For Increased Disclosure, Deborah Abramovsky
Fordham Urban Law Journal
The confidentiality rule is important but not absolute. An attorney must weigh his obligations to his client against his obligations to the profession and to the community as a whole. Reasonable certainty of the existence of potential danger should create a duty to reveal client secrets, and thus, when an attorney learns of an imminent threat of death or serious bodily harm to a third party from his client, disclosure should be mandatory. This type of limited exception would not interfere with the client's constitutional rights or with the orderly administration of justice. The policy behind such an exception, i.e. …
Toward A Time-Of-Discovery Rule For The Statute Of Limitations In Latent Injury Cases In New York State , Steven L. White
Toward A Time-Of-Discovery Rule For The Statute Of Limitations In Latent Injury Cases In New York State , Steven L. White
Fordham Urban Law Journal
Traditional statutes of limitations begin to run when a cause of action first could have been maintained by the plaintiff. Yet when the wrongful act and the injury do not occur simultaneously, a complex problem arises: when does the cause of action accrue? This is a relevant problem is various toxic tort lawsuits. There are various responses to the question of when the cause of action accrues: (1) when the wrongful act occurs, (2) when the plaintiff is injured, (3) when the plaintiff discovers his injury, and (4) when the plaintiff discovers the connection between the injury and the defendant's …
Current Tax Trends Affect Historic Rehabilitation: Catalyst Or Obstacle To The Preservation Of Our Nation's History? , William P. Van Saders
Current Tax Trends Affect Historic Rehabilitation: Catalyst Or Obstacle To The Preservation Of Our Nation's History? , William P. Van Saders
Fordham Urban Law Journal
Over the past decade, there has been a growing awareness of the need to restore structures of historic significance on both national and local levels. Both Presidents Carter and Reagan have supported the adoption of extensive federal tax legislation which would provide owners of historic investment property with tax incentives to rehabilitate rather than to raze such property. Unfortunately, these tax enactments have not provided the type of incentive for rehabilitation which was desired. Today in Congress, there is a growing school of thought that the current tax provisions foster the promotion of abusive tax shelters which allow investors to …
"Not In My Neighborhood:" Legal Challenges To The Establishment Of Community Residences For The Mentally Disabled In New York State, Robert L. Schonfeld
"Not In My Neighborhood:" Legal Challenges To The Establishment Of Community Residences For The Mentally Disabled In New York State, Robert L. Schonfeld
Fordham Urban Law Journal
This Article examines the laws and lawsuits which have affected the establishment of community residences for the mentally disabled in New York State. First, the Article traces the history of community residences prior to the enactment of the Padavan Law in 1978. Thereafter, this Article analyzes the statute to determine whether its procedures and interpretations by courts have been consistent with the drafters' stated intentions. In addition to examining the statutory procedures, this Article considers issues of zoning, the statute's constitutionality, the standing of neighbors and neighborhood groups to challenge community residence sites, and the effect of restrictive covenants on …
New York's System Of Indeterminate Sentencing And Parole: Should It Be Abolished?, Jeanine M. Schupbach
New York's System Of Indeterminate Sentencing And Parole: Should It Be Abolished?, Jeanine M. Schupbach
Fordham Urban Law Journal
New York State's indeterminate sentencing and parole system of 1985 resulted in sentence disparity, uncertain and prolonged prison terms and prisoner unrest rather than in peaceful prison rehabilitation. The length of imprisonment and time of release under an indeterminate sentencing system are dependent upon the prisoner's need for and responsiveness to correctional treatment programs. In response to the problems of indeterminate sentencing, the federal government and several state legislatures abandoned or modified indeterminacy and have adopted a variety of fixed sentencing plans. This Note describes the history and development of the indeterminate sentencing and parole system. It exposes the flaws …
Remarks Delivered On The Occasion Of The Presentation Of The Fordham Stein Award To Judge Edward Weinfeld, John D. Feerick
Remarks Delivered On The Occasion Of The Presentation Of The Fordham Stein Award To Judge Edward Weinfeld, John D. Feerick
Fordham Urban Law Journal
In the aftermath of a very difficult period for the conscience and reputation of the legal profession, the Fordham Stein Award was endowed for the purpose of providing the profession and society with a sterling example of professional integrity and leadership. The mandate was to search the profession nationwide each year and to select a person whose selfless contribution to the public good exemplified the quiet performance of thousands of others whose dedicated work adds life, vigor and substance to our democracy. In 1985, Fordham Law School awarded the Stein Award to Judge Edward Weinfeld. This article describes the award …
Address By Judge Edward Weinfeld, Edward Weinfeld
Address By Judge Edward Weinfeld, Edward Weinfeld
Fordham Urban Law Journal
This is a transcript of Judge Edward Weinfeld's acceptance of the 1985 Fordham Stein Award.
Death After Life: The Future Of New York's Mandatory Death Penalty For Murders Committed By Life-Term Prisoners, Andrea Galbo
Death After Life: The Future Of New York's Mandatory Death Penalty For Murders Committed By Life-Term Prisoners, Andrea Galbo
Fordham Urban Law Journal
This Note analyzes the relevant Supreme Court death penalty decisions from 1972 to 1985 in order to compare New York's mandatory death statute for life-term prisoners who murder with other state death penalty statutes that have been reviewed by the Supreme Court. After considering both the legal and nonlegal arguments, this Note concludes that there can not and should not be a mandatory death penalty for life-term prisoners who murder in New York. This Note recommends that the New York legislature draft a discretionary death penalty statute for life-term prisoners who murder. A discretionary death penalty statute, which provides for …
To Die Or Not To Die: The New York Legislature Ponders A Natural Death Act, Edward M. Joyce
To Die Or Not To Die: The New York Legislature Ponders A Natural Death Act, Edward M. Joyce
Fordham Urban Law Journal
In December, 1984, New York's Governor Mario Cuomo appointed a twenty-three member commission to recommend ways for the New York State Legislature to respond to a vast range of issues concerning medicine and morality. One of the major issues the commission will examine is the medical and legal implications arising from doctors' withholding or withdrawing life-sustaining medical treatment from terminally ill patients. This Note first examines how states other than New York have settled the question of withholding or withdrawing life-support treatment from dying patients by judicial decision or by statute. The Note then discusses recent New York decisions addressing …
Section 106 Of The Secondary Mortgage Market Enhancement Act Of 1984 And The Need For Overriding State Legislation, David J. Bleckner
Section 106 Of The Secondary Mortgage Market Enhancement Act Of 1984 And The Need For Overriding State Legislation, David J. Bleckner
Fordham Urban Law Journal
Title I of the 1984 the Secondary Mortgage Market Enhancement Act (SMMEA) was designed to remove some of the regulatory barriers that previously inhibited the development of a private market for mortgage-backed securities. Section 106 of Title I, which provided for federal regulation, preempted blue sky laws requiring registration of mortgage-backed securities and regulatory statutes affecting investment in mortgage-backed securities by state-chartered financial institutions. This Note examines whether the states should enact legislation to override the federal preemptions. Initially, this Note provides an overview of the secondary market for home mortgages by examining the factors leading to the enactment of …
The Effect Of Title I Of The 1949 Federal Housing Act On New York City Cooperative And Condominium Conversion Plans, Steven C. Forest
The Effect Of Title I Of The 1949 Federal Housing Act On New York City Cooperative And Condominium Conversion Plans, Steven C. Forest
Fordham Urban Law Journal
In 1985, three Manhattan housing projects were in litigation to convert the units from rental to condominiums or cooperative ownership. However, each project's redevelopment agreement, consistent with Title I of the 1949 Federal Housing Act, required that "no change" be made without consent of the City Planning Commission and the Board of Estimates of the City. This Note analyzes whether the conversion of rental units built under Title I to ownership units constitutes a "change" as interpreted by the New York courts. The interpretation of the term "change" under the Title I redevelopment agreements will be analyzed from both the …
Electronic Publishing: First Amendment Issues In The Twenty-First Century, Lynn Becker
Electronic Publishing: First Amendment Issues In The Twenty-First Century, Lynn Becker
Fordham Urban Law Journal
In six sections, the author explores regulation of the then-emerging field of tele-communications, including electronic publishing, e-mail, electronic bulletin boards, teletype, and digital banking. Focusing on how the First Amendment applies to claims of defamation and obscenity made in an electronic format, the author proposes a unified regulatory scheme based on existing communications regulation law that will unify telecommunications policy countrywide. The first two sections are devoted to explanation of the then-novel forms of electronic communication and giving the history of the FCC and communications and data regulation in the US. The author describes the distinction between press regulation, broadcast …
Effects Of Legislation On The Reverse Annuity Mortgage As A Means Of Home Equity Control, Dorothy E. Cumby
Effects Of Legislation On The Reverse Annuity Mortgage As A Means Of Home Equity Control, Dorothy E. Cumby
Fordham Urban Law Journal
This student note explores the plight of elderly home-owners whose income cannot meet their expenses, and the federal legislation designed to meet their needs, specifically the Reverse Annuity Mortgage (RAM), which draws on home equity to provide monthly cash payments to homeowners. The author explains the legislation authorizing the RAM, describes the pros and cons of different forms of the RAM for elderly homeowners, and suggests modifications that will allow homeowners maximum support without sacrificing their other sources of income, such as Social Security payments and tax benefits. The author also explores New York state legislation dealing with the RAM, …
The Minneapolis Anti-Pornography Ordinance: A Valid Assertion Of Civil Rights?, Winifred Ann Sandler
The Minneapolis Anti-Pornography Ordinance: A Valid Assertion Of Civil Rights?, Winifred Ann Sandler
Fordham Urban Law Journal
The author of this student note examines a recent Minneapolis city ordinance that declares pornography to be both subordination of and a form of sex discrimination towards women. First Amendment proponents challenged the ordinance as unconstitutional. The author considers whether the state has a compelling interest in protecting its citizens from civil rights violations, and whether that interest can overcome first amendment rights. The author concludes that pornography is neither a civil rights violation, nor a category of unprotected speech.
Stough V. Crenshaw Country Board Of Education: Parental Rights And Segregation Academies, Stuart Melnick
Stough V. Crenshaw Country Board Of Education: Parental Rights And Segregation Academies, Stuart Melnick
Fordham Urban Law Journal
The author of this student note explores a recent 11th Circuit decision in Strough v. Crenshaw Country Board of Education, which held that the state's proffered interests were not compelling, and therefore failed to override a fundamental right. In the case, a county school board forbid its employees from sending their children to private school, and the regulation was contested by two tenured teachers who sought to enroll their children in a private, racially segregated school. The court eventually found that a parent's right to educate their child was a fundamental right, and the policy reasons advanced by the school …