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Articles 1 - 26 of 26
Full-Text Articles in Law
Local Health Agencies, The Bloomberg Soda Rule, And The Ghost Of Woodrow Wilson, Paul A. Diller
Local Health Agencies, The Bloomberg Soda Rule, And The Ghost Of Woodrow Wilson, Paul A. Diller
Fordham Urban Law Journal
No abstract provided.
Individualized Education Programs (Ieps) And Special Education Programming For Students With Disabilities In Urban Schools, Mitchell L. Yell, Terrye Conroy, Antonis Katsiyannis, Tim Conroy
Individualized Education Programs (Ieps) And Special Education Programming For Students With Disabilities In Urban Schools, Mitchell L. Yell, Terrye Conroy, Antonis Katsiyannis, Tim Conroy
Fordham Urban Law Journal
This Article examines the individualized education program (IEP) requirement of the Individuals with Disabilities Education Act (IDEA) and presents a method for improving the education of students with disabilities in urban settings by appropriately developing IEPs. Part I considers the unique problems facing special educations in urban school districts. Part II presents an overview of the IDEA and its requirement that school districts provide students with a free appropriate public education (FAPE). Part III examines the components of an IEP and the process for developing students’ IEPs—the key vehicle for providing a FAPE. Part IV outlines a process for developing …
Administrative Oversight Of State Medicaid Payment Policies:Giving Teeth To The Equal Access Provision, Julia Bienstock
Administrative Oversight Of State Medicaid Payment Policies:Giving Teeth To The Equal Access Provision, Julia Bienstock
Fordham Urban Law Journal
No abstract provided.
Filling The Regulatory Void In The Fx Spot Market: How Traders Rigged The Biggest Market In The World, Colleen Powers
Filling The Regulatory Void In The Fx Spot Market: How Traders Rigged The Biggest Market In The World, Colleen Powers
Fordham Urban Law Journal
No abstract provided.
You Didn't Even Notice! Elements Of Effective Online Privacy Policies, Amanda Grannis
You Didn't Even Notice! Elements Of Effective Online Privacy Policies, Amanda Grannis
Fordham Urban Law Journal
No abstract provided.
The Unbearable Lightness Of Regulatory Costs, Frank Ackerman
The Unbearable Lightness Of Regulatory Costs, Frank Ackerman
Fordham Urban Law Journal
The Article counters the presumption that increased environmental regulation necessarily decreases economic prosperity. It analyzes the European chemical regulatory structure and deduces that any costs imposed on the consumer are minimal, and more cost effective than watered-down American regulations covering the same subject matter with approximately the same cost imposed on the consumer-taxpayer. It argues the Office of Management and Budget and regulated industries have consistently overestimated the costs of environmental regulation and promoted the theory that environmental regulation causes factories and jobs to move offshore. It concludes that deregulation may not spur growth.
Statutory Interpretation In The Era Of Oira, Lisa Heinzerling
Statutory Interpretation In The Era Of Oira, Lisa Heinzerling
Fordham Urban Law Journal
The Article is a case study regarding a rule governing cooling water towers for power plants promulgated pursuant to the Clean Water Act ("CWA"). It analyzes the history of the Office of Information and Regulatory Affairs ("OIRA") within the Office of Management and Budget ("OMB"), and its influence in compelling the Environmental Protection Agency ("EPA") to conduct cost-benefit analysis of all regulations. It argues that the EPA should not receive Chevron deference since it has acted illegally by interpreting the CWA not as a technology-based environmental law, but instead as a cost-benefit law.
The Regulatory Flexibility Act At 25: Is The Law Achieving Its Goal?, Keith W. Holman
The Regulatory Flexibility Act At 25: Is The Law Achieving Its Goal?, Keith W. Holman
Fordham Urban Law Journal
The Article traces the issue of lack of representation given small business during rule-making, and the inability of the original Regulatory Flexibility Act (RFA) to adequately address this issue. It argues that the amendment of the RFA by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) has significantly increased small business awareness of and involvement in the regulatory process. It concludes there are several remaining weaknesses to the RFA, and recommends Congress take action to compel all agencies to follow specific procedures for assessing the economic impacts of their regulatory actions on small business.
Resisting Regulation With Blue Ribbon Panels, Thomas O. Mcgarity
Resisting Regulation With Blue Ribbon Panels, Thomas O. Mcgarity
Fordham Urban Law Journal
The Article analyzes the use of blue ribbon panels to resolve complicated scientific issues that frequently arise during regulatory proceedings. In particular, it looks at the case of beryllium in order to illustrate how blue ribbon panels appointed and paid for by industry often lend scientific legitimacy to policy advocacy. It concludes that agencies should partially discount scientific evidence provided by industry appointed blue ribbon panels due to expected bias. However, it finds the agency will confront some difficulty convincing the public of the adequacy of regulations that are in conflict with a well-financed campaign by a regulated entity armed …
Willful Blindness: Federal Agencies' Failure To Comply With The Regulatory Flexibility Act's Periodic Review Requirement-And Current Proposals To Invigorate The Act, Michael R. See
Fordham Urban Law Journal
The Article first explains the basic requirements of the Regulatory Flexibility Act, and in particular focuses on the periodic review requirement contained in Section 610. It traces the history of Presidential efforts through the promulgation of executive orders to delay the implementation of regulations and require agencies to consult with regulated industries. Reviewing agency action from 1997-2005 following Section 610 review, it found agencies are confused as to when review is necessary, and, though Section 610 is meant to decrease the regulatory burden on small business, agencies often increase the regulatory burden on small business. It concludes the key problem …
Cost-Benefit Analysis: Where Should We Go From Here?, Sally Katzen
Cost-Benefit Analysis: Where Should We Go From Here?, Sally Katzen
Fordham Urban Law Journal
The Article addresses the criticism of cost benefit analysis (CBA). Although it accepts the monetization of costs will generally oppose regulation, it finds CBA is at least close to an objective standard. It argues the results of CBA are informative, but are not dispositive, and often the procedures used in CBA are imperfect. It concludes financial resources should be devoted to retrospective analyses and/or organization studies in order to achieve rational regulatory decision making.
The Role Of The Office Of Information And Regulatory Affairs In Federal Rulemaking, Curtis W. Copeland
The Role Of The Office Of Information And Regulatory Affairs In Federal Rulemaking, Curtis W. Copeland
Fordham Urban Law Journal
The Article describes the role of the Office of Information and Regulatory Affairs (OIRA), an office within the Office of Management and Budget (OMB), in reviewing agencies' draft rules. It emphasizes the dramatic effect each Presidential administration has had on the OIRA's review process, and indirectly on all agency action. It finds OIRA has become a "gatekeeper" with regard to agency action, but mentions that scholarly debate continues as to whether OIRA represents the President's interests exclusively or both the often conflicting interests of Congress and the President.
Managing The Regulatory State: The Experience Of The Bush Administration, John D. Graham, Paul R. Noe, Elizabeth L. Branch
Managing The Regulatory State: The Experience Of The Bush Administration, John D. Graham, Paul R. Noe, Elizabeth L. Branch
Fordham Urban Law Journal
This Article traces the history of Presidential management of the regulatory state up to the administration of President George W. Bush. It focuses on the latter's implementation of "smarter regulation," an approach to regulation based on unfunded mandates on the private sector implemented through the Office of Management and Budget, an organization within the Executive Office of the President. It finds cost-benefit analysis an essential, yet often neglected, tool for implementing efficient and effective regulations. It concludes the policies promoted under President Bush's OMB have effectively cut costs by streamlining the rule-making process and discouraging adopting new federal rules, but …
Sorting Out Federal And State Judicial Roles In State Insitutional Reform: Abstention's Potential Role, Charles R. Wise, Robert K. Christensen
Sorting Out Federal And State Judicial Roles In State Insitutional Reform: Abstention's Potential Role, Charles R. Wise, Robert K. Christensen
Fordham Urban Law Journal
The U.S. Supreme Court has given federal courts the authority to abstain from hearing certain cases and defer to state courts in some cases where constitutional or federal statutory rights have been violated. This piece attempts to clarify the abstention requirements and provide a clear rationale for the doctrine. Part I of this piece discusses the origin and development of the abstention doctrine, focusing specifically on the Burford abstention, a kind of abstention particularly salient to institutional reform cases. Part I also illustrates the inconsistencies inherent in the application of the abstention doctrine in its current form. Parts II and …
A Precept Of Managerial Responsibility: Securing Collective Justice In Instituational Reform Litigation, Anthony M. Bertelli, Laurence E. Lynn Jr.
A Precept Of Managerial Responsibility: Securing Collective Justice In Instituational Reform Litigation, Anthony M. Bertelli, Laurence E. Lynn Jr.
Fordham Urban Law Journal
Institutional reform litigation confronts public administrators with troubling dilemmas, court directives often contradict the duties and responsibilities of public managers. Thus, the argument for judicial intervention is rarely straightforward. The authors argue that federal courts should refuse to hear institutional reform cases not only when federal court intervention would upset a state administrative scheme, but also when the institutional defendant is governed by a precept of managerial responsibility. When the agency's challenged actions have comported with this precept, they urge federal courts to let their state counterparts determine the agency's managerial responsibility in a common law process. The analysis begins, …
Why The New York State System For Obtaining A License To Carry A Concealed Weapon Is Unconstitutional, Suzanne Novak
Why The New York State System For Obtaining A License To Carry A Concealed Weapon Is Unconstitutional, Suzanne Novak
Fordham Urban Law Journal
The New York State administrative system for obtaining a license to carry a concealed weapon violates the state constitution and the tenets of administrative law vital to a democratic society. This article discusses the failures of the New York State administrative procedures for issuing carry licenses. In addition, this article asserts that by avoiding policy determinations, the legislature has created a system that disadvantages both individual applicants and the public at large. This article concludes that both the New York Legislature and courts must act to rectify the state's unconstitutional and undemocratic scheme for issuing carry licenses.
Working Welfare Recipients: A Comparison Of The Family Support Act And The Personal Responsibility And Work Opportunity Reconciliation Act, Lindsay Mara Schoen
Working Welfare Recipients: A Comparison Of The Family Support Act And The Personal Responsibility And Work Opportunity Reconciliation Act, Lindsay Mara Schoen
Fordham Urban Law Journal
This Note compares the work requirements of the Family Support Act ("FSA") with those promulgated by the Personal Responsibility and Work Opportunity Reconciliation Act ("PRWORA") This Note concludes that the fairest and most effective welfare program offers a combination of work, education, and training, and proposes suggestions for implementing the existing work requirements to ensure long-term self sufficiency for welfare recipients.
Welfare Reform Within A Changing Context: Redifining The Terms Of The Debate, Mary Brynar Sanger
Welfare Reform Within A Changing Context: Redifining The Terms Of The Debate, Mary Brynar Sanger
Fordham Urban Law Journal
This Essay explains the evolution of various approaches to welfare, assesses the efforts under the Family Support Act and reviews the principal findings of welfare research to evaluate the success of alternative program strategies. It explains the evolution of various approaches toward welfare before the mid-1990s. It then describes reforms instituted 1988 and reviews the dynamics of welfare caseloads and benefits of those programs. This Essay reviews the research findings in welfare reform's critical areas: those that seek to alter benefit structures and eligibility, and those that seek to alter fertility behavior through both incentive and punitive models. The Essay …
Modifying The Escalera Consent Decree: A Case Study On The Application Of The Rufo Test, Valerie D. White
Modifying The Escalera Consent Decree: A Case Study On The Application Of The Rufo Test, Valerie D. White
Fordham Urban Law Journal
This Note argues that modifying the Escalera degree is appropriate under Rufo and would allow NYCHA to maintain a safe environment for its residents. It expains the standard used in modifying a consent decree, pre- and post-Rufo, as well as the difficulties in applying the Rufo test. It traces the history of the Escalera Consent Decree, outlines the arguments for and against modification, and applies Rufo to the proposed modification of Escalera, arguing that modification is appropriate because the facts have changed significantly since the Decree was signed, and the modification sought is appropriately tailored to those changed circumstances.
The Brown V. Giuliani Injunction: Combating Bureaucratic Disentitlement, Maria Fazzolari
The Brown V. Giuliani Injunction: Combating Bureaucratic Disentitlement, Maria Fazzolari
Fordham Urban Law Journal
This Comment supports the preliminary injunction decision in Brown v. Giuliani, and demonstrates why judicial intervention is appropriate in welfare litigation to protect the constitutional rights of welfare recipients. It describes the New York City welfare administration system and its statutory framework, detailing the bureaucratic problems facing the system. It also describes "bureaucratic disentitlement," whereby largely obscure administrative proceedings function to effectively delay of deny welfare payments to eligible recipients. It examines the traditional judicial remedies and their general impotence in combating bureaucratic disentitlement, and the preliminary injunction decision granted in Brown and the justiciability of separation of powers issues …
New Business Development, Hugh L. Carey
New Business Development, Hugh L. Carey
Fordham Urban Law Journal
This article discusses ways in which the states and the federal government can promote the continued development of new business. Carey identifies three reforms in which states could institute that would improve the business climate: taxes, development finance initiatives and regulatory reform. He discusses how current tax policies discourage risk taking behavior and suggests that any tax cut should aim to increase the liquidity available for capital investment, such as exempting investments made within a firm's first five years of existence from state capital gains tax, refunding investment tax credits, and broadening state sales tax exemptions. Carey also highlights how …
Federal Financing Of Urban Economic Development, S. William Green, Nancy W. Hunt
Federal Financing Of Urban Economic Development, S. William Green, Nancy W. Hunt
Fordham Urban Law Journal
Green and Hunt address the issue of whether the federal government should focus on "solving the nation's macroeconomic problems" with the hope that it will encourage local economic activity, or focus directly on "localities that are in social, economic or fiscal distress." They discuss and highlight the shortcomings of past federal initiatives to aid declining urban areas such as Hoover's Reconstruction Finance Corporation, the Housing Act of 1954, the Urban Development Action Grant program, the Community Development Block Grant, the Area Redevelopment Act, the Public Works and Economic Development Act of 1965 and the Reagan Administrations Kemp-Garcia plan. Green and …
Alliance For Growth: Stimulating Urban Revitalization Through Corporate, Governmental And Community Cooperation, James P. Murphy
Alliance For Growth: Stimulating Urban Revitalization Through Corporate, Governmental And Community Cooperation, James P. Murphy
Fordham Urban Law Journal
Murphy address the population decline occurring in cities over the past few decades. He argues that if this trend is not reversed this could become a serious impediment to progress in the future. Section II of this article examines the problems that American cities are faced with that are contributing to urban decay such as the focus of government resources on the manufacturing sector when there has been a shift towards the services sector, the weakened pro-city support in Congress and the lack of economic optimism among racial and ethnic minorities living in urban areas. Section III of this article …
Administrative Law- Federal Water Pollution Prevention And Control Act Of 1972- Jurisdiction To Review Effluent Limitation Regulations Promulgated Pursuant To The Act By Environmental Protection Agency Lies In Circuit Courts, James C. Mcmahon, Jr.
Fordham Urban Law Journal
Plaintiffs, eight corporations engaged in the manufacture and sale of chemicals, brought an action against the Administrator of the Environmental Protection Agency (EPA seeking review of certain regulations promulgated by the Administrator under the Federal Water Pollution Prevention and Control Act of 1972 (Act). The district court dismissed the complaint for lack of subject matter jurisdiction to review the regulations. The Court of Appeals for the Fourth Circuit affirmed. It seems clear that the Supreme Court will have to decide the question of the Administrator's authority to issue effluent limitations pursuant to section 301 of the Act before the collateral …
Case Note: Administrative Law- Renegotiation Board V. Bannercraft Clothing, Co., 415 U.S. 1 (1974), James P. Donahue, Jr.
Case Note: Administrative Law- Renegotiation Board V. Bannercraft Clothing, Co., 415 U.S. 1 (1974), James P. Donahue, Jr.
Fordham Urban Law Journal
This Case Note analyzes the Supreme Court's recent decision in Renegotiation Board v. Bannercraft Clothing Co., which held that the Freedom of Information Act could not be used to interfere with a Renegotiation Board proceeding prior to termination of its administrative hearings and all further administrative remedies.
Federal Employee Is Entitled To Trial De Novo On Employment Discrimination Claim And Not Merely Judicial Review Of Agency Record. Hackley V. Roudebush, 520 F.2d 108 (D.C. Cir. 1975)., James C. Mcmahon, Jr.
Federal Employee Is Entitled To Trial De Novo On Employment Discrimination Claim And Not Merely Judicial Review Of Agency Record. Hackley V. Roudebush, 520 F.2d 108 (D.C. Cir. 1975)., James C. Mcmahon, Jr.
Fordham Urban Law Journal
Ralph Hackley, an African American, was employed as an investigator within the Veteran Administration's Investigation and Security Service Division. He had served for one year at the GS-12 level when he was denied promotion. Hackley complained that this denial was based solely upon his race. The charge was investigated and he was afforded a hearing before a complaints examiner, who ruled that there had been no discrimination. This finding was adopted by the Veteran's Administration. Upon appeal, the Board of Appeals and Review of the Civil Service Commission affirmed. Having thus exhausted his administrative remedies, plaintiff commenced a civil action …