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Suits By Public Hospitals To Recover Expenditures For The Treatment Of Disease, Injury And Disability Caused By Tobacco And Alcohol, Raymond E. Gangarosa, Frank J. Vandall, Brian M. Willis Jan 1994

Suits By Public Hospitals To Recover Expenditures For The Treatment Of Disease, Injury And Disability Caused By Tobacco And Alcohol, Raymond E. Gangarosa, Frank J. Vandall, Brian M. Willis

Fordham Urban Law Journal

Public hospitals are forced to absorb many of the costs of treating indigent patients whose alcohol and tobacco consumption has predictably lead to illness. This is contradictory to hospital's own interests in preventing disease, improving the efficiency of therapy and minimizing their financial losses. The goal of this article is to examine the possibility of reassigning these coasts through litigation. A cause of action should be available to public hospitals to recover their expenditures for the uncompensated medical treatment that is necessitated by alcohol and tobacco use. Such litigation in Mississippi and similar Florida legislation should serve as a model …


No-Drop Policies In The Prosecution Of Domestic Violence Cases: Guarantee To Action Or Dangerous Solution?, Angela Corsilles Jan 1994

No-Drop Policies In The Prosecution Of Domestic Violence Cases: Guarantee To Action Or Dangerous Solution?, Angela Corsilles

Fordham Law Review

No abstract provided.


Hope For The Future: Overcoming Jurisdictional Concerns To Achieve United States Ratification Of The Convention On The Rights Of The Child, Kerri Ann Law Jan 1994

Hope For The Future: Overcoming Jurisdictional Concerns To Achieve United States Ratification Of The Convention On The Rights Of The Child, Kerri Ann Law

Fordham Law Review

No abstract provided.


No Easy Talk: South Africa And The Suppression Of Political Speech, D.S.K. Culhane Jan 1993

No Easy Talk: South Africa And The Suppression Of Political Speech, D.S.K. Culhane

Fordham International Law Journal

This article will examine the direct and indirect regulation of political speech in a chronological manner, concluding with the statutory and regulatory environment under State President Frederik W. de Klerk, the Interim Constitution and the events leading up to the watershed April elections. The direct regulation of political speech in post-1948 South Africa has been effected primarily through the Suppression of Communism Act and its successor, the Internal Security Act of 1982, the Publications and Entertainments Act and its successor, the Publications Act, a series of miscellaneous legislation imposing various substantive restrictions on private and public speech, and finally, executive …


Curing America's Addiction To Prisons, David C. Leven Jan 1993

Curing America's Addiction To Prisons, David C. Leven

Fordham Urban Law Journal

Our prisons have failed society because they do not, generally, provide an experience that is likely to help offenders overcome the obstacles that led them to make mistakes for which they are now being punished. Instead, they reinforce the violence and exploitation that many offenders were sentenced to prison for in the first place. They have failed because they do not promote restoration, a key to successful reintegration, and nobody benefits when offenders are more dangerous when they are released than when they entered prison. This Essay proposes that a restorative model of justice replace our failed punitive model. By …


Targeting Conduct: A Constitutional Method Of Penalizing Hate Crimes, Kevin N. Ainsworth Jan 1993

Targeting Conduct: A Constitutional Method Of Penalizing Hate Crimes, Kevin N. Ainsworth

Fordham Urban Law Journal

Forty-three states have enacted hate-crime statutes. These laws generally fall into one of two classes, either hate-speech or penalty-enhancement statutes. The former has sought to control virulent expression by punishing the utterance or display of words or symbols that the user knows will arouse anger in others on the basis of race, color, religion, gender, or some other immutable characteristic. The United States Supreme Court examined an ordinance of this type in R.A.V. v. City of St. Paul and found that the law infringed on the First Amendment right to free speech. Penalty enhancement statutes vary slightly among states, but …


Conscripting Private Resources To Meet Urban Needs: The Statutory And Constitutional Validity Of Affordable Housing Impact Fees In New York, James Berger Jan 1993

Conscripting Private Resources To Meet Urban Needs: The Statutory And Constitutional Validity Of Affordable Housing Impact Fees In New York, James Berger

Fordham Urban Law Journal

In the closing decade of the 20th century, American cities face difficult financial predicaments. Urban tax bases have atrophied, and the confidence rating of municipal bonds has been downgraded. At the same time, city expenditures have increased as century-old infrastructure begins to crumble and urban demographics demand an ever increasing array of public services. To meet these challenges, New York City would do well to adopt impact fee and linkage arrangements, which would require developers to contribute to State coffers in proportion to the expected environmental, social, and economic impact of their development projects. To pass constitutional muster, however, any …


The Urban Criminal Justice System Can Be Fair, Charles J. Hynes Jan 1993

The Urban Criminal Justice System Can Be Fair, Charles J. Hynes

Fordham Urban Law Journal

This essay contains perspectives on fairness in the criminal justice system. It is written by a prosecutor with experience in an urban setting. He touches on topics such as racism, jury selection, the Rodney King case, the Howard Beach Case.


Jails And Prisons -- Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan Jan 1993

Jails And Prisons -- Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan

Fordham Urban Law Journal

The resurgence of tuberculosis (TB) in urban areas has direct and alarming consequences within the criminal justice system. Lock-up facilities, jails and prisons are TB breeding grounds. TB strikes with vengeance in populations with physical vulnerabilities caused by alcoholism, drug addiction, malnutrition, and HIV/AIDS and other immune-suppressing conditions. This Essay argues that it is time for New York State to reevaluate the mandatory sentencing laws and restrictions on plea bargaining. The interaction of HIV disease and TB offers a striking example of why justice is not served by binding the judiciary's hands. This Essay provides a medical overview of HIV …


Urban Criminal Justice: Has The Response To The Hiv Epidemic Been "Fair"?, Richard J. Andrias Jan 1993

Urban Criminal Justice: Has The Response To The Hiv Epidemic Been "Fair"?, Richard J. Andrias

Fordham Urban Law Journal

The HIV epidemic is almost a decade old and it is estimated that one million to two million Americans are infected. Nevertheless, too often it has been irrational fears of contagion and disapproval of the subcultures associated with the illness that have driven society's response to the epidemic. Has the legal community, which prides itself on being governed by due process and rationality, reacted any differently than society at large? To what degree have legal decisions and policies been governed by fear, prejudice, and ignorance rather than by science and sound public policy? This Essay will explore the response of …


Examining The Nuisance Exception To The Takings Clause: Is There Life For Environmental Regulations After Lucas, Todd D. Brody Jan 1993

Examining The Nuisance Exception To The Takings Clause: Is There Life For Environmental Regulations After Lucas, Todd D. Brody

Fordham Environmental Law Review

No abstract provided.


Garbage And The Constitution: Solid Waste Disposal, The Dormant Commerce Clause, And The Market Participant Exception, Edward W. Greason Jan 1992

Garbage And The Constitution: Solid Waste Disposal, The Dormant Commerce Clause, And The Market Participant Exception, Edward W. Greason

Fordham Environmental Law Review

No abstract provided.


A Modest Proposal To End Gun Running In America, Jeremy Travis, William Smarrito Jan 1992

A Modest Proposal To End Gun Running In America, Jeremy Travis, William Smarrito

Fordham Urban Law Journal

Gun violence is a serious issue in our society. However, finding common ground between those who favor, and those who oppose, gun control can be a difficult task. Mayor David Dinkins and the Police Department propose a four prong solution that would pave a middle ground acceptable to most individuals. (1) put teeth into the existing federal regulations concerning those proscribed from purchasing a gun, (2) limit interstate shipment of firearms only to those federal firearms dealers who show that they have complied with any existing local firearms dealer requirements; (3) provide tracing capabilities for interstate shipments of weapons; and …


"Who Goes There?" -- Proposing A Model Anti-Mask Act, Stephen J. Simoni Jan 1992

"Who Goes There?" -- Proposing A Model Anti-Mask Act, Stephen J. Simoni

Fordham Law Review

No abstract provided.


Toward A Model Whistleblowing Law, John D. Feerick Jan 1992

Toward A Model Whistleblowing Law, John D. Feerick

Fordham Urban Law Journal

The current state and local whistleblowing laws in New York provide inadequate protection for employees against employer retaliation in the public and private sector. These laws must be reformed so that employees can enjoy sufficient protection from employer retaliation, and so that a high standard of fairness, responsibility and honesty can be promoted throughout New York State and New York City.


"Protection" Of Volunteers Under Federal Employment Law: Discouraging Voluntarism, Leda E. Dunn Jan 1992

"Protection" Of Volunteers Under Federal Employment Law: Discouraging Voluntarism, Leda E. Dunn

Fordham Law Review

No abstract provided.


Ward V. Rock Against Racism: How Time, Place And Manner Further Restrict The Public Forum, Michael B. Manley Mar 1991

Ward V. Rock Against Racism: How Time, Place And Manner Further Restrict The Public Forum, Michael B. Manley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Below Regularoy Concern: The Nuclear Regulatory Commission's Solution For Radioactive Waste Management, Koren Geer Jan 1991

Below Regularoy Concern: The Nuclear Regulatory Commission's Solution For Radioactive Waste Management, Koren Geer

Fordham Environmental Law Review

No abstract provided.


Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley Jan 1991

Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley

Fordham Law Review

No abstract provided.


Reflections On Chairing The New York State Commission On Government Integrity, John D. Feerick Jan 1991

Reflections On Chairing The New York State Commission On Government Integrity, John D. Feerick

Fordham Urban Law Journal

"The New York State Commission on Government Integrity (Commission) was born from a sense of crisis. A series of corruption scandals in New York State, involving officials at all levels of government, produced widespread cynicism and distrust of government and created a perception that unethical, if not illegal, practices were rampant throughout the State. The scandals implicated borough presidents of New York City, political party chairmen, municipal officials, members of the State Legislature, judges and a host of other officials." Following the New York State Commission on Government Integrity's final report to Governor Mario Cuomo in September 1990, Chairman John …


Felony Murder And Child Abuse: A Proposal For The New York Legislature, Barry Bendetowies Jan 1991

Felony Murder And Child Abuse: A Proposal For The New York Legislature, Barry Bendetowies

Fordham Urban Law Journal

"Lisa Steinberg's head was hit so hard her injuries matched those of a person who had fallen out of a three-story window. Over the course of three months, investigators believed that Jessica Cortez was beaten numerous times with fists, a ruler, and a belt by her mother's companion who, in addition, sexually abused her. Lisa and Jessica are only two of the many New York City children who have died as a result of child abuse in recent years; at least 126 other children died at the hands of abusive adults in 1988 alone. This alarming and ever increasing statistic …


A Grave Injustice: The Uncharitable Federal Tax Treatment Of Bequests To Public Cemeteries, Anne Berrill Whalen Jan 1990

A Grave Injustice: The Uncharitable Federal Tax Treatment Of Bequests To Public Cemeteries, Anne Berrill Whalen

Fordham Law Review

No abstract provided.


Standing To Challenge Tax-Exempt Status: The Second Circuit’S Competitive Political Advocate Theory, Jordana G. Schwartz Jan 1990

Standing To Challenge Tax-Exempt Status: The Second Circuit’S Competitive Political Advocate Theory, Jordana G. Schwartz

Fordham Law Review

No abstract provided.


Custody Battle: The Force Of U.S. Immigration And Naturalization Service Detainers Over Imprisoned Aliens, Jonathan E. Stempel Jan 1990

Custody Battle: The Force Of U.S. Immigration And Naturalization Service Detainers Over Imprisoned Aliens, Jonathan E. Stempel

Fordham International Law Journal

This Note argues that the INS may obtain custody over aliens for habeas corpus purposes by filing detainers with their respective prisons. Part I traces the history of habeas corpus and the expanding meaning that U.S. courts have given the term “custody.” Part I also illustrates the difficulty of defining a detainer for custodial purposes. Part II sets forth the approaches that courts use to determine the custodial effects of INS detainers. Part III submits that courts should review the intent behind the filing of an INS detainer to ascertain properly a detainer's custodial effect. This Note concludes that a …


Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski Jan 1990

Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski

Faculty Scholarship

A century ago Oliver Wendell Holmes, Jr., examined the history of negligence in search of a general theory of tort. He concluded that from the earliest times in England, the basis of tort liability was fault, or the failure to exercise due care. Liability for an injury to another arose whenever the defendant failed "to use such care as a prudent man would use under the circumstances.” A decade ago Morton J. Horwitz reexamined the history of negligence for the same purpose and concluded that negligence was not originally understood as carelessness or fault. Rather, negligence meant "neglect or failure …


The United Kingdom's Obligation To Balance Human Rights And Its Anti-Terrorism Legislation: The Case Of Brogan And Others, Patricia M. Roche Jan 1989

The United Kingdom's Obligation To Balance Human Rights And Its Anti-Terrorism Legislation: The Case Of Brogan And Others, Patricia M. Roche

Fordham International Law Journal

The Note argues that the UK must modify its extrajudicial detention legislation in order to comply with the prompt appearance requirement of Article 5(3) of the European Convention. It analyzes the history of the conflict between Northern Ireland the the UK leading to the implementation of the extrajudicial powers of arrest and detention and the Court's decision in the Case of Brogan and Others. The Note further argues that the eventual permanent derogation which the UK employs is untenable under the EC and recommends judicial reinterpretation.


Retroactive Application Of Tennessee V. Garner To Civil Litigation, John G. Crowley Jan 1989

Retroactive Application Of Tennessee V. Garner To Civil Litigation, John G. Crowley

Fordham Law Review

No abstract provided.


Minimum Physical Standards–Safeguarding The Rights Of Protective Service Workers Under The Age Discrimination In Employment Act, Meryl G. Finkelstein Jan 1989

Minimum Physical Standards–Safeguarding The Rights Of Protective Service Workers Under The Age Discrimination In Employment Act, Meryl G. Finkelstein

Fordham Law Review

No abstract provided.


Reconstructing The Takings Doctrine By Redefining Property And Sovereignty, John Martinez Jan 1988

Reconstructing The Takings Doctrine By Redefining Property And Sovereignty, John Martinez

Fordham Urban Law Journal

In 1987, the Supreme Court decided three cases involving "takings" challenges to governmental exercise of the power to control land use. This trilogy of cases affirmed the continuing validity of a three-part analytical model in addressing the takings problem: (1) is private property involved; (2) has governmental action so affected it as to require a remedy; and (3) what remedy should be provided? This Article critically examines that model and argues that the first two questions are fundamentally indistinguishable and that to treat them as distinct inquiries is unworkable. The Article then proposes a functional approach under which individuals are …


A Public Hearing In The Matter Of Open Meetings Law, New York State Commission On Government Integrity Nov 1987

A Public Hearing In The Matter Of Open Meetings Law, New York State Commission On Government Integrity

Hearings

Hearing