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Articles 721 - 750 of 844
Full-Text Articles in Entire DC Network
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
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
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
Fordham Law Review
No abstract provided.
No Easy Talk: South Africa And The Suppression Of Political Speech, D.S.K. Culhane
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
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
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
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
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
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
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
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
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
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
"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
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
"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
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
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
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
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
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
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
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
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
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
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
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
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
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
A Public Hearing In The Matter Of Open Meetings Law, New York State Commission On Government Integrity
Hearings
Hearing