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Articles 1 - 30 of 90
Full-Text Articles in Law
An Analysis And Review Of School Financing Reform, Edward G.H. Chin
An Analysis And Review Of School Financing Reform, Edward G.H. Chin
Fordham Law Review
No abstract provided.
Commitment Of Sexual Psychopaths And The Requirements Of Procedural Due Process, Peter Sullivan
Commitment Of Sexual Psychopaths And The Requirements Of Procedural Due Process, Peter Sullivan
Fordham Law Review
No abstract provided.
The Eigth Amendment And Prison Conditions: Shocking Standards And Good Faith, Richard J. Dunn
The Eigth Amendment And Prison Conditions: Shocking Standards And Good Faith, Richard J. Dunn
Fordham Law Review
No abstract provided.
Constitutional Limitations On The Use Of Canines To Detect Evidence Of Crime, John Schuster
Constitutional Limitations On The Use Of Canines To Detect Evidence Of Crime, John Schuster
Fordham Law Review
No abstract provided.
Quality Advocacy And The Code Of Professional Responsibility, Conflicts Of Interests--A Trial Judge's Notes, The Honorable Orrin G. Judd
Quality Advocacy And The Code Of Professional Responsibility, Conflicts Of Interests--A Trial Judge's Notes, The Honorable Orrin G. Judd
Fordham Law Review
The quality of representation is undermined when a client's interests conflict with those of a third party, another client, a former client, or the attorney himself. In addition, a criminal defendant's interests in acquittal or a civil litigant's desire to vindicate his claim may run afoul of a court's search for truth. The Code of Professoinal Responsibility addresses the conflicts of interest problem directly and indirectly in a number of disciplinary rules and ethical considerations. Judge Judd enumerates these provisions in his reflections on some of the conflicts he has witnessed from the bench, and he outlines the judiciary's role …
Civilian Review Of Military Habeas Corpus Petitions: Is Justice Being Served?, Gerard Hannon
Civilian Review Of Military Habeas Corpus Petitions: Is Justice Being Served?, Gerard Hannon
Fordham Law Review
No abstract provided.
The Tender Trap: State Takeover Statutes And Their Constitutionality, Diane S. Wilner, Craig A. Landy
The Tender Trap: State Takeover Statutes And Their Constitutionality, Diane S. Wilner, Craig A. Landy
Fordham Law Review
No abstract provided.
Free Exercise Of Religion In Prisons―The Right To Observe Dietary Laws, Andrea Bernstein
Free Exercise Of Religion In Prisons―The Right To Observe Dietary Laws, Andrea Bernstein
Fordham Law Review
No abstract provided.
Appellate Review Of Federal Youth Corrections Act Sentences In The Aftermath Of Dorszynski V. United States, Catherine A. Foddai
Appellate Review Of Federal Youth Corrections Act Sentences In The Aftermath Of Dorszynski V. United States, Catherine A. Foddai
Fordham Law Review
No abstract provided.
The Availability Of Excess Damages For Wrongful Refusal To Honor First Party Insurance Claims―An Emerging Trend, Phyllis Savage
The Availability Of Excess Damages For Wrongful Refusal To Honor First Party Insurance Claims―An Emerging Trend, Phyllis Savage
Fordham Law Review
No abstract provided.
In Accordance With Usage: The Authority Of Custom, The Stamp Act Debate, And The Coming Of The American Revolution , John Phillip Reid
In Accordance With Usage: The Authority Of Custom, The Stamp Act Debate, And The Coming Of The American Revolution , John Phillip Reid
Fordham Law Review
No abstract provided.
Qualified Plan Distributions: Tax Deferral, Erisa And The Ira , Gary Groot
Qualified Plan Distributions: Tax Deferral, Erisa And The Ira , Gary Groot
Fordham Law Review
No abstract provided.
The New York Juvenile Justice Reform Act Of 1976: Restrictive Placement―An Answer To The Problem Of The Seriously Violent Youth?, Margaret Holihan
The New York Juvenile Justice Reform Act Of 1976: Restrictive Placement―An Answer To The Problem Of The Seriously Violent Youth?, Margaret Holihan
Fordham Law Review
No abstract provided.
Federal "Going Private" Standards: A New Direction For The Second Circuit?, Claudia L. Taft
Federal "Going Private" Standards: A New Direction For The Second Circuit?, Claudia L. Taft
Fordham Law Review
No abstract provided.
In Search Of Justice Black's Fourth Amendment , Jacob W. Landynski
In Search Of Justice Black's Fourth Amendment , Jacob W. Landynski
Fordham Law Review
No abstract provided.
The Constitutionality Of Sodomy Statutes, James J. Rizzo
The Constitutionality Of Sodomy Statutes, James J. Rizzo
Fordham Law Review
No abstract provided.
Pre-Emption Of Local Rent Control Laws By Hud Regulation, Mary Anne Wirth
Pre-Emption Of Local Rent Control Laws By Hud Regulation, Mary Anne Wirth
Fordham Law Review
No abstract provided.
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.
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 …
New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning
New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning
Fordham Urban Law Journal
Virtually every member of the urban community is a party to a landlord-tenant relationship. As the general tenor of urban life in America changes, so must the laws which govern the urban dweller. For years the doctrine of caveat emptor prevented the tenant from forcing the landlord to make necessary repairs or to retain the leased premises in a habitable condition. The doctrine of constructive eviction afforded him little relief; and housing and sanitation codes, while achieving a measure of success, were generally ineffective. Only when conditions because unbearable did the law protect him. Increasingly, however, the trend has been …
Speedy Trials: Recent Developments Concerning A Vital Right, Stephen F. Chepiga
Speedy Trials: Recent Developments Concerning A Vital Right, Stephen F. Chepiga
Fordham Urban Law Journal
Historically, Anglo-American law has jealously guarded the right of an accused to have a speedy trial in a criminal prosecution. It is extended to defendants in federal cases by the sixth amendment to the Constitution. Through incorporation into the fourteenth amendment, the protection is likewise available to defendants in state prosecutions. Notwithstanding constitutional provisions and Supreme Court decisions, the concept of a speedy trial has always been ambiguous. Until recent times it has been considered a matter that could only be defined in the context of the special circumstances of individual cases. The right was said to be “consistent with …
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 …
Elimination Of Arbitrary Automobile Stops: Theory And Practice, Gary D. Stumpp
Elimination Of Arbitrary Automobile Stops: Theory And Practice, Gary D. Stumpp
Fordham Urban Law Journal
The authority of the police to enforce the statutory restrictions governing vehicle and traffic laws has often been considered to be concomitant with a right to stop motorists arbitrarily to determine their compliance. Recently, some courts have eroded this power, to protect the constitutional rights guaranteed to individuals under the fourth amendment. In their consideration of these arbitrary automobile stops, the courts have utilized a balancing process. They consider the state interest in promoting public safety on the highways through the guaranteed enforcement of the relevant laws, as well as the duty of the police to detect and control crime. …
The Small Tax Case Procedure: How It Works--Does It Work?, Christopher J. Badum
The Small Tax Case Procedure: How It Works--Does It Work?, Christopher J. Badum
Fordham Urban Law Journal
In 1968 the section of Taxation of the American Bar Association proposed an amendment to the Internal Revenue Code of 1954 to provide for a small claims division in the United States Tax Court. Such a division was thought to be a necessary alternative to the often expensive and time consuming tax litigation procedure in the Tax Court, the Court of Claims, and the district court. Congress adopted the proposal and it was incorporated into the Tax Reform Act of 1969. This Note will discuss the proceedings of bringing suit in the Small Tax Case Division and will propose ways …
Eminent Domain--Blight Declaration--Extensive Delay In Initiating Condemnation After Declaration Of Blight May Constitute A Taking Under State Constitution, Janine P. Hornicek
Eminent Domain--Blight Declaration--Extensive Delay In Initiating Condemnation After Declaration Of Blight May Constitute A Taking Under State Constitution, Janine P. Hornicek
Fordham Urban Law Journal
In 1958, the City of Trenton examined the possibility of redeveloping a large portion of its downtown area. In 1967, after a tortuous planning process, the land designated for redevelopment was declared blighted. Plaintiff, the owner of a large commercial building in this redevelopment area, alleged that in 1963 it began losing tenants because of the widespread publicity given to the threatened condemnation. After the 1967 declaration of blight, the area deteriorated markedly. By 1973, plaintiff’s building was almost entirely vacant, yielding $6,300 in rent compared to costs of $9,500 in insurance changes and $30,000 in annual property taxes. Plaintiff …
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 …
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 …
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. …