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Articles 241 - 270 of 273
Full-Text Articles in Law
Some Reflections On New York City's Disability Law, Robert Hammel
Some Reflections On New York City's Disability Law, Robert Hammel
Fordham Urban Law Journal
The article provides a broad overview of general disability law, and the distinctive features of New York City's disability law. The author introduces American human rights law as distinct in that it does not purport to advance the needs of the disabled, but merely penalizes individuals found to discriminate against them. After providing a definition of disability discrimination by drawing parallels to race, the article outlines the impacts of New York City's uniquely broad definition of disability. Finally, the author draws on case studies to illustrate the problems in fashioning remedies for discrimination violations.
Some Reflections On New York City's Disability Law, Robert Hammel
Some Reflections On New York City's Disability Law, Robert Hammel
Fordham Urban Law Journal
The article provides a broad overview of general disability law, and the distinctive features of New York City's disability law. The author introduces American human rights law as distinct in that it does not purport to advance the needs of the disabled, but merely penalizes individuals found to discriminate against them. After providing a definition of disability discrimination by drawing parallels to race, the article outlines the impacts of New York City's uniquely broad definition of disability and concludes that the disabled are inevitably given less relief than a model which understands their needs, while at the same time the …
Persistent Misconceptions: A Response To Robert Hammel, Janet Eriv
Persistent Misconceptions: A Response To Robert Hammel, Janet Eriv
Fordham Urban Law Journal
In this response to Robert Hammel's Some Reflections on New York City's Disability Law, the author intends to show that the assumptions underlying Hammel's reflect paternalistic and attitudinal problems that disability law was meant to counteract. The author first provides an overview of civil rights law to argue that disability law fits into traditional anti-discrimination law. The article then examines specific concepts central to disability law, and argues that the federal experience of disability law may be useful in interpreting New York City's disability law. The article then challenges specific contentions offered by Hammel, and argues that his conclusions are …
The Application Of Civil Rights Laws To Housing Cooperatives: Are Co-Ops Bastions Of Discriminatory Exclusion Or Self-Selecting Models Of Community-Based Living?, Rosemarie Maldonado, Robert D. Rose
The Application Of Civil Rights Laws To Housing Cooperatives: Are Co-Ops Bastions Of Discriminatory Exclusion Or Self-Selecting Models Of Community-Based Living?, Rosemarie Maldonado, Robert D. Rose
Fordham Urban Law Journal
Despite one of the nation's broadest civil rights laws for residents of housing cooperatives, few of New York City's discrimination claims in the cooperative housing market are pursued. In this article, the authors provide an overview of the cooperative housing market in New York City, including anecdotal evidence of discrimination. Next, the article discusses the legal framework of the housing cooperative before a brief analysis of city, state and federal anti-discrimination laws applicable to cooperatives. Finally, the article undertakes an analysis of cases in which antidiscrimination laws have been applied to cooperatives. The author concludes with recommendations for cooperatives and …
A New Sword To Slay The Dragon: Using New York Law To Combat Environmental Racism, Kimberlianne Podlas
A New Sword To Slay The Dragon: Using New York Law To Combat Environmental Racism, Kimberlianne Podlas
Fordham Urban Law Journal
In this article, the author explores legal strategies available to New York plaintiffs seeking to raise an environmental racism claim. In Part I, the article provides a brief overview of the problem of environmental racism. Part II highlights the interplay between state and federal law, explaining the superiority of state laws in developing strategies for novel legal claims. This is surprising because no plaintiff has filed such a claim under state law in New York. The author concludes with the substantive areas of New York state law-both statutory and constitutional- available to plaintiffs making an environmental racism claim and also …
Commercial Litigation In New York State Courts Robert L. Haig, Editor, Honorable Israel Rubin
Commercial Litigation In New York State Courts Robert L. Haig, Editor, Honorable Israel Rubin
Fordham Urban Law Journal
This book review briefly provides an overview of a three-volume series on commercial litigation in New York. In addition to reviewing the structure of the three volumes, the reviewer argues that the series exemplifies both immense breadth and depth, and will be useful for practitioners to consult in New York.
Separate And Unequal: A Comment On The Urban Development Aspect Of Brownfields Programs, Georgette C. Poindexter
Separate And Unequal: A Comment On The Urban Development Aspect Of Brownfields Programs, Georgette C. Poindexter
Fordham Urban Law Journal
Several states and the federal government have proposed and enacted what are termed "Brownfields Programs." These initia- tives have two goals: 1) creation of employment in economically distressed areas surrounded by urban "brownfields" (contami- nated properties); and 2) preservation of "greenfields" (pristine land) from development. This Article discusses the efficacy of the urban development aspect of these initiatives. Specifically it argues that while cities (notably those in the northeast and northcentral United States) may have suffered the impact of deindustrialization disproportionately to their respective suburbs,these programs create a duality of environmental protection that will consign the cities to permanent second …
Zoning Adult Establishments In New York: A Defense Of The Adult-Use Zoning Text Amendments Of 1995, James E. Berger
Zoning Adult Establishments In New York: A Defense Of The Adult-Use Zoning Text Amendments Of 1995, James E. Berger
Fordham Urban Law Journal
This article examines New York City's first attempt to regulate adult entertainment establishments through zoning provisions. Specifically, it discusses whether the adult-use zoning provisions comply with federal and state constitutional requirements, and it examines whether the adult-use amendments would cause a reduction in adult-use establishments in New York City, which would render the amendments constitutionally suspect, and whether its inclusion of topless bars renders the amendments overbroad. The author concludes that the adult-use amendments are consistent, with both federal and state constitutional requirements, and that the adult-use amendments will survive judicial scrutiny.
An Egalitarian's Market: The Economics Of Inclusionary Zoning Reclaimed, Andrew G. Dietderich
An Egalitarian's Market: The Economics Of Inclusionary Zoning Reclaimed, Andrew G. Dietderich
Fordham Urban Law Journal
This article discusses the economic effects of residential zoning, and how zoning might be used to create more affordable housing for the poor in America. The author explains the three legal regimes of inclusionary zoning, namely, voluntary inclusion programs, mandatory set-asides with density bonuses, and mandatory set-asides without density bonuses. While he offers no advice on how to implement any of the three regimes, he notes that the choice between the pure buyer's remedy and an inclusionary program with set asides depends on the buying power of the target population. Based on the economic situation of that target population, a …
Automatic Stays And Governmental Operations: How New York State Protects The Government From The Poor, Jack E. Pace Iii
Automatic Stays And Governmental Operations: How New York State Protects The Government From The Poor, Jack E. Pace Iii
Fordham Urban Law Journal
This note discusses two New York state procedural rules that endanger the poor by giving special treatment to the defendant whom low income plaintiffs most often face in court. First, the New York Civil Practice Law and Rules ("CPLR") allows the government an automatic stay, pending appeal, of all proceedings to enforce an adverse judgment or order. Second, The New York Court of Appeals' "governmental operations" rule creates a presumption against certifying class actions when the challenged action is a governmental operation. The author argues that these rules unfairly limit the ability of poor people to recover against the government …
"One Manner Of Law": The Supreme Court, Stare Decisis And The Immigration Law Plenary Power Doctrine, Anne E. Pettit
"One Manner Of Law": The Supreme Court, Stare Decisis And The Immigration Law Plenary Power Doctrine, Anne E. Pettit
Fordham Urban Law Journal
This note examines the extreme deference the Court gives to Congress in the realm of immigration legislation. The author argues that, in Planned Parenthood of Southeastern Pennsylvania v. Casey, the Supreme Court's analysis of stare decisis, precedent and the rule of law provides a strikingly effective paradigm through which to view the history of Supreme Court immigration rulings. Viewed through the Court's own analysis of its power to make and revise precedent decisions, the immigration plenary power doctrine's jurisprudential shortcomings become more evident and the arguments to overturn the doctrine become more powerful. This Note concludes that no principled constitutional …
Voluntary Environmental Compliance Auditing: A Primer, Somendu B. Majumdar
Voluntary Environmental Compliance Auditing: A Primer, Somendu B. Majumdar
Fordham Environmental Law Review
No abstract provided.
Parallel Proceedings And The Fifth Amendment's Double Jeopardy Clause, Ed Neafsey, Edward R. Bonanno
Parallel Proceedings And The Fifth Amendment's Double Jeopardy Clause, Ed Neafsey, Edward R. Bonanno
Fordham Environmental Law Review
No abstract provided.
Ounces Of Prevention And Pounds Of Cure: Developing Sound Policies For Environemtnal Compliance Programs, Lucia Ann Silecchia
Ounces Of Prevention And Pounds Of Cure: Developing Sound Policies For Environemtnal Compliance Programs, Lucia Ann Silecchia
Fordham Environmental Law Review
No abstract provided.
Keynote Adress, Dennis C. Vacco
Keynote Adress, Dennis C. Vacco
Fordham Environmental Law Review
No abstract provided.
Iso 14000: Potential Compliance And Prevention Guidelines For Epa And Doj, Henry P. Baer Jr
Iso 14000: Potential Compliance And Prevention Guidelines For Epa And Doj, Henry P. Baer Jr
Fordham Environmental Law Review
No abstract provided.
Moral Issues In Environmental Crime, Susan F. Mandiberg
Moral Issues In Environmental Crime, Susan F. Mandiberg
Fordham Environmental Law Review
No abstract provided.
Mens Rea In Environmental Criminal Law: Reading Supreme Court Tea Leaves, Richard J. Lazarus
Mens Rea In Environmental Criminal Law: Reading Supreme Court Tea Leaves, Richard J. Lazarus
Fordham Environmental Law Review
No abstract provided.
Local Environmental Prosecutions: Coordinating Law Enforcement And Regulatory Agency Resources, Robert J. Owens
Local Environmental Prosecutions: Coordinating Law Enforcement And Regulatory Agency Resources, Robert J. Owens
Fordham Environmental Law Review
No abstract provided.
Proof Of Knowledge Under Rcra And Use Of The Repsonsible Corporate Officer Doctrine, Barbara Ditata
Proof Of Knowledge Under Rcra And Use Of The Repsonsible Corporate Officer Doctrine, Barbara Ditata
Fordham Environmental Law Review
No abstract provided.
Environmental Audit Policy, Mark L. Manewitz
Environmental Audit Policy, Mark L. Manewitz
Fordham Environmental Law Review
No abstract provided.
Lesser Included Offense Analysis Of Environmental Crimes, Mark L. Manewitz, Vicki J. Isler, Nancy R. Westpahl
Lesser Included Offense Analysis Of Environmental Crimes, Mark L. Manewitz, Vicki J. Isler, Nancy R. Westpahl
Fordham Environmental Law Review
No abstract provided.
Structures Of Environmental Criminal Enforcement, Michael Hertz
Structures Of Environmental Criminal Enforcement, Michael Hertz
Fordham Environmental Law Review
No abstract provided.
Environmetnal Self-Audit Privilege: The Straw That Breaks The Back Of Criminal Prosecutions, Linda A. Spahr
Environmetnal Self-Audit Privilege: The Straw That Breaks The Back Of Criminal Prosecutions, Linda A. Spahr
Fordham Environmental Law Review
No abstract provided.
Federalism And Environmental Quality: A Case Study Of Packaging Waste Rules In The European Union, Carole Stuart Comer
Federalism And Environmental Quality: A Case Study Of Packaging Waste Rules In The European Union, Carole Stuart Comer
Fordham Environmental Law Review
No abstract provided.
Dolphins, Sea Turtles, And Finnish Elks: Is The Court Of International Trade The Proper Forum For Environmental Disputes?, Birgit Kurtz
Dolphins, Sea Turtles, And Finnish Elks: Is The Court Of International Trade The Proper Forum For Environmental Disputes?, Birgit Kurtz
Fordham Environmental Law Review
No abstract provided.
Judicial Utilization Of Scientific Evidence In Complex Environmental Torts: Redifining Litigation Driven Research, Keum J. Park
Judicial Utilization Of Scientific Evidence In Complex Environmental Torts: Redifining Litigation Driven Research, Keum J. Park
Fordham Environmental Law Review
No abstract provided.
Desginations Of Critical Habitat Persuant To The Endangered Species Act: Does Nepa Apply?, David G. Perillo
Desginations Of Critical Habitat Persuant To The Endangered Species Act: Does Nepa Apply?, David G. Perillo
Fordham Environmental Law Review
No abstract provided.
The Importance Of Due Diligence In Commercial Transactions: Avoiding Cercla Liability, Ram Sundar, Bea Grossman
The Importance Of Due Diligence In Commercial Transactions: Avoiding Cercla Liability, Ram Sundar, Bea Grossman
Fordham Environmental Law Review
No abstract provided.
Anilca Section 810: An Undervalued Protection For Laskan Villagers' Subsistence, Joris Naiman
Anilca Section 810: An Undervalued Protection For Laskan Villagers' Subsistence, Joris Naiman
Fordham Environmental Law Review
No abstract provided.