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Showing papers in "Fordham Urban Law Journal in 1980"



Journal Article
TL;DR: In response to public outrage over the light sentencing of some of New York City's juvenile offenders who had committed heinous crimes, the legislature enacted the Crime Package Bill which made revisions to the entire justice system as discussed by the authors.
Abstract: In response to the public outrage over the light sentencing of some of New York City’s juvenile offenders who had committed heinous crimes, the legislature enacted the Crime Package Bill which made revisions to the entire justice system. The result was that New York was provided with some of the harshest juvenile justice systems in the country. This Article argues that the system is both ineffective and inefficient. First, the Article examines the historical development of the juvenile system, then the more recent reforms of the system, and finally the problems created by the Crime Package Bill.

4 citations


Journal Article
TL;DR: In this article, the authors examine the relief provided in these lawsuits as well as the enforcement issues involved providing that relief was granted, and provide some insight into the process that these suits are litigated.
Abstract: An examination of large scale public interest lawsuits in the 1970s aimed at institutional reform which resulted in the federal courts becoming involved in the administration of governmental agencies. These actions were considered by some to be a new breed of litigation. This article provides some insight into the process that these suits are litigated. Further, the article examines the relief provided in these lawsuits as well as the enforcement issues involved providing that relief was granted.

3 citations


Journal Article
TL;DR: In this paper, current federal and New York State laws and regulations pertaining to redlining and disinvestment are analyzed, and the current problems facing the mutual savings market are discussed and their role in the mortgage market examined.
Abstract: In this Article, current federal and New York State laws and regulations pertaining to redlining and disinvestment are analyzed. In addition, the current problems facing the mutual savings market are discussed and their role in the mortgage market examined. Finally, proposals for future legislation to remedy the problems of redlining and disinvestment are discussed.

2 citations


Journal Article
TL;DR: The authors examines the effect of New York's plain English Law on consumer transactions as well as the Law's reception by lawyers and consumers, and concludes that the plain English law has a positive effect on consumers.
Abstract: New York was the first state to pass a law requiring that contracts governing consumer transactions be written in plain English, as opposed to legalese. This Note examines the effect of New York’s Plain English Law on consumer transactions as well as the Law’s reception by lawyers and consumers.

2 citations


Journal Article
TL;DR: In this article, the authors examine the increasing rate of apartment buildings being converted to condominiums and cooperatives and take a critical look at the benefits and drawbacks of conversion for both landlords and tenants.
Abstract: This Comment examines the increasing rate of apartment buildings being converted to condominiums and cooperatives. It take a critical look at the the benefits and drawbacks of conversion for both landlords and tenants. Finally, the Comment argues that legislation should be passed in order to ensure that landlords can reap the benefits of conversion while seeing that the hardship on low-income and elderly tenants is mitigated.

2 citations


Journal Article
TL;DR: In the case of National League of Cities v. United States as discussed by the authors, the authors argued that Congress was prohibited from using the commerce clause in areas which states were considered to be performing an essential government function.
Abstract: The Supreme Court of the United States held in National League of Cities v. Usery that Congress had exceeded its powers under the commerce clause by enacting the 1974 amendment to the Fair Labor Standards Act. The reasoning behind the decision was that Congress was prohibited from using the commerce clause in areas which states were considered to be performing an essential government function. Because the Supreme Court did not explain precisely what is considered an essential government function, courts have been forced to make case-by-case determinations in deciding these types of cases. One area were these issues are brought to the fore is railroad employee regulation because of the essential nature of commuter rail transportation. This Note provides an examination of the National League case. It then attempts to analyze the “essential government function” language of the decision and formulate a coherent definition of the term. Finally, it examines the impact of the clear definition on some local regulations of commuter rail transportation.

2 citations


Journal Article
TL;DR: In this paper, the authors examine the constitutional issues attendant to developing a standard definition of a unitary business, an in-depth analysis of the unitary Business concept and its origins, and proposes a workable definition of unitary businesses.
Abstract: The income taxation of multistate businesses has created problems for tax administrators, primarily with regard to the question of how to divide the income taxation amongst the multiple states. To address this, the concepts of unitary business and formula apportionment have been created. However, the non-uniform state taxation practices create difficulties even with the existence of these concepts. Some states have adopted the Multistate Tax Compact, but for it to be completely effective there still must be a uniform view adopted on what constitutes a unitary business. This note examines the constitutional issues attendant to developing a standard definition of a unitary business, an in-depth analysis of the unitary business concept and its origins, and proposes a workable definition of a unitary business.

1 citations


Journal Article
TL;DR: In this article, the authors examined the benefits of the bills proposed, and the (justified) failure of the proposals to consider a single federal information data bank due to its inability to safeguard privacy.
Abstract: Previously, privacy rights had to be litigated under one of the four recognized tort claim of actions. With the advent of the computer age, it was argued that new causes of actions should be created to supplement the individually recognized privacy rights of the people. At the time this article was written, several privacy related bills were before congress. The note examines the benefits of the bills proposed, and the (justified) failure of the proposals to consider a single federal information data bank due to its inability to safeguard privacy. It also synopsizes the Subcommittee on Constitutional Rights’ findings on these issues as well as the privacy rights afforded by the Freedom of Information Act and the Privacy Act of 1974.

1 citations



Journal Article
TL;DR: This article argued that the U.S. Supreme Court has recently used antitrust cases and doctrines to establish state sovereignty as a limit to federal commerce power, and argued that state sovereignty can be seen as an alternative to federal power.
Abstract: This comment aims to convey a clear definition of the Supreme Court’s views on federalism and state sovereignty. It argues that the Court has recently used antitrust cases and doctrines to establish state sovereignty as a limit to federal commerce power. This comment looks to both the doctrine created by the U.S. Supreme Court in the antitrust case Parker v. Brown and the Court’s decision in National League of Cities v. Usery to clarify the role of state sovereignty in the face federal commerce power. It compares these two views of state sovereignty in order to develop a better understanding of the Supreme Court’s conception of state sovereignty as a limit to federal power.

Journal Article
TL;DR: In this paper, the authors trace the constitutional history of local finance from the seventeeth century through the present and conclude that the New York City Bar Association Committee on Municipal Affairs' report places the state Legislature at a crossroad in its history of dealing with local finances, and the well travelled path of patchwork amendment and politically expedient compromise is unacceptable for the future.
Abstract: This Comment traces the constitutional history of local finance from the seventeeth century through the present. The authors conclude that the New York City Bar Association Committee on Municipal Affairs’ report places the New York State Legislature at a crossroad in its history of dealing with local finances, and the well travelled path of patchwork amendment and politically expedient compromise is unacceptable for the future in light of New York City’s recent fiscal problems. However, the authors recognize that the alternative may be politically dangerous to members of the legislature hiding from the challenge and may jeopardize the fiscal stability of New York City and its sister municipalities across New York State.