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Regulation Of The Sharing Economy: Uber And Beyond, Jack M. Beermann Apr 2016

Regulation Of The Sharing Economy: Uber And Beyond, Jack M. Beermann

Shorter Faculty Works

On January 8, 2016, the Section held a program entitled “Regulation of the Sharing Economy: Uber and Beyond.” I served as moderator of the program, which included four excellent speakers, Nicole Benincasa, Attorney for Uber Technologies, Inc., Bernard N. Block, Managing Principal, Alvin W. Block & Associates, Chicago, Illinois, Randy May, Founder and President, Free State Foundation (and long-time active member of the Section) and Peter Mazer, General Counsel to the Metropolitan Taxicab Board of Trade and former General Counsel to the New York City Taxicab Licensing Commission.

The program began by asking general questions about regulatory issues concerning the …


Municipalities In Distress: A Preventive View, Tamar Frankel Jan 2013

Municipalities In Distress: A Preventive View, Tamar Frankel

Faculty Scholarship

The recent rising failure of municipalities has not produced the avalanche that some expected.1 Yet concerns have been raised that the future will spawn more failures.2 New York City and other municipalities face soaring pension, Medicaid, and retiree health care costs.3 New York City’s neighboring counties face similar challenges; Yonkers, Suffolk, and Nassau Counties each face their own set of fiscal problems.4

Municipalities that have failed, or are likely to fail, have raised a number of legal issues implicated by their inability to pay their debts. Some questions seem new. For example, are employees’ pension benefits …


Municipal Responsibility For Constitutional Torts, Jack M. Beermann Apr 1999

Municipal Responsibility For Constitutional Torts, Jack M. Beermann

Faculty Scholarship

The fundamental principle in the law of municipal liability under § 1983 is that municipalities may be held liable only for their own conduct, not for the conduct of municipal employees. Stated somewhat differently, municipalities may not be held vicariously liable for the conduct of municipal employees but rather can be held liable only when municipal policy is the moving force behind the violation. While this principle is simple to state, it has proven difficult to apply.