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Fordham Law School

Fordham Urban Law Journal

Journal

1989

Articles 1 - 11 of 11

Full-Text Articles in Law

Mitchell-Lama Buyouts: Policy Issues And Alternatives, David J. Sweet, John D. Hack Jan 1989

Mitchell-Lama Buyouts: Policy Issues And Alternatives, David J. Sweet, John D. Hack

Fordham Urban Law Journal

The Mitchell-Lama program, which provides loans to developers in exchange for those developers providing affordable housing, faces a serious problem as developers attempt to take advantage of a provision in the program that allows them to opt-out by repaying the government loans ahead of schedule. This creates a conflict between the developer and the tenants but also between the developer’s desire for maximizing profits and society’s desire to provide affordable housing. The author argues that simply preventing developers from leaving the program could violate the Contracts Clause as well as discourage future developers from participating in government programs. Rather, the …

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Designing And Executing A "Fair" Revlon Auction, Steven B. Katz Jan 1989

Designing And Executing A "Fair" Revlon Auction, Steven B. Katz

Fordham Urban Law Journal

The author analyzes the role of corporate boards of directors during takeover and control transactions, specifically in regards to auctions. Courts have consistently considered unfair auction attempts in light of the importance of the business judgment rule. The author examines Delaware case law and highlights the Revlon case, which holds that once an auction begins, the board’s duty shifts from preservation of the corporate entity to maximization of value shareholders will receive from the sale. The author argues that a good understanding of auction theory will not only give courts a better perspective through which to examine directors’ actions but …

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The Right To Democratic Participation In Labor Unions And The Use Of The Hobbs Act To Combat Organized Crime, Leslie Marshall Jan 1989

The Right To Democratic Participation In Labor Unions And The Use Of The Hobbs Act To Combat Organized Crime, Leslie Marshall

Fordham Urban Law Journal

The author examines corruption within labor unions and the responses to that corruption with the use of two laws, the Labor-Management Reporting and Disclosure Act of 1959 and the Hobbs Act. While the LMRDA guarantees union members important rights, corruption and the influence of organized crime has severely weakened members’ ability to exercise those rights. The author argues that RICO actions can and should be pursued against those who extort and otherwise violate union members’ rights because the remedies available under RICO are stronger than those available under the Hobbs Act. The author contends that the Hobbs Act should be …

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The Yonkers Case: Separation Of Powers As A Yardstick For Determining Official Immunity, Amy Walsh Jan 1989

The Yonkers Case: Separation Of Powers As A Yardstick For Determining Official Immunity, Amy Walsh

Fordham Urban Law Journal

The author examines the application of the official immunity doctrine to a situation where a federal district court issued contempt citations to local legislators in Yonkers who refused to pass legislation as required by a consent decree. The author argues that the function test for official immunity is by its very nature conclusory, and thus courts, in close cases, should use a separation of powers analysis to inform their application of the function test. Courts should deploy this separation of powers analysis by finding that where an official act was based on a mixture of powers, a rebuttable presumption should …

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Manifest Intent And Copyrightability: The Destiny Of Joint Authorship, Therese M. Brady Jan 1989

Manifest Intent And Copyrightability: The Destiny Of Joint Authorship, Therese M. Brady

Fordham Urban Law Journal

The 1976 Copyright Act defines joint ownership as requiring an "intent" by multiple authors to merge their works into a single work. Prior to 1976, two standards of determining intent existed in the case law. One was an objective standard, known as common design, and the other was a subjective standard. In part because the 1976 Act does not mention common design, subjective intent came to dominate joint authorship jurisprudence post-1976. As a result of this dominance, many authors have been deprived of their rights. Brady argues that a new standard should be set out by the courts that once …

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An Incompetent Individual's Right To Die, Carol M. Friedman Jan 1989

An Incompetent Individual's Right To Die, Carol M. Friedman

Fordham Urban Law Journal

Individuals must be fully informed and comprehend the consequences of refusing medical treatment before doing so. At the time of publication, New York courts used a subjective intent test to determine a patient's intentions before he or she became medically incompetent. The author argues that this test is ineffective where the patient did not have ability or forethought to make his or her intentions known. In such a case, the author contends that a surrogate should be appointed and given the discretion to consider what the surrogate believes would be the intent of the incapacitated person as well as the …

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Dna Fingerprinting And The Need For A National Data Base, Joann Marie Longobardi Jan 1989

Dna Fingerprinting And The Need For A National Data Base, Joann Marie Longobardi

Fordham Urban Law Journal

DNA fingerprinting, at the time of publication a new concept, has dramatic implications in both the civil and criminal contexts. The author argues that a national DNA data base should be created. He contends that a DNA data base would be a powerful tool for law enforcement as well as defense attorneys, and that the danger to privacy rights is outweighed by the benefits to society. The author argues that taking DNA is neither invasive nor does it provide substantive information to the authorities. In sum, the author states that a national DNA data base with sufficient safeguards should be …

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Law School's Pro Bono Role: A Duty To Require Student Public Service, Frederick J. Martin Iii Jan 1989

Law School's Pro Bono Role: A Duty To Require Student Public Service, Frederick J. Martin Iii

Fordham Urban Law Journal

The immense legal needs of the indigent are not being met. Pro bono work is the responsibility of every lawyer, but most lawyers do not do any pro bono work. The author argues that law schools have a responsibility not only to nurture student interest in pro bono work but also to develop students’ abilities to provide legal services to the indigent. The author proposes that law schools require students to participate in programs that provide legal services to the poor, either through a private organization or through a clinical program. The author contends that the latter method would be …

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Shattering The Myth Of Municipal Impotence: The Authority Of Local Government To Create Affordable Housing, John R. Nolon Jan 1989

Shattering The Myth Of Municipal Impotence: The Authority Of Local Government To Create Affordable Housing, John R. Nolon

Fordham Urban Law Journal

In the absence of any guidance from the legislature, local officials, in confronting the problem of affordable housing, look to the courts to define the extent of their responsibility and power. While not providing specific direction, the New York Court of Appeals has clearly outlawed zoning designed to exclude affordable housing. The judiciary has voiced doubts, however, that municipal governments can, through zoning alone, require the development of affordable housing. The view that municipalities lack such power is erroneous. Zoning alone is competent to induce such development. Furthermore, local governments have considerable additional power to induce the creation of such …

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Timesharing And Realty Interests Under The Martin Act: Consumer Or Investor Protection?, Yvette C. Mendez Jan 1989

Timesharing And Realty Interests Under The Martin Act: Consumer Or Investor Protection?, Yvette C. Mendez

Fordham Urban Law Journal

This Note will explore the property interests created by timeshare licenses in New York, advocating that a participation interest in realty is created and that the Martin Act is applicable to these licenses. Part II discusses the interests created by timeshare licenses as they relate to the real property concepts of license and lease. Part III examines the provisions and purpose of the Martin Act and the application of the profit potential theory to define the realty interests requiring the Act's protection. Part IV advocates legislative and case law alternatives to the New York "profit potential" approach. As a case …

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The Level Playing Field, Constantine N. Katsoris Jan 1989

The Level Playing Field, Constantine N. Katsoris

Fordham Urban Law Journal

The years 1987-1989 (hereinafter the "Dickens years" or "Dickens period") have been extremely volatile for the securities industry. Regardless of the causes, this volatility has become a fact of life resulting in enormous profits for some and enormous losses for others. One outgrowth of these losses is the explosion of litigation between the individual investors and the securities industry. Not only has the amount of litigation mushroomed, but the disputes have become significantly more complex. During the Dickens years, the forum for the resolution of these disputes has shifted from the courtroom to arbitration. This dramatic switch is largely the …

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