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Articles 7621 - 7650 of 8567
Full-Text Articles in Entire DC Network
Immunizing The Investigating Prosecutor: Should The Dishonest Go Free Or The Honest Defend?, Susan M. Coyne
Immunizing The Investigating Prosecutor: Should The Dishonest Go Free Or The Honest Defend?, Susan M. Coyne
Fordham Law Review
No abstract provided.
Radar Speed Detection: Homing In On New Evidentiary Problems, Louis C. Dujmich
Radar Speed Detection: Homing In On New Evidentiary Problems, Louis C. Dujmich
Fordham Law Review
No abstract provided.
Choice Of Forum Provisions And The Intrastate Dilemma: Is Ouster Ousted?, Patrick J. Barrett
Choice Of Forum Provisions And The Intrastate Dilemma: Is Ouster Ousted?, Patrick J. Barrett
Fordham Law Review
No abstract provided.
Speedy Trial Rights In Application, Gregory P.N. Joseph
Speedy Trial Rights In Application, Gregory P.N. Joseph
Fordham Law Review
No abstract provided.
Discussion, James L. Magavern
Discussion, James L. Magavern
Fordham Urban Law Journal
This is a transcript of remarks given by James L. Magavern in response to Donald H. Elliot's paper "Proposed Fiscal Monitoring Legislation in New York: A Comparative Analysis." This discussion emphasizes the political nature of budgetary decisions and the speaker's concern that there is a more general need for financial integrity and accountability in government.
Proposal For Determinate Sentencing In New York: The Effect On An Offender's Due Process Rights, John D. Winter
Proposal For Determinate Sentencing In New York: The Effect On An Offender's Due Process Rights, John D. Winter
Fordham Urban Law Journal
This Note examines the differences between indeterminate sentencing, the goal of which is rehabilitative, and determinate sentencing. It looks at the constitutional and procedural safeguards due to prisoners at sentencing. Finally, the Note looks at legislation introduced in New York and its proposals for changing the sentencing procedures.
Speedy Trial Rights In Application, Gregory P.N. Joseph
Speedy Trial Rights In Application, Gregory P.N. Joseph
Fordham Law Review
No abstract provided.
Discussion, Edward M. Kresky
Discussion, Edward M. Kresky
Fordham Urban Law Journal
This is an edited transcript of comments made after Mr. Sigal's paper, The Proposed Constitutional Amendments to the Local Finance Article: A Critical Analysis, was presented. They respond to the points made in the paper and also describe the speaker, Edward M. Kresky's, first hand experience with finance and city government.
The Regulation Of Rental Apartment Conversions, Constance W. Cranch
The Regulation Of Rental Apartment Conversions, Constance W. Cranch
Fordham Urban Law Journal
This Comment examines the increasing rate of apartment buildings being converted to condominiums and cooperatives. It take a critical look at the the benefits and drawbacks of conversion for both landlords and tenants. Finally, the Comment argues that legislation should be passed in order to ensure that landlords can reap the benefits of conversion while seeing that the hardship on low-income and elderly tenants is mitigated.
The Right To Financial Privacy Act: New Protection For Financial Records, Lorena Kern Davitt
The Right To Financial Privacy Act: New Protection For Financial Records, Lorena Kern Davitt
Fordham Urban Law Journal
This Comment looks at the right of financial privacy and Congress' recent attempt to recognize it. It goes on to analyze the Financial Privacy Act. Finally, the Comment examines the origins of the Act, the various provisions of the Act, and the problems associated with the Act.
The Constitutionality Of Public School Financing Laws: Judicial And Legislative Interaction, Bruce Gitlin
The Constitutionality Of Public School Financing Laws: Judicial And Legislative Interaction, Bruce Gitlin
Fordham Urban Law Journal
This Note looks at the various ways states fund public education. Then the Note examines the how the U.S. Supreme Court's decision of Board of Education v. Nyquist impacts how states fund public education. Finally, the Note argues that the U.S. Supreme Court should expand, rather than contract, the options available for states to fund public education.
The Mechanics Of Institutional Reform Litigation , A. David Reynolds
The Mechanics Of Institutional Reform Litigation , A. David Reynolds
Fordham Urban Law Journal
An examination of large scale public interest lawsuits in the 1970s aimed at institutional reform which resulted in the federal courts becoming involved in the administration of governmental agencies. These actions were considered by some to be a new breed of litigation. This article provides some insight into the process that these suits are litigated. Further, the article examines the relief provided in these lawsuits as well as the enforcement issues involved providing that relief was granted.
Federal Legislative Proposals For The Protection Of Privacy , Ludmila Kaniuga-Golad
Federal Legislative Proposals For The Protection Of Privacy , Ludmila Kaniuga-Golad
Fordham Urban Law Journal
Previously, privacy rights had to be litigated under one of the four recognized tort claim of actions. With the advent of the computer age, it was argued that new causes of actions should be created to supplement the individually recognized privacy rights of the people. At the time this article was written, several privacy related bills were before congress. The note examines the benefits of the bills proposed, and the (justified) failure of the proposals to consider a single federal information data bank due to its inability to safeguard privacy. It also synopsizes the Subcommittee on Constitutional Rights' findings on …
The Fordham Symposium On The Local Finance Project Of The Association Of The Bar Of The City Of New York: An Introductory Essay, Eugene W. Harper, Jr.
The Fordham Symposium On The Local Finance Project Of The Association Of The Bar Of The City Of New York: An Introductory Essay, Eugene W. Harper, Jr.
Fordham Urban Law Journal
This article is an introduction to the symposium held at Fordham Law School on March 24, 1979, focused on a report entitled "Proposals to Strengthen Local Finance Laws in New York State" published by The Committee on Municipal Affairs of the Association of the Bar of the City of New York. This article describes the report and its merits.
The Proposed Constitutional Amendments To The Local Finance Article: A Critical Analysis, Richard L. Sigal
The Proposed Constitutional Amendments To The Local Finance Article: A Critical Analysis, Richard L. Sigal
Fordham Urban Law Journal
This paper examines the recent proposals of the Committee on Municipal Affairs of the Association of the Bar of the City of New York to amend Article VIII of the New York State Constitution. These amendments would modify the powers of local governments to raise and spend money. The paper considers philosophical, political and judicial theories of local finance, and summarizes the effects of the proposals, concluding that they have merit and should be explored.
Discussion, John C. Burton
Discussion, John C. Burton
Fordham Urban Law Journal
This is an edited transcript of remarks made by John C. Burton in response to Thomas S. Currier's paper "Mandating Disclosure in Municipal Securities Issues: Proposed New York Legislation." The remarks focus on the importance of the federal government in mandating disclosure.
Proposed Fiscal Monitoring Legislation In New York: A Comparative Analysis, Donald H. Elliot
Proposed Fiscal Monitoring Legislation In New York: A Comparative Analysis, Donald H. Elliot
Fordham Urban Law Journal
This article argues that the recent financial difficulties of New York City, Cleveland and other financially strapped municipalities demonstrate the need for the preparation and maintenance of balanced budgets and effective monitoring of local budget planning and administration. The article examines the City Bar Association Committee on Municipal Affairs' proposed revision of the existing debt limits, exclusion in the New York Constitution of a provision mandating localities to adopt and maintain balanceed budgets and the establishment of a state-operated fiscal monitoring system to supplant the traditional approach to budgetary control in light of the monitoring systems employed in Pennsylvania and …
Maintenance And Repairs Of Cooperative Apartments: Rights And Remedies Of Tenant-Shareholders, Damon R. Maher
Maintenance And Repairs Of Cooperative Apartments: Rights And Remedies Of Tenant-Shareholders, Damon R. Maher
Fordham Urban Law Journal
This comment examines the duties landlords have to maintain a habitable dwelling for tenants. It also recounts the various remedies tenants have when their landlord fails to meet its duties regarding habitability. The comment then goes on analyze whether or not these remedies are available to leaseholders of a cooperative apartment against the cooperative corporation that owns the apartment. In cases when those remedies are not available, this comment will recount what remedies are available.
Standing Under Section 14(E) Of The Securities Exchange Act Of 1934: May A Tender Offeror Sue For Injunctive Relief?, James A. Scaduto
Standing Under Section 14(E) Of The Securities Exchange Act Of 1934: May A Tender Offeror Sue For Injunctive Relief?, James A. Scaduto
Fordham Urban Law Journal
This Note examines certain legal issues arising out of the increasing popularity of cash tender offers as a means for gaining control of public companies. Specifically, this Note will examine The Williams Act and its protection against possible fraud committed by parties attempting to use cash tender offers to take control of a company. Next, the Note will review the U.S. Supreme Court decision Piper Aircraft, Inc. v. Chris-Craft Industries, Inc. to see if a tender offeror can sue for damages under section 14(e) of Securities Exchange Act of 1934 if it is defrauded by another tender offeror.
The Successor Employer's Obligation To Bargain: Current Problems In The Presumption Of A Union's Majority Status, Peter Blasier
The Successor Employer's Obligation To Bargain: Current Problems In The Presumption Of A Union's Majority Status, Peter Blasier
Fordham Urban Law Journal
This Note examines federal labor policy as it relates to successor employers' duty to negotiate with the labor union of the previous employer. Specifically, this Note analyzes the impact that the successor employers' right to refuse to negotiate if it has a "good faith doubt" that the union retains its majority status has on employee's freedom of choice. Finally, it examines national labor policy and concludes that the policy of the National Labor Relations Board unduly "sacrifices the determination of actual employee free choice."
Rule 10b-5: Birth Of The Concept Of Market Insider And Its Application In A Criminal Case - United States V. Chiarella, John J. Murphy
Rule 10b-5: Birth Of The Concept Of Market Insider And Its Application In A Criminal Case - United States V. Chiarella, John J. Murphy
Fordham Urban Law Journal
This Note examines the necessity of the expansion of the "market insider" by the Second Circuit Court of Appeals in United States v. Chairella. It goes on to analyze whether or not the criminal conviction under Rule 10b-5 of Chiarella was appropriate given the lack of notice.
The Mortgage Subsidy Bond Tax Act Of 1979: An Unwarranted Attack On State Sovereignty, John J. Keohane
The Mortgage Subsidy Bond Tax Act Of 1979: An Unwarranted Attack On State Sovereignty, John J. Keohane
Fordham Urban Law Journal
This Article examines the constitutionality of repealing the tax exempt status of interest accrued on bonds issued by states and municipalities. It concludes that repealing this tax exemption is unconstitutional, as it would encroach on state's sovereignty inherently protected by the constitution.
Criminal Discovery In New York: The Effect Of The New Article 240 , Thomas N. Kendris
Criminal Discovery In New York: The Effect Of The New Article 240 , Thomas N. Kendris
Fordham Urban Law Journal
Despite the many persuasive reasons for criminal discovery, its development in New York took place in a gradual, ad hoc manner. This led the New York State Legislature to enact the original article 240 in the Criminal Procedure Act (CPL) in 1971 which provided the courts with a consistent framework to discovery and significantly expanded an accused rights to evidence. This article provides a comprehensive overview of the original article 240, some significant problems that arose under it, and how the new enacted article 240 attempted to address the problems. The author then argues that the new statute could have …
New York's Juvenile Offender Law: An Overview And Analysis, John P. Woods
New York's Juvenile Offender Law: An Overview And Analysis, John P. Woods
Fordham Urban Law Journal
In response to the public outrage over the light sentencing of some of New York City's juvenile offenders who had committed heinous crimes, the legislature enacted the Crime Package Bill which made revisions to the entire justice system. The result was that New York was provided with some of the harshest juvenile justice systems in the country. This Article argues that the system is both ineffective and inefficient. First, the Article examines the historical development of the juvenile system, then the more recent reforms of the system, and finally the problems created by the Crime Package Bill.
Free Exercise And The Attorney/Priest: The Clerical Collar In The Courtroom, Jeffrey Glassman
Free Exercise And The Attorney/Priest: The Clerical Collar In The Courtroom, Jeffrey Glassman
Fordham Urban Law Journal
One of the more difficult free exercise of religion problems to come to the courts is the conflict that arises when an attorney who is also a ordained Roman Catholic priest claims the right to appear before a criminal jury while wearing his clerical collar. The New York Court of Appeals forbade a priest from wearing his collar, while the New York Supreme Court granted an application by an attorney/priest to wear his collar. This decision was subsequently overruled by the appellate division. This Article examines arguments in favor of allowing a priest to wear his collar. It examines the …
Institutional Posture: A Measure For Good Faith In An Irs Summons Enforcement Proceeding, Monice Rosenbaum
Institutional Posture: A Measure For Good Faith In An Irs Summons Enforcement Proceeding, Monice Rosenbaum
Fordham Urban Law Journal
The Internal Revenue Service may use its powers under section 7602 of the Internal Revenue Code to issue administrative summonses to taxpayers and third parties to verify the content of a filed tax return or to prepare a return where none has been filed. Frequent disputes arise between the IRS and taxpayers who claim that its agents have overstepped their section 7602 power. The Supreme Court attempted to clarify the issues surrounding these disputes in United States v. LaSalle National Bank. The Court formulated a two prong test and created an "institutional posture" standard to measure the IRS's good faith. …
Mutual Fund Advisory Fees--Too Much For Too Little?, Angelo G. Savino
Mutual Fund Advisory Fees--Too Much For Too Little?, Angelo G. Savino
Fordham Law Review
No abstract provided.
Public Figure Defamation: Preserving Summary Judgment To Protect Free Expression, Andrea B. Feller
Public Figure Defamation: Preserving Summary Judgment To Protect Free Expression, Andrea B. Feller
Fordham Law Review
No abstract provided.
Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger
Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger
Fordham Law Review
No abstract provided.
Fcc Regulation Of Broadcast News: First Amendment Perils Of Conflicting Standards Of Review , Christopher William Jones
Fcc Regulation Of Broadcast News: First Amendment Perils Of Conflicting Standards Of Review , Christopher William Jones
Fordham Law Review
No abstract provided.