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Articles 31 - 56 of 56
Full-Text Articles in Other Law
The Profession Of Religion And Law, Ted Dotts
The Profession Of Religion And Law, Ted Dotts
Fordham Urban Law Journal
This essay provides definitions for the terms "religion," "law" and "profession." The professional bears the power to bid forth -- to announce, command, tell, declare and make aware. Religion is the power to relate. Law is the power to regulate. The author concludes that religion and law are givens of human living. The question is not whether to have one or the other. The question is how we live with these realities.
Damned To The Inferno? A New Vision Of Lawyers At The Dawning Of The Millennium, Robert J. Cosgrove
Damned To The Inferno? A New Vision Of Lawyers At The Dawning Of The Millennium, Robert J. Cosgrove
Fordham Urban Law Journal
This Article seeks to explain the negative perception the legal profession and lawyers have in the eyes of the American public. Disregarding common answers such as the disproportionate amount of influence lawyers have or high salaries and extravagant lifestyles, this Article argues that a cultural shift has led many Americans to see the law as an arbitrary device. Consequently, this belief is reinforced by lawyers and and perpetuated by law schools, leading to the negative perception of the legal profession. In the process, the Article addresses five main issues: the definition and purpose of the law, the republican theory of …
History Repeating Itself: The (D)Evolution Of Recent British And Antiterrorist Antiterrorism Legislation, Gregory C. Clark
History Repeating Itself: The (D)Evolution Of Recent British And Antiterrorist Antiterrorism Legislation, Gregory C. Clark
Fordham Urban Law Journal
Through a study of historical development, this note compares the current antiterrorism legislation in the United States and the United Kingdom. In Part I, the author first sets out the history of British attempts to counter terrorism looking specifically at Northern Ireland. He then discusses parallel American law noting the numerous civil rights violations that came with the laws of each country. In Part II, the author investigates provisions of the United State’s Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), and Britain’s Northern Ireland (Emergency Provisions) Act of 1998 (“EPA”) and Criminal Justice (Terrorism and Conspiracy) Act of …
Roundtable Discussion: The Future Of New York: 1898, 1998, Robert Himmelberg
Roundtable Discussion: The Future Of New York: 1898, 1998, Robert Himmelberg
Fordham Urban Law Journal
In this transcript of a symposium held at Fordham University School of Law on November 16, 1998 on the Future of New York, the six participants addressed the broad subject of what the future can bring as New York celebrated its centennial year. Professor Hammack spoke first. He focused on the future of “Greater New York” by discussing the creation of it, the hopes at the time and the changes that occurred since. Next, Professor Siegel addressed the challenge of the telecommunications revolution as New York faced an economic downturn, and possibly an impending national recession. He recounted some of …
A Lawyer's Mischellany: Scriptural Resources For Christian Lawyers, Joseph Allegretti
A Lawyer's Mischellany: Scriptural Resources For Christian Lawyers, Joseph Allegretti
Fordham Urban Law Journal
This Essay provides resources for spiritual sustenance and to help bridge the gap between what one does as a lawyer and one professes as a Christian. The author provides a dozen passages from Scripture --some from the Hebrew Scriptures, some from the New Testament -- that the author found relevant to the life and work of Christian lawyers. After each quotation, the author includes a few comments to spark further reflection.
Federalism For The New Millennium: Accounting For The Values Of Federalism, Dennis M. Cariello
Federalism For The New Millennium: Accounting For The Values Of Federalism, Dennis M. Cariello
Fordham Urban Law Journal
This Article explores the long and intricate history of federalism, the arrangement between the federal and local governments to serve the people, in the United States. It begins with the beginnings of federalism in pre-colonial times and continues to discuss how recent Supreme Court decisions have failed to articulate a cohesive test for federalism issues. Ultimately, the Article proposes a method for resolving federalism disputes. This method focuses on the sociopolitical and economic benefits of federalism as the Framers intended. Further, it argues that courts should inquire as to the utility of either the federal or local government regulating a …
History Repeating Itself: The (D)Evolution Of Recent British And Antiterrorist Antiterrorism Legislation, Gregory C. Clark
History Repeating Itself: The (D)Evolution Of Recent British And Antiterrorist Antiterrorism Legislation, Gregory C. Clark
Fordham Urban Law Journal
Through a study of historical development, this note compares the current antiterrorism legislation in the United States and the United Kingdom. In Part I, the author first sets out the history of British attempts to counter terrorism looking specifically at Northern Ireland. He then discusses parallel American law noting the numerous civil rights violations that came with the laws of each country. In Part II, the author investigates provisions of the United States’ Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), and Britain’s Northern Ireland (Emergency Provisions) Act of 1998 (“EPA”) and Criminal Justice (Terrorism and Conspiracy) Act of …
The First Forty Years Of The Commission On Human Rights, Marta B. Varela
The First Forty Years Of The Commission On Human Rights, Marta B. Varela
Fordham Urban Law Journal
This article provides a basic overview of the New York City Commission on Human Rights. It traces the history of the law of the Commission and argues that the Commission's investigative, mediative, prosecutorial, and adjudicatory powers are essential to New York's plan to eradicate housing discrimination.
Remarks Delivered On The Occasion Of The Presentation Of The Fordham-Stein Prize To The Honorable Milton Pollack On October 26, 1994, John D. Feerick, Milton Pollack
Remarks Delivered On The Occasion Of The Presentation Of The Fordham-Stein Prize To The Honorable Milton Pollack On October 26, 1994, John D. Feerick, Milton Pollack
Fordham Urban Law Journal
In his remarks, John D. Feerick, Dean of Fordham University School of Law, decribes the many accomplishments of Judge Milton Pollack, recepient of the Fordham-Stein Prize. Dean Feerick applauds Judge Pollack's successful consolidation and settlement of the scores of private lawsuits brought on behalf of hundreds of thousands of investors against Michael Milken and Drezel Burnham, Lambert. In his response, Judge Milton Pollack describes how the Supreme Court's ruling in Erie v. Tompkins required federal judges to find and apply state law as interpreted by state courts. This exploded the dockets of district courts and it became the job of …
Peace, Wealth, Happiness, And Small Claim Courts: A Case Study, Arthur Bestf, Deborah Zalesne, Kathleen Bridges, Kathryn Chenoweth
Peace, Wealth, Happiness, And Small Claim Courts: A Case Study, Arthur Bestf, Deborah Zalesne, Kathleen Bridges, Kathryn Chenoweth
Fordham Urban Law Journal
This Article presents empirical data on the operation of the small claims court in the city of Denver. The study underlying this Article evaluated the court in terms of (1) users’ reactions, (2) the correctness of outcomes (recognizing that a determination of the underlying truth may be impossible), (3) the correctness of procedures (allowing for the informality that has been characterized as essential for their operation), and (4) the effective power of the court in terms of enforcement of results. The study shows that small claims courts may be paradigmatic of governmental responses to social problems. They do some good …
Shooting Down The Phoenix: Shaw V. Reno And The Controversy Over Race-Conscious Districting, Elizabeth Bachman
Shooting Down The Phoenix: Shaw V. Reno And The Controversy Over Race-Conscious Districting, Elizabeth Bachman
Fordham Urban Law Journal
This Note analyzes the viability of race-conscious districting on two separate levels: first in terms of its efficacy as a means of empowering minority voters, and second, in light of Shaw v. Reno, which has restricted the ability of states and localities to create majority-minority districts. Part II critiques the assumptions underlying race-conscious districting and realistically evaluates the effects of such districting, concluding that despite its shortcomings, race-conscious districting has been very effective at empowering minority voters and furthering their political interests. Part III traces the history of the Voting Rights Act and how it influenced the Supreme Court's treatment …
New York State's Designating Petition Process, Jacob H. Weintraub
New York State's Designating Petition Process, Jacob H. Weintraub
Fordham Urban Law Journal
Navigating the laws of how to properly submit a petition to be placed on a local election ballot can often be quite complex and contain many technicalities that can render the petition moot. As a result, many petitioners who lack the expertise in filling out all the requisite forms are left off the ballot. This Note examines the statutes and court decisions that have led to the current body of New York laws governing the designation petition process and discusses the constitutionality of removing a petitioner from a primary ballot due their omission in a cover sheet. The Note proceeds …
Out Of The Home Onto The Street: Foster Children Discharged Into Independent Living, Mari Brita Maloney
Out Of The Home Onto The Street: Foster Children Discharged Into Independent Living, Mari Brita Maloney
Fordham Urban Law Journal
The uniformity by which foster children are expelled from their foster homes upon reaching the age of maturity has dire consequences for them and society. With alarming frequency, such children are left homeless and often turn to drugs and prostitution as a means of getting by. This Note discusses the parameters of foster care rights by analyzing the policies and constitutional rights underlying the many current foster care laws. It then proceeds to highlight the ineffectiveness of the current rigid system of foster care laws and proposes a solution that adequately addresses the plight of such children. Ultimately, the Note …
Rediscovering The Individual In Federal Election Law, Susan H. Marren
Rediscovering The Individual In Federal Election Law, Susan H. Marren
Fordham Urban Law Journal
The importance of the federal electoral process has traditionally been viewed by Congress as creating the need for heavy regulation to insure its strength and vitality. However, the contribution limitations provisions of the Federal Election Campaign Act of 1971 (FECA) has a detrimental effect to the individual voter, forcing candidates to overlook individual citizens in favor of organizations with large fundraising capabilities. FECA was initially enacted to compel candidates to appeal to more individual voters, mainly by limiting contributions from either individual citizens or corporations. Yet, the Act also permits a corporation or labor organization to create a separate segregated …
Horse Racing And The Law: A Legislative Proposal To Harness Race-Fixing, Bradley S. Telias
Horse Racing And The Law: A Legislative Proposal To Harness Race-Fixing, Bradley S. Telias
Fordham Urban Law Journal
This article, written at a time when horse-racing was experiencing a wave of corruption and race-fixing, first examines the relevant court decisions involving license suspensions in horse racing. An evaluation of the corruption present in both the harness and thoroughbred racing industries is set forth in Part III. Finally, the article proposes legislative amendments to the relevant statutory provisions, designed to stem the tide of thorough-bred corruption and help restore the public's confidence in the sport.
The Legalization And Control Of Casino Gambling, Nelson Rose
The Legalization And Control Of Casino Gambling, Nelson Rose
Fordham Urban Law Journal
This article seeks to demonstrate that the spread of legalized gambling is inevitable as states recognize the immense revenue generating capabilities of casinos. However, in order to realize these revenues and take advantage of them, without incurring the potential negative social side affects, states must control and regulate casinos. Thus, this article examines, through their theoretical structure and practical realities, the four different methods for legalized casino gambling regulation: (1) Nevada's free enterprise model; (2) New Jersey's and Puerto Rico's tourist area revitalization model; (3) England's strict social control model; and (4) the model of complete or partial state ownership.
Federal Legislative Proposals For The Protection Of Privacy , Ludmila Kaniuga-Golad
Federal Legislative Proposals For The Protection Of Privacy , Ludmila Kaniuga-Golad
Fordham Urban Law Journal
Previously, privacy rights had to be litigated under one of the four recognized tort claim of actions. With the advent of the computer age, it was argued that new causes of actions should be created to supplement the individually recognized privacy rights of the people. At the time this article was written, several privacy related bills were before congress. The note examines the benefits of the bills proposed, and the (justified) failure of the proposals to consider a single federal information data bank due to its inability to safeguard privacy. It also synopsizes the Subcommittee on Constitutional Rights' findings on …
Books Received
Fordham Urban Law Journal
This is a list of books received published in the Spring 1977 issue.
Book Review: Where Do I Go From Here? A Career Planning Manual For Lawyers, Kathleen Kruger
Book Review: Where Do I Go From Here? A Career Planning Manual For Lawyers, Kathleen Kruger
Fordham Urban Law Journal
Kathleen Kruger, the Director of Placement for NYU Law School reviews Frances Utley's book, Where Do I Go From Here? A Career Planning Manual for Lawyers. Kruger expresses doubt that one may "plan" a legal career, but that gathering as much information as possible can help and that Utley's book is helpful in this regard. Kruger concludes, however, that some of Utley's book is overly optimistic with respect to the number and variety of career options available to lawyers in the current market.
Book Reviews
Fordham Urban Law Journal
Criminal Sentences Law Without Order by Marvin E. Frankel: This book discusses the crucial issues involved with sentencing by outlining the methods by which criminal defendants are sentenced and then offers possible remedies for improving the criminal justice system's sentencing guidelines. It addresses potential judicial incompetence with regard to sentencing, correctional facilities, and the lack of guidance in criminal codes. Super Tenant by John M. Striker and Andrew O. Shapiro: This book discusses the development and progress in the law of tenant's rights, including discussion of rent stabilization, landlord liability for tort damages, and more recent concepts such as the …
Books Received
Fordham Urban Law Journal
Books received includes: Abortion II: Making the Revolution. By Lawrence Lader. After Conviction: A Review of the American Correction System. By Ronald L. Goldfarb and Linda R. Singer. The American Disease: Origins of Narcotic Control. By David F. Musto. City Police. By Jonathan Rubinstein. The Coming of Post-Industrial Society: A Venture in Social Forecasting. By Daniel Bell. The Eleventh Amendment and Sovereign Immunity. By Clyde E. Jacobs. Handling Consumer Credit Cases. By Barkley Clark and John R. Fonseca. Impeachment: The Constitutional Problems. By Raoul Berger. In His Own Image: The Supreme Court in Richard Nixon's America. By James F. Simon. …
Notes
Fordham Urban Law Journal
Civil Rights- Municipalities as Parties- Waiver of Sovereign Immunity by a State does not Give a Federal Cause of Action for Damages under Sections 1983 and 1988 of the Civil Rights Act: This Note evaluates the Supreme Court's holding in Moor v. Alameda with reference to the development of sections 1983 and 1988 of the Civil Rights Act through other relevant case law, such as Monroe v. Pape and United Mine Workers v. Gibbs. It then summarizes the holding, which limits persons deprived of civil rights by a municipal employee and who are seeking damages from the municipality in federal …
Case Notes
Fordham Urban Law Journal
Constitutional Law- Freedom of Speech- Dismissal of Public School Teacher for Symbolic Expression of Political Opinion in the Classroom Held Unconstitutional. This case note discusses the first amendment issue in James v. Board of Education, 461 F.2d 566 (2d Cir. 1972), and the extent to which schools may limit a teacher's freedom of expression in the classroom. The note reviews the various tests used to analyze freedom of expression in general and then analyzes case law in the school context to infer that a court may permit state or local governments to control classroom expression when a teacher uses his …
Case Notes
Fordham Urban Law Journal
A look at the decisions in Langevin v. Chenango Court, Inc., 447 F.2d 296 (2d Cir. 1971); Vasquez v. Superior Court of San Joaquin County. 4 Cal. 3d 800, 484 P.2d 964, 94 Cal. Rptr. 796 (1971); and Dickens v. Ernesto, 30 N.Y.2d 61, 281 N.E.2d 153, 330 N.Y.S.2d 346, appeal dismissed, 40 U.S.L.W. 3596 (1972).
Case Notes
Fordham Urban Law Journal
A look at the recent decisions in Chance v. Board of Examiners, 458 F.2d 1167 (2d Cir. 1972); Bullock v. Carter, 405 U.S. 134 (1972); Dunn v. Blumstein, 405 U.S. 330 (1972); Lamb v. Brown, 456 F.2d 18 (10th Cir. 1972); Perez v. United States, 402 U.S. 146 (1971); Oliver v. Postel, 30 N.Y.2d 171, 282 N.E.2d 306, 331 N.Y.S.2d 407 (1972); and Jefferson v. Hackney, 406 U.S. 535 (1972).