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Case Note: Labor Law - Collective Bargaining - Job Security Is A Proper Subject Of Negotiations Between A Public Employer And Public Employee Organization Under The Taylor Law, Joan W. Keenan Jan 1977

Case Note: Labor Law - Collective Bargaining - Job Security Is A Proper Subject Of Negotiations Between A Public Employer And Public Employee Organization Under The Taylor Law, Joan W. Keenan

Fordham Urban Law Journal

In this case note, Joan W. Keenan analyzes Board of Education v. Yonkers Federation of Teachers, 40 N.Y.2d 268, 353 N.E.2d 569, 386 N.Y.S.2d 657 (1976). In 1975 the city of Yonkers was plagued by a severe financial emergency. As part of an effort to balance its budget, plaintiff Yonkers City Board of Education unilaterally terminated the services of a number of teachers. Defendant Yonkers Federation of Teachers demanded arbitration on this issue under the terms of a job security clause contained in the collective bargaining agreement between the Board and the Federation. Plaintiff then brought a proceeding for a …


Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr. Jan 1977

Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr.

Fordham Urban Law Journal

In an effort to prevent the spread of businesses specializing in adult entertainment, many cities have utilized zoning ordinances to combat problems in certain neighborhoods. New York City, Boston, and Detroit all have instituted such restrictions. This Note will consider whether the zoning of businesses specializing in adult entertainment is a legitimate exercise of the state's police power, analyzing its potential as a violation of the first amendment and the equal protection clause of the fourteenth amendment. In addition, the Note will examine the validity of using the twenty-first amendment to regulate adult entertainment businesses that serve alcoholic beverages.


Note: Involuntary Retirement Under The Age Discrimination Employment Act: The Bona Fide Employee Benefit Plan Exception, Robert F. Tully Jan 1977

Note: Involuntary Retirement Under The Age Discrimination Employment Act: The Bona Fide Employee Benefit Plan Exception, Robert F. Tully

Fordham Urban Law Journal

The purpose of the Age Discrimination Employment Act (ADEA) is "to promote employment of older persons based on their ability rather than age." ADEA covers workers who are at least forty years of age but less than sixty-five. The setting of these age limits, particularly the lower limit, was the cause of much debate during the formation of the law. After examining the problems of older persons seeking employment, Congress concluded that the unemployment rate for older workers was much higher than for younger workers. It found that the setting of arbitrary age limits had become common within industry and …


Case Note: Constitutional Law - Due Process - Municipal Towing Ordinance Authorizing The Assessment Of Towing Fees And Storage Charges Without Notice And Opportunity For Hearing Violates Due Process, Laurie S. Schaffer Jan 1977

Case Note: Constitutional Law - Due Process - Municipal Towing Ordinance Authorizing The Assessment Of Towing Fees And Storage Charges Without Notice And Opportunity For Hearing Violates Due Process, Laurie S. Schaffer

Fordham Urban Law Journal

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Young V. American Mini Theatres, Inc.: Creating Levels Of Protected Speech, Cynthia D. Stevenin Jan 1977

Young V. American Mini Theatres, Inc.: Creating Levels Of Protected Speech, Cynthia D. Stevenin

UC Law Constitutional Quarterly

No abstract provided.


Standards For The Suppression Of Evidence Under The Supreme Court’S Supervisory Power, Earl H. Doppelt, John A. Karaczynski Jan 1977

Standards For The Suppression Of Evidence Under The Supreme Court’S Supervisory Power, Earl H. Doppelt, John A. Karaczynski

Cornell Law Review

No abstract provided.


The Right Of Prisoner Access: Does Bounds Have Bounds?, Josephine R. Potuto Jan 1977

The Right Of Prisoner Access: Does Bounds Have Bounds?, Josephine R. Potuto

Indiana Law Journal

No abstract provided.


Toward The Preservation Of Personal Privacy: Chief Justice Wright's Opinions On Search And Seizure And The Right Of Privacy, Kenneth L. Jesmore Jan 1977

Toward The Preservation Of Personal Privacy: Chief Justice Wright's Opinions On Search And Seizure And The Right Of Privacy, Kenneth L. Jesmore

UC Law Constitutional Quarterly

No abstract provided.


Fred E. Inbau: The Importance Of Being Guilty, Yale Kamisar Jan 1977

Fred E. Inbau: The Importance Of Being Guilty, Yale Kamisar

Journal of Criminal Law and Criminology

No abstract provided.


Cy Pres Powers Of The Federal Bankruptcy Courts - New Hope For Financially Distressed Charities?, George B. Reese Jan 1977

Cy Pres Powers Of The Federal Bankruptcy Courts - New Hope For Financially Distressed Charities?, George B. Reese

Fordham Urban Law Journal

During times of economic turmoil, certain private charitable institutions operating in urban areas often face financial problems. In the past, these institutions - hospitals, community service centers, and the like - were partially reimbursed by government welfare funds for their "public services" expenditures. But as the pressures on municipal budgets have increased, these reimbursements become delayed, and sometimes uncertain. A charitable corporation contemplating a petition in bankruptcy might wish to seek cy pres relief from the bankruptcy court. Cy pres, a common feature of state law, provides that a gift in trust or otherwise which is determined to have been …


A Better Test For Obscenity: Better For The States--Better For Libertarians, Arnold H. Loewy Jan 1977

A Better Test For Obscenity: Better For The States--Better For Libertarians, Arnold H. Loewy

UC Law Journal

No abstract provided.


The Devil And The D.A.: The Civil Abatement Of Obscenity, Sharon Anne Watkins Jan 1977

The Devil And The D.A.: The Civil Abatement Of Obscenity, Sharon Anne Watkins

UC Law Journal

No abstract provided.


Untangling Tarasoff: Tarasoff V. Regents Of The University Of California, Brad Stuart Seligman Jan 1977

Untangling Tarasoff: Tarasoff V. Regents Of The University Of California, Brad Stuart Seligman

UC Law Journal

The duty of psychotherapists to warn threatened third persons of serious danger from their patients was established by the California Supreme Court in Tarasoff v. Regents. After a rehearing, the court in a second opinion modified its holding to provide for a more flexible duty. The author discusses the second opinion, its place in developing concepts of liability, and the major criticisms of the holding. The Note discusses the problem of foreseeability and proposes a standard of care.


Recent Trends In The Criminal Law Jan 1977

Recent Trends In The Criminal Law

Journal of Criminal Law and Criminology

No abstract provided.


Recognition Under Section 501(C)(3) Of The Internal Revenue Code As A Prerequisite To Arts Grants: A Special Problem For Literary Publishers And Art Galleries, Michael E. Skindrud Jan 1977

Recognition Under Section 501(C)(3) Of The Internal Revenue Code As A Prerequisite To Arts Grants: A Special Problem For Literary Publishers And Art Galleries, Michael E. Skindrud

Cleveland State Law Review

This Article will examine the origin and impact of section 501(c)(3)recognition as a prerequisite to arts grants. Arts organizations which have the most difficulty obtaining recognition under section 501(c)(3) include small presses and literary magazines, organizations which assist visual artists with marketing, and certain arts service organizations. Their special problems in obtaining recognition will be examined. This Article suggests the appropriate test for recognition of exemption under section 501(c)(3) for organizations whose sole activity is a business which furthers their exempt purposes. This includes most small presses and literary magazines. The appropriate test is whether an exempt purpose, or profit, …


Tax Break Jan 1977

Tax Break

William & Mary Environmental Law and Policy Review

No abstract provided.


Virginia Zoning Review And Due Process Jan 1977

Virginia Zoning Review And Due Process

William & Mary Environmental Law and Policy Review

No abstract provided.


Fourth Amendment: A Second-Class Constitutional Right For The Purpose Of Federal Habeas Corpus: Stone V. Powell Jan 1977

Fourth Amendment: A Second-Class Constitutional Right For The Purpose Of Federal Habeas Corpus: Stone V. Powell

Nova Law Review

On February 17, 1968, Lloyd Powell and three persons entered a liquor store in California.


Extended Terms For Dangerous Offenders Under The Proposed Federal Criminal Code (S.1): The Emerging Legislative History, James H. Klein Jan 1977

Extended Terms For Dangerous Offenders Under The Proposed Federal Criminal Code (S.1): The Emerging Legislative History, James H. Klein

Loyola University Chicago Law Journal

No abstract provided.


Casenotes: Constitutional Law — Freedom Of Speech — Maryland Court Of Appeals Holds Unconstitutional Maryland's Anti-Residential Picketing Statute. State V. Schuller, 280 Md. 305, 372 A.2d 1076 (1977), Alan Cohen Jan 1977

Casenotes: Constitutional Law — Freedom Of Speech — Maryland Court Of Appeals Holds Unconstitutional Maryland's Anti-Residential Picketing Statute. State V. Schuller, 280 Md. 305, 372 A.2d 1076 (1977), Alan Cohen

University of Baltimore Law Review

No abstract provided.


Constitutional Law - Preferential Quota On Hiring And Promotion Held To Be An Unconstitutional Remedy For Past Discriminatory Employment Practices In New Jersey - Lige V. Town Of Montclair, 72 N.J. 5, 367 A.2d 833 (1976)., Dominic Caruso Jan 1977

Constitutional Law - Preferential Quota On Hiring And Promotion Held To Be An Unconstitutional Remedy For Past Discriminatory Employment Practices In New Jersey - Lige V. Town Of Montclair, 72 N.J. 5, 367 A.2d 833 (1976)., Dominic Caruso

Seton Hall Law Review

No abstract provided.


Surface Coal Mining Law In The Western United States: How Does It Provide For Wildlife, Robert E. Beck Jan 1977

Surface Coal Mining Law In The Western United States: How Does It Provide For Wildlife, Robert E. Beck

North Dakota Law Review

No abstract provided.


Federalism And Federal Regulation Of Public Employers: The Implications Of National League Of Cities V. Usery, W. Harding Drane Jan 1977

Federalism And Federal Regulation Of Public Employers: The Implications Of National League Of Cities V. Usery, W. Harding Drane

Cleveland State Law Review

The purpose of this Note is to examine the limits of the federal commerce power when applied to the states as states, using as a focal point, the controversies which have arisen in the application of the Fair Labor Standards Act of 1938 (FLSA).


Session Law 77-333, Florida Senate & House Of Representatives Jan 1977

Session Law 77-333, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.


Municipal Law, Cornelia Griffin Farmer Jan 1977

Municipal Law, Cornelia Griffin Farmer

Marquette Law Review

No abstract provided.


White V. Fleming: In Search Of A Standard Of Review For Classification Based On Sex, Donald J. Wall Jan 1977

White V. Fleming: In Search Of A Standard Of Review For Classification Based On Sex, Donald J. Wall

Marquette Law Review

No abstract provided.


Constitutional Law - Due Process - Suspension Or Revocation Of A Driver's License Without Prior Hearing Deemed Constitutionally Adequate, Daniel L. Hovland Jan 1977

Constitutional Law - Due Process - Suspension Or Revocation Of A Driver's License Without Prior Hearing Deemed Constitutionally Adequate, Daniel L. Hovland

North Dakota Law Review

No abstract provided.


Infants - Crimes - Youths Sentenced Under Federal Youth Corrections Act May Not Be Confined In A Correctional Institution With Adult Offenders, Paul F. Richard Jan 1977

Infants - Crimes - Youths Sentenced Under Federal Youth Corrections Act May Not Be Confined In A Correctional Institution With Adult Offenders, Paul F. Richard

North Dakota Law Review

No abstract provided.


The Aggregate Interest In Shared Respect And Human Rights: The Harmonization Of Public Order And Civic Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen Jan 1977

The Aggregate Interest In Shared Respect And Human Rights: The Harmonization Of Public Order And Civic Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.


Current Perspectives In Corrections: A Cacophony, Herbert S. Miller Jan 1977

Current Perspectives In Corrections: A Cacophony, Herbert S. Miller

Law and Contemporary Problems

No abstract provided.