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Full-Text Articles in Law
A Tale Of Three Northern Manhattan Communities: Case Studies Of Political Empowerment In The Planning And Developing Process, Richard C. Bass, Cuz Potter
A Tale Of Three Northern Manhattan Communities: Case Studies Of Political Empowerment In The Planning And Developing Process, Richard C. Bass, Cuz Potter
Fordham Urban Law Journal
This article reviews three development proposals in Northern Manhattan communities, how community boards responded to those proposals, and how the responses affected the outcome of each development. The article begins with a broad overview of the history of community boards' role in urban planning in New York City. It finds that boards have become increasingly influential in new development plans, empowering the communities they represent. The Article goes on to analyze three recent proposals in turn (an expansion of Columbia University in Morningside Heights, a residential development in Central Harlem, and a comprehensive rezoning of East Harlem) according to "zoning," …
City Life And New Urbanism, Ray Gindroz
City Life And New Urbanism, Ray Gindroz
Fordham Urban Law Journal
This article discusses the importance and reintroduction of urban centers as areas of continuing development, information exchange and health in cities and suburbs. It first comments on the decay of urban centers as a result of the post-World War II push to build towns and cities which were more isolated, fragmented and anti-urban. New urbanism began in the 1970s and 80s to create neighborhoods and urban centers rather than scattered developments and has successfully continued to this day. This article identifies the design principles of these urbanists and how they are put into practice, including a case study of Park …
Making The Good Easy: The Smart Code Alternative, Andres Duany, Emily Talen
Making The Good Easy: The Smart Code Alternative, Andres Duany, Emily Talen
Fordham Urban Law Journal
This article advocates for a new, fundamentally different plan for how cities should be coded, the Smart Code. It links urbanism and environmentalism and is strongly aligned with smart growth and sustainability. The Smart Code is offered as an alternative to the current anti-urban, conventional codes which are rigid and focus on single-use zones that separate human living space from the natural environment, as illustrated by the sprawl.
Nimby's Legacy: A Challenge To Local Autonomy: Regulating The Siting Of Group Homes In New York, Anna L. Georgiou
Nimby's Legacy: A Challenge To Local Autonomy: Regulating The Siting Of Group Homes In New York, Anna L. Georgiou
Fordham Urban Law Journal
Group homes represent a non-traditional alternative to single family living. The advent of the group home has taken place since the 1970s for a number of reasons, namely, due to a severe shortage in affordable housing, particularly for newly employed young adults and the elderly, due to public policy considerations calling for deinstitutionalization of the developmentally disabled and mentally ill, and finally due to a growing need for congregate type living arrangements for other special needs populations. Part I of the article explores the framework of the New York State zoning authority and the methods by which municipalities regulate the …
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
Fordham Urban Law Journal
Beginning from the premise that 1998 saw an increase in the number of land-use ethics cases, this Article describes the issues and problems that relate to ethics in land-use cases by breaking them into four separate categories: conflicts of interest, compatibility of office, bias and prejudgment, and miscellaneous. The conflicts of interest section describes cases involving financial gain for oneself, a family member or a business associate. The compatibility of office section describes situations where a person holds multiple public offices and the conflicts in duty that might arise. The bias and prejudgment section describes situations where a person's predetermined …
New York City Zoning -- 1961-1991: Turning Back The Clock -- But With An Up-To-The-Minute Social Agenda, Norman Marcus, Esq.
New York City Zoning -- 1961-1991: Turning Back The Clock -- But With An Up-To-The-Minute Social Agenda, Norman Marcus, Esq.
Fordham Urban Law Journal
Since the last update over 30 years ago, there is a need to once again change our zoning laws. Over the years, societal concerns and priorities have fluctuated with the times and, as a result, exceptions have been made to the zoning regulations which reflect these changing social interests. The result is a Zoning Resolution which stands at 806 pages (and still counting). It is an ad-hoc, convoluted, chaotic non-plan for the City, held together by binders rather than a common vision. This essay examines the zoning history of New York City and concludes that a new Comprehensive Reassessment, which …
The Selling Out Of Mount Laurel: Regional Contribution Agreements In New Jersey's Fair Housing Act, Rachel Fox
The Selling Out Of Mount Laurel: Regional Contribution Agreements In New Jersey's Fair Housing Act, Rachel Fox
Fordham Urban Law Journal
This Article outlines the origins of exclusionary zoning, the doctrine announced in Southern Burlington County NAACP v. Township of Mount Laurel and the emergence of Regional Contribution Agreements (RCAs) under New Jersey's Fair Housing Act. The author argues that, as implemented, RCAs thwart the Mount Laurel doctrine's explicit goal of revitalizing urban areas and its implicit goal of racial integration of suburban municipalities. The article concludes that, because the RCAs thwart some of the basic goals of the Mount Laurel doctrine, the New Jersey Fair Housing Act can no longer be described as a codification of that doctrine and substantial …
Municipal Solid Waste Regulation: An Ineffective Solution To A National Problem, Donna R. Lanza
Municipal Solid Waste Regulation: An Ineffective Solution To A National Problem, Donna R. Lanza
Fordham Urban Law Journal
The volume of solid waste, particularly in urban areas, is increasing, and both public heath and the environment are in jeopardy because disposal methods have not kept pace. This Comment examines the historical role that municipalities have played in providing adequate methods for solid waste disposal, emphasizes the traditional methods of zoning and critiques the effectiveness of municipal regulation. It reviews recent federal and state solid waste management acts and analyzes the issue of preemption. This Comment also discusses the constitutionality of state and municipal waste bans. In conclusion, this Comment recommends more effective methods for states and municipalities to …
Book Reviews, Judith T. Younger, Joseph R. Crowley
Book Reviews, Judith T. Younger, Joseph R. Crowley
Fordham Urban Law Journal
Urban Planning and Land Development Control Law. By Donald Hagman. This book seeks to "distill, summarize and state textually the wisdom on planning and development control law collected" and serves as a supplement to Mr. Hagman's casebook. The reviewer criticizes the book for not more fully addressing zoning issues and the related problem of population concentration and dispersion as evidenced in the Golden v. Planning Board case. Public Workers and Public Unions. Edited by Sam Zagoria. This book brings together divergent views on on the growth of unions and other employee organizations, the impacts ad legal issues presented by collective …
Residential Densities: A Patchwork Placebo, Stephen Sussna
Residential Densities: A Patchwork Placebo, Stephen Sussna
Fordham Urban Law Journal
This article examines the importance of residential density planning in today's society and the misapplications of this concept which have led to serious inequities in the population distribution of major American urban areas. The article will also discuss one of the great obstacles to the achievement of a rational population distribution, namely, exclusionary zoning ordinances. Finally, it will evaluate the future of density planning, specifically examining "ideal densities" and "efficient design for new communities" as well as the judicial implications of the problem. Several recommendations will also be made which, if implemented, would alleviate some of the difficulties that permeate …