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Articles 91 - 113 of 113
Full-Text Articles in Law
The Cra Implications Of Predatory Lending, Kathleen C. Engel, Patricia A. Mccoy
The Cra Implications Of Predatory Lending, Kathleen C. Engel, Patricia A. Mccoy
Fordham Urban Law Journal
This article considers the Community Reinvestment Act's role in combating predatory lending. It provides an overview of the CRA, explains how CRA-covered lenders may enable predatory lending and explores the relationship between the CRA, federal subsidies and predatory lending. The article concludes that the CRA should be used to penalize lenders that engage in predatory lending and recommends that federal bank regulators use CRA to sanction behavior that could encourage further predatory lending.
Dissing Congress , Ruth Colker, James J. Brudney
Dissing Congress , Ruth Colker, James J. Brudney
Faculty Scholarship
This article adopts a novel separation of powers framework to analyze the Rehnquist Court's recent decisions under the Commerce Clause and Section Five of the Fourteenth Amendment. We demonstrate in historical terms how the Court's methods for assessing the constitutional adequacy of federal laws have changed dramatically since the mid-1990s, and we argue that these new methods are undermining the proper role of Congress and producing a significant shift in the balance of power between the Branches. We identify two distinct methodologies employed by the Rehnquist Court that have resulted in growing disrespect for Congress - the "crystal ball" and …
The Uniform State Law Process: Will The Uma And Ruaa Be Adopted By The States?, James J. Brudney
The Uniform State Law Process: Will The Uma And Ruaa Be Adopted By The States?, James J. Brudney
Faculty Scholarship
Most practicing attorneys and legal academics first become aware of uniform statutes when studying the Uniform Commercial Code (UCC) in law school. Yet the UCC's widespread acceptance and periodic renewal are not the legacy that generally attends uniform law ventures This overview of the uniform statutory process offers some perspective for proponents of the recently approved Uniform Mediation Act (UMA) and Revised Uniform Arbitration Act (RUAA) as they attempt to secure enactment in multiple state legislatures.
Towards A Practice Of Deliberative Democracy: A Proposal For A Popular Branch , Ethan J. Leib
Towards A Practice Of Deliberative Democracy: A Proposal For A Popular Branch , Ethan J. Leib
Faculty Scholarship
Proposals for practical institutional reforms are notoriously absent from discussions about deliberative democracy. It is imperative to engage in the “nuts and bolts” debate of just what kinds of changes we discourse theorists or deliberative democrats want to effect. Here I would like to try to synthesize a reform proposal of my own based upon three major assumptions. Without argument, I assume a largely discourse-theoretic view of democracy that takes for granted the republican virtue of collective self-government as well as the Kantian claim that each citizen should be the author of his own laws. I further assume that our …
Congressional Accountability And Denial: Speech Or Debate Clause And Conflict Of Interest Challenges To Unionization Of Congressional Employees , James J. Brudney
Congressional Accountability And Denial: Speech Or Debate Clause And Conflict Of Interest Challenges To Unionization Of Congressional Employees , James J. Brudney
Faculty Scholarship
In 1995, Congress passed the Congressional Accountability Act, which applied federal workplace and anti-discrimination laws to Congress. Under the terms of the Act, Congress can prevent legislative staff from unionizing if the presence of organized employees would raise constitutional problems or present a conflict of interest. In this Article, Professor Brudney argues that these constitutional conflicts and issues do not pose sufficient concern to outweigh the workplace rights of congressional staff. Rather, he maintains that Congress, should either fulfill its obligations under the Act and allow legislative staff to unionize, or else enact a statute and explain the need for …
Introduction, Nicole A. Gordon
Introduction, Nicole A. Gordon
Fordham Urban Law Journal
This article introduces the subject of Volume XXVII, Issue I: an account of a From the Ground Up: Local Lessons for National Reform, a national conference on campaign finance reform held on November 9, 1998, sponsored by the New York City Campaign Finance Board and the Association of the Bar of the City of New York. It offers a brief introduction to the New York City Campaign Finance Program, including the content of several amendments since its first introduction in 1988. While the conference discussed federal campaign finance reform, the focus was on how such reform might be informed by …
Opening Remarks: The States And Cities As Federal Laboratories Of Democracy, Frederick A.O. Schwarz, Jr.
Opening Remarks: The States And Cities As Federal Laboratories Of Democracy, Frederick A.O. Schwarz, Jr.
Fordham Urban Law Journal
Mr. Schwarz’s opening remarks address the function of local and state governments in stimulating more widespread change. He begins by providing examples of such inspiration to change throughout American History. First, Mr. Schwarz discusses the role of states in forging both institutional process reforms and social, substantive, and economic changes. Next, he discusses the advantages of using localities as grounds to test social experiments. Lastly, Mr. Schwarz discusses the relationship between experimentation in localities and federalism values, both generally and with specific regard to the role of minority interests. These remarks were made at From the Ground Up: Local Lessons …
Welcoming Remarks, Michael A. Cooper, Fritz A. O'Hare S.J.
Welcoming Remarks, Michael A. Cooper, Fritz A. O'Hare S.J.
Fordham Urban Law Journal
In this transcript, first, Mr. Michael Cooper, President of the Association of the Bar of the City of New York offers welcoming remarks to the conference, describing briefly the work of the Association’s and its Special Commission on Campaign Finance Reform and the focus of the conference, specifically what can be done in the field of federal campaign finance reform based on what has been done at the state and local levels. Second, chair of the Campaign Finance Board, Father O’Hare, addressed the conference focusing on the non-partisan Board of the Campaign Finance Program in New York City as a …
Democracy At A Fair Price? Public Financing Of Elections, Trevor Potter
Democracy At A Fair Price? Public Financing Of Elections, Trevor Potter
Fordham Urban Law Journal
In this transcript, Mr. Trevor Potter, former head of the Federal Elections Commission, moderated a five-person panel on the role of contribution limits and public financing in campaign finance reforms. Acknowledging that on the federal level there is both public funding and mostly unlimited private funding, Mr. Potter posed to the panel the question of whether such a system is good for the public. Through an examination of state examples presented by the panelists, the discussion focused on how public funding is actually working. This discussion included whether public financing of communication is sufficient, particularly as compared to self-funded candidates, …
Address: The New York City Experience: Lessons For A National Future, Hon. Edward I. Koch
Address: The New York City Experience: Lessons For A National Future, Hon. Edward I. Koch
Fordham Urban Law Journal
In this address, former Mayor of New York Ed Koch discussed the successful efforts of his administration to create New York’s Campaign Finance Reform Act, a voluntary program imposing lower spending limits and detailed public disclosure requirements on candidates for the five New York City offices who chose to seek public financing. Speaking from the unique position as the first candidate to ever be fined under the Act, Mr. Koch illustrated the importance of the nonpartisan board created under the Act. He then recounted briefly the history of the program and discussed some of the specifics of the original Campaign …
Is "Sunglight" Enough? The Limitations Of Disclosure, John D. Feerick
Is "Sunglight" Enough? The Limitations Of Disclosure, John D. Feerick
Fordham Urban Law Journal
In this transcript, John D. Feerick, Dean of Fordham University School of Law, co-chair of the Special Commission on Campaign Finance Reform of the Association of the Bar of New York City and former chairman of the New York State Commission on Government Integrity, moderated a six-person panel on the importance of effective and timely disclosure of campaign finances and the troublesome impact of “issue advocacy.” Under current law, advertisements that may mention candidates and/or issues are not regulated by federal law because they do not “expressly advocate” for a particular candidate to be elected. Before the panelists spoke, Mr. …
Policing The Politicians: Models For Effective Enforcement, Nicole A. Gordon
Policing The Politicians: Models For Effective Enforcement, Nicole A. Gordon
Fordham Urban Law Journal
In this transcript, Nicole A. Gordon, Executive Director of the New York City Campaign Finance Board and chair of the Government Ethics Committee of the Association of the Bar of the City of New York, moderated a five-person panel on the importance and difficulty of effective enforcement of campaign regulations. The panel discussed the particular trouble of enforcing regulations on political activity where those who are charged with enforcement are subject to the oversight, mandates and budgets determined by the same officeholders whose conduct they are supervising. The 5 panelists were: (1) Rebecca Ávila, Executive Director of the Los Angeles …
Closing Remarks, Chris Shays
Closing Remarks, Chris Shays
Fordham Urban Law Journal
In this transcript, Mr. Begun introduced a final speaker, Congressman Christopher Shays, at From the Ground Up: Local Lessons for National Reform, a national conference on campaign finance reform held on November 9, 1998, sponsored by the New York City Campaign Finance Board and the Association of the Bar of the City of New York. Mr. Shays began by recounting the initiatives of 104th Congress, the first Republican controlled congress in forty years. He then delved into Congress’ efforts to bring soft money contributions under laws that would require disclosure. Advocating for what would become termed “campaign expenditures,” Mr. Shays …
Mediation And Some Lessons From The Uniform State Law Experience , James J. Brudney
Mediation And Some Lessons From The Uniform State Law Experience , James J. Brudney
Faculty Scholarship
Virtually every practicing attorney and legal academic first encountered uniform statutes when studying the Uniform Commercial Code (UCC) in law school. Yet the UCC's widespread acceptance and periodic renewal are not the legacy of most uniform law ventures. Taking a harder look at the uniform statutory process and its products may allow participants in a new effort to set realistic goals, or at least assist them in anticipating problems they are likely to face. This Article offers an overview and some pointers regarding the distinct challenge of developing a successful uniform mediation law. It discusses problems that stem from the …
Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski
Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski
Faculty Scholarship
A plurality on the Supreme Court seeks to establish a state-sovereignty based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional "first principles" of the Founders. These "first principles," in their view, attribute all governmental authority to "the consent of the people of each individual state, not the consent of the undifferentiated people of the Nation as a whole." Because the people of each state are the source of all governmental power, they maintain, "where the Constitution is silent about the exercise of a particular power-that is, …
Work Of Knowledge , Abner S. Greene
Work Of Knowledge , Abner S. Greene
Faculty Scholarship
Interpretation involves the acquisition of knowledge. We are continually confronted with the results of purposive action. Sometimes these results are written texts, such as statutes or novels. Other times these results are events in the physical world, actions that we observe or the results of actions about which we are told. To make sense of these results of purposive action, that is, to make the results be more than just a jumble of sense impressions, the observer must find a way of organizing the material with which he or she is presented. These methods of organizing the results of purposive …
Reflections On Group Action And The Law Of The Workplace Symposium: The Changing Workplace, James J. Brudney
Reflections On Group Action And The Law Of The Workplace Symposium: The Changing Workplace, James J. Brudney
Faculty Scholarship
Sixty years after the National Labor Relations Act (NLRA) was passed, collective action appears moribund. Current analysis burying and praising the NLRA has focused primarily on the changed economic realities of the product and labor markets. Yet there is another story to be told involving a comparable transformation of the legal culture. Relying in part on empirical analysis of court decisions, I argue that changes in federal workplace law over the past thirty years have undermined the concept of group action-in particular collective bargaining-as a preferred means of regulating the employment relationship. These changes are the product of leading institutional …
Famous Victory: Collective Bargaining Protections And The Statutory Aging Process, A , James J. Brudney
Famous Victory: Collective Bargaining Protections And The Statutory Aging Process, A , James J. Brudney
Faculty Scholarship
When it enacted the National Labor Relations Act in 1935, Congress gave statutory recognition to collectively bargained terms and conditions of employment. In recent decades, the number of cases in which the Supreme Court has interpreted the NLRA has declined, leaving the Act's interpretation and enforcement primarily to the National Labor Relations Board and the federal courts of appeals. In this Article, Professor Brudney presents the results of his study of 1,224 NLRB adjudications and their fate upon federal court review, from 1986 to 1993. Professor Brudney analyzes the reversal and affirmance data, and identifies areas of general Board-court agreement …
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.
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Faculty Scholarship
The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …
Protecting Battered Women: A Proposal For Comprehensive Domestic Violence Legislation In New York, Lisa R. Beck
Protecting Battered Women: A Proposal For Comprehensive Domestic Violence Legislation In New York, Lisa R. Beck
Fordham Urban Law Journal
This note proposes that New York implement a mandatory arrest policy for certain types of domestic violence. The author first examines New York's current methods of addressing domestic violence, including previous attempts at decriminalization, judicial remedies, and the effectiveness of orders of protection. The author then describes the issues of the current discretionary arrest policy. The note examines domestic violence legislation in other states, then proposes a comprehensive statutory scheme to address domestic violence in New York state.
The National School Lunch Act: An Unfulfilled Mandate, Joseph Degiuseppe, Jr.
The National School Lunch Act: An Unfulfilled Mandate, Joseph Degiuseppe, Jr.
Fordham Urban Law Journal
For the past thirty years, the National School Lunch Act (Act) has attempted to advance two objectives; the preservation of the health and well-being of the nation's youth and the encouragement of domestic consumption of agriculture commodities. The Act provides for aid to state educational agencies that elect to participate in the National School Lunch Program (NSLP). The national standard for eligibility for free lunches is governed by 42 U.S.C. 1758. It is unclear whether the language of section 1758 which states "[l]unches served by schools participating in the school-lunch program," applies to individual participating schools or entire school districts …
State Preparation Of Environmental Impact Statements For Federally Aided Highway Programs, Thomas Mcdonough, Jr.
State Preparation Of Environmental Impact Statements For Federally Aided Highway Programs, Thomas Mcdonough, Jr.
Fordham Urban Law Journal
The National Environmental Policy Act (NEPA), passed by Congress in 1969, has been called "the broadest and perhaps most important of the recent statutes [which attempt] . . . to control . . . the destructive engine of material progress." Despite such plaudits, NEPA has been the target of much critical legal commentary and the source of much litigation in the federal courts. Considerable controversy has centered on what is considered the core of NEPA: the required filing of an environmental impact statement (EIS) by agencies undertaking "major Federal actions significantly affecting the quality of the human environment . . …