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Articles 7441 - 7470 of 8568
Full-Text Articles in Entire DC Network
Juvenile Detention Hearings: A Proposed Model Provision To Limit Discretion During The Preadjudicatory Stage, Carol Bombardi, Carol Bombardi, Carol Bombardi, Carol Bombardi
Juvenile Detention Hearings: A Proposed Model Provision To Limit Discretion During The Preadjudicatory Stage, Carol Bombardi, Carol Bombardi, Carol Bombardi, Carol Bombardi
Fordham Urban Law Journal
This Note addresses constitutional issues relevant to pretrial detention and identifies problematic aspects in the existing juvenile justice system. It examines state and model provisions regarding the detention of youths prior to trial and concentrates on the inclusion of the detention hearing as an element of detention schemes. This Note proposes a model state provision that utilizes the detention hearing to protect the preadjudicatory rights of juveniles and to reduce the risk that detention will be unnecessarily ordered.
Local Government Action And Antitrust Policy: An Economic Analysis, Timothy J. Brennan, Timothy J. Brennan, Timothy J. Brennan, Timothy J. Brennan
Local Government Action And Antitrust Policy: An Economic Analysis, Timothy J. Brennan, Timothy J. Brennan, Timothy J. Brennan, Timothy J. Brennan
Fordham Urban Law Journal
At least partly as a result of the Supreme Court decision in Community Communications Co. v. City of Boulder, cities are facing antitrust challenges to their rights to franchise cable television systems. Other municipal activities have been similarly challenged. The prospect of costly and uncertain antitrust litigation challenging local government actions will restrict the scope and extent of local regulatory activity. Such restrictions could, in turn, preempt city residents' ability to choose, through their elected representatives, the goods and services they prefer. This Article proposes that as a mater of policy the burden of proving a municipal antitrust violation should …
Unfair Dismissal: Emerging Issues In The Use Of Arbitration As A Dispute Resolution Alternative For The Nonunion Workforce, Eva Robins, Eva Robins, Eva Robins, Eva Robins
Unfair Dismissal: Emerging Issues In The Use Of Arbitration As A Dispute Resolution Alternative For The Nonunion Workforce, Eva Robins, Eva Robins, Eva Robins, Eva Robins
Fordham Urban Law Journal
This Article reviews the concept of just cause as a test for termination of employment and its applicability to the nonunion workforce. It addresses the feasibility of applying dispute resolution mechanisms found workable in labor-management relations under union contracts to employment-at-will disputes. It further outlines the standards and criteria utilized in the arbitration process and recognizes some problems of proof, evidence, remedy and procedure that will arise from the application of alternative methods of resolution to nonunion disputes. Finally, this Article identifies a substantial number of issues that need to be resolved if arbitration of just cause for termination of …
Nonemergency Municipal Curfew Ordinances And The Liberty Interests Of Minors, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill
Nonemergency Municipal Curfew Ordinances And The Liberty Interests Of Minors, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill
Fordham Urban Law Journal
Most crimes committed in the United States occur in cities, and a large proportion of these crimes are committed by juveniles under the age of eighteen. Although the total number of reported Crime Index offenses decreased slightly in 1982, surveys of popular attitudes toward crime show an increased fear of crime, especially among persons living in urban areas. One way states have addressed this challenge is by enacting nonemergency juvenile curfew amendments. This Note examines these amendments recently enacted in Trenton and Newark, New Jersey, and the Detroit, Michigan, ordinance which has recently been strictly enforced as part of a …
N.Y. General Municipal Law Section 50-E(5): Ameliorating New York's Notice Of Claim Requirements, Lawrence M. Nessenson, Lawrence M. Nessenson, Lawrence M. Nessenson, Lawrence M. Nessenson
N.Y. General Municipal Law Section 50-E(5): Ameliorating New York's Notice Of Claim Requirements, Lawrence M. Nessenson, Lawrence M. Nessenson, Lawrence M. Nessenson, Lawrence M. Nessenson
Fordham Urban Law Journal
A multitude of provisions scattered throughout New York's consolidated and unconsolidated laws require that plaintiffs serve "notice of claim" of their tort actions on defendant public corporations. New York General Municipal Law section 50-e governs New York procedure for serving this notice of claim upon public corporations including when and upon whom service should be made, the form and contents of the notice of claim, and how notice of claim may be served. Compliance with the requirements of section 50-e is a condition precedent to commencement of a tort action against a public corporation wherever such notice of claim is …
Challenges To Employment Testing Under Title Vii: Creating "Built In Headwinds" For The Civil Service Employer, Ellen Zweig
Challenges To Employment Testing Under Title Vii: Creating "Built In Headwinds" For The Civil Service Employer, Ellen Zweig
Fordham Urban Law Journal
Since the Supreme Court held in Griggs that Title VII of the Civil Rights Act of 1964 prohibits employers from using employment selection systems which are not job-related or which act as "built in headwinds" for minorities, employment tests have been subject to more challenges in courtrooms. Since Griggs, courts have presumed employment tests challenged pursuant to Title VII to be invalid once the plaintiffs establish that the tests produce an adverse impact upon minorities. However, these courts have not suggested many alternative methods of testing and those that have been suggested are generally unworkable for employers who must comply …
The Federal Judiciary's Role In The Prevention Of Communicable Diseases In State Prisons , Anthony L. Paccione
The Federal Judiciary's Role In The Prevention Of Communicable Diseases In State Prisons , Anthony L. Paccione
Fordham Urban Law Journal
Control over the spread of communicable diseases in prisons is a particularly important goal. The prison setting compounded with the high incidence of disease among entering inmates creates a potent combination for the spread of communicable diseases, such as AIDS and tuberculosis. Insufficient state legislation and unresponsive prison administrators have forced prisoners to seek federal judicial relief. However, federal courts have been reluctant to intervene due to the state interests of federalism and separation of powers. The prohibition against cruel and unusual punishment is not limited to specific acts directed at selected individuals, but is equally applicable to general prison …
Retribution: New York's Answer To The Multiple Felony Offender, Edward P. Abbot
Retribution: New York's Answer To The Multiple Felony Offender, Edward P. Abbot
Fordham Urban Law Journal
On May 31, 1983, Governor Cuomo signed an amendment to the New York Penal Law into effect. This amendment significantly increases the maximum prison term for multiple felony offenders. This amendment is primarily a provision, which stems from a retributivist theory of punishment. The intent of this amendment is twofold: first, to do justice by implementing a punishment more proportionate to the severity of the offender's crime(s) and second, to incapacitate the offender by his extended removal from society. Retribution has been an accepted rationale for imposing punishment and remains so today. Thus, the statute deserves prompt judicial recognition.
In Re Brett: The Sticky Problem Of Statutory Construction, Jared Tobin Finkelstein
In Re Brett: The Sticky Problem Of Statutory Construction, Jared Tobin Finkelstein
Fordham Law Review
George Brett's pine tar almost let the plague of modern life, lawyers, into the sole redeeming facet of modern life, baseball. Knowin' all about baseball is just about as profitable as bein' a good whittler.
Application Of The Laws Of The Eec And The United Kingdom To Part-Time Women Workers, Sabrina Allan
Application Of The Laws Of The Eec And The United Kingdom To Part-Time Women Workers, Sabrina Allan
Fordham International Law Journal
This Note focuses on the laws of the European Economic Community (EEC) and the United Kingdom as they affect part-time workers in the United Kingdom. Part I provides a general background to the equal pay laws of the EEC and the United Kingdom. Part II traces the legislative history of these laws and analyzes whether the administrative and legislative bodies of the EEC and the United Kingdom intended to apply equal pay laws to part-time workers. Part III chronologically reviews the case law and examines the difficulties encountered by tribunals interpreting the equal pay laws. Finally, Part IV analyzes the …
Damages Under The Privacy Act Of 1974: Compensation And Deterrence, Frederick Z. Lodge
Damages Under The Privacy Act Of 1974: Compensation And Deterrence, Frederick Z. Lodge
Fordham Law Review
No abstract provided.
Corporate Probation Conditions: Judicial Creativity Or Abuse Of Discretion? , Marjorie H. Levin
Corporate Probation Conditions: Judicial Creativity Or Abuse Of Discretion? , Marjorie H. Levin
Fordham Law Review
No abstract provided.
Epidemiologic Proof In Toxic Tort Litigation, Bert Black, David E. Lilienfeld
Epidemiologic Proof In Toxic Tort Litigation, Bert Black, David E. Lilienfeld
Fordham Law Review
No abstract provided.
Beshada V. Johns-Manville Products Corp.: Revolution-Or Aberration-In Products Liability Law, Andrew T. Berry
Beshada V. Johns-Manville Products Corp.: Revolution-Or Aberration-In Products Liability Law, Andrew T. Berry
Fordham Law Review
No abstract provided.
Due Process: Application Of The Parratt Doctrine To Random And Unauthorized Deprivations Of Life And Liberty, Harold C. Geary
Due Process: Application Of The Parratt Doctrine To Random And Unauthorized Deprivations Of Life And Liberty, Harold C. Geary
Fordham Law Review
No abstract provided.
The Role Of Unions In The 1980s, Symposium, Discussion
The Role Of Unions In The 1980s, Symposium, Discussion
Fordham Law Review
No abstract provided.
Political Entanglement As An Independent Test Of Constitutionality Under The Establishment Clause, David R. Scheidemantle
Political Entanglement As An Independent Test Of Constitutionality Under The Establishment Clause, David R. Scheidemantle
Fordham Law Review
No abstract provided.
Reorganization Treatment Of Acquisitions Of Stock Savings And Loan Institutions By Mutual Savings And Loan Associations, Michael L. Gobbo
Reorganization Treatment Of Acquisitions Of Stock Savings And Loan Institutions By Mutual Savings And Loan Associations, Michael L. Gobbo
Fordham Law Review
No abstract provided.
The Anatomy Of Decisionmaking, Irving R. Kaufman
The Anatomy Of Decisionmaking, Irving R. Kaufman
Fordham Law Review
No abstract provided.
State Action And Municipal Antitrust Immunity: An Economic Approach, John E. Lopatka
State Action And Municipal Antitrust Immunity: An Economic Approach, John E. Lopatka
Fordham Law Review
No abstract provided.
A Jurisprudential Perspective For The True Codification Of Payment Law, Peter A. Alces
A Jurisprudential Perspective For The True Codification Of Payment Law, Peter A. Alces
Fordham Law Review
No abstract provided.
Discretionary Commodity Accounts As Securities: An Application Of The Howey Test, Bradley D. Johnson
Discretionary Commodity Accounts As Securities: An Application Of The Howey Test, Bradley D. Johnson
Fordham Law Review
No abstract provided.
Discriminatory Discharge In A Sports Context: A Reassessment Of The Burden Of Proof And Remedies Under The National Labor Relations Act, Jeffrey Goore
Discriminatory Discharge In A Sports Context: A Reassessment Of The Burden Of Proof And Remedies Under The National Labor Relations Act, Jeffrey Goore
Fordham Law Review
No abstract provided.
Fear Of Disease And Delayed Manifestation Of Injuries: A Solution Or A Pandora's Box?, Terry Morehead Dworkin
Fear Of Disease And Delayed Manifestation Of Injuries: A Solution Or A Pandora's Box?, Terry Morehead Dworkin
Fordham Law Review
No abstract provided.
The Louis Stein Institute For Professional Responsibility And Leadership, Joseph Perillo
The Louis Stein Institute For Professional Responsibility And Leadership, Joseph Perillo
Faculty Scholarship
No abstract provided.
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines Include: Vicinanzo, Toner, Take Wormser; One Night At a Stein; Special Examination Intro
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines Include: Only The First of Many; Job Search and Career Options; Dean's Address; Editor's Message
John F. Sonnett Memorial Lecture Series: The Supreme Court Of The United States: Managing Its Caseload To Achieve Its Constitutional Purposes, William T. Coleman Jr.
John F. Sonnett Memorial Lecture Series: The Supreme Court Of The United States: Managing Its Caseload To Achieve Its Constitutional Purposes, William T. Coleman Jr.
Lectures
Lecture by William T. Coleman, Jr., partner at O'Melveny & Myers LLP and former United States Secretary of Transportation (1975-1977), regarding the United States Supreme Court's heavy caseload and the resulting repercussions. Includes speaker introduction.
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines Include: "Should The Death Penalty Be Abolished?"; Career Opportunities In The Public Sector
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines Include: Candidates for S.B.A. President