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Articles 7531 - 7560 of 8567
Full-Text Articles in Entire DC Network
Copying And Broadcasting Video And Audio Tape Evidence: A Threat To The Fair Trial Right, William J. Whelan, Iii
Copying And Broadcasting Video And Audio Tape Evidence: A Threat To The Fair Trial Right, William J. Whelan, Iii
Fordham Law Review
No abstract provided.
Persecution Abroad As Grounds For Withholding Deportation: The Standard Of Proof And The Role Of The Courts, Edward A. Smith Iii
Persecution Abroad As Grounds For Withholding Deportation: The Standard Of Proof And The Role Of The Courts, Edward A. Smith Iii
Fordham International Law Journal
The immigration laws of the United States have long recognized a policy against deporting a person who seeks refuge in the United States, when it appears that person would be subject to persecution following deportation. The Immigration Act of 1952 permitted the Immigration and Naturalization Service to withhold the deportation of any person who could show that he would suffer persecution in the nation to which he would be deported. A similar provision is contained in the UN Protocol Relating to the Status of Refugees. The INS and the courts, having ruled that “no real conflict” existed between the Protocol …
Recognizing The Need For International Exclusion Of Pleasure Craft From Limitation Of Liability Statutes, Charles D. Katz
Recognizing The Need For International Exclusion Of Pleasure Craft From Limitation Of Liability Statutes, Charles D. Katz
Fordham International Law Journal
This Note explores the existing limitation laws followed in the United States and other countries and demonstrates that these laws have been applied unjustifiably to pleasure craft. It discusses the proposed limitation alternatives and their treatment of the pleasure craft limitation issue and offers a workable definition of pleasure craft, which can be used as a starting point for abolishing pleasure craft limitation of liability. This Note also discusses the inequities caused to claimants by international disparities in laws regarding pleasure craft limitation and the importance of uniform exclusion of pleasure craft from limitation schemes.
Municipal Solid Waste Regulation: An Ineffective Solution To A National Problem, Donna R. Lanza
Municipal Solid Waste Regulation: An Ineffective Solution To A National Problem, Donna R. Lanza
Fordham Urban Law Journal
The volume of solid waste, particularly in urban areas, is increasing, and both public heath and the environment are in jeopardy because disposal methods have not kept pace. This Comment examines the historical role that municipalities have played in providing adequate methods for solid waste disposal, emphasizes the traditional methods of zoning and critiques the effectiveness of municipal regulation. It reviews recent federal and state solid waste management acts and analyzes the issue of preemption. This Comment also discusses the constitutionality of state and municipal waste bans. In conclusion, this Comment recommends more effective methods for states and municipalities to …
New York Heart Bills: Presumptions Governing Police And Firefighters' Cardiac Disabilities, Andrea J. Berger
New York Heart Bills: Presumptions Governing Police And Firefighters' Cardiac Disabilities, Andrea J. Berger
Fordham Urban Law Journal
In New York, two statutes govern heart disease suffered by police officers and firefighters - one covering New York City, and the other covering New York State. Both bills establish a line-of-duty presumption which provides that any impairment of health caused by diseases of the heart and the resulting disability or death are presumptive evidence that the impairment was job connected, unless proven otherwise. This Note analyzes the history and current status of New York's two heart bills, including the effect of judicial interpretations of the City Heart Bill, and assesses various alternatives available to the City.
New York City's Pothole Law: In Need Of Repair, Terri J. Frank
New York City's Pothole Law: In Need Of Repair, Terri J. Frank
Fordham Urban Law Journal
In 1979, New York City enacted a local law requiring prior written notice of a defect before the city may be found liable for injuries resulting from potholes. But a prior written notice statute interferes with the traditional negligence doctrine of constructive notice. This Note examines traditional common law negligence as it relates to municipal liability. The procedural requirements and legislative history of the Pothole Law are analyzed. In addition, the legal and policy considerations surrounding its enactment are discussed. This Note recommends an alternative solution to the statute which takes into account both the procedural inequities of the law …
Collective Bargaining And The Fiscal Crisis In New York City: Cooperation For Survival, Arvid Anderson, Marjorie A. London
Collective Bargaining And The Fiscal Crisis In New York City: Cooperation For Survival, Arvid Anderson, Marjorie A. London
Fordham Urban Law Journal
As a result of New York City's fiscal crisis in 1975, both the New York state legislature and Congress passed laws aimed at helping the city recover. As a result of this legislation, the federal and state governments became more involved in the city's affairs and were tasked with monitoring collective bargaining between the city and its employees. Labor and management in the public sector were forced to cooperate in order to get out of the financial predicament, and the city survived the crisis. This article examines the changes in collective bargaining laws and practices that occurred as a result …
The Protection Of Historic Resources In New York State: An Overview Of Federal, State And Local Laws, J. Langdon Marsh, Judith Green Simon
The Protection Of Historic Resources In New York State: An Overview Of Federal, State And Local Laws, J. Langdon Marsh, Judith Green Simon
Fordham Urban Law Journal
Growing recognition of the economic benefits that historic preservation can bring to a community, coupled with a more traditional belief in preservation for its own sake, has focused the attention of federal, state and local government officials on the need for historic preservation statutes. This article explores the legal means available to protect historic resources in New York. Section II discussed steps taken by the federal government, primarily in the National Historic Preservation Act of 1966, to protect historic resources from adverse impacts resulting from federal actions. Section III analyzes the New York State Historic Preservation Act of 1980, and …
Beyond The Taking Issue: Emerging Procedural Due Process Issues In Local Landmark Preservation Programs, Samuel A. Turvey
Beyond The Taking Issue: Emerging Procedural Due Process Issues In Local Landmark Preservation Programs, Samuel A. Turvey
Fordham Urban Law Journal
In Penn Central Transportation Co. v. New York City, the United States Supreme Court accorded landmark preservation full legal status. This decision left unanswered questions, one of which is the procedural due process requirements for local designation proceedings. In Historic Green Springs, Inc. v. Bergland, a U.S. District Court set aside a designation as a violation of procedural due process. This comment examines the impact of the Historic Green Springs decision, and focuses on the administration of the New York City landmarks law specifically. The comment argues that ordinances such as New York's are inadequate, and concludes that municipal bodies …
Tender Offer Defensive Tactics-Federal Regulation Of Management's Prerogative , James P. Walker
Tender Offer Defensive Tactics-Federal Regulation Of Management's Prerogative , James P. Walker
Fordham Urban Law Journal
Management of a corporation has a general duty to determine whether a tender offer is in the best interest of the corporation and its shareholders. When management uses defensive tactics to respond to a tender offer, they are not acting in the best interests of the shareholders, because their actions are misleading. Shareholders seeking to attack the use of defensive tactics during a tender offer may proceed under state corporations laws, or federal securities laws. Under state law, the judiciary typically scrutinizes management activity under the business judgment rule, limiting scrutiny to situations where management decision are influenced by personal …
Barristers And Judges In England Today, Rt. Hon. Sir Robert Megarry
Barristers And Judges In England Today, Rt. Hon. Sir Robert Megarry
Fordham Law Review
No abstract provided.
Probable Cause Based On Inaccurate Computer Information: Taking Judicial Notice Of Ncic Operating Policies And Procedures, Patrick Hand
Probable Cause Based On Inaccurate Computer Information: Taking Judicial Notice Of Ncic Operating Policies And Procedures, Patrick Hand
Fordham Urban Law Journal
The National Crime Information Center (NCIC) is the most comprehensive computerized system for storing criminal justice information. It is managed by the FBI, but is used at the federal, state, and local level as an investigative tool. The use of computerized criminal information has raised questions in cases where an arrest was made relying on computer information which later proved to have been inaccurate. This Note discusses the fourth amendment implications of arrest based on inaccurate computer information and articulates the circumstances under which such an arrest should be upheld. NCIC safeguards are discussed and it is recommended that the …
The Right Of Undocumented Aliens Against Their Employers, Floyd G. Cottrell
The Right Of Undocumented Aliens Against Their Employers, Floyd G. Cottrell
Fordham Urban Law Journal
Undocumented aliens who seek to enforce their rights against their employer in state court will often face deportation. An undocumented alien is vulnerable to discriminatory treatment in the workplace, and abusive employment practices, which may often incentivize employers to hire undocumented aliens. This Note exams the legal issues surrounding the employment of undocumented aliens. In particular, the validity of state regulation is examined in light of the rights guaranteed to undocumented aliens under the fourteenth amendment to the United States Constitution, granting due process. The author argues that state welfare benefits should not be denied to undocumented aliens, nor should …
Homelessness In A Modern Urban Setting, Mark Malone
Homelessness In A Modern Urban Setting, Mark Malone
Fordham Urban Law Journal
Homelessness in urban settings is a problem in increasing numbers, typically as a result of mental instability or unemployment. New York State Legislature has attempted to deal with the homelessness problem, and is at the forefront of those jurisdictions which accord legal rights to homeless people through court decisions and legislation. This note examines the historic causes of homelessness, the purpose of vagrancy and loitering statutes, and why they have proven ineffective in dealing with the enormity of the homelessness problem. The Note concludes that further additions should be made to the New York State Social Services Laws on the …
A Federal Alternative To Erie Analysis Of State Law Changes During Diversity Appeals, Michael J. Lonergan
A Federal Alternative To Erie Analysis Of State Law Changes During Diversity Appeals, Michael J. Lonergan
Fordham Law Review
No abstract provided.
The Separate Interests Test: A New Hurdle In Foreign Entity Classification, Diane Francesca Krausz
The Separate Interests Test: A New Hurdle In Foreign Entity Classification, Diane Francesca Krausz
Fordham International Law Journal
The application of the separate interests test has thus far been attempted only with foreign entities; its acceptance in light of the recent Ninth Circuit decision in the MCA case remains uncertain. In domestic entity classifications, a mechanical analysis continues to be utilized. This Note will introduce the separate interests test, discuss its inconsistencies, and demonstrate how its application may lead to a different result. It will then explore the implications of applying the test retroactively and exclusively to foreign entities. Because the problem addressed by the application of the separate interests test could be more effectively resolved by legislative …
The Separate Entity Fiction Exposed: Disregarding Self-Serving Recitals Of Juridical Autonomy In Nationalization Cases, Aris Haigian
The Separate Entity Fiction Exposed: Disregarding Self-Serving Recitals Of Juridical Autonomy In Nationalization Cases, Aris Haigian
Fordham International Law Journal
This Note presents the factual setting in which the instant claim arose, and discusses the rulings of the lower courts and the conflicting rationales in light of existing law. In conclusion, it proposes a balancing test incorporating the relevant criteria for consideration in this and like cases.
The Use Of Rule 37(B) Sanctions To Enforce Jurisdictional Discovery, Sarah C. Murphy
The Use Of Rule 37(B) Sanctions To Enforce Jurisdictional Discovery, Sarah C. Murphy
Fordham Law Review
No abstract provided.
The Tax Exempt Status Of Communitarian Religious Organizations: An Unnecessary Controversy?, Meade Emory, Lawrence Zelenak
The Tax Exempt Status Of Communitarian Religious Organizations: An Unnecessary Controversy?, Meade Emory, Lawrence Zelenak
Fordham Law Review
No abstract provided.
Interstate Rendition Violations And Section 1983: Locating The Federal Rights Of Fugitives, Jacob A. Manheimer
Interstate Rendition Violations And Section 1983: Locating The Federal Rights Of Fugitives, Jacob A. Manheimer
Fordham Law Review
No abstract provided.
The Right To A Jury Trial In Obscenity Prosecutions: A Sixth Amendment Analysis For A First Amendment Problem, Richard A. Weinberg
The Right To A Jury Trial In Obscenity Prosecutions: A Sixth Amendment Analysis For A First Amendment Problem, Richard A. Weinberg
Fordham Law Review
No abstract provided.
Strike Violence: The Nlrb's Reluctance To Wield Its Broad Remedial Power, Donald R. Gitto
Strike Violence: The Nlrb's Reluctance To Wield Its Broad Remedial Power, Donald R. Gitto
Fordham Law Review
No abstract provided.
Denial Of A Pro Se Litigant's Motion To Appoint Counsel: The Preclusive Effect Of Refusing Immediate Review, Nicolas Swerdloff
Denial Of A Pro Se Litigant's Motion To Appoint Counsel: The Preclusive Effect Of Refusing Immediate Review, Nicolas Swerdloff
Fordham Law Review
No abstract provided.
Relaxing The Standard For Court-Ordered Discovery In Aid Of Commercial Arbitration, Mary R. D’Agostino
Relaxing The Standard For Court-Ordered Discovery In Aid Of Commercial Arbitration, Mary R. D’Agostino
Fordham Law Review
No abstract provided.
International Antitrust Policy And The 1982 Acts: The Continuing Need For Reassessment, Barry E. Haw
International Antitrust Policy And The 1982 Acts: The Continuing Need For Reassessment, Barry E. Haw
Fordham Law Review
No abstract provided.
The Duty Of The Government To Make The Law Known, Joseph E. Murphy
The Duty Of The Government To Make The Law Known, Joseph E. Murphy
Fordham Law Review
No abstract provided.
Judicial Discretion And The 1976 Civil Rights Attorney's Fees Awards Act: What Special Circumstances Render An Award Unjust?, Michael J. Mcnamara
Judicial Discretion And The 1976 Civil Rights Attorney's Fees Awards Act: What Special Circumstances Render An Award Unjust?, Michael J. Mcnamara
Fordham Law Review
No abstract provided.
Irs Access To Tax Accrual Workpapers: Legal Considerations And Policy Concerns, Katherine Pryor Burgeson
Irs Access To Tax Accrual Workpapers: Legal Considerations And Policy Concerns, Katherine Pryor Burgeson
Fordham Law Review
No abstract provided.
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Faculty Scholarship
During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …
In Re Mackin: Is The Application Of The Political Offense Exception An Extradition Issue For The Judicial Or Executive Branch?, Maria P. Imbalzano
In Re Mackin: Is The Application Of The Political Offense Exception An Extradition Issue For The Judicial Or Executive Branch?, Maria P. Imbalzano
Fordham International Law Journal
The purpose of this Note is to examine the opinions of the magistrate and court of appeals in In re Mackin, regarding the issue of whether the courts have jurisdiction to determine the applicability of the political offense exception. Part I of this Note will analyze the language of the applicable extradition statute and will compare the courts' interpretation with that of the government of the United States. Part II will attempt to resolve the jurisdictional issue by examining the language of the political offense exception in recent treaties. Part III will discuss the constitutional effect of the political question …