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The Validity Of The Foreign Sovereign Immunity Defense In Suits Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, Tara A. O'Brien Jan 1983

The Validity Of The Foreign Sovereign Immunity Defense In Suits Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, Tara A. O'Brien

Fordham International Law Journal

This Note examines the interrelationship between the Convention and the FISA, specifically, whether a sovereign's ratification of the Convention constitutes a waiver of immunity under section 1605(a)(1) of the FISA in actions to enforce arbitration agreements and awards. The development of sovereign immunity law in arbitration enforcement actions, pre-FISA and under the FISA's "waiver" exception, is reviewed in light of the Convention. The confusion over the Convention as it affects sovereign immunity is discussed, and a resolution of the issue is proposed in favor of barring the sovereign immunity defense in actions falling under the Convention.


Motion Picture Split Agreements: An Antitrust Analysis, William J. Borner Jan 1983

Motion Picture Split Agreements: An Antitrust Analysis, William J. Borner

Fordham Law Review

No abstract provided.


Specific Performance Of Collective Bargaining Agreements, Arthur S. Leonard Jan 1983

Specific Performance Of Collective Bargaining Agreements, Arthur S. Leonard

Fordham Law Review

No abstract provided.


The Convergence Of I.R.C. § 104 (A)(2), Norfolk & Western Railway Co. V. Liepelt And Structured Tort Settlements: Tax Policy "Derailed", Lawrence A. Frolik Jan 1983

The Convergence Of I.R.C. § 104 (A)(2), Norfolk & Western Railway Co. V. Liepelt And Structured Tort Settlements: Tax Policy "Derailed", Lawrence A. Frolik

Fordham Law Review

No abstract provided.


Genericide: Cancellation Of A Registered Trademark, Jacqueline Stern Jan 1983

Genericide: Cancellation Of A Registered Trademark, Jacqueline Stern

Fordham Law Review

No abstract provided.


Hunger Striking Prisoners: The Constitutionality Of Force-Feeding, Joel K. Greenberg Jan 1983

Hunger Striking Prisoners: The Constitutionality Of Force-Feeding, Joel K. Greenberg

Fordham Law Review

No abstract provided.


National Origin Discrimination Under Section 1981, Lorilyn Chamberlin Jan 1983

National Origin Discrimination Under Section 1981, Lorilyn Chamberlin

Fordham Law Review

No abstract provided.


Beyond Youngberg: Protecting The Fundamental Rights Of The Mentally Retarded, John Adams Rizzo Jan 1983

Beyond Youngberg: Protecting The Fundamental Rights Of The Mentally Retarded, John Adams Rizzo

Fordham Law Review

No abstract provided.


Sentencing Of Youthful Misdemeanants Under The Youth Corrections Act: Eliminating Disparities Created By The Federal Magistrate Act Of 1979, Catherine B. Andreycak Jan 1983

Sentencing Of Youthful Misdemeanants Under The Youth Corrections Act: Eliminating Disparities Created By The Federal Magistrate Act Of 1979, Catherine B. Andreycak

Fordham Law Review

No abstract provided.


Bauxites' "Individual Liberty Interest" And The Right To Control Amenability To Suit In Personal Jurisdiction Analysis, Thomas L. Connan Jan 1983

Bauxites' "Individual Liberty Interest" And The Right To Control Amenability To Suit In Personal Jurisdiction Analysis, Thomas L. Connan

Fordham Law Review

No abstract provided.


Thoughts On Extraterritorial Application Of The United States Antitrust Laws, John H. Shenefield Jan 1983

Thoughts On Extraterritorial Application Of The United States Antitrust Laws, John H. Shenefield

Fordham Law Review

No abstract provided.


The Rights Of Probationary Federal Employee Whistleblowers Since The Enactment Of The Civil Service Reform Act Of 1978, Benjamin C. Indig Jan 1983

The Rights Of Probationary Federal Employee Whistleblowers Since The Enactment Of The Civil Service Reform Act Of 1978, Benjamin C. Indig

Fordham Urban Law Journal

This Comment focuses on the rights, since the passage of the Civil Service Reform Act of 1978 (CSRA), of the probationary employee who exposes fraud and mismanagement in the federal government. It reviews the rights granted by the CSRA, as well as non-CSRA rights granted under the Privacy Act, and under the first and fifth amendments of the Constitution, including the right to sue one's supervisor in a Bivens action. Non-CSRA rights are particularly important to the whistleblower who is a probationer. The Comment concludes that the CSRA does encourage probationers, to an extent, to expose fraud and wrongdoing in …


The Ocean Dumping Deadline: Easing The Mandate Millstone, Julian H. Spirer Jan 1983

The Ocean Dumping Deadline: Easing The Mandate Millstone, Julian H. Spirer

Fordham Urban Law Journal

This Article examines the development the "mandate millstone," the inflexible federal rules and regulations directed at state and local governments in the environmental arena. It surveys how the mandate millstone has burdened or threatened to burden the ocean dumping of sewage sludge by New York City. The Article reviews the method by which the city has traditionally disposed of its sewage sludge in the ocean waters surrounding the city, and how the city's disposal practices would have been altered radically had the city been forced to implement a plan, pursuant to United States Environmental Protection Agency (EPA) regulations, to end …


The Effective Assistance Of Counsel: Chance Or Guarantee?, Joanne Legano Jan 1983

The Effective Assistance Of Counsel: Chance Or Guarantee?, Joanne Legano

Fordham Urban Law Journal

This Comment reviews the historical development of the right to effective assistance of counsel for criminal defendants as defined by the Supreme Court, and discusses the various standards applied by lower federal courts. This Comment next examines United States v. Decoster, which provides the most comprehensive judicial analysis of the right to effective assistance of counsel at this juncture in time. The standards applied by the New York State courts are also analyzed. Finally, the author recommends uniform guidelines for evaluating claims of ineffective assistance of counsel.


First Amendment Challenges To Landmark Preservation Statutes, Stephen M. Watson Jan 1983

First Amendment Challenges To Landmark Preservation Statutes, Stephen M. Watson

Fordham Urban Law Journal

The Interfaith Commission, religious leaders deeply concerned with the problems associated with the landmarking of religious properties, have recognized that the prohibition against demolition or alteration of landmarked religious properties effectively destroys their value. Additionally, the religious organizations are required to expend thousands of dollars of religious contributions to maintain these landmarks for the public benefit, in accordance with the regulations of the Landmarks Commission. This Comment focuses on the constitutionality of landmark preservation statutes as applied to religious properties. Using New York City as a model, this Comment examines the myriad problems presented by the landmarking of religious properties. …


The Negotiability Of Parity Agreements In Public Sector Collective Bargaining, Susan P. Kass Jan 1983

The Negotiability Of Parity Agreements In Public Sector Collective Bargaining, Susan P. Kass

Fordham Urban Law Journal

The City of Schenectady and City Fire Fighters Union, Local 28, which resulted in the first decision that parity clauses are not invalid per se, recognized that some parity clause arrangements can allow the employer and one or more unions to plan and execute long-range agreements; Two or more unions can agree among themselves that one union can implicate the others in a parity arrangement. This Note discusses the effect of on the negotiability of parity clauses in public sector employment contracts. The New York State "Taylor Law" governing public employees, and the New York courts' analysis of parity clauses …


Third Party Taxpayer Challenges Under The New York Real Property Tax Law, Catherine P. Bonnette Jan 1983

Third Party Taxpayer Challenges Under The New York Real Property Tax Law, Catherine P. Bonnette

Fordham Urban Law Journal

This Note will discuss and analyze an individual taxpayer's right to challenge a third party assessment or exemption under Article 7 of the New York Real Property Tax Law (RPTL). In addition, the feasibility and deficiencies of the alternate remedy afforded by CPLR Article 78 will be examined. Finally, the Note will review the function of the New York State Board of Equalization and Assessment (SBEA), an organization statutorily empowered to examine local assessments and to advise local assessment boards. This Note concludes by advocating a broadening of the use of Article 7 as a vehicle for redressing third party …


Accomodation Of Reputational Interests And Free Press: A Call For A Strict Interpretation Of Gertz, Tom Wall Jan 1983

Accomodation Of Reputational Interests And Free Press: A Call For A Strict Interpretation Of Gertz, Tom Wall

Fordham Urban Law Journal

New York Times Co. v. Sullivan provides that states may award damages in defamation actions brought by public officials against media critics of their official conduct only if the plaintiff proves that the defendant acted with "actual malice." Subsequently, the Supreme Court extended this rule to public figures and promulgated standards for identifying public figures. The Court declared unconstitutional the common law standard of strict liability in actions brought by private individuals. Establishing negligence as a constitutional minimum, the Court delegated to the states the responsibility for formulating the proper standard of fault in actions brought by private individuals. This …


Rediscovering The Individual In Federal Election Law, Susan H. Marren Jan 1983

Rediscovering The Individual In Federal Election Law, Susan H. Marren

Fordham Urban Law Journal

The importance of the federal electoral process has traditionally been viewed by Congress as creating the need for heavy regulation to insure its strength and vitality. However, the contribution limitations provisions of the Federal Election Campaign Act of 1971 (FECA) has a detrimental effect to the individual voter, forcing candidates to overlook individual citizens in favor of organizations with large fundraising capabilities. FECA was initially enacted to compel candidates to appeal to more individual voters, mainly by limiting contributions from either individual citizens or corporations. Yet, the Act also permits a corporation or labor organization to create a separate segregated …


Alternative Approaches To Municipal Antitrust Liability, Martin Cronin Jan 1983

Alternative Approaches To Municipal Antitrust Liability, Martin Cronin

Fordham Urban Law Journal

This Comment argues that preemption analysis, applied when federal statutes conflict with state or municipal enactments, should be used by the courts in applying the Parker doctrine to municipalities. Alternatively, this Comment advocates a qualified municipal exemption from the antitrust laws. Since municipalities receive less federal deference than states, this exemption should not be coextensive with that enjoyed by states under the Parker doctrine. However, the preferential treatment that municipalities receive in our federalist system as compared to private parties mandates formulation of a municipal exemption. Constitutional and practical difficulties encountered under substantive antitrust law, and at the remedies stage, …


A Unified Theory Of The First Amendment:, Mark S. Nadel Jan 1983

A Unified Theory Of The First Amendment:, Mark S. Nadel

Fordham Urban Law Journal

The Supreme Court presently permits reasonable regulation of access in the broadcasting media; it nevertheless allows print publishers to foreclose such access. Although this approach has been praised by some, and a doctrine can only survive if there is a clear distinction between the print and broadcast media. In today's rapidly developing communications industry, the distinction between these converging media is unstable and inadequate. The increasing significance of cable television in particular has created a pressing need to replace the fragile double standard with a unified, all encompassing theory. This Article proposes such a unified theory after first drawing the …


The Effect Of External Pressures On Sentencing Judges, Eve Kunen Jan 1983

The Effect Of External Pressures On Sentencing Judges, Eve Kunen

Fordham Urban Law Journal

Aldoupolis v. Commonwealth illustrates three potential types of pressure on a sentencing judge: public opinion, opinions voiced by influential political figures, and opinions expressed by the press. This Comment explores the question of whether a sentencing judge may consider any of these pressures without violating the constitutional principles of procedural due process, the proscription against cruel and unusual punishment, equal protection, double jeopardy, and the common law-statutory proscription against abuse of discretion. Emphasis will be placed on public opinion, which often parallels the voices of those least heard by the criminal justice system: the victims.


Alternatives For Regulatory Control Of Acid Rain In The Northeastern United States, Deborah J. Hartman Jan 1983

Alternatives For Regulatory Control Of Acid Rain In The Northeastern United States, Deborah J. Hartman

Fordham Urban Law Journal

This Article will define regulatory options for curbing acid rain the northeastern United States. The first section will discuss those provisions of the Clean Air Act which address interstate air pollution. The second section examines the prominent proposals for amending the Clean Air Act to provide for acid rain regulation as enunciated by legislators, commentators and environmental organizations. The third section presents a two-pronged recommendation for broadening the Clean Air Act to prevent and control acid rain.


Disenfranchisement Of The College Student Vote: When A Resident Is Not A Resident, Joseph A. Bollhofer Jan 1983

Disenfranchisement Of The College Student Vote: When A Resident Is Not A Resident, Joseph A. Bollhofer

Fordham Urban Law Journal

The standards used by state and local election officials to determine whether students may vote as residents of the communities in which they attend college vary significantly among the fifty states. Two fundamental rights conflict in determining whether college students should be entitled to vote as residents of their college communities: the right of students to equal protection of the laws and eh right of states to limit the right to vote to bona fide residents. This Comment demonstrates the need for the education of election officials and college students in the common law principles of domicile. Moreover, it will …


The Recognition Of Public Policy Exceptions To The Employment-At-Will Rule: A Legislative Function?, John Degiuseppe, Jr. Jan 1983

The Recognition Of Public Policy Exceptions To The Employment-At-Will Rule: A Legislative Function?, John Degiuseppe, Jr.

Fordham Urban Law Journal

Recent developments concerning the application of the employment-at-will rule demonstrate that courts are reluctant to recognize exceptions to the rule based on considerations of public policy in the absence of a legislative mandate. Jurisdictions, including New York, have declared that the recognition of a cause of action in tort for abusive discharge should be a function of the state legislature. Further, courts have been unwilling to imply private causes of action to protect the rights of employees under federal and state law. While certain "whistle-blower" and unjust dismissal legislation has had limited success in other jurisdictions, courts could become more …


Will The "Sunset" On The American Dream? Two Years Of Experience Under The Mortgage Subsidy Bond Tax Act, Geoffrey W. Sager Jan 1983

Will The "Sunset" On The American Dream? Two Years Of Experience Under The Mortgage Subsidy Bond Tax Act, Geoffrey W. Sager

Fordham Urban Law Journal

In the 1970s, housing became increasingly unattainable for low-income single-families who were unable to afford rising housing prices. As a response, state and local housing finance agencies (HFAs) issued tax-exempt single-family mortgage bonds to finance mortgage loans. However, Congress shortly thereafter passed the Mortgage Subsidy Bond Tax Act, denying tax exclusion to such loans. This Comment examines the validity and effectiveness of selected major provisions of the Act which are unique to single-family mortgage revenue bonds, in particular the sunset provision. Ultimately, this Comment concludes that the sunset provision of the Act is unconstitutional.


Systematic Exclusion Of Cognizable Groups By Use Of Peremptory Challenges, Stephen W. Dicker Jan 1983

Systematic Exclusion Of Cognizable Groups By Use Of Peremptory Challenges, Stephen W. Dicker

Fordham Urban Law Journal

An integral part of the jury selection process is the individual challenge, where a party has the privilege to remove potentially biased jurors. There are two forms of the individual challenge: for cause and peremptory. For cause challenges must be based on a legally provable bias, whereas peremptory challenges may be used to remove jurors who possess a bias peculiar to the immediate case, but whose bias is not articulable in terms of a challenge for cause. Given the vague underpinnings and potential abuses of the peremptory challenge, legislatures enforce a limitation on the number of such challenges a party …


Medical Malpractice Damage Awards: The Need For A Dual Approach, Janice Kabel Jan 1983

Medical Malpractice Damage Awards: The Need For A Dual Approach, Janice Kabel

Fordham Urban Law Journal

Damage awards in medical malpractice cases have risen steadily in New York state courts over the past ten years. This increase has resulted in higher medical insurance premiums, which insured physicians pass along in higher prices to health care consumers. There are several theories as to why increased damages has occurred, but few legislative actions have deterred the process. Ultimately, this Note proposes reform in the tort/litigation/insurance system.


New York City Zoning Resolution Section 12-10: A Third Phase In The Evolution Of Airspace Law, Terence Kennedy Jan 1983

New York City Zoning Resolution Section 12-10: A Third Phase In The Evolution Of Airspace Law, Terence Kennedy

Fordham Urban Law Journal

Originally, airspace was considered to be a form of land inseparable from the soil owned by the surface landowner. Over time, however, the law has allowed airspace to be severed from the soil, enabling the surface landowner to alienate the airspace while retaining title to the soil. New York City Zoning Resolution section 12-10 has advanced this modern notion by limiting buildable floorspace and permitting transfer of airspace. This Note details the history and uses of airspace, and proposes that the amended section of 12-10 both modernizes our stationary concept of real property and establishes airspace property interests as being …


Examining Cooperative Conversion: An Analysis Of Recent New York Legislation, Robert M. Nelson Jan 1983

Examining Cooperative Conversion: An Analysis Of Recent New York Legislation, Robert M. Nelson

Fordham Urban Law Journal

New York City contains ninety-five percent of the cooperative housing units in the United States. While there are historical and social factors for this statistic, a specific factor is the New York State Legislature's support of conversion of residential real estate from rental to cooperative ownership. Specifically, the "Goodman-Grannis" bill provides a method whereby developers may convert residential rental housing in New York City to cooperative housing without obtaining an agreement to purchase a cooperative apartment from any of the existing tenants. Under this method, tenants who do not desire to purchase their apartments as cooperatives may remain in the …