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Articles 1 - 30 of 38
Full-Text Articles in Law
Criminal Law--Rape--Cautionary Instruction In Sex Offense Trial Relating Prosecutrix's Credibility To The Nature Of The Crime Charged Is No Longer Mandatory; Discretionary Use Is Disapproved
Fordham Urban Law Journal
Defendant was convicted of rape, oral copulation, and attempted sodomy in Superior Court, Los Angeles County. The case against him rested predominantly on the testimony of his adult victim, partially corroborated as to identity by a scratch on defendant’s forehead, and further substantiated by defendant’s “if I did it I was drunk” admission to the police. The defendant appealed alleging error by the trial judge for failing to give a mandatory cautionary instruction. The California Supreme Court held that because the defendant was entitled to the cautionary instruction the trial judge had committed error in refusing to give it. Such …
Book Review: The Roots Of Urban Discontent: Public Policy, Municipal Institutions, And The Ghetto, John Muller
Book Review: The Roots Of Urban Discontent: Public Policy, Municipal Institutions, And The Ghetto, John Muller
Fordham Urban Law Journal
The Roots of Urban Discontent extends significantly the analysis of opinion and attitude surveys undertaken pursuant to the National Advisory Commission's mandate. It is a major addition to the literature comparing urban institutions in American cities; it is also a significant contribution to the study of interactions between urban political and civic leaders and the black population and between blacks and "street-level" agents of selected public service-providing and commercial institutions in American cities in the later 1960s.
Redlining: Remedies For Victims Of Urban Disinvestment, Edward W. Larkin
Redlining: Remedies For Victims Of Urban Disinvestment, Edward W. Larkin
Fordham Urban Law Journal
This note discusses the practice of redlining, sometimes referred to as "urban disinvestment," which involves the refusal by lending institutions to provide home mortgage loans or home improvement loans to certain geographical areas or the inclusion of particularly burdensome terms or conditions on the loans. The note analyzes the possible effects of redlining, such as neighborhood deterioration, decline of communities, and the deprivation of the benefits of homeownership, especially as these effects pertain to minority groups. The note then examines the legal alternatives open to victims of redlining, including sections of the Civil Rights Acts of 1866, 1964, and 1968, …
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 …
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 …
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 . . …
Towards A Constitutional Right To Counsel In Matrimonial Litigation, Gary R. Matano
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 …
Administrative Law- Federal Water Pollution Prevention And Control Act Of 1972- Jurisdiction To Review Effluent Limitation Regulations Promulgated Pursuant To The Act By Environmental Protection Agency Lies In Circuit Courts, James C. Mcmahon, Jr.
Fordham Urban Law Journal
Plaintiffs, eight corporations engaged in the manufacture and sale of chemicals, brought an action against the Administrator of the Environmental Protection Agency (EPA seeking review of certain regulations promulgated by the Administrator under the Federal Water Pollution Prevention and Control Act of 1972 (Act). The district court dismissed the complaint for lack of subject matter jurisdiction to review the regulations. The Court of Appeals for the Fourth Circuit affirmed. It seems clear that the Supreme Court will have to decide the question of the Administrator's authority to issue effluent limitations pursuant to section 301 of the Act before the collateral …
The Limits Of State Intervention In A Municipal Fiscal Crisis, Joel E. Cohen
The Limits Of State Intervention In A Municipal Fiscal Crisis, Joel E. Cohen
Fordham Urban Law Journal
Municipal fiscal crises are becoming more frequent, causing the tradition of local control to be questioned. The problems plaguing New York City are but one example of this nation-wide trend. In order to aid the City in overcoming its fiscal crisis, New York State has created two novel agencies, the Municipal Assistance Corporation (MAC) and the Emergency Financial Control Board. MAC's major purpose is to aid the city in meeting its financial requirements, while the Control Board's main function is to monitor the City's spending. One accomplishment of these two organizations has been the implementation of drastic austerity measures that …
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 …
The Doctrine Of Collateral Estoppel In Parole Revocation, Patrick M. Reilly
The Doctrine Of Collateral Estoppel In Parole Revocation, Patrick M. Reilly
Fordham Urban Law Journal
In recent years courts have shown more recognition of the rights of parolees and probationers. Spurred by a Supreme Court decision that certain due process protections were applicable to parole revocation procedures, revocation hearings are now providing parolees and probationers some of the procedural protections available to criminal defendants at trial. Policy considerations have dictated, however, that the protections available at revocation hearings must fall far short of conferring upon the accused "the full panoply of rights due a defendant" at trial. As a result of the Supreme Court's emphasis on the difference between revocation hearings and criminal proceedings, lower …
Baankruptcy-Usury-Plaintiff's Claim For Compound Interest Ruled Usurious; Simple Interest Disallowed To Give Effect To State's Deterrence Policy, Gerald Bohm
Fordham Urban Law Journal
Usury is the charging of interest for the use of money as a rate in excess of that permitted by statute. The Bankruptcy Act allows the trustee-in-bankruptcy to plead the defense of usury to a creditor's claim. A debtor-in-possession in a Chapter XI proceeding, who has all the rights and powers of the trustee, may also assert the defense of usury. There is, however, no federal usury statute and the Bankruptcy Act defines neither usury nor its effect. To resolve the usury issue the bankruptcy court has to look to the law of the jurisdiction in which the loan arose. …
Derivative Suits: Director Demand Under Rule 23.1 And Section 36(B) Of The Investment Company Act, Archie E. Williams, Jr.
Derivative Suits: Director Demand Under Rule 23.1 And Section 36(B) Of The Investment Company Act, Archie E. Williams, Jr.
Fordham Urban Law Journal
In 1882, the Supreme Court first established the conditions precedent to an ordinary derivative action by the shareholders of a corporation. Now after over nine decades of common law development, the present conditions are embodied in Rule 23.1 of the Federal Rules of Civil Procedure. Of relatively recent interest, however, is the relationship between that Rule and section 36(b) of the Investment Act of 1940 (Act), which authorizes a derivative action by the shareholders of a registered investment company. This Note will focus on one aspect of that relationship--the requirement that a plaintiff make a demand upon the corporation's directors …
The Legality Of The Rozelle Rule And Related Practices In The National Football League, Donald Novick
The Legality Of The Rozelle Rule And Related Practices In The National Football League, Donald Novick
Fordham Urban Law Journal
Traditional rules designed to control player movement within the National Football League (NFL) have recently been challenged in two federal district courts. In Kapp v. NFL Judge Sweigert concluded that these rules constitute a violation of the antitrust laws. In Mackey v. NFL Judge Larson held that the Rozelle Rule is in violation of the antitrust laws. A prospective NFL player must sign a contract that contains an option clause which gives the employing team the right to renew a player's contract for one year beyond the time stipulated in the contract, at a compensation rate of 90% of the …
Welfare Law-Afdc-Agency-Caused Overpayments May Be Recouped By Reducing Grants Of Recipients Who Have "Disregarded" Income Available To Meet Their Standard Of Need, Keith E. Danish
Fordham Urban Law Journal
The Agency attempted to recoup the overpayments of a woman and her nine dependent children by reducing the family's AFDC grant, in accordance with a state regulation which authorized such recoupment where the welfare recipient had current income available in excess of the AFDC grant. The Federal District Court for the Southern District of New York held that the challenged recoupment policy did not violate the Social Security Act. The current heightened awareness that there are limits to state resources has resulted in the tightening and curtailment of welfare programs. Welfare agencies must make greater efforts to decrease errors which …
Municipal Bankruptcy Under The 1976 Amendments To Chapter Ix Of The Bankruptcy Act, Kenneth W. Bond
Municipal Bankruptcy Under The 1976 Amendments To Chapter Ix Of The Bankruptcy Act, Kenneth W. Bond
Fordham Urban Law Journal
This articles examines the new Chapter IX of the Bankruptcy Act, particularly its effectiveness in providing insolvent or financially distressed municipalities with a simpler and more efficient method of obtaining financial relief. The articles discusses the differences under the new Chapter IX as compared to the old Chapter IX and argues that the new Chapter IX, although not designed to accomplish more than its predecessor, is a better tool for financially distressed municipalities because it simplifies the bankruptcy process while increasing the changes of a successful reorganization of debt.
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 …
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 …
Dealer Location Clauses And The Per Se Rule: From Schwinn To Gte Sylvania, Michael W. Miller
Dealer Location Clauses And The Per Se Rule: From Schwinn To Gte Sylvania, Michael W. Miller
Fordham Urban Law Journal
This note examines vertical restraints on trade, which involves an agreement between firms at "successive stages of the distribution system. It specifically analyzes the effect of vertically imposed dealer-location clauses on competition and consumers and discusses whether such restraints are per se violations under Section 1 of the Sherman Act or whether they require analysis under the rule of reason. The note suggests that an absolute per se rule against all post-sale vertical restraints is overly broad and unjustified and calls for a more result-oriented approach in dealing with less offensive restraints on trade.
The Right To Disclosure Of Nlrb Documents Under The Freedom Of Information Act
The Right To Disclosure Of Nlrb Documents Under The Freedom Of Information Act
Fordham Urban Law Journal
This note analyzes the Freedom of Information Act (FOIA), especially as it pertains to the National Labor Relations Board (NLRB), which has been particularly affected by requests for disclosure of documents. The NLRB's function is to settle labor disputes and remedy unfair labor practices with a minimum of delay. The note argues that allowing Board proceedings to be enjoined via pre-hearing FOIA suits only encourages parties to use these suits as dilatory measures. The note suggests that the FOIA was never intended to be used as a tool of discovery and argues for a stop to the increase in discovery-injunction …
Civil Rights - Housing Discrimination - Federal Courts May Order Metropolitan Area Remedy To Correct Wrongs Committed Solely Against City Residents Where Agencies Have Statutory Authority To Conduct Activities Outside The City Limits, Andres J. Valdespino
Fordham Urban Law Journal
This case note examines the United States Supreme Court's decision in Hills v. Gautreaux, 96 S. Cy. 1538 (1976), specifically the approval of a metropolitan area remedy as a valid form of federal relief. The case resulted from a class action suit against the Chicago Housing Authority (CHA) and the Department of Housing and Urban Development (HUD), alleging racially discriminatory public housing policies and practices. Although violations of the Fourteenth Amendment occurred within the Chicago city limits, the Supreme Court held that a metropolitan remedy which included the surrounding areas outside of the city boundaries was valid and that Milliken …
Constitutional Law - Zoning Referenda - Mandatory Referenda On All Municipal Land Use Changes Do Not Violate The Due Process Clause, Beatrice Close
Constitutional Law - Zoning Referenda - Mandatory Referenda On All Municipal Land Use Changes Do Not Violate The Due Process Clause, Beatrice Close
Fordham Urban Law Journal
This case note discusses the United States Supreme Court's decision in City of Eastlake v. Forest City Enterprises, Inc., 96 S. Ct. 2358 (1976), which held that a state's decision to allow mandatory referendums on all municipal land use changes does not violate the due process clause. The case note examines the line of cases, such as Eubanks v. Richmond, 226 U.S. 137 (1912) and Washington ex rel. Seattle Trust Co. v. Roberge, 278 U.S. 116 (1928), that establish the principle that standardless delegations of power to impose restrictions on the property rights of others violated the due process clause …
Infants - Foster Families - Remove Of Foster Children From Foster Homes Without A Prior Hearing Violates Their Constitutional Rights To Procedural Due Process, Andrea G. Iason
Fordham Urban Law Journal
This case note examines the decision of the United States District Court for the Southern District of New York in Organization of Foster Familines for Equality and Reform v. Dumpson, 418 F. Supp. 277 (S.D.N.Y. 1976), which held that the removal of foster children from foster homes in which they had been living for more than one year, without a prior hearing, violated their constitutional rights to procedural due process. The court reaffirmed the concept that a child is a person under the fourteenth amendment with protected interests, such as the preference to live in a certain home, and that …
Landlord-Tenant - Repairs - Landlord Could Be Liable Under Covenant To Repair For Injuries To Tenant's Invitees Caused By Breach Of Such Agreement, Valentine J. Moretti
Landlord-Tenant - Repairs - Landlord Could Be Liable Under Covenant To Repair For Injuries To Tenant's Invitees Caused By Breach Of Such Agreement, Valentine J. Moretti
Fordham Urban Law Journal
Can a landlord be held liable under a covenant to repair for injuries to his tenant's invitees caused by the landlord's failure to repair? The new rule in New York answers yes. This case note examines the new rule in New York as held in the New York Court of Appeals' decision in Putnam v. Stout, 38 N.Y.2d 607 (1976). The Putnam decision indicates that once a landlord covenants to keep the premises in a safe condition and has received notice of the need for repairs, the landlord will be liable in tort for his breach of the covenant to …
Unwed Fathers - Adoption - Foster Care Agency Seeking Permission To Consent To Child's Adoption Need Not Always Grant Child's Unwed Father Notice And Opportunity To Be Heard, Michael A. Vaccari
Unwed Fathers - Adoption - Foster Care Agency Seeking Permission To Consent To Child's Adoption Need Not Always Grant Child's Unwed Father Notice And Opportunity To Be Heard, Michael A. Vaccari
Fordham Urban Law Journal
This case note examines the family court's decision in In re Kenneth M., 87 Misc. 2d 295, 383 N.Y.S.2d 1005 (Family Ct. 1976) where the unwed father received neither notice of the pending adoption proceeding nor an opportunity to be heard concerning his child's best interest. The case note discusses the changes in the law as to unwed fathers, through the United States Supreme Court's decision in Stanley v. Illinois, 405 U.S. 645 (1972), holding that all parents were entitled to a hearing on their fitness before their children are removed from their custody and calling for an individualized approach. …
Public Land Ownership: Frameworks For Evaluation, Edward F.C. Mcgonagle
Public Land Ownership: Frameworks For Evaluation, Edward F.C. Mcgonagle
Fordham Urban Law Journal
In November 1975, York University sponsored a Public Land Ownership Conference in Toronto, Canada. It's purpose was to examine public land ownership as a means to accomplish social objectives related to land use. This book, organized into five chapters, is an outgrowth of the conference and consists of papers prepared for the conference and commentaries made by various conferees, with the additions of a general introduction, concluding commentary, and a preface for each chapter with an introductory essay on the general theme of the chapter. A compilation of papers from various writers may pose problems for readers through the incredibly …
The New York Law Of Interstate Succession Compared With The Uniform Probate Code: Where There's No Will There's A Way, Julian R. Kossow
The New York Law Of Interstate Succession Compared With The Uniform Probate Code: Where There's No Will There's A Way, Julian R. Kossow
Fordham Urban Law Journal
The purpose of this Article is to analyze, compare, and contrast New York’s law of intestacy with that of the Uniform Probate Code (Code). The Article may serve as a basis for estimating the impact on existing concepts of descent and distribution should New York adopt the Code. It addresses itself to the law of intestate succession, delves into present New York law on the subject, examines corresponding sections of the Code, analyzes the differences, and arrives at an evaluation of the benefits and detriments that adoption of the Code would bring. The final analysis reveals that, on balance, the …
Toward Equal Delivery Of Municipal Services In The Central Cities, Kenneth W. Bond
Toward Equal Delivery Of Municipal Services In The Central Cities, Kenneth W. Bond
Fordham Urban Law Journal
Urban living has become inevitable for most Americans in central cities and government assistance has risen steadily to help the masses crowded in the urban complex. Legislation has been aimed at equalizing the opportunity for employment, decent housing, voting, education, basic social welfare, and a host of other concerns considered elemental for the fulfillment of the “American dream.” Until recently, the courts have been slow to act affirmatively to remedy the inequities related to the enforcement of such legislation. Recent cases suggest an attitude of benign complacency in the Supreme Court, allowing it to ignore critical socio-economic problems in the …
A Critique Of Lawyers' Ethics In An Adversary System, William R. Meagher
A Critique Of Lawyers' Ethics In An Adversary System, William R. Meagher
Fordham Urban Law Journal
Monroe Freedman’s book is largely a reiteration of his unorthodox views, previously aired in various law reviews and other professional publications, regarding ethical standards that should govern the conduct of the trial advocate. Since his positions contradict the behavioral principles codified in two publications of the American Bar Association—the Code of Professional Responsibility and the Standards Relating to the Defense Function—the author adopts the apologetic strategy of impugning both the credibility and the viability of these precepts in order to justify his contrary stance and to clear the way for its general acceptance.
Selecting A Remedy For Private Racial Discrimination: Statutes In Search Of Scope, John M. Peterson
Selecting A Remedy For Private Racial Discrimination: Statutes In Search Of Scope, John M. Peterson
Fordham Urban Law Journal
Racial discrimination in the United States has been effectively attacked in both the legislatures and the courts for over a hundred years. Enslavement of blacks in the American South prompted adoption of the thirteenth amendment and the Reconstruction Civil Rights Acts enacted pursuant to the amendment’s enabling clause. These laws sought primarily to elevate the status of the black freedman by granting him rights equal to those enjoyed by white citizens. The most far-reaching of these statutes is 42 U.S.C. § 1981, derived from the Civil Rights Act of 1866, which insures to all persons the same right to make …