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Articles 781 - 810 of 844
Full-Text Articles in Entire DC Network
Deprogramming Members Of Religious Sects , John E. Lemoult
Deprogramming Members Of Religious Sects , John E. Lemoult
Fordham Law Review
No abstract provided.
Environmental Law: A Reevaluation Of Federal Pre-Emption And The Commerce Clause, Mark J. Alonso
Environmental Law: A Reevaluation Of Federal Pre-Emption And The Commerce Clause, Mark J. Alonso
Fordham Urban Law Journal
This Comment addresses how the concern of state and local governments to regain control over environmental regulation has resulted in a marked increase in conflicts with the commerce and supremacy clauses of the Constitution. Various tests have been used by the courts to determine violations of these Constitutional provisions where environmental objectives are sought through local laws. In the field of environmental litigation, traditional tests are constantly challenged to meet the changing moral climate of the nation. This Comment weighs the desire of local legislatures for more responsive environmental regulation against the federal goal of uniform regulation and unrestrained interstate …
"Church" In The Internal Revenue Code: The Definitional Problems , Charles M. Whelan
"Church" In The Internal Revenue Code: The Definitional Problems , Charles M. Whelan
Fordham Law Review
No abstract provided.
Case Note: Labor Law - Collective Bargaining - Job Security Is A Proper Subject Of Negotiations Between A Public Employer And Public Employee Organization Under The Taylor Law, Joan W. Keenan
Fordham Urban Law Journal
In this case note, Joan W. Keenan analyzes Board of Education v. Yonkers Federation of Teachers, 40 N.Y.2d 268, 353 N.E.2d 569, 386 N.Y.S.2d 657 (1976). In 1975 the city of Yonkers was plagued by a severe financial emergency. As part of an effort to balance its budget, plaintiff Yonkers City Board of Education unilaterally terminated the services of a number of teachers. Defendant Yonkers Federation of Teachers demanded arbitration on this issue under the terms of a job security clause contained in the collective bargaining agreement between the Board and the Federation. Plaintiff then brought a proceeding for a …
Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr.
Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr.
Fordham Urban Law Journal
In an effort to prevent the spread of businesses specializing in adult entertainment, many cities have utilized zoning ordinances to combat problems in certain neighborhoods. New York City, Boston, and Detroit all have instituted such restrictions. This Note will consider whether the zoning of businesses specializing in adult entertainment is a legitimate exercise of the state's police power, analyzing its potential as a violation of the first amendment and the equal protection clause of the fourteenth amendment. In addition, the Note will examine the validity of using the twenty-first amendment to regulate adult entertainment businesses that serve alcoholic beverages.
Note: Involuntary Retirement Under The Age Discrimination Employment Act: The Bona Fide Employee Benefit Plan Exception, Robert F. Tully
Note: Involuntary Retirement Under The Age Discrimination Employment Act: The Bona Fide Employee Benefit Plan Exception, Robert F. Tully
Fordham Urban Law Journal
The purpose of the Age Discrimination Employment Act (ADEA) is "to promote employment of older persons based on their ability rather than age." ADEA covers workers who are at least forty years of age but less than sixty-five. The setting of these age limits, particularly the lower limit, was the cause of much debate during the formation of the law. After examining the problems of older persons seeking employment, Congress concluded that the unemployment rate for older workers was much higher than for younger workers. It found that the setting of arbitrary age limits had become common within industry and …
Case Note: Constitutional Law - Due Process - Municipal Towing Ordinance Authorizing The Assessment Of Towing Fees And Storage Charges Without Notice And Opportunity For Hearing Violates Due Process, Laurie S. Schaffer
Fordham Urban Law Journal
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Cy Pres Powers Of The Federal Bankruptcy Courts - New Hope For Financially Distressed Charities?, George B. Reese
Cy Pres Powers Of The Federal Bankruptcy Courts - New Hope For Financially Distressed Charities?, George B. Reese
Fordham Urban Law Journal
During times of economic turmoil, certain private charitable institutions operating in urban areas often face financial problems. In the past, these institutions - hospitals, community service centers, and the like - were partially reimbursed by government welfare funds for their "public services" expenditures. But as the pressures on municipal budgets have increased, these reimbursements become delayed, and sometimes uncertain. A charitable corporation contemplating a petition in bankruptcy might wish to seek cy pres relief from the bankruptcy court. Cy pres, a common feature of state law, provides that a gift in trust or otherwise which is determined to have been …
The Future Of Nonguaranteed Bond Financing In New York, Michael D. Utevsky
The Future Of Nonguaranteed Bond Financing In New York, Michael D. Utevsky
Fordham Law Review
No abstract provided.
The Internal Revenue Service As A Monitor Of Church Institutions: The Excessive Entanglement Problem, Sharon L. Worthing
The Internal Revenue Service As A Monitor Of Church Institutions: The Excessive Entanglement Problem, Sharon L. Worthing
Fordham Law Review
No abstract provided.
Constitutional Limitations On The Use Of Canines To Detect Evidence Of Crime, John Schuster
Constitutional Limitations On The Use Of Canines To Detect Evidence Of Crime, John Schuster
Fordham Law Review
No abstract provided.
Cargo Of Fire: A Call For Stricter Regulation Of Liquefied Natural Gas Shipment And Storage, Philip Weinberg
Cargo Of Fire: A Call For Stricter Regulation Of Liquefied Natural Gas Shipment And Storage, Philip Weinberg
Fordham Urban Law Journal
The imminent prospect of importation of large quantities of liquefied natural gas (LNG) through congested harbors and its storage in huge tanks in densely-populated urban areas provides a classic instance of our technological reach exceeding our grasp. The severe danger of widespread fire impels an exhaustive examination of the need to import LNG through busy harbors and to store it within cities. Such conveyance and storage expose millions of persons and millions of dollars of property to extraordinary harm. Three aspects of proposed importation of LNG are particularly disturbing: (1) the federal government's insistence on promoting LNG importation prior to …
Elimination Of Arbitrary Automobile Stops: Theory And Practice, Gary D. Stumpp
Elimination Of Arbitrary Automobile Stops: Theory And Practice, Gary D. Stumpp
Fordham Urban Law Journal
The authority of the police to enforce the statutory restrictions governing vehicle and traffic laws has often been considered to be concomitant with a right to stop motorists arbitrarily to determine their compliance. Recently, some courts have eroded this power, to protect the constitutional rights guaranteed to individuals under the fourth amendment. In their consideration of these arbitrary automobile stops, the courts have utilized a balancing process. They consider the state interest in promoting public safety on the highways through the guaranteed enforcement of the relevant laws, as well as the duty of the police to detect and control crime. …
Restoring The Balance: The Second Amendment Revisited, David I. Caplan
Restoring The Balance: The Second Amendment Revisited, David I. Caplan
Fordham Urban Law Journal
In this article, the Second Amendment is analyzed through a discussion of the history of the right to private arms under English common law, the Second Amendment's legislative history and context, and the United States Supreme Court's decision in United States v. Miller. The articles argues that the private right of keeping arms plays a fundamental role in the constitutional system of checks and balances and that the Second Amendment supports the twin goals of individual and collective defense against violence and aggression. The article concludes that efforts to limit firearms possession to the organized militia undermines these twin goals …
Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson
Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson
Fordham Urban Law Journal
The issues in environmental law have been largely directed toward the natural environment, however, very recently and with growing force, new law has been channeled into the service of our nation's urban centers. Traditionally, urban environmental law included only broad schemes to redress urban ills, such as zoning laws, public housing programs, and urban renewal. In the past few years, there has been an increase in the development of personally held and asserted citizens rights to a quality urban environment. While articles on the urban environment often deal with statutory and administrative action, this article presents a different perspective, that …
Fcc Broadcast Standards For Ascertaining Community Needs, Arthur P. Deluca
Fcc Broadcast Standards For Ascertaining Community Needs, Arthur P. Deluca
Fordham Urban Law Journal
This comment examines: (1) the history of the ascertainment procedures, including the function of the original Primer; (2) the effect of the Renewal Primer amendments on the ascertainment procedures; and (3) the significance of the Bamford cases in light of the treatment of badly-organized groups under prior ascertainment procedures, and in light of the issuance of the Renewal Primer. The comment argues that the Primer's purpose of increasing the responsiveness of a broadcast applicant to the needs of its proposed service area has improved the situation for the more organized significant groups, such as minority groups, but its effectiveness as …
Free Exercise Of Religion In Prisons―The Right To Observe Dietary Laws, Andrea Bernstein
Free Exercise Of Religion In Prisons―The Right To Observe Dietary Laws, Andrea Bernstein
Fordham Law Review
No abstract provided.
A City In Terror. By Francis Russell. New York: The Viking Press, Inc., 1975. Pp. 256. $10.00., Joseph R. Crowley
A City In Terror. By Francis Russell. New York: The Viking Press, Inc., 1975. Pp. 256. $10.00., Joseph R. Crowley
Fordham Urban Law Journal
In the past decade, the greatest phenomena in the field of labor relations in the United States has been the rapid growth of the organization of public employees into structures for collective bargaining. Today's public employees have obviously concluded that enhancement of terms and conditions of employment can only be achieved through the negotiating process. The posture of public employees was in 1919 (the time period dealt with by Russell) an unthinkable concept insofar as it impinged upon the sovereignty of government. Moreover, it was deemed at that time that public employees were public servants who had no right to …
Institutional Innovation In New Towns: The Dual Developer Concept, William Nicoson
Institutional Innovation In New Towns: The Dual Developer Concept, William Nicoson
Fordham Urban Law Journal
New communities have long been celebrated as models for increased order and quality in the process by which rural land is brought into urban use and urban land into more intensive use. At the community level, innovations may be more readily tested in new communities rather than in existing settlements. While much attention has been focused upon innovations in technological and social systems, little attention has been given to institutional and financing innovations. Nonetheless, new institutional and financing techniques have been quietly introduced in the development of new communities. The most significant of these innovations address the problem of assuring …
The Emergency Doctrine, Civil Search And Seizure, And The Fourth Amendment, Melinda Roberts
The Emergency Doctrine, Civil Search And Seizure, And The Fourth Amendment, Melinda Roberts
Fordham Law Review
No abstract provided.
Due Process And The Development Of "Criminal" Safeguards In Civil Commitment Adjudications, Howard R. Hawinkins, Jr., Paul O. Sullivan
Due Process And The Development Of "Criminal" Safeguards In Civil Commitment Adjudications, Howard R. Hawinkins, Jr., Paul O. Sullivan
Fordham Law Review
No abstract provided.
Violence And Obscenity--Chaplinsky Revisited
Crime Victims' Compensation- Title I Of The Proposed Victims Of Crime Act Of 1973: An Analysis
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.
The New York City Noise Control Code: Not With A Bang, But A Whisper
The New York City Noise Control Code: Not With A Bang, But A Whisper
Fordham Urban Law Journal
This comment reviews the history of noise control legislation in New York City and examines the New York City Noise Control Code enacted in 1972 to reduce and regulate noise levels by explaining its administration, substantive limitations, and method of enforcement. The comment concludes by recognizing the important advancements promulgated by the Code and evaluating its possibility of success.
In Defense Of Capital Gains, Constantine N. Katsoris
In Defense Of Capital Gains, Constantine N. Katsoris
Fordham Law Review
No abstract provided.
Religion In Politics And The Income Tax Exemption, Joel E. Davidson
Religion In Politics And The Income Tax Exemption, Joel E. Davidson
Fordham Law Review
No abstract provided.
Congressional Self-Discipline: The Power To Expel, To Exclude And To Punish, Gerald T. Mclaughlin
Congressional Self-Discipline: The Power To Expel, To Exclude And To Punish, Gerald T. Mclaughlin
Fordham Law Review
No abstract provided.