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Adverse Publicity And Sec Enforcement Procedure, Robinson B. Lacy Jan 1977

Adverse Publicity And Sec Enforcement Procedure, Robinson B. Lacy

Fordham Law Review

No abstract provided.


Book Review Jan 1977

Book Review

Fordham Law Review

No abstract provided.


American Bar Association Special Committee On Election Reform, Symposium On The Vice-Presidency, Panel Discussion 3. Conduct Of The Office: Duties And Functions Jan 1977

American Bar Association Special Committee On Election Reform, Symposium On The Vice-Presidency, Panel Discussion 3. Conduct Of The Office: Duties And Functions

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 …


American Bar Association Special Committee On Election Reform, Symposium On The Vice-Presidency, Panel Discussion, Supplementary Appendix B: An Overview Of The Vice-Presidency, Joel K. Goldstein Jan 1977

American Bar Association Special Committee On Election Reform, Symposium On The Vice-Presidency, Panel Discussion, Supplementary Appendix B: An Overview Of The Vice-Presidency, Joel K. Goldstein

Fordham Law Review

This Report describes the origins of the vice presidency, the history of the office and its occupants, the process and criteria for selecting vice presidents, and recommendations for reform related to the office. The Report was prepared at the request of the American Bar Association’s Special Committee on Election Reform in connection with the committee’s symposium on the vice presidency, which was held on December 3, 1976 at Fordham University School of Law.


The Internal Revenue Service As A Monitor Of Church Institutions: The Excessive Entanglement Problem, Sharon L. Worthing Jan 1977

The Internal Revenue Service As A Monitor Of Church Institutions: The Excessive Entanglement Problem, Sharon L. Worthing

Fordham Law Review

No abstract provided.


Physicians Counterattack: Liability Of Lawyers For Instituting Unjustified Medical Malpractice Actions, Sheila L. Birnbaum Jan 1977

Physicians Counterattack: Liability Of Lawyers For Instituting Unjustified Medical Malpractice Actions, Sheila L. Birnbaum

Fordham Law Review

No abstract provided.


The Most Lustrous Branch: Watergate And The Judiciary, Leon Jaworski Jan 1977

The Most Lustrous Branch: Watergate And The Judiciary, Leon Jaworski

Fordham Law Review

No abstract provided.


Liquidated Damages: A Comparison Of The Common Law And The Uniform Commercial Code, William S. Harwood Jan 1977

Liquidated Damages: A Comparison Of The Common Law And The Uniform Commercial Code, William S. Harwood

Fordham Law Review

No abstract provided.


The Advocate, The Advocate, Fordham Law School Aug 1976

The Advocate, The Advocate, Fordham Law School

The Advocate

In Summer Competition: Pitman Takes Mulligan Prize; SBA Considers Minority Budgets; Placement Seminar Planned for August 28


The Advocate, The Advocate, Fordham Law School Apr 1976

The Advocate, The Advocate, Fordham Law School

The Advocate

Dillon Awarded Keefe Prize Moot Growth Cited; Presidential Summit; Finlay and Sullivan Discuss Rape of FLS; Jessup Team Takes Int'l Moot; Mulry Named Best Speaker; Finals in Washington, D.C.; Who's Who in Bar Review; No Free Xerox; Lib Staff May Load Copiers; Markstein Refuses Comment


Ucc Section 2-608: Reasonable Time For Revocation Of Acceptance, Doreen Stolzenberg Jan 1976

Ucc Section 2-608: Reasonable Time For Revocation Of Acceptance, Doreen Stolzenberg

Fordham Law Review

No abstract provided.


The Poppy Is Not An Ordinary Flower: A Survey Of Drug Policy In Iran, Gerald T. Mclaughlin Jan 1976

The Poppy Is Not An Ordinary Flower: A Survey Of Drug Policy In Iran, Gerald T. Mclaughlin

Fordham Law Review

No abstract provided.


Revised Federal Rule 11: Tighter Guidelines For Pleas In Criminal Cases, Elaine Brand Jan 1976

Revised Federal Rule 11: Tighter Guidelines For Pleas In Criminal Cases, Elaine Brand

Fordham Law Review

No abstract provided.


Quality Advocacy And The Code Of Professional Responsibility, Conflicts Of Interests--A Trial Judge's Notes, The Honorable Orrin G. Judd Jan 1976

Quality Advocacy And The Code Of Professional Responsibility, Conflicts Of Interests--A Trial Judge's Notes, The Honorable Orrin G. Judd

Fordham Law Review

The quality of representation is undermined when a client's interests conflict with those of a third party, another client, a former client, or the attorney himself. In addition, a criminal defendant's interests in acquittal or a civil litigant's desire to vindicate his claim may run afoul of a court's search for truth. The Code of Professoinal Responsibility addresses the conflicts of interest problem directly and indirectly in a number of disciplinary rules and ethical considerations. Judge Judd enumerates these provisions in his reflections on some of the conflicts he has witnessed from the bench, and he outlines the judiciary's role …


Securities Actions: Equitable Defenses And The Good Faith Defense For "Controlling Persons", Alice R. Belair Jan 1976

Securities Actions: Equitable Defenses And The Good Faith Defense For "Controlling Persons", Alice R. Belair

Fordham Law Review

No abstract provided.


Civilian Review Of Military Habeas Corpus Petitions: Is Justice Being Served?, Gerard Hannon Jan 1976

Civilian Review Of Military Habeas Corpus Petitions: Is Justice Being Served?, Gerard Hannon

Fordham Law Review

No abstract provided.


Don't Steal A Turkey In Arkansas―The Second Felony Offender In New York, Susan Buckley Jan 1976

Don't Steal A Turkey In Arkansas―The Second Felony Offender In New York, Susan Buckley

Fordham Law Review

No abstract provided.


Federal "Going Private" Standards: A New Direction For The Second Circuit?, Claudia L. Taft Jan 1976

Federal "Going Private" Standards: A New Direction For The Second Circuit?, Claudia L. Taft

Fordham Law Review

No abstract provided.


The New York Juvenile Justice Reform Act Of 1976: Restrictive Placement―An Answer To The Problem Of The Seriously Violent Youth?, Margaret Holihan Jan 1976

The New York Juvenile Justice Reform Act Of 1976: Restrictive Placement―An Answer To The Problem Of The Seriously Violent Youth?, Margaret Holihan

Fordham Law Review

No abstract provided.


In Search Of Justice Black's Fourth Amendment , Jacob W. Landynski Jan 1976

In Search Of Justice Black's Fourth Amendment , Jacob W. Landynski

Fordham Law Review

No abstract provided.


Security Interests In Insurance Payments On Destroyed Collateral As Proceeds And Their Priority Under The Federal Tax Lien Act Of 1966, Theodore N. Farris Jan 1976

Security Interests In Insurance Payments On Destroyed Collateral As Proceeds And Their Priority Under The Federal Tax Lien Act Of 1966, Theodore N. Farris

Fordham Law Review

No abstract provided.


Judicial Maelstrom In Federal Waters: A Composite Interpretation Of The Federal Water Pollution Control Act Amendments Of 1972, Randall H. Jensen Jan 1976

Judicial Maelstrom In Federal Waters: A Composite Interpretation Of The Federal Water Pollution Control Act Amendments Of 1972, Randall H. Jensen

Fordham Law Review

No abstract provided.


The Small Tax Case Procedure: How It Works--Does It Work?, Christopher J. Badum Jan 1976

The Small Tax Case Procedure: How It Works--Does It Work?, Christopher J. Badum

Fordham Urban Law Journal

In 1968 the section of Taxation of the American Bar Association proposed an amendment to the Internal Revenue Code of 1954 to provide for a small claims division in the United States Tax Court. Such a division was thought to be a necessary alternative to the often expensive and time consuming tax litigation procedure in the Tax Court, the Court of Claims, and the district court. Congress adopted the proposal and it was incorporated into the Tax Reform Act of 1969. This Note will discuss the proceedings of bringing suit in the Small Tax Case Division and will propose ways …


Redlining: Remedies For Victims Of Urban Disinvestment, Edward W. Larkin Jan 1976

Redlining: Remedies For Victims Of Urban Disinvestment, Edward W. Larkin

Fordham Urban Law Journal

This note discusses the practice of redlining, sometimes referred to as "urban disinvestment," which involves the refusal by lending institutions to provide home mortgage loans or home improvement loans to certain geographical areas or the inclusion of particularly burdensome terms or conditions on the loans. The note analyzes the possible effects of redlining, such as neighborhood deterioration, decline of communities, and the deprivation of the benefits of homeownership, especially as these effects pertain to minority groups. The note then examines the legal alternatives open to victims of redlining, including sections of the Civil Rights Acts of 1866, 1964, and 1968, …


Elimination Of Arbitrary Automobile Stops: Theory And Practice, Gary D. Stumpp Jan 1976

Elimination Of Arbitrary Automobile Stops: Theory And Practice, Gary D. Stumpp

Fordham Urban Law Journal

The authority of the police to enforce the statutory restrictions governing vehicle and traffic laws has often been considered to be concomitant with a right to stop motorists arbitrarily to determine their compliance. Recently, some courts have eroded this power, to protect the constitutional rights guaranteed to individuals under the fourth amendment. In their consideration of these arbitrary automobile stops, the courts have utilized a balancing process. They consider the state interest in promoting public safety on the highways through the guaranteed enforcement of the relevant laws, as well as the duty of the police to detect and control crime. …


Towards A Constitutional Right To Counsel In Matrimonial Litigation, Gary R. Matano Jan 1976

Towards A Constitutional Right To Counsel In Matrimonial Litigation, Gary R. Matano

Fordham Urban Law Journal

The marriage institution is the basic unit in the anatomical composition of American society as it exists today. The right to marry and the right to divorce when marriage fails have long been held in the highest esteem by our nation's courts. But some citizens of the State of New York are judicially denied the right to terminate their marriages because they are indigents. The court has denied indigents their requested assignments of counsel when the assistance of counsel was unquestionably necessary for prospective matrimonial litigants. The first problem posed by that holding is that it operates as a virtual …


Derivative Suits: Director Demand Under Rule 23.1 And Section 36(B) Of The Investment Company Act, Archie E. Williams, Jr. Jan 1976

Derivative Suits: Director Demand Under Rule 23.1 And Section 36(B) Of The Investment Company Act, Archie E. Williams, Jr.

Fordham Urban Law Journal

In 1882, the Supreme Court first established the conditions precedent to an ordinary derivative action by the shareholders of a corporation. Now after over nine decades of common law development, the present conditions are embodied in Rule 23.1 of the Federal Rules of Civil Procedure. Of relatively recent interest, however, is the relationship between that Rule and section 36(b) of the Investment Act of 1940 (Act), which authorizes a derivative action by the shareholders of a registered investment company. This Note will focus on one aspect of that relationship--the requirement that a plaintiff make a demand upon the corporation's directors …


The Legality Of The Rozelle Rule And Related Practices In The National Football League, Donald Novick Jan 1976

The Legality Of The Rozelle Rule And Related Practices In The National Football League, Donald Novick

Fordham Urban Law Journal

Traditional rules designed to control player movement within the National Football League (NFL) have recently been challenged in two federal district courts. In Kapp v. NFL Judge Sweigert concluded that these rules constitute a violation of the antitrust laws. In Mackey v. NFL Judge Larson held that the Rozelle Rule is in violation of the antitrust laws. A prospective NFL player must sign a contract that contains an option clause which gives the employing team the right to renew a player's contract for one year beyond the time stipulated in the contract, at a compensation rate of 90% of the …


Restoring The Balance: The Second Amendment Revisited, David I. Caplan Jan 1976

Restoring The Balance: The Second Amendment Revisited, David I. Caplan

Fordham Urban Law Journal

In this article, the Second Amendment is analyzed through a discussion of the history of the right to private arms under English common law, the Second Amendment's legislative history and context, and the United States Supreme Court's decision in United States v. Miller. The articles argues that the private right of keeping arms plays a fundamental role in the constitutional system of checks and balances and that the Second Amendment supports the twin goals of individual and collective defense against violence and aggression. The article concludes that efforts to limit firearms possession to the organized militia undermines these twin goals …


Infants - Foster Families - Remove Of Foster Children From Foster Homes Without A Prior Hearing Violates Their Constitutional Rights To Procedural Due Process, Andrea G. Iason Jan 1976

Infants - Foster Families - Remove Of Foster Children From Foster Homes Without A Prior Hearing Violates Their Constitutional Rights To Procedural Due Process, Andrea G. Iason

Fordham Urban Law Journal

This case note examines the decision of the United States District Court for the Southern District of New York in Organization of Foster Familines for Equality and Reform v. Dumpson, 418 F. Supp. 277 (S.D.N.Y. 1976), which held that the removal of foster children from foster homes in which they had been living for more than one year, without a prior hearing, violated their constitutional rights to procedural due process. The court reaffirmed the concept that a child is a person under the fourteenth amendment with protected interests, such as the preference to live in a certain home, and that …