Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Fordham Law School

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 11431 - 11460 of 13354

Full-Text Articles in Law

Administrative Agencies And The Rites Of Due Process: Alternatives To Excessive Litigation, Daniel Lee Feldman Jan 1979

Administrative Agencies And The Rites Of Due Process: Alternatives To Excessive Litigation, Daniel Lee Feldman

Fordham Urban Law Journal

With the growth of courtroom litigation, it has become necessary for congress to look to administrative agencies to act in an adjudicative nature. In expanding the role of administrative agencies for efficiency and economic concerns, it is particularly important to still consider the due process rights of citizens. This article addresses the need to balance the procedural due process rights of individuals with the use of administrative agencies to eliminate or at the very least reduce excessive litigation.

Go to article

The Investment Decision In The Central City: A Consideration Of A Property Tax Abatement Law , Dipak K. Gupta, Louis M. Rea Jan 1979

The Investment Decision In The Central City: A Consideration Of A Property Tax Abatement Law , Dipak K. Gupta, Louis M. Rea

Fordham Urban Law Journal

This article addresses an indirect policy approach to handling "gray areas" in large central cities where dilapidated and deteriorated housing go unresolved. Rather than focusing on abandonment and rebuilding, the article looks to fostering renewal of existing structures through property tax abatement programs. Using Pittsburgh as a model and experience to outline the framework for such a program, the article attempts to enhance ones understanding of the economic impacts that a property tax can have on the condition of city housing. The article concludes that for any city to embark on a tax abatement policy, it must understand the conditions …

Go to article

Leasehold Unconscionability: Caveat Lessor , Kevin J. Farrelly Jan 1979

Leasehold Unconscionability: Caveat Lessor , Kevin J. Farrelly

Fordham Urban Law Journal

This comment explores unconscionability in terms of leases for real property. In an attempt to protect tenants from overreaching landlords, leasehold unconscionability has slowly become a major tool in the arsenal for tenant protection. Forming and creating statutes that define what may shock the conscience is essential in expanding that protection. This comment looks to section 1.303 of the Uniform Residential Landlord Tenant Act and as well as New York Real Property law section 235-c to reveal the change from caveat lessee to caveat lessor.

Go to article

Fiduciary Standards As Applied Under Erisa, Rosemary B. Orr Jan 1979

Fiduciary Standards As Applied Under Erisa, Rosemary B. Orr

Fordham Urban Law Journal

The Employee Retirement Income Security Act (ERISA) resulted in large changes in the laws of private pensions. However, with the use of exculpatory and indemnification provisions, ERISA has been limited in its ability to enhance the strength of fiduciary requirements for pension trustees. This comment examines the statutory language of ERISA and looks to understand judicial interpretation to look to the future of ERISA.

Go to article

Court-Awarded "Reasonable" Fees: Forcing A Segregated Public Interest Bar?, Paul L. Robert Jan 1979

Court-Awarded "Reasonable" Fees: Forcing A Segregated Public Interest Bar?, Paul L. Robert

Fordham Urban Law Journal

In ensuring that each citizen has free and unabated access to the legal system, it is important to strengthen the public interest sector of the legal community. To allow for solo practitioners and firms to engage in public interest cases, it is vital that the court system apply consistent standards for fee awards so as to incentivize and adequately compensate attorneys for their work. This comment looks to the importance of reasonable fees in ensuring the availability of counsel and more importantly, the availability of effective counsel.

Go to article

Omission And Nondisclosure Under Sed Rule 10b-5: A Distinction In Search Of A Difference, George O. Richardson, Iii Jan 1979

Omission And Nondisclosure Under Sed Rule 10b-5: A Distinction In Search Of A Difference, George O. Richardson, Iii

Fordham Urban Law Journal

This Note addresses a key element of Rule 10b-5 of the Securities and Exchange Act of 1934: causation. Though typically shown through reliance, some courts have allowed a proof of materiality to substitute. This Note addresses the circuit split and looks to articulating a difference between omission and nondisclosure in determining whether the court should rely on reliance or materiality.

Go to article

Discretionarily Enhanced Sentences Based Upon Suspected Perjury At Trial , Robert M. Wetterer Jan 1979

Discretionarily Enhanced Sentences Based Upon Suspected Perjury At Trial , Robert M. Wetterer

Fordham Urban Law Journal

A judge's discretion is a vital aspect of our judicial system. However, a judge must be cognizant of the impact that his decisions and his beliefs have upon a defendant's constitutional rights. This note addresses the concern of judges enhancing sentencing of defendants convicted of a crime because the judges feel that at trial, the defendant may have committed perjury. Ultimately, it is important that the defendant not be penalized without a proper trial or proceeding to determine whether or not perjury actually occurred. In doing so, rights are protected and justice is served.

Go to article

Prisoners' Rights To Physical And Mental Health Care: A Modern Expansion Of The Eight Amendment's Cruel And Unusual Punishment Clause , Stuart Klein Jan 1979

Prisoners' Rights To Physical And Mental Health Care: A Modern Expansion Of The Eight Amendment's Cruel And Unusual Punishment Clause , Stuart Klein

Fordham Urban Law Journal

This article addresses the need for appropriate mental health care in the prison system. Applying the eighth amendment's cruel and unusual punishment clause, the article outlines the current system for medical care and psychological programs within jails and prisons. Focusing on the deficiencies of medical care, the article proposes adding support to the modernization of mental health care by recognizing that the eighth amendment applies not just to the terms of imprisonment but to the availability of care.

Go to article

Entrapment Versus Due Process: A Solution To The Problem Of The Criminal Conviction Obtained By Law Enforcement Misconduct , Peter O'Connor Jan 1979

Entrapment Versus Due Process: A Solution To The Problem Of The Criminal Conviction Obtained By Law Enforcement Misconduct , Peter O'Connor

Fordham Urban Law Journal

This article contrasts the different approaches to dealing with entrapment: the due process rubric of the New York Court of Appeals and the predisposition framework set forth by the United States Supreme Court. The New York Court of Appeals reliance on government lawlessness rather than the Supreme Court's plurality focus on fourth and fifth amendment violations may cause less uncertainty and provide a better guidepost moving forward.

Go to article

Asbestos Litigation: The Dust Has Yet To Settle , Jean O'Hare Jan 1979

Asbestos Litigation: The Dust Has Yet To Settle , Jean O'Hare

Fordham Urban Law Journal

Asbestos litigation presents numerous problems as a result of industry inaction and government inattention to the situation. Through statistics, this article addresses two major impediments to asbestos litigation claims: statute of limitations and multiple defendants. Understanding that those affected by asbestos may not know for many years and that more than one company could be responsible is vital to finding equitable solution to the problems.

Go to article

Educational Malpractice: When Can Johnny Sue? Jan 1979

Educational Malpractice: When Can Johnny Sue?

Fordham Urban Law Journal

This comment explores three avenues to pursue educational malpractice suits. First, a negligence action for malpractice. Second, a cause of action for negligent misrepresentation. And finally, an action sounding in negligence for breach of statutory duty. Each avenue is explored in detail in terms of the likelihood of success. Importantly, the comment recognizes the inherent difficult of pursuing any education malpractice claim.

Go to article

Environmental Considerations In Urban Highway Development: Westway- A Case In Point, Ralph B. Gilmartin Jan 1979

Environmental Considerations In Urban Highway Development: Westway- A Case In Point, Ralph B. Gilmartin

Fordham Urban Law Journal

This note provides an overview of the statutory law controlling urban highway construction. Specifically, it addresses the role that environmental considerations play in the decision making process. Focusing on the construction of the Westway highway in New York, the note outlines the complexities and the difficulties associated with massive highway constructions. The impact that construction has on the economy, on communities, on neighborhoods, and on the environment lead the author to seek a clarification in the statutory standards so as to reach an efficient solution.

Go to article

Closure Orders: Safeguard Of Fair Trial Or Prior Restraint, John G. Luboja Jan 1979

Closure Orders: Safeguard Of Fair Trial Or Prior Restraint, John G. Luboja

Fordham Urban Law Journal

This note addresses the competing constitutional guarantees of freedom of the press and the right to a fair trial by one's peers. Examining New York's ruling in Gannett, the note traces the history of each right and explores the need for each to be protected. Ultimately, the note cautions a liberal interpretation of the Gannett decision and rather asks the Supreme Court to find a balance between the rights of the accused and the rights of the press.

Go to article

Municipal Law- Negligence- Failure Of Police To Provide Protection To The Holder Of Family Court Order Of Protection States A Valid Cause Of Action, Lauren Levey Jan 1979

Municipal Law- Negligence- Failure Of Police To Provide Protection To The Holder Of Family Court Order Of Protection States A Valid Cause Of Action, Lauren Levey

Fordham Urban Law Journal

In defining family, it is possible to include a group home designed by the state to emulate a traditional family unit. This case examines the Group House of Port Washington, Inc. v. Board of Zoning and Appeals of the Town of North Hempstead.

Go to article

Books Received Jan 1979

Books Received

Fordham Law Review

No abstract provided.

Go to article

Accountants' Liability For Negligence--A Contemporary Approach For A Modern Profession, Judah Septimus Jan 1979

Accountants' Liability For Negligence--A Contemporary Approach For A Modern Profession, Judah Septimus

Fordham Law Review

No abstract provided.

Go to article

Cruel And Unusual Punishments: The Proportionality Rule, William Hughes Mulligan Jan 1979

Cruel And Unusual Punishments: The Proportionality Rule, William Hughes Mulligan

Fordham Law Review

No abstract provided.

Go to article

Privacy And Direct Mail Advertising, David P. Ballard Jan 1979

Privacy And Direct Mail Advertising, David P. Ballard

Fordham Law Review

No abstract provided.

Go to article

A Proposed Rule Of Reason Analysis For Restrictions On Distribution, B.J. Douek Jan 1979

A Proposed Rule Of Reason Analysis For Restrictions On Distribution, B.J. Douek

Fordham Law Review

No abstract provided.

Go to article

Mutual Fund Independent Directors: Putting A Leash On The Watchdogs, Ezio Scaldaferri Jan 1979

Mutual Fund Independent Directors: Putting A Leash On The Watchdogs, Ezio Scaldaferri

Fordham Law Review

No abstract provided.

Go to article

The New York Felony Disbarment Rule: A Proposal For Reform, Beverly Deickler Jan 1979

The New York Felony Disbarment Rule: A Proposal For Reform, Beverly Deickler

Fordham Law Review

No abstract provided.

Go to article

Journalist's Privilege And The Criminal Defendant, The Honorable David N. Edelstein, Robert P. Lobue Jan 1979

Journalist's Privilege And The Criminal Defendant, The Honorable David N. Edelstein, Robert P. Lobue

Fordham Law Review

No abstract provided.

Go to article

Joint Custody Awards: Toward The Development Of Judicial Standards, Anne Adams Rabbino Jan 1979

Joint Custody Awards: Toward The Development Of Judicial Standards, Anne Adams Rabbino

Fordham Law Review

No abstract provided.

Go to article

Tax Exempt Religious Schools Under Attack: Conflicting Goals Of Religious Freedom And Racial Integration , Thomas Stephen Neuberger, Thomas C. Crumplar Jan 1979

Tax Exempt Religious Schools Under Attack: Conflicting Goals Of Religious Freedom And Racial Integration , Thomas Stephen Neuberger, Thomas C. Crumplar

Fordham Law Review

No abstract provided.

Go to article

Book Received Jan 1979

Book Received

Fordham Law Review

No abstract provided.

Go to article

Lawyer-Controlled Title Insurance Companies: Legal Ethics And The Need For Insurance Department Regulation, H. Lee Roussel, Moses K. Rosenberg Jan 1979

Lawyer-Controlled Title Insurance Companies: Legal Ethics And The Need For Insurance Department Regulation, H. Lee Roussel, Moses K. Rosenberg

Fordham Law Review

No abstract provided.

Go to article

What's Wrong With Conglomerate Mergers?, Michael Pertschuk, Kenneth M. Davidson Jan 1979

What's Wrong With Conglomerate Mergers?, Michael Pertschuk, Kenneth M. Davidson

Fordham Law Review

No abstract provided.

Go to article

Book Received Jan 1979

Book Received

Fordham Law Review

No abstract provided.

Go to article

Opec As A Legal Entity, Laurence Stoehr Jan 1979

Opec As A Legal Entity, Laurence Stoehr

Fordham International Law Journal

Evaluates the legal organization and past operations of OPEC in order to undersatnd it and anticipate in what direction this new economic power is headed.

Go to article

Treaties– Mexican-American Treaty On The Execution Of Penal Sentences– Custody Of A Prisoner Under The Mexican-American Treaty Is Unlawful When Consent To The Transfer Is Coerced, David Vaida Jan 1979

Treaties– Mexican-American Treaty On The Execution Of Penal Sentences– Custody Of A Prisoner Under The Mexican-American Treaty Is Unlawful When Consent To The Transfer Is Coerced, David Vaida

Fordham International Law Journal

Looks at the arrest of Raymond Bayron Velez, Efran Morales Caban and Pedro Rosado and their relation to the Treaty between the United States of America and the United States Mexican States on the Execution of Penal Sentences (Treaty).

Go to article

First Prev Next Last