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Articles 1 - 26 of 26
Full-Text Articles in Law
Retribution: New York's Answer To The Multiple Felony Offender, Edward P. Abbot
Retribution: New York's Answer To The Multiple Felony Offender, Edward P. Abbot
Fordham Urban Law Journal
On May 31, 1983, Governor Cuomo signed an amendment to the New York Penal Law into effect. This amendment significantly increases the maximum prison term for multiple felony offenders. This amendment is primarily a provision, which stems from a retributivist theory of punishment. The intent of this amendment is twofold: first, to do justice by implementing a punishment more proportionate to the severity of the offender's crime(s) and second, to incapacitate the offender by his extended removal from society. Retribution has been an accepted rationale for imposing punishment and remains so today. Thus, the statute deserves prompt judicial recognition.
Representational Rights Of Security Guards Under The National Labor Relations Act: The Need For A Balancing Of Interests, Vivian A. Rattay
Representational Rights Of Security Guards Under The National Labor Relations Act: The Need For A Balancing Of Interests, Vivian A. Rattay
Fordham Urban Law Journal
The private security industry is experiencing great prosperity. Despite the job opportunities in the industry, however, there are various problems endemic to employment as a security guard. Wages are usually low and risks can be high. While union membership has increased among security guards, collective bargaining has been unsuccessful in alleviating the occupation's problems. Section 9(b)(3) of the National Labor Relations Act specifically prevents the Board from finding a unit appropriate if it includes both guards and non-guards. This section cannot be applied properly without first considering the Act's overall policies and Congress' specific intention in passing this section. Meanwhile, …
New York City's Locally Based Enterprise Set-Aside: Legitimate Exercise Of Mayoral Power Or Unconstitutional Quota In Disguise? , Stephen L. Weinstein
New York City's Locally Based Enterprise Set-Aside: Legitimate Exercise Of Mayoral Power Or Unconstitutional Quota In Disguise? , Stephen L. Weinstein
Fordham Urban Law Journal
Within the realm of affirmative action, there is disagreement on the means selected to reach the ultimate goal. For example, some programs have involved preferential treatment for members of disadvantaged groups at the expense of those individuals who are not in the minority. Such programs have been challenged on equal protection grounds as "reverse discrimination." In New York City, mayors have implemented executive orders prescribing minority hiring goals and other preferential treatment. Order No. 71, for example, conditioned the awarding of city construction contracts upon submission by the bidder of an affirmative action program. Executive Order No. 53 attempted to …
Challenges To Employment Testing Under Title Vii: Creating "Built In Headwinds" For The Civil Service Employer, Ellen Zweig
Challenges To Employment Testing Under Title Vii: Creating "Built In Headwinds" For The Civil Service Employer, Ellen Zweig
Fordham Urban Law Journal
Since the Supreme Court held in Griggs that Title VII of the Civil Rights Act of 1964 prohibits employers from using employment selection systems which are not job-related or which act as "built in headwinds" for minorities, employment tests have been subject to more challenges in courtrooms. Since Griggs, courts have presumed employment tests challenged pursuant to Title VII to be invalid once the plaintiffs establish that the tests produce an adverse impact upon minorities. However, these courts have not suggested many alternative methods of testing and those that have been suggested are generally unworkable for employers who must comply …
The Effect Of Collective Bargaining On The Baseball Antitrust Exemption, Scott A. Dunn
The Effect Of Collective Bargaining On The Baseball Antitrust Exemption, Scott A. Dunn
Fordham Urban Law Journal
Baseball remains the only professional sport exempt from anti-trust scrutiny. Because of this unique status, baseball players have not pursued anti-trust lines of attack. Some now say that baseball players no longer need to depend on the anti-trust laws to effectuate modifications in their reserve system. Such commentators say that because of the equal bargaining strength of the parties, the labor exemption would operate to shelter from scrutiny even a term that was unilaterally imposed by the owners. In Federal Baseball Club of Baltimore, Inc. v. National League of Professional Baseball Clubs, the Supreme Court held that the baseball industry …
Availability Of A New York Class Action For Railroad Commuters: David V. Goliath, Maura E. O'Sullivan
Availability Of A New York Class Action For Railroad Commuters: David V. Goliath, Maura E. O'Sullivan
Fordham Urban Law Journal
A class action brought under the New York statute (modeled after Federal Rule 23 of Civil Procedure) is an appropriate procedural device for remedying the continual breaches of the commuter carriage contract. In Pennsylvania Railroad Co. v. Puritan Coal Mining Co., the Supreme Court held that the common law mandates that common carriers treat passengers reasonably. Additionally, in the contract carriage, the carrier impliedly guarantees that the vehicle is in sound and proper order. Individual suits, unfortunately, have little effect on the actions of the common carriers; only nominal damages have been awarded in commuter actions against railroads for equipment …
The Federal Judiciary's Role In The Prevention Of Communicable Diseases In State Prisons , Anthony L. Paccione
The Federal Judiciary's Role In The Prevention Of Communicable Diseases In State Prisons , Anthony L. Paccione
Fordham Urban Law Journal
Control over the spread of communicable diseases in prisons is a particularly important goal. The prison setting compounded with the high incidence of disease among entering inmates creates a potent combination for the spread of communicable diseases, such as AIDS and tuberculosis. Insufficient state legislation and unresponsive prison administrators have forced prisoners to seek federal judicial relief. However, federal courts have been reluctant to intervene due to the state interests of federalism and separation of powers. The prohibition against cruel and unusual punishment is not limited to specific acts directed at selected individuals, but is equally applicable to general prison …
An Outsider Looks At Insider Trading: Chiarella, Dirks And The Duty To Disclose Material Nonpublic Information , Frank P. Luberti, Jr.
An Outsider Looks At Insider Trading: Chiarella, Dirks And The Duty To Disclose Material Nonpublic Information , Frank P. Luberti, Jr.
Fordham Urban Law Journal
The "abstain or disclose" rule, which states that persons in possession of material non-public information must either disclose that information or refrain from trading on such information, is at the heart of insider trading law. Despite the complex legal system designed to thwart insider trading, the community's widespread criticism of such conduct, and the risk of civil and/or criminal sanctions for violation of federal securities law, insider trading cases have been on the rise. This Note argues that a more serious stance against insider trading must be taken in order to achieve the federal securities laws' purposes and so that …
The New York State Environmental Quality Review Act Of 1975: An Analysis Of The Parties' Responsibilities In The Review/Permit Request Process, Gerald M. Levine
The New York State Environmental Quality Review Act Of 1975: An Analysis Of The Parties' Responsibilities In The Review/Permit Request Process, Gerald M. Levine
Fordham Urban Law Journal
The New York State Environmental Quality Review Act (SEQRA) was enacted in 1975 in order to declare a state policy which encourages "productive and enjoyable harmony between man and his environment." SEQRA commanded agencies to fulfill it policies and goals, and established a new layer of procedures to be followed as a prerequisite to permit issuance where the proposed action may have a significant affect on the environment. Further, SEQRA directed the Commissioner of Environmental Conservation to adopt rules and regulations to implement these policies, with which state and local agencies must comply. In particular, before a person may undertake …
Computer Abuse: The Emerging Crime And The Need For Legislation, Elizabeth A. Glynn
Computer Abuse: The Emerging Crime And The Need For Legislation, Elizabeth A. Glynn
Fordham Urban Law Journal
Advancements in computerization and the growing use of computers in business, government, education, and the private sector has resulted in the expanding potential for criminal infiltration. The problems of computer crime are in great part attributable to the shortcomings of our criminal laws, which were written long before there was knowledge of computer crimes. Moreover, there is a reluctance of our legal establishments to adapt to the new technology's potential harm. This Note urges that new federal legislation be passed as a means to counteract future computer crimes.
New York City's J-51 Program: Controversy And Revision, Debra S. Vorsanger
New York City's J-51 Program: Controversy And Revision, Debra S. Vorsanger
Fordham Urban Law Journal
New York City administers a real estate tax incentive program, called the J-51 program, for eligible building owners who rehabilitate existing structures. Despite the need for such a program, various problems and abuses arose, emphasizing the need for major reform. Economic conditions changed the housing market and the tax incentives demonstrated several deleterious effects which contravene the original legislative intent of the program. After long negotiations surrounding several competing arguments, reforms were made. The current revisions were necessary to correct the abuses and to return the program to its original purpose of providing adequate housing for moderate and lower income …
The Employee Retirement Income Security Act Of 1974 And Union Influence In Pension Fund Investment Decisions, Gerald P. Cunningham
The Employee Retirement Income Security Act Of 1974 And Union Influence In Pension Fund Investment Decisions, Gerald P. Cunningham
Fordham Urban Law Journal
Unions will eventually attempt to gain a voice in the direction of the investment of pension funds to which their members contribute. The Employee Retirement Income Security Act of 1974 (ERISA) contains provisions relating to fiduciary duty which may bar union influence over the investment decision-making process. This Note addresses the issue of whether a union-appointed fiduciary may influence investment decisions to incidentally benefit the union without violating the fiduciary duty provisions of ERISA. Ultimately, Courts should apply a materiality standard when interpreting the fiduciary duty provision of ERISA. The issue should be whether the investment decision was materially affected …
Dispute Resolution In Commodities Futures, Dorothy Matthews Freeburg
Dispute Resolution In Commodities Futures, Dorothy Matthews Freeburg
Fordham Urban Law Journal
The commodities futures industry is experiencing rapid growth and a consequential rise in disputes between industry professionals and customers. In response to the growing number of disputes, the industry offers customers several methods for resolution, including the recently added National Futures Association (NFA). The NFA fills a gap in previously available forums, as it offers a much needed uniform and nationwide system of arbitration with jurisdiction over multi-exchange disputes. This Note suggests that requiring the exchanges to refer disputes to NFA and to include NFA as the forum for arbitration in pre-dispute arbitration agreements would greatly enhance the effectiveness of …
Terminating Social Security Disability Benefits: Another Burden For The Disabled?, Beth S. Glassman
Terminating Social Security Disability Benefits: Another Burden For The Disabled?, Beth S. Glassman
Fordham Urban Law Journal
Recent legislation has led to removal of more than 374,000 individuals from the Social Security disability rolls. After a study indicated that a significant percentage of beneficiaries were not actually entitled to Social Security disability payments, the Act was amended to provide for mandatory and frequent review of nearly all individuals on disability, resulting in the rise in removals. Removing large numbers of disabled individuals from the disability rolls shifts the responsibility for their care from the federal to the municipal level. While circuits do not have a unified view of the burden of proof in disability benefit termination proceedings, …
The Federal Role In Social Ordering: Lessons From Labor Protection In Urban Mass Transit, Stephen D. Holt, Stephen D. Holt, Stephen D. Holt, Stephen D. Holt
The Federal Role In Social Ordering: Lessons From Labor Protection In Urban Mass Transit, Stephen D. Holt, Stephen D. Holt, Stephen D. Holt, Stephen D. Holt
Fordham Urban Law Journal
The purpose of this Article is to highlight lessons that may be learned from the area of labor protection in urban mass transit. Public transportation is quite relevant to the issues of federal influence on local public service delivery, because the local transit industry is presently governed my the Urban Mass Transportation Act (UMT Act). This Article traces the development of federal intervention in the urban mass transit industry. This Article goes on to review labor relations in urban mass transit and the policy of federal labor protection. It also examines section 13(c) of the UMT Act. This Article considers …
Juvenile Detention Hearings: A Proposed Model Provision To Limit Discretion During The Preadjudicatory Stage, Carol Bombardi, Carol Bombardi, Carol Bombardi, Carol Bombardi
Juvenile Detention Hearings: A Proposed Model Provision To Limit Discretion During The Preadjudicatory Stage, Carol Bombardi, Carol Bombardi, Carol Bombardi, Carol Bombardi
Fordham Urban Law Journal
This Note addresses constitutional issues relevant to pretrial detention and identifies problematic aspects in the existing juvenile justice system. It examines state and model provisions regarding the detention of youths prior to trial and concentrates on the inclusion of the detention hearing as an element of detention schemes. This Note proposes a model state provision that utilizes the detention hearing to protect the preadjudicatory rights of juveniles and to reduce the risk that detention will be unnecessarily ordered.
Municipal Tort Liability For Criminal Attacks Against Passengers On Mass Transportation, Robert S. Ondrovic, Robert S. Ondrovic, Robert S. Ondrovic, Robert S. Ondrovic
Municipal Tort Liability For Criminal Attacks Against Passengers On Mass Transportation, Robert S. Ondrovic, Robert S. Ondrovic, Robert S. Ondrovic, Robert S. Ondrovic
Fordham Urban Law Journal
This Note discusses municipal tort liability for criminal attacks against passengers. The analysis focuses upon the liability of the New York City Transit Authority (TA). Comparisons are made to other mass transit systems in order to examine various theories concerning the duty owed by the municipally-run transit system to its passengers. Recommendations are offered to construct a clear standard of care with corresponding limits on liability. Further, this Note discusses various safety measures and will analyze the issues of whether the TA has assumed a duty to protect its passengers by developing such measures to combat subway crime and the …
Sale-Leaseback Transactions By Tax-Exempt Entities And The Need For Congressional Guidelines, William L. Vallee, Jr., William L. Vallee, Jr., William L. Vallee, Jr., William L. Vallee, Jr.
Sale-Leaseback Transactions By Tax-Exempt Entities And The Need For Congressional Guidelines, William L. Vallee, Jr., William L. Vallee, Jr., William L. Vallee, Jr., William L. Vallee, Jr.
Fordham Urban Law Journal
This Note explores the use, mechanics, and financial and tax ramifications of sale-leaseback transactions, focusing on their growing use by tax-exempt entities and the concerns this use has created in Congress. This analysis demonstrates that these transactions do not pose the problems feared by Congress, the Treasury Department (IRS), and the current Administration. Furthermore, it will show that under most circumstances sale-leaseback transactions by tax-exempt entities, although causing a revenue loss, are a useful device for providing certain tax-exempt entities with the financial means to maintain services in the face of rising costs and the withdrawal of federal funding. Finally, …
Stop And Frisk In New York: Fleeing Suspects And Anonymous Tips, Kenneth M. Dorros, Kenneth M. Doros, Kenneth M. Doros, Kenneth M. Doros
Stop And Frisk In New York: Fleeing Suspects And Anonymous Tips, Kenneth M. Dorros, Kenneth M. Doros, Kenneth M. Doros, Kenneth M. Doros
Fordham Urban Law Journal
This Note focuses on two areas of uncertainty: the authority to stop and frisk fleeing suspects and the appropriate grounds to stop and frisk a suspect based on an anonymous tip. Four years ago, the ambiguities of a controversial New York Court of Appeals decision threw the lower courts into disarray as the standard of suspicion necessary to justify a police officer's pursuit of a fleeing suspect. This Note attempts to clarify those ambiguities and suggests a more reasonable approach for adoption by the court of appeals. This Note also explores the extent to which an anonymous tip can serve …
Local Government Action And Antitrust Policy: An Economic Analysis, Timothy J. Brennan, Timothy J. Brennan, Timothy J. Brennan, Timothy J. Brennan
Local Government Action And Antitrust Policy: An Economic Analysis, Timothy J. Brennan, Timothy J. Brennan, Timothy J. Brennan, Timothy J. Brennan
Fordham Urban Law Journal
At least partly as a result of the Supreme Court decision in Community Communications Co. v. City of Boulder, cities are facing antitrust challenges to their rights to franchise cable television systems. Other municipal activities have been similarly challenged. The prospect of costly and uncertain antitrust litigation challenging local government actions will restrict the scope and extent of local regulatory activity. Such restrictions could, in turn, preempt city residents' ability to choose, through their elected representatives, the goods and services they prefer. This Article proposes that as a mater of policy the burden of proving a municipal antitrust violation should …
Unfair Dismissal: Emerging Issues In The Use Of Arbitration As A Dispute Resolution Alternative For The Nonunion Workforce, Eva Robins, Eva Robins, Eva Robins, Eva Robins
Unfair Dismissal: Emerging Issues In The Use Of Arbitration As A Dispute Resolution Alternative For The Nonunion Workforce, Eva Robins, Eva Robins, Eva Robins, Eva Robins
Fordham Urban Law Journal
This Article reviews the concept of just cause as a test for termination of employment and its applicability to the nonunion workforce. It addresses the feasibility of applying dispute resolution mechanisms found workable in labor-management relations under union contracts to employment-at-will disputes. It further outlines the standards and criteria utilized in the arbitration process and recognizes some problems of proof, evidence, remedy and procedure that will arise from the application of alternative methods of resolution to nonunion disputes. Finally, this Article identifies a substantial number of issues that need to be resolved if arbitration of just cause for termination of …
Proving Qualification In A University Setting: Mcdonnell Douglas And The Tenure Cases, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman
Proving Qualification In A University Setting: Mcdonnell Douglas And The Tenure Cases, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman
Fordham Urban Law Journal
The scenario is frequently the same: a minority candidate who holds a probationary faculty position at a college or university is denied tenure. Though the institution claims that the denial was based on the candidate's deficiency in one of three important areas, he suspects that, in reality, the denial was based on his minority status. The unsuccessful candidate's recourse, after exhausting internal grievance procedures, is to sue under Title VII of the Civil Rights Act of 1964. In 1973, the Supreme Court in McDonnell Douglas v. Green described for the first time a method of analysis to be utilized in …
Zoning New York City To Provide Low And Moderate Income Housing - Can Commercial Developers Be Made To Help?, Carl J. Rossi, Carl J. Rossi, Carl J. Rossi, Carl J. Rossi
Zoning New York City To Provide Low And Moderate Income Housing - Can Commercial Developers Be Made To Help?, Carl J. Rossi, Carl J. Rossi, Carl J. Rossi, Carl J. Rossi
Fordham Urban Law Journal
Lower income New York City residents are faced with a housing emergency. Concurrently, commercial and luxury residential development is expanding. New York is considering adopting an approach to the housing shortage which has been taken in several other cities. The plan advocates amendment of the City's zoning ordinance to require developers of commercial and luxury residential projects to provide the City with lower income housing units. This Note examines the proposed requirement that commercial developers provide lower income housing units. It addresses the question of the validity of such a requirement in the context of New York City's statutory authority …
Nonemergency Municipal Curfew Ordinances And The Liberty Interests Of Minors, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill
Nonemergency Municipal Curfew Ordinances And The Liberty Interests Of Minors, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill
Fordham Urban Law Journal
Most crimes committed in the United States occur in cities, and a large proportion of these crimes are committed by juveniles under the age of eighteen. Although the total number of reported Crime Index offenses decreased slightly in 1982, surveys of popular attitudes toward crime show an increased fear of crime, especially among persons living in urban areas. One way states have addressed this challenge is by enacting nonemergency juvenile curfew amendments. This Note examines these amendments recently enacted in Trenton and Newark, New Jersey, and the Detroit, Michigan, ordinance which has recently been strictly enforced as part of a …
N.Y. General Municipal Law Section 50-E(5): Ameliorating New York's Notice Of Claim Requirements, Lawrence M. Nessenson, Lawrence M. Nessenson, Lawrence M. Nessenson, Lawrence M. Nessenson
N.Y. General Municipal Law Section 50-E(5): Ameliorating New York's Notice Of Claim Requirements, Lawrence M. Nessenson, Lawrence M. Nessenson, Lawrence M. Nessenson, Lawrence M. Nessenson
Fordham Urban Law Journal
A multitude of provisions scattered throughout New York's consolidated and unconsolidated laws require that plaintiffs serve "notice of claim" of their tort actions on defendant public corporations. New York General Municipal Law section 50-e governs New York procedure for serving this notice of claim upon public corporations including when and upon whom service should be made, the form and contents of the notice of claim, and how notice of claim may be served. Compliance with the requirements of section 50-e is a condition precedent to commencement of a tort action against a public corporation wherever such notice of claim is …
Post-Sale Obligations Of Product Manufacturers , John S. Allee
Post-Sale Obligations Of Product Manufacturers , John S. Allee
Fordham Urban Law Journal
In products liability law, a post-sale warning exists when the manufacturer learns after a product is distributed that it failed to warn of a danger that was knowable at the time of sale. However, a manufacturer has no point-of-sale duty to warn of dangers from unforeseeable misuses or alterations of its products. When a product develops a post-sale problem because of an improvement in the state of the art (e.g. because of the development of a more effective safety device), there is no requirement that a manufacturer seek out past customers and notify them of changes in the state of …