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Articles 91 - 101 of 101
Full-Text Articles in Accounting Law
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.
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 …
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 …
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.
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.
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.
Redlining: Remedies For Victims Of Urban Disinvestment, Edward W. Larkin
Redlining: Remedies For Victims Of Urban Disinvestment, Edward W. Larkin
Fordham Urban Law Journal
This note discusses the practice of redlining, sometimes referred to as "urban disinvestment," which involves the refusal by lending institutions to provide home mortgage loans or home improvement loans to certain geographical areas or the inclusion of particularly burdensome terms or conditions on the loans. The note analyzes the possible effects of redlining, such as neighborhood deterioration, decline of communities, and the deprivation of the benefits of homeownership, especially as these effects pertain to minority groups. The note then examines the legal alternatives open to victims of redlining, including sections of the Civil Rights Acts of 1866, 1964, and 1968, …
Civil Rights - Housing Discrimination - Federal Courts May Order Metropolitan Area Remedy To Correct Wrongs Committed Solely Against City Residents Where Agencies Have Statutory Authority To Conduct Activities Outside The City Limits, Andres J. Valdespino
Fordham Urban Law Journal
This case note examines the United States Supreme Court's decision in Hills v. Gautreaux, 96 S. Cy. 1538 (1976), specifically the approval of a metropolitan area remedy as a valid form of federal relief. The case resulted from a class action suit against the Chicago Housing Authority (CHA) and the Department of Housing and Urban Development (HUD), alleging racially discriminatory public housing policies and practices. Although violations of the Fourteenth Amendment occurred within the Chicago city limits, the Supreme Court held that a metropolitan remedy which included the surrounding areas outside of the city boundaries was valid and that Milliken …
The Fiscal Crisis Of New York City Voluntary Hospitals, John V. Connorton
The Fiscal Crisis Of New York City Voluntary Hospitals, John V. Connorton
Fordham Urban Law Journal
The cost of providing health care has been rising at an accelerated pace in recent years and hospital care took the largest share of this increase. Although not officially associated with the government, the voluntary health care institution reflects some of the characteristics of a governmental unit. It is traditionally exempt from taxes (although this is recently showing signs of erosion) and derives increasing proportions of its revenues from public funds. These funds are payment for services rendered to indigents at rates far below their costs. Hospitals have resorted to cutting costs other ways attempting to maximize efficiency of their …
Books Reviewed, Stephen M. David, John P. Curley, Mark H. Tuohey
Books Reviewed, Stephen M. David, John P. Curley, Mark H. Tuohey
Fordham Urban Law Journal
Reviews of Why Men Rebel, The Mugging and The police and the Public