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Articles 11701 - 11730 of 13354
Full-Text Articles in Law
The Problem Of The Non-Exchanging Shareholder, Martin E. Gold
The Problem Of The Non-Exchanging Shareholder, Martin E. Gold
Fordham Law Review
No abstract provided.
Quasi In Rem On The Heels Of Shaffer V. Heitner: If International Shoe Fits . . ., Suzanne T. Marquard
Quasi In Rem On The Heels Of Shaffer V. Heitner: If International Shoe Fits . . ., Suzanne T. Marquard
Fordham Law Review
No abstract provided.
The Interim Provisions Of The Speedy Trial Act: An Invitation To Flee?, Greta Glavis Keenoy
The Interim Provisions Of The Speedy Trial Act: An Invitation To Flee?, Greta Glavis Keenoy
Fordham Law Review
No abstract provided.
New Developments In The Taxation Of Real Estate Partnerships, Michael Madison
New Developments In The Taxation Of Real Estate Partnerships, Michael Madison
Faculty Scholarship
No abstract provided.
Uncitral Draft Convention On Carriage Of Goods By Sea, Part 5, Joseph Sweeney
Uncitral Draft Convention On Carriage Of Goods By Sea, Part 5, Joseph Sweeney
Faculty Scholarship
No abstract provided.
Newsletter About The Seventh Annual John F. Sonnett Memorial Lecture Series: The Most Lustrous Branch: Watergate And The Judiciary, Leon Jaworski
Newsletter About The Seventh Annual John F. Sonnett Memorial Lecture Series: The Most Lustrous Branch: Watergate And The Judiciary, Leon Jaworski
Miscellaneous
Newsletter by The Monitor about "The Most Lustrous Branch: Watergate and the Judiciary" by Leon Jaworski of Fulbright and Jaworski, former President of the American Bar Association (1971-72) and Watergate Special Prosecutor.
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
In Summer Competition: Pitman Takes Mulligan Prize; SBA Considers Minority Budgets; Placement Seminar Planned for August 28
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Dillon Awarded Keefe Prize Moot Growth Cited; Presidential Summit; Finlay and Sullivan Discuss Rape of FLS; Jessup Team Takes Int'l Moot; Mulry Named Best Speaker; Finals in Washington, D.C.; Who's Who in Bar Review; No Free Xerox; Lib Staff May Load Copiers; Markstein Refuses Comment
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Booze & News Gets SBA $$$: Cost Up, Minorities Get Less; Moot Notes Disappear: Theft or Accident; Budget, Committees Set; Who's Who in Bar Review; Job Bus Rolls to D.C.; Prospects Dim Connections Help
Ucc Section 2-608: Reasonable Time For Revocation Of Acceptance, Doreen Stolzenberg
Ucc Section 2-608: Reasonable Time For Revocation Of Acceptance, Doreen Stolzenberg
Fordham Law Review
No abstract provided.
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.
Don't Steal A Turkey In Arkansas―The Second Felony Offender In New York, Susan Buckley
Don't Steal A Turkey In Arkansas―The Second Felony Offender In New York, Susan Buckley
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.
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 …
Cargo Of Fire: A Call For Stricter Regulation Of Liquefied Natural Gas Shipment And Storage, Philip Weinberg
Cargo Of Fire: A Call For Stricter Regulation Of Liquefied Natural Gas Shipment And Storage, Philip Weinberg
Fordham Urban Law Journal
The imminent prospect of importation of large quantities of liquefied natural gas (LNG) through congested harbors and its storage in huge tanks in densely-populated urban areas provides a classic instance of our technological reach exceeding our grasp. The severe danger of widespread fire impels an exhaustive examination of the need to import LNG through busy harbors and to store it within cities. Such conveyance and storage expose millions of persons and millions of dollars of property to extraordinary harm. Three aspects of proposed importation of LNG are particularly disturbing: (1) the federal government's insistence on promoting LNG importation prior to …
Administrative Law- Federal Water Pollution Prevention And Control Act Of 1972- Jurisdiction To Review Effluent Limitation Regulations Promulgated Pursuant To The Act By Environmental Protection Agency Lies In Circuit Courts, James C. Mcmahon, Jr.
Fordham Urban Law Journal
Plaintiffs, eight corporations engaged in the manufacture and sale of chemicals, brought an action against the Administrator of the Environmental Protection Agency (EPA seeking review of certain regulations promulgated by the Administrator under the Federal Water Pollution Prevention and Control Act of 1972 (Act). The district court dismissed the complaint for lack of subject matter jurisdiction to review the regulations. The Court of Appeals for the Fourth Circuit affirmed. It seems clear that the Supreme Court will have to decide the question of the Administrator's authority to issue effluent limitations pursuant to section 301 of the Act before the collateral …
Redlining: Remedies For Victims Of Urban Disinvestment, Edward W. Larkin
Redlining: Remedies For Victims Of Urban Disinvestment, Edward W. Larkin
Fordham Urban Law Journal
This note discusses the practice of redlining, sometimes referred to as "urban disinvestment," which involves the refusal by lending institutions to provide home mortgage loans or home improvement loans to certain geographical areas or the inclusion of particularly burdensome terms or conditions on the loans. The note analyzes the possible effects of redlining, such as neighborhood deterioration, decline of communities, and the deprivation of the benefits of homeownership, especially as these effects pertain to minority groups. The note then examines the legal alternatives open to victims of redlining, including sections of the Civil Rights Acts of 1866, 1964, and 1968, …
The New York Law Of Interstate Succession Compared With The Uniform Probate Code: Where There's No Will There's A Way, Julian R. Kossow
The New York Law Of Interstate Succession Compared With The Uniform Probate Code: Where There's No Will There's A Way, Julian R. Kossow
Fordham Urban Law Journal
The purpose of this Article is to analyze, compare, and contrast New York’s law of intestacy with that of the Uniform Probate Code (Code). The Article may serve as a basis for estimating the impact on existing concepts of descent and distribution should New York adopt the Code. It addresses itself to the law of intestate succession, delves into present New York law on the subject, examines corresponding sections of the Code, analyzes the differences, and arrives at an evaluation of the benefits and detriments that adoption of the Code would bring. The final analysis reveals that, on balance, 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. …
After Albemarle: Class-Wide Recovery Of Back Pay Under Title Vii, B. Martin Druyan
After Albemarle: Class-Wide Recovery Of Back Pay Under Title Vii, B. Martin Druyan
Fordham Urban Law Journal
Title VII of the Civil Rights Act of 1964 provides administrative and judicial remedies for victims of discrimination in employment. Employers, engaged in “an industry affecting commerce” and having fifteen or more employees who work at least twenty weeks out of the year, are subject to the statutes strictures. Unions are also subject to the statute if they have fifteen or more members, operate an office or hiring hall, and represent employees. One remedy available under Title VII is an award of back pay from the date of the alleged violation. Back pay may be defined as court-awarded compensation for …
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 …
Book Review: The Roots Of Urban Discontent: Public Policy, Municipal Institutions, And The Ghetto, John Muller
Book Review: The Roots Of Urban Discontent: Public Policy, Municipal Institutions, And The Ghetto, John Muller
Fordham Urban Law Journal
The Roots of Urban Discontent extends significantly the analysis of opinion and attitude surveys undertaken pursuant to the National Advisory Commission's mandate. It is a major addition to the literature comparing urban institutions in American cities; it is also a significant contribution to the study of interactions between urban political and civic leaders and the black population and between blacks and "street-level" agents of selected public service-providing and commercial institutions in American cities in the later 1960s.
Towards A Constitutional Right To Counsel In Matrimonial Litigation, Gary R. Matano
Towards A Constitutional Right To Counsel In Matrimonial Litigation, Gary R. Matano
Fordham Urban Law Journal
The marriage institution is the basic unit in the anatomical composition of American society as it exists today. The right to marry and the right to divorce when marriage fails have long been held in the highest esteem by our nation's courts. But some citizens of the State of New York are judicially denied the right to terminate their marriages because they are indigents. The court has denied indigents their requested assignments of counsel when the assistance of counsel was unquestionably necessary for prospective matrimonial litigants. The first problem posed by that holding is that it operates as a virtual …
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 …
The Legality Of The Rozelle Rule And Related Practices In The National Football League, Donald Novick
The Legality Of The Rozelle Rule And Related Practices In The National Football League, Donald Novick
Fordham Urban Law Journal
Traditional rules designed to control player movement within the National Football League (NFL) have recently been challenged in two federal district courts. In Kapp v. NFL Judge Sweigert concluded that these rules constitute a violation of the antitrust laws. In Mackey v. NFL Judge Larson held that the Rozelle Rule is in violation of the antitrust laws. A prospective NFL player must sign a contract that contains an option clause which gives the employing team the right to renew a player's contract for one year beyond the time stipulated in the contract, at a compensation rate of 90% of the …
The Doctrine Of Collateral Estoppel In Parole Revocation, Patrick M. Reilly
The Doctrine Of Collateral Estoppel In Parole Revocation, Patrick M. Reilly
Fordham Urban Law Journal
In recent years courts have shown more recognition of the rights of parolees and probationers. Spurred by a Supreme Court decision that certain due process protections were applicable to parole revocation procedures, revocation hearings are now providing parolees and probationers some of the procedural protections available to criminal defendants at trial. Policy considerations have dictated, however, that the protections available at revocation hearings must fall far short of conferring upon the accused "the full panoply of rights due a defendant" at trial. As a result of the Supreme Court's emphasis on the difference between revocation hearings and criminal proceedings, lower …
Restoring The Balance: The Second Amendment Revisited, David I. Caplan
Restoring The Balance: The Second Amendment Revisited, David I. Caplan
Fordham Urban Law Journal
In this article, the Second Amendment is analyzed through a discussion of the history of the right to private arms under English common law, the Second Amendment's legislative history and context, and the United States Supreme Court's decision in United States v. Miller. The articles argues that the private right of keeping arms plays a fundamental role in the constitutional system of checks and balances and that the Second Amendment supports the twin goals of individual and collective defense against violence and aggression. The article concludes that efforts to limit firearms possession to the organized militia undermines these twin goals …
Dealer Location Clauses And The Per Se Rule: From Schwinn To Gte Sylvania, Michael W. Miller
Dealer Location Clauses And The Per Se Rule: From Schwinn To Gte Sylvania, Michael W. Miller
Fordham Urban Law Journal
This note examines vertical restraints on trade, which involves an agreement between firms at "successive stages of the distribution system. It specifically analyzes the effect of vertically imposed dealer-location clauses on competition and consumers and discusses whether such restraints are per se violations under Section 1 of the Sherman Act or whether they require analysis under the rule of reason. The note suggests that an absolute per se rule against all post-sale vertical restraints is overly broad and unjustified and calls for a more result-oriented approach in dealing with less offensive restraints on trade.
Infants - Foster Families - Remove Of Foster Children From Foster Homes Without A Prior Hearing Violates Their Constitutional Rights To Procedural Due Process, Andrea G. Iason
Fordham Urban Law Journal
This case note examines the decision of the United States District Court for the Southern District of New York in Organization of Foster Familines for Equality and Reform v. Dumpson, 418 F. Supp. 277 (S.D.N.Y. 1976), which held that the removal of foster children from foster homes in which they had been living for more than one year, without a prior hearing, violated their constitutional rights to procedural due process. The court reaffirmed the concept that a child is a person under the fourteenth amendment with protected interests, such as the preference to live in a certain home, and that …