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Articles 11911 - 11940 of 13354

Full-Text Articles in Law

The Advocate, The Advocate, Fordham Law School Nov 1974

The Advocate, The Advocate, Fordham Law School

The Advocate

'75 Term Starts Aug. 25; Summer School Proposed; Law Review Firing Prompts Hearing Before Dismissal; U.S.D.A. Clinical Program: Hidden Costs Cut One Job


The Advocate, The Advocate, Fordham Law School Oct 1974

The Advocate, The Advocate, Fordham Law School

The Advocate

Law Review Fires Loux; Due Process at Issue; Dean, Yorio End Legal Aid Clinic; Students See Job Loss; U. Grants $5,000 for U.S.D.A. Clinic


The Advocate, The Advocate, Fordham Law School Sep 1974

The Advocate, The Advocate, Fordham Law School

The Advocate

Law School Admits 23 Minorities, 97 Women; Seven Nevv Faculty Join Staff: Judge, 2 D.A. 's, Oxford Grad; Univ. Store Stops Selling Law Books


Remarks Of The President Upon His Announcing Nelson Rockefeller As Vice President-Designate, United States. Office Of The White House Press Secretary, Gerald Ford Aug 1974

Remarks Of The President Upon His Announcing Nelson Rockefeller As Vice President-Designate, United States. Office Of The White House Press Secretary, Gerald Ford

Watergate Era

Press release announcing the nomination of Nelson Rockefeller (R-NY) as vice president.


Press Conference Of Robert Hartmann, Counsellor To The President, United States. Office Of The White House Press Secretary, Robert Hartmann Aug 1974

Press Conference Of Robert Hartmann, Counsellor To The President, United States. Office Of The White House Press Secretary, Robert Hartmann

Watergate Era

Transcript of press conference with Robert Hartmann, Counselor to the President. Hartmann discussed President Gerald Ford's appointment of Nelson Rockefeller as Vice President.


Remarks By Nelson Rockefeller Vice President-Designate, Nelson D. Rockefeller, United States Office Of The White House Press Secretary Aug 1974

Remarks By Nelson Rockefeller Vice President-Designate, Nelson D. Rockefeller, United States Office Of The White House Press Secretary

Watergate Era

Remarks of New York Governor Nelson Rockefeller in the Oval Office after President Gerald Ford announced that he was nominating Rockefeller to be the 41st Vice President of the United States. President Gerald Ford nominated Rockefeller pursuant to Section 2 of the Twenty-Fifth Amendment following Ford’s succession to the presidency upon President Richard Nixon’s resignation.


Remarks Of The President Upon Introduction Of Governor Nelson Rockeller As Vice President-Designate And Press Conference Of Governor Nelson Rockefeller Vice President-Designate, Nelson A. Rockefeller, United States Office Of The White House Press Secretary Aug 1974

Remarks Of The President Upon Introduction Of Governor Nelson Rockeller As Vice President-Designate And Press Conference Of Governor Nelson Rockefeller Vice President-Designate, Nelson A. Rockefeller, United States Office Of The White House Press Secretary

Watergate Era

Press conference of New York Governor Nelson Rockefeller after President Gerald Ford announced that he was nominating Rockefeller to be the 41st Vice President of the United States. President Ford nominated Rockefeller pursuant to Section 2 of the Twenty-Fifth Amendment following Ford’s succession to the presidency upon President Richard Nixon’s resignation.


Remarks By Gerald R. Ford Being Sworn In As The 38th President Of The United States, United States. Office Of The White House Press Secretary, Gerald Ford Aug 1974

Remarks By Gerald R. Ford Being Sworn In As The 38th President Of The United States, United States. Office Of The White House Press Secretary, Gerald Ford

Watergate Era

Press release of President Gerald R. Ford's remarks after being sworn into office.


Resignation Letter Of President Richard M. Nixon, Richard M. Nixon, United States. President (1969-1974: Nixon) Aug 1974

Resignation Letter Of President Richard M. Nixon, Richard M. Nixon, United States. President (1969-1974: Nixon)

Executive Branch Materials

President Richard Nixon's resignation letter dated August 9, 1974 triggered the second use of the Twenty-Fifth Amendment. Letter witnessed by Henry Kissinger.


The Advocate, The Advocate, Fordham Law School May 1974

The Advocate, The Advocate, Fordham Law School

The Advocate

Birnbaum Wins Keefe Award; Favors Moot Court Board; The Return of the Death Penalty


The Benign Housing Quota: A Legitimate Weapon To Fight White Flight And Resulting Segregated Communities?, Timothy R. Graham Jan 1974

The Benign Housing Quota: A Legitimate Weapon To Fight White Flight And Resulting Segregated Communities?, Timothy R. Graham

Fordham Law Review

No abstract provided.


Civil Liability For Margin Violations--The Effect Of Section 7(F) And Regulation X, James R. Devita Jan 1974

Civil Liability For Margin Violations--The Effect Of Section 7(F) And Regulation X, James R. Devita

Fordham Law Review

No abstract provided.


Constitutional Law-Blockbusting-Antiblockbusting Section Of The Civil Rights Act Of 1968 Held Not Violative Of First Amendment. Finding Of "Group Pattern Or Practice" Does Not Require A Showing Of Conspiracy Or Concerted Action Jan 1974

Constitutional Law-Blockbusting-Antiblockbusting Section Of The Civil Rights Act Of 1968 Held Not Violative Of First Amendment. Finding Of "Group Pattern Or Practice" Does Not Require A Showing Of Conspiracy Or Concerted Action

Fordham Urban Law Journal

An action was brought by the Attorney General against the president of a realty group and four other real estate brokers to enjoin alleged violations of anti-blockbusting provisions of the Fair Housing Act of 1968. Defendants were accused of individually and collectively engaging in a practice to prevent the enjoyment of rights granted by the Fair Housing Act and that a group of persons was denied rights as a result. It was alleged the defendant's agents made unlawful representations to white homeowners concerning changes in the racial composition of their neighborhood in order to induce sales. The trial court found …


Condominium Renovation, Amy R. Piro Jan 1974

Condominium Renovation, Amy R. Piro

Fordham Urban Law Journal

As a result of deterioration or obsolescence of condominium premises, unit owners often decide to renovate. These decisions may raise questions significantly different from those encountered in dealing with ordinary condominium expenses. These include matters such as required authorization, protection of dissenters' rights, and financing. This article explores some of these problems and suggests possible solutions. The author concludes that present law, including statues and condominium association bylaws, should differentiate between renovation expenses and those arising from ordinary maintenance and repairs, and should permit special authorization and financing arrangements for renovations.


Administrative Law- Practice And Procedure- Tenants Of A Public Housing Project Must Be Accorded Due Process Protections Before The Promulgation Of An Across-The-Board Rent Increase Jan 1974

Administrative Law- Practice And Procedure- Tenants Of A Public Housing Project Must Be Accorded Due Process Protections Before The Promulgation Of An Across-The-Board Rent Increase

Fordham Urban Law Journal

In June 1971, the chairman of the New Rochelle Housing Authority notified all tenants of a new $2.00 per room per month service charge and tenants instituted an action under section 1983 of the Civil Rights Act. The tenants asked the court to declare the charge invalid and enjoin the increase unless the tenants were first accorded a hearing. The US District Court for SDNY granted tenants summary judgment holding they had a due process right to notice and a hearing. The Court of Appeals for the Second Circuit modified this holding they had certain due process rights, their rights …


Civil Rights - Right To Treatment - Neither Due Process Nor Equal Protection Clause Of The Fourteenth Amendment Guarantees The "Right To Treatment" For Mentally Retarded Children Confined In A State Institution Through Noncriminal Procedures Jan 1974

Civil Rights - Right To Treatment - Neither Due Process Nor Equal Protection Clause Of The Fourteenth Amendment Guarantees The "Right To Treatment" For Mentally Retarded Children Confined In A State Institution Through Noncriminal Procedures

Fordham Urban Law Journal

Civil rights action was brought on behalf of residents at Willowbrook State Hospital by their parents and guardians attacking the conditions and treatment offered violated due process and equal protection. The court refused to extend a right to treatment to patients civilly committed to state hospitals - forestalling an extension of such rights to the retarded. Plaintiffs sought to classify the vast majority of commitments as involuntary despite original admission data mandating due process protection. The court determined that a hearing with procedural safeguards would suffice and in certain situations the court may find the appointment of a guardian at …


Environmental Law-Statutory Interpretation-Factors To Be Considered In Making A Threshold Determination That An Environmental Impact Statement Is Necessary Under The Na- Tional Environmental Policy Act Of 1969 Jan 1974

Environmental Law-Statutory Interpretation-Factors To Be Considered In Making A Threshold Determination That An Environmental Impact Statement Is Necessary Under The Na- Tional Environmental Policy Act Of 1969

Fordham Urban Law Journal

The National Environmental Policy Act (NEPA) was passed by Congress in 1969 declaring a policy which will promote efforts to protect the environment, to stimulate the health and welfare of man, and to enrich the understanding of the natural resources important to the nation. Under NEPA, all federal agencies must develop decision making procedures that include an evaluation of factors the agency will consider in deciding whether a proposed agency action will significantly affect the "human environment."' Federal agencies, unable to discern the meaning of "human environment," have had difficulty in deciding what factors to consider in making the threshold …


Landlord-Tenant Law-Dependency Of Lease Covenants-Covenant To Pay Rent Is Dependent Upon Landlord's Warranty Of Habitability Jan 1974

Landlord-Tenant Law-Dependency Of Lease Covenants-Covenant To Pay Rent Is Dependent Upon Landlord's Warranty Of Habitability

Fordham Urban Law Journal

Plaintiff tenant entered into possession of an apartment with was no written lease and the rent was fixed monthly under the condition that the landlord would make certain repairs to render the premises ‘livable’. The landlord never did and tenant terminated rent payments. The landlord instituted a summary dispossess action against Berzito for nonpayment and the state district court held that the landlord was in violation of his express warranty of habitability and reduced the tenants rent but tenant still did not pay. The trial court ruled in the tenant's favor and rejected the landord's contention that by remaining in …


The Politics Of Punishment: A Critical Analysis Of Prisons In America, Warrren Richmond Jan 1974

The Politics Of Punishment: A Critical Analysis Of Prisons In America, Warrren Richmond

Fordham Urban Law Journal

The problem of prisons and prison reform has become a subject of much discussion and study in our country. It has been suggested that it is in society’s best interest to invest substantial resources to develop prisons as rehabilitation centers and not as factories of crime so ex-prisoners will return to society as useful citizens. Wright sets forth why crime and prisons will remain fundamentally the same until a radical change is made in society itself. Levels of crime in America are substantially the result of ‘political choices’. After establishing who goes to prison and why, Wright concludes that prisons …


De Minimis Curat Lex, Brian G. Driscoll Jan 1974

De Minimis Curat Lex, Brian G. Driscoll

Fordham Urban Law Journal

There is a great deal of civil litigation in Urban areas and courts are unable to deal efficiently and justly with the cases that are brought before them. Additionally, there are many cases concerning a small amount of money and disputes in which citizens are in lower and middle economic classes that are never brought before the courts. The nature of the judicial system discourages these small claims but even these relatively small claims may be significant in relation to the income of some of these potential litigants. Handling this problem needs to be done through the small claims court. …


The Fairness Doctrine: Time For The Graveyard? Jan 1974

The Fairness Doctrine: Time For The Graveyard?

Fordham Urban Law Journal

The comments examines the rationale for the fairness doctrine, the obligations arising under it, and the FCC's administration of the doctrine. It further analyzes the judicial construction of the doctrine with emphasis on the doctrine's functional role and Constitutional ramifications. The fairness doctrine is part of a basic broadcast philosophy that mandates viewpoints on any controversial issue of public importance be fairly presented. It is partially codified by the FCC. However, after litigation, it seems clear to the courts that the fairness doctrine and the first amendment cannot share a peaceful coexistence. It may well be that the Court is …


Revolution And Counterrevolution: The Supreme Court On Creditors Remedies, Earl Phillips Jan 1974

Revolution And Counterrevolution: The Supreme Court On Creditors Remedies, Earl Phillips

Fordham Urban Law Journal

Creditors have more than a dozen prejudgment, no-notice remedies which permit them to seize or encumber a debtor's property even before the creditor has sued the debtor and recovered a judgment. Moreover, a creditor may take a debtor's property without giving the debtor prior notice and the opportunity to oppose the taking in a judicial proceeding. These extraordinary remedies have been employed in England and the United States for centuries and in the 1920s the Supreme Court affirmed their constitutionality. However, in a set of decisions beginning in with Sniadach v. Family Finance Corp. in 1969 and Fuentes v. Shevin …


Book Review- Police Corruption: A Sociological Perspective, Peter J. O'Connor Jan 1974

Book Review- Police Corruption: A Sociological Perspective, Peter J. O'Connor

Fordham Urban Law Journal

The author reviews the book Police Corruption: A Sociological Perspective, edited by Lawrence W. Sherman. He concludes that Mr. Sherman's book affords a welcome insight into a persistent problem. Too often lawyers treat problems which are sociological in nature as legal problems only. For that reason, the reviewer highly recommends the book to all lawyers.


Bilingual Notice--The Rights Of Non-English Speaking Welfare Recipients, Judith R. Macdonald Jan 1974

Bilingual Notice--The Rights Of Non-English Speaking Welfare Recipients, Judith R. Macdonald

Fordham Law Review

No abstract provided.


The Phenomenon Of Implied Private Actions Under Federal Statutes: Judicial Insight, Legislative Oversight Or Legislation By The Judiciary?, Jamie Sylvester Smith Jan 1974

The Phenomenon Of Implied Private Actions Under Federal Statutes: Judicial Insight, Legislative Oversight Or Legislation By The Judiciary?, Jamie Sylvester Smith

Fordham Law Review

No abstract provided.


The Discharge Permit Program Under The Federal Water Pollution Control Act Of 1972 - Improvement Of Water Quality Through The Regulation Of Discharges From Industrial Facilities, Joyce P. Davis, Robert J. Glasser Jan 1974

The Discharge Permit Program Under The Federal Water Pollution Control Act Of 1972 - Improvement Of Water Quality Through The Regulation Of Discharges From Industrial Facilities, Joyce P. Davis, Robert J. Glasser

Fordham Urban Law Journal

There has been a significant growth of legislation designed to improve the quality of life in American by regulating the way industrial facilities interact with their environments. The new laws created by this legislation has given the federal government significant responsibilities in many areas formerly regulated by the individual states. This change in regulation is apt to impose stress on the modern industrialized society of America as a result of the impossibility to predict the overall effects of particular actions on the total system. Examining the nature of the actions and the probable direct interactions with the system, one may …


The Juvenile Offender - Where Can We Send Him? Jan 1974

The Juvenile Offender - Where Can We Send Him?

Fordham Urban Law Journal

There is an increased problem in American society regarding juvenile delinquents. Persons less than 16 years of age cannot be adjudicated criminals and nearly 80% of persons convicted of serious crimes a adults were previous convicted of a lesser offense. However, these criminals were only previously considered juvenile delinquents and not adjudicated criminals. Rehabilitation has been the main focus when dealing with juvenile delinquency and juvenile courts have operated under the theory of 'best interests of the child' and 'parens patriae'. Unfortunately, family court hearings used to determine juvenile delinquency now contain the stigma of criminal proceedings rendering the theory …


From Plows To Pliers - Urban Homesteading In America Jan 1974

From Plows To Pliers - Urban Homesteading In America

Fordham Urban Law Journal

The state homestead exemption is the most widely known form of homesteading and exists in the majority if American jurisdictions. A new form of this plan has been added by many east coast cities that allows families to receive a grant of a home at a minimum price on condition that it occupies the residence and improves it to satisfy all applicable codes. The property is then transferred to the homesteader and this benefits both the city and the individual. This urban homesteading plan is the most recent program designed to promote urban renewal and home ownership. Wilmington Delaware was …


The Infirmities Of Affirmative Action: The New York City Plan Jan 1974

The Infirmities Of Affirmative Action: The New York City Plan

Fordham Urban Law Journal

The regulations announced by Mayor John Lindsay that propose new contract bid regulations designed to eliminate discrimination in employment in New York City were implemented and are the basics of the city's present program. New York City's present affirmative action attempts to increase the number of minorities employed in city-financed construction projects. But, how viable are these programs in light of the expected attacks based on the federal preemption doctrine? Questions of due process and equal protection must be examined when affirmative action programs require contractors to make good faith efforts to meet these goals. Affirmative action programs are part …


Civil Rights - Discrimination In Placement Of Low-Rent Housing- Statute's Requirement That Locality's Governing Body Agree To Cooperate With Hud Used As A Shield To Protect Suburbs From Integration By Low Income Blacks Jan 1974

Civil Rights - Discrimination In Placement Of Low-Rent Housing- Statute's Requirement That Locality's Governing Body Agree To Cooperate With Hud Used As A Shield To Protect Suburbs From Integration By Low Income Blacks

Fordham Urban Law Journal

The constitutionality of certain sections of the National Housing Act that required a community to consent to the construction of federally assisted low income housing was challenged. The plaintiffs alleged that the consent requirement gave white suburbs the power to bar this construction resulting in limited low incoming housing offered in predominantly black areas. Plaintiffs proposed that a new agreement between the City of Cleveland and the Cuyahoga Metropolitan Housing Authority be reached that would better reflect low income housing needs. At trial, the court rejected the plaintiff's contentions and on remand, the court held that absent a rational basis, …