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For Every Weapon, A Counterweapon: The Revival Of Rule 68, John P. Woods Jan 1986

For Every Weapon, A Counterweapon: The Revival Of Rule 68, John P. Woods

Fordham Urban Law Journal

Rule 68 of the Federal Rules of Civil Procedure applies generally where a non-moving party's settlement offer is rejected, and the court judgment awarded to the moving party, or claimant, is for less than the prior offer. The non-moving party may then be entitled to "costs incurred after the making of the offer." In Marek v. Chesny, the Court made it clear that "costs" includes attorney's fees. Congress should consider revising Rule 68 to clarify its application. However, Rule 68 appropriately induces plaintiffs to thoroughly consider a defendant's offer, under threat that rejection of the offer may include reducing attorney's …

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Public School Drug Searches: Toward Redefining Fourth Amendment "Reasonableness" To Include Individualized Suspicion, Jill I. Braverman Jan 1986

Public School Drug Searches: Toward Redefining Fourth Amendment "Reasonableness" To Include Individualized Suspicion, Jill I. Braverman

Fordham Urban Law Journal

Incidents of illegal drug use' and violent crime plague public school authorities across the nation. As narcotics and weapons appear on school campuses, school officials seek to conduct searches of students' lockers, property, and persons for contraband or prohibited weapons. Public school authorities justify their actions by stating that since the state requires children to attend school, the state retains a compelling interest, if not an affirmative duty, in ensuring that the school environment remain free of illegal substances which might present safety hazards to teachers or fellow students. The fourth amendment to the United States Constitution was adopted to …

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New York State's Designating Petition Process, Jacob H. Weintraub Jan 1986

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 …

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Weisner Revisited: A Reappraisal Of A Co-Op's Power To Arbitrarily Prohibit The Transfer Of Its Shares, Harvey S. Epstein Jan 1986

Weisner Revisited: A Reappraisal Of A Co-Op's Power To Arbitrarily Prohibit The Transfer Of Its Shares, Harvey S. Epstein

Fordham Urban Law Journal

Recently, there has been a rise in cooperative ownership in New York City. As a result, the boards of co-ops play a more pivotal role in who may reside in the City. The New York State legislature is moving to limit discriminatory practices by board members. While it does so, this Note concludes that the legislature must also balance the co-op's interest to choose its shareholders. The Note advocates a "reasonableness standard" to judge purchaser rejection decisions.

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Arbitration From The Viewpoint Of The Practicing Attorney: An Analysis Of Arbitration Cases Decided By The New York State Court Of Appeals From January, 1973 To September, 1985, Hugh R. Jones Jan 1986

Arbitration From The Viewpoint Of The Practicing Attorney: An Analysis Of Arbitration Cases Decided By The New York State Court Of Appeals From January, 1973 To September, 1985, Hugh R. Jones

Fordham Urban Law Journal

Over a period of years, recourse has increasingly been had to arbitration as a method of dispute resolution in both the public and the private sectors. There is every indication that this trend will continue and expand in the future. In his opening address at the 1985 Annual Meeting of the American Law Institute last May, Chief Justice Warren Burger urged us to "take a fresh look at the entire structure we have created to resolve disputes" and deplored the fact that "as we now practice it, that system is too costly, too painful, too destructive and too inefficient."' At …

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Mandatory Reporting Of Elder Abuse: A Cheap But Ineffective Solution To The Problem, Dyana Lee Jan 1986

Mandatory Reporting Of Elder Abuse: A Cheap But Ineffective Solution To The Problem, Dyana Lee

Fordham Urban Law Journal

During the past decade physicians, social workers, and the media have sought to inform the American public that many elder adults are being maltreated by in-home caretakers. As a result of articles and reports identifying potentially large numbers of cases, society is slowly accepting the fact that this form of family violence exists. This growing awareness has caused a legislative response which has focused on increasing the reporting of potential abuses. Since 1977, thirty-nine states have enacted legislation providing for the reporting of in-home adult or elder abuse. Seldom has a specific kind of legislation received such popular support and …

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Mppaa Withdrawal Liability Assessment: Letting The Fox Guard The Henhouse, Daniel A. Etna Jan 1986

Mppaa Withdrawal Liability Assessment: Letting The Fox Guard The Henhouse, Daniel A. Etna

Fordham Urban Law Journal

This student note discusses Congress's attempt to regulate group pension plans, and thus protect employees whose employers withdraw from those plans, through the Multiemployer Pension Plan Amendment Act of 1980. The author traces the history of multi-employer pension programs, including union and corporate plans, Taft-Hartley plans, and ERISA accounts, which were created through 1974 legislation (the Employee Retirement Income Security Act). The author discusses how liability arises under each type of plan when an employer decides to withdraw, juxtaposing the resulting liability with the consequences of voluntary arbitration. The author suggests an alternative, to insure the employer's removal from the …

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The Trademark Counterfeiting Act Of 1984: A Sensible Legislative Response To The Ills Of Commercial Counterfeiting, Brian J. Kearney Jan 1986

The Trademark Counterfeiting Act Of 1984: A Sensible Legislative Response To The Ills Of Commercial Counterfeiting, Brian J. Kearney

Fordham Urban Law Journal

This student note explores the recently passed Trademark Counterfeit Act of 1984, viewing it in the context of ever-growing counterfeiting of commercial, agricultural, and aeronautical trademarks. The author examines the history of US trademark regulation, beginning with the Lanham Act of 1946, and then predicts the effects the 1984 Act will have on commercial practice, antitrust law, the sale of goods on the "gray market," and due process implications. The author concludes that though ex parte remedies will be necessary to maintain trademark practices, the 1984 Act does not represent any sort of infringement on due process or commercial practice, …

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Stotts' Denial Of Hiring And Promotion Preferences For Nonvictims: Draining The "Spirit" From Title Vii, Mary C. Daly Jan 1986

Stotts' Denial Of Hiring And Promotion Preferences For Nonvictims: Draining The "Spirit" From Title Vii, Mary C. Daly

Fordham Urban Law Journal

The author questions whether the dicta in a recent Supreme Court case, Local Union No. 1784 v. Stotts, effectively narrow the scope of relief available under Title VII to non-victims. Specifically, the Court addressed affirmative action and the possible reparations under a Title VII employment race discrimination class action. The dicta in question appear to limit courts' ability to grant relief to "non-victims" (individuals who were not named parties in an employment discrimination suit) in the form of consent decrees or post-trial injunctive relief. The author examines Supreme Court caselaw on affirmative action, the legislative history of the 1964 Civil …

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Target Corporation Disclosure Of Soft Information In Tender Offer Contests, Kenneth M. Tallering Jan 1986

Target Corporation Disclosure Of Soft Information In Tender Offer Contests, Kenneth M. Tallering

Fordham Law Review

No abstract provided.

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Including Limited Partners In The Diversity Jurisdiction Analysis, Hedwig M. Auletta Jan 1986

Including Limited Partners In The Diversity Jurisdiction Analysis, Hedwig M. Auletta

Fordham Law Review

No abstract provided.

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Forfeiture Of Attorney's Fees Under Rico And Cce, Frank Mccay Jan 1986

Forfeiture Of Attorney's Fees Under Rico And Cce, Frank Mccay

Fordham Law Review

No abstract provided.

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Evolution Of The "Species Of Tort Liability" Created By 42 U.S.C. § 1983: Can Constitutional Tort Be Saved From Extinction?, Susanah M. Mead Jan 1986

Evolution Of The "Species Of Tort Liability" Created By 42 U.S.C. § 1983: Can Constitutional Tort Be Saved From Extinction?, Susanah M. Mead

Fordham Law Review

No abstract provided.

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Civil Penalty Proceedings Under Section 592 Of The Tariff Act Of 1930, Kevin C. Kennedy Jan 1986

Civil Penalty Proceedings Under Section 592 Of The Tariff Act Of 1930, Kevin C. Kennedy

Fordham International Law Journal

This Article canvasses the experience of importers under revised section 592 over the past eight years as reflected in judicial proceedings in the federal courts, particularly the United States Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit (CAFC or Federal Circuit). Part I of this Article presents an overview of section 592, both its predecessor and the 1978 revisions enacted by Congress. Part II analyzes section 592 subsection by subsection, with a special focus on the case law under revised section 592. Finally, Part III concludes that although the 1978 legislative revisions of section …

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The Single European Act: Attempt At An Appraisal, Hans-Joachim Glaesner Jan 1986

The Single European Act: Attempt At An Appraisal, Hans-Joachim Glaesner

Fordham International Law Journal

This Article analyzes whether the Act [the Single European Act] will aid European unification. Part I argues that a realistic and balanced assessment of its results is possible through a comparison of the final outcome of its negotiations with the Act’s original objectives, in light of the political realities of the Community. Part II briefly chronicles the recent history of European political operation. Part III discusses the effect of the Act on the power of the Community over the Member States. Part IV analyzes the decision making processes provided for by the Act.

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United States Antitrust Jurisdictions Over Overseas Disputes After Title Iv Of The 1982 Export Trading Company Act And Timberlane, A. Paul Victor, John G. Chou Jan 1986

United States Antitrust Jurisdictions Over Overseas Disputes After Title Iv Of The 1982 Export Trading Company Act And Timberlane, A. Paul Victor, John G. Chou

Fordham International Law Journal

Extraterritorial application of the United States antitrust laws often has been a sticking point between the United States and its foreign trading partners. Tensions have arisen between the United States and other nations in this area as a result of differing competition policies, regulatory regimes, legal systems and forms of business enterprise. The importance of this subject area, and the global irritations it has generated for many years, suggest the development of a uniform approach by either the United States Congress or via the United States Supreme Court. This Article reviews the case law in this subject area, and discusses …

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Article 5 Of The Eec Treaty: The Emergence Of Constitutional Principles In The Case Law Of The Court Of Justice, John Temple Lang Jan 1986

Article 5 Of The Eec Treaty: The Emergence Of Constitutional Principles In The Case Law Of The Court Of Justice, John Temple Lang

Fordham International Law Journal

This Article suggests that Article 5 imposes a wide variety of important duties on Member States, and that its implications extend much further than is generally realized.

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Sending Notice To Potential Plaintiffs In Class Actions Under The Age Discrimination In Employment Act: The Trial Court's Role, David Jon Wolfsohn Jan 1986

Sending Notice To Potential Plaintiffs In Class Actions Under The Age Discrimination In Employment Act: The Trial Court's Role, David Jon Wolfsohn

Fordham Law Review

No abstract provided.

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Criminal Restitution Obligations As Debts Under The Bankruptcy Code, Alycia M. Peloso Jan 1986

Criminal Restitution Obligations As Debts Under The Bankruptcy Code, Alycia M. Peloso

Fordham Law Review

No abstract provided.

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Letter Of Credit Litigation - Bank Liability For Punitive Damages, Lisa G. Weinberg Jan 1986

Letter Of Credit Litigation - Bank Liability For Punitive Damages, Lisa G. Weinberg

Fordham Law Review

No abstract provided.

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Lifesaving Medical Treatment For The Nonviable Fetus: Limitations On State Authority Under Roe V. Wade, Shanon K. Such Jan 1986

Lifesaving Medical Treatment For The Nonviable Fetus: Limitations On State Authority Under Roe V. Wade, Shanon K. Such

Fordham Law Review

No abstract provided.

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Anonymous Juries, Eric Wertheim Jan 1986

Anonymous Juries, Eric Wertheim

Fordham Law Review

No abstract provided.

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The Effect Of Violations Of The Interstate Agreement On Detainers On Subject Matter Jurisdiction, Thomas R. Clark Jan 1986

The Effect Of Violations Of The Interstate Agreement On Detainers On Subject Matter Jurisdiction, Thomas R. Clark

Fordham Law Review

No abstract provided.

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An Invitation To Commit Fraud: Secret Destruction Of Joint Tenant Survivorship Rights, Samuel M. Fetters Jan 1986

An Invitation To Commit Fraud: Secret Destruction Of Joint Tenant Survivorship Rights, Samuel M. Fetters

Fordham Law Review

No abstract provided.

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Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski Jan 1986

Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski

Faculty Scholarship

The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …

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To Whom Does The Government Lawyer Owe The Duty Of Loyalty When Clients Are In Conflict, William Josephson, Russell G. Pearce Jan 1986

To Whom Does The Government Lawyer Owe The Duty Of Loyalty When Clients Are In Conflict, William Josephson, Russell G. Pearce

Faculty Scholarship

This Article focuses on the continuing debate on the ethical obligations of government lawyers: do government lawyers represent the people or do they represent a client? The Article explains that the dominant conception that government lawyers represent the people actually results in government lawyers representing themselves. After examining alternative approaches to determining the identity of the government lawyer’s client, the Article concludes that only one approach is consistent with both the ethical rules and our republican system of government. The government lawyer’s client properly understood is an elected official or, in certain cases, an agency head with legal authority independent …

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Mcgovern, International Trade Regulation, William J. Davey Jan 1986

Mcgovern, International Trade Regulation, William J. Davey

Fordham International Law Journal

International Trade Regulation is a work with many strengths and few weaknesses. One could nitpick about certain aspects of its organization, but basically the organization is sufficiently logical overall that the book could be read cover to cover and be a coherent introduction to the subject of international trade regulation for a novice in the field. At the same time, within each section, the exposition of the basic international rules, followed by a discussion of the related United States and EEC rules, works well.

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Carl, Economic Integration Among Developing Nations: Law And Policy, Richard A. Givens Jan 1986

Carl, Economic Integration Among Developing Nations: Law And Policy, Richard A. Givens

Fordham International Law Journal

It is this integration—the reduction in trade barriers between countries—that is explored in Beverly May Carl’s Economic Integration Among Developing Nations: Law and Policy. Professor Carl focuses on regional common market associations of developing nations, their benefits as well as their difficulties, and their utility as a means of reducing trade barriers and dependence on imports by member nations from industrialized nations. Integration thus can be a tool for development, as the Commerce Clause of the Federal Constitution was for the nascent United States of America and still is today.

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United States Import Relief Laws: Current Developments In Law And Policy, A. Paul Victor, Michelle S. Benjamin Jan 1986

United States Import Relief Laws: Current Developments In Law And Policy, A. Paul Victor, Michelle S. Benjamin

Fordham International Law Journal

Expansion of the availability of judicial review of agency actions has had a marked effect on the nature of trade proceedings, particularly in the antidumping and countervailing duty areas. Since the emergence of the Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit (CAFC or Federal Circuit), a number of major substantive decisions involving the antidumping and countervailing duty laws, as well as a few other import relief laws, have been issued. The following discussion highlights CIT and CAFC accomplishments in these areas.

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Continuing Conflict Between United States And English Admiralty Law On Limitation Of Liability: Whose Privity Binds The Corporate Shipowner, Richard J. Violino Jan 1986

Continuing Conflict Between United States And English Admiralty Law On Limitation Of Liability: Whose Privity Binds The Corporate Shipowner, Richard J. Violino

Fordham International Law Journal

Part I of this Note examines the difference in respective emphasis placed by United States and English admiralty law upon responsibility of a corporate employee and the employee’s position in the corporate hierarchy in determining the employer’s right to limit liability. Part II analyzes the extent to which shipowners in England and the United States are allowed to delegate their responsibilities in ensuring the seaworthiness of their vessels. Part III of this Note argues that under English admiralty law, limitation of liability is granted where none is warranted. This Note concludes by recommending the United States standard for finding privity.

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