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Articles 1 - 19 of 19
Full-Text Articles in Accounting Law
Natives, Newcomers And Nativism: A Human Rights Model For The Twenty-First Century, Berta Esperanza Hernández-Truyol
Natives, Newcomers And Nativism: A Human Rights Model For The Twenty-First Century, Berta Esperanza Hernández-Truyol
Fordham Urban Law Journal
This article undertakes a broad overview of nativist sentiment and discrimination in U.S. social and legal history. Following a powerful vignette of a personal experience encountering nativism because of her accent, the author briefly reviews the history of the New York City Human Rights Commission in Part II. Part III traces the history of U.S. immigration and the parallel legacy of nativism, while Part IV details the legal developments arising from alienage discrimination. After reviewing relevant sources of international human rights law, the author concludes in Part VI by advocating a new human rights paradigm that will promote equality and …
Who's Afraid Of The Human Rights Commission?, Burt Neuborne
Who's Afraid Of The Human Rights Commission?, Burt Neuborne
Fordham Urban Law Journal
This article undertakes an inquiry into the future direction of the New York City Human Rights Commission. In particular, the author imagines two future aims of the Commission, remedying past instances of discrimination and preventing future harm, and advocates a model that proposes a proper balance between the resources allocated to each goal. The author advocates for an expansion of the Commission's focus on preventative measures to deter discrimination by incentivizing employers to adopt precautionary measures, while narrowing remedial focus on guilty individuals.
A Response To Burt Neuborne, Rolando T. Acosta
A Response To Burt Neuborne, Rolando T. Acosta
Fordham Urban Law Journal
In this response to Burt Neuborne's Who's Afraid of the Human Rights Commission, the author views Neuborne's proposal as representing an inevitable shift in the Commission's limited resources to more preventative measures in combating discrimination. This article argues that Neuborne's approach sacrifices the interests of individual victims of discrimination by focusing Commission resources on employer-centered plans for rights discrimination. The article outlines six drawbacks of the Neuborne model, and concludes that more minor changes will allow a proper balance between allocating resources for post- and pre- event occurrences of discrimination.
The Greater Good: Broad Remedies For The Chosen Few, Or More Limited, But Accessible, Remedies For The Masses?, Alfred G. Feliu
The Greater Good: Broad Remedies For The Chosen Few, Or More Limited, But Accessible, Remedies For The Masses?, Alfred G. Feliu
Fordham Urban Law Journal
This article supports an approach espoused by Burt Neuborne in Who's Afraid of the Human Rights Commission. In concurring with Neuborne's approach that the Commission should focus its resources on discrimination prevention over remedy, this article seeks in Part I to bolster Neuborne's approach to re-thinking Commission enforcement paradigms. In particular, the author analogizes the human rights problem to other areas of law and concludes that a pre-event model of preventative measures is the better paradigm for the Commission. In Part II, the author harmonizes this discussion by providing new proposals for the Commission's shifting paradigm on human rights enforcement.
Limiting Respondeat Superior Liability: A Wolf In Sheep's Clothing?, Tracy E. Higgins
Limiting Respondeat Superior Liability: A Wolf In Sheep's Clothing?, Tracy E. Higgins
Fordham Urban Law Journal
In this response to Burt Neuborne's Who's Afraid of the Human Rights Commission, the author seeks to challenge many of the assumptions underlying Neuborne's model calling for increased focus on preventative measures by the Human Rights Commission. In Part I, the author addresses Neuborne's moral arguments and concludes that he undermines the ability of sanctions to deter future conduct. In Part II, the article suggests that although the Human Rights Commission is faced with fewer resources, Neuborne's model for increased preventative enforcement resources would have only a limited impact on employers and would undermine significantly the remedial purpose of human …
Persistent Misconceptions: A Response To Robert Hammel, Janet Eriv
Persistent Misconceptions: A Response To Robert Hammel, Janet Eriv
Fordham Urban Law Journal
In this response to Robert Hammel's Some Reflections on New York City's Disability Law, the author intends to show that the assumptions underlying Hammel's reflect paternalistic and attitudinal problems that disability law was meant to counteract. The author first provides an overview of civil rights law to argue that disability law fits into traditional anti-discrimination law. The article then examines specific concepts central to disability law, and argues that the federal experience of disability law may be useful in interpreting New York City's disability law. The article then challenges specific contentions offered by Hammel, and argues that his conclusions are …
Dignity And Non-Discrimination: The Requirement Of "Reasonable Accommodation" In Disability Law, James J. Weisman
Dignity And Non-Discrimination: The Requirement Of "Reasonable Accommodation" In Disability Law, James J. Weisman
Fordham Urban Law Journal
In his response to Robert Hammel's article Some Reflections on New York City's Disability Law, the author seeks to undermine the basic assumptions underlying Hammel's piece. The article first distinguishes preferential treatment of the disabled from providing people with disabilities the means to use resources equally ("reasonable accommodation"), and the author criticizes Hammel's conflation of the two. The article then argues against Hammel's depiction of New York City's definition of disability as unnecessarily broad. Finally, the author concludes that disability statutes aim to provide equal opportunity for people with disabilities, not to provide every one of their needs, in contrast …
Commercial Litigation In New York State Courts Robert L. Haig, Editor, Honorable Israel Rubin
Commercial Litigation In New York State Courts Robert L. Haig, Editor, Honorable Israel Rubin
Fordham Urban Law Journal
This book review briefly provides an overview of a three-volume series on commercial litigation in New York. In addition to reviewing the structure of the three volumes, the reviewer argues that the series exemplifies both immense breadth and depth, and will be useful for practitioners to consult in New York.
Multiculturalism In Medical Decisionmaking: The Notion Of Informed Waiver, Elysa Gordon
Multiculturalism In Medical Decisionmaking: The Notion Of Informed Waiver, Elysa Gordon
Fordham Urban Law Journal
Beginning with the proposition that the western medical tradition of emphasizing patient autonomy undermines a patient's ability to limit his or her role in medical decision-making, the author of this student note proposes a model of informed waiver to counterbalance the perceived legal bias towards informed consent. Part I explains the western notion of patient autonomy in two distinct ways: first, autonomy is rooted in western ideals of self-governance and political freedom; second, the article discusses how this idea has been developed in American courts. In Part II, the author draws on anecdotal and empirical evidence to demonstrate that autonomy …
Constitution Notwithstanding: The Political Illegitimacy Of The Death Penalty In American Democracy, Stephen H. Jupiter
Constitution Notwithstanding: The Political Illegitimacy Of The Death Penalty In American Democracy, Stephen H. Jupiter
Fordham Urban Law Journal
This Comment argues that the death penalty is inconsistent with underlying principles of American democracy and is thus illegitimate as a matter of political philosophy, despite its conceded constitutionality. It analyzes the Supreme Court's idiosyncratic treatment of challenges to capital punishment on grounds of due process, equal protection and cruel and unusual punishment, demonstrating the unreliability of such challenges. It examines in detail the death penalty's political implications for the American system of democracy and why those implications render capital punishment illegitimate in our society. It discusses the role of the political process in the abolition of the death penalty. …
Local Enforcement Of Laws Prohibiting Discrimination In Housing: The New York City Human Rights Commission, Michael H. Schill
Local Enforcement Of Laws Prohibiting Discrimination In Housing: The New York City Human Rights Commission, Michael H. Schill
Fordham Urban Law Journal
This article examines the problem of housing discrimination in New York City as well as the role of the Human Rights Commission in fighting illegally discriminatory practices. Part I describes the evidence demonstrating housing market discrimination and examines the harmful impact these practices have on many New Yorkers. Part II examines the New York City Human Rights Commission's battle against housing discrimination from its founding in 1955 to the present day. As part of this analysis, New York City's Human Rights Law is compared with analogous protections enacted by the State of New York and the federal government. Data on …
Where Does New York City Go From Here: Chaos Or Community?, Victor A. Bolden
Where Does New York City Go From Here: Chaos Or Community?, Victor A. Bolden
Fordham Urban Law Journal
This article argues that the New York City Human Rights Commission, thirty years after the Civil Rights Movement, must continue to racially desegregate New York City. It portrays this time as critical for whether New York City, in the words of Dr. Martin King Luther Jr., will promote racial chaos or community. The article first outlines the incentives in promoting community. In part II, the article contemplates two major barriers to community and finally, considers strategies for dismantling those barriers.
Some Thoughts And Reflections On The Fortieth Anniversary Of The New York City Human Rights Commission
Fordham Urban Law Journal
This article serves as a response to a previous article in this issue, entitled Local Law Enforcement of Laws Prohibiting Discrimination in Housing: The New York City Human Rights Commission, by Michael H. Schill. This article reflects the tripartite structure of Schill's, and comments on each of the three sections in turn: first, the article conducts an analysis of the statistical evidence of housing discrimination; second, this article contemplates the myriad consequences of discrimination on minority communities; finally, the paper concludes with a reflection on the future prospects of the Human Rights Commission in anti-discrimination 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 …
The Shift From Power To Process: A Functional Approach To Foreclosure Law, Basil Mattingly
The Shift From Power To Process: A Functional Approach To Foreclosure Law, Basil Mattingly
Faculty Publications By Year
No abstract provided.
Customary International Law And State Taxation Of Corporate Income: The Case For The Separate Accounting Method, Chantal Thomas
Customary International Law And State Taxation Of Corporate Income: The Case For The Separate Accounting Method, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.