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Fordham Urban Law Journal

1997

Articles 31 - 36 of 36

Full-Text Articles in Law

Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory Jan 1997

Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory

Fordham Urban Law Journal

This Article examines the deep human rights concerns within the transmogrifying world of work, focusing on the integral part that work plays in the definition, construction, maintenance, and enhancement of the social contract in the context of the New York City welfare workforce. Part I reviews the "employee"/partner/independent contractor distinctions, focusing on recent case law, the regulatory tax regime, and related issues. Part II examines the complex pressures that workfare legislation will exert throughout most sectors of the workforce and the unemployed. Part III explores the role of Catholic social teachings on workers' rights as well as the reemergence of …

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Does Law Teaching Have Meaning? Teaching Effectiveness, Gauging Alumni Competence, And The Maccrate Report, Daniel Gordon Jan 1997

Does Law Teaching Have Meaning? Teaching Effectiveness, Gauging Alumni Competence, And The Maccrate Report, Daniel Gordon

Fordham Urban Law Journal

This Article examines law school teaching evaluation techniques and probes the use of a law school alumni survey to measure teaching effectiveness. The Article focuses on a survey of St. Thomas University School of Law graduates. The Article also examines teaching effectiveness in the context of the MacCrate Report and the so called gaps between legal education and law practice it identified. The Article argues that the MacCrate Report was incomplete in its coverage of teaching effectiveness, and that much of the discord it created can be overcome by focusing on teaching effectiveness.

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New York Lifts Death Tax Penalty, Nancy O'Hagan Jan 1997

New York Lifts Death Tax Penalty, Nancy O'Hagan

Fordham Urban Law Journal

New York State replaced its estate tax and repealed its gift tax. This Article will trace the history of the New York State gift and estate taxes, explain the burden they imposed upon New York State residents in relation to other states, and examine the recent legislation in New York State which will gradually eliminate such inequities.

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Rethinking The Supreme Court's Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine Jan 1997

Rethinking The Supreme Court's Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine

Fordham Urban Law Journal

Part I of this Article discusses Supreme Court cases prior to 1981, in which the Court first expressed its hands-off approach to deciding questions of religious practice and belief. This Part suggests that in these decisions, as a result of a proper concern for religious autonomy, the Court already began the process of expanding the principle of judicial non-interference, at the cost of sacrificing effective adjudication of important constitutional issues. Part II of this Article critiques the Court's approach in Free Exercise Clause cases, identifying different problems that have arisen as a result of the Court's approach. This Part argues …

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Informed Consent To Human Subject Research: Improving The Process Of Obtaining Informed Consent From Mentally Ill Persons, Dorothy Derrickson Jan 1997

Informed Consent To Human Subject Research: Improving The Process Of Obtaining Informed Consent From Mentally Ill Persons, Dorothy Derrickson

Fordham Urban Law Journal

This Note demonstrates that the federal regulations regarding human subject research must provide more specific guidelines that emphasize the process of obtaining informed consent from persons with mental illnesses. Part I discusses schizophrenia as a case example of mental illness that requires more stringent informed consent standards in human subject research. Part II describes the legal foundations of informed consent to human experimentation and the current federal regulations for human subject research. Part III examines the inadequacy of current federal regulations for mentally ill research subjects and proposes revisions to ensure that mentally ill persons provide adequate informed consent to …

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Telemedicine Today And Tomorrow: Why "Virtual" Privacy Is Not Enough, Christina M. Rackett Jan 1997

Telemedicine Today And Tomorrow: Why "Virtual" Privacy Is Not Enough, Christina M. Rackett

Fordham Urban Law Journal

This Note demonstrates the need for federal telemedicine legislation that provides uniform confidentiality protection for all telemedicine patients. Part I details the use of telemedicine and outlines the link between telemedicine and privacy issues. Part II discusses current federal and state privacy law, emphasizing the laws that protect medical information. Part III argues that federal telemedicine legislation is necessary to safeguard the confidentiality of patients' medical records and proposes a uniform law that protects the privacy of telemedicine patients in every state. This Note concludes that without federal legislation, telemedicine will wither, along with isolated patients' hopes of one day …

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