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Articles 11731 - 11760 of 13354

Full-Text Articles in Law

Unwed Fathers - Adoption - Foster Care Agency Seeking Permission To Consent To Child's Adoption Need Not Always Grant Child's Unwed Father Notice And Opportunity To Be Heard, Michael A. Vaccari Jan 1976

Unwed Fathers - Adoption - Foster Care Agency Seeking Permission To Consent To Child's Adoption Need Not Always Grant Child's Unwed Father Notice And Opportunity To Be Heard, Michael A. Vaccari

Fordham Urban Law Journal

This case note examines the family court's decision in In re Kenneth M., 87 Misc. 2d 295, 383 N.Y.S.2d 1005 (Family Ct. 1976) where the unwed father received neither notice of the pending adoption proceeding nor an opportunity to be heard concerning his child's best interest. The case note discusses the changes in the law as to unwed fathers, through the United States Supreme Court's decision in Stanley v. Illinois, 405 U.S. 645 (1972), holding that all parents were entitled to a hearing on their fitness before their children are removed from their custody and calling for an individualized approach. …

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Commitment Of Sexual Psychopaths And The Requirements Of Procedural Due Process, Peter Sullivan Jan 1976

Commitment Of Sexual Psychopaths And The Requirements Of Procedural Due Process, Peter Sullivan

Fordham Law Review

No abstract provided.

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The Constitutionality Of Sodomy Statutes, James J. Rizzo Jan 1976

The Constitutionality Of Sodomy Statutes, James J. Rizzo

Fordham Law Review

No abstract provided.

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Toward Equal Delivery Of Municipal Services In The Central Cities, Kenneth W. Bond Jan 1976

Toward Equal Delivery Of Municipal Services In The Central Cities, Kenneth W. Bond

Fordham Urban Law Journal

Urban living has become inevitable for most Americans in central cities and government assistance has risen steadily to help the masses crowded in the urban complex. Legislation has been aimed at equalizing the opportunity for employment, decent housing, voting, education, basic social welfare, and a host of other concerns considered elemental for the fulfillment of the “American dream.” Until recently, the courts have been slow to act affirmatively to remedy the inequities related to the enforcement of such legislation. Recent cases suggest an attitude of benign complacency in the Supreme Court, allowing it to ignore critical socio-economic problems in the …

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A Critique Of Lawyers' Ethics In An Adversary System, William R. Meagher Jan 1976

A Critique Of Lawyers' Ethics In An Adversary System, William R. Meagher

Fordham Urban Law Journal

Monroe Freedman’s book is largely a reiteration of his unorthodox views, previously aired in various law reviews and other professional publications, regarding ethical standards that should govern the conduct of the trial advocate. Since his positions contradict the behavioral principles codified in two publications of the American Bar Association—the Code of Professional Responsibility and the Standards Relating to the Defense Function—the author adopts the apologetic strategy of impugning both the credibility and the viability of these precepts in order to justify his contrary stance and to clear the way for its general acceptance.

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Selecting A Remedy For Private Racial Discrimination: Statutes In Search Of Scope, John M. Peterson Jan 1976

Selecting A Remedy For Private Racial Discrimination: Statutes In Search Of Scope, John M. Peterson

Fordham Urban Law Journal

Racial discrimination in the United States has been effectively attacked in both the legislatures and the courts for over a hundred years. Enslavement of blacks in the American South prompted adoption of the thirteenth amendment and the Reconstruction Civil Rights Acts enacted pursuant to the amendment’s enabling clause. These laws sought primarily to elevate the status of the black freedman by granting him rights equal to those enjoyed by white citizens. The most far-reaching of these statutes is 42 U.S.C. § 1981, derived from the Civil Rights Act of 1866, which insures to all persons the same right to make …

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Speedy Trials: Recent Developments Concerning A Vital Right, Stephen F. Chepiga Jan 1976

Speedy Trials: Recent Developments Concerning A Vital Right, Stephen F. Chepiga

Fordham Urban Law Journal

Historically, Anglo-American law has jealously guarded the right of an accused to have a speedy trial in a criminal prosecution. It is extended to defendants in federal cases by the sixth amendment to the Constitution. Through incorporation into the fourteenth amendment, the protection is likewise available to defendants in state prosecutions. Notwithstanding constitutional provisions and Supreme Court decisions, the concept of a speedy trial has always been ambiguous. Until recent times it has been considered a matter that could only be defined in the context of the special circumstances of individual cases. The right was said to be “consistent with …

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New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning Jan 1976

New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning

Fordham Urban Law Journal

Virtually every member of the urban community is a party to a landlord-tenant relationship. As the general tenor of urban life in America changes, so must the laws which govern the urban dweller. For years the doctrine of caveat emptor prevented the tenant from forcing the landlord to make necessary repairs or to retain the leased premises in a habitable condition. The doctrine of constructive eviction afforded him little relief; and housing and sanitation codes, while achieving a measure of success, were generally ineffective. Only when conditions because unbearable did the law protect him. Increasingly, however, the trend has been …

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Criminal Law--Rape--Cautionary Instruction In Sex Offense Trial Relating Prosecutrix's Credibility To The Nature Of The Crime Charged Is No Longer Mandatory; Discretionary Use Is Disapproved Jan 1976

Criminal Law--Rape--Cautionary Instruction In Sex Offense Trial Relating Prosecutrix's Credibility To The Nature Of The Crime Charged Is No Longer Mandatory; Discretionary Use Is Disapproved

Fordham Urban Law Journal

Defendant was convicted of rape, oral copulation, and attempted sodomy in Superior Court, Los Angeles County. The case against him rested predominantly on the testimony of his adult victim, partially corroborated as to identity by a scratch on defendant’s forehead, and further substantiated by defendant’s “if I did it I was drunk” admission to the police. The defendant appealed alleging error by the trial judge for failing to give a mandatory cautionary instruction. The California Supreme Court held that because the defendant was entitled to the cautionary instruction the trial judge had committed error in refusing to give it. Such …

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Insurance--Effective Termination--Temporary Contract Of Life Insurance Requires Both Notice And Refund Of Premium For Termination, Thomas F. Cassidy Jan 1976

Insurance--Effective Termination--Temporary Contract Of Life Insurance Requires Both Notice And Refund Of Premium For Termination, Thomas F. Cassidy

Fordham Urban Law Journal

Plaintiff Dolores Smith appealed from a judgment in a favor of the Westland Life Insurance Company after a nonjury trial. Mrs. Smith, as the widow and administratrix of the estate of her husband, sought recovery of $10,000 under a temporary life insurance contract. Mr. Smith had paid the first month’s premium and received a conditional receipt, also known as a binder or a binding receipt, from a soliciting agent of Westland on April 8, 1963. However, due to the hazardous nature of Smith’s employment as a railroad laborer, Westland issued him a modified policy, with increased premiums, on April 24. …

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Usury--Attorneys' Fees--Bank's Collection Of In-House Legal Department Costs On Default Judgments Constitutes Usury And Illegal Fee-Splitting, William Kirschner Jan 1976

Usury--Attorneys' Fees--Bank's Collection Of In-House Legal Department Costs On Default Judgments Constitutes Usury And Illegal Fee-Splitting, William Kirschner

Fordham Urban Law Journal

At the request of the Attorney General, the Administrative Judge of the Civil Court of New York brought an action against Chemical Bank to recover all attorneys' fees collected by the bank in obtaining numerous default judgments during 1973 and 1974. These judgments resulted from unpaid consumer loans and were based on certain notes signed by each borrower. The consumer notes included provisions for the recovery of attorneys' fees even though the defaults were not prosecuted by an independent law firm but by the bank's salaried in-house counsel. The plaintiff in Thompson v. Chemical Bank argued that Chemical Bank, by …

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Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson Jan 1976

Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson

Fordham Urban Law Journal

The issues in environmental law have been largely directed toward the natural environment, however, very recently and with growing force, new law has been channeled into the service of our nation's urban centers. Traditionally, urban environmental law included only broad schemes to redress urban ills, such as zoning laws, public housing programs, and urban renewal. In the past few years, there has been an increase in the development of personally held and asserted citizens rights to a quality urban environment. While articles on the urban environment often deal with statutory and administrative action, this article presents a different perspective, that …

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The National School Lunch Act: An Unfulfilled Mandate, Joseph Degiuseppe, Jr. Jan 1976

The National School Lunch Act: An Unfulfilled Mandate, Joseph Degiuseppe, Jr.

Fordham Urban Law Journal

For the past thirty years, the National School Lunch Act (Act) has attempted to advance two objectives; the preservation of the health and well-being of the nation's youth and the encouragement of domestic consumption of agriculture commodities. The Act provides for aid to state educational agencies that elect to participate in the National School Lunch Program (NSLP). The national standard for eligibility for free lunches is governed by 42 U.S.C. 1758. It is unclear whether the language of section 1758 which states "[l]unches served by schools participating in the school-lunch program," applies to individual participating schools or entire school districts …

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The Limits Of State Intervention In A Municipal Fiscal Crisis, Joel E. Cohen Jan 1976

The Limits Of State Intervention In A Municipal Fiscal Crisis, Joel E. Cohen

Fordham Urban Law Journal

Municipal fiscal crises are becoming more frequent, causing the tradition of local control to be questioned. The problems plaguing New York City are but one example of this nation-wide trend. In order to aid the City in overcoming its fiscal crisis, New York State has created two novel agencies, the Municipal Assistance Corporation (MAC) and the Emergency Financial Control Board. MAC's major purpose is to aid the city in meeting its financial requirements, while the Control Board's main function is to monitor the City's spending. One accomplishment of these two organizations has been the implementation of drastic austerity measures that …

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State Preparation Of Environmental Impact Statements For Federally Aided Highway Programs, Thomas Mcdonough, Jr. Jan 1976

State Preparation Of Environmental Impact Statements For Federally Aided Highway Programs, Thomas Mcdonough, Jr.

Fordham Urban Law Journal

The National Environmental Policy Act (NEPA), passed by Congress in 1969, has been called "the broadest and perhaps most important of the recent statutes [which attempt] . . . to control . . . the destructive engine of material progress." Despite such plaudits, NEPA has been the target of much critical legal commentary and the source of much litigation in the federal courts. Considerable controversy has centered on what is considered the core of NEPA: the required filing of an environmental impact statement (EIS) by agencies undertaking "major Federal actions significantly affecting the quality of the human environment . . …

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Baankruptcy-Usury-Plaintiff's Claim For Compound Interest Ruled Usurious; Simple Interest Disallowed To Give Effect To State's Deterrence Policy, Gerald Bohm Jan 1976

Baankruptcy-Usury-Plaintiff's Claim For Compound Interest Ruled Usurious; Simple Interest Disallowed To Give Effect To State's Deterrence Policy, Gerald Bohm

Fordham Urban Law Journal

Usury is the charging of interest for the use of money as a rate in excess of that permitted by statute. The Bankruptcy Act allows the trustee-in-bankruptcy to plead the defense of usury to a creditor's claim. A debtor-in-possession in a Chapter XI proceeding, who has all the rights and powers of the trustee, may also assert the defense of usury. There is, however, no federal usury statute and the Bankruptcy Act defines neither usury nor its effect. To resolve the usury issue the bankruptcy court has to look to the law of the jurisdiction in which the loan arose. …

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Welfare Law-Afdc-Agency-Caused Overpayments May Be Recouped By Reducing Grants Of Recipients Who Have "Disregarded" Income Available To Meet Their Standard Of Need, Keith E. Danish Jan 1976

Welfare Law-Afdc-Agency-Caused Overpayments May Be Recouped By Reducing Grants Of Recipients Who Have "Disregarded" Income Available To Meet Their Standard Of Need, Keith E. Danish

Fordham Urban Law Journal

The Agency attempted to recoup the overpayments of a woman and her nine dependent children by reducing the family's AFDC grant, in accordance with a state regulation which authorized such recoupment where the welfare recipient had current income available in excess of the AFDC grant. The Federal District Court for the Southern District of New York held that the challenged recoupment policy did not violate the Social Security Act. The current heightened awareness that there are limits to state resources has resulted in the tightening and curtailment of welfare programs. Welfare agencies must make greater efforts to decrease errors which …

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Municipal Bankruptcy Under The 1976 Amendments To Chapter Ix Of The Bankruptcy Act, Kenneth W. Bond Jan 1976

Municipal Bankruptcy Under The 1976 Amendments To Chapter Ix Of The Bankruptcy Act, Kenneth W. Bond

Fordham Urban Law Journal

This articles examines the new Chapter IX of the Bankruptcy Act, particularly its effectiveness in providing insolvent or financially distressed municipalities with a simpler and more efficient method of obtaining financial relief. The articles discusses the differences under the new Chapter IX as compared to the old Chapter IX and argues that the new Chapter IX, although not designed to accomplish more than its predecessor, is a better tool for financially distressed municipalities because it simplifies the bankruptcy process while increasing the changes of a successful reorganization of debt.

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Fcc Broadcast Standards For Ascertaining Community Needs, Arthur P. Deluca Jan 1976

Fcc Broadcast Standards For Ascertaining Community Needs, Arthur P. Deluca

Fordham Urban Law Journal

This comment examines: (1) the history of the ascertainment procedures, including the function of the original Primer; (2) the effect of the Renewal Primer amendments on the ascertainment procedures; and (3) the significance of the Bamford cases in light of the treatment of badly-organized groups under prior ascertainment procedures, and in light of the issuance of the Renewal Primer. The comment argues that the Primer's purpose of increasing the responsiveness of a broadcast applicant to the needs of its proposed service area has improved the situation for the more organized significant groups, such as minority groups, but its effectiveness as …

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The Right To Disclosure Of Nlrb Documents Under The Freedom Of Information Act Jan 1976

The Right To Disclosure Of Nlrb Documents Under The Freedom Of Information Act

Fordham Urban Law Journal

This note analyzes the Freedom of Information Act (FOIA), especially as it pertains to the National Labor Relations Board (NLRB), which has been particularly affected by requests for disclosure of documents. The NLRB's function is to settle labor disputes and remedy unfair labor practices with a minimum of delay. The note argues that allowing Board proceedings to be enjoined via pre-hearing FOIA suits only encourages parties to use these suits as dilatory measures. The note suggests that the FOIA was never intended to be used as a tool of discovery and argues for a stop to the increase in discovery-injunction …

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Civil Rights - Housing Discrimination - Federal Courts May Order Metropolitan Area Remedy To Correct Wrongs Committed Solely Against City Residents Where Agencies Have Statutory Authority To Conduct Activities Outside The City Limits, Andres J. Valdespino Jan 1976

Civil Rights - Housing Discrimination - Federal Courts May Order Metropolitan Area Remedy To Correct Wrongs Committed Solely Against City Residents Where Agencies Have Statutory Authority To Conduct Activities Outside The City Limits, Andres J. Valdespino

Fordham Urban Law Journal

This case note examines the United States Supreme Court's decision in Hills v. Gautreaux, 96 S. Cy. 1538 (1976), specifically the approval of a metropolitan area remedy as a valid form of federal relief. The case resulted from a class action suit against the Chicago Housing Authority (CHA) and the Department of Housing and Urban Development (HUD), alleging racially discriminatory public housing policies and practices. Although violations of the Fourteenth Amendment occurred within the Chicago city limits, the Supreme Court held that a metropolitan remedy which included the surrounding areas outside of the city boundaries was valid and that Milliken …

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Constitutional Law - Zoning Referenda - Mandatory Referenda On All Municipal Land Use Changes Do Not Violate The Due Process Clause, Beatrice Close Jan 1976

Constitutional Law - Zoning Referenda - Mandatory Referenda On All Municipal Land Use Changes Do Not Violate The Due Process Clause, Beatrice Close

Fordham Urban Law Journal

This case note discusses the United States Supreme Court's decision in City of Eastlake v. Forest City Enterprises, Inc., 96 S. Ct. 2358 (1976), which held that a state's decision to allow mandatory referendums on all municipal land use changes does not violate the due process clause. The case note examines the line of cases, such as Eubanks v. Richmond, 226 U.S. 137 (1912) and Washington ex rel. Seattle Trust Co. v. Roberge, 278 U.S. 116 (1928), that establish the principle that standardless delegations of power to impose restrictions on the property rights of others violated the due process clause …

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Landlord-Tenant - Repairs - Landlord Could Be Liable Under Covenant To Repair For Injuries To Tenant's Invitees Caused By Breach Of Such Agreement, Valentine J. Moretti Jan 1976

Landlord-Tenant - Repairs - Landlord Could Be Liable Under Covenant To Repair For Injuries To Tenant's Invitees Caused By Breach Of Such Agreement, Valentine J. Moretti

Fordham Urban Law Journal

Can a landlord be held liable under a covenant to repair for injuries to his tenant's invitees caused by the landlord's failure to repair? The new rule in New York answers yes. This case note examines the new rule in New York as held in the New York Court of Appeals' decision in Putnam v. Stout, 38 N.Y.2d 607 (1976). The Putnam decision indicates that once a landlord covenants to keep the premises in a safe condition and has received notice of the need for repairs, the landlord will be liable in tort for his breach of the covenant to …

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Public Land Ownership: Frameworks For Evaluation, Edward F.C. Mcgonagle Jan 1976

Public Land Ownership: Frameworks For Evaluation, Edward F.C. Mcgonagle

Fordham Urban Law Journal

In November 1975, York University sponsored a Public Land Ownership Conference in Toronto, Canada. It's purpose was to examine public land ownership as a means to accomplish social objectives related to land use. This book, organized into five chapters, is an outgrowth of the conference and consists of papers prepared for the conference and commentaries made by various conferees, with the additions of a general introduction, concluding commentary, and a preface for each chapter with an introductory essay on the general theme of the chapter. A compilation of papers from various writers may pose problems for readers through the incredibly …

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Quality Advocacy And The Code Of Professional Responsibility, The Attorney-Client Relationship And The Code Of Professional Responsibility: Suggested Attorney Liability For Breach Of Duty To Disclose Fraud To The Securities Exchange Commission, Alan C. Myers Jan 1976

Quality Advocacy And The Code Of Professional Responsibility, The Attorney-Client Relationship And The Code Of Professional Responsibility: Suggested Attorney Liability For Breach Of Duty To Disclose Fraud To The Securities Exchange Commission, Alan C. Myers

Fordham Law Review

The imposition of increased obligations and liabilities on securities lawyers threatens not onlly the attorney, but the quality of his representation as well. Alan Myers examines the possible consequences of the current expansion of liability, and suggests what the securities lawyer's obligations and liabilities should be under DR 7-102(B)(1) and DR 101(C)(3) of the Code of Professional Responsibility.

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The Relationship Between The Investment Advisor And The Mutual Fund: Too Close For Comfort, Howard Schiffman Jan 1976

The Relationship Between The Investment Advisor And The Mutual Fund: Too Close For Comfort, Howard Schiffman

Fordham Law Review

No abstract provided.

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Book Reviews Jan 1976

Book Reviews

Fordham Law Review

No abstract provided.

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Due Process In Civil Contempt Proceedings: A Comparison With Juvenile And Mental Incompetency Requirements, William A. Austin Jan 1976

Due Process In Civil Contempt Proceedings: A Comparison With Juvenile And Mental Incompetency Requirements, William A. Austin

Fordham Law Review

No abstract provided.

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Recent Developments Jan 1976

Recent Developments

Fordham Law Review

No abstract provided.

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Books Received Jan 1976

Books Received

Fordham Law Review

No abstract provided.

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