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Fordham Law School

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The Advocate, The Advocate, Fordham Law School Oct 1973

The Advocate, The Advocate, Fordham Law School

The Advocate

On Prisons; Why Do We Punish Those Who Break the Law?; The Case of Ralph G


The Advocate, The Advocate, Fordham Law School Mar 1973

The Advocate, The Advocate, Fordham Law School

The Advocate

Urban Law Journal Lives; New S.B.A. .Slate Elected; Gold.man Says Placement, Outlook Favorable; Ethics Lectures Begin March 20; Day in the Life of Law Student


Case Notes Jan 1973

Case Notes

Fordham Law Review

No abstract provided.


Case Notes Jan 1973

Case Notes

Fordham Law Review

No abstract provided.


An American Tragedy: The Supreme Court On Abortion, Robert M. Byrn Jan 1973

An American Tragedy: The Supreme Court On Abortion, Robert M. Byrn

Fordham Law Review

No abstract provided.


Abortion On Demand In A Post-Wade Context: Must The State Pay The Bills? Jan 1973

Abortion On Demand In A Post-Wade Context: Must The State Pay The Bills?

Fordham Law Review

No abstract provided.


Restitution In A Contractual Context, Joseph Perillo Jan 1973

Restitution In A Contractual Context, Joseph Perillo

Faculty Scholarship

No abstract provided.


Uncertain Rule Of Certainty: An Analysis And Proposal For A Federal Evidence Rule, The , Michael M. Martin Jan 1973

Uncertain Rule Of Certainty: An Analysis And Proposal For A Federal Evidence Rule, The , Michael M. Martin

Faculty Scholarship

Two characteristic principles of Anglo-American evidence law are the requirement that witnesses testify only to their personal observations (the "first-hand knowledge" rule) and the prohibition against witnesses testifying to their inferences (the "opinion" rule). However, a longstanding exception to these principles permits witnesses possessed of skill or learning to draw inferences, often from facts they have not personally observed. Because such expert opinion testimony is exceptional, it is hedged about with various restrictions in addition to those such as relevancy which apply to all testimony. The predicate for admission of expert opinion testimony generally consists of two elements. First, the …


Pointing The Way To Housing Quality, Alexander Cooper, Michael Kwartler, Charles Reiss Jan 1973

Pointing The Way To Housing Quality, Alexander Cooper, Michael Kwartler, Charles Reiss

Fordham Urban Law Journal

This article highlights the Urban Design Council's goals of promoting the highest economically feasible standard of quality in residential housing and seeking to stimulate beneficial development in cities. The article describes the current zoning plan in effect in New York City, proposes new approaches to improve housing quality by exploring the elements of "quality" and zoning as a means of achieving such quality housing.


Criminal Responsibility Of The Addict: Conviction By Force Of Habit, Michael R. Diamond Jan 1973

Criminal Responsibility Of The Addict: Conviction By Force Of Habit, Michael R. Diamond

Fordham Urban Law Journal

This article addresses questions of criminal responsibility of drug addicts in light of Robinson v. California, holding criminal sanctions for a status of drug addiction to be unconstitutional under the eighth amendment. The article evaluates key court cases relating the insanity defense, and argues that in cases where addicts commit criminal acts as a result of drug addictions, the addict should not suffer criminal penalties but should instead be treated through rehabilitation facilities or other methods.


Books Received Jan 1973

Books Received

Fordham Urban Law Journal

Books received includes: Abortion II: Making the Revolution. By Lawrence Lader. After Conviction: A Review of the American Correction System. By Ronald L. Goldfarb and Linda R. Singer. The American Disease: Origins of Narcotic Control. By David F. Musto. City Police. By Jonathan Rubinstein. The Coming of Post-Industrial Society: A Venture in Social Forecasting. By Daniel Bell. The Eleventh Amendment and Sovereign Immunity. By Clyde E. Jacobs. Handling Consumer Credit Cases. By Barkley Clark and John R. Fonseca. Impeachment: The Constitutional Problems. By Raoul Berger. In His Own Image: The Supreme Court in Richard Nixon's America. By James F. Simon. …


The Special Skills Of Advocacy: Are Specialized Training And Certification Of Advocates Essential To Our System Of Justice?, Warren E. Burger Jan 1973

The Special Skills Of Advocacy: Are Specialized Training And Certification Of Advocates Essential To Our System Of Justice?, Warren E. Burger

Fordham Law Review

No abstract provided.


Liability Insurance--A Move To Limit The Excess Judgment Damages Award, Joseph R. Simone Jan 1973

Liability Insurance--A Move To Limit The Excess Judgment Damages Award, Joseph R. Simone

Fordham Law Review

No abstract provided.


Advertising Regulation: The Contemporary Ftc Approach, Gerald J. Thain Jan 1973

Advertising Regulation: The Contemporary Ftc Approach, Gerald J. Thain

Fordham Urban Law Journal

This article deals with the Federal Trade Commission's traditional activities of adjudication and rule-making by discussing expansion of theories of violation, standards of proof and remedies in advertising cases brought under section 5 of the FTC Act. Specifically, the article discusses pending cases and the FTC's involvement in deceptive advertising, the "Unfairness Doctrine," and the problems associated with advertising targeted at children. The article then evaluates the FTC's alternative approaches to adjudication and rule-making through its substantiation program and stance on counter-advertising.


Crime Victims' Compensation- Title I Of The Proposed Victims Of Crime Act Of 1973: An Analysis Jan 1973

Crime Victims' Compensation- Title I Of The Proposed Victims Of Crime Act Of 1973: An Analysis

Fordham Urban Law Journal

This comment analyzes and explains the major provisions of Title I of the proposed Victims of Crime Act of 1973, proposed federal legislation to compensate victims of criminal acts. The comment discusses the scope of compensation, limitations and requirements for recovery, and procedures for the disposition of claims.


Pre-Sentence Reports: Utility Or Futility? A Report Of The New York City Board Of Correction, New York City Board Of Correction Jan 1973

Pre-Sentence Reports: Utility Or Futility? A Report Of The New York City Board Of Correction, New York City Board Of Correction

Fordham Urban Law Journal

This article evaluates New York Criminal Procedure Law increasing the number of cases requiring pre-sentence investigations and reports by analyzing the consequences and benefits of pre-sentencing reports. The article focuses on the delays in the criminal justice system and urges the New York State government to undertake a comprehensive review of the criminal justice system to determine whether plea bargaining is both the most effective and efficient method of achieving the system's goals. The article then suggests interim measures to be taken to alleviate delays produced by pre-sentence investigations.


Book Reviews Jan 1973

Book Reviews

Fordham Urban Law Journal

Criminal Sentences Law Without Order by Marvin E. Frankel: This book discusses the crucial issues involved with sentencing by outlining the methods by which criminal defendants are sentenced and then offers possible remedies for improving the criminal justice system's sentencing guidelines. It addresses potential judicial incompetence with regard to sentencing, correctional facilities, and the lack of guidance in criminal codes. Super Tenant by John M. Striker and Andrew O. Shapiro: This book discusses the development and progress in the law of tenant's rights, including discussion of rent stabilization, landlord liability for tort damages, and more recent concepts such as the …


Equal Protection In Transition: An Analysis And A Proposal Jan 1973

Equal Protection In Transition: An Analysis And A Proposal

Fordham Law Review

No abstract provided.


"Interested Director's" Contracts - Section 713 Of The New York Business Corporation Law And The Fairness Test Jan 1973

"Interested Director's" Contracts - Section 713 Of The New York Business Corporation Law And The Fairness Test

Fordham Law Review

No abstract provided.


What Is A Misleading Statement Or Omission Under Rule 10b-5? , Arnold S. Jacobs Jan 1973

What Is A Misleading Statement Or Omission Under Rule 10b-5? , Arnold S. Jacobs

Fordham Law Review

No abstract provided.


Book Reviews Jan 1973

Book Reviews

Fordham Law Review

No abstract provided.


Prison: The Judge's Dilemma, Irving R. Kaufman Jan 1973

Prison: The Judge's Dilemma, Irving R. Kaufman

Fordham Law Review

No abstract provided.


In Defense Of Capital Gains, Constantine N. Katsoris Jan 1973

In Defense Of Capital Gains, Constantine N. Katsoris

Fordham Law Review

No abstract provided.


The Effectof New York Insurance Law Section 167(3) Upon Claims For Contribution And Indemnity Jan 1973

The Effectof New York Insurance Law Section 167(3) Upon Claims For Contribution And Indemnity

Fordham Law Review

No abstract provided.


Case Notes Jan 1973

Case Notes

Fordham Law Review

No abstract provided.


Religion In Politics And The Income Tax Exemption, Joel E. Davidson Jan 1973

Religion In Politics And The Income Tax Exemption, Joel E. Davidson

Fordham Law Review

No abstract provided.


The Advocate, The Advocate, Fordham Law School Nov 1972

The Advocate, The Advocate, Fordham Law School

The Advocate

Law Students Shortchanged; Financial Return To Students Minimal;


The Advocate, The Advocate, Fordham Law School Sep 1972

The Advocate, The Advocate, Fordham Law School

The Advocate

Fordham's New Face; New Placement Director, 8 Faculty Members, Assistant Dean


Section 11 Of The Securities Act: The Unresolved Dilemma Of Participating Underwriters Jan 1972

Section 11 Of The Securities Act: The Unresolved Dilemma Of Participating Underwriters

Fordham Law Review

No abstract provided.


The Art Of Frisking*, Joseph G. Cook** Jan 1972

The Art Of Frisking*, Joseph G. Cook**

Fordham Law Review

No abstract provided.