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The Dialectics Of Change: The New York City Health And Hospitals Corporation At A Crossroad, Edna Wells Handy Jan 1992

The Dialectics Of Change: The New York City Health And Hospitals Corporation At A Crossroad, Edna Wells Handy

Fordham Urban Law Journal

New York City Mayors have long struggled with what to do with the New York City Health and Hospital Corporation ("HHC"). HHC is neither a city agency nor a department; nor is it a true public benefit corporation or authority. Given recent problems faced by HHC, like the AIDS crisis, evaporating public funding, a shrinking pool from which to hire employees, the movement to make HHC more accountable and connected with city government has grown. This article argues that to fully take advantage of the potential that HHC has, the opposite should be done: HHC should be allowed to vest ...


Introduction: Big Cities, Big Problems: Solutions For The 1990s Jan 1992

Introduction: Big Cities, Big Problems: Solutions For The 1990s

Fordham Urban Law Journal

Introduction to the issue containing essays submitted in conjunction with the First Annual Stein Center Symposium on Contemporary Urban Challenges, Big Cities, Big Problems: Solutions for the 1990s.


It's Time To Privatize, E.S. Savas Jan 1992

It's Time To Privatize, E.S. Savas

Fordham Urban Law Journal

Schools are failing, crime is commonplace, streets are filthy, transportation is a test of endurance, drug addiction is a curse, and millions have fled the city seeking a higher quality of life. The problem? New York City government. This paper argues that to fix the myriad of problems facing New Yorkers, the only solution is a restructuring of government that would lead to a privatization, allowing New Yorkers to rely more heavily on private industry instead of government. This system would force public agencies and private firms to compete for the privilege of providing public services and thereby earning taxpayers ...


School Vouchers: Are Urban Students Surrendering Rights For Choice? , Carol L. Ziegler, Nancy M. Lederman Jan 1992

School Vouchers: Are Urban Students Surrendering Rights For Choice? , Carol L. Ziegler, Nancy M. Lederman

Fordham Urban Law Journal

The introduction last spring of President Bush's America 2000 Excellence in Education Act to underwrite state and local programs which provide vouchers to enable parents to choose public, private or religious schooling for their children, has moved "school choice" to the forefront of the national education reform agenda. Nowhere is this more prevalent than in urban centers, where the breakdown of the public education system has been the focus of considerable attention and debate. The privatization of education in New York City, using vouchers, would mean the loss of legally defined procedural and participatory rights for students and parents ...


New York City Zoning -- 1961-1991: Turning Back The Clock -- But With An Up-To-The-Minute Social Agenda, Norman Marcus, Esq. Jan 1992

New York City Zoning -- 1961-1991: Turning Back The Clock -- But With An Up-To-The-Minute Social Agenda, Norman Marcus, Esq.

Fordham Urban Law Journal

Since the last update over 30 years ago, there is a need to once again change our zoning laws. Over the years, societal concerns and priorities have fluctuated with the times and, as a result, exceptions have been made to the zoning regulations which reflect these changing social interests. The result is a Zoning Resolution which stands at 806 pages (and still counting). It is an ad-hoc, convoluted, chaotic non-plan for the City, held together by binders rather than a common vision. This essay examines the zoning history of New York City and concludes that a new Comprehensive Reassessment, which ...


Hiv And The Need For A Voluntarist Approach, David A. Hansell, Esq. Jan 1992

Hiv And The Need For A Voluntarist Approach, David A. Hansell, Esq.

Fordham Urban Law Journal

After a decade of fighting AIDS, the public health community has come to recognize that strategies to combat the infection must be premised on voluntarism and not on coercion. Attempts to combat AIDS with coercive public health strategies stem from a desire to force AIDS into an ill-fitting traditional disease-response framework, overlooking the differences between HIV and other sexually transmitted diseases, including the limitations in available treatment modalities for HIV. A return to such a cramped, narrowly-medicalized view of the AIDS epidemic has enormous social implications and a coercive strategy would frustrate efforts to stem the spread of the disease ...


A Case Study In Fiscal Federalism: New York City And New York State, Carol O'Cleireacain Jan 1992

A Case Study In Fiscal Federalism: New York City And New York State, Carol O'Cleireacain

Fordham Urban Law Journal

This essay argues that under the current system of American state and local government funding schemes, there is a permanent imbalance between revenues and expenditures as a result of strain placed on local governments by other levels of government which can only be fixed with actions take by these other levels of government. This essay examines the current structure of American "Fiscal Federalism", the recent experience of America's cities with Fiscal Federalism (particularly New York), changing relationship between city and state government, and Governor Mario Cuomo's proposal for a phased-in takeover of Medicaid spending. The author concludes that ...


What Do You Mean My Partnership Has Been Petitioned Into Bankruptcy?, Karen E. Blaney Jan 1992

What Do You Mean My Partnership Has Been Petitioned Into Bankruptcy?, Karen E. Blaney

Fordham Urban Law Journal

Bankruptcy law regarding partnerships differs from the law pertaining to individuals and corporations. Only a partnership can be involuntarily petitioned into bankruptcy by individuals within the organization. Involuntary petitions can be used by general partners as bargaining chips, and may encourage partners who can personally benefit from filing to do so, even if the act would be detrimental to the partnership. Under present bankruptcy law, an involuntary petition may be commenced against a partnership by fewer than all of the general partners in such partnership. In comparison to prior bankruptcy provisions governing a partner's involuntary petition against the partnership ...


The Miner's Canary: Tribal Control Of American Indian Education And The First Amendment, John E. Silverman Jan 1992

The Miner's Canary: Tribal Control Of American Indian Education And The First Amendment, John E. Silverman

Fordham Urban Law Journal

One legacy of America's mistreatment of its indigenous peoples has been an educational policy that has run roughshod over Native American Free Exercise rights. Today, American Indian tribes widely seek increased control over the education of their children. This position has received broad congressional and presidential support since the Nixon Administration, but more than twenty years later, Native Americans are still fighting to attain their goals. Federal statistics that rank American Indians as our least educated, most addicted, shortest-lived citizens suggest tremendous room for improvement in Indian education. Despite certain circuit court Free Exercise Clause decisions that unreasonably hold ...


The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris Jan 1992

The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris

Fordham Urban Law Journal

After Fordham University moved the School of Law to the cultural hub at Lincoln Center, the problems associated with our urban areas began to accelerate. It became apparent that a closer focus had to be directed specifically at the urban problems of the nation, with particular emphasis on the affairs of its then largest city and state - New York. Thus, the Fordham Urban Law Journal (ULJ or Journal) published its first issue in 1972, exactly 20 years ago. This article commemorates the 20th anniversary of the Urban Law Journal, reflecting on the Journal's most notable accomplishments and tracing its ...


Dispelling The Myths About The "Battered Woman's Defense:" Towards A New Understanding, Michael Dowd Jan 1992

Dispelling The Myths About The "Battered Woman's Defense:" Towards A New Understanding, Michael Dowd

Fordham Urban Law Journal

This essay explores the growth of the use of self-defense by battered women from a historical perspective in order to explain the magnitude of the prejudices these defendants face. The essay suggests that a redefinition of Battered Woman's Syndrome will ease much of the criticism from feminists and eliminate the confusion in the legal profession surrounding the use of self-defense by battered women. The essay also pushes for a redefinition of the concept of "imminence" to encompass the realities of a battered woman's life.


Environmental Review And Economic Development: A Modest Proposal, Howard Goldman Jan 1992

Environmental Review And Economic Development: A Modest Proposal, Howard Goldman

Fordham Urban Law Journal

Environmental Review requires government, whenever taking discretionary action, consider the consequences on the environment. This essay briefly explores what exactly environmental review is and advocates for the exporting of the New York versions of Environmental Review requirements to all trading nations across the world.


Report Of The New York State Judicial Commission On Minorities Jan 1992

Report Of The New York State Judicial Commission On Minorities

Fordham Urban Law Journal

The Commission was given a three-fold mandate to study how (1) court participants and the public at large perceive minority treatment in the New York Court System; (2) the representation of minorities in non-judicial staff positions within the court system; and (3) the number of minorities, both elected and appointed, in judicial positions in New York. The Commission recommended a milieu of changes to address the problems of racism in the court system and proposed another commission-- with a five year mandate-- be created to implement these recommendations, further analyze and collect data on race and the court system, and ...


The New York City Campaign Finance Program: A Reform That Is Working, Nicole A. Gordon, Hyla Pottharst Wagner Jan 1992

The New York City Campaign Finance Program: A Reform That Is Working, Nicole A. Gordon, Hyla Pottharst Wagner

Fordham Urban Law Journal

Campaign finance programs, such as New York City's, limit the influence of private money on candidates and come at a relatively modest cost to taxpayers. Campaign finance reform programs, thus, increase the extent to which elections are truly competitive. During a fiscal crisis, we therefore have an even greater need for campaign finance reform and the meaningful democratic elections that reform fosters to ensure that voters generally, rather than special interests, dictate how scarce resources should be allocated. Reform is also necessary to give voters the confidence that their elected officials represent them, and not just wealthy donors, particularly ...


Toward A Model Whistleblowing Law, John D. Feerick Jan 1992

Toward A Model Whistleblowing Law, John D. Feerick

Fordham Urban Law Journal

The current state and local whistleblowing laws in New York provide inadequate protection for employees against employer retaliation in the public and private sector. These laws must be reformed so that employees can enjoy sufficient protection from employer retaliation, and so that a high standard of fairness, responsibility and honesty can be promoted throughout New York State and New York City.


The Urban Crisis And The Federal Government's Retreat: Catalyzing Public Policy Choices To Save Our Cities, David R. Jones Jan 1992

The Urban Crisis And The Federal Government's Retreat: Catalyzing Public Policy Choices To Save Our Cities, David R. Jones

Fordham Urban Law Journal

Sections of our cities have been abandoned to a host of poverty-related social ills whose causes have as much to do with the state of the national and regional economies, structural changes in the job market, and political decision-making as they have to do with individual life-histories and personal misfortune. Bleak outcomes are not inevitable and can be reversed by understanding why faulty policy options were adopted and what it will take to formulate new policies. This essay argues for the need of proactive solutions like in combating our urban povery problem by using, (1) a "Marshall Plan" for cities ...


Making Government Work, Robert W. Linn, Karen Flisek Jan 1992

Making Government Work, Robert W. Linn, Karen Flisek

Fordham Urban Law Journal

For a city or state government to be viable in the last decade of the 20th century, elected leaders must view modern management as a crusade. The work force must receive fair and equitable compensation, and all must be committed to constant quality improvement. Newspapers, magazines, radio and television must report the success stories and the failures. Taxpayers must understand that government services can improve, and the leaders must be held accountable. This is possible throughout the country but it will not happen unless an educated electorate demands it and the elected officials understand the stakes and urgency involved.


Lawyers In The Public Service And The Role Of Law Schools, Frank J. Macchiarola, Joseph Scanlon Jan 1992

Lawyers In The Public Service And The Role Of Law Schools, Frank J. Macchiarola, Joseph Scanlon

Fordham Urban Law Journal

Law schools should recognize and maximize their opportunity to work in public service. Law schools have an obligation to recognize a causal link between legal education and value learned through the law school experience and the tremendous effect that this training can have on the community. This essay examines the history of the traditional law school curriculum and poses practical and philosophical suggestions for the improvement of existing course work towards the public good. Next, the essay examines the community beyond the walls of the school as a source of instruction and finally, argues that a more expansive definition of ...


A Modest Proposal To End Gun Running In America, Jeremy Travis, William Smarrito Jan 1992

A Modest Proposal To End Gun Running In America, Jeremy Travis, William Smarrito

Fordham Urban Law Journal

Gun violence is a serious issue in our society. However, finding common ground between those who favor, and those who oppose, gun control can be a difficult task. Mayor David Dinkins and the Police Department propose a four prong solution that would pave a middle ground acceptable to most individuals. (1) put teeth into the existing federal regulations concerning those proscribed from purchasing a gun, (2) limit interstate shipment of firearms only to those federal firearms dealers who show that they have complied with any existing local firearms dealer requirements; (3) provide tracing capabilities for interstate shipments of weapons; and ...


The Question Of Family: Lesbians And Gay Men Reflecting A Redefined Society, Libby Post Jan 1992

The Question Of Family: Lesbians And Gay Men Reflecting A Redefined Society, Libby Post

Fordham Urban Law Journal

The cutting edge issue in the gay community is now the fight for domestic partnership rights. The absence of domestic partnership rights have resulted in the unequal treatment of an entire class of citizens, with gays and lesbians routinely denied jobs, housing, economic benefits such as health care, insurance, public accommodations, and may even result in these individuals being fired or facing eviction solely because of their sexual orientation. The author argues that to rectify these injustices, we must redefine the definition of family to be more in line with that used in New York's Braschi v. Stahl Assocs ...


Of Boroughs, Boundaries And Bullwinkles: The Limitations Of Single-Member Districts In A Multiracial Context, Judith Reed Jan 1992

Of Boroughs, Boundaries And Bullwinkles: The Limitations Of Single-Member Districts In A Multiracial Context, Judith Reed

Fordham Urban Law Journal

This essay examines the 1991 New York Ciity Council districting, with particular focus on the problems inherent in districting a multiracial city and the limitations of single member districts as a method of minority empowerment. The essay examines specific New York City Council districts that contain more than one minority group and concludes that electing council members from at-large, borough-wide districts by cumulative voting is a more effective districting strategy to structure majoritarian collective decision-making bodies that ensure meaningful minority interest representation and participation. .


Infomercials, Deceptive Advertising And The Federal Trade Commission, W.H. Ramsay Lewis Jan 1992

Infomercials, Deceptive Advertising And The Federal Trade Commission, W.H. Ramsay Lewis

Fordham Urban Law Journal

Recently, there has been growing concern among consumers, broadcasters and the Federal Trade Commission that infomercials may be a form of deceptive advertising. This note applies Federal Trade Commission guidelines to the infomercial format and concludes that infomercials are precariously close to violating commonly held standards for deceptive advertising. This note advocates that the Federal Trade Commission promulgate new standards requiring infomercials to identify themselves to consumers at all times as paid advertisements, so as to reduce the risk of consumers being unfairly fooled by advertisers.


Bias Crime: A Call For Alternative Responses, Abraham Abramovsky Jan 1992

Bias Crime: A Call For Alternative Responses, Abraham Abramovsky

Fordham Urban Law Journal

The argument for enacting laws to punish and deter bias crime does not always benefit from clear and unambiguous examples of bias driven murder. A frustrating factor in some of the widely publicized reports of bias-related assault is the element of ambiguity: where a member of one race or religion injures a member of another race or religion, even perhaps articulating the difference between attacker and victim by means of an expletive or other statement, the question inevitably arises whether the attack was the product of bias alone, or did other factors, such as an intent to rob or rape ...


State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank Jan 1992

State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank

Fordham Urban Law Journal

The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what con- stitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly trouble- some to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legisla- tion preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for pur- ...


Promoting Fairness: A Proposal For A More Reasonable Standard Of Constructive Discharge In Title Vii Denial Of Promotion Cases , Richard M. Deagazio Jan 1992

Promoting Fairness: A Proposal For A More Reasonable Standard Of Constructive Discharge In Title Vii Denial Of Promotion Cases , Richard M. Deagazio

Fordham Urban Law Journal

The constructive discharge rule states that if intolerable working conditions associated with the employer's discrimination force the employee to resign, then the employee will be considered to have been "constructively" discharged on the date of resignation. The employee will be treated as if he or she had been fired by the employer and therefore is eligible for remedies traditionally associated with wrongful termination, such as reinstatement and backpay past the date of "discharge." If the employee has not been constructively discharged, then under the general rule the employee will only be entitled to preresignation backpay. In examples similar to ...


Giving The Devil The Benefit Of Law: Pornographers, The Feminist Attack On Free Speech, And The First Amendment, John F. Wirenius Jan 1992

Giving The Devil The Benefit Of Law: Pornographers, The Feminist Attack On Free Speech, And The First Amendment, John F. Wirenius

Fordham Urban Law Journal

The battle lines over the censorship of “pornographic” materials have been shifted by a faction of the women’s movement following the publication of Andrea Dworkin’s Pornography: Men Possessing Women. With Dworkin, Catharine A. MacKinnon, a vocal and influential female advocate, co-authored a prototypical ordinance to protect against the degradation of individuals, mainly women, in pornography. To these advocates, pornography causes direct harm to individuals coerced into sexual activity and indirect harm by inculcating society with the chauvinistic norms of the pornographic world. While Wirenius agrees with MacKinnon and Dworkin about the importance of pornography in First Amendment jurisprudence ...


The Viability Of The Copyright Misuse Defense, David Scher Jan 1992

The Viability Of The Copyright Misuse Defense, David Scher

Fordham Urban Law Journal

Under the equitable doctrine of "unclean hands," courts will deny an otherwise meritorious claim where the claimant has acted so improperly that the need to punish the claimant’s wrongful behavior outweighs the need to punish the defendant’s allegedly unlawful conduct. The principle underlying the doctrine is that equity presumes harm when an unclean plaintiff obtains relief; consequently, one who desires justice must come into court with a “clean slate.” The theory of intellectual property misuse, which stems from the “unclean hands” doctrine, prevents a plaintiff from enforcing an intellectual property right if that plaintiff is guilty of misconduct ...


The Duty Of Fair Representation Under The Taylor Law: Supreme Court Development, New York State Adoption And A Call For Independence, Vincent Martin Bonventre Jan 1992

The Duty Of Fair Representation Under The Taylor Law: Supreme Court Development, New York State Adoption And A Call For Independence, Vincent Martin Bonventre

Fordham Urban Law Journal

The duty of fair representation in labor negotiations was born in Supreme Court case law to protect against racial discrimination and as a bastion of individuals’ interests during exclusive union representation in the collective bargaining process. The law later became as much a prescription for deference to unions as a protector from arbitrary union rule. As it currently stands, the law has become a minimal safeguard against wholly irrational and invidious union conduct far from the original guarantee of competent and committed union representation. Almost 25 years after the Supreme Court recognized a duty of fair representation in federal labor ...


Giving Women The Benefit Of Equality: A Response To Wirenius, Tracy Higgins Jan 1992

Giving Women The Benefit Of Equality: A Response To Wirenius, Tracy Higgins

Fordham Urban Law Journal

This essay offers a feminist response to Mr. Wirenius’s provocative critique of Professor MacKinnon. Whether supporting or opposing pornography regulation, feminist legal scholars tend to approach the issue from neither of the traditional positions – First Amendment absolutist or moral censor. Rather, a feminist approach to pornography is informed by an understanding of the profound harm that pornography can and does inflict upon women. Consequently, even for feminists who many oppose pornographic regulation, the choice is not an obvious one, as it seems to be for Mr. Wirenius, between the good of civil libertarianism and the evil of totalitarianism. An ...


Five Year Report Of The New York Judicial Committee On Women In The Courts, The Judicial Committee On Women In The Courts Jan 1992

Five Year Report Of The New York Judicial Committee On Women In The Courts, The Judicial Committee On Women In The Courts

Fordham Urban Law Journal

In response to a report submitted by the Judicial Committee on Women, which concluded gender bias to be a "pervasive problem" in the New York State Court System, a Task Force was created to implement the recommendations of that committee. The Five Year Report is a summary of the work done by the Committee and notes the progress made in the fight for more gender equality in our courts. The Committee concluded that although significant progress has been made, there is still a long way to go in the fight for gender equality.