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Full-Text Articles in Law
Iqbal Signals Bivens’ Peril: A Call For Congressional Action, Megan Gephart
Iqbal Signals Bivens’ Peril: A Call For Congressional Action, Megan Gephart
Fordham Urban Law Journal
This Note examines the propriety of a statutory replacement for the Bivens action. Part I of this Note outlines the history of implied causes of action generally, including the shifting attitude of the Court toward its power to fill gaps through the use of implied causes of action, as well as the Court’s attitude toward the Bivens action specifically. Part II examines the arguments for and against the adoption of a statutory replacement for Bivens in the context of the United States post-9/11. Part III contemplates a statutory replacement for Bivens, which would strike a balance between deterring rogue government …
What Do You Mean My Partnership Has Been Petitioned Into Bankruptcy?, Karen E. Blaney
What Do You Mean My Partnership Has Been Petitioned Into Bankruptcy?, Karen E. Blaney
Fordham Urban Law Journal
Bankruptcy law regarding partnerships differs from the law pertaining to individuals and corporations. Only a partnership can be involuntarily petitioned into bankruptcy by individuals within the organization. Involuntary petitions can be used by general partners as bargaining chips, and may encourage partners who can personally benefit from filing to do so, even if the act would be detrimental to the partnership. Under present bankruptcy law, an involuntary petition may be commenced against a partnership by fewer than all of the general partners in such partnership. In comparison to prior bankruptcy provisions governing a partner's involuntary petition against the partnership, the …
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 . . …
Comment: An Analysis Of The Fair Credit Reporting Act
Comment: An Analysis Of The Fair Credit Reporting Act
Fordham Urban Law Journal
This comment will examine the Fair Credit Reporting Act and discuss the significance of the more important provisions.