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Articles 1 - 30 of 86
Full-Text Articles in Law
Epic Fail: Harkenrider V. Hochul And New York's 2022 Misadventure In "Independent" Redistricting, Richard Briffault
Epic Fail: Harkenrider V. Hochul And New York's 2022 Misadventure In "Independent" Redistricting, Richard Briffault
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
A Living Legacy: The Katzmann Study Group On Immigrant Representation, The Honorable Denny Chin
A Living Legacy: The Katzmann Study Group On Immigrant Representation, The Honorable Denny Chin
Fordham Law Review
On March 9, 2023, hundreds of individuals—including immigration lawyers, advocates, government officials, academics, journalists, and philanthropists—gathered for a symposium at Fordham University School of Law entitled Looking Back and Looking Forward: Fifteen Years of Advancing Immigrant Representation. The symposium was organized by the Fordham Law Review and sponsored by law school centers and clinics, nonprofit organizations, and the Katzmann Study Group on Immigrant Representation (the “Study Group”). For members of the Study Group, the day was particularly poignant because several sessions at the symposium honored the life and accomplishments of the Hon. Robert A. Katzmann, the Study Group’s founder and …
Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb
Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb
Fordham Urban Law Journal
No abstract provided.
The Admissibility Of Hearsay Evidence In New York State Sex Offender Civil Commitment Hearings After State V. Floyd Y.: Finding A Balance Between Promoting The General Welfare Of Sexual Assault Victims And Providing Due Process Of Law, Brittany K. Dryer
Fordham Law Review
In twenty states throughout the country, the government may petition for the civil commitment of detained sex offenders after they are released from prison. Although processes differ among the states, the government must generally show at a court proceeding that a detained sex offender both suffers from a mental abnormality and is dangerous and that this combination makes a detained sex offender likely to reoffend. At such court proceedings, both the government and the respondent will present evidence to either the court or the jury on these issues. As in most court proceedings, hearsay evidence is inadmissible at sex offender …
Against Mushy Balancing Tests In Blight Condemnation Jurisprudence, Roderick M. Hills
Against Mushy Balancing Tests In Blight Condemnation Jurisprudence, Roderick M. Hills
Fordham Urban Law Journal
Professor Somin has written an incisive critique of the New York Court of Appeals’ decisions in Kaur and Goldstein, the gist of which is that the Court did not do enough to stop “highly abusive blight condemnations.” There are, however, two difficulties with the critique. First, as a matter of legalistic interpretation of the New York Constitution, the critique is not very persuasive. Second, as a matter of policy, Professor Somin’s proposal is unlikely to be adopted by any judge influenced by the same political process that lead to the condemnations that Professor Somin attacks.
Gallenthin V. Kaur: A Comparative Analysis Of How The New Jersey And New York Courts Approach Judicial Review Of The Exercise Of Eminent Domain For Redevelopment, Ronald K. Chen
Fordham Urban Law Journal
This Article explores two explanations for why New Jersey and New York take different approaches to judicial review of exercises of eminent domain. Part I examines the approach of both states and their differing procedures for review of administrative agency determinations. Part II discusses how each states' courts and legislatures define "blight." Part III examines how New York's approach leaves municipal officials and redevelopers free to use the more flexible concept of "underutilization" as a proxy for "blight."
The Use And Abuse Of Blight In Eminent Domain, Martin E. Gold, Lynne B. Sagalyn
The Use And Abuse Of Blight In Eminent Domain, Martin E. Gold, Lynne B. Sagalyn
Fordham Urban Law Journal
This Article examines the term "blight" and how it is used in eminent domain cases. Part I discusses the development of the term and how various states define it. Part II lays out a hierarchy which may be used to compare the private benefits on one hand and the public benefits on the other hand in redevelopment projects. In Part III, the Columbia University expansion in Manhattanville is examined, at both the New York Appellate Division and Court of Appeals levels. Part IV discusses how forty-three states redefined blight after the Kelo case. Part V discusses how political and business …
Condemning The Decisions Of The Past: Eminent Domain And Democratic Accountability, Christopher Serkin
Condemning The Decisions Of The Past: Eminent Domain And Democratic Accountability, Christopher Serkin
Fordham Urban Law Journal
This Essay argues that there is a seldom-recognized purpose to eminent domain: preserving the ability of elected representatives to respond to the will of the people. The author proposes that eminent domain allows government to depart from the policy choices of administrations which came before and is therefore a tool for acquiring "democratic legitimacy." He explores this theory by examining examples such as breaking up the adult use zones in Times Square and reclaiming New York's waterfront, which had been essentially cut off by highways.
Let There Be Blight: Blight Condemnations In New York After Goldstein And Kaur, Ilya Somin
Let There Be Blight: Blight Condemnations In New York After Goldstein And Kaur, Ilya Somin
Fordham Urban Law Journal
This Article analyzes the New York cases of Kaur v. New York State Urban Development Corp. and Goldstein v. New York State Urban Development Corp. and asserts that the New York Court of Appeals erred in allowing such an expansive definition of "blight" and defining pretextual takings too narrowly. Part I Describes the two cases. Part II explains the concept of blight condemnation and how it was used in the two cases. Part III discusses how the two cases treat the federal constitutional standard for pretextual takings. The Article concludes that eminent domain reform requires a narrower definition of "blight" …
Are The Current Computer Crime Laws Sufficient Or Should The Writing Of Virus Code Be Prohibited?, Robert J. Kroczynski
Are The Current Computer Crime Laws Sufficient Or Should The Writing Of Virus Code Be Prohibited?, Robert J. Kroczynski
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
New York Revises Ethics Rules To Permit Limited Mdps: A Critical Analysis Of The New York Approach, The Future Of The Mdp Debate After Enron, And Recommendations For Other Jurisdictions, John P. Lucci
Fordham Journal of Corporate & Financial Law
No abstract provided.
Piercing The Corporate Veil Of A New York Not-For-Profit Corporation, Matthew D. Caudill
Piercing The Corporate Veil Of A New York Not-For-Profit Corporation, Matthew D. Caudill
Fordham Journal of Corporate & Financial Law
No abstract provided.
From Equity To Adequacy: The Legal Battle For Increased State Funding Of Poor School Districts In New York, Brian J. Nickerson, Gernard M. Deenihan
From Equity To Adequacy: The Legal Battle For Increased State Funding Of Poor School Districts In New York, Brian J. Nickerson, Gernard M. Deenihan
Fordham Urban Law Journal
This Article evaluates the influence of federal courts' school finance cases on the New York school finance groups' decision to litigate in the New York courts. It then analyzes the importance of other states' legal precedents in school finance cases as a factor influencing interest groups in New York to challenge the state's public education funding formulas. This Article discusses the progression of public elementary and secondary school funding formula litigation in New York, focusing on the legal arguments raised by various interest group-plaintiffs and tracing the development of those arguments to school finance cases in other states. The conclusion …
Freedom Of Expression In New York State: What Remains Of People Ex Rel. Arcara V. Cloud Books, Inc.?, Jeremy J. Bethel
Freedom Of Expression In New York State: What Remains Of People Ex Rel. Arcara V. Cloud Books, Inc.?, Jeremy J. Bethel
Fordham Urban Law Journal
This Note explores the decline of People ex rel. Arcara in New York State jurisprudence over the last decade. It first describes traditional and contemporary methods of testing free expression infringements, including a discussion of federal minimum standards, and protection expansions implemented by the New York Court of Appeals. Next, it describes the effect of federal "secondary effects" jurisprudence upon the People ex rel. Arcara standard, and how that encounter skewed lower court application of that standard for all cases involving "content-neutral" infringement of protected speech. Finally, it examines the illogical consequences of the court of appeals' method of deciding …
Lawyering For A New Age, Judith S. Kaye
Constitutional Challenges To New York State's Death Penalty Statute, John M. Shields
Constitutional Challenges To New York State's Death Penalty Statute, John M. Shields
Fordham Urban Law Journal
New York State's death penalty statute is constitutionally flawed in many respects. It violates the state and federal prohibition against cruel and unusual punishment and provides unrestricted prosecutorial discretion to pursue the death penalty. This standardless and unfettered discretion creates the risk of arbitrary or discriminatory application of capital punishment.
New York Lifts Death Tax Penalty, Nancy O'Hagan
New York Lifts Death Tax Penalty, Nancy O'Hagan
Fordham Urban Law Journal
New York State replaced its estate tax and repealed its gift tax. This Article will trace the history of the New York State gift and estate taxes, explain the burden they imposed upon New York State residents in relation to other states, and examine the recent legislation in New York State which will gradually eliminate such inequities.
Are Executions In New York Inevitable?, Ronald J. Tabak
Are Executions In New York Inevitable?, Ronald J. Tabak
Fordham Urban Law Journal
This article is an edited trascription of a program considering whether executions in New York State are inevitable. Shortly after the program a law was enacted to this effect, however, Mr. Tabak argues that the law is so badly flawed that it may not survive judicial scrutiny. Present on the panel were Barbara Paul Robinson, John Cardinal O'Connor, Dean John Feerick, Archibald Murray, Thomas McDermott, Lee Grant, Cessie Alfonso and George Kendall.
It's Time To Privatize, E.S. Savas
It's Time To Privatize, E.S. Savas
Fordham Urban Law Journal
Schools are failing, crime is commonplace, streets are filthy, transportation is a test of endurance, drug addiction is a curse, and millions have fled the city seeking a higher quality of life. The problem? New York City government. This paper argues that to fix the myriad of problems facing New Yorkers, the only solution is a restructuring of government that would lead to a privatization, allowing New Yorkers to rely more heavily on private industry instead of government. This system would force public agencies and private firms to compete for the privilege of providing public services and thereby earning taxpayers' …
The Long Process Of Change: The 1990 Amendments To The New York Code Of Professional Responsibility, Marjorie E. Gross
The Long Process Of Change: The 1990 Amendments To The New York Code Of Professional Responsibility, Marjorie E. Gross
Fordham Urban Law Journal
“The purposes of this Article are to describe the significant changes to the 1970 (New York) Code (of Professional Responsibility) and to give a firsthand account of the amendment process. Part I explains the process by which the Appellate Divisions adopt Disciplinary Rules promulgated by the New York State Bar Association. Part II discusses the specific amendments to the 1970 Code which became effective September 1, 1990. Part III summarizes the overall results of the amendments to the Code. “The principal changes reflected in the 1990 Code include: making a lawyer subject to discipline for unlawfully discriminating in the practice …
Effects Of Legislation On The Reverse Annuity Mortgage As A Means Of Home Equity Control, Dorothy E. Cumby
Effects Of Legislation On The Reverse Annuity Mortgage As A Means Of Home Equity Control, Dorothy E. Cumby
Fordham Urban Law Journal
This student note explores the plight of elderly home-owners whose income cannot meet their expenses, and the federal legislation designed to meet their needs, specifically the Reverse Annuity Mortgage (RAM), which draws on home equity to provide monthly cash payments to homeowners. The author explains the legislation authorizing the RAM, describes the pros and cons of different forms of the RAM for elderly homeowners, and suggests modifications that will allow homeowners maximum support without sacrificing their other sources of income, such as Social Security payments and tax benefits. The author also explores New York state legislation dealing with the RAM, …
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 …
The Rights Of Unmarried Cohabiting Couples To Housing In New York, Matthew G. Connolly
The Rights Of Unmarried Cohabiting Couples To Housing In New York, Matthew G. Connolly
Fordham Urban Law Journal
This Note examines the protections available to unmarried couples against housing discrimination under the marital status provision of the New York City and New York State Human Rights Laws. After a brief examnitation of cohabitation, this Note will review judicial and administrative construction of the Human Rights Law since its inception. This Note concludes by proposing that unwed couples be given the same protection as married couples under the marital status provision in the New York Human Rights Law. This proposition finds support in: (1) the statutory mandate that the Human Rights Law be liberally construed to accomplish its purspose, …
The Effective Assistance Of Counsel: Chance Or Guarantee?, Joanne Legano
The Effective Assistance Of Counsel: Chance Or Guarantee?, Joanne Legano
Fordham Urban Law Journal
This Comment reviews the historical development of the right to effective assistance of counsel for criminal defendants as defined by the Supreme Court, and discusses the various standards applied by lower federal courts. This Comment next examines United States v. Decoster, which provides the most comprehensive judicial analysis of the right to effective assistance of counsel at this juncture in time. The standards applied by the New York State courts are also analyzed. Finally, the author recommends uniform guidelines for evaluating claims of ineffective assistance of counsel.
Transportation Controls: Time To Clear The Air, Ellen Hershkowitz
Transportation Controls: Time To Clear The Air, Ellen Hershkowitz
Fordham Urban Law Journal
Transportation control is an air pollution control strategy aimed at reducing the high levels of pollutants emitted by motor vehicles in urban environments. This Note examines the transportation control measures and transportation control plans adopted by New York and Texas. The Notes focuses on the different approaches taken by the two states, as a result of their available resources. New York has focused its energies on improving traffic flow, and mass transit, while Texas transportation control plans have focused on van and car pool programs, and park and ride facilities. The Note further examines the litigation resulting from the transportation …
Trustee Liability For Breach Of The Duty Of Loyalty: Good Faith Inquiry And Appreciation Damages, Barry L. Zins
Trustee Liability For Breach Of The Duty Of Loyalty: Good Faith Inquiry And Appreciation Damages, Barry L. Zins
Fordham Law Review
No abstract provided.
New York's Tax And Debt Limits And Classified Property Tax Assessments: Time For A Constitutional Amendment?, Alan J. Weiss
New York's Tax And Debt Limits And Classified Property Tax Assessments: Time For A Constitutional Amendment?, Alan J. Weiss
Fordham Urban Law Journal
This Comment addresses the proposed changes in 1981 to New York's Real Property Tax Law, which would change the law that states all property must be assessed for taxation at its full value. The author posits that this change may have the unintended effect on the manner in which local government borrowing and taxing powers are restricted by the state constitution, thus possibly substantially reducing the amount of revenue local governments may obtain by borrowing and taxing. It first analyzes the effect of a modification of the assessment standard on New York's constitutional borrowing and taxing restrictions, which were adopted …
New York's Tax And Debt Limits And Classified Property Tax Assessments: Time For A Constitutional Amendment?, Alan J. Weiss
New York's Tax And Debt Limits And Classified Property Tax Assessments: Time For A Constitutional Amendment?, Alan J. Weiss
Fordham Urban Law Journal
This Comment addresses the proposed changes in 1981 to New York's Real Property Tax Law, which would change the law that states all property must be assessed for taxation at its full value. The author posits that this change may have the unintended effect on the manner in which local government borrowing and taxing powers are restricted by the state constitution, thus possibly substantially reducing the amount of revenue local governments may obtain by borrowing and taxing. It first analyzes the effect of a modification of the assessment standard on New York's constitutional borrowing and taxing restrictions, which were adopted …
Criminal Discovery In New York: The Effect Of The New Article 240 , Thomas N. Kendris
Criminal Discovery In New York: The Effect Of The New Article 240 , Thomas N. Kendris
Fordham Urban Law Journal
Despite the many persuasive reasons for criminal discovery, its development in New York took place in a gradual, ad hoc manner. This led the New York State Legislature to enact the original article 240 in the Criminal Procedure Act (CPL) in 1971 which provided the courts with a consistent framework to discovery and significantly expanded an accused rights to evidence. This article provides a comprehensive overview of the original article 240, some significant problems that arose under it, and how the new enacted article 240 attempted to address the problems. The author then argues that the new statute could have …
New York's Plain English Law, Rosemary Moukad
New York's Plain English Law, Rosemary Moukad
Fordham Urban Law Journal
New York was the first state to pass a law requiring that contracts governing consumer transactions be written in plain English, as opposed to legalese. This Note examines the effect of New York's Plain English Law on consumer transactions as well as the Law's reception by lawyers and consumers.