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Articles 601 - 630 of 797

Full-Text Articles in Accounting Law

Natives, Newcomers And Nativism: A Human Rights Model For The Twenty-First Century, Berta Esperanza Hernández-Truyol Jan 1996

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 …

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Who's Afraid Of The Human Rights Commission?, Burt Neuborne Jan 1996

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.

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A Response To Burt Neuborne, Rolando T. Acosta Jan 1996

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.

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The Greater Good: Broad Remedies For The Chosen Few, Or More Limited, But Accessible, Remedies For The Masses?, Alfred G. Feliu Jan 1996

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.

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Limiting Respondeat Superior Liability: A Wolf In Sheep's Clothing?, Tracy E. Higgins Jan 1996

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 …

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Persistent Misconceptions: A Response To Robert Hammel, Janet Eriv Jan 1996

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 …

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Dignity And Non-Discrimination: The Requirement Of "Reasonable Accommodation" In Disability Law, James J. Weisman Jan 1996

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 …

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Commercial Litigation In New York State Courts Robert L. Haig, Editor, Honorable Israel Rubin Jan 1996

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.

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Multiculturalism In Medical Decisionmaking: The Notion Of Informed Waiver, Elysa Gordon Jan 1996

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 …

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Constitution Notwithstanding: The Political Illegitimacy Of The Death Penalty In American Democracy, Stephen H. Jupiter Jan 1996

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. …

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Local Enforcement Of Laws Prohibiting Discrimination In Housing: The New York City Human Rights Commission, Michael H. Schill Jan 1996

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 …

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Where Does New York City Go From Here: Chaos Or Community?, Victor A. Bolden Jan 1996

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.

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Some Thoughts And Reflections On The Fortieth Anniversary Of The New York City Human Rights Commission Jan 1996

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.

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Some Reflections On New York City's Disability Law, Robert Hammel Jan 1996

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.

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Some Reflections On New York City's Disability Law, Robert Hammel Jan 1996

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 …

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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 Jan 1996

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 …

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A New Sword To Slay The Dragon: Using New York Law To Combat Environmental Racism, Kimberlianne Podlas Jan 1996

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 …

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The Shift From Power To Process: A Functional Approach To Foreclosure Law, Basil Mattingly Jan 1996

The Shift From Power To Process: A Functional Approach To Foreclosure Law, Basil Mattingly

Faculty Publications By Year

No abstract provided.

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Customary International Law And State Taxation Of Corporate Income: The Case For The Separate Accounting Method, Chantal Thomas Jan 1996

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.

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Flying Solo - Ethical Traps And Tips For The Solo And Small Practitioner, Oregon Law Institute, Allen E. Gardner, Peter R. Jarvis, Scott Mcarthur, Bradley F. Tellam, Michael A. Greene, Helen T. Dziuba Oct 1995

Flying Solo - Ethical Traps And Tips For The Solo And Small Practitioner, Oregon Law Institute, Allen E. Gardner, Peter R. Jarvis, Scott Mcarthur, Bradley F. Tellam, Michael A. Greene, Helen T. Dziuba

Oregon Law Institute, 1995

Course Materials from the October 27, 1995 Program in Portland

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Board Of Accountancy, M. Reed Oct 1995

Board Of Accountancy, M. Reed

California Regulatory Law Reporter

No abstract provided.

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Board Of Accountancy, M. Lorenza, J. D'Angelo Jul 1995

Board Of Accountancy, M. Lorenza, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

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China's New Vat System, 28 J. Marshall L. Rev. 619 (1995), Xiangyuan Jiang, Jack Huang Jan 1995

China's New Vat System, 28 J. Marshall L. Rev. 619 (1995), Xiangyuan Jiang, Jack Huang

UIC Law Review

No abstract provided.

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American Bar Association Criminal Justice Section Report To The House Of Delegates, Myrna S. Raeder Jan 1995

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.

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Some Thoughts On The Sexual Misconduct Amendments To The Federal Rules Of Evidence, Norman M. Garland Jan 1995

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.

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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 Jan 1995

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 …

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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 Jan 1995

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 …

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Board Of Accountancy, M. Lorenzo Jan 1995

Board Of Accountancy, M. Lorenzo

California Regulatory Law Reporter

No abstract provided.

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The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park Jan 1995

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 …

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Board Of Accountancy, M. Lorenzo, J. D'Angelo Oct 1994

Board Of Accountancy, M. Lorenzo, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

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