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Full-Text Articles in Law
Let There Be Blight: Blight Condemnations In New York After Goldstein And Kaur, Ilya Somin
Let There Be Blight: Blight Condemnations In New York After Goldstein And Kaur, Ilya Somin
Fordham Urban Law Journal
This Article analyzes the New York cases of Kaur v. New York State Urban Development Corp. and Goldstein v. New York State Urban Development Corp. and asserts that the New York Court of Appeals erred in allowing such an expansive definition of "blight" and defining pretextual takings too narrowly. Part I Describes the two cases. Part II explains the concept of blight condemnation and how it was used in the two cases. Part III discusses how the two cases treat the federal constitutional standard for pretextual takings. The Article concludes that eminent domain reform requires a narrower definition of "blight" …
Gallenthin V. Kaur: A Comparative Analysis Of How The New Jersey And New York Courts Approach Judicial Review Of The Exercise Of Eminent Domain For Redevelopment, Ronald K. Chen
Fordham Urban Law Journal
This Article explores two explanations for why New Jersey and New York take different approaches to judicial review of exercises of eminent domain. Part I examines the approach of both states and their differing procedures for review of administrative agency determinations. Part II discusses how each states' courts and legislatures define "blight." Part III examines how New York's approach leaves municipal officials and redevelopers free to use the more flexible concept of "underutilization" as a proxy for "blight."
The Use And Abuse Of Blight In Eminent Domain, Martin E. Gold, Lynne B. Sagalyn
The Use And Abuse Of Blight In Eminent Domain, Martin E. Gold, Lynne B. Sagalyn
Fordham Urban Law Journal
This Article examines the term "blight" and how it is used in eminent domain cases. Part I discusses the development of the term and how various states define it. Part II lays out a hierarchy which may be used to compare the private benefits on one hand and the public benefits on the other hand in redevelopment projects. In Part III, the Columbia University expansion in Manhattanville is examined, at both the New York Appellate Division and Court of Appeals levels. Part IV discusses how forty-three states redefined blight after the Kelo case. Part V discusses how political and business …
Condemning The Decisions Of The Past: Eminent Domain And Democratic Accountability, Christopher Serkin
Condemning The Decisions Of The Past: Eminent Domain And Democratic Accountability, Christopher Serkin
Fordham Urban Law Journal
This Essay argues that there is a seldom-recognized purpose to eminent domain: preserving the ability of elected representatives to respond to the will of the people. The author proposes that eminent domain allows government to depart from the policy choices of administrations which came before and is therefore a tool for acquiring "democratic legitimacy." He explores this theory by examining examples such as breaking up the adult use zones in Times Square and reclaiming New York's waterfront, which had been essentially cut off by highways.
Freedom Of Expression In New York State: What Remains Of People Ex Rel. Arcara V. Cloud Books, Inc.?, Jeremy J. Bethel
Freedom Of Expression In New York State: What Remains Of People Ex Rel. Arcara V. Cloud Books, Inc.?, Jeremy J. Bethel
Fordham Urban Law Journal
This Note explores the decline of People ex rel. Arcara in New York State jurisprudence over the last decade. It first describes traditional and contemporary methods of testing free expression infringements, including a discussion of federal minimum standards, and protection expansions implemented by the New York Court of Appeals. Next, it describes the effect of federal "secondary effects" jurisprudence upon the People ex rel. Arcara standard, and how that encounter skewed lower court application of that standard for all cases involving "content-neutral" infringement of protected speech. Finally, it examines the illogical consequences of the court of appeals' method of deciding …
Constitutional Challenges To New York State's Death Penalty Statute, John M. Shields
Constitutional Challenges To New York State's Death Penalty Statute, John M. Shields
Fordham Urban Law Journal
New York State's death penalty statute is constitutionally flawed in many respects. It violates the state and federal prohibition against cruel and unusual punishment and provides unrestricted prosecutorial discretion to pursue the death penalty. This standardless and unfettered discretion creates the risk of arbitrary or discriminatory application of capital punishment.
The Effective Assistance Of Counsel: Chance Or Guarantee?, Joanne Legano
The Effective Assistance Of Counsel: Chance Or Guarantee?, Joanne Legano
Fordham Urban Law Journal
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.