Law Commons^™

Book Review - Urban School Chiefs Under Fire, Donald L. Herdman

Fordham Urban Law Journal

Urban School Chiefs Under Fire, by Larry Cuban, gives life to the study of the urban environment by inviting the readers to meet and experience life with three giants of the public school system, Benjamin Willis (Chicago), Carl Hansen (Washington, D.C.), and Harold Spears (San Francisco). Dr. Cuban's stimulating and well-documented biography of three powerful urban leaders permits readers a rare behind-the-scenes glimpse into the world of these men, and their service during periods of great urban sensitivity to ethnic imbalance and economic decay. Dr. Cuban not only provides personal vignettes of these three men but also engages the reader …

Cy Pres Powers Of The Federal Bankruptcy Courts - New Hope For Financially Distressed Charities?, George B. Reese

Fordham Urban Law Journal

During times of economic turmoil, certain private charitable institutions operating in urban areas often face financial problems. In the past, these institutions - hospitals, community service centers, and the like - were partially reimbursed by government welfare funds for their "public services" expenditures. But as the pressures on municipal budgets have increased, these reimbursements become delayed, and sometimes uncertain. A charitable corporation contemplating a petition in bankruptcy might wish to seek cy pres relief from the bankruptcy court. Cy pres, a common feature of state law, provides that a gift in trust or otherwise which is determined to have been …

Note: Constitutional Chellanges To New York's Youthful Offender Statute, John M. Tyd

Fordham Urban Law Journal

New York's Youthful Offender Statute has been described as "humane and progressive legislation intended for the benefit of a youth who makes his first mistake and that he should not be branded as a criminal therefor..." In keeping with this philosophy, the statute provides a system whereby a youth (i.e., an individual between the ages of sixteen and eighteen) can avoid the serious consequences which result from being convicted of a crime. Upon determination that youthful offender status should be granted, the conviction is vacated and replaced with a youthful offender finding. Prior to 1975, those youths indicted for crimes …

Note: The Right Of The Federal Government To Regulate State Employment Practices, Steven M. Swirsky

Fordham Urban Law Journal

The power of the federal government to regulate aspects of private employment (i.e., minimum wages, overtime pay, the right to unionize) has become a recognized aspect of the relationship between employers and employees. The Supreme Court has upheld such federal regulation as a valid exercise of congressional power to regulate interstate commerce. In the past decade, Congress has extended the coverage of labor statutes to workers in the public sector. The Fair Labor Standards Act (FLSA) was enacted to foster the "maintenance of the minimum standards of living necessary for health, efficiency and general well-being of workers..." To achieve this …

Note: Child Abuse And Maltreatment: The Development Of New York's Child Protection Laws, Iris Ann Albstein

Fordham Urban Law Journal

Each year over 200,000 children in the United States are abused or neglected by their parents. While many of these children are very young and come from poor families, children of every age and income bracket are victimized. In the early 1960s the federal government took some affirmative action by amending the Social Security Act to provide funds for the states in order to establish comprehensive child welfare services for children receiving substandard care. Until recently the states had done little to help these children. Each state now has laws offering protection and services to abused and neglected children. New …

Note: Federal Common Law Remedies For The Abatement Of Water Pollution, James D. Kakoullis

Fordham Urban Law Journal

As a result of the Supreme Court's landmark decision in Illinois v. City of Milwaukee, federal common law, a new and potentially effective remedy, has been made available to parties seeking relief in water pollution cases in the federal courts. However, the possibility of non-sovereign parties using federal common law remedies to protect the waterways may be severely diminished as several federal courts have restricted such remedies to suits involving interstate waterways. This Note will examine the effect of these decisions on the ability of parties to initiate waterway pollution suits based on the federal common law and consider whether …

Note: Bilingual Education - A Problem Of "Substantial" Numbers

Fordham Urban Law Journal

This unsigned note argues that the Supreme Court should reexamine the rights of language minority students under 42 U.S.C. §2000d in order to clarify its holding in Lau v. Nichols. In that case, the Court established the right of non-English speaking children to receive compensatory language instruction under that statute. The note analogizes language minority children to handicapped children who the Court has held are entitled to receive a minimal education which is geared toward their needs. Since language minority students may not be able to obtain minimal education without compensatory language instruction, they may be entitled to such instruction.

Case Note: Securities Law - Pensions - An Involuntary Noncontributory Employee Pension Fund Is A "Security" Under The Federal Securities Laws, Peter J. Kurshan

Fordham Urban Law Journal

In this case note, Peter J. Kurshan analyzes Daniel v. International Brotherhood of Teamsters, 410 F. Supp. 541 (N.D. Ill. 1976), appeal docketed, No. 76-1855 (7th Cir. April 29, 1976). Plaintiff union member John Daniel was denied the right to receive union pension benefits after working for twenty-two and one half years. The trustees of the Local 705 Fund denied the benefits because Daniel's employment was not continuous. They contended that Daniel did not meet the conditions of the union pension plan, since he had been laid off involuntarily for several months. As a result, Daniel brought a class action …

Book Review: The Law Of Obscenity, Edward J. Berbusse, S.J.

Fordham Urban Law Journal

Edward J. Berbusse, S.J. reviews The Law of Obscenity by Frederick F. Schauer. Schauer's book provides a historical perspective on obscenity law, tracking developments through several centuries. It begins with a look at obscenity law within the Church during the 16th and moves through civil law in England and up to the present in the United States. The book then explores the Miller v. California decision and the Supreme Court's move to a local standard, rather than national, of obscenity. In addition to the Miller case, Schauer looks at other important decisions which developed the modern body of law focusing …

Enhancing The Security Behind Municipal Obligations: Flushing And U.S. Trust Lead The Way, Kenneth W. Bond

Fordham Urban Law Journal

When bond counsel' render their legal opinion approving the issuance and delivery of a municipal obligation, one of the opinions traditionally expressed is that the obligation is "valid and legally binding according to its terms." Significant, here, are the words "valid" and "binding." The validity of a municipal obligation can usually be determined by straightforward observation. Bond counsel must be satisfied that (1) the issuer has statutory and sometimes constitutional authority to borrow and incur indebtedness (2) the funds borrowed are to be used for a public purpose and (3) the issuer has complied with the preconditions to issuing debt …

The Recodified New York Election Law: A Small Step In The Right Direction, John J. Keohane, Michael A. Vaccari

Fordham Urban Law Journal

During the 1976 national and local election campaigns, the New York State Election Law and its "Byzantine" procedures came under withering attack by both the candidates and the press. The inadequacies of the existing law had long been recognized and decried by numerous citizens groups and legislators. The first step toward much-needed substantive election law reform has been taken recently with the passage of an Election Law Recodification Act. The new law, passed under the sponsorship of Assemblyman Melvin H. Miller, Chairman of the Election Law Committee, went into effect on December 1, 1977. The Election Law Recodification is characterized …

Note: New York - A City In Crisis: Fiscal Emergency Legislation And The Constitutional Attacks, Gayle Gutekunst-Roth

Fordham Urban Law Journal

Generous spending and, some would add, fiscal mismanagement have been a New York City tradition, putting tremendous pressures on both the City and State budgets. To forestall the deterioration of the City's financial condition and the subsequent collapse of the City itself, the New York State Legislature enacted a series of laws, many of which were feverishly incorporated into the body of State law in extraordinary session. With the creation of public authorities, the authorization of State funds to aid these authorities, and State hindrance of the payment of municipal debt service obligations, came inevitable claims in the courts that …

Case Note: Constitutional Law - Fair Hearing - A Provider Of Services Has A Right To Challenge A Determination Of Medicaid Benefits For Its Patients, Leonard J. Morreale, Jr.

Fordham Urban Law Journal

In this case note, Leonard J. Morreale, Jr. analyzes Peninsula General Nursing Home v. Sugarman, 57 App. Div. 2d 268, 394 N.Y.S.2d 644 (1st Dep't 1977). Jacob Stupler, an alleged indigent, was enrolled in the federal Medicare program which reimbursed the petitioner, Peninsula General Nursing Home, for the cost of medical care and services rendered to him. When federal benefits were terminated, petitioner promptly applied for Medicaid coverage on behalf of Mr. Stupler pursuant to the New York State Medical Assistance for Needy Persons Plan. The Social Services Department of the City of New York denied the application because Mr. …

Case Note: Criminal Law - Due Process - Statute Proscribing Loitering For The Purpose Of Prostitution Is Not Unconstitutionally Vague, Sayde J. Markowitz

Fordham Urban Law Journal

In this case note, Sayde J. Markowitz analyzes People v. Smith, 88 Misc. 2d 590, 388 N.Y.S.2d 221 (Crim Ct. 1976), rev'd 393 N.Y.S.2d 229 (App. Div. 1st Dep't 1977). At approximately 2:15 a.m. on July 12, 1976, a police officer observed defendant female converse with two male passersby. Soon thereafter, defendant conversed with a third male with whom she entered a building known to accommodate prostitutes and their clientele. The two left the building a short time later. Defendant Smith was arrested and charged with violating section 240.37 of the New York Penal Law, which prohibits loitering for the …

Book Review: Denial Of Justice: Criminal Process In The United States, Thomas G. Roth

Fordham Urban Law Journal

Thomas G. Roth reviews Denial of Justice: Criminal Process in the United States by Lloyd L. Weinreb. In his book, Lloyd L. Weinreb argues persuasively that American criminal process not only falls short of being the best there is, but it denies us a system which we can properly call "just." Weinreb's work is divided into two sections. The first part, which comprises the bulk of the book, explains how criminal process works and, more significantly, how it has failed to achieve effectively the goals for which it was developed. In the second part, he describes in general theory an …

Rationalizing The Federal Act Of State Doctrine And Evolving Judicial Exceptions, Stephen G. Wolfe

Fordham Law Review

No abstract provided.

United States Trust Company Of New York V. New Jersey―The Contract Clause In A Complex Society, Robert A. Mctamaney

Fordham Law Review

No abstract provided.

Recent Developments

Fordham Law Review

No abstract provided.

Medical Malpractice Mediation Panels: A Constitional Analysis , Edward F. Seavers, Jr.

Fordham Law Review

No abstract provided.

Adverse Publicity And Sec Enforcement Procedure, Robinson B. Lacy

Fordham Law Review

No abstract provided.

Book Review

Fordham Law Review

No abstract provided.

American Bar Association Special Committee On Election Reform, Symposium On The Vice-Presidency, Panel Discussion 3. Conduct Of The Office: Duties And Functions

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 …

American Bar Association Special Committee On Election Reform, Symposium On The Vice-Presidency, Panel Discussion, Supplementary Appendix A: American Bar Association Special Committee On Election Reform

Fordham Law Review

This Report describes recommendations related to the vice presidency from the American Bar Association Special Committee on Election Reform. The recommendations were issued after the committee held a symposium on the vice presidency at Fordham University School of Law on December 3, 1976. John D. Feerick chaired the committee.

The recommendations state “that the American Bar Association favors (1) retention of the constitutional office of Vice-President of the United States in its present form, but urges each President to involve the Vice-President intimately and productively in operations of the presidency, and (2) that in the nomination and election process the …

The Future Of Nonguaranteed Bond Financing In New York, Michael D. Utevsky

Fordham Law Review

No abstract provided.

Physicians Counterattack: Liability Of Lawyers For Instituting Unjustified Medical Malpractice Actions, Sheila L. Birnbaum

Fordham Law Review

No abstract provided.

Liquidated Damages: A Comparison Of The Common Law And The Uniform Commercial Code, William S. Harwood

Fordham Law Review

No abstract provided.

The Constitutionality Of Punitive Damges In Libel Actions, Nicholas J. Jollymore

Fordham Law Review

No abstract provided.

Reciprocal Recognition Of Foreign Country Money Judgements: The Canada-United States Example , Eric D. Ram

Fordham Law Review

No abstract provided.

The Emerging Moral Framework Of International Law, Peter L. Destefano, Jr.

Fordham International Law Journal

This article explores the idea that, at the time of publication, despite several centuries of development, there was no settled conception of international law, whether there was “international law” and if there was, what were its essential characteristics. The author starts with the assertion that international law resembles a municipal legal system, insofar as its subjects are bound, by external sanctions, to its right-creating and power-conferring principles. A State will, in a well-ordered international community, be shaped and guided in its acts and judgments by an internal sense of right and justice; just as the punishment of a child will …

The U.S.-Soviet Maritime Agreement: A New Plan For Bilateral Cooperation, Jean S. Gerard

Fordham International Law Journal

The author starts with the premise that the U.S.-Soviet Maritime Agreement, which was signed on October 14, 1972, and renegotiated as of December 19, 1972, is unique. Before the agreement was signed, only about 6 percent of U.S.-Soviet trade was being carried in U.S. bottoms, whereas 94 percent was being carried in Soviet bottoms. The author highlights that one significant achievement of the Agreement was the reciprocal opening to access of forty U.S. ports and forty Soviet ports by commercial, scientific, and merchant marine training ships of the two nations upon four days advance notive. The selection of ports was …