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Articles 1 - 14 of 14
Full-Text Articles in Law
Flawlessly Strawless?, Marguerite Moloney
Flawlessly Strawless?, Marguerite Moloney
Fordham Environmental Law Review
No abstract provided.
The Belt-And-Suspenders Canon, Ethan J. Leib, James J. Brudney
The Belt-And-Suspenders Canon, Ethan J. Leib, James J. Brudney
Faculty Scholarship
This Essay christens a new canon into the doctrines of statutory interpretation, one that can counter the too-powerful canon that has courts imposing norms against redundancy in their readings of statutes. Judges engaging in statutory interpretation must do a better job of recognizing how and why legislatures choose not to draft with perfect parsimony. Our Essay highlights the multifarious ways legislatures in federal and state governments self-consciously and thoughtfully – rather than regrettably and lazily – think about employing “belt-and-suspenders” efforts in their drafting practices. We then analyze in depth courts’ disparate efforts to integrate a belt-and-suspenders canon into their …
Footing The Bill For A Sound Basic Education In New York City: The Implementation Of Campaign For Fiscal Equity V. State, Bonnie A. Scherer
Footing The Bill For A Sound Basic Education In New York City: The Implementation Of Campaign For Fiscal Equity V. State, Bonnie A. Scherer
Fordham Urban Law Journal
On March 16, 2005, in what appeared to be a victory for the children of New York City, the Court of Appeals of New York, applying the Education Article, upheld a lower court decision and recommendation, by a panel of judicially appointed Special Referees, holding that the New York State school funding system failed to provide New York City children with a “sound basic education.” The Court of Appeals mandated that the State Legislature phase in $5.6 billion annually, as well as an additional $9.2 billion in a capital fund to reform the City public schools. The opinion, however, failed …
A Model For Arbitration: Autonomy, Cooperation And Curtailment Of State Power, Kenneth
A Model For Arbitration: Autonomy, Cooperation And Curtailment Of State Power, Kenneth
Fordham Urban Law Journal
As compared with the formal pleadings, massive discovery, aggressive motion practice, and endless appeals of litigation, arbitration is undoubtedly more efficient as a dispute resolution mechanism. However, efficiency is only one of many advantages of arbitration. Arbitration empowers disputing parties, promotes individual autonomy and cooperation, and curtails the power of government in the process. Still, the state should not wholly limit its involvement in arbitral processes; the courts do and should have a substantial role in determining the enforceability of arbitration agreements and awards in a few select contexts. Overall, courts should enforce arbitration agreements and only limit enforceability that …
Cargo Of Fire: A Call For Stricter Regulation Of Liquefied Natural Gas Shipment And Storage, Philip Weinberg
Cargo Of Fire: A Call For Stricter Regulation Of Liquefied Natural Gas Shipment And Storage, Philip Weinberg
Fordham Urban Law Journal
The imminent prospect of importation of large quantities of liquefied natural gas (LNG) through congested harbors and its storage in huge tanks in densely-populated urban areas provides a classic instance of our technological reach exceeding our grasp. The severe danger of widespread fire impels an exhaustive examination of the need to import LNG through busy harbors and to store it within cities. Such conveyance and storage expose millions of persons and millions of dollars of property to extraordinary harm. Three aspects of proposed importation of LNG are particularly disturbing: (1) the federal government's insistence on promoting LNG importation prior to …
The Limits Of State Intervention In A Municipal Fiscal Crisis, Joel E. Cohen
The Limits Of State Intervention In A Municipal Fiscal Crisis, Joel E. Cohen
Fordham Urban Law Journal
Municipal fiscal crises are becoming more frequent, causing the tradition of local control to be questioned. The problems plaguing New York City are but one example of this nation-wide trend. In order to aid the City in overcoming its fiscal crisis, New York State has created two novel agencies, the Municipal Assistance Corporation (MAC) and the Emergency Financial Control Board. MAC's major purpose is to aid the city in meeting its financial requirements, while the Control Board's main function is to monitor the City's spending. One accomplishment of these two organizations has been the implementation of drastic austerity measures that …
Habeas Corpus And The Indigent Mental Patient In New York
Habeas Corpus And The Indigent Mental Patient In New York
Fordham Law Review
No abstract provided.
Interrogation Of Criminal Defendants—Some Views On Miranda V. Arizona
Interrogation Of Criminal Defendants—Some Views On Miranda V. Arizona
Fordham Law Review
The decision in Miranda v. Arizona is another of the United States Supreme Court's major efforts directed at the protection of individual liberties. The tremendous controversy engendered by the decision prompted the Editorial Board to invite a number of scholars to express their views on the case. These remarks follow a digest of the opinion of the Court.
Certificate Of Incorporation For A New York Close Corporation: A Form—An Addendum, Robert A. Kessler
Certificate Of Incorporation For A New York Close Corporation: A Form—An Addendum, Robert A. Kessler
Fordham Law Review
No abstract provided.
Local Finances Under The New York State Constitution With An Emphasis On New York City, Frank J. Macchiarola
Local Finances Under The New York State Constitution With An Emphasis On New York City, Frank J. Macchiarola
Fordham Law Review
No abstract provided.
Attacks On The Constitution, Violence, And The Necessity Of Disobedience, Morris D. Forkosch
Attacks On The Constitution, Violence, And The Necessity Of Disobedience, Morris D. Forkosch
Fordham Law Review
No abstract provided.
The Position Of The Private Hospital In State Laws, M. Ann Joachim
The Position Of The Private Hospital In State Laws, M. Ann Joachim
Fordham Law Review
No abstract provided.