Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Fordham Law School

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 7801 - 7830 of 8566

Full-Text Articles in Entire DC Network

Commitment Of Sexual Psychopaths And The Requirements Of Procedural Due Process, Peter Sullivan Jan 1976

Commitment Of Sexual Psychopaths And The Requirements Of Procedural Due Process, Peter Sullivan

Fordham Law Review

No abstract provided.


The Constitutionality Of Sodomy Statutes, James J. Rizzo Jan 1976

The Constitutionality Of Sodomy Statutes, James J. Rizzo

Fordham Law Review

No abstract provided.


A Critique Of Lawyers' Ethics In An Adversary System, William R. Meagher Jan 1976

A Critique Of Lawyers' Ethics In An Adversary System, William R. Meagher

Fordham Urban Law Journal

Monroe Freedman’s book is largely a reiteration of his unorthodox views, previously aired in various law reviews and other professional publications, regarding ethical standards that should govern the conduct of the trial advocate. Since his positions contradict the behavioral principles codified in two publications of the American Bar Association—the Code of Professional Responsibility and the Standards Relating to the Defense Function—the author adopts the apologetic strategy of impugning both the credibility and the viability of these precepts in order to justify his contrary stance and to clear the way for its general acceptance.


Selecting A Remedy For Private Racial Discrimination: Statutes In Search Of Scope, John M. Peterson Jan 1976

Selecting A Remedy For Private Racial Discrimination: Statutes In Search Of Scope, John M. Peterson

Fordham Urban Law Journal

Racial discrimination in the United States has been effectively attacked in both the legislatures and the courts for over a hundred years. Enslavement of blacks in the American South prompted adoption of the thirteenth amendment and the Reconstruction Civil Rights Acts enacted pursuant to the amendment’s enabling clause. These laws sought primarily to elevate the status of the black freedman by granting him rights equal to those enjoyed by white citizens. The most far-reaching of these statutes is 42 U.S.C. § 1981, derived from the Civil Rights Act of 1866, which insures to all persons the same right to make …


Speedy Trials: Recent Developments Concerning A Vital Right, Stephen F. Chepiga Jan 1976

Speedy Trials: Recent Developments Concerning A Vital Right, Stephen F. Chepiga

Fordham Urban Law Journal

Historically, Anglo-American law has jealously guarded the right of an accused to have a speedy trial in a criminal prosecution. It is extended to defendants in federal cases by the sixth amendment to the Constitution. Through incorporation into the fourteenth amendment, the protection is likewise available to defendants in state prosecutions. Notwithstanding constitutional provisions and Supreme Court decisions, the concept of a speedy trial has always been ambiguous. Until recent times it has been considered a matter that could only be defined in the context of the special circumstances of individual cases. The right was said to be “consistent with …


New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning Jan 1976

New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning

Fordham Urban Law Journal

Virtually every member of the urban community is a party to a landlord-tenant relationship. As the general tenor of urban life in America changes, so must the laws which govern the urban dweller. For years the doctrine of caveat emptor prevented the tenant from forcing the landlord to make necessary repairs or to retain the leased premises in a habitable condition. The doctrine of constructive eviction afforded him little relief; and housing and sanitation codes, while achieving a measure of success, were generally ineffective. Only when conditions because unbearable did the law protect him. Increasingly, however, the trend has been …


Criminal Law--Rape--Cautionary Instruction In Sex Offense Trial Relating Prosecutrix's Credibility To The Nature Of The Crime Charged Is No Longer Mandatory; Discretionary Use Is Disapproved Jan 1976

Criminal Law--Rape--Cautionary Instruction In Sex Offense Trial Relating Prosecutrix's Credibility To The Nature Of The Crime Charged Is No Longer Mandatory; Discretionary Use Is Disapproved

Fordham Urban Law Journal

Defendant was convicted of rape, oral copulation, and attempted sodomy in Superior Court, Los Angeles County. The case against him rested predominantly on the testimony of his adult victim, partially corroborated as to identity by a scratch on defendant’s forehead, and further substantiated by defendant’s “if I did it I was drunk” admission to the police. The defendant appealed alleging error by the trial judge for failing to give a mandatory cautionary instruction. The California Supreme Court held that because the defendant was entitled to the cautionary instruction the trial judge had committed error in refusing to give it. Such …


The National School Lunch Act: An Unfulfilled Mandate, Joseph Degiuseppe, Jr. Jan 1976

The National School Lunch Act: An Unfulfilled Mandate, Joseph Degiuseppe, Jr.

Fordham Urban Law Journal

For the past thirty years, the National School Lunch Act (Act) has attempted to advance two objectives; the preservation of the health and well-being of the nation's youth and the encouragement of domestic consumption of agriculture commodities. The Act provides for aid to state educational agencies that elect to participate in the National School Lunch Program (NSLP). The national standard for eligibility for free lunches is governed by 42 U.S.C. 1758. It is unclear whether the language of section 1758 which states "[l]unches served by schools participating in the school-lunch program," applies to individual participating schools or entire school districts …


The Limits Of State Intervention In A Municipal Fiscal Crisis, Joel E. Cohen Jan 1976

The Limits Of State Intervention In A Municipal Fiscal Crisis, Joel E. Cohen

Fordham Urban Law Journal

Municipal fiscal crises are becoming more frequent, causing the tradition of local control to be questioned. The problems plaguing New York City are but one example of this nation-wide trend. In order to aid the City in overcoming its fiscal crisis, New York State has created two novel agencies, the Municipal Assistance Corporation (MAC) and the Emergency Financial Control Board. MAC's major purpose is to aid the city in meeting its financial requirements, while the Control Board's main function is to monitor the City's spending. One accomplishment of these two organizations has been the implementation of drastic austerity measures that …


Fcc Broadcast Standards For Ascertaining Community Needs, Arthur P. Deluca Jan 1976

Fcc Broadcast Standards For Ascertaining Community Needs, Arthur P. Deluca

Fordham Urban Law Journal

This comment examines: (1) the history of the ascertainment procedures, including the function of the original Primer; (2) the effect of the Renewal Primer amendments on the ascertainment procedures; and (3) the significance of the Bamford cases in light of the treatment of badly-organized groups under prior ascertainment procedures, and in light of the issuance of the Renewal Primer. The comment argues that the Primer's purpose of increasing the responsiveness of a broadcast applicant to the needs of its proposed service area has improved the situation for the more organized significant groups, such as minority groups, but its effectiveness as …


Civil Rights - Housing Discrimination - Federal Courts May Order Metropolitan Area Remedy To Correct Wrongs Committed Solely Against City Residents Where Agencies Have Statutory Authority To Conduct Activities Outside The City Limits, Andres J. Valdespino Jan 1976

Civil Rights - Housing Discrimination - Federal Courts May Order Metropolitan Area Remedy To Correct Wrongs Committed Solely Against City Residents Where Agencies Have Statutory Authority To Conduct Activities Outside The City Limits, Andres J. Valdespino

Fordham Urban Law Journal

This case note examines the United States Supreme Court's decision in Hills v. Gautreaux, 96 S. Cy. 1538 (1976), specifically the approval of a metropolitan area remedy as a valid form of federal relief. The case resulted from a class action suit against the Chicago Housing Authority (CHA) and the Department of Housing and Urban Development (HUD), alleging racially discriminatory public housing policies and practices. Although violations of the Fourteenth Amendment occurred within the Chicago city limits, the Supreme Court held that a metropolitan remedy which included the surrounding areas outside of the city boundaries was valid and that Milliken …


Quality Advocacy And The Code Of Professional Responsibility, The Attorney-Client Relationship And The Code Of Professional Responsibility: Suggested Attorney Liability For Breach Of Duty To Disclose Fraud To The Securities Exchange Commission, Alan C. Myers Jan 1976

Quality Advocacy And The Code Of Professional Responsibility, The Attorney-Client Relationship And The Code Of Professional Responsibility: Suggested Attorney Liability For Breach Of Duty To Disclose Fraud To The Securities Exchange Commission, Alan C. Myers

Fordham Law Review

The imposition of increased obligations and liabilities on securities lawyers threatens not onlly the attorney, but the quality of his representation as well. Alan Myers examines the possible consequences of the current expansion of liability, and suggests what the securities lawyer's obligations and liabilities should be under DR 7-102(B)(1) and DR 101(C)(3) of the Code of Professional Responsibility.


Recent Developments Jan 1976

Recent Developments

Fordham Law Review

No abstract provided.


The Eigth Amendment And Prison Conditions: Shocking Standards And Good Faith, Richard J. Dunn Jan 1976

The Eigth Amendment And Prison Conditions: Shocking Standards And Good Faith, Richard J. Dunn

Fordham Law Review

No abstract provided.


Due Process In Civil Contempt Proceedings: A Comparison With Juvenile And Mental Incompetency Requirements, William A. Austin Jan 1976

Due Process In Civil Contempt Proceedings: A Comparison With Juvenile And Mental Incompetency Requirements, William A. Austin

Fordham Law Review

No abstract provided.


Conflict Between The Judiciary And The Legislature In School Desegregation, Edward P. Meyers Jan 1976

Conflict Between The Judiciary And The Legislature In School Desegregation, Edward P. Meyers

Fordham Law Review

No abstract provided.


The Tender Trap: State Takeover Statutes And Their Constitutionality, Diane S. Wilner, Craig A. Landy Jan 1976

The Tender Trap: State Takeover Statutes And Their Constitutionality, Diane S. Wilner, Craig A. Landy

Fordham Law Review

No abstract provided.


Free Exercise Of Religion In Prisons―The Right To Observe Dietary Laws, Andrea Bernstein Jan 1976

Free Exercise Of Religion In Prisons―The Right To Observe Dietary Laws, Andrea Bernstein

Fordham Law Review

No abstract provided.


Appellate Review Of Federal Youth Corrections Act Sentences In The Aftermath Of Dorszynski V. United States, Catherine A. Foddai Jan 1976

Appellate Review Of Federal Youth Corrections Act Sentences In The Aftermath Of Dorszynski V. United States, Catherine A. Foddai

Fordham Law Review

No abstract provided.


Public School Searches And Seizures, Doreen S. Stolzenberg Jan 1976

Public School Searches And Seizures, Doreen S. Stolzenberg

Fordham Law Review

No abstract provided.


Estoppel Against The Government: Have Recent Decisions Rounded The Corners Of The Agent's Authority Problem In Federal Procurements? , Alan I. Saltman Jan 1976

Estoppel Against The Government: Have Recent Decisions Rounded The Corners Of The Agent's Authority Problem In Federal Procurements? , Alan I. Saltman

Fordham Law Review

No abstract provided.


The Impact Of Policy On Federal Standing, Henry Pitman Jan 1976

The Impact Of Policy On Federal Standing, Henry Pitman

Fordham Law Review

No abstract provided.


Recent Developments Jan 1976

Recent Developments

Fordham Law Review

No abstract provided.


The Advocate, The Advocate, Fordham Law School Mar 1975

The Advocate, The Advocate, Fordham Law School

The Advocate

Birnbaum Takes Leave to Teach at NYU Law; McG Slate Sweeps SBA; 700 Students Go to Polls; Advocate Names Wallace Editor-in-Chief for '75-76


The Advocate, The Advocate, Fordham Law School Mar 1975

The Advocate, The Advocate, Fordham Law School

The Advocate

Lexis Rules Make Student Use Top Priority; Kaufman Teams Chosen;


Examination Of The First Implementation Of Section Two Of The Twenty-Fifth Amendment: Hearing On S.J. Res.26 Before The Subcommittee On Constitutional Amendments Of The Committee Of The Judiciary, Senate, 94th Congress, Subcommittee On Constitutional Amendments; Committee On The Judiciary. Senate. United States. Feb 1975

Examination Of The First Implementation Of Section Two Of The Twenty-Fifth Amendment: Hearing On S.J. Res.26 Before The Subcommittee On Constitutional Amendments Of The Committee Of The Judiciary, Senate, 94th Congress, Subcommittee On Constitutional Amendments; Committee On The Judiciary. Senate. United States.

Congressional Materials

Examines effectiveness of Twenty-Fifth Amendment in providing for presidential succession and vacancies in the office of the Vice President.


The Advocate, The Advocate, Fordham Law School Feb 1975

The Advocate, The Advocate, Fordham Law School

The Advocate

Three Slates Compete for SBA Offices; FLS Phonothon Seeks $ for Special Projects; Bomb Threat Raises Question of School's Safety Measures


John F. Sonnett Memorial Lecture Series: The Compleat Advocate: Continuing The Dialogue On The Making Of The Trial Lawyer, John Widgery Jan 1975

John F. Sonnett Memorial Lecture Series: The Compleat Advocate: Continuing The Dialogue On The Making Of The Trial Lawyer, John Widgery

Lectures

Lecture by Lord Widgery, Lord Chief Justice John Widgery of England and Wales (1971-1980), regarding the beneficial aspects of medical knowledge to lawyers working as client advocates. Includes speaker introduction.


Promissory Estoppel As A Means Of Defeating The Statute Of Frauds, Jeffrey G. Steinberg Jan 1975

Promissory Estoppel As A Means Of Defeating The Statute Of Frauds, Jeffrey G. Steinberg

Fordham Law Review

No abstract provided.


Recent Developments Jan 1975

Recent Developments

Fordham Law Review

No abstract provided.