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Full-Text Articles in Law
A Return To Eyes On The Prize: Litigating Under The Restored New York City Human Rights Law, Craig Gurian
A Return To Eyes On The Prize: Litigating Under The Restored New York City Human Rights Law, Craig Gurian
Fordham Urban Law Journal
The recent enactment of the Local Civil Rights Restoration Act ("Restoration Act") reflects the New York City Council's concern that the City Human Rights Law "has been construed too narrowly." The law explicitly rejects the "carbon copy" theory and seeks an independent construction from similar or identical provisions of New York state or federal statutes. The Restoration Act proceeds along two basic tracks. One track consists of a series of amendments to particular sections of the law. These amendments expand retaliation protection, raise the maximum civil penalties that can be awarded in proceeding brought administratively, protect domestic partners against all …
Revisiting Anna Moscowitz's Kross's Critique Of New York City's Women's Court: The Continued Problem Of Solving The "Problem" Of Prostitution With Specialized Criminal Courts, Mae C. Quinn
Fordham Urban Law Journal
This article explores New York City's non-traditional, judicially based response to prostitution. This article first recounts the history of New York City’s Women’s Court. It then examines the work of the Midtown Community Court, the “problem-solving court” established in 1993 to address criminal issues, like prostitution, in Midtown Manhattan. It also discusses the renewed concerns about sex work in New York and describe the movement, propelled by modern reformers, to address prostitution through specialty courts. It then contrasts the shared features and attributes of the Women’s Court and Midtown Court models. Finally, the article urges modern reformers to step back …
Conference Report: New York City's Criminal Courts Are We Achieving Justice?, Martha Rayner
Conference Report: New York City's Criminal Courts Are We Achieving Justice?, Martha Rayner
Fordham Urban Law Journal
On October 18, 2003, more than one hundred professionals from the five boroughs of New York City came together to identify, evaluate, and begin to solve some of the complex problems embedded in the culture, operations, and practice in New York City's Criminal Courts. The conference planners focused on five problems that have undermined the pursuit of justice in New York City’s Criminal Court system for decades. The first group, Arraignment Norms, Practices and Culture, targeted professionalism and justice at the first and often last court appearance for people arrested and charged with misdemeanor crimes in New York City. The …
The Adjudication Of Minor Offenses In New York City, Ian Weinstein
The Adjudication Of Minor Offenses In New York City, Ian Weinstein
Fordham Urban Law Journal
American criminal justice is founded on overcriminalization and discretion. Our legislatures have long criminalized much more conduct than can be effectively sanctioned. American police and prosecutors have been granted virtually unreviewable authority (discretion) to allocate investigative and prosecutorial resources. Minor crimes absorb the bulk of our ordinary, local enforcement efforts and there is an endless supply of minor crime, which may be pursued. With minor offenses, discretion is critical at all phases. This article argues that criminal courts, where ninety percent of all cases are heard, could benefit from reform. The author argues for the development of the record so …
The Politics Of Permits: The Unconstitutionality Of The Guiliani Administration's Parade And Rally Permit Application Procedures, Michael L. Landsman
The Politics Of Permits: The Unconstitutionality Of The Guiliani Administration's Parade And Rally Permit Application Procedures, Michael L. Landsman
Fordham Urban Law Journal
This article addresses the unconstitutionality of New York Mayor Rudolph Guiliani’s Administration’s parade and rally permit application procedures, which Judge Leonard B. Sand of the Southern District of New York held to be in violation of the First Amendment on November 16, 1998. The author initially noted the two major factors that won Guiliani the 1993 mayoral election, New Yorker’s belief that he could (1) reduce crime and (2) cool racial tensions, and then “curiously” observed that the groups that faced the greatest bias in their applications were those that applied for parade or rally permits to protest or make …
Roundtable Discussion: The Future Of New York: 1898, 1998, Robert Himmelberg
Roundtable Discussion: The Future Of New York: 1898, 1998, Robert Himmelberg
Fordham Urban Law Journal
In this transcript of a symposium held at Fordham University School of Law on November 16, 1998 on the Future of New York, the six participants addressed the broad subject of what the future can bring as New York celebrated its centennial year. Professor Hammack spoke first. He focused on the future of “Greater New York” by discussing the creation of it, the hopes at the time and the changes that occurred since. Next, Professor Siegel addressed the challenge of the telecommunications revolution as New York faced an economic downturn, and possibly an impending national recession. He recounted some of …
Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory
Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory
Fordham Urban Law Journal
This Article examines the deep human rights concerns within the transmogrifying world of work, focusing on the integral part that work plays in the definition, construction, maintenance, and enhancement of the social contract in the context of the New York City welfare workforce. Part I reviews the "employee"/partner/independent contractor distinctions, focusing on recent case law, the regulatory tax regime, and related issues. Part II examines the complex pressures that workfare legislation will exert throughout most sectors of the workforce and the unemployed. Part III explores the role of Catholic social teachings on workers' rights as well as the reemergence of …
Kinship Foster Care: A Relatively Permanent Solution, Marla Gottlieb Zwas
Kinship Foster Care: A Relatively Permanent Solution, Marla Gottlieb Zwas
Fordham Urban Law Journal
Kinship foster care is intended to provide substantially the same standard of care as children receive in placement with unrelated foster parents. In practice, however, the two differ enormously in New York City. Frequently, agencies place foster children in the homes of relatives with little regard for the adequacy of those homes. This Note evaluates the existing kinship foster care system, and examines the possibility of addressing the program's problems by creating a new legislative category for kinship guardians.
The Political Economy Of Female Violent Street Crime, Deborah Baskin, Ira Sommers, Jeffrey Fagan
The Political Economy Of Female Violent Street Crime, Deborah Baskin, Ira Sommers, Jeffrey Fagan
Fordham Urban Law Journal
Our research has led us to the conclusion that women in New York City are becoming more and more likely to involve themselves in violent street crimes. This essay analyzes the developing role of women in violent street crime and poses a model, based on both historical analysis and empirical research, to explain the participation of women in violent street crimes in the 1980s.
Conscripting Private Resources To Meet Urban Needs: The Statutory And Constitutional Validity Of Affordable Housing Impact Fees In New York, James Berger
Fordham Urban Law Journal
In the closing decade of the 20th century, American cities face difficult financial predicaments. Urban tax bases have atrophied, and the confidence rating of municipal bonds has been downgraded. At the same time, city expenditures have increased as century-old infrastructure begins to crumble and urban demographics demand an ever increasing array of public services. To meet these challenges, New York City would do well to adopt impact fee and linkage arrangements, which would require developers to contribute to State coffers in proportion to the expected environmental, social, and economic impact of their development projects. To pass constitutional muster, however, any …
The Legality Of Staten Island's Attempt To Secede From New York City, Jeffrey Underweiser
The Legality Of Staten Island's Attempt To Secede From New York City, Jeffrey Underweiser
Fordham Urban Law Journal
This Note argues that, according to judicial interpretations of state and federal constitutions, Staten Island should be allowed to secede from New York City, regardless of the City's position. This Note begins by analyzing the background history of Staten Island's secession and New York City's formation leading up to this case. This Note then analyzes the issue of equal protection under the Fourteenth Amendment of the United States Constitution and Article I Section 11 of the New York Constitution. This Note then discusses the Home Rule Doctrine of the New York State Constitution. This Note concludes that, based upon federal …
Over-Stuffing The Envelope: The Problems With Creative Transfer Of Development Rights, Margaret Giordano
Over-Stuffing The Envelope: The Problems With Creative Transfer Of Development Rights, Margaret Giordano
Fordham Urban Law Journal
This note examines how not-for-profit institutions and private developers are engaging in innovative transactions pushing transferable development rights (TDRs) to new extremes. The Board of Estimate has created exceptions to its own zoning laws to benefit not-for-profits, for instance, by allowing transfer of unused development rights to previously impermissible distances. This note explores whether TDR transactions involving not-for-profit organizations have set precedents that will thwart traditional urban planning objectives. The note examines the history of TDRs and recent radical applications involving Grand Central Terminal, South Street Seaport, and Old Slip. The author ultimately balances the creative applications of TDRs with …
The Ocean Dumping Deadline: Easing The Mandate Millstone, Julian H. Spirer
The Ocean Dumping Deadline: Easing The Mandate Millstone, Julian H. Spirer
Fordham Urban Law Journal
This Article examines the development the "mandate millstone," the inflexible federal rules and regulations directed at state and local governments in the environmental arena. It surveys how the mandate millstone has burdened or threatened to burden the ocean dumping of sewage sludge by New York City. The Article reviews the method by which the city has traditionally disposed of its sewage sludge in the ocean waters surrounding the city, and how the city's disposal practices would have been altered radically had the city been forced to implement a plan, pursuant to United States Environmental Protection Agency (EPA) regulations, to end …
Collective Bargaining And The Fiscal Crisis In New York City: Cooperation For Survival, Arvid Anderson, Marjorie A. London
Collective Bargaining And The Fiscal Crisis In New York City: Cooperation For Survival, Arvid Anderson, Marjorie A. London
Fordham Urban Law Journal
As a result of New York City's fiscal crisis in 1975, both the New York state legislature and Congress passed laws aimed at helping the city recover. As a result of this legislation, the federal and state governments became more involved in the city's affairs and were tasked with monitoring collective bargaining between the city and its employees. Labor and management in the public sector were forced to cooperate in order to get out of the financial predicament, and the city survived the crisis. This article examines the changes in collective bargaining laws and practices that occurred as a result …
Tax Certiorari Proceedings And The Present Real Property Tax System In New York City, Mark A. Willis
Tax Certiorari Proceedings And The Present Real Property Tax System In New York City, Mark A. Willis
Fordham Urban Law Journal
This article examines the way the tax system in New York City contrasts sharply with the New York state uniform tax system that requires all real property to be assessed at full market value and within a single jurisdiction, taxed at the same statutory rate. The author finds that properties in the city are assessed at differing percentages of market value, resulting in wide differences in effective tax rates, particularly between residential and non-residential properties. The author posits that a switch by the city to a uniform tax system would result in major reallocation of the tax burden among the …
Tax Certiorari Proceedings And The Present Real Property Tax System In New York City, Mark A. Willis
Tax Certiorari Proceedings And The Present Real Property Tax System In New York City, Mark A. Willis
Fordham Urban Law Journal
This article examines the way the tax system in New York City contrasts sharply with the New York state uniform tax system that requires all real property to be assessed at full market value and within a single jurisdiction, taxed at the same statutory rate. The author finds that properties in the city are assessed at differing percentages of market value, resulting in wide differences in effective tax rates, particularly between residential and non-residential properties. The author posits that a switch by the city to a uniform tax system would result in major reallocation of the tax burden among the …
The Imposition Of New York City's Water And Sewer Rents On Non-Profit Institutions , Adam Hoffinger
The Imposition Of New York City's Water And Sewer Rents On Non-Profit Institutions , Adam Hoffinger
Fordham Urban Law Journal
This article focuses on the immunity from real property taxation and charges for the use of water and sewer services that New York nonprofit institutions have historically enjoyed. It first examines the nature of New York City's water and sewer rents and exemptions, and the method by which New York city charges for water and sewer services. It then examines the case law that establishes the liability of nonprofit institutions for the payment of water and sewer rent. It further explores the exemptions from water and sewer rents extended to nonprofit organizations in New York City. Finally, in light of …
The Imposition Of New York City's Water And Sewer Rents On Non-Profit Institutions , Adam Hoffinger
The Imposition Of New York City's Water And Sewer Rents On Non-Profit Institutions , Adam Hoffinger
Fordham Urban Law Journal
This article focuses on the immunity from real property taxation and charges for the use of water and sewer services that New York nonprofit institutions have historically enjoyed. It first examines the nature of New York City's water and sewer rents and exemptions, and the method by which New York city charges for water and sewer services. It then examines the case law that establishes the liability of nonprofit institutions for the payment of water and sewer rent. It further explores the exemptions from water and sewer rents extended to nonprofit organizations in New York City. Finally, in light of …
On Reconciling Finances And Democracy In New York City, Jerome R. Bidinger
On Reconciling Finances And Democracy In New York City, Jerome R. Bidinger
Fordham Urban Law Journal
This article is a book review of "The Streets Were Paved With Gold" authored by Ken Auletta. The book covers New York City's financial difficulties in the 70's and warns that the crisis still exists. While the review is generally positive, it does note the book's failure to analyze some of the deeper reasons behind the financial crisis. The article also calls for further decentralization of the political process and the establishment of new forms of citizen participation in decision making which would lead to a more viable economy.
New York's Juvenile Offender Law: An Overview And Analysis, John P. Woods
New York's Juvenile Offender Law: An Overview And Analysis, John P. Woods
Fordham Urban Law Journal
In response to the public outrage over the light sentencing of some of New York City's juvenile offenders who had committed heinous crimes, the legislature enacted the Crime Package Bill which made revisions to the entire justice system. The result was that New York was provided with some of the harshest juvenile justice systems in the country. This Article argues that the system is both ineffective and inefficient. First, the Article examines the historical development of the juvenile system, then the more recent reforms of the system, and finally the problems created by the Crime Package Bill.
Emergency Tenant Protection In New York: Ten Years Of Rent Stabilization, Diane Ungar
Emergency Tenant Protection In New York: Ten Years Of Rent Stabilization, Diane Ungar
Fordham Urban Law Journal
New York City's rent stabilization system was designed as an alternative to the rent control system. Rent stabilization looked to the owners for supervision as a way to benefit not only the system but tenants through an informed and experienced administration. Unfortunately, the system has had its fair share of shortcomings as rules have become technical, complex, and ill equipped to address the concerns of tenants. This comment examines the stabilization system's history and its current status. Though the current system has flaws, the flaws can be fixed and must be to protect NYC tenants and owners.
Note: New York - A City In Crisis: Fiscal Emergency Legislation And The Constitutional Attacks, Gayle Gutekunst-Roth
Note: New York - A City In Crisis: Fiscal Emergency Legislation And The Constitutional Attacks, Gayle Gutekunst-Roth
Fordham Urban Law Journal
Generous spending and, some would add, fiscal mismanagement have been a New York City tradition, putting tremendous pressures on both the City and State budgets. To forestall the deterioration of the City's financial condition and the subsequent collapse of the City itself, the New York State Legislature enacted a series of laws, many of which were feverishly incorporated into the body of State law in extraordinary session. With the creation of public authorities, the authorization of State funds to aid these authorities, and State hindrance of the payment of municipal debt service obligations, came inevitable claims in the courts that …
The Limits Of State Intervention In A Municipal Fiscal Crisis, Joel E. Cohen
The Limits Of State Intervention In A Municipal Fiscal Crisis, Joel E. Cohen
Fordham Urban Law Journal
Municipal fiscal crises are becoming more frequent, causing the tradition of local control to be questioned. The problems plaguing New York City are but one example of this nation-wide trend. In order to aid the City in overcoming its fiscal crisis, New York State has created two novel agencies, the Municipal Assistance Corporation (MAC) and the Emergency Financial Control Board. MAC's major purpose is to aid the city in meeting its financial requirements, while the Control Board's main function is to monitor the City's spending. One accomplishment of these two organizations has been the implementation of drastic austerity measures that …
The New York City Housing Receivership And Community Management Programs, Mark Grossman
The New York City Housing Receivership And Community Management Programs, Mark Grossman
Fordham Urban Law Journal
Each year New York City landlords abandon buildings containing an estimated 10,000 apartments, forcing tenants to leave as the ownerless buildings plunge into decay. At least half of these buildings are structurally solid and might last several more decades if not abandoned. Most are found in areas where "problem" buildings- buildings which have a potential for abandonment- will most likely be found. New York City has instituted a number of programs for dealing with buildings which are headed toward abandonment. They include code-enforcement, emergency repair and receivership programs, foreclosure for nonpayment of property taxes, and rehabilitation programs involving municipal loans, …
The Infirmities Of Affirmative Action: The New York City Plan
The Infirmities Of Affirmative Action: The New York City Plan
Fordham Urban Law Journal
The regulations announced by Mayor John Lindsay that propose new contract bid regulations designed to eliminate discrimination in employment in New York City were implemented and are the basics of the city's present program. New York City's present affirmative action attempts to increase the number of minorities employed in city-financed construction projects. But, how viable are these programs in light of the expected attacks based on the federal preemption doctrine? Questions of due process and equal protection must be examined when affirmative action programs require contractors to make good faith efforts to meet these goals. Affirmative action programs are part …
Pointing The Way To Housing Quality, Alexander Cooper, Michael Kwartler, Charles Reiss
Pointing The Way To Housing Quality, Alexander Cooper, Michael Kwartler, Charles Reiss
Fordham Urban Law Journal
This article highlights the Urban Design Council's goals of promoting the highest economically feasible standard of quality in residential housing and seeking to stimulate beneficial development in cities. The article describes the current zoning plan in effect in New York City, proposes new approaches to improve housing quality by exploring the elements of "quality" and zoning as a means of achieving such quality housing.
Jamaica Bay: An Urban Marshland In Transition, Louis J. Lefkowitz
Jamaica Bay: An Urban Marshland In Transition, Louis J. Lefkowitz
Fordham Urban Law Journal
This article will briefly examine the environmental problems that affect the lives of the hundreds of thousands of people who live adjacent to Jamaica Bay, and the extraordinary opportunities for recreation and enjoyment for which the Bay, freed of sewage, air pollution and aircraft noise, could be employed.