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Articles 1 - 30 of 30
Full-Text Articles in Law
Should The Capital Vote In Congress? A Critical Analysis Of The Proposed D.C. Representation Amendment , U.S. Senator Orrin G. Hatch
Should The Capital Vote In Congress? A Critical Analysis Of The Proposed D.C. Representation Amendment , U.S. Senator Orrin G. Hatch
Fordham Urban Law Journal
This article describes H.J. Res. 554, the proposed Amendment to obtain voting representation for D.C. It gives a historical overview of the District and its efforts to gain national representation, and presents a critical analysis of the case for District representation, including a summary of the arguments made in favor of the proposed amendment, as well as the constitutional and policy objections to the D.C. Amendment. The article concludes that proponents of the amendment conflate representation of the citizens of the District with representation of the District, and overlook its place as a neutral seat of government.
Fair Plans: History, Holtzman And The Arson-For-Profit Hazard, Joanne Dwyer
Fair Plans: History, Holtzman And The Arson-For-Profit Hazard, Joanne Dwyer
Fordham Urban Law Journal
This Comment discusses the Fair Access to Insurance Requirements (FAIR) plans implemented in twenty-six states, the District of Columbia, and Puerto Rico pursuant to the Urban Property Insurance Protection and Reinsurance act in an attempt to ameliorate urban deterioration by reducing unfair insurance pratices. These plans provided insurance to property owners denied insurancy in the voluntary market. The Comment outlines the history of FAIR plans, their federally mandated guidelines, and the state's implementation of such requrements, the Holtzman amendment of 1978 (requiring at least one-third of the voting members of the FAIR plan governing boards to be independent representatives of …
Arson Fraud: Criminal Prosecution And Insurance Law, Anne Winslow Murphy, Andrew Maneval
Arson Fraud: Criminal Prosecution And Insurance Law, Anne Winslow Murphy, Andrew Maneval
Fordham Urban Law Journal
This comment discusses prosecutions for arson, and more specifically the lack of successful prosecutions of "arson-for-profit," arson that is motivated by an intent to defraud an insurance company. The comment discusses the difficulties in proving arson under both common law and statutory schemes, and various ways to strengthen prosecution of arson fraud. Ultimately the comment concludes that cost may be the most significant obstacle to effective prosecution of the crime of arson, and the power of reform lies with the budget officers of the agencies and elected public officials.
Pension Law--Garnishment--Pension Fund Benefits Governed By The Federal Employee Retirement Income Security Act Are Subject To Court-Ordered Alimony And Child Support Payments.
Fordham Urban Law Journal
This Case Note summarizes the case American Telephone & Telegraph Co. v. Merry, 592 F.2d 118 (2d Cir. 1979). In this case the court of appeals faced problems of statutory construction and ERISA, namely whether ERISA protected pension plans from ganishment orders ordering alimony and child support be payed while waiting for an ultimate jugment as to whether they should be paid. The court of appeals affirmed the district court's holding that ERISA did not prohibit the garnishment of pension plan benefits to satisfy alimony and support payments nor did it displace the state court's authority in this area by …
Environmental Law: A Reevaluation Of Federal Pre-Emption And The Commerce Clause, Mark J. Alonso
Environmental Law: A Reevaluation Of Federal Pre-Emption And The Commerce Clause, Mark J. Alonso
Fordham Urban Law Journal
This Comment addresses how the concern of state and local governments to regain control over environmental regulation has resulted in a marked increase in conflicts with the commerce and supremacy clauses of the Constitution. Various tests have been used by the courts to determine violations of these Constitutional provisions where environmental objectives are sought through local laws. In the field of environmental litigation, traditional tests are constantly challenged to meet the changing moral climate of the nation. This Comment weighs the desire of local legislatures for more responsive environmental regulation against the federal goal of uniform regulation and unrestrained interstate …
Proposing Standards For Child Custody: The Proceedings, The Role Of The Agency, And The Best Interests Of The Child, Joseph Carrieri, Walter Murawski
Proposing Standards For Child Custody: The Proceedings, The Role Of The Agency, And The Best Interests Of The Child, Joseph Carrieri, Walter Murawski
Fordham Urban Law Journal
Article discusses the nature of child custody proceedings, the roles of the court and the parties, and the standards which the courts will apply in determining the custody of the child under the standard of “best interests” of the child. Article proposes that legislature should amend section 614 of the Family Court Act and section 384(b) of the Social Services Law to state clearly whether the “best interest of the child” test has any relevancy at the fact-finding stage, or whether there must be an independent finding at the fact-finding hearing of neglect or fault on the part of the …
Actuarial Liability: Erisa, Malpractice And The Equity Funding Fraud, Robert Hershan
Actuarial Liability: Erisa, Malpractice And The Equity Funding Fraud, Robert Hershan
Fordham Urban Law Journal
Article discusses the potential effect of the Employee Retirement Income Security Act of 1974 (ERISA) on actuaries. Article discusses how actuaries may be held accountable for negligence and whether they can be considered fiduciaries.
Limited Partnerships In Diversity: The Effect Of Rule 17(B) On Federal Jurisdiction, Marian Burnbaum
Limited Partnerships In Diversity: The Effect Of Rule 17(B) On Federal Jurisdiction, Marian Burnbaum
Fordham Urban Law Journal
Article discusses the Uniform Limited Partnership Act (ULPA) which removed the ability of limited partners to sue or be sued upon partnership rights and how federal courts have different approaches for determining a limited partnerships citizenship under the Federal Rule of Civil Procedure 17(b). One approach applies the common law citizenship rule for unincorporated associations which makes the limited partnership a citizen of every state in which any general or limited partner resides. The alternative method first utilizes Rule 17(b) which directs the court to state law in the location of proper parties to the action where the court may …
The Peculiar Collective Bargaining Status Of Hospital Housestaff, Diane Wende Bricker
The Peculiar Collective Bargaining Status Of Hospital Housestaff, Diane Wende Bricker
Fordham Urban Law Journal
Article discusses confusion as to whether state or federal labor relations boards may decide the collective bargaining rights of housestaff in non-profit hospitals. The National Labor Relations Board found that housestaff were primarily students rather than employees and consequently not a labor organization within the meaning of the National Labor Relations Act. However, since the position is contrary to that which many state courts and labor boards have adopted the article examines (1)if the NLRB preempted state control of labor relations of housestaff in non-profit hospitals and (2) if so, will the federal decision endure, despite the dissatisfaction of state …
Hunters And The Hunted: Rights And Liabilities Of Bailbondsmen, Michael Goldstein
Hunters And The Hunted: Rights And Liabilities Of Bailbondsmen, Michael Goldstein
Fordham Urban Law Journal
This Note examines the development of this extrajudicial power to make arrests, the manner in which it is handled in the context of tort law, and the impact of civil rights legislation on the rights of bailbondsmen.
Challenging New York Grand Jury Composition: The Barrier Of The "Systematic And Intentional Exclusion" Requirement, Pearl Zuchlewski
Challenging New York Grand Jury Composition: The Barrier Of The "Systematic And Intentional Exclusion" Requirement, Pearl Zuchlewski
Fordham Urban Law Journal
Note examines the statutory law which provides for a grand jury in New York, the background of federal constitutional requirements, and New York court decisions which have interpreted the statutes when defendants or witnesses have challenged a grand jury for failing to conform to "the very idea of a jury," which is a body "composed of the peers or equals of the persons whose rights it is selected or summoned to determine his neighbors, fellows and associates.
Developing A Consumer Right To Invoke The Boycott Exception To The Insurance Company Exemption From Federal Antitrust Laws, Brian Mccarthy
Developing A Consumer Right To Invoke The Boycott Exception To The Insurance Company Exemption From Federal Antitrust Laws, Brian Mccarthy
Fordham Urban Law Journal
The McCarran-Ferguson Act provides that the business of insurance shall be subject to the laws of the several states which relate to the regulation or taxation of such business. The Act further provides that the business of insurance shall be exempt from federal antitrust laws if state regulation exists. However, an exception to this exemption exists in section 3(b) of the McCarran Act. Section 3(b) provides that nothing within the McCarran Act shall render the Sherman Act inapplicable to any agreement to boycott, coerce, or intimidate, or any act of boycott, coercion, or intimidation. Despite the seemingly clear statutory language …
Juvenile Privacy: A Minor's Right Of Access To Contraceptives, Victor D'Ammora
Juvenile Privacy: A Minor's Right Of Access To Contraceptives, Victor D'Ammora
Fordham Urban Law Journal
This note traces the historical development of an adult's right to privacy, explore and evaluate the minor's right of access to contraceptives, and focus on parental involvement in a minor's personal decisions regarding abortion and contraceptives.
De Novo Review Under The Food Stamp Act: Interpreting "Administrative Action", Thomas Tesoro
De Novo Review Under The Food Stamp Act: Interpreting "Administrative Action", Thomas Tesoro
Fordham Urban Law Journal
Note examines the judicial review of the Secretary of Agriculture’s determination of households eligible for the food stamp program and compares the various approaches adopted by different circuits.
Criminal Law- Entrapment Defense- Jury Entitled To Disbelieve A Defendant's Unrebutted Test, Alex Calabrese
Criminal Law- Entrapment Defense- Jury Entitled To Disbelieve A Defendant's Unrebutted Test, Alex Calabrese
Fordham Urban Law Journal
Article summarizes United States v. Townsend and argues that a defendant’s wiliness and enthusiasm in carrying out the commission of a crime is irrelevant to the issue of whether the defendant was initially predisposed to commit the offense.
Labor Law- Seniority Rules- An Otherwise Bona Fide Seniority System That Perpetuates Effects Of Pre-Title Vii Discrimination Is Not Unlawful , Marjorie London
Labor Law- Seniority Rules- An Otherwise Bona Fide Seniority System That Perpetuates Effects Of Pre-Title Vii Discrimination Is Not Unlawful , Marjorie London
Fordham Urban Law Journal
Article summarizes International Brotherhood of Teamsters v United States and says that the Supreme Court has carved out an exception to the mandate of the Civil Rights Act that the courts remedy the effects of past employment discrimination that has produced a result that is contrary to the framework and intent of the Act.
Constitutional Law--Due Process And Equal Protection--Price-Anderson Act's $560,000,000 Limit On Liability From A Nuclear Power Plant Accident Is Unconstitutional, Michael Fitzgerald
Constitutional Law--Due Process And Equal Protection--Price-Anderson Act's $560,000,000 Limit On Liability From A Nuclear Power Plant Accident Is Unconstitutional, Michael Fitzgerald
Fordham Urban Law Journal
Article summarizes Carolina Environmental Study Group v United States Atomic Energy Commission and congressional intent of the Price-Anderson Act. Article then speculates that the Price-Anderson Act will be found to be unconstitutional by the Supreme Court
State And Local Tax Incentives For Urban Growth: A Concept Whose Time Never Was?, Joseph Murphy
State And Local Tax Incentives For Urban Growth: A Concept Whose Time Never Was?, Joseph Murphy
Fordham Urban Law Journal
Article discusses the principal tax benefit programs available to private businesses which invest in urban industrial and commercial development, and in housing construction in New York. Article discusses tax incentives created specifically to encourage job development and industrial expansion with particular attention to the Job Incentive Program and investment tax credit schemes.
Restrictions On Access To The Federal Courts In Civil Rights Actions: The Role Of Abstention And Res Judicata, Irma Ascher
Restrictions On Access To The Federal Courts In Civil Rights Actions: The Role Of Abstention And Res Judicata, Irma Ascher
Fordham Urban Law Journal
Article discusses how the United States Supreme Court has limited access of civil rights litigants to the federal courts through expanded use of res judicata. Article discusses availability of federal forum to civil rights claimants who commence actions under sections 1981 and 1983 of Title 42 of the United States Code and Title VII of the Civil Rights Act of 1964.
The Confrontation In The Electoral Forum Between Compelled Disclosure And Freedom Of Association: Recent Developments Concerning Vital Rights, Robert Horkovich
The Confrontation In The Electoral Forum Between Compelled Disclosure And Freedom Of Association: Recent Developments Concerning Vital Rights, Robert Horkovich
Fordham Urban Law Journal
Article discusses the conflict between right of an individual to maintain the privacy of his beliefs and associations and the right or the government to compel disclosure of a citizen’s political activities in light of recent Supreme Court decisions.
An Overview Of Promissory Notes Under The Federal Securities Laws, Frederick Green
An Overview Of Promissory Notes Under The Federal Securities Laws, Frederick Green
Fordham Urban Law Journal
Article discusses the intent of the Securities Act of 1933 and Securities Exchange Act of 1934 and their various judicial interpretations. Article notes the judicial trend away from a literal reading where all securities would be covered by the acts but how the Second Circuit has been reluctant to stray from a literal interpretation of the acts despite a rejection from the United States Supreme Court.
Enforcing Transportation Control Plans: The Environmental Protection Agency Vs. The States, William Bell
Enforcing Transportation Control Plans: The Environmental Protection Agency Vs. The States, William Bell
Fordham Urban Law Journal
Article examines the treatment of transportation control plans (TCP’s) that each state was mandated to create under the Clean Air Act. Article discusses statutory and constitutional objections to challenge the enforcement of the plans, beginning with Pennsylvania v. EPA. Article then considers the issues involved in New York’s TCP which was designed by the State and City of New York.
Electronic Fund Transfers, Branch Banks, And Potential Abuse Of Privacy, Janine Hornicek
Electronic Fund Transfers, Branch Banks, And Potential Abuse Of Privacy, Janine Hornicek
Fordham Urban Law Journal
Article discusses electronic fund transfer (EFT) systems which allow consumers to deposit and withdraw money. Article then discusses the legal problems which have resulted from attempts by national banks to use EFT systems in states which do not allow state banks to engage in branch banking, and whether EFT systems are branch banks under applicable federal law.
The Standard Of Employer Liability For Conduct Of Supervisory Personnel Under The Occupational Safety And Health Act, William Yoquinto
The Standard Of Employer Liability For Conduct Of Supervisory Personnel Under The Occupational Safety And Health Act, William Yoquinto
Fordham Urban Law Journal
Article examines the difference of opinion among the United States courts of appeals regarding the parameters of employer responsibility under the Occupational Safety and Health Act (OSHA) for the conduct of employees. Article examines the Fourth Circuit’s decision in Ocean Electric Corp. v. OSHRC where a more stringent standard of liability should apply to the actions of foremen acting in their supervisory capacity and how other circuits might rule in similar factual scenarios.
Unleashing Cable T.V., Leashing The Fcc: Constitutional Limitations On Government Regulation Of Pay Television, Jo Ann Becker
Unleashing Cable T.V., Leashing The Fcc: Constitutional Limitations On Government Regulation Of Pay Television, Jo Ann Becker
Fordham Urban Law Journal
Article examines the Federal Communications Commission’s 1975 decision to prohibit cablecasters from showing certain types of programming, on the rationale that pay cablevision, through successful competitive bidding, would ‘siphon’ this programming away from broadcast television and deprive the general public of popular programming. Article discusses the history behind the decision, the court of appeals’ treatment of the FCC rules and the decision’s possible effect on future pay cable regulations
Penn Central V. City Of New York: A Landmark Landmark Case, Richard Wolloch
Penn Central V. City Of New York: A Landmark Landmark Case, Richard Wolloch
Fordham Urban Law Journal
Article discusses the Supreme Court’s decision in Penn Central v. City of New York. Article examines the controversy over governmental regulation of realty and the various cases which have been decided thereunder.
The Effect Of Recent Medicaid Decisions On A Constitutional Right: Abortions Only For The Rich?, Michael Lalli
The Effect Of Recent Medicaid Decisions On A Constitutional Right: Abortions Only For The Rich?, Michael Lalli
Fordham Urban Law Journal
Article discusses recent abortion decisions since Roe v Wade and the issues left unanswered, namely, must public hospitals now permit the use of their facilities for abortions and are states obliged to pay for abortions for women who cannot afford them.
Legal Duty To The Unborn Plaintiff: Is There A Limit, Frank Gulino
Legal Duty To The Unborn Plaintiff: Is There A Limit, Frank Gulino
Fordham Urban Law Journal
Author traces the history of legal duty in prenatal injury cases and examines the factors which contributed to the expansion and evolution of such duty. Author examines the approaches used by courts in deciding whether to grant a cause of action for prenatal injuries and analyzes recent decisions and what effect they may have on the future prenatal injury litigation.
Ending Discrimination Against The Handicapped Or Creating New Problems? The Hew Rules And Regulations Implementing Section 504 Of The Rehabilitation Act Of 1973, Abbe Herbst
Fordham Urban Law Journal
Congress' intention of the Rehabilitation Act of 1973 was to eradicate discrimination based on handicap. Note examines how the Rules and Regulations promulgated to implement section 504 of the Act by permitting waivers under certain circumstances fall short of accomplishing this goal and examines the small, but increasing number of cases decided under the Act.
Erisa And The Preemption Of State Law, Walter Donat
Erisa And The Preemption Of State Law, Walter Donat
Fordham Urban Law Journal
Article examines the language of Employment Retirement Income Security Act of 1974 (ERISA), the pre-emption provisions, its legislative history, and the various court interpretations of the preemption provisions.