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Fordham Urban Law Journal articles from November 2004
A bimonthly legal book published by the law school at Fordham University. Each issue focuses on a single topic, and publishes original research, critical pieces, and long-form essays related to that topic.
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Fordham Urban Law Journal archives from November 2004
Playing with work: must "work" be treated as a "major life activity" for purposes of the Americans with Disabilities Act?
November 1, 2004... INTRODUCTION
In two recent decisions, Sutton v. United Airlines, Inc., (1) and Toyota Motor Manufacturing, Kentucky v. Williams, (2) the Supreme Court sharply limited the reach of the Americans with Disabilities Act of 1990 ("ADA" or "the...
Writing on the wall of separation: understanding the public posting of religious duties and sectarian versions of sacred texts as an Establishment Clause violation in Ten Commandments cases.
November 1, 2004... INTRODUCTION
When a moving company arrived in Montgomery last summer to relieve the Alabama State Judicial Building of a two-and-a-half ton granite monument entrenched in its rotunda, the movers were greeted by shouts of "Pray the wheels...
Are talebearers really as bad as talemakers? Rethinking republisher liability in an information age.(New York)
November 1, 2004... INTRODUCTION
It was a spectacle that "produced without question some of the most bizarre testimony," a district court judge commented in hindsight. (1) The 1982 Pulitzer divorce trial featured tales of sex, drugs, and seances that were...
Should public relations experts ever be privileged persons?
November 1, 2004... INTRODUCTION
Over the past decade, the media fixation with pursuing crime stories has made it increasingly difficult for persons accused of a crime to enjoy a fair judicial process. (2) The media's concentration on trials to increase...
Hungry, hungry HIPAA: when privacy regulations go too far.(Health Insurance Portability and Accountability Act of 1996)
November 1, 2004... Privacy has many different definitions ranging from informational privacy to civil libertarian ideas of personal autonomy. (1) It is difficult to define as it arises from a complex set of rules and institutions which determine the limitations...
Housing Gideon: the right to counsel in eviction cases.
November 1, 2004... INTRODUCTION
In Gideon v. Wainwright, Justice Black commented that "reason and reflection require us to recognize that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be...
In pursuit of safety and soundness: an analysis of the OCC's anti-predatory lending standard.(Comptroller of the Currency)
November 1, 2004...
To borrow a concept from the animal kingdom... a classic
predator traps the unwary and preys on the weak. Put in the
lending context, a predatory lender ensnares... vulnerable
customers, offering loan products designed to prey...