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 11611 - 11640 of 13354

Full-Text Articles in Law

Yearbook 1977, Fordham Law School Library Jan 1977

Yearbook 1977, Fordham Law School Library

Fordham Law School Yearbook

1977 Yearbook, Fordham University School of Law.

Go to article

American Bar Association Special Committee On Election Reform, Symposium On The Vice-Presidency, Panel Discussion 5. Closing Statements And Recommendations Jan 1977

American Bar Association Special Committee On Election Reform, Symposium On The Vice-Presidency, Panel Discussion 5. Closing Statements And Recommendations

Fordham Law Review

This transcript is part of the published proceedings of a symposium convened by the American Bar Association’s Special Committee on Election Reform, which the ABA formed in 1973 and was chaired by John D. Feerick. The symposium took place at Fordham Law School on December 3, 1976. It occurred in the wake of the Watergate era, which saw the resignation of one vice president, the appointment of two vice presidents pursuant to the Twenty-Fifth Amendment’s Section 2, and a vice president’s succession to the presidency. The symposium’s purpose was to assemble experts on the vice-presidency to develop reform proposals related …

Go to article

Vertical Restraints After Repeal Of Fair Trade , Richard A. Givens, Laura P. Worsinger Jan 1977

Vertical Restraints After Repeal Of Fair Trade , Richard A. Givens, Laura P. Worsinger

Fordham Law Review

No abstract provided.

Go to article

Recent Developments Jan 1977

Recent Developments

Fordham Law Review

No abstract provided.

Go to article

Reason And The Fourth Amendment―The Burger Court And The Exclusionary Rule , Norman M. Robertson Jan 1977

Reason And The Fourth Amendment―The Burger Court And The Exclusionary Rule , Norman M. Robertson

Fordham Law Review

No abstract provided.

Go to article

The Effect Of The Interstate Agreement On Detainers Upon Federal Prisoner Transfer, Daniel E. Casagrande Jan 1977

The Effect Of The Interstate Agreement On Detainers Upon Federal Prisoner Transfer, Daniel E. Casagrande

Fordham Law Review

No abstract provided.

Go to article

The Foreign Sovereign Immunities Act Of 1976: Giving The Plaintiff His Day In Court, Kevin P. Simmons Jan 1977

The Foreign Sovereign Immunities Act Of 1976: Giving The Plaintiff His Day In Court, Kevin P. Simmons

Fordham Law Review

No abstract provided.

Go to article

Case Note: Labor Law - Collective Bargaining - Job Security Is A Proper Subject Of Negotiations Between A Public Employer And Public Employee Organization Under The Taylor Law, Joan W. Keenan Jan 1977

Case Note: Labor Law - Collective Bargaining - Job Security Is A Proper Subject Of Negotiations Between A Public Employer And Public Employee Organization Under The Taylor Law, Joan W. Keenan

Fordham Urban Law Journal

In this case note, Joan W. Keenan analyzes Board of Education v. Yonkers Federation of Teachers, 40 N.Y.2d 268, 353 N.E.2d 569, 386 N.Y.S.2d 657 (1976). In 1975 the city of Yonkers was plagued by a severe financial emergency. As part of an effort to balance its budget, plaintiff Yonkers City Board of Education unilaterally terminated the services of a number of teachers. Defendant Yonkers Federation of Teachers demanded arbitration on this issue under the terms of a job security clause contained in the collective bargaining agreement between the Board and the Federation. Plaintiff then brought a proceeding for a …

Go to article

Note: Osha Inspections And The Fourth Amendment: Balancing Private Rights And Public Need, Glenn J. Fuerth Jan 1977

Note: Osha Inspections And The Fourth Amendment: Balancing Private Rights And Public Need, Glenn J. Fuerth

Fordham Urban Law Journal

The Occupational Safety and Health Act of 1970 (OSHA) is the result of the Federal government's concern about safe working conditions. The purpose of OSHA is to assure safe and healthful working conditions and to preserve our human resources. To effectuate its goal of promoting industrial safety, OSHA authorizes the Secretary of Labor to establish mandatory occupational safety and health standards applicable to businesses affecting interstate commerce. It also authorizes the Secretary to enter and inspect any work place during regular working hours and at other reasonable times to ensure compliance with the health and safety standards. The inspection provision …

Go to article

Good Faith Reliance Upon Federal Reserve Board Staff Opinion Letters: The Circuits Converge, Michael Thomas Kelly Jan 1977

Good Faith Reliance Upon Federal Reserve Board Staff Opinion Letters: The Circuits Converge, Michael Thomas Kelly

Fordham Urban Law Journal

The Federal Reserve Board (FRB) is the central, single agency for issuing all regulations on credit disclosures. It administers the Truth in Lending Act pursuant to Title I of the Consumer Credit Protection Act. Congress intended the FRB to consolidate all disclosure requirements but the FRB did so in a confusing fashion. It utilizes three different methods of disseminating truth-in-lending information: (1) through the publication of Regulation Z, an administrative code, to prescribe disclosure rules; (2) through interpretations of the rules; and (3) through staff opinion letters. The confusion resulted from disagreements in the applicable law between the three methods. …

Go to article

Employers' Garnishment Policies - Do They Engender Racial Discrimination In Violation Of Title Vii And The Civil Rights Act Of 1866?, Amy S. Vance Jan 1977

Employers' Garnishment Policies - Do They Engender Racial Discrimination In Violation Of Title Vii And The Civil Rights Act Of 1866?, Amy S. Vance

Fordham Urban Law Journal

This note evaluates the hypothesis that employment policies which mandate suspension or discharge for multiple garnishments are racially discriminatory. It considers the methods of challenge such as a claim under Title VII of the Civil Rights Act of 1964, the lack of consensus between the courts and the Equal Employment Opportunity Commission (EEOC), and also emerging issues. The note finds that the legality of employment practices imposing disciplinary action against garnished employees is left uncertain. Proof of a disproportionate effect on minorities employees may be adequate, although a satisfactory showing of business necessity may be a defense against a claim …

Go to article

The 1974 Health Care Amendments To The National Labor Relations Act: Jurisdictional Standards And Appropriate Bargaining Units, Robert H. Ringer Jan 1977

The 1974 Health Care Amendments To The National Labor Relations Act: Jurisdictional Standards And Appropriate Bargaining Units, Robert H. Ringer

Fordham Urban Law Journal

The purpose of the National Labor Relations Act (NLRA) is to ensure the well-being of labor-management relations through the encouragement of collective bargaining, and the prohibition of certain practices by labor unions and employers. The NLRA applies to cases where labor disputes may tend to burden, obstruct or affect interstate commerce. In an effort to settle the controversy surrounding the National Labor Relations Board's (NLRB) jurisdiction over non-profit hospitals, Congress passed the Health Care Amendments to squarely put non-profit hospitals under NLRB's jurisdiction. This note examines two problems presented by the amendments: (1) the extent of NLRB's jurisdiction under the …

Go to article

Constitutional Law - Commercial Speech - Municipal Ordinance Which Prohibits The Display Of "For Sale" And "Sold" Signs On Residential Property In Order To Prevent Panic Selling Is Constitutional, Mary M. Popper Jan 1977

Constitutional Law - Commercial Speech - Municipal Ordinance Which Prohibits The Display Of "For Sale" And "Sold" Signs On Residential Property In Order To Prevent Panic Selling Is Constitutional, Mary M. Popper

Fordham Urban Law Journal

This case note examines the United States Third Circuit Court of Appeals' decision in Linmark Associates, Inc. v. Township of Willingboro, 535 F.2d 786 (3d Cir.), cert. granted, 97 S. Ct. 351 (1976), upholding the constitutionality of an ordinance prohibiting the display of "for sale" and "sold" signs on residential property. The Third Circuit held that the signs were primarily commercial speech and since neither message contained comment on social policy, political protest, or similar elements of pure speech, the governmental interests forwarded by the ordinance sufficiently outweighed any infringement on first amendment rights. The case note finds that in …

Go to article

Development And Expansion Of New York's Permanent Neglect Statute, Joseph R. Carrieri Jan 1977

Development And Expansion Of New York's Permanent Neglect Statute, Joseph R. Carrieri

Fordham Urban Law Journal

Since the early 1970s the well-being of foster children has been the subject of increased attention. Legislation has advanced the protection of the foster child, while the courts have begun to emphasize the child's best interests in determining whether parental rights to custody should be terminated and the child freed for adoption. Early decisions had stressed the rights of the natural parents, often to the exclusion of the child's welfare. Recent legislation and judicial decisions indicate that parental rights will be terminated where the best interests of the child so require. Recent decisions and statutes have clarified the rights of …

Go to article

Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr. Jan 1977

Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr.

Fordham Urban Law Journal

In an effort to prevent the spread of businesses specializing in adult entertainment, many cities have utilized zoning ordinances to combat problems in certain neighborhoods. New York City, Boston, and Detroit all have instituted such restrictions. This Note will consider whether the zoning of businesses specializing in adult entertainment is a legitimate exercise of the state's police power, analyzing its potential as a violation of the first amendment and the equal protection clause of the fourteenth amendment. In addition, the Note will examine the validity of using the twenty-first amendment to regulate adult entertainment businesses that serve alcoholic beverages.

Go to article

Note: The Federal False Claims Act: A Potential Deterrent To Medicaid Fraud And Abuse, Peter J. Sherman Jan 1977

Note: The Federal False Claims Act: A Potential Deterrent To Medicaid Fraud And Abuse, Peter J. Sherman

Fordham Urban Law Journal

A scandal that seems certain to occupy headline space during the foreseeable future is the abuse of the Medicare and Medicaid programs, under which state agencies provide medical assistance to the elderly, needy and disabled with largely-federal funding. Medicaid fraud and abuse wastes an estimated three billion dollars of tax money each year. Senate investigators who studied the problem found that "rampant fraud and abuse exists among practitioners participating in the Medicaid program" and among participating medical testing laboratories. The Federal False Claims Act (FCA), a statute more than a century old, provides a potential deterrent to such fraud and …

Go to article

Note: Involuntary Retirement Under The Age Discrimination Employment Act: The Bona Fide Employee Benefit Plan Exception, Robert F. Tully Jan 1977

Note: Involuntary Retirement Under The Age Discrimination Employment Act: The Bona Fide Employee Benefit Plan Exception, Robert F. Tully

Fordham Urban Law Journal

The purpose of the Age Discrimination Employment Act (ADEA) is "to promote employment of older persons based on their ability rather than age." ADEA covers workers who are at least forty years of age but less than sixty-five. The setting of these age limits, particularly the lower limit, was the cause of much debate during the formation of the law. After examining the problems of older persons seeking employment, Congress concluded that the unemployment rate for older workers was much higher than for younger workers. It found that the setting of arbitrary age limits had become common within industry and …

Go to article

Case Note: Transportation Law - Urban Mass Transportation Act - The Absence Of Statutory Provisions Relating To Standing And Judicial Review Does Not Preclude A Claimant From Seeking Relief In Federal Court, Terry L. Barnich Jan 1977

Case Note: Transportation Law - Urban Mass Transportation Act - The Absence Of Statutory Provisions Relating To Standing And Judicial Review Does Not Preclude A Claimant From Seeking Relief In Federal Court, Terry L. Barnich

Fordham Urban Law Journal

This case note by Terry L. Barnich analyzes the Seventh Circuit's decision in Bradford School Bus Transit, Inc. v. Chicago Transit Authority, 537 F.2d 943 (7th Cir. 1976), cert denied, 97 S. Ct. 797 (1977). The plaintiff, a private bus company, sought a declaration that the Chicago Transit Authority violated section 1602(a) of the Urban Mass Transportation Act when it competed with the private bus line for a contract with the Chicago Board of Education. The United States District Court for the Northern District of Illinois declared that the plaintiff lacked standing under the Act and dismissed the complaint. The …

Go to article

Books Received Jan 1977

Books Received

Fordham Urban Law Journal

This is a list of books received published in the Spring 1977 issue.

Go to article

Note: Secured Creditors In Wage Earner Proceedings: Interpreting The Validity Of Bankruptcy Rule 13-307(D), Jane E. Finkel Jan 1977

Note: Secured Creditors In Wage Earner Proceedings: Interpreting The Validity Of Bankruptcy Rule 13-307(D), Jane E. Finkel

Fordham Urban Law Journal

On October 1, 1973 the Supreme Court promulgated rules prescribing the practice and procedure to be followed in cases and proceedings governed by Chapters I-VII and Chapter XIII of the Bankruptcy Act. The procedural changes are extensive, permeating every stage of straight bankruptcy and Chapter XIII Wage Earner proceedings. One of the more important rules is Bankruptcy Rule 13-307(d), which deals with claims of secured creditors in Wage Earner proceedings under Chapter XIII. Secured creditors have challenged the validity of Rule 13-307(d), claiming that the rule modifies the secured party's substantive right to full recovery of the contract price. Thus, …

Go to article

Case Note: Constitutional Law - Due Process - Municipal Towing Ordinance Authorizing The Assessment Of Towing Fees And Storage Charges Without Notice And Opportunity For Hearing Violates Due Process, Laurie S. Schaffer Jan 1977

Case Note: Constitutional Law - Due Process - Municipal Towing Ordinance Authorizing The Assessment Of Towing Fees And Storage Charges Without Notice And Opportunity For Hearing Violates Due Process, Laurie S. Schaffer

Fordham Urban Law Journal

a

Go to article

Case Note: Environmental Law - National Environmental Policy Act - Potential Environmental Effects Of Urban Unemployment Require Preparation Of An Environmental Impact Statement, Elizabeth Manning Jan 1977

Case Note: Environmental Law - National Environmental Policy Act - Potential Environmental Effects Of Urban Unemployment Require Preparation Of An Environmental Impact Statement, Elizabeth Manning

Fordham Urban Law Journal

In this case note, Elizabeth Manning analyzes City of Rochester v. United States Postal Service, 541, F.2d 967 (2d Cir. 1976). The City of Rochester and the Genessee-Finger Lakes Regional Planning Board sued to enjoin the Postal Service from constructing a 12 million dollar postal facility in a Rochester suburb, in contemplation of abandoning an older smaller facility within the city itself. Plaintiffs asserted that the Postal Service's change of location was "a major Federal actio[n] significantly affecting the quality of the human environment," and that the National Environmental Policy Act of 1969 (NEPA) required the preparation of an Environmental …

Go to article

Assignment And Subletting Of Leased Premises: The Unreasonable Withholding Of Consent, Jacob L. Todres, Carl M. Lerner Jan 1977

Assignment And Subletting Of Leased Premises: The Unreasonable Withholding Of Consent, Jacob L. Todres, Carl M. Lerner

Fordham Urban Law Journal

The law generally does not favor restrictions on the alienability of property and holds that a tenant may assign or sublet a lease, unless the lease specifically provides otherwise. For instance, courts will enforce the parties' bargain, and uphold provisions in a lease that states that it is non-transferable or that it is transferable only upon the landlord's consent. However, if a lease states that the landlord will not unreasonably withhold consent to a transfer of the lease, when is a landlord's refusal to give consent unreasonable? This article examines the common law parameters of determining unreasonableness, and finds that …

Go to article

Accountability Versus Privacy: The Plight Of Institutionalized Emotionally Disturbed Children, Katherine M. Lordi Jan 1977

Accountability Versus Privacy: The Plight Of Institutionalized Emotionally Disturbed Children, Katherine M. Lordi

Fordham Urban Law Journal

This article examines the an individual's right to privacy in relation to the state's interest in a smoothly-functioning system of mental health care for minors and concludes with some general guidelines for institutional accountability. The articles states that in order to balance the right of an institutionalized patient to be free from unwarranted invasions of privacy with the public's demand for transparency and accountability, two tasks must be confronted: (1) the limits of institutional and managerial accountability must be defined; and (2) the public's need to know must be balanced with a respect for the patient's personal privacy and material …

Go to article

New York City School Decentralization: The Respective Powers Of The City Board Of Education And The Community School Boards, Kenneth R. Mcgrail Jan 1977

New York City School Decentralization: The Respective Powers Of The City Board Of Education And The Community School Boards, Kenneth R. Mcgrail

Fordham Urban Law Journal

The city of New York constitutes a single school district and the city Board of Education is charged with the general management and control of educational affairs in the city school district. The Board is subject to the plenary powers of the State Board of Regents and the State Commissioner of Education. Local school boards existed within the city school district but functioned largely advisory roles until the State Legislature began restructuring the New York City School District in 1968 and major legislation changed the city district into a decentralized system. The change resulted from the belief that community-base school …

Go to article

The Health Professions Educational Assistance Act Of 1976: A New Prescription?, John J. Greene Jan 1977

The Health Professions Educational Assistance Act Of 1976: A New Prescription?, John J. Greene

Fordham Urban Law Journal

The 1976 Health Professions Educational Assistance Act is a new congressional effort to promote the rational development, distribution, and utilization of the health professions through financial incentives. The Act represents a compromise solution to the issues affecting the quality, quantity and distribution of health manpower. It targets the four major problems of the current system: (1) the shortage of health professionals; (2) the geographic maldistribution of health manpower; (3) the specialty maldistribution of physicians and dentists; and (4) the influx of foreign medical graduates into the United States. This comment examines the effectiveness of past legislative responses to these issues …

Go to article

Third Party Suits Under Section 3612 Of The Fair Housing Act Of 1968, Gary A. Grasso Jan 1977

Third Party Suits Under Section 3612 Of The Fair Housing Act Of 1968, Gary A. Grasso

Fordham Urban Law Journal

This note examines the Fair Housing Act of 1968 (1968 Act) which makes it unlawful, with certain exceptions, to discriminate in the sale or rental of private housing. In particular, the note examines the remedies available under Sections 3610 and 3612, which provide for the enforcement of the statute by private complainants. The note focuses on the issue of standing and the question of alternative use involving sections 3610 and 3612 of the 1968 Act, especially as to third party complainants. The note concludes that just as section 3610 was opened to plaintiffs arguing for the rights of third parties, …

Go to article

The Effect Of The New Age Of Majority On Preexisting Child Support Settlements, Nicholas C. Dipiazza Jan 1977

The Effect Of The New Age Of Majority On Preexisting Child Support Settlements, Nicholas C. Dipiazza

Fordham Urban Law Journal

Since the enactment of the twenty-sixth amendment to the United States Constitution, most states passed legislation lowering the age of majority from twenty-one to eighteen. A crucial question arising from these statutes is whether they affect or should affect child support settlements which provide for support to the child until he or she reaches the age of majority. This note discusses the key question whether children have a continuing right to support until age twenty-one under settlements resulting from divorce decrees and agreements made prior to the enactment of the new age of majority laws. The note analyzes the conflicts …

Go to article

Criminal Law - Counsel - Court-Appointed Attorney Held Absolutely Immune From Suit Under Federal Civil Rights Statute, William A. Cahill, Jr. Jan 1977

Criminal Law - Counsel - Court-Appointed Attorney Held Absolutely Immune From Suit Under Federal Civil Rights Statute, William A. Cahill, Jr.

Fordham Urban Law Journal

E. George Minns, a Virginia state prisoner, brought an action against his court-appointed attorney, alleging that his attorney, while acting under color of state law, had deprived him of rights guaranteed under the fourteenth amendment of the United States Constitution. Specifically, Minns alleged that his court-appointed attorney denied him assistance in filing a petition for habeas corpus. Minns brought the suit under section 1983 of the Civil Rights Act, which gives a private right of action against every person who, under color of law, deprives another person of his or her Constitutional rights, privileges, or immunities. The district court dismissed …

Go to article

Criminal Law - Right To Counsel - Custodial Criminal Defendant May Not Waive Right To Counsel In The Absence Of His Court-Appointed Attorney, Stuart J. Feld Jan 1977

Criminal Law - Right To Counsel - Custodial Criminal Defendant May Not Waive Right To Counsel In The Absence Of His Court-Appointed Attorney, Stuart J. Feld

Fordham Urban Law Journal

This case note examines the New York Court of Appeals' decision in People v. Hobson, 39 N.Y.2d 479, 348 N.E.2d 894, 384 N.Y.S.2d 419 (1976), which held that once a counsel has been engaged in a criminal proceeding a defendant may not waive his right to counsel when his lawyer is not present. The case note discusses the evolution in protection levels afforded defendants in New York as well as in decisions by the United States Supreme Court and suggests that the Hobson decision's impact is enormous as it resurrects two important pro-defendant rules that were previously overruled. The Hobson …

Go to article

First Prev Next Last