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Articles 6661 - 6690 of 8589
Full-Text Articles in Entire DC Network
The Implicit "Takings" Jurisprudence Of Article 9 Of The Uniform Commercial Code, David Frisch
The Implicit "Takings" Jurisprudence Of Article 9 Of The Uniform Commercial Code, David Frisch
Fordham Law Review
No abstract provided.
Judge Plager's "Sea Change" In Regulary Takings Law, James L. Huffman
Judge Plager's "Sea Change" In Regulary Takings Law, James L. Huffman
Fordham Environmental Law Review
No abstract provided.
The Non-Impact Of The United States Supreme Court Regularoy Taking Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg
The Non-Impact Of The United States Supreme Court Regularoy Taking Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg
Fordham Environmental Law Review
No abstract provided.
Shots Across No Man's Land: A Response To Handgun Control, Inc.'S, Richard Aborn, Nicholas J. Johnson
Shots Across No Man's Land: A Response To Handgun Control, Inc.'S, Richard Aborn, Nicholas J. Johnson
Fordham Urban Law Journal
In response to Richard Aborn's article "The Battle Over the Brady Bill and the Future of Gun Control Advocacy, Johnson argues that Aborn's "bad gun formula" trivializes the Second Amendment, ignores issues vital to the gun control debate, and obfuscates what should ultimately need to be a choice between an armed citizenry or a disarmed one. Aborn's article suggests no real changes and does not effectively advance the debate.
The Price Of Landlord's "Free" Exercise Of Religion: Tenant's Rights To Discrimination-Free Housing And Privacy, Maureen E. Markey
The Price Of Landlord's "Free" Exercise Of Religion: Tenant's Rights To Discrimination-Free Housing And Privacy, Maureen E. Markey
Fordham Urban Law Journal
No precedent from the United States Supreme Court or other jurisprudence supports an individual, court-ordered free exerciseexemption for a landlord who violates the antidiscrimination laws while engaged in the business of rental housing. The fair housing laws are designed specifically to protect tenants from discrimination based on a landlord's personal biases. Although neither courts nor legislatures can dictate the morals of the marketplace, neither should they condone discriminatory acts that are clothed in the respectable shroud of the free exercise of religion. An exemption based not upon the landlord's own conduct, but on the landlord's disapproval of the presumed conduct …
The Administration Of Public Assistance, James A. Krauskopf
The Administration Of Public Assistance, James A. Krauskopf
Fordham Urban Law Journal
This Essay discusses the problems of implementation and administration of proposed welfare reforms. It gives a brief historical background on such reforms, describes the nature of their administration, discusses current and proposed reforms and the public perceptions of them, and compares welfare to other government expenditures. It concludes by recommending that social services be integrated at the local rather than federal level.
Disability And Welfare Reform: Keep The Supplemental Security Income Program But Reengineer The Disability Determination Process, Gay Gellhorn
Fordham Urban Law Journal
The thesis of this Article is that reform of the Supplemental Security Income disability program is properly on the welfare reform agenda, but not in the terms cast by proposed legislation. Procedural reform targeting identified problems should be the first step, rather than the termination of the federal entitlement program or the re-writing of the eligibility criteria. Substantive reform should follow such procedural reform. Therefore, this Article will focus particularly on procedural reform, although it will place that discussion in the context of the current legislative climate. Part II of this Article describes the current disability determination process and why …
The Failures Of Litigation As A Tool For The Development Of Social Welfare Policy, Susan V. Demers
The Failures Of Litigation As A Tool For The Development Of Social Welfare Policy, Susan V. Demers
Fordham Urban Law Journal
This article argues that litigation is largely counterproductive to the development of a coherent and feasible social welfare policy and interferes with the constitutionally-derived separation of powers. It describes the proper role of the courts when evaluating government actions and the proper procedures for doing so. It then discusses several cases brought against the New York State Department of Social Services and local governments, arguing that the courts have abandoned their appropriate role, and using these decisions to illustrate its thesis.
Is There A Doctrine In The House? Welfare Reform And The Unconstitutional Conditions Doctrine, Jonathan Romberg
Is There A Doctrine In The House? Welfare Reform And The Unconstitutional Conditions Doctrine, Jonathan Romberg
Fordham Urban Law Journal
This Article proposes that courts should subject unconstitutional conditions cases to intermediate scrutiny rather than presuming that a conditioned benefit is either valid or invalid based on its formal attributes. In conducting intermediate scrutiny, courts should consider: (i) the degree of equality or neutrality demanded by the underlying constitutional right; (ii) the importance of the benefit to the recipient; (iii) the germaneness of the condition to the reason the government may legitimately deny the benefit in the absence of the condition, and thus whether the government is attempting to use its economic and regulatory powers to gain leverage over a …
The Implications Of Current Welfare Reform Proposals For The Housing Assistance System, Sandra J. Newman
The Implications Of Current Welfare Reform Proposals For The Housing Assistance System, Sandra J. Newman
Fordham Urban Law Journal
This Essay assesses proposals to reform welfare from the perspective of effects on housing assistance. The focus is on the two welfare reform proposals that have received the most attention during late 1994 and early 1995: the Clinton Administration's Work and Responsibility Act (WRA and the Republican Party's Personal Responsibility Act (PRA). This analysis is limited to the provisions in each bill regarding time limits, eligibility restrictions, and work requirements for AFDC recipients, and estimates how the housing assistance system would be affected if these provisions were in effect today. This analysis focuses on two types of impacts: effects on …
Note: New York City's Restrictive Zoning Of Adult Businesses: A Constitutional Analysis, Rachel Simon
Note: New York City's Restrictive Zoning Of Adult Businesses: A Constitutional Analysis, Rachel Simon
Fordham Urban Law Journal
Part I explores the adult pornography industry in New York City and the constitutional framework developed by both federal and New York State courts to regulate non-obscene pornographic expression. Part II analyzes the City's Adult Zoning Resolution in light of decisions of the New York State Court of Appeals, the United States Supreme Court, and various federal district and circuit courts. Part III proposes changes that will increase the probability that the City's Adult Zoning Resolution will survive constitutional challenges. This Note concludes that although the current version of the City's Adult Zoning Resolution infringes unconstitutionally on adult business owners' …
Federal Rules Of Evidence And The Political Process, David P. Leonard
Federal Rules Of Evidence And The Political Process, David P. Leonard
Fordham Urban Law Journal
An important tenet of American evidence law is the strict regulation on the introduction of character evidence. This principal has begun to be chipped away at through the adoption of amendments that allow character evidence to be introduced in certain types of cases. The Federal Rules of Evidence were subject to very little amendment during their first 20 years of use, and have always represented a blend of conservatism about evidence law and political compromise. This tension has been kept in check until the proposal of Rules 413-415, which represents a concession to the politicization of the rules. Before imposing …
American Bar Association Criminal Justice Section Report To The House Of Delegates, Myrna S. Raeder
American Bar Association Criminal Justice Section Report To The House Of Delegates, Myrna S. Raeder
Fordham Urban Law Journal
The proposed amendments to the Federal Rules of Evidence, Rules 413-15 regarding the admission of character testimony in cases of sexual abuse and child molestation, have been roundly criticized by the legal community on both substantive and procedural grounds. The ABA has resolved to oppose the substance of these rules, and fear that in addition to the direct concerns regarding the result of the rules, they raise troubling policy issues going forward.
The Battle Over The Brady Bill And The Future Of Gun Control Advocacy, Richard M. Aborn
The Battle Over The Brady Bill And The Future Of Gun Control Advocacy, Richard M. Aborn
Fordham Urban Law Journal
No matter how effective a legislative scheme is, legislation alone will not eradicate the deeply rooted culture of gun violence that exists in this country. Accordingly, Handgun Control divides its efforts between legislative and non-legislative efforts. In this regard, the Center to Prevent Handgun Violence carries out the non-legislative interventions of Handgun Control. These efforts include working with elementary, secondary and high schools to promote a gun violence reduction curriculum; litigating on behalf of gun victims; defending gun control legislation in the courts; working with the entertainment industry concerning the messages in popular entertainment about gun violence; and working with …
Takings Law And The Regulatory State: A Response To R.S. Radford, William Michael Treanor
Takings Law And The Regulatory State: A Response To R.S. Radford, William Michael Treanor
Fordham Urban Law Journal
In the Winter 1994 issue of the Fordham Urban Law Journal, R.S. Radford reviewed Dennis Coyle's book "Property Rights and the Constitution." Radford's theory relies on the idea that property rights deserve greater constitutional protection than they have received in the 60 years since the Supreme Court accepted the legitimacy of the regulatory state. This article reviews Radford's interpretation and criticism of Coyle's theory, analyzes Radford's theories in light of recent cases, and discussed the constitutional implications of Radford's analysis and how they relate to the economic regulations that they empower.
Are Executions In New York Inevitable?, Ronald J. Tabak
Are Executions In New York Inevitable?, Ronald J. Tabak
Fordham Urban Law Journal
This article is an edited trascription of a program considering whether executions in New York State are inevitable. Shortly after the program a law was enacted to this effect, however, Mr. Tabak argues that the law is so badly flawed that it may not survive judicial scrutiny. Present on the panel were Barbara Paul Robinson, John Cardinal O'Connor, Dean John Feerick, Archibald Murray, Thomas McDermott, Lee Grant, Cessie Alfonso and George Kendall.
Charging Parties Left Out: Intervention In Section 10(J) National Labor Relations Act Injunction Proceedings, John D. Doyle, Jr.
Charging Parties Left Out: Intervention In Section 10(J) National Labor Relations Act Injunction Proceedings, John D. Doyle, Jr.
Fordham Urban Law Journal
Federal Rule of Civil Procedure 24(a)(2) entitles charging parties to intervene as of right in Section 10(j) proceedings for preliminary injunctive relief. The Scottex court's analysis and its determination that the charging party's Rule 24(a)(2) motion to intervene was due to be granted, were correct. The Scottex analysis comports with the federal labor law scheme and is the only analysis that takes proper account of the Supreme Court's decision in Trbovich. Moreover, it is the only analysis that is consistent with the text and purposes of both Rule 24(a)(2) and Section 100.
Replace Welfare For Contingent Workers With Unemployment Compensation, Stephen Bingham
Replace Welfare For Contingent Workers With Unemployment Compensation, Stephen Bingham
Fordham Urban Law Journal
This essay examines the manner in which the current unemployment insurance system maintains poverty and increases dependence on public assistance programs. It examines the plight of the working poor, the inadequacy of unemployment compensation, and the failure of welfare to compensate for the weaknesses of the unemployment system. It then proposes reforms to the unemployment compensation system, and a new system for employable individuals without ties to the workforce, explaining why this proposal makes sense in light of the current unemployment situation.
Race, Rat Bites And Unfit Mothers: How Media Discourse Informs Welfare Legislation Debate, Lucy A. Williams
Race, Rat Bites And Unfit Mothers: How Media Discourse Informs Welfare Legislation Debate, Lucy A. Williams
Fordham Urban Law Journal
The goal of this article is to expose and critique the media images of poor women that drive legislative debate in AFDC public policy issues. Part II discusses the media image and its centrality in shaping social perceptions of welfare. Part III explores the impact of media images on law-making by focusing on three statutory time periods: 1935, when the AFDC program was initially enacted as part of the Social Security Act; 1967, when the first mandatory work requirements were, added to the AFDC statute; and the present, when states are implementing widely divergent categorical eligibility requirements that restrict AFDC …
Note: Diamond Is The Rtc's Best Friend: Federal Preemption And The Balance Of The Term Of Rent Regulated Leases In Resolution Trust Corporation V. Diamond, Daniel N. Zinman
Note: Diamond Is The Rtc's Best Friend: Federal Preemption And The Balance Of The Term Of Rent Regulated Leases In Resolution Trust Corporation V. Diamond, Daniel N. Zinman
Fordham Urban Law Journal
This Note provides an overview of the New York City rent regulations and FIRREA and discusses their relevance to the Diamond decisions. Part III of this Note describes the reasons the RTC should be allowed to repudiate the tenancies, based on express and conflict preemption analyses. Part IV addresses the length of the balance of the term of a rent regulated lease. Part V concludes that the rent regulated leases may be repudiated by the RTC, that the balance of the term of a rent stabilized lease is theremaining time in the renewal period, and that more statutory guidance is …
Note: Finger Imaging: A 21st Century Solution To Welfare Fraud At Our Fingertips, James J. Killerlane Iii
Note: Finger Imaging: A 21st Century Solution To Welfare Fraud At Our Fingertips, James J. Killerlane Iii
Fordham Urban Law Journal
This Note describes the finger imaging process and summarizes the current New York Social Services law regarding public assistance. It also outlines the current finger imaging bill before the New York State Legislature. Part III examines and considers the two major policy arguments against the implementation of the program. Part IV outlines the legal controversy regarding finger imaging and addresses each express concern as well as constitutional issues. Part V compares New York's finger imaging legislation with similar legislation already in place in California and argues that the New York program will be as effective as California's. In conclusion, this …
Suits For The Hirsute: Defending Against America's Undeclared War On Beards In The Workplace, James M. Maloney
Suits For The Hirsute: Defending Against America's Undeclared War On Beards In The Workplace, James M. Maloney
Fordham Law Review
No abstract provided.
The Pledge Of Allegiance Problem, Abner S. Greene
The Pledge Of Allegiance Problem, Abner S. Greene
Fordham Law Review
No abstract provided.
The Decolonization Of Gibraltar, Hon. J. J. Bossano
The Decolonization Of Gibraltar, Hon. J. J. Bossano
Fordham International Law Journal
No abstract provided.
The International Criminal Court: Issues Of Law And Political Will, Jelena Pejic
The International Criminal Court: Issues Of Law And Political Will, Jelena Pejic
Fordham International Law Journal
No abstract provided.
The Destruction Of Yugoslavia, Svetozar Stojanovic
The Destruction Of Yugoslavia, Svetozar Stojanovic
Fordham International Law Journal
If my statement about the first Yugoslavia being in many ways a non-synchronized and contradictory state is correct, what then can be said about the second Yugoslavia that endeavored, by keeping silent, to fill in the fatal fissure opened in Jasenovac and other places of annihilation of Serbs in the so-called Independent State of Croatia during the Second World War? For that reason, the former intermediator of the "international community" in Yugoslav conflicts, Lord Carrington, has repeatedly stated that with its new Constitution, Croatia rekindled the conflict with the Serbs.
Aron Broches, Selected Essays: World Bank, Icsid And Other Subjects Of Public And Private International Law, Victor Essien
Aron Broches, Selected Essays: World Bank, Icsid And Other Subjects Of Public And Private International Law, Victor Essien
Fordham International Law Journal
This book contains twenty-five essays and is divided into six parts: (1) the International Bank for Reconstruction and Development; (2) Registration of Treaties and International Agreements; (3) the International Center for the Settlement of Investment of Disputes; (4) International Commercial Arbitration; (5) Investment Disputes; and (6) a section devoted to miscellaneous topics.
The Destruction Of Yugoslavia, Svetozar Stojanovic
The Destruction Of Yugoslavia, Svetozar Stojanovic
Fordham International Law Journal
If my statement about the first Yugoslavia being in many ways a non-synchronized and contradictory state is correct, what then can be said about the second Yugoslavia that endeavored, by keeping silent, to fill in the fatal fissure opened in Jasenovac and other places of annihilation of Serbs in the so-called Independent State of Croatia during the Second World War? For that reason, the former intermediator of the "international community" in Yugoslav conflicts, Lord Carrington, has repeatedly stated that with its new Constitution, Croatia rekindled the conflict with the Serbs. The essay will begin by discussing discuss the paralization to …
The Notion Of Ancillary Restraints Under Ec Competition Law, F. Enrique González Díaz
The Notion Of Ancillary Restraints Under Ec Competition Law, F. Enrique González Díaz
Fordham International Law Journal
This Article examines the scope of the so-called ancillary restraints doctrine under European Community (“EC”) competition law and the legal consequences of its implementation in light of the administrative practice of the European Commission and the case-law of the European Court of Justice (“Court of Justice” or “Court”).