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Articles 751 - 780 of 844
Full-Text Articles in Entire DC Network
Unjust Dismissal Of Employees At Will: Are Disclaimers A Final Solution?, Patricia M. Lenard
Unjust Dismissal Of Employees At Will: Are Disclaimers A Final Solution?, Patricia M. Lenard
Fordham Urban Law Journal
This Note maintains that courts should use a balancing approach in the analysis of wrongful discharge disputes. It first discusses the historical foundations of the employment at will doctrine. It then critically examines the current status of the four theories used to weaken this doctrine. It next analyzes four possible resolutions to employer/employee conflicts in the context of employment terminations. These resolutions include: (1) unionization of those employees who want protection; (2) judicial decree to define the current status and direction of the law, including disclaimers in personnel applications or manuals; (3) voluntary approaches by employers that would insure fair …
Tortfeasor Liability For Disaster Response Costs: Accounting For The True Cost Of Accidents, David C. Mcintyre
Tortfeasor Liability For Disaster Response Costs: Accounting For The True Cost Of Accidents, David C. Mcintyre
Fordham Law Review
No abstract provided.
Automatic Teller Machine Robberies: Theories Of Liability, Joan Miles
Automatic Teller Machine Robberies: Theories Of Liability, Joan Miles
Fordham Urban Law Journal
This student note examines theories of liability arising from robberies and assaults at ATMs (automated teller machines). The author draws from tort law the principles of landowner liability for intentional, criminal acts of third parties that arise because of a landowner's failure to protect his or her tenants or customers. The author also examines recent legislation, the EFTA (electronic funds transfer act) to see if ATM robberies can be successfully categorized as 'unauthorized transfers' from banks. The author describes possible defenses for the banks based on the location and type of ATM that is robbed, and finally concludes that because …
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Headlines include: Harris Resigns; Schomer Wins Mulligan; Mitchell Charts New Course; Election Law Changes; Fordham To Honor Two At Dean's Day Ceremony
Federal Habeas Corpus After State Court Default: A Definition Of Cause And Prejudice, Maria L. Marcus
Federal Habeas Corpus After State Court Default: A Definition Of Cause And Prejudice, Maria L. Marcus
Fordham Law Review
The social interest in the general security and the social interest in the individual life continually come into conflict and in criminal law, as everywhere else in law the problem is one of . . . Balancing conflicting interests and of securing as many as may be and as completely as may be with the least sacrifice . . . .
Statutes Of Limitations In United States Suits To Recover Oil Spill Cleanup Costs Under The Federal Water Pollution Control Act, Robert E. Jr. Maher
Statutes Of Limitations In United States Suits To Recover Oil Spill Cleanup Costs Under The Federal Water Pollution Control Act, Robert E. Jr. Maher
Fordham Law Review
No abstract provided.
Stough V. Crenshaw Country Board Of Education: Parental Rights And Segregation Academies, Stuart Melnick
Stough V. Crenshaw Country Board Of Education: Parental Rights And Segregation Academies, Stuart Melnick
Fordham Urban Law Journal
The author of this student note explores a recent 11th Circuit decision in Strough v. Crenshaw Country Board of Education, which held that the state's proffered interests were not compelling, and therefore failed to override a fundamental right. In the case, a county school board forbid its employees from sending their children to private school, and the regulation was contested by two tenured teachers who sought to enroll their children in a private, racially segregated school. The court eventually found that a parent's right to educate their child was a fundamental right, and the policy reasons advanced by the school …
Selective Distribution, John Temple Lang
Selective Distribution, John Temple Lang
Fordham International Law Journal
Systems of selective distribution involve essentially two elements. First, the distribution does not supply every dealer, retailer, or wholesaler who is willing to sell the products in question. Only those who meet certain criteria are appointed as authorized retailers or wholesalers. Second, authorized dealers may sell only to other authorized dealers, or, in the case of retailers, to users. It is usual to classify the criteria for selecting the dealers to be approved as follows: 1) Qualitative and Quantitative Criteria; 2) Objective and Subjective Criteria; 3) Technical Qualifications and Commercial Qualifications. There may of course be obligations, including restrictive obligations, …
Front Pay: A Necessary Alternative To Reinstatement Under The Age Discrimination In Employment Act, Peter Janovsky
Front Pay: A Necessary Alternative To Reinstatement Under The Age Discrimination In Employment Act, Peter Janovsky
Fordham Law Review
No abstract provided.
Automatic Imposition Of No-Work Conditions On Bonds In Deportation Proceedings: An Abuse Of Discretion And Due Process, Charles D. Brown
Automatic Imposition Of No-Work Conditions On Bonds In Deportation Proceedings: An Abuse Of Discretion And Due Process, Charles D. Brown
Fordham Law Review
No abstract provided.
"Public Policy" Discrimination In The Eec: A Proposal For Assuring The Free Movement Of Workers, Lori Wood
"Public Policy" Discrimination In The Eec: A Proposal For Assuring The Free Movement Of Workers, Lori Wood
Fordham International Law Journal
This Note will examine three factors that undermine the guarantees of freedom of movement and freedom of establishment. First, the term public policy cannot be precisely defined. Second, European Economic Community (Community) law fails to substantially limit the scope of the public policy exception. Third, the Community legal system is inadequate to prevent or reverse discriminatory acts of national authorities against Community workers. This Note will suggest viable remedies for these problems. The proposals, if collectively implemented, would eliminate discrimination of Community workers on the basis of nationality.
Post-Sale Obligations Of Product Manufacturers , John S. Allee
Post-Sale Obligations Of Product Manufacturers , John S. Allee
Fordham Urban Law Journal
In products liability law, a post-sale warning exists when the manufacturer learns after a product is distributed that it failed to warn of a danger that was knowable at the time of sale. However, a manufacturer has no point-of-sale duty to warn of dangers from unforeseeable misuses or alterations of its products. When a product develops a post-sale problem because of an improvement in the state of the art (e.g. because of the development of a more effective safety device), there is no requirement that a manufacturer seek out past customers and notify them of changes in the state of …
Nonemergency Municipal Curfew Ordinances And The Liberty Interests Of Minors, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill
Nonemergency Municipal Curfew Ordinances And The Liberty Interests Of Minors, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill
Fordham Urban Law Journal
Most crimes committed in the United States occur in cities, and a large proportion of these crimes are committed by juveniles under the age of eighteen. Although the total number of reported Crime Index offenses decreased slightly in 1982, surveys of popular attitudes toward crime show an increased fear of crime, especially among persons living in urban areas. One way states have addressed this challenge is by enacting nonemergency juvenile curfew amendments. This Note examines these amendments recently enacted in Trenton and Newark, New Jersey, and the Detroit, Michigan, ordinance which has recently been strictly enforced as part of a …
Intercollegiate Athletics And Television Contracts: Beyond Economic Justifications In Antitrust Analysis Of Agreements Among Colleges, Eugene D. Gulland, J. Peter Byrne, Sheldon Elliot Steinbach
Intercollegiate Athletics And Television Contracts: Beyond Economic Justifications In Antitrust Analysis Of Agreements Among Colleges, Eugene D. Gulland, J. Peter Byrne, Sheldon Elliot Steinbach
Fordham Law Review
No abstract provided.
"Green River Ordinances": Where Does The Burden Belong?, Osborne M. Reynolds, Jr.
"Green River Ordinances": Where Does The Burden Belong?, Osborne M. Reynolds, Jr.
Fordham Urban Law Journal
Over the years, many communities have attempted to restrict door-to-door salespersons. Green River Ordinance is a term derived from an ordinance adopted in Green River, Wyoming, in November, 1931. The measure declared the practice of going in or upon private residences for the purpose of peddling, or soliciting orders for the sale of goods without prior consent of the owners or occupants of the residence a nuisance and subjected such activities to criminal penalties. The popularity of, and controversy over, these ordinances continue to this day.
Beyond The Fcn Treaty: Japanese Multinationals Under Title Vii, Stacey M. Rosner
Beyond The Fcn Treaty: Japanese Multinationals Under Title Vii, Stacey M. Rosner
Fordham Law Review
No abstract provided.
The Lessons Of Creation-Science: Public School Curriculum And The Religion Clauses, Judith L. Benkov, Marilyn Rothstein
The Lessons Of Creation-Science: Public School Curriculum And The Religion Clauses, Judith L. Benkov, Marilyn Rothstein
Fordham Law Review
No abstract provided.
Liberalization Of International Trade In The Service Sector: Threshold Problems And A Proposed Framework Under The Gatt, Marianna Maffucci
Liberalization Of International Trade In The Service Sector: Threshold Problems And A Proposed Framework Under The Gatt, Marianna Maffucci
Fordham International Law Journal
This Comment will discuss problems inherent in creating a framework for liberalization of trade in the service sector and will propose a general plan for approaching those problems. Part One will examine the economic significance of the service sector world-wide. Part Two will consider problems in quantifying the service sector and in identifying barriers to trade in services. Part Three will look into the difficulties of building international consensus on the need for liberalization and efforts made to that end. To conclude, Part Four will explore the possibility of extending the GATT to cover services.
State Regulation Of Casino Gambling: Constitutional Limitations And Federal Labor Law Preemption, Kathryn Keneally
State Regulation Of Casino Gambling: Constitutional Limitations And Federal Labor Law Preemption, Kathryn Keneally
Fordham Law Review
No abstract provided.
Horse Racing And The Law: A Legislative Proposal To Harness Race-Fixing, Bradley S. Telias
Horse Racing And The Law: A Legislative Proposal To Harness Race-Fixing, Bradley S. Telias
Fordham Urban Law Journal
This article, written at a time when horse-racing was experiencing a wave of corruption and race-fixing, first examines the relevant court decisions involving license suspensions in horse racing. An evaluation of the corruption present in both the harness and thoroughbred racing industries is set forth in Part III. Finally, the article proposes legislative amendments to the relevant statutory provisions, designed to stem the tide of thorough-bred corruption and help restore the public's confidence in the sport.
Nuclear Accidents: Judicial Review Of The Nrc's Duty To Issue A Health Warning, Valerie Acerra
Nuclear Accidents: Judicial Review Of The Nrc's Duty To Issue A Health Warning, Valerie Acerra
Fordham Urban Law Journal
This article focuses on the increasing effects of carcinogens and toxins into the environment on the public health, particularly the hazards of radiation. Utilizing the Three Mile Island nuclear power accident as a case study, it examines the theoretical battles over nuclear power production. It analyzes whether residents living near the Three Mile Island facility were entitled to a health warning due to the radiation emitted by the accident. The article proposes that the Nuclear Regulatory Commission should be the body that issues such a warning, and examines whether the issuance of a health warning is a nondiscretionary duty of …
Federal Financing Of Urban Economic Development, S. William Green, Nancy W. Hunt
Federal Financing Of Urban Economic Development, S. William Green, Nancy W. Hunt
Fordham Urban Law Journal
Green and Hunt address the issue of whether the federal government should focus on "solving the nation's macroeconomic problems" with the hope that it will encourage local economic activity, or focus directly on "localities that are in social, economic or fiscal distress." They discuss and highlight the shortcomings of past federal initiatives to aid declining urban areas such as Hoover's Reconstruction Finance Corporation, the Housing Act of 1954, the Urban Development Action Grant program, the Community Development Block Grant, the Area Redevelopment Act, the Public Works and Economic Development Act of 1965 and the Reagan Administrations Kemp-Garcia plan. Green and …
Passport Revocation: A Critical Analysis Of Haig V. Agee And The Policy Test, Joy Beane
Passport Revocation: A Critical Analysis Of Haig V. Agee And The Policy Test, Joy Beane
Fordham International Law Journal
Part I of this Note will discuss briefly the history of the Passport Act and of travel control statutes with an emphasis on the changing nature and purpose of passports. That section will also review a significant case, decided in 1955 in which the power of the Secretary to deny a passport was challenged. Part II will examine the rationale underlying the Kent v. Dulles decision. Finally, Part III will focus on the Supreme Court's treatment of the issues presented in Haig v. Agee and will explore the effects of the Court's decision on first and fifth amendment rights.
Passport Revocations Or Denials On The Ground Of National Security And Foreign Policy, Evelyn Capassakis
Passport Revocations Or Denials On The Ground Of National Security And Foreign Policy, Evelyn Capassakis
Fordham Law Review
No abstract provided.
A Policy Analysis Of The American Law Of Foreign State Immunity, Thomas H. Hill
A Policy Analysis Of The American Law Of Foreign State Immunity, Thomas H. Hill
Fordham Law Review
No abstract provided.
New York's Juvenile Offender Law: An Overview And Analysis, John P. Woods
New York's Juvenile Offender Law: An Overview And Analysis, John P. Woods
Fordham Urban Law Journal
In response to the public outrage over the light sentencing of some of New York City's juvenile offenders who had committed heinous crimes, the legislature enacted the Crime Package Bill which made revisions to the entire justice system. The result was that New York was provided with some of the harshest juvenile justice systems in the country. This Article argues that the system is both ineffective and inefficient. First, the Article examines the historical development of the juvenile system, then the more recent reforms of the system, and finally the problems created by the Crime Package Bill.
Intelligence Gathering And The Law: Conflict Or Compatibility? , Benjamin R. Civiletti
Intelligence Gathering And The Law: Conflict Or Compatibility? , Benjamin R. Civiletti
Fordham Law Review
No abstract provided.
Treaties– Mexican-American Treaty On The Execution Of Penal Sentences– Custody Of A Prisoner Under The Mexican-American Treaty Is Unlawful When Consent To The Transfer Is Coerced, David Vaida
Fordham International Law Journal
Looks at the arrest of Raymond Bayron Velez, Efran Morales Caban and Pedro Rosado and their relation to the Treaty between the United States of America and the United States Mexican States on the Execution of Penal Sentences (Treaty).
Tax Exempt Religious Schools Under Attack: Conflicting Goals Of Religious Freedom And Racial Integration , Thomas Stephen Neuberger, Thomas C. Crumplar
Tax Exempt Religious Schools Under Attack: Conflicting Goals Of Religious Freedom And Racial Integration , Thomas Stephen Neuberger, Thomas C. Crumplar
Fordham Law Review
No abstract provided.
Tax Exempt Religious Schools Under Attack: Conflicting Goals Of Religious Freedom And Racial Integration , Thomas Stephen Neuberger, Thomas C. Crumplar
Tax Exempt Religious Schools Under Attack: Conflicting Goals Of Religious Freedom And Racial Integration , Thomas Stephen Neuberger, Thomas C. Crumplar
Fordham Law Review
No abstract provided.