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Articles 11941 - 11970 of 13354

Full-Text Articles in Law

Constitutional Law-Sixth Amendment-Exclusion From Jury Selection Of Residents Of The Judicial District Where A Crime Is Committed Held Unconstitutional As A Denial Of The Right To A Jury From The Vicinage. Jan 1974

Constitutional Law-Sixth Amendment-Exclusion From Jury Selection Of Residents Of The Judicial District Where A Crime Is Committed Held Unconstitutional As A Denial Of The Right To A Jury From The Vicinage.

Fordham Urban Law Journal

When defendant Leon Jones was arrested, he moved to be transferred to the district where the crimes occured. He asserted that the fourteenth and sixth amendments entitled him to be tried by a jury drawn from this district. Mr. Jones' request was denied and he was convicted. The intermediate appellate court held that a jury drawn from any district within the county satisfied the constitutional requirements but on appeal, the California Supreme Court reversed and held Jones was entitled to a jury from the district where the crime was committed. The court based its opinion on the principle that a …


Criminal Law-Multiple Jury Joint Trials-On The Joint Trial Of Two Defendants, The Empanelling Of Two Juries Simul- Taneously Is Permissible. Jan 1974

Criminal Law-Multiple Jury Joint Trials-On The Joint Trial Of Two Defendants, The Empanelling Of Two Juries Simul- Taneously Is Permissible.

Fordham Urban Law Journal

Defendant was indicted on three separate counts in federal court and two juries were empaneled for one of the counts to try defendant and accomplice simultaneously. When testimony probative as to Sidman, but prejudicial to Clifford was about to be admitted through cross-examination, the jury sitting in judgment of Clifford was excused. Both men were convicted and on appeal Sidman's conviction was affirmed and Clifford's reversed. The multiple jury joint trial is a modification of the jury trial concept. The idea, however, desperately needs direction and it was for this reason that the appellate court, while upholding the conviction, did …


A Public Citizens’S Action Manual , Lisa H. Blitman Jan 1974

A Public Citizens’S Action Manual , Lisa H. Blitman

Fordham Urban Law Journal

The book proposes that court action should only be used as a last result and offers alternatives. It encourages the citizen to know the truth about various systems in our government and society and offers the reader information that can be used by the action oriented citizen to improve quality of life. Ross urges citizens to fight and become public interest advocates to seek change. Ralph Nader writes the introduction and explains that institutions of government and business are too large and distinct and that with a little help and interest from citizen-activists, government and businesses can be made ot …


The Fiscal Crisis Of New York City Voluntary Hospitals, John V. Connorton Jan 1974

The Fiscal Crisis Of New York City Voluntary Hospitals, John V. Connorton

Fordham Urban Law Journal

The cost of providing health care has been rising at an accelerated pace in recent years and hospital care took the largest share of this increase. Although not officially associated with the government, the voluntary health care institution reflects some of the characteristics of a governmental unit. It is traditionally exempt from taxes (although this is recently showing signs of erosion) and derives increasing proportions of its revenues from public funds. These funds are payment for services rendered to indigents at rates far below their costs. Hospitals have resorted to cutting costs other ways attempting to maximize efficiency of their …


Teacher Collective Bargaining Jan 1974

Teacher Collective Bargaining

Fordham Urban Law Journal

This comment discusses the effect of collective bargaining by teachers on the formulation of public policy in education. Teachers usually draw on the expertise of superintendents of schools to advise them on this subject. Agreement terms from New York and California are analyzed. The focus of the analysis deals with the content of the contract and agreement clauses and the extent to which they reflect a shift of control over educational policy in specific subject areas. The emergence of teachers associations and unions has created a new pressure group potentially capable of influencing traditional state prerogatives in educational policy. California …


Constitutional Law-Equal Protection-Relatives' Responsibility Statutes Do Not Create A "Suspect" Classification Based On Wealth Jan 1974

Constitutional Law-Equal Protection-Relatives' Responsibility Statutes Do Not Create A "Suspect" Classification Based On Wealth

Fordham Urban Law Journal

This note discusses Swoap v. Superior Court - a case brought by two recipients of aid to the aged and their adult children who challenged the constitutionality of two state statutes. One imposed a general duty of support on the children of parents unable to support themselves. The other gave county officials a cause of action against the children to compel contribution to the public assistance given by the state to the needy parents. The plaintiffs argued this was discrimination based on wealth class. The court concluded that it wasn't discrimination based on wealth but on percentage but why discrimination …


Comment: Arbitration -- A Viable Alternative?, K. E.C. Hull, Einar M. Rod Jan 1974

Comment: Arbitration -- A Viable Alternative?, K. E.C. Hull, Einar M. Rod

Fordham Urban Law Journal

Private arbitration as an alternative to litigation has been viewed by many authorities as an important method of improving judicial administration. This Comment, in evaluating courts' attitudes toward arbitration, will analyze the standards used by courts in deciding whether issues are appropriate subjects for arbitration. Because arbitration can have no legal effect unless courts are willing to support the arbitrator's award, the standards used to determine whether an issue is arbitrable are critical to the future of arbitration. The Comment examines four areas law that illustrate a variety of judicial attitudes toward arbitrability: labor-management relations, domestic relations, will probation and …


Comment: Security Deposits In New York: How Safe Is Your Money?, Stevens Ingraham, Paul J. Yesawich, Iii Jan 1974

Comment: Security Deposits In New York: How Safe Is Your Money?, Stevens Ingraham, Paul J. Yesawich, Iii

Fordham Urban Law Journal

In New York, there has never been a general landlord's statutory or common law lien, the growth of the cities and consequent legal development of the landlord-tenant relationship has enhanced the importance of the leasehold agreement. Most landlords, seeking protection beyond tenants' personal assurances that the lease will be honored, require a provision for a security deposit in the lease. The purpose of the deposit is to assure the tenant's compliance with the covenants of the lease. Confusion over the landlord-tenant relationship with regard to the security deposit has left room for abuse of the deposit for the landlord's gain. …


Note: The Eligibility Of The Unborn Child Under Afdc, John K. Enright Jan 1974

Note: The Eligibility Of The Unborn Child Under Afdc, John K. Enright

Fordham Urban Law Journal

This Note surveys recent litigation challenging the state denial of AFDC payments to pregnant women seeking benefit on behalf of their unborn children. Such decisions have focused on the issue of whether unborn children come within the definition of "dependent child" as set forth in Section 606 of the AFDC. Thus far, fourteen of seventeen reported decisions have included unborn children within the statutory definition. The Note concludes that the unborn child cases illustrate the difficulty of the rule that the Supreme Court laid out in Townsend v. Swank, which held that states must make AFDC payments to all eligible …


Note: Landmark Preservation: The Problem Of The Tax-Exempt Owner, Mary Spearing Jan 1974

Note: Landmark Preservation: The Problem Of The Tax-Exempt Owner, Mary Spearing

Fordham Urban Law Journal

This Note examines the effectiveness of the 1965 New York City Landmark Preservation Act with respect to its ability to confront the conflict between the desire to preserve the city's history and the individual's constitutional right to use and control her own property, with particular attention to the unprotected status of the tax-exempt property owner. The author argues that the legislation fails to mesh the two conflicting goals of preservation and just compensation to property owners. She suggests that in order to do so, perhaps a different standard of value should be placed on landmark preservation that focuses on non-economic …


Case Note: Zoning- Population Control In Metropolitan Areas- Construction Industry Association Of Sonoma County V. City Of Petaluma, 375 F. Supp. 574 (N.D. Cal. 1974), Lane J. Genatowski Jan 1974

Case Note: Zoning- Population Control In Metropolitan Areas- Construction Industry Association Of Sonoma County V. City Of Petaluma, 375 F. Supp. 574 (N.D. Cal. 1974), Lane J. Genatowski

Fordham Urban Law Journal

This Casenote analyzes the Northern District of California's recent decision in Construction Industry Association of Sonoma County v. City of Petaluma, 375 F. Supp. 574 (N.D. Cal. 1974), which held that limiting the number of building permits for the purpose of restricting population growth was an unconstitutional infringement on the right to travel, where there is no shortage of municipal facilities to serve the new residence. The Casenote concludes that, although the court had authoritative support for its decision, it may be unwise to use the right to travel to invalidate a local zoning ordinance. Moreover, the right to travel …


Book Review: Where Do I Go From Here? A Career Planning Manual For Lawyers, Kathleen Kruger Jan 1974

Book Review: Where Do I Go From Here? A Career Planning Manual For Lawyers, Kathleen Kruger

Fordham Urban Law Journal

Kathleen Kruger, the Director of Placement for NYU Law School reviews Frances Utley's book, Where Do I Go From Here? A Career Planning Manual for Lawyers. Kruger expresses doubt that one may "plan" a legal career, but that gathering as much information as possible can help and that Utley's book is helpful in this regard. Kruger concludes, however, that some of Utley's book is overly optimistic with respect to the number and variety of career options available to lawyers in the current market.


School Desegregation: New Quandaries And Old Dilemmas, Alan Jay Stein Jan 1974

School Desegregation: New Quandaries And Old Dilemmas, Alan Jay Stein

Fordham Law Review

No abstract provided.


Teacher Tenure--Some Proposals For Change , Michael R. Lanzarone Jan 1974

Teacher Tenure--Some Proposals For Change , Michael R. Lanzarone

Fordham Law Review

No abstract provided.


Securites Exchange Act Section 16(B): Fourth Circuit Harvests Some Kernels Of Gold, Peter M. Dugré Jan 1974

Securites Exchange Act Section 16(B): Fourth Circuit Harvests Some Kernels Of Gold, Peter M. Dugré

Fordham Law Review

No abstract provided.


The New York Freedom Of Information Law, Hon. Ralph J. Marino Jan 1974

The New York Freedom Of Information Law, Hon. Ralph J. Marino

Fordham Law Review

No abstract provided.


Termination Of Sec Receiverships In The Federal Courts, Thomas J. Schwarz Jan 1974

Termination Of Sec Receiverships In The Federal Courts, Thomas J. Schwarz

Fordham Law Review

No abstract provided.


Misappropriation: A Retreat From The Federal Patent And Copyright Preemption Doctrine, Beverly B. Goodwin Jan 1974

Misappropriation: A Retreat From The Federal Patent And Copyright Preemption Doctrine, Beverly B. Goodwin

Fordham Law Review

No abstract provided.


Private Attorney General Fees Emerge From The Wilderness, Timothy R. Graham Jan 1974

Private Attorney General Fees Emerge From The Wilderness, Timothy R. Graham

Fordham Law Review

No abstract provided.


Duty To Read--A Changing Concept, John D. Calamari Jan 1974

Duty To Read--A Changing Concept, John D. Calamari

Fordham Law Review

No abstract provided.


Case Notes Jan 1974

Case Notes

Fordham Law Review

No abstract provided.


Individual Vs. Collective Agreements: A Study In Conflict And Union Leverage, Peter J. Dekom Jan 1974

Individual Vs. Collective Agreements: A Study In Conflict And Union Leverage, Peter J. Dekom

Fordham Law Review

No abstract provided.


Abolition Of Federal Offices As An Infringement On The President's Power To Remove Federal Executive Officers: A Reassessment Of Constitutional Doctrines, Richard A. Cirillo Jan 1974

Abolition Of Federal Offices As An Infringement On The President's Power To Remove Federal Executive Officers: A Reassessment Of Constitutional Doctrines, Richard A. Cirillo

Fordham Law Review

No abstract provided.


Due Process And The Development Of "Criminal" Safeguards In Civil Commitment Adjudications, Howard R. Hawinkins, Jr., Paul O. Sullivan Jan 1974

Due Process And The Development Of "Criminal" Safeguards In Civil Commitment Adjudications, Howard R. Hawinkins, Jr., Paul O. Sullivan

Fordham Law Review

No abstract provided.


A Flexible Standard For State Reapportionment Cases, Edward D. Mckeever Jan 1974

A Flexible Standard For State Reapportionment Cases, Edward D. Mckeever

Fordham Law Review

No abstract provided.


Retroactivity In Civil Suits: Linkletter Modified, Woodrow J. Wilson Jan 1974

Retroactivity In Civil Suits: Linkletter Modified, Woodrow J. Wilson

Fordham Law Review

No abstract provided.


Books Received Jan 1974

Books Received

Fordham Law Review

No abstract provided.


Case Notes Jan 1974

Case Notes

Fordham Law Review

No abstract provided.


A Nation Tranquilized--A Socio-Legal Analysis Of The Abuse Of Sedatives In The United States, Gerald T. Mclaughlin Jan 1974

A Nation Tranquilized--A Socio-Legal Analysis Of The Abuse Of Sedatives In The United States, Gerald T. Mclaughlin

Fordham Law Review

No abstract provided.


The Automobile Presumption In The New York Narcotics Law, Michael Edward Rose Jan 1974

The Automobile Presumption In The New York Narcotics Law, Michael Edward Rose

Fordham Law Review

No abstract provided.