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Articles 1 - 13 of 13

Full-Text Articles in Law

Criminal Responsibility Of The Addict: Conviction By Force Of Habit, Michael R. Diamond Jan 1973

Criminal Responsibility Of The Addict: Conviction By Force Of Habit, Michael R. Diamond

Fordham Urban Law Journal

This article addresses questions of criminal responsibility of drug addicts in light of Robinson v. California, holding criminal sanctions for a status of drug addiction to be unconstitutional under the eighth amendment. The article evaluates key court cases relating the insanity defense, and argues that in cases where addicts commit criminal acts as a result of drug addictions, the addict should not suffer criminal penalties but should instead be treated through rehabilitation facilities or other methods.


Unsafe At Any Rate- The New York Motor Vehicle Retail Instalment Sales Act Jan 1973

Unsafe At Any Rate- The New York Motor Vehicle Retail Instalment Sales Act

Fordham Urban Law Journal

This article focuses on motor vehicle retail instalment contracts and their impact on consumer credit development, the abuses they have engendered, and the pattern of regulation which has grown around them. The article first addresses the history of the market and then examines the New York Motor Vehicle Retail Instalment Sales Act, urging legislative reform.


Notes Jan 1973

Notes

Fordham Urban Law Journal

Civil Rights- Municipalities as Parties- Waiver of Sovereign Immunity by a State does not Give a Federal Cause of Action for Damages under Sections 1983 and 1988 of the Civil Rights Act: This Note evaluates the Supreme Court's holding in Moor v. Alameda with reference to the development of sections 1983 and 1988 of the Civil Rights Act through other relevant case law, such as Monroe v. Pape and United Mine Workers v. Gibbs. It then summarizes the holding, which limits persons deprived of civil rights by a municipal employee and who are seeking damages from the municipality in federal …


Pointing The Way To Housing Quality, Alexander Cooper, Michael Kwartler, Charles Reiss Jan 1973

Pointing The Way To Housing Quality, Alexander Cooper, Michael Kwartler, Charles Reiss

Fordham Urban Law Journal

This article highlights the Urban Design Council's goals of promoting the highest economically feasible standard of quality in residential housing and seeking to stimulate beneficial development in cities. The article describes the current zoning plan in effect in New York City, proposes new approaches to improve housing quality by exploring the elements of "quality" and zoning as a means of achieving such quality housing.


Pre-Sentence Reports: Utility Or Futility? A Report Of The New York City Board Of Correction, New York City Board Of Correction Jan 1973

Pre-Sentence Reports: Utility Or Futility? A Report Of The New York City Board Of Correction, New York City Board Of Correction

Fordham Urban Law Journal

This article evaluates New York Criminal Procedure Law increasing the number of cases requiring pre-sentence investigations and reports by analyzing the consequences and benefits of pre-sentencing reports. The article focuses on the delays in the criminal justice system and urges the New York State government to undertake a comprehensive review of the criminal justice system to determine whether plea bargaining is both the most effective and efficient method of achieving the system's goals. The article then suggests interim measures to be taken to alleviate delays produced by pre-sentence investigations.


Book Reviews Jan 1973

Book Reviews

Fordham Urban Law Journal

Criminal Sentences Law Without Order by Marvin E. Frankel: This book discusses the crucial issues involved with sentencing by outlining the methods by which criminal defendants are sentenced and then offers possible remedies for improving the criminal justice system's sentencing guidelines. It addresses potential judicial incompetence with regard to sentencing, correctional facilities, and the lack of guidance in criminal codes. Super Tenant by John M. Striker and Andrew O. Shapiro: This book discusses the development and progress in the law of tenant's rights, including discussion of rent stabilization, landlord liability for tort damages, and more recent concepts such as the …


Books Received Jan 1973

Books Received

Fordham Urban Law Journal

Books received includes: Abortion II: Making the Revolution. By Lawrence Lader. After Conviction: A Review of the American Correction System. By Ronald L. Goldfarb and Linda R. Singer. The American Disease: Origins of Narcotic Control. By David F. Musto. City Police. By Jonathan Rubinstein. The Coming of Post-Industrial Society: A Venture in Social Forecasting. By Daniel Bell. The Eleventh Amendment and Sovereign Immunity. By Clyde E. Jacobs. Handling Consumer Credit Cases. By Barkley Clark and John R. Fonseca. Impeachment: The Constitutional Problems. By Raoul Berger. In His Own Image: The Supreme Court in Richard Nixon's America. By James F. Simon. …


Advertising Regulation: The Contemporary Ftc Approach, Gerald J. Thain Jan 1973

Advertising Regulation: The Contemporary Ftc Approach, Gerald J. Thain

Fordham Urban Law Journal

This article deals with the Federal Trade Commission's traditional activities of adjudication and rule-making by discussing expansion of theories of violation, standards of proof and remedies in advertising cases brought under section 5 of the FTC Act. Specifically, the article discusses pending cases and the FTC's involvement in deceptive advertising, the "Unfairness Doctrine," and the problems associated with advertising targeted at children. The article then evaluates the FTC's alternative approaches to adjudication and rule-making through its substantiation program and stance on counter-advertising.


Crime Victims' Compensation- Title I Of The Proposed Victims Of Crime Act Of 1973: An Analysis Jan 1973

Crime Victims' Compensation- Title I Of The Proposed Victims Of Crime Act Of 1973: An Analysis

Fordham Urban Law Journal

This comment analyzes and explains the major provisions of Title I of the proposed Victims of Crime Act of 1973, proposed federal legislation to compensate victims of criminal acts. The comment discusses the scope of compensation, limitations and requirements for recovery, and procedures for the disposition of claims.


The New York City Noise Control Code: Not With A Bang, But A Whisper Jan 1973

The New York City Noise Control Code: Not With A Bang, But A Whisper

Fordham Urban Law Journal

This comment reviews the history of noise control legislation in New York City and examines the New York City Noise Control Code enacted in 1972 to reduce and regulate noise levels by explaining its administration, substantive limitations, and method of enforcement. The comment concludes by recognizing the important advancements promulgated by the Code and evaluating its possibility of success.


Case Notes Jan 1973

Case Notes

Fordham Urban Law Journal

Constitutional Law- Freedom of Speech- Dismissal of Public School Teacher for Symbolic Expression of Political Opinion in the Classroom Held Unconstitutional. This case note discusses the first amendment issue in James v. Board of Education, 461 F.2d 566 (2d Cir. 1972), and the extent to which schools may limit a teacher's freedom of expression in the classroom. The note reviews the various tests used to analyze freedom of expression in general and then analyzes case law in the school context to infer that a court may permit state or local governments to control classroom expression when a teacher uses his …


Book Reviews, Judith T. Younger, Joseph R. Crowley Jan 1973

Book Reviews, Judith T. Younger, Joseph R. Crowley

Fordham Urban Law Journal

Urban Planning and Land Development Control Law. By Donald Hagman. This book seeks to "distill, summarize and state textually the wisdom on planning and development control law collected" and serves as a supplement to Mr. Hagman's casebook. The reviewer criticizes the book for not more fully addressing zoning issues and the related problem of population concentration and dispersion as evidenced in the Golden v. Planning Board case. Public Workers and Public Unions. Edited by Sam Zagoria. This book brings together divergent views on on the growth of unions and other employee organizations, the impacts ad legal issues presented by collective …


Books Received Jan 1973

Books Received

Fordham Urban Law Journal

List of Books Received.