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Articles 6751 - 6780 of 8581
Full-Text Articles in Entire DC Network
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines Include: O'Hare Cuts Ribbon for New Student Offices; Fordham Adjunct Tabbed for DOI Post; Holiday Ripoffs
Hearing: Relating To The Death Of A President-Designate Between The General Election And Inauguration, Committee On The Judiciary. Senate. United States.
Hearing: Relating To The Death Of A President-Designate Between The General Election And Inauguration, Committee On The Judiciary. Senate. United States.
Congressional Materials
Senate Judiciary Committee hearing on presidential succession in the pre-inaugural period, addressing what would happen if the winning presidential and vice presidential candidates became unavailable before they were sworn into office. The following witnesses testified at the hearing: former U.S. Senator Birch Bayh; Assistant Attorney General Walter Dillinger; Federal Election Commission Chairman Trevor Potter; Yale Law School Professor Akhil Reed Amar; and Georgetown University Professor Walter Berns.
Commentary, Ronald J. Tabak
Commentary, Ronald J. Tabak
Fordham Urban Law Journal
Ronald J. Tabak, Chair of the Committee on the Death Penalty for the American Bar Association's Section of Individual Rights and Responsibilities, discusses the Section's purpose in organizing Forhdam University School of Law's panel discussion on "Politics and the Death Penalty." The goal was to illuminate the variety of effects of a widespread perception that the belief of legislators, governors, prosecutors, judges, clemency boards, political candidates and others that the public is overwhelmingly in support of capital punishment. The Section aimed to bring together knowledgeable people from a variety of perspectives to discuss (a) how the capital punishment system and …
Planning, Power And Politics: A Case Study Of The Land Use And Siting History Of The North River Water Pollution Control Plant, Vernice D. Miller
Planning, Power And Politics: A Case Study Of The Land Use And Siting History Of The North River Water Pollution Control Plant, Vernice D. Miller
Fordham Urban Law Journal
This Essay discusses one example of environmental racism in New York City – the planning and construction of the North River Water Pollution Control Plant in West Harlem. This case study of the West Harlem community depicts how race-based land use planning and environmental policy-making transformed West Harlem, one of this city’s most beautiful communities, into a giant dumping ground. Since 1968, the North River Water Pollution Control Plant has irritated the residents of West Harlem. Initially, countless public hearings and community meetings were held to address why this facility was being built in this community. After the Plant was …
Sentencing Trends In Environmental Law: An "Informed" Public Response, Lauren A. Lundin
Sentencing Trends In Environmental Law: An "Informed" Public Response, Lauren A. Lundin
Fordham Environmental Law Review
No abstract provided.
A Chapter 7 Trustee's Abandonment Of Environmentally-Impaired Property: Midlantic, Post-Midlantic Interpreatition And The Plague Of Results-Oriented Legal Analysis, Stephen B. Kong
Fordham Environmental Law Review
No abstract provided.
Causes Of Action For Emf Harm, Roy A. Torres
Causes Of Action For Emf Harm, Roy A. Torres
Fordham Environmental Law Review
No abstract provided.
Superfund Reauthorization: Impact On State Environmental Enforcement, Gordon J. Johnson
Superfund Reauthorization: Impact On State Environmental Enforcement, Gordon J. Johnson
Fordham Environmental Law Review
No abstract provided.
The Interface Between Bankruptcy And Cercla: Where Does New Legislation Belong, Joel M. Gross
The Interface Between Bankruptcy And Cercla: Where Does New Legislation Belong, Joel M. Gross
Fordham Environmental Law Review
No abstract provided.
Civil Justice Reform: Juggling Between Politics And Perfection, Patrick Johnston
Civil Justice Reform: Juggling Between Politics And Perfection, Patrick Johnston
Fordham Law Review
In this Article, Professor Johnston analyzes the Civil Justice Reform Act of 1990 and its requirement that every United States District Court direct substantial resources toward reducing delay in the courts. He discusses the Civil Justice Reform Act in the context of a tradition of reform efforts directed at reducing delay, and considers how it shapes our understanding of delay, and ultimately, procedural justice. Professor Johnston questions the utility of using the speed of case processing as a gauge of procedural justice, and criticizes the limited model of procedural justice promoted by the Act and other similar efforts of delay …
"Who, Me?": A Supervisor's Individual Liability For Discrimination In The Workplace, Christopher Greer
"Who, Me?": A Supervisor's Individual Liability For Discrimination In The Workplace, Christopher Greer
Fordham Law Review
No abstract provided.
The International Monetary System: Past, Present And Future, Dominick Salvatore
The International Monetary System: Past, Present And Future, Dominick Salvatore
Fordham Law Review
No abstract provided.
Getting Civilized, Carol Gilligan
Men, Women And Rape, Donald Dripps, Linda Fairstein, Robin West, Deborah W. Denno
Men, Women And Rape, Donald Dripps, Linda Fairstein, Robin West, Deborah W. Denno
Fordham Law Review
No abstract provided.
The Wake Of Paramount V. Qvc: Can A Majority Shareholder Avoid Triggering The Auction Duty During A Merger And Retain A Significant Equity Interest? Suggestion: A Pooling Of Interests, Phillip J. Azzollini
The Wake Of Paramount V. Qvc: Can A Majority Shareholder Avoid Triggering The Auction Duty During A Merger And Retain A Significant Equity Interest? Suggestion: A Pooling Of Interests, Phillip J. Azzollini
Fordham Law Review
No abstract provided.
Enforcement Of Inernational Environmental Treaties: At Analysis, Andrew Watson Samaan
Enforcement Of Inernational Environmental Treaties: At Analysis, Andrew Watson Samaan
Fordham Environmental Law Review
No abstract provided.
City Versus Countryside: Environmental Equity In Context, A. Dan Tarlock
City Versus Countryside: Environmental Equity In Context, A. Dan Tarlock
Fordham Urban Law Journal
This Article takes an approach to the problem of environmental equity that is different from the remedies advocated by the leaders of the environmental equity movement. The plea that the benefits of environmental protection be extended to all groups in society is, of course, a legitimate one, but the movement is too narrowly focused and its aims are too modest. I dissent from the two central premises held by environmental equity advocates. First, the movement assumes that judicially recognized and enforced rights will lead to improved public health. Second, the movement asserts that disadvantaged communities should adopt a “Not in …
Environmental Justice And Sustainability: Is There A Critical Nexus In The Case Of Waste Disposal Or Treatment Facility Siting?, Kent E. Portney
Environmental Justice And Sustainability: Is There A Critical Nexus In The Case Of Waste Disposal Or Treatment Facility Siting?, Kent E. Portney
Fordham Urban Law Journal
Over the past ten years, two environmental "movements," have evolved and gained rapidly in both stature and import. One of these, the environmental justice or equity movement, has sensitized Americans to its contention that minority populations and people of lower socio-economic status have disproportionately borne the risks of environmentally impacting events. The other movement, advocating sustainability, focuses on fostering behavior and policies that contribute to economic growth in environmentally responsible ways. In actuality, as will be elaborated later, sustainability has several meaning, which can be categorized in at least three distinct and sometimes even contradictory ways. Any connection between the …
The Meaning Of Urban Environmental Justice, Michel Gelobter, Ph.D.
The Meaning Of Urban Environmental Justice, Michel Gelobter, Ph.D.
Fordham Urban Law Journal
Environmental justice is redress for the structures and situations arising from environmental discrimination and, particularly, environmental racism. Environmental discrimination is actions and practices, arising from both individual ideologies and social structures that preserve and reinforce domination of subordinate groups with respect to the environment, while such discrimination with respect to race is environmental racism. Part I of this Essay discusses how environmental injustice is a three-dimensional nexus of economic injustice, social injustice and an unjust incidence of environmental quality, all of which overwhelmingly assures the continued oppression of communities of color and low-income communities on environmental matters. Part II of …
Lesbian And Gay Families And The Law: A Progress Report, Arthur S. Leonard
Lesbian And Gay Families And The Law: A Progress Report, Arthur S. Leonard
Fordham Urban Law Journal
No abstract provided.
The Misapplication Of Qualified Immunity: Unfair Procedural Burdens For Constitutional Damage Claims Requiring Proof Of The Defendant's Intent, Clay J. Pierce
The Misapplication Of Qualified Immunity: Unfair Procedural Burdens For Constitutional Damage Claims Requiring Proof Of The Defendant's Intent, Clay J. Pierce
Fordham Law Review
No abstract provided.
Denial Of Attorney's Fees For Claims Of Sexual Harassment Resolved Through Informal Dispute Resolution: A Shield For Employers, A Sword Against Women, Amy Holzman
Fordham Law Review
No abstract provided.
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 …
Politics And The Death Penalty: Can Rational Discourse And Due Process Survive The Perceived Political Pressure?, Norman Redlich
Politics And The Death Penalty: Can Rational Discourse And Due Process Survive The Perceived Political Pressure?, Norman Redlich
Fordham Urban Law Journal
This article is a transcript from a program sponsored by the American Bar Association Section of Individual Rights and Responsibilities entitled, “Politics and the Death Penalty: Can Rational Discourse and Due Process Survive the Perceived Political Pressure?” In it, Norman Redlich, former Dean of New York University Law School, James Coleman, Shabata Sundiata Waglini, Attorney General Ernest Preate, Jr., Bryan Stevenson, Executive Director of the Alabama Capital Representation Resource Center, journalist Nat Hentoff, New York State Assemblywoman Susan John, and Chief Justice Exum of the North Carolina Supreme Court discuss the issue of the death penalty in America. Redlich discusses …
Book Review, Land Use Regulation And Legal Rhetoric: Broadening The Terms Of Debate, R. S. Radford
Book Review, Land Use Regulation And Legal Rhetoric: Broadening The Terms Of Debate, R. S. Radford
Fordham Urban Law Journal
Dennis Coyle’s new book, Property Rights and the Constitution, is an important addition to the ongoing debate over the constitutional status of private property. Coyle selectively reviews important land use cases decided by the United States Supreme Court and various states in the post-New Deal era. More importantly, Coyle provides an ideological framework that illuminates several key strands in the constitutional jurisprudence of property law. Coyle traces the ebb and flow of competing attitudes toward property rights and regulation in a way that makes sense of the sometimes chaotic body of case law in this field. In the process, he …
Foreword, Bruce A. Green
Foreword, Bruce A. Green
Fordham Urban Law Journal
The "Urban Environmental Justice" symposium took place at Fordham University School of Law, and explored how low-income communities and communities of color in our nation’s cities may have been disproportionately burdened by various environmental harms. It considered what should be done about this problem, from the perspectives of civic and citizens’ groups, the government at the federal, state, and city levels, public interest lawyers, corporations, and others. The participants in the March 3rd program represented a variety of backgrounds and experiences. The keynote speaker, Gerald Torres, Counsel to the United States Attorney General, had only weeks earlier been designated to …
Environmental Justice Litigation: Another Stone In David’S Sling, Luke W. Cole
Environmental Justice Litigation: Another Stone In David’S Sling, Luke W. Cole
Fordham Urban Law Journal
This Article attempts to synthesize some of the lessons environmental justice lawyers have learned, in order to offer a practitioner’s perspective on environmental justice cases. The author’s ambition in setting out these lessons is to allow community groups and attorneys entering the struggle to learn from mistakes, emulate successes, and avoid re-inventing the wheel. Without addressing the strategic and tactical drawbacks of litigation, this Article assumes that a community group has decided to pursue litigation. This Article will only discuss siting cases, as siting disputes have been the primary context for environmental justice litigation thus far. The Article proposes a …
Issues Of Classification In Environmental Equity: How We Manage Is How We Measure, Rae Zimmerman
Issues Of Classification In Environmental Equity: How We Manage Is How We Measure, Rae Zimmerman
Fordham Urban Law Journal
This Article addresses how concepts of race and ethnicity have been operationalized as a basis for defining and locating subpopulations (either explicitly or implicitly) for the purpose of analyzing environmental equity issues, and recommends some future directions. Part II focuses on how subpopulations are currently defined and on some problems encountered to date. The implications of these inconsistencies on the accuracy of health and environmental risk measures for a given subpopulation are addressed. Part III focuses on how spatial areas have been defined to aggregate these subpopulations within confined geographic boundaries.
Race, Gender, Age, And Disproportionate Impact: What Can We Do About The Failure To Protect The Most Vulnerable?, Samara F. Swanston
Race, Gender, Age, And Disproportionate Impact: What Can We Do About The Failure To Protect The Most Vulnerable?, Samara F. Swanston
Fordham Urban Law Journal
Hard economic times and social conditions are driving a reordering of environmental protection priorities that threatens to sacrifice the most vulnerable groups. Environmental regulatory agencies acknowledge that vulnerable populations face the greatest risk of harm from environmental insult and that these groups are not adequately protected. Although a risk-based prioritization of resources benefits the greatest number of people, such allocation would disadvantage minority communities, which contain disproportionate numbers of sensitive subgroups. Our regulatory bodies must therefore develop new strategies to adequately protect sensitive subgroups identified in minority communities. Part II of this Article looks at some of the considerations that …
Issues Of Community Empowerment, Peggy M. Shepard
Issues Of Community Empowerment, Peggy M. Shepard
Fordham Urban Law Journal
The environmental policies and concerns of local, state, and federal governments have failed to protect their citizens. More particularly, the nation's environmental agenda neglects to account for the urban environmental problems of people of color. This Essay first considers how environmental injustice and racism has impacted the West Harlem community. It next considers some of the particular health implications, such as lead poisoning and asthma, in the Harlem community. The needs of all communities of color and poverty are considered. The response of West Harlem Environmental Action to these needs is examined. Finally, the Essay concludes by briefly examining some …