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The U.S.-Soviet Maritime Agreement: A New Plan For Bilateral Cooperation, Jean S. Gerard Jan 1977

The U.S.-Soviet Maritime Agreement: A New Plan For Bilateral Cooperation, Jean S. Gerard

Fordham International Law Journal

The author starts with the premise that the U.S.-Soviet Maritime Agreement, which was signed on October 14, 1972, and renegotiated as of December 19, 1972, is unique. Before the agreement was signed, only about 6 percent of U.S.-Soviet trade was being carried in U.S. bottoms, whereas 94 percent was being carried in Soviet bottoms. The author highlights that one significant achievement of the Agreement was the reciprocal opening to access of forty U.S. ports and forty Soviet ports by commercial, scientific, and merchant marine training ships of the two nations upon four days advance notive. The selection of ports was …


American Bar Association Special Committee On Election Reform, Symposium On The Vice-Presidency, Panel Discussion 2. Selection Of Vice-Presidential Candidates Jan 1977

American Bar Association Special Committee On Election Reform, Symposium On The Vice-Presidency, Panel Discussion 2. Selection Of Vice-Presidential Candidates

Fordham Law Review

This transcript is part of the published proceedings of a symposium convened by the American Bar Association’s Special Committee on Election Reform, which the ABA formed in 1973 and was chaired by John D. Feerick. The symposium took place at Fordham Law School on December 3, 1976. It occurred in the wake of the Watergate era, which saw the resignation of one vice president, the appointment of two vice presidents pursuant to the Twenty-Fifth Amendment’s Section 2, and a vice president’s succession to the presidency. The symposium’s purpose was to assemble experts on the vice-presidency to develop reform proposals related …


Public Inspection Of State And Municipal Executive Documents: "Everybody, Practically Everything, Anytime, Except . . . .", William Randolph Henrick Jan 1977

Public Inspection Of State And Municipal Executive Documents: "Everybody, Practically Everything, Anytime, Except . . . .", William Randolph Henrick

Fordham Law Review

No abstract provided.


Foreign Security Surveillance―Balancing Executive Power And The Fourth Amendment, Charles G. La Bella Jan 1977

Foreign Security Surveillance―Balancing Executive Power And The Fourth Amendment, Charles G. La Bella

Fordham Law Review

No abstract provided.


Education And The Copyright Law: Still An Open Issue , Don Lawrence Pitt Jan 1977

Education And The Copyright Law: Still An Open Issue , Don Lawrence Pitt

Fordham Law Review

No abstract provided.


Reason And The Fourth Amendment―The Burger Court And The Exclusionary Rule , Norman M. Robertson Jan 1977

Reason And The Fourth Amendment―The Burger Court And The Exclusionary Rule , Norman M. Robertson

Fordham Law Review

No abstract provided.


The Effect Of The Interstate Agreement On Detainers Upon Federal Prisoner Transfer, Daniel E. Casagrande Jan 1977

The Effect Of The Interstate Agreement On Detainers Upon Federal Prisoner Transfer, Daniel E. Casagrande

Fordham Law Review

No abstract provided.


The Foreign Sovereign Immunities Act Of 1976: Giving The Plaintiff His Day In Court, Kevin P. Simmons Jan 1977

The Foreign Sovereign Immunities Act Of 1976: Giving The Plaintiff His Day In Court, Kevin P. Simmons

Fordham Law Review

No abstract provided.


Case Note: Labor Law - Collective Bargaining - Job Security Is A Proper Subject Of Negotiations Between A Public Employer And Public Employee Organization Under The Taylor Law, Joan W. Keenan Jan 1977

Case Note: Labor Law - Collective Bargaining - Job Security Is A Proper Subject Of Negotiations Between A Public Employer And Public Employee Organization Under The Taylor Law, Joan W. Keenan

Fordham Urban Law Journal

In this case note, Joan W. Keenan analyzes Board of Education v. Yonkers Federation of Teachers, 40 N.Y.2d 268, 353 N.E.2d 569, 386 N.Y.S.2d 657 (1976). In 1975 the city of Yonkers was plagued by a severe financial emergency. As part of an effort to balance its budget, plaintiff Yonkers City Board of Education unilaterally terminated the services of a number of teachers. Defendant Yonkers Federation of Teachers demanded arbitration on this issue under the terms of a job security clause contained in the collective bargaining agreement between the Board and the Federation. Plaintiff then brought a proceeding for a …


Note: Osha Inspections And The Fourth Amendment: Balancing Private Rights And Public Need, Glenn J. Fuerth Jan 1977

Note: Osha Inspections And The Fourth Amendment: Balancing Private Rights And Public Need, Glenn J. Fuerth

Fordham Urban Law Journal

The Occupational Safety and Health Act of 1970 (OSHA) is the result of the Federal government's concern about safe working conditions. The purpose of OSHA is to assure safe and healthful working conditions and to preserve our human resources. To effectuate its goal of promoting industrial safety, OSHA authorizes the Secretary of Labor to establish mandatory occupational safety and health standards applicable to businesses affecting interstate commerce. It also authorizes the Secretary to enter and inspect any work place during regular working hours and at other reasonable times to ensure compliance with the health and safety standards. The inspection provision …


Good Faith Reliance Upon Federal Reserve Board Staff Opinion Letters: The Circuits Converge, Michael Thomas Kelly Jan 1977

Good Faith Reliance Upon Federal Reserve Board Staff Opinion Letters: The Circuits Converge, Michael Thomas Kelly

Fordham Urban Law Journal

The Federal Reserve Board (FRB) is the central, single agency for issuing all regulations on credit disclosures. It administers the Truth in Lending Act pursuant to Title I of the Consumer Credit Protection Act. Congress intended the FRB to consolidate all disclosure requirements but the FRB did so in a confusing fashion. It utilizes three different methods of disseminating truth-in-lending information: (1) through the publication of Regulation Z, an administrative code, to prescribe disclosure rules; (2) through interpretations of the rules; and (3) through staff opinion letters. The confusion resulted from disagreements in the applicable law between the three methods. …


Note: Involuntary Retirement Under The Age Discrimination Employment Act: The Bona Fide Employee Benefit Plan Exception, Robert F. Tully Jan 1977

Note: Involuntary Retirement Under The Age Discrimination Employment Act: The Bona Fide Employee Benefit Plan Exception, Robert F. Tully

Fordham Urban Law Journal

The purpose of the Age Discrimination Employment Act (ADEA) is "to promote employment of older persons based on their ability rather than age." ADEA covers workers who are at least forty years of age but less than sixty-five. The setting of these age limits, particularly the lower limit, was the cause of much debate during the formation of the law. After examining the problems of older persons seeking employment, Congress concluded that the unemployment rate for older workers was much higher than for younger workers. It found that the setting of arbitrary age limits had become common within industry and …


Accountability Versus Privacy: The Plight Of Institutionalized Emotionally Disturbed Children, Katherine M. Lordi Jan 1977

Accountability Versus Privacy: The Plight Of Institutionalized Emotionally Disturbed Children, Katherine M. Lordi

Fordham Urban Law Journal

This article examines the an individual's right to privacy in relation to the state's interest in a smoothly-functioning system of mental health care for minors and concludes with some general guidelines for institutional accountability. The articles states that in order to balance the right of an institutionalized patient to be free from unwarranted invasions of privacy with the public's demand for transparency and accountability, two tasks must be confronted: (1) the limits of institutional and managerial accountability must be defined; and (2) the public's need to know must be balanced with a respect for the patient's personal privacy and material …


New York City School Decentralization: The Respective Powers Of The City Board Of Education And The Community School Boards, Kenneth R. Mcgrail Jan 1977

New York City School Decentralization: The Respective Powers Of The City Board Of Education And The Community School Boards, Kenneth R. Mcgrail

Fordham Urban Law Journal

The city of New York constitutes a single school district and the city Board of Education is charged with the general management and control of educational affairs in the city school district. The Board is subject to the plenary powers of the State Board of Regents and the State Commissioner of Education. Local school boards existed within the city school district but functioned largely advisory roles until the State Legislature began restructuring the New York City School District in 1968 and major legislation changed the city district into a decentralized system. The change resulted from the belief that community-base school …


Third Party Suits Under Section 3612 Of The Fair Housing Act Of 1968, Gary A. Grasso Jan 1977

Third Party Suits Under Section 3612 Of The Fair Housing Act Of 1968, Gary A. Grasso

Fordham Urban Law Journal

This note examines the Fair Housing Act of 1968 (1968 Act) which makes it unlawful, with certain exceptions, to discriminate in the sale or rental of private housing. In particular, the note examines the remedies available under Sections 3610 and 3612, which provide for the enforcement of the statute by private complainants. The note focuses on the issue of standing and the question of alternative use involving sections 3610 and 3612 of the 1968 Act, especially as to third party complainants. The note concludes that just as section 3610 was opened to plaintiffs arguing for the rights of third parties, …


Criminal Law - Right To Counsel - Custodial Criminal Defendant May Not Waive Right To Counsel In The Absence Of His Court-Appointed Attorney, Stuart J. Feld Jan 1977

Criminal Law - Right To Counsel - Custodial Criminal Defendant May Not Waive Right To Counsel In The Absence Of His Court-Appointed Attorney, Stuart J. Feld

Fordham Urban Law Journal

This case note examines the New York Court of Appeals' decision in People v. Hobson, 39 N.Y.2d 479, 348 N.E.2d 894, 384 N.Y.S.2d 419 (1976), which held that once a counsel has been engaged in a criminal proceeding a defendant may not waive his right to counsel when his lawyer is not present. The case note discusses the evolution in protection levels afforded defendants in New York as well as in decisions by the United States Supreme Court and suggests that the Hobson decision's impact is enormous as it resurrects two important pro-defendant rules that were previously overruled. The Hobson …


Cy Pres Powers Of The Federal Bankruptcy Courts - New Hope For Financially Distressed Charities?, George B. Reese Jan 1977

Cy Pres Powers Of The Federal Bankruptcy Courts - New Hope For Financially Distressed Charities?, George B. Reese

Fordham Urban Law Journal

During times of economic turmoil, certain private charitable institutions operating in urban areas often face financial problems. In the past, these institutions - hospitals, community service centers, and the like - were partially reimbursed by government welfare funds for their "public services" expenditures. But as the pressures on municipal budgets have increased, these reimbursements become delayed, and sometimes uncertain. A charitable corporation contemplating a petition in bankruptcy might wish to seek cy pres relief from the bankruptcy court. Cy pres, a common feature of state law, provides that a gift in trust or otherwise which is determined to have been …


Note: Constitutional Chellanges To New York's Youthful Offender Statute, John M. Tyd Jan 1977

Note: Constitutional Chellanges To New York's Youthful Offender Statute, John M. Tyd

Fordham Urban Law Journal

New York's Youthful Offender Statute has been described as "humane and progressive legislation intended for the benefit of a youth who makes his first mistake and that he should not be branded as a criminal therefor..." In keeping with this philosophy, the statute provides a system whereby a youth (i.e., an individual between the ages of sixteen and eighteen) can avoid the serious consequences which result from being convicted of a crime. Upon determination that youthful offender status should be granted, the conviction is vacated and replaced with a youthful offender finding. Prior to 1975, those youths indicted for crimes …


Note: Child Abuse And Maltreatment: The Development Of New York's Child Protection Laws, Iris Ann Albstein Jan 1977

Note: Child Abuse And Maltreatment: The Development Of New York's Child Protection Laws, Iris Ann Albstein

Fordham Urban Law Journal

Each year over 200,000 children in the United States are abused or neglected by their parents. While many of these children are very young and come from poor families, children of every age and income bracket are victimized. In the early 1960s the federal government took some affirmative action by amending the Social Security Act to provide funds for the states in order to establish comprehensive child welfare services for children receiving substandard care. Until recently the states had done little to help these children. Each state now has laws offering protection and services to abused and neglected children. New …


Note: Federal Common Law Remedies For The Abatement Of Water Pollution, James D. Kakoullis Jan 1977

Note: Federal Common Law Remedies For The Abatement Of Water Pollution, James D. Kakoullis

Fordham Urban Law Journal

As a result of the Supreme Court's landmark decision in Illinois v. City of Milwaukee, federal common law, a new and potentially effective remedy, has been made available to parties seeking relief in water pollution cases in the federal courts. However, the possibility of non-sovereign parties using federal common law remedies to protect the waterways may be severely diminished as several federal courts have restricted such remedies to suits involving interstate waterways. This Note will examine the effect of these decisions on the ability of parties to initiate waterway pollution suits based on the federal common law and consider whether …


Note: Bilingual Education - A Problem Of "Substantial" Numbers Jan 1977

Note: Bilingual Education - A Problem Of "Substantial" Numbers

Fordham Urban Law Journal

This unsigned note argues that the Supreme Court should reexamine the rights of language minority students under 42 U.S.C. §2000d in order to clarify its holding in Lau v. Nichols. In that case, the Court established the right of non-English speaking children to receive compensatory language instruction under that statute. The note analogizes language minority children to handicapped children who the Court has held are entitled to receive a minimal education which is geared toward their needs. Since language minority students may not be able to obtain minimal education without compensatory language instruction, they may be entitled to such instruction.


Enhancing The Security Behind Municipal Obligations: Flushing And U.S. Trust Lead The Way, Kenneth W. Bond Jan 1977

Enhancing The Security Behind Municipal Obligations: Flushing And U.S. Trust Lead The Way, Kenneth W. Bond

Fordham Urban Law Journal

When bond counsel' render their legal opinion approving the issuance and delivery of a municipal obligation, one of the opinions traditionally expressed is that the obligation is "valid and legally binding according to its terms." Significant, here, are the words "valid" and "binding." The validity of a municipal obligation can usually be determined by straightforward observation. Bond counsel must be satisfied that (1) the issuer has statutory and sometimes constitutional authority to borrow and incur indebtedness (2) the funds borrowed are to be used for a public purpose and (3) the issuer has complied with the preconditions to issuing debt …


The Recodified New York Election Law: A Small Step In The Right Direction, John J. Keohane, Michael A. Vaccari Jan 1977

The Recodified New York Election Law: A Small Step In The Right Direction, John J. Keohane, Michael A. Vaccari

Fordham Urban Law Journal

During the 1976 national and local election campaigns, the New York State Election Law and its "Byzantine" procedures came under withering attack by both the candidates and the press. The inadequacies of the existing law had long been recognized and decried by numerous citizens groups and legislators. The first step toward much-needed substantive election law reform has been taken recently with the passage of an Election Law Recodification Act. The new law, passed under the sponsorship of Assemblyman Melvin H. Miller, Chairman of the Election Law Committee, went into effect on December 1, 1977. The Election Law Recodification is characterized …


Note: New York - A City In Crisis: Fiscal Emergency Legislation And The Constitutional Attacks, Gayle Gutekunst-Roth Jan 1977

Note: New York - A City In Crisis: Fiscal Emergency Legislation And The Constitutional Attacks, Gayle Gutekunst-Roth

Fordham Urban Law Journal

Generous spending and, some would add, fiscal mismanagement have been a New York City tradition, putting tremendous pressures on both the City and State budgets. To forestall the deterioration of the City's financial condition and the subsequent collapse of the City itself, the New York State Legislature enacted a series of laws, many of which were feverishly incorporated into the body of State law in extraordinary session. With the creation of public authorities, the authorization of State funds to aid these authorities, and State hindrance of the payment of municipal debt service obligations, came inevitable claims in the courts that …


Case Note: Constitutional Law - Fair Hearing - A Provider Of Services Has A Right To Challenge A Determination Of Medicaid Benefits For Its Patients, Leonard J. Morreale, Jr. Jan 1977

Case Note: Constitutional Law - Fair Hearing - A Provider Of Services Has A Right To Challenge A Determination Of Medicaid Benefits For Its Patients, Leonard J. Morreale, Jr.

Fordham Urban Law Journal

In this case note, Leonard J. Morreale, Jr. analyzes Peninsula General Nursing Home v. Sugarman, 57 App. Div. 2d 268, 394 N.Y.S.2d 644 (1st Dep't 1977). Jacob Stupler, an alleged indigent, was enrolled in the federal Medicare program which reimbursed the petitioner, Peninsula General Nursing Home, for the cost of medical care and services rendered to him. When federal benefits were terminated, petitioner promptly applied for Medicaid coverage on behalf of Mr. Stupler pursuant to the New York State Medical Assistance for Needy Persons Plan. The Social Services Department of the City of New York denied the application because Mr. …


Book Review: Denial Of Justice: Criminal Process In The United States, Thomas G. Roth Jan 1977

Book Review: Denial Of Justice: Criminal Process In The United States, Thomas G. Roth

Fordham Urban Law Journal

Thomas G. Roth reviews Denial of Justice: Criminal Process in the United States by Lloyd L. Weinreb. In his book, Lloyd L. Weinreb argues persuasively that American criminal process not only falls short of being the best there is, but it denies us a system which we can properly call "just." Weinreb's work is divided into two sections. The first part, which comprises the bulk of the book, explains how criminal process works and, more significantly, how it has failed to achieve effectively the goals for which it was developed. In the second part, he describes in general theory an …


Rationalizing The Federal Act Of State Doctrine And Evolving Judicial Exceptions, Stephen G. Wolfe Jan 1977

Rationalizing The Federal Act Of State Doctrine And Evolving Judicial Exceptions, Stephen G. Wolfe

Fordham Law Review

No abstract provided.


Recent Developments Jan 1977

Recent Developments

Fordham Law Review

No abstract provided.


Theories Of Measuring Damages In Security Cases And The Effects Of Damages On Liability , Thomas J. Mullaney Jan 1977

Theories Of Measuring Damages In Security Cases And The Effects Of Damages On Liability , Thomas J. Mullaney

Fordham Law Review

No abstract provided.


Medical Malpractice Mediation Panels: A Constitional Analysis , Edward F. Seavers, Jr. Jan 1977

Medical Malpractice Mediation Panels: A Constitional Analysis , Edward F. Seavers, Jr.

Fordham Law Review

No abstract provided.