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Articles 61 - 90 of 101
Full-Text Articles in Accounting Law
Some Reflections On New York City's Disability Law, Robert Hammel
Some Reflections On New York City's Disability Law, Robert Hammel
Fordham Urban Law Journal
The article provides a broad overview of general disability law, and the distinctive features of New York City's disability law. The author introduces American human rights law as distinct in that it does not purport to advance the needs of the disabled, but merely penalizes individuals found to discriminate against them. After providing a definition of disability discrimination by drawing parallels to race, the article outlines the impacts of New York City's uniquely broad definition of disability. Finally, the author draws on case studies to illustrate the problems in fashioning remedies for discrimination violations.
Some Reflections On New York City's Disability Law, Robert Hammel
Some Reflections On New York City's Disability Law, Robert Hammel
Fordham Urban Law Journal
The article provides a broad overview of general disability law, and the distinctive features of New York City's disability law. The author introduces American human rights law as distinct in that it does not purport to advance the needs of the disabled, but merely penalizes individuals found to discriminate against them. After providing a definition of disability discrimination by drawing parallels to race, the article outlines the impacts of New York City's uniquely broad definition of disability and concludes that the disabled are inevitably given less relief than a model which understands their needs, while at the same time the …
The Application Of Civil Rights Laws To Housing Cooperatives: Are Co-Ops Bastions Of Discriminatory Exclusion Or Self-Selecting Models Of Community-Based Living?, Rosemarie Maldonado, Robert D. Rose
The Application Of Civil Rights Laws To Housing Cooperatives: Are Co-Ops Bastions Of Discriminatory Exclusion Or Self-Selecting Models Of Community-Based Living?, Rosemarie Maldonado, Robert D. Rose
Fordham Urban Law Journal
Despite one of the nation's broadest civil rights laws for residents of housing cooperatives, few of New York City's discrimination claims in the cooperative housing market are pursued. In this article, the authors provide an overview of the cooperative housing market in New York City, including anecdotal evidence of discrimination. Next, the article discusses the legal framework of the housing cooperative before a brief analysis of city, state and federal anti-discrimination laws applicable to cooperatives. Finally, the article undertakes an analysis of cases in which antidiscrimination laws have been applied to cooperatives. The author concludes with recommendations for cooperatives and …
A New Sword To Slay The Dragon: Using New York Law To Combat Environmental Racism, Kimberlianne Podlas
A New Sword To Slay The Dragon: Using New York Law To Combat Environmental Racism, Kimberlianne Podlas
Fordham Urban Law Journal
In this article, the author explores legal strategies available to New York plaintiffs seeking to raise an environmental racism claim. In Part I, the article provides a brief overview of the problem of environmental racism. Part II highlights the interplay between state and federal law, explaining the superiority of state laws in developing strategies for novel legal claims. This is surprising because no plaintiff has filed such a claim under state law in New York. The author concludes with the substantive areas of New York state law-both statutory and constitutional- available to plaintiffs making an environmental racism claim and also …
American Bar Association Criminal Justice Section Report To The House Of Delegates, Myrna S. Raeder
American Bar Association Criminal Justice Section Report To The House Of Delegates, Myrna S. Raeder
Fordham Urban Law Journal
The proposed amendments to the Federal Rules of Evidence, Rules 413-15 regarding the admission of character testimony in cases of sexual abuse and child molestation, have been roundly criticized by the legal community on both substantive and procedural grounds. The ABA has resolved to oppose the substance of these rules, and fear that in addition to the direct concerns regarding the result of the rules, they raise troubling policy issues going forward.
Some Thoughts On The Sexual Misconduct Amendments To The Federal Rules Of Evidence, Norman M. Garland
Some Thoughts On The Sexual Misconduct Amendments To The Federal Rules Of Evidence, Norman M. Garland
Fordham Urban Law Journal
Although the adoption of the Federal Rules of Evidence 413-15 may have a positive result, Congress rushed their drafting which has led to several problems and ambiguities in the proposed rules. One of these major ambiguities is the issue of what standard of proof might be applied to decide the admissibility of such other, uncharged sex crimes offered against the accused.
Note: Diamond Is The Rtc's Best Friend: Federal Preemption And The Balance Of The Term Of Rent Regulated Leases In Resolution Trust Corporation V. Diamond, Daniel N. Zinman
Note: Diamond Is The Rtc's Best Friend: Federal Preemption And The Balance Of The Term Of Rent Regulated Leases In Resolution Trust Corporation V. Diamond, Daniel N. Zinman
Fordham Urban Law Journal
This Note provides an overview of the New York City rent regulations and FIRREA and discusses their relevance to the Diamond decisions. Part III of this Note describes the reasons the RTC should be allowed to repudiate the tenancies, based on express and conflict preemption analyses. Part IV addresses the length of the balance of the term of a rent regulated lease. Part V concludes that the rent regulated leases may be repudiated by the RTC, that the balance of the term of a rent stabilized lease is theremaining time in the renewal period, and that more statutory guidance is …
The Warning From Pittsburgh's Golden Triangle: Home Of The Steelers, The Pirates And The Amorphous Favoured Nation Clause In The Commercial Lease, Ronald J. Offenkrantz
The Warning From Pittsburgh's Golden Triangle: Home Of The Steelers, The Pirates And The Amorphous Favoured Nation Clause In The Commercial Lease, Ronald J. Offenkrantz
Fordham Urban Law Journal
Part I of this Article gives a brief outline of the more obvious concerns posed by the introduction of a favored nation concept in a commercial lease. Part II discusses cases involving favored nation clauses in various types of commercial contracts and illustrates the difficulty courts have had in assessing whether one contract is, in fact, more favorable than another. Part III introduces the reader to the trilogy of cases in Pittsburgh's Golden Triangle starting with the Pittsburgh Steelers and Pittsburgh Pirates litigation with the Pittsburgh Stadium Authority. This litigation gives focus to the problems posed by a favored nation …
The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park
The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park
Fordham Urban Law Journal
There is considerable debate as to whether to admit evidence of past sexual assaults in cases where the accused presents a defense of consent to a current sexual assault charge. The consent defense presents a unique situation where, due to the probative value of evidence that suggests propensity to rape, a strong justification can be made to admit this information as evidence. However, critics of this opinion have argued that admitting propensity evidence about the accused in a rape case is inconsistent with the rape shield rule which excludes propensity evidence about the victim. This argument is flawed in the …
The New York Tax Windfall, Constantine N. Katsoris
The New York Tax Windfall, Constantine N. Katsoris
Fordham Urban Law Journal
With the enactment of the 1986 Internal Revenue Code and its elimination of many tax deductions, the scope of what is now considered taxable income has been greatly broadened. New York State, the State with the highest average per-person income tax levy in the country, because it generally follows the federal definitions of what is considered taxable income stands to reap an enormous tax windfall in the coming years due to the federal definitional change as to what is considered taxable income. This Article discusses the two major plans being considered as what to do with the expected windfall. It …
Repurchase Agreement Transactions In Securities Investor Protection Act Proceedings, Michael D. Bolton
Repurchase Agreement Transactions In Securities Investor Protection Act Proceedings, Michael D. Bolton
Fordham Urban Law Journal
Addresses the treatment of Repurchase Agreements (REPOS) in bankruptcy proceedings before and after the Bankruptcy Reform Act of 1984. Examines the treatment of REPOs as both sales and loans, and concludes that courts should treat REPO transactions as contracts for a sale and subsequent repurchase, in order to insure market stability, protect consumers, and maximize assets. The author further concludes that administering trustees should not be able to classify REPOs as loans, then refuse to protect the owners of securities underlying the REPOs as customers.
Nonemergency Municipal Curfew Ordinances And The Liberty Interests Of Minors, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill
Nonemergency Municipal Curfew Ordinances And The Liberty Interests Of Minors, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill
Fordham Urban Law Journal
Most crimes committed in the United States occur in cities, and a large proportion of these crimes are committed by juveniles under the age of eighteen. Although the total number of reported Crime Index offenses decreased slightly in 1982, surveys of popular attitudes toward crime show an increased fear of crime, especially among persons living in urban areas. One way states have addressed this challenge is by enacting nonemergency juvenile curfew amendments. This Note examines these amendments recently enacted in Trenton and Newark, New Jersey, and the Detroit, Michigan, ordinance which has recently been strictly enforced as part of a …
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.
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 …
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.
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.
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.
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.
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.
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.
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.
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
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.