Showing papers in "Fordham Urban Law Journal in 1983"

Disenfranchisement of the College Student Vote: When a Resident is not a Resident

Abstract: The standards used by state and local election officials to determine whether students may vote as residents of the communities in which they attend college vary significantly among the fifty states. Two fundamental rights conflict in determining whether college students should be entitled to vote as residents of their college communities: the right of students to equal protection of the laws and eh right of states to limit the right to vote to bona fide residents. This Comment demonstrates the need for the education of election officials and college students in the common law principles of domicile. Moreover, it will conclude that uniform voting residency standards and more efficient and comprehensive absentee-ballot voting systems are essential to the effective enfranchisement of students, a major congressional consideration in the passage of the twenty-

Municipal Liability for Requiring Unfit Police Officers to Carry Guns

Abstract: The stress of police work is evidenced by high rates of suicide, marital problems, alcoholism, heart disease, and psychosomatic illnesses. Additionally, police are required to carry a gun while off duty. Given these stresses, there is often a heightened risk for unwarranted shootings. However, municipalities are not traditionally liable under respondeat superior for the actions of its police unless a victim was shot by a police officer in very limited set of circumstances. Therefore, few municipalities impose psychological screenings on its police force. This Note proposes that municipalities take greater initiative in monitoring the fitness of its police officers, and, consequently, protecting its citizens.

The Effect of External Pressures on Sentencing Judges

Abstract: Aldoupolis v. Commonwealth illustrates three potential types of pressure on a sentencing judge: public opinion, opinions voiced by influential political figures, and opinions expressed by the press. This Comment explores the question of whether a sentencing judge may consider any of these pressures without violating the constitutional principles of procedural due process, the proscription against cruel and unusual punishment, equal protection, double jeopardy, and the common law-statutory proscription against abuse of discretion. Emphasis will be placed on public opinion, which often parallels the voices of those least heard by the criminal justice system: the

The Nonproliferation Mandate and the Appropriate Legal Standard in Health Care Bargaining Unit Determinations

Abstract: This Comment examines the ongoing controversy over the appropriate legal standard to be applied in the determination of bargaining units in the health care industry. It reviews the basic law which governs the selection of appropriate units, discusses the legislative history of the 1974 amendments as they relate to bargaining units, and considers the intent of the accompanying admonition against unit proliferation. Implementation of the congressional mandate is examined in Board unit determinations. The Board’s persistent use of the traditional industrial community of interest test is examined in light of circuit court decisions which have advocated new approaches. This Comment concludes that the new “disparity of interest test” is more consistent with the congressional mandate to avoid unit proliferation in the health care industry and argue that the Board should abandon its sole reliance on traditional criteria in favor of this more responsive approach.

A Survey of Constitutional Challenges to Municipal Regulation of Religious Solicitation and a Suggested Legislative Compromise

Abstract: Solicitation can often be a source of annoyance to the general public. Therefore, municipalities have passed a variety of ordinances to regulate solicitation. However, solicitation encompasses various forms of speech interests. For this reason, ordinances have given rise to massive litigation, involving challenges under the First and Fourteenth Amendment, particularly for religious solicitation. The recent increases in challenges to municipal regulation of religious solicitation indicates a need for legislation which will survive judicial scrutiny. This Comment details the legislative and judicial history of religious solicitation, and provides a model ordinance by which municipalities can regulate religious solicitation to afford maximum protection to their citizens and to the constitutional rights of religious solicitors.

The Effective Assistance of Counsel: Chance or Guarantee?

Abstract: This Comment reviews the historical development of the right to effective assistance of counsel for criminal defendants as defined by the Supreme Court, and discusses the various standards applied by lower federal courts. This Comment next examines United States v. Decoster, which provides the most comprehensive judicial analysis of the right to effective assistance of counsel at this juncture in time. The standards applied by the New York State courts are also analyzed. Finally, the author recommends uniform guidelines for evaluating claims of ineffective assistance of counsel.