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Articles 1 - 30 of 36
Full-Text Articles in Law
Rethinking The Supreme Court's Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine
Rethinking The Supreme Court's Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine
Fordham Urban Law Journal
Part I of this Article discusses Supreme Court cases prior to 1981, in which the Court first expressed its hands-off approach to deciding questions of religious practice and belief. This Part suggests that in these decisions, as a result of a proper concern for religious autonomy, the Court already began the process of expanding the principle of judicial non-interference, at the cost of sacrificing effective adjudication of important constitutional issues. Part II of this Article critiques the Court's approach in Free Exercise Clause cases, identifying different problems that have arisen as a result of the Court's approach. This Part argues …
Community-Based Health Care: A Legal And Policy Analysis , Lewis D. Solomon, Tricia Asaro
Community-Based Health Care: A Legal And Policy Analysis , Lewis D. Solomon, Tricia Asaro
Fordham Urban Law Journal
While Washington has been unable to lead the way in significant health care reform, the health care system has begun to transform itself in terms of curbing skyrocketing health care costs, dealing with the more than forty million Americans who lack health care coverage, and the problems plaguing the Medicare and Medicaid systems. The search has begun for a health care model that ensures quality care to a wide population in a cost-efficient manner. This article explores how the U.S. Health care system currently functions, examines several innovative models, and suggests ways in which a decentralized, community-based approach to health …
The "Baby Aids" Bill, Nettie Mayersohn
The "Baby Aids" Bill, Nettie Mayersohn
Fordham Urban Law Journal
Assemblywoman Mayersohn first explains the reasons behind her support for the so-called “Baby AIDS” bill; namely, that over one thousand babies in New York State tested positive for AIDS or HIV antibodies every year but medical professions were not allowed to reveal the results to anyone, including the mother. After the introduction of the bill, the author details how she received criticism and opposition from activist organizations that she had previously supported. In conclusion, the “Baby AIDS” bill is a success because it no longer treated infected infants as some sort of statistical tool and ensures the infants receive the …
Mandatory Testing Of Pregnant Women And Newborns: Hiv, Drug Use, And Welfare Policy, Wendy Chavkin, Deborah Elman, Paul H. Wise
Mandatory Testing Of Pregnant Women And Newborns: Hiv, Drug Use, And Welfare Policy, Wendy Chavkin, Deborah Elman, Paul H. Wise
Fordham Urban Law Journal
An emerging strand of thought portrays pregnant women with drug addiction and HIV infection as having a willful hostility towards their fetus. As a result, pregnant mothers with HIV or addictions are confronted with decreased funding for services and increased sanctions for positive toxicology tests. The rhetoric of blame towards “deviant” mothers has escalated to embrace poor mothers in general. However, in order to support the babies, their mothers must be supported as well.
Changing Positions And Entrenched Polemics: A Brief History Of The Association To Benefit Children’S View On Pediatric Hiv Testing, Counseling, And Care, Colin Crawford
Fordham Urban Law Journal
In this Article, the author documents the trajectory of the Association to Benefit Children’s approach to pediatric HIV testing. Part I focuses on ABC’s lawsuit on behalf of children with HIV in New York and documents the settlement process, which resulted in allowing mothers to know the results of the HIV test results. Next, the author reflects on why the debate became as acrimonious as it did, and how that impeded the resolution of a satisfactory result for the widest number of people. Lastly, the author offers several lessons learned from the controversy surrounding the debate. Specifically, the debate over …
Bioethical Consideration Of Maternal-Fetal Issues, Linda Farber Post
Bioethical Consideration Of Maternal-Fetal Issues, Linda Farber Post
Fordham Urban Law Journal
The relationship between a pregnant woman and her fetus is unlike any other in law, medicine, or ethics. This Article examines the complexity of the maternal-fetal conflict, focusing on the interests of the woman and the sometimes conflicting interests of her fetus. Part I discusses the typical analytical background of the conflict, explaining the various ethical principles, rights, and obligations involved such as autonomy, beneficence and nonmaleficence, and justice. Part II explores the various choices made by the pregnant woman, as well as the state’s attempts to regulate those choices on behalf of the fetus. This Article concludes that, while …
Profits, Poverty, And Health Care: An Examination Of The Ethical Base Of Economics, Robert J, Brent
Profits, Poverty, And Health Care: An Examination Of The Ethical Base Of Economics, Robert J, Brent
Fordham Urban Law Journal
Part I of this Article explains the dual analysis of ethics (ethical base of markets as a process and an end result) as it relates to profits and market efficiency. In particular, the author questions whether individuals are able to judge their own welfare and, if so, do individuals accept that they are the best judge. Part II explains the ethics of profit and its relation to poverty. Specifically, the author describes the response to poverty in the context of health care by the consumer and producer. The author concludes by noting that the need for efficiency is in health …
Physician-Assisted Suicide: A Common Law Roadmap For State Courts, Alan Meisel
Physician-Assisted Suicide: A Common Law Roadmap For State Courts, Alan Meisel
Fordham Urban Law Journal
Part I examines the development of the law legalizing passively hastening death and how this development relied significantly on distinguishing passively hastening death from actively hastening death. Part II subjects the arguments used to legitimate passively hastening death to a traditional criminal law analysis and demonstrates their weaknesses which were simple to conceal when there was little enthusiasm for, and discussion of, the legalization of actively hastening death. The central role of consent in legitimating passively hastening death is analyzed in Part III. Although passively hastening death technically satisfies all of the elements of the crimes of assisted suicide and …
The Public Hospital, Lewis R. Goldfrank, M.D.
The Public Hospital, Lewis R. Goldfrank, M.D.
Fordham Urban Law Journal
The author traces the development of public and private hospitals. In particular, the Article looks at the changing role of the hospital and the development of federal legislation. Next, the author reviews the functions of the public hospital, which include providing care for the poor, prisoners, psychiatric patients, trauma patients, and addicts. A public hospital also has the role of providing emergency and trauma care, while serving a role in disaster management and as the training grounds for the next generation of medical professionals. The closure of public hospitals has become frequent and it does not appear that the current …
Is There A Right To Physician-Assisted Suicide?, J. David Bleich
Is There A Right To Physician-Assisted Suicide?, J. David Bleich
Fordham Urban Law Journal
In Part I, the author explains that it is the adjudication between the conflicting claims of individual liberty, personal autonomy and self-determination versus the preservation of life as a societal value that is at the core of the issue posed by physician-assisted suicide. In Part II, author makes the case against suicide, noting that liberty is not absolute and the state retains powers of sovereignty to curtail an individual’s liberty in the face of a countervailing state interest. In Part III, the author discusses the relevant case law relating to the withdrawal of medical treatment. Part IV concludes with a …
Physician-Assisted Suicide: An Anthropological Perspective, Cheryl Mwaria
Physician-Assisted Suicide: An Anthropological Perspective, Cheryl Mwaria
Fordham Urban Law Journal
In considering physician-assisted suicide, the real challenge lies in understanding the nature of culture itself. Missing from the debate is a discussion of the social consequences of hidden expectations and obligations with respect to access to health care, allocation of resources, terminal and chronic illness, disability, difference, suffering, and the nature of death itself. Part I explores the hidden dimensions of culture that operate at the level of the unconscious. In order to examine the ways in which our cultural expectations are likely to change with the legalization of physician-assisted suicide and active euthanasia it is imperative that we consider …
Physician-Assisted Suicide: Three Crucial Distinctions, Norton Spritz
Physician-Assisted Suicide: Three Crucial Distinctions, Norton Spritz
Fordham Urban Law Journal
In Part I discusses whether there is a sustainable distinction between withholding or withdrawing life-sustaining measures and physician-assisted suicide. By segregating those who choose to end their lives into two groups, albeit with considerable overlap, the state can exert its general interest in preserving life and preventing suicide where it has the greatest interest and justification for doing so. In Part II, the author explores whether we can maintain a distinction between the right of a patient to have his or her physician assist in suicide and a direct role of the physician in various forms of euthanasia. Next, the …
Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory
Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory
Fordham Urban Law Journal
This Article examines the deep human rights concerns within the transmogrifying world of work, focusing on the integral part that work plays in the definition, construction, maintenance, and enhancement of the social contract in the context of the New York City welfare workforce. Part I reviews the "employee"/partner/independent contractor distinctions, focusing on recent case law, the regulatory tax regime, and related issues. Part II examines the complex pressures that workfare legislation will exert throughout most sectors of the workforce and the unemployed. Part III explores the role of Catholic social teachings on workers' rights as well as the reemergence of …
The Betrayal Of Mcmahon, Constantine N. Katsoris
The Betrayal Of Mcmahon, Constantine N. Katsoris
Fordham Urban Law Journal
There is controversy over awarding punitive damages by arbitration in securities disputes. Securities disputes are unique because the vast majority of such disputes are filed at Self Regulatory Organizations (“SROs”) which are subject to SEC oversight. However, other securities disputes are filed at the American Arbitration Association (“AAA”), which is not subject to SEC oversight. As a result differing rules evolved for SRO arbitrations than those applicable at the AAA. No SRO rule directly authorized punitive damages but section 31(d) of the Uniform Code of Arbitration prohibits limiting the ability of arbitrators to make any award. Whereas a AAA rule …
Towards A Compassionate And Cost-Effective Drug Policy: A Forum On The Impact Of Drug Policy On The Justice System And Human Rights
Fordham Urban Law Journal
This is a transcript from the the first of three panels on drug policy and the impact of drug policy on the justice system and human rights. Don Johnson of the New York Society for Ethical Culture and Tom Haines the Chairman of the Executive Committee of the Partnership for Responsible Drug Information introduced the moderator Kathy Rocklen. Judge Sweet of the Southern District of New York is joined by experts on drug policy from the medical and academic worlds, private foundations and other interested organizations, who will give their views on the impact of drug policy on the justice …
Dual Sovereignty And The Double Jeopardy Clause: If At First You Don't Convict, Try, Try, Again , Robert Matz
Dual Sovereignty And The Double Jeopardy Clause: If At First You Don't Convict, Try, Try, Again , Robert Matz
Fordham Urban Law Journal
This Note argues that the application of the dual sovereignty doctrine to cases involving successive state and federal prosecutions, where the initial prosecution resulted in an acquittal, violates the Double Jeopardy Clause of the Fifth Amendment. Part I discusses the rationale for the prohibition against double jeopardy and the principle of dual sovereignty. Part II outlines the Supreme Court jurisprudence regarding successive prosecutions brought by independent sovereigns. Part III reviews the arguments against applying the dual sovereignty doctrine in the context of successive prosecutions where the initial prosecution resulted in an acquittal and proposes that the Supreme Court reconsider the …
Peer Harassment Under Title Ix Of The Education Amendments Of 1972: Where's The Intent, Chantal N. Senatus
Peer Harassment Under Title Ix Of The Education Amendments Of 1972: Where's The Intent, Chantal N. Senatus
Fordham Urban Law Journal
This Note argues that in peer harassment cases, school districts should face liability under a “known or should have known” standard where the school’s intent to discriminate may be determined by the circumstances of the case. Part I provides a brief historical overview of Title IX and the traditional forms of hostile environment harassment that it has been used to combat, demonstrating that courts use the statute to punish harassment where the school has reason to know of the harassment and fails to take appropriate action. Part II explores a subset of hostile environment cases where U.S. circuit courts are …
Female Genital Mutilation: What Does The New Federal Law Really Mean?, Khadijah F. Sharif
Female Genital Mutilation: What Does The New Federal Law Really Mean?, Khadijah F. Sharif
Fordham Urban Law Journal
This Comment considers the growing number of immigrants who bring the traditional practice of female genital mutilation to the United States and examines the difficulty in protecting victims from the practice of female genital mutilation in insular communities. Part I outlines the three types of female genital mutilation, the cultural and religious reasons for the ritual, and the existence of the practice in the United States. Part II examines the provisions of the Immigrant Responsibility Act of 1996. Part III recognizes that the passage that the passage of the Immigrant Responsibility Act of 1996 is timely, but argues that its …
Religion And Politics: A Reply To Justice Antonin Scalia, Nadine Strossen
Religion And Politics: A Reply To Justice Antonin Scalia, Nadine Strossen
Fordham Urban Law Journal
This piece is an edited transcript of Professor Strossen's oral presentation on "Religion and Politics" at the Jewish Theological Seminary ("JTS") in New York on June 18, 1996. She was responding to Justice Antonin Scalia's presentation at JTS on the same subject on May 21, 1996. The major topics included in this essay are constitutional interpretation regarding individual liberty in general, and constitutional interpretation specifically regarding the two religion clauses of the First Amendment - The Establishment Clause and the Free Exercise Clause. The main conclusion of this piece is that strictly enforcing both First Amendment religion clauses is an …
Disease Prevention As Drug Policy: A Historical Perspective On The Case For Legal Access To Sterile Syringes As A Means Of Reducing Drug-Related Harm, Mark Parts
Fordham Urban Law Journal
This article integrates the historical medical literature and the current research, so that we can see the full extent of the harm caused by limiting availability of sterile syringes and the importance of policies providing access to sterile syringes as a part of our efforts to fight the epidemics of today and tomorrow. This article concludes that a thorough understanding of the damage created by sterile syringe restrictions is crucial to the development of effective disease prevention policies.
Then And Now: The Commercial Practice Of Law For Over Fifty Years, Harold A. Segall
Then And Now: The Commercial Practice Of Law For Over Fifty Years, Harold A. Segall
Fordham Urban Law Journal
This article compares the practice of law in 1997 to the practice of law of the past. This article emphasizes the need, now more than ever, for monitoring the costs of legal services and for avoiding litigation. In this context, it is essential to delineate the responsibility of inside counsel and outside counsel and for each to have a close working relationship, where indicated, with the client-manager.
Linking Genes With Behavior: The Social And Legal Implications Of Using Genetic Evidence In Criminal Trials, Carol A. Gaudet
Linking Genes With Behavior: The Social And Legal Implications Of Using Genetic Evidence In Criminal Trials, Carol A. Gaudet
Fordham Urban Law Journal
This Note surveys the increasingly problematic issue of using genetic information in legal decision making. This Note concludes that genetic evidence should be admissible during both the guilt or innocence phases and the penalty phases of criminal trials because it improves the trial process by enhancing juries' understanding of the defendant's intentions during the commission of their crimes.
Attorneys And Social Workers Collaborating In Hiv Care: Breaking New Ground, Randye Retkin, Gary L. Stein, Barbara Hermie Draimin
Attorneys And Social Workers Collaborating In Hiv Care: Breaking New Ground, Randye Retkin, Gary L. Stein, Barbara Hermie Draimin
Fordham Urban Law Journal
This article identifies and analyzes the complex ethical and service questions that arise when attorneys and social workers collaborate on behalf of their clients. These issues include: client confidentiality; attorney-client privilege and client waiver of the privilege; identification of the primary client and multi-party representation; legal requirements versus ethical obligations appropriate division of professional responsibilities; case reviews and consultations; and models for combing law and social work practices This article is intended to increase the understanding of and respect for the contributions of both disciplines, promote dialogue among professionals, and enhance service collaborations where appropriate.
The Rights To Future Technologies: Should Bourne V. Disney Change The Rules?, Gayley Rosen
The Rights To Future Technologies: Should Bourne V. Disney Change The Rules?, Gayley Rosen
Fordham Urban Law Journal
This note analyzes the decision in Bourne v. Disney and proposes a method for courts to determine whether a licensing agreement includes the rights to future technologies. This Note concludes that courts should only interpret licenses to include the rights to future technology when the contract includes a broad grant of rights or a future-mediums clause. Even when the contract does not include a future-mediums clause, it should not be enforced when the form of technology is so disimilar from the technology contemplated as to be unfair.
Working Welfare Recipients: A Comparison Of The Family Support Act And The Personal Responsibility And Work Opportunity Reconciliation Act, Lindsay Mara Schoen
Working Welfare Recipients: A Comparison Of The Family Support Act And The Personal Responsibility And Work Opportunity Reconciliation Act, Lindsay Mara Schoen
Fordham Urban Law Journal
This Note compares the work requirements of the Family Support Act ("FSA") with those promulgated by the Personal Responsibility and Work Opportunity Reconciliation Act ("PRWORA") This Note concludes that the fairest and most effective welfare program offers a combination of work, education, and training, and proposes suggestions for implementing the existing work requirements to ensure long-term self sufficiency for welfare recipients.
Mandatory Testing Of Pregnant Women And Newborns: Hiv, Drug Use, And Welfare Policy, Elizabeth B. Cooper
Mandatory Testing Of Pregnant Women And Newborns: Hiv, Drug Use, And Welfare Policy, Elizabeth B. Cooper
Fordham Urban Law Journal
In this Introduction, the author discusses how the collection of essays provide insightful analysis of biological, legal, and public health issues surrounding mandatory testing of pregnant women and infants for HIV. As background, beginning February 1, 1997, New York ordered that every newborn in the state be tested for HIV-antibodies. In addition, the results are disclosed to the delivering mother, her physician, and her child’s physician, thus raising difficult ethical and policy questions for the Symposium panel.
Foreword: Urban Bioethics, Elizabeth B. Cooper, Benjamin C. Zipursky
Foreword: Urban Bioethics, Elizabeth B. Cooper, Benjamin C. Zipursky
Fordham Urban Law Journal
On February 26, 1997, the Fordham University School of Law hosted the Sixth Annual Stein Center Symposium on Contemporary Urban Challenges, entitled "Urban Bioethics: A Symposium on Health Care, Poverty, and Autonomy." The Foreword introduces Articles in this Symposium issue and discusses two central themes of the various Articles: socioeconomic framing of bioethical and healthcare issues, and the challenge of the moral consensus.
Towards A Competitive Health Care System, Robert L. Hubbard
Towards A Competitive Health Care System, Robert L. Hubbard
Fordham Urban Law Journal
The antitrust laws constitute the foundation and fundamental strength of the U.S. democratic free enterprise system. Competition enhances both the democratic and economic opportunities, including in the healthcare markets. Although healthcare markets have significant market imperfections, a competitive system is more appropriate for the healthcare markets because it delivers choice among alternatives that regulation does not. Thus, the question to ask in the healthcare system is what can be done to make competition work better.
Some Preliminary Thoughts On The Deregulation Of Insurance To Advantage The Working Poor, Maria O'Brien Hylton
Some Preliminary Thoughts On The Deregulation Of Insurance To Advantage The Working Poor, Maria O'Brien Hylton
Fordham Urban Law Journal
The regulatory framework in which employee benefits products are marketed and consumed by individuals and groups seeking to reduce exposure to covered events which influences the way insurance products are developed. The paper examines the important role that various forms on insurance play in the total compensation of low wage employees, focusing in particular on disability and health insurance. In particular, the author seeks ways in which the applicable regulatory framework might be altered to improve access and coverage. The important aspect of state regulatory law is the growing tendency to impose mandates on insurers who wish to do business …
Physician-Assisted Suicide: Rights And Risks To Vulnerable Communities, Benjamin C. Zipursky
Physician-Assisted Suicide: Rights And Risks To Vulnerable Communities, Benjamin C. Zipursky
Fordham Urban Law Journal
In this Introduction, the author discusses the recent Supreme Court decisions Washington v. Glucksberg and Vacco v. Quill. On one hand, several panel contributors hold the position that one should have the right to control one’s own death, which is rooted in autonomy, liberty, and equality. Scholarly voices on the other side of the debate, including four panel members, believe that the legalization of physician-assisted suicide would create intolerable risks, particularly to those in the community who are the most vulnerable: the poor, the elderly, and the mentally and physically disabled.