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Fordham Urban Law Journal

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Maintenance And Repairs Of Cooperative Apartments: Rights And Remedies Of Tenant-Shareholders, Damon R. Maher Jan 1980

Maintenance And Repairs Of Cooperative Apartments: Rights And Remedies Of Tenant-Shareholders, Damon R. Maher

Fordham Urban Law Journal

This comment examines the duties landlords have to maintain a habitable dwelling for tenants. It also recounts the various remedies tenants have when their landlord fails to meet its duties regarding habitability. The comment then goes on analyze whether or not these remedies are available to leaseholders of a cooperative apartment against the cooperative corporation that owns the apartment. In cases when those remedies are not available, this comment will recount what remedies are available.

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Administrative Agencies And The Rites Of Due Process: Alternatives To Excessive Litigation, Daniel Lee Feldman Jan 1979

Administrative Agencies And The Rites Of Due Process: Alternatives To Excessive Litigation, Daniel Lee Feldman

Fordham Urban Law Journal

With the growth of courtroom litigation, it has become necessary for congress to look to administrative agencies to act in an adjudicative nature. In expanding the role of administrative agencies for efficiency and economic concerns, it is particularly important to still consider the due process rights of citizens. This article addresses the need to balance the procedural due process rights of individuals with the use of administrative agencies to eliminate or at the very least reduce excessive litigation.

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Court-Awarded "Reasonable" Fees: Forcing A Segregated Public Interest Bar?, Paul L. Robert Jan 1979

Court-Awarded "Reasonable" Fees: Forcing A Segregated Public Interest Bar?, Paul L. Robert

Fordham Urban Law Journal

In ensuring that each citizen has free and unabated access to the legal system, it is important to strengthen the public interest sector of the legal community. To allow for solo practitioners and firms to engage in public interest cases, it is vital that the court system apply consistent standards for fee awards so as to incentivize and adequately compensate attorneys for their work. This comment looks to the importance of reasonable fees in ensuring the availability of counsel and more importantly, the availability of effective counsel.

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Erisa And The Preemption Of State Law, Walter Donat Jan 1978

Erisa And The Preemption Of State Law, Walter Donat

Fordham Urban Law Journal

Article examines the language of Employment Retirement Income Security Act of 1974 (ERISA), the pre-emption provisions, its legislative history, and the various court interpretations of the preemption provisions.

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Towards A Constitutional Right To Counsel In Matrimonial Litigation, Gary R. Matano Jan 1976

Towards A Constitutional Right To Counsel In Matrimonial Litigation, Gary R. Matano

Fordham Urban Law Journal

The marriage institution is the basic unit in the anatomical composition of American society as it exists today. The right to marry and the right to divorce when marriage fails have long been held in the highest esteem by our nation's courts. But some citizens of the State of New York are judicially denied the right to terminate their marriages because they are indigents. The court has denied indigents their requested assignments of counsel when the assistance of counsel was unquestionably necessary for prospective matrimonial litigants. The first problem posed by that holding is that it operates as a virtual …

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Usury--Attorneys' Fees--Bank's Collection Of In-House Legal Department Costs On Default Judgments Constitutes Usury And Illegal Fee-Splitting, William Kirschner Jan 1976

Usury--Attorneys' Fees--Bank's Collection Of In-House Legal Department Costs On Default Judgments Constitutes Usury And Illegal Fee-Splitting, William Kirschner

Fordham Urban Law Journal

At the request of the Attorney General, the Administrative Judge of the Civil Court of New York brought an action against Chemical Bank to recover all attorneys' fees collected by the bank in obtaining numerous default judgments during 1973 and 1974. These judgments resulted from unpaid consumer loans and were based on certain notes signed by each borrower. The consumer notes included provisions for the recovery of attorneys' fees even though the defaults were not prosecuted by an independent law firm but by the bank's salaried in-house counsel. The plaintiff in Thompson v. Chemical Bank argued that Chemical Bank, by …

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Environmental Interest Litigants Are Not Entitled To An Award Of Fees For Promoting Public Interests Absent Statutory Authorization. Alyeska Pipeline Service Co. V. Wilderness Soc'y, 421 U.S. 240 (1975)., Michael T. Cornacchia Iii Jan 1975

Environmental Interest Litigants Are Not Entitled To An Award Of Fees For Promoting Public Interests Absent Statutory Authorization. Alyeska Pipeline Service Co. V. Wilderness Soc'y, 421 U.S. 240 (1975)., Michael T. Cornacchia Iii

Fordham Urban Law Journal

The Wilderness Society and other interested groups brought suit in the district court, seeking to enjoin construction of the Trans-Alaskan Pipeline on the grounds that: (1) the right of way granted the defendant violated the width restrictions of Section 28 of the Mineral Lands Leasing Act of 1920 and (2) the environmental impact statement required under Section 4321 of the National Environmental Policy Act (NEPA) was inadequate. The district court, after granting a preliminary injunction, reversed itself by dissolving the preliminary injunction and denying permanent relief. The Court of Appeals for the District of Columbia Circuit reversed, holding that the …

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Case Note: Criminal Law - Parole - State Board Of Parole Must Issue Statement Of Reasons For Denial Of Parole. United States Ex Rel. Johnson V. Chairman, New York State Board Of Parole, 500 F.2d 925 (2d Cir. 1974), William B. Smith Jan 1975

Case Note: Criminal Law - Parole - State Board Of Parole Must Issue Statement Of Reasons For Denial Of Parole. United States Ex Rel. Johnson V. Chairman, New York State Board Of Parole, 500 F.2d 925 (2d Cir. 1974), William B. Smith

Fordham Urban Law Journal

This Case Note analyzes the Second Circuit's decision in United States ex rel. Johnson v. Chairman, New York State Board of Parole, which held that due process considerations required the Board to issue a statement giving its reasons for denial of parole, both as a guide for the prisoner's rehabilitative efforts and as an enduring record for possible appellate review.

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The Politics Of Punishment: A Critical Analysis Of Prisons In America, Warrren Richmond Jan 1974

The Politics Of Punishment: A Critical Analysis Of Prisons In America, Warrren Richmond

Fordham Urban Law Journal

The problem of prisons and prison reform has become a subject of much discussion and study in our country. It has been suggested that it is in society’s best interest to invest substantial resources to develop prisons as rehabilitation centers and not as factories of crime so ex-prisoners will return to society as useful citizens. Wright sets forth why crime and prisons will remain fundamentally the same until a radical change is made in society itself. Levels of crime in America are substantially the result of ‘political choices’. After establishing who goes to prison and why, Wright concludes that prisons …

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Book Review- Police Corruption: A Sociological Perspective, Peter J. O'Connor Jan 1974

Book Review- Police Corruption: A Sociological Perspective, Peter J. O'Connor

Fordham Urban Law Journal

The author reviews the book Police Corruption: A Sociological Perspective, edited by Lawrence W. Sherman. He concludes that Mr. Sherman's book affords a welcome insight into a persistent problem. Too often lawyers treat problems which are sociological in nature as legal problems only. For that reason, the reviewer highly recommends the book to all lawyers.

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From Plows To Pliers - Urban Homesteading In America Jan 1974

From Plows To Pliers - Urban Homesteading In America

Fordham Urban Law Journal

The state homestead exemption is the most widely known form of homesteading and exists in the majority if American jurisdictions. A new form of this plan has been added by many east coast cities that allows families to receive a grant of a home at a minimum price on condition that it occupies the residence and improves it to satisfy all applicable codes. The property is then transferred to the homesteader and this benefits both the city and the individual. This urban homesteading plan is the most recent program designed to promote urban renewal and home ownership. Wilmington Delaware was …

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A Public Citizens’S Action Manual , Lisa H. Blitman Jan 1974

A Public Citizens’S Action Manual , Lisa H. Blitman

Fordham Urban Law Journal

The book proposes that court action should only be used as a last result and offers alternatives. It encourages the citizen to know the truth about various systems in our government and society and offers the reader information that can be used by the action oriented citizen to improve quality of life. Ross urges citizens to fight and become public interest advocates to seek change. Ralph Nader writes the introduction and explains that institutions of government and business are too large and distinct and that with a little help and interest from citizen-activists, government and businesses can be made ot …

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Note: The Eligibility Of The Unborn Child Under Afdc, John K. Enright Jan 1974

Note: The Eligibility Of The Unborn Child Under Afdc, John K. Enright

Fordham Urban Law Journal

This Note surveys recent litigation challenging the state denial of AFDC payments to pregnant women seeking benefit on behalf of their unborn children. Such decisions have focused on the issue of whether unborn children come within the definition of "dependent child" as set forth in Section 606 of the AFDC. Thus far, fourteen of seventeen reported decisions have included unborn children within the statutory definition. The Note concludes that the unborn child cases illustrate the difficulty of the rule that the Supreme Court laid out in Townsend v. Swank, which held that states must make AFDC payments to all eligible …

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Book Review: Where Do I Go From Here? A Career Planning Manual For Lawyers, Kathleen Kruger Jan 1974

Book Review: Where Do I Go From Here? A Career Planning Manual For Lawyers, Kathleen Kruger

Fordham Urban Law Journal

Kathleen Kruger, the Director of Placement for NYU Law School reviews Frances Utley's book, Where Do I Go From Here? A Career Planning Manual for Lawyers. Kruger expresses doubt that one may "plan" a legal career, but that gathering as much information as possible can help and that Utley's book is helpful in this regard. Kruger concludes, however, that some of Utley's book is overly optimistic with respect to the number and variety of career options available to lawyers in the current market.

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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.

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Unsafe At Any Rate- The New York Motor Vehicle Retail Instalment Sales Act Jan 1973

Unsafe At Any Rate- The New York Motor Vehicle Retail Instalment Sales Act

Fordham Urban Law Journal

This article focuses on motor vehicle retail instalment contracts and their impact on consumer credit development, the abuses they have engendered, and the pattern of regulation which has grown around them. The article first addresses the history of the market and then examines the New York Motor Vehicle Retail Instalment Sales Act, urging legislative reform.

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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 …

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Book Review: Water Wasteland, Angus Macbeth Jan 1972

Book Review: Water Wasteland, Angus Macbeth

Fordham Urban Law Journal

Water Wasteland, reviews federal water pollution control programs of the last fifteen years and provides a useful insight into the decline and fall of American rivers.

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