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Fordham Law School

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Voluntary Environmental Compliance Auditing: A Primer, Somendu B. Majumdar Jan 1996

Voluntary Environmental Compliance Auditing: A Primer, Somendu B. Majumdar

Fordham Environmental Law Review

No abstract provided.


Keynote Adress, Dennis C. Vacco Jan 1996

Keynote Adress, Dennis C. Vacco

Fordham Environmental Law Review

No abstract provided.


Environmental Audit Policy, Mark L. Manewitz Jan 1996

Environmental Audit Policy, Mark L. Manewitz

Fordham Environmental Law Review

No abstract provided.


Proof Of Knowledge Under Rcra And Use Of The Repsonsible Corporate Officer Doctrine, Barbara Ditata Jan 1996

Proof Of Knowledge Under Rcra And Use Of The Repsonsible Corporate Officer Doctrine, Barbara Ditata

Fordham Environmental Law Review

No abstract provided.


Structures Of Environmental Criminal Enforcement, Michael Hertz Jan 1996

Structures Of Environmental Criminal Enforcement, Michael Hertz

Fordham Environmental Law Review

No abstract provided.


Ounces Of Prevention And Pounds Of Cure: Developing Sound Policies For Environemtnal Compliance Programs, Lucia Ann Silecchia Jan 1996

Ounces Of Prevention And Pounds Of Cure: Developing Sound Policies For Environemtnal Compliance Programs, Lucia Ann Silecchia

Fordham Environmental Law Review

No abstract provided.


Environmetnal Self-Audit Privilege: The Straw That Breaks The Back Of Criminal Prosecutions, Linda A. Spahr Jan 1996

Environmetnal Self-Audit Privilege: The Straw That Breaks The Back Of Criminal Prosecutions, Linda A. Spahr

Fordham Environmental Law Review

No abstract provided.


Staff Accounting Bulletin 92: A Paradigmatic Shift In Disclosure Standards, Peter N. Ching, Brian M. Diglio Jan 1996

Staff Accounting Bulletin 92: A Paradigmatic Shift In Disclosure Standards, Peter N. Ching, Brian M. Diglio

Fordham Environmental Law Review

No abstract provided.


A.B.A. Manual For Conplex Insurance Coverage Litigation: A Prescription For Insurance Nullification, Eugene R. Anderson, Edward M. Joyce, John P. Gaisor Jan 1996

A.B.A. Manual For Conplex Insurance Coverage Litigation: A Prescription For Insurance Nullification, Eugene R. Anderson, Edward M. Joyce, John P. Gaisor

Fordham Environmental Law Review

No abstract provided.


The Use Of Institutional Controls In Superfund And Similar State Laws, Susan C. Borinsky Jan 1996

The Use Of Institutional Controls In Superfund And Similar State Laws, Susan C. Borinsky

Fordham Environmental Law Review

No abstract provided.


Insolvency Law And Reform In The People's Republic Of China, Ronald Winston Harmer Jan 1996

Insolvency Law And Reform In The People's Republic Of China, Ronald Winston Harmer

Fordham Law Review

No abstract provided.


Legal Process Scholarship And The Regulation Of Lawyers Special Issue: Institutional Choices In The Regulation Of Lawyers: Foreword , Ted Schneyer Jan 1996

Legal Process Scholarship And The Regulation Of Lawyers Special Issue: Institutional Choices In The Regulation Of Lawyers: Foreword , Ted Schneyer

Fordham Law Review

No abstract provided.


Who Can Best Regulate The Ethics Of Federal Prosecutors, Or, Who Should Regulate The Regulators: Response To Little, Fred C. Zacharias Jan 1996

Who Can Best Regulate The Ethics Of Federal Prosecutors, Or, Who Should Regulate The Regulators: Response To Little, Fred C. Zacharias

Fordham Law Review

No abstract provided.


Towards A Common Law Of Sentencing: Developing Judicial Precedent In Cyberspace , Robert W. Sweet, D. Evan Van Hook, Edward V. Di Lello Jan 1996

Towards A Common Law Of Sentencing: Developing Judicial Precedent In Cyberspace , Robert W. Sweet, D. Evan Van Hook, Edward V. Di Lello

Fordham Law Review

No abstract provided.


Report Of The Working Group On The Allocation Of Decision Making, Pamela Mohr Jan 1996

Report Of The Working Group On The Allocation Of Decision Making, Pamela Mohr

Fordham Law Review

No abstract provided.


From Vulnerability To Voice: Appointing Counsel For Children In Civil Litigation, Catherine J. Ross Jan 1996

From Vulnerability To Voice: Appointing Counsel For Children In Civil Litigation, Catherine J. Ross

Fordham Law Review

No abstract provided.


The Ethics Of Empowerment: Rethinking The Role Of Lawyers In Interviewing And Counseling The Child Client, Katherine Hunt Federle Jan 1996

The Ethics Of Empowerment: Rethinking The Role Of Lawyers In Interviewing And Counseling The Child Client, Katherine Hunt Federle

Fordham Law Review

No abstract provided.


Moral Issues In Environmental Crime, Susan F. Mandiberg Jan 1996

Moral Issues In Environmental Crime, Susan F. Mandiberg

Fordham Environmental Law Review

No abstract provided.


Constitution Notwithstanding: The Political Illegitimacy Of The Death Penalty In American Democracy, Stephen H. Jupiter Jan 1996

Constitution Notwithstanding: The Political Illegitimacy Of The Death Penalty In American Democracy, Stephen H. Jupiter

Fordham Urban Law Journal

This Comment argues that the death penalty is inconsistent with underlying principles of American democracy and is thus illegitimate as a matter of political philosophy, despite its conceded constitutionality. It analyzes the Supreme Court's idiosyncratic treatment of challenges to capital punishment on grounds of due process, equal protection and cruel and unusual punishment, demonstrating the unreliability of such challenges. It examines in detail the death penalty's political implications for the American system of democracy and why those implications render capital punishment illegitimate in our society. It discusses the role of the political process in the abolition of the death penalty. …


Liberta Revisited: A Call To Repeal The Marital Examption For All Sex Offenses In New York's Penal Law, Cassandra M. Delamothe Jan 1996

Liberta Revisited: A Call To Repeal The Marital Examption For All Sex Offenses In New York's Penal Law, Cassandra M. Delamothe

Fordham Urban Law Journal

This Note argues that to fully protect victims of spousal sexual assault, the New York Legislature should codify the Liberta decision and repeal the marital exemption for all sex offenses. It outlines the history of the marital rape exemption and its evolution in New York. It discusses the Liberta decision and the barriers to effective prosecution of marital rape, such as the legal standard for "force," prosecutorial discretion in charging husbands, and gender bias in the courts. It gives policy arguments for a statutory amendment and offers a proposed statute to replace the current sex offenses section of the Penal …


The First Forty Years Of The Commission On Human Rights, Marta B. Varela Jan 1996

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.


Some Thoughts And Reflections On The Fortieth Anniversary Of The New York City Human Rights Commission Jan 1996

Some Thoughts And Reflections On The Fortieth Anniversary Of The New York City Human Rights Commission

Fordham Urban Law Journal

This article serves as a response to a previous article in this issue, entitled Local Law Enforcement of Laws Prohibiting Discrimination in Housing: The New York City Human Rights Commission, by Michael H. Schill. This article reflects the tripartite structure of Schill's, and comments on each of the three sections in turn: first, the article conducts an analysis of the statistical evidence of housing discrimination; second, this article contemplates the myriad consequences of discrimination on minority communities; finally, the paper concludes with a reflection on the future prospects of the Human Rights Commission in anti-discrimination law.


The Application Of Civil Rights Laws To Housing Cooperatives: Are Co-Ops Bastions Of Discriminatory Exclusion Or Self-Selecting Models Of Community-Based Living?, Rosemarie Maldonado, Robert D. Rose Jan 1996

The Application Of Civil Rights Laws To Housing Cooperatives: Are Co-Ops Bastions Of Discriminatory Exclusion Or Self-Selecting Models Of Community-Based Living?, Rosemarie Maldonado, Robert D. Rose

Fordham Urban Law Journal

Despite one of the nation's broadest civil rights laws for residents of housing cooperatives, few of New York City's discrimination claims in the cooperative housing market are pursued. In this article, the authors provide an overview of the cooperative housing market in New York City, including anecdotal evidence of discrimination. Next, the article discusses the legal framework of the housing cooperative before a brief analysis of city, state and federal anti-discrimination laws applicable to cooperatives. Finally, the article undertakes an analysis of cases in which antidiscrimination laws have been applied to cooperatives. The author concludes with recommendations for cooperatives and …


A New Sword To Slay The Dragon: Using New York Law To Combat Environmental Racism, Kimberlianne Podlas Jan 1996

A New Sword To Slay The Dragon: Using New York Law To Combat Environmental Racism, Kimberlianne Podlas

Fordham Urban Law Journal

In this article, the author explores legal strategies available to New York plaintiffs seeking to raise an environmental racism claim. In Part I, the article provides a brief overview of the problem of environmental racism. Part II highlights the interplay between state and federal law, explaining the superiority of state laws in developing strategies for novel legal claims. This is surprising because no plaintiff has filed such a claim under state law in New York. The author concludes with the substantive areas of New York state law-both statutory and constitutional- available to plaintiffs making an environmental racism claim and also …


Modifying The Escalera Consent Decree: A Case Study On The Application Of The Rufo Test, Valerie D. White Jan 1996

Modifying The Escalera Consent Decree: A Case Study On The Application Of The Rufo Test, Valerie D. White

Fordham Urban Law Journal

This Note argues that modifying the Escalera degree is appropriate under Rufo and would allow NYCHA to maintain a safe environment for its residents. It expains the standard used in modifying a consent decree, pre- and post-Rufo, as well as the difficulties in applying the Rufo test. It traces the history of the Escalera Consent Decree, outlines the arguments for and against modification, and applies Rufo to the proposed modification of Escalera, arguing that modification is appropriate because the facts have changed significantly since the Decree was signed, and the modification sought is appropriately tailored to those changed circumstances.


The Brown V. Giuliani Injunction: Combating Bureaucratic Disentitlement, Maria Fazzolari Jan 1996

The Brown V. Giuliani Injunction: Combating Bureaucratic Disentitlement, Maria Fazzolari

Fordham Urban Law Journal

This Comment supports the preliminary injunction decision in Brown v. Giuliani, and demonstrates why judicial intervention is appropriate in welfare litigation to protect the constitutional rights of welfare recipients. It describes the New York City welfare administration system and its statutory framework, detailing the bureaucratic problems facing the system. It also describes "bureaucratic disentitlement," whereby largely obscure administrative proceedings function to effectively delay of deny welfare payments to eligible recipients. It examines the traditional judicial remedies and their general impotence in combating bureaucratic disentitlement, and the preliminary injunction decision granted in Brown and the justiciability of separation of powers issues …


Sica: The First Twenty Years, Constantine N. Katsoris Jan 1996

Sica: The First Twenty Years, Constantine N. Katsoris

Fordham Urban Law Journal

This Article provides a broad overview of the topic of securities arbitration. It expresses the views of litigants from both sides of the spectrum. It argues that the public must trust in the integrity of the SRO (self-regulatory organization) arbitration process for securities arbitration to remain the basically mandatory system that it is today. The Article traces the evolution of arbitration rules in effect at various SROs. It then examines the Uniform Code of Arbitration in detail, and the SRO Codes. It explores the role of the American Arbitration Association (AAA), the NYSE Symposium, the Ruder Report and the Role …


Equality, Liberty, And A Fair Income Tax, Marjorie E. Kornhauser Jan 1996

Equality, Liberty, And A Fair Income Tax, Marjorie E. Kornhauser

Fordham Urban Law Journal

This Article summarizes various formal theories of justice and of income taxation. It explores the nature of the American perception of justice. First, it provides an overview of the two political concepts that have shaped our country—liberty and equality. It then summarizes the American tradition, labeled "moral economic individualism," that articulates the meanings of liberty and equality that resonate most strongly within the national psyche. It surveys empirical evidence of American beliefs about distributive justice and taxation. The Article concludes that American beliefs in liberty and equality support a mildly progressive hybrid income-consumption tax, rather than a pure income tax …


Temper In The Court: A Forum On Judicial Civility, Norman Greene, Robert Tembeckjian, Ellen Carni, Ron Kuby Jan 1996

Temper In The Court: A Forum On Judicial Civility, Norman Greene, Robert Tembeckjian, Ellen Carni, Ron Kuby

Fordham Urban Law Journal

Transcript of a panel discussion concerning the need for judges to be more civil to litigants. What is the floor below which judicial intemperance is not acceptable and the ceiling, that is, what judges should aspire to.


A Perspecive On "Temper In The Court: A Forum On Judicial Civility", Norman L. Greene Jan 1996

A Perspecive On "Temper In The Court: A Forum On Judicial Civility", Norman L. Greene

Fordham Urban Law Journal

This Essay focuses on the issue of judicial civility, which is not about the merits of any particular decision or an improvement in decision-making, but an aim to improve the tone of justice in the courts. Despite the fact that the Code of Judicial Conduct mandates temperance as part of a judge's job, abusive judge behavior has become too common.