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Articles 7831 - 7860 of 8566
Full-Text Articles in Entire DC Network
Timely Revocation Hearings For Criminal Violations Of Parole, Ellen M. Martin
Timely Revocation Hearings For Criminal Violations Of Parole, Ellen M. Martin
Fordham Law Review
No abstract provided.
The Magnuson-Moss Warranty Act: Making Consumer Product Warranty A Federal Case, Robert C. Denicola
The Magnuson-Moss Warranty Act: Making Consumer Product Warranty A Federal Case, Robert C. Denicola
Fordham Law Review
FOR many Americans the most recent anniversary of the nation's independence was little more than a prelude to the forthcoming Bicentennial. For American businessmen, however, the 199th anniversary was significant in its own right. On July 4, 1975, the Magnuson-Moss Warranty Act went into effect, having been signed by President Ford six months earlier. A supporter has described the Act as "one of the most important pieces of consumer protection legislation considered by Congress since the Federal Trade Commision Act itself was passed in 1914." This characterization should not be dismissed as mere partisan rhetoric. The Act may indeed have …
Double Jeopardy: Discretion Of A Trial Judge To Decalre A Mistrial On The Basis Of A Hung Jury, Ephraim Savitt
Double Jeopardy: Discretion Of A Trial Judge To Decalre A Mistrial On The Basis Of A Hung Jury, Ephraim Savitt
Fordham Law Review
No abstract provided.
The Indigent's "Right" To Counsel In Civil Cases, Alan Jay Stein
The Indigent's "Right" To Counsel In Civil Cases, Alan Jay Stein
Fordham Law Review
No abstract provided.
Deceptive Advertising, Ftc Fact Finding And The Seventh Amendment, Christine C. Franklin
Deceptive Advertising, Ftc Fact Finding And The Seventh Amendment, Christine C. Franklin
Fordham Law Review
No abstract provided.
Techniques And Antitrust Aspects Concerning Foreign Entry, Stephen M. Axinn
Techniques And Antitrust Aspects Concerning Foreign Entry, Stephen M. Axinn
Fordham Law Review
No abstract provided.
Comment: Desegregation -- The Times They Are A-Changin', Larry M. Storm
Comment: Desegregation -- The Times They Are A-Changin', Larry M. Storm
Fordham Urban Law Journal
Courts are currently concerned over the extent of their powers to integrate racially separate housing and schools within metropolitan areas containing black inner cities and white suburbs. This Comment reviews the jurisprudence addressing when it is a proper exercise of a court's equity jurisdiction to fashion a metropolitan or interdistrict remedial order in which the city and its surrounding suburbs are treated as one system. The Comment focuses on the recent Supreme Court decision in Milliken v. Bradley, in which the Court reversed a decision of the Sixth Circuit Court of Appeals which upheld the district court's power to order …
Federal Employee Is Entitled To Trial De Novo On Employment Discrimination Claim And Not Merely Judicial Review Of Agency Record. Hackley V. Roudebush, 520 F.2d 108 (D.C. Cir. 1975)., James C. Mcmahon, Jr.
Federal Employee Is Entitled To Trial De Novo On Employment Discrimination Claim And Not Merely Judicial Review Of Agency Record. Hackley V. Roudebush, 520 F.2d 108 (D.C. Cir. 1975)., James C. Mcmahon, Jr.
Fordham Urban Law Journal
Ralph Hackley, an African American, was employed as an investigator within the Veteran Administration's Investigation and Security Service Division. He had served for one year at the GS-12 level when he was denied promotion. Hackley complained that this denial was based solely upon his race. The charge was investigated and he was afforded a hearing before a complaints examiner, who ruled that there had been no discrimination. This finding was adopted by the Veteran's Administration. Upon appeal, the Board of Appeals and Review of the Civil Service Commission affirmed. Having thus exhausted his administrative remedies, plaintiff commenced a civil action …
The New Equal Protection- Substantive Due Process Resurrected Under A New Name, Barbara Brenneman
The New Equal Protection- Substantive Due Process Resurrected Under A New Name, Barbara Brenneman
Fordham Urban Law Journal
This Note analyzes the Fifth Circuit's recent decision in David v. Weir, in which a tenant whose water supply was terminated without notice by the City of Atlanta Department of Public Works because of his landlord's failure to pay an outstanding bill, alleged that the Department's termination policy, authorized by city ordinances, and its refusal to contract with the plaintiff until the landlord's debts were paid, violated the equal protection and due process clauses of the United States Constitution. The Fifth Circuit found that the Department's action violated equal protection because it divided applicants for service into two classes: those …
Book Review: Urban Incentive Tax Credits, By Edward M. Meyers And John J. Musial, Phillip Weitzman
Book Review: Urban Incentive Tax Credits, By Edward M. Meyers And John J. Musial, Phillip Weitzman
Fordham Urban Law Journal
The authors of this book propose a tax credit to all individuals and businesses who reside within depressed cities, in an effort to reverse the exodus of middle and upper income individuals from the central cities and induce businesses to undertake new investment within the city. The reviewer observes that there are technical errors and gaps in the authors' analysis, but that the most serious problem is with the general principles underlying their approach. He argues that it is unlikely that the proposed tax credits would actually have the intended effect of revitalizing depressed inner city areas.
Neighborhood Preservation In New York City, Phillip Weitzman
Neighborhood Preservation In New York City, Phillip Weitzman
Fordham Urban Law Journal
The push to the suburbs, financed in large part by federal mortgage guarantees and highway construction moneys and bolstered by exclusionary zoning, has generated forces which tend to leave old urban neighborhoods in shambles. The syndrome of housing deterioration is well known. The dilemma of the deteriorating neighborhood is heightened in a city such as New York, where a large proportion of its population lives in old multiple family buildings. After almost forty years marked by a succession of programs designed to eliminate slums and blighted areas, New York City has concluded that its older neighborhoods must be protected from …
Reletting The Abandoned Or Defaulted Public Works Project In New York- To Bid Or Not To Bid?, Bruce J. Bergman
Reletting The Abandoned Or Defaulted Public Works Project In New York- To Bid Or Not To Bid?, Bruce J. Bergman
Fordham Urban Law Journal
The general requirement that contracts for public works be let pursuant to advertisements for bids to the lowest responsible bidder has long been the law in New York and other jurisdictions. After determining that the mandatory statutory pronouncements apply to a particular contract, there is an entire "second level" problem of the propriety of bids and the awarding of the contract pursuant thereto. Suppose a contractor has defaulted or abandoned a valid public works contract. Must the public entity now readvertise for bids for the completion of the work? The answer in most instances is "no," and this raises the …
Deceptive Practices In The Marketplace: Consumer Protection By New York Government Agencies, William F. Mulroney
Deceptive Practices In The Marketplace: Consumer Protection By New York Government Agencies, William F. Mulroney
Fordham Urban Law Journal
The past several years have witnessed considerable growth in the power and number of New York governmental consumer protection agencies. New and potent statutory powers have been granted to the Attorney General. At the local level, cities, counties, and towns have created consumer agencies and granted many of them enforcement and rulemaking powers. Legislation on all levels of state government regulates an increasing number of commercial activities for the protection of consumers. That legislation has likewise led to greater cooperation among state and local consumer agencies. This Comment will examine the structures and powers of the various New York State …
The New York City Housing Receivership And Community Management Programs, Mark Grossman
The New York City Housing Receivership And Community Management Programs, Mark Grossman
Fordham Urban Law Journal
Each year New York City landlords abandon buildings containing an estimated 10,000 apartments, forcing tenants to leave as the ownerless buildings plunge into decay. At least half of these buildings are structurally solid and might last several more decades if not abandoned. Most are found in areas where "problem" buildings- buildings which have a potential for abandonment- will most likely be found. New York City has instituted a number of programs for dealing with buildings which are headed toward abandonment. They include code-enforcement, emergency repair and receivership programs, foreclosure for nonpayment of property taxes, and rehabilitation programs involving municipal loans, …
Pre-Trial Detainees Must Be Held Under The Least Restrictive Means Possible To Assure The Detainees' Presence At Trial. Rhem V. Malcolm, 371 F. Supp. 594, Opinion Supplemented, 377 F. Supp. 995 (S.D.N.Y.), Aff'd, 507 F.2d 333 (2d Cir. 1974)., Todd L. Klipp
Fordham Urban Law Journal
Plaintiffs, detainees at the Manhattan House of Detention for Men (MHD), more commonly known as the "Tombs," brought suit for declaratory and injunctive relief against the Commissioner of Corrections of the City of New York, the warden, the mayor, and various state officials. Plaintiffs alleged that the conditions of their detention constituted a denial of their rights under the first, fifth, sixth, eighth, and fourteenth amendments. The United States District Court for the Southern District of New York found unconstitutional conditions did exist and ordered the city to submit a plan within thirty days to remedy the constitutional infirmities. Six …
A Legal History Of Expense Budgeting In New York City, Archibald F. Robertson, Lucian A. Vecchio
A Legal History Of Expense Budgeting In New York City, Archibald F. Robertson, Lucian A. Vecchio
Fordham Urban Law Journal
An examination of the history of budget-making in the City of New York will show that the City has never operated from a sound, comprehensive budget system. That does not mean that the City has proceeded irresponsibly, or without regulation. Statutes to control the budget have existed in New York City since at least the beginning of the nation itself. And, most commendably, those very first statutes show a proper concern by the City for the needs of all its citizens. The difficulty has been, rather, the lack of a comprehensively drafted body of law to handle, as an integrated …
Copyright: Moral Right--A Proposal, Joseph B. Valentine
Copyright: Moral Right--A Proposal, Joseph B. Valentine
Fordham Law Review
No abstract provided.
Federal Equitable Relief In Matters Collateral To State Criminal Proceedings, Kenneth F. Khoury
Federal Equitable Relief In Matters Collateral To State Criminal Proceedings, Kenneth F. Khoury
Fordham Law Review
No abstract provided.
Tax Aspects Of The Pension Reform Act Of 1974, Jeanne Cullinan Ray
Tax Aspects Of The Pension Reform Act Of 1974, Jeanne Cullinan Ray
Fordham Urban Law Journal
The Employee Retirement Income Security Act of 1974 (commonly known as the Pension Reform Act and sometimes cited as ERISA) introduced a massive set of new rules for the private pension plan system. Many sections of the Pension Reform Act- such as those dealing with participation, vesting, funding, joint and survivor annuity payments, and the prohibitions against self-dealing- are treated in both the labor law and tax law provisions of the Act. This article concentrates on highlighting those sections of the Act which are treated exclusively in the tax law provisions- namely, those dealing with HR-10 and Subchapter S restrictions, …
Comment: The New York City Housing Part: New Remedy For An Old Dilemma, Dennis E. Milton
Comment: The New York City Housing Part: New Remedy For An Old Dilemma, Dennis E. Milton
Fordham Urban Law Journal
This Comment describes the practical operation of the Housing Part of the Civil Court of the City of New York, which began its operation October 1, 1973. The jurisdiction of the court as well as the remedies and penalties provided in the enabling legislation are outlined. The duties of its personnel, settlement procedures, and the influence of administrative agencies upon the operation of the Housing Part are also examined, as are several cases affecting the operation of the Housing Part. The author concludes that there have been many beneficial effects from the first year of operation of the Housing Part, …
Case Note: Administrative Law- Renegotiation Board V. Bannercraft Clothing, Co., 415 U.S. 1 (1974), James P. Donahue, Jr.
Case Note: Administrative Law- Renegotiation Board V. Bannercraft Clothing, Co., 415 U.S. 1 (1974), James P. Donahue, Jr.
Fordham Urban Law Journal
This Case Note analyzes the Supreme Court's recent decision in Renegotiation Board v. Bannercraft Clothing Co., which held that the Freedom of Information Act could not be used to interfere with a Renegotiation Board proceeding prior to termination of its administrative hearings and all further administrative remedies.
Case Note: Criminal Law - Parole - State Board Of Parole Must Issue Statement Of Reasons For Denial Of Parole. United States Ex Rel. Johnson V. Chairman, New York State Board Of Parole, 500 F.2d 925 (2d Cir. 1974), William B. Smith
Fordham Urban Law Journal
This Case Note analyzes the Second Circuit's decision in United States ex rel. Johnson v. Chairman, New York State Board of Parole, which held that due process considerations required the Board to issue a statement giving its reasons for denial of parole, both as a guide for the prisoner's rehabilitative efforts and as an enduring record for possible appellate review.
Book Review: Heroin Addiction In Britain--What Americans Can Learn From The English Experience, Gerald T. Mclaughlin
Book Review: Heroin Addiction In Britain--What Americans Can Learn From The English Experience, Gerald T. Mclaughlin
Fordham Urban Law Journal
This book takes the reader step by step through the history of British heroin maintenance--trying to separate myth from reality. The book does not fully answer whether this British clinic system of dispensing heroin to proven addicts has led to decreased levels of addiction, but does forcefully demonstrate that heroin maintenance in Britain has not led to a heroin epidemic. The reviewer concludes that the book is an excellent reportorial analysis of the British heroin system as well as the British reaction to American drug policy.
The Limits Of Corporate Responsibility. By Neil W. Chamberlain. New York: Basic Books, Inc. 1973. Pp. 236. $10.00., Stephen A. Block
The Limits Of Corporate Responsibility. By Neil W. Chamberlain. New York: Basic Books, Inc. 1973. Pp. 236. $10.00., Stephen A. Block
Fordham Urban Law Journal
This book is a chronicle of past and a prediction of future corporate survival through the furtherance of the consumerist philosophy. Professor Chamberlain discusses (although all too briefly) how corporations have inculcated in American society the materialism that is its principal motivating force and how that value, feeding on itself and thereby forging an alliance of mutual need between the corporate structure and the American people, has created the situation described in the above quotation. He also analyzes the impact of this philosophy on various aspects of corporate and noncorporate life, from the corporation's relationship with its employees to that …
Federal Magistrates And The Implications Of Consensual References, Eileen J. Mccabe
Federal Magistrates And The Implications Of Consensual References, Eileen J. Mccabe
Fordham Urban Law Journal
The significance of the magistrate in the efficient operation of the federal court system makes it important to analyze the extent of the magistrate's powers as well as the limitations placed thereon. This note will examine the matters which may properly be referred to a magistrate and the standard of review which is used when the magistrate's decision goes before the district court. A major consideration in this discussion will be whether parties, by their consent, can expand the scope of magistrate's powers.
Economic Tipping: An Approach To A Balanced Neighborhood, Frank J. Allocca
Economic Tipping: An Approach To A Balanced Neighborhood, Frank J. Allocca
Fordham Urban Law Journal
In the recent decision of Trinity Episcopal School Corp. v. Romney, a court, for the first time, was confronted with a proposal to apply a "tipping" standard solely on the basis of income, rather than racial grounds. The case involved a group of middle-income residents seeking to enjoin the State and City of New York, as well as the Department of Housing and Urban Development (HUD) from increasing an area's low-income population through the building of various housing projects. "Tipping" has been defined as "that point at which a set of conditions has been created that will lead to the …
State Evidentiary Privileges In Federal Civil Litigation, Martin I. Kaminsky
State Evidentiary Privileges In Federal Civil Litigation, Martin I. Kaminsky
Fordham Law Review
No abstract provided.
Trademark Registration Under Sections 2(A) And 2(E) Of The Lanham Act: The Deception Decision, Kenneth B. Germain
Trademark Registration Under Sections 2(A) And 2(E) Of The Lanham Act: The Deception Decision, Kenneth B. Germain
Fordham Law Review
No abstract provided.