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Full-Text Articles in Law
Double Jeopardy Of Corporate Profits, The , Constantine N. Katsoris
Double Jeopardy Of Corporate Profits, The , Constantine N. Katsoris
Faculty Scholarship
The more one reads about our economy, the more one is baffled and alarmed. Permanent solutions to economic problems are elusive. Treating one financial malaise often aggravates another sector of the economy, necessitating a delicate balancing of conflicting interests. Furthermore, the problems are complicated by the constant influence of foreign forces. Nevertheless, most economists agree that any solution will require enormous funding. Unfortunately, the public has little, if any, confidence in our tax system. Indeed, some tax laws and proposals have been referred to as "obscene" and a "disgrace to the human race." Few quarrel with the aptness of such …
The Fordham Symposium On The Local Finance Project Of The Association Of The Bar Of The City Of New York: An Introductory Essay, Eugene W. Harper, Jr.
The Fordham Symposium On The Local Finance Project Of The Association Of The Bar Of The City Of New York: An Introductory Essay, Eugene W. Harper, Jr.
Fordham Urban Law Journal
This article is an introduction to the symposium held at Fordham Law School on March 24, 1979, focused on a report entitled "Proposals to Strengthen Local Finance Laws in New York State" published by The Committee on Municipal Affairs of the Association of the Bar of the City of New York. This article describes the report and its merits.
The Proposed Constitutional Amendments To The Local Finance Article: A Critical Analysis, Richard L. Sigal
The Proposed Constitutional Amendments To The Local Finance Article: A Critical Analysis, Richard L. Sigal
Fordham Urban Law Journal
This paper examines the recent proposals of the Committee on Municipal Affairs of the Association of the Bar of the City of New York to amend Article VIII of the New York State Constitution. These amendments would modify the powers of local governments to raise and spend money. The paper considers philosophical, political and judicial theories of local finance, and summarizes the effects of the proposals, concluding that they have merit and should be explored.
Discussion, Edward M. Kresky
Discussion, Edward M. Kresky
Fordham Urban Law Journal
This is an edited transcript of comments made after Mr. Sigal's paper, The Proposed Constitutional Amendments to the Local Finance Article: A Critical Analysis, was presented. They respond to the points made in the paper and also describe the speaker, Edward M. Kresky's, first hand experience with finance and city government.
Discussion, John C. Burton
Discussion, John C. Burton
Fordham Urban Law Journal
This is an edited transcript of remarks made by John C. Burton in response to Thomas S. Currier's paper "Mandating Disclosure in Municipal Securities Issues: Proposed New York Legislation." The remarks focus on the importance of the federal government in mandating disclosure.
Discussion, James L. Magavern
Discussion, James L. Magavern
Fordham Urban Law Journal
This is a transcript of remarks given by James L. Magavern in response to Donald H. Elliot's paper "Proposed Fiscal Monitoring Legislation in New York: A Comparative Analysis." This discussion emphasizes the political nature of budgetary decisions and the speaker's concern that there is a more general need for financial integrity and accountability in government.
Local Finance: A Brief Constitutional History, Robert W. Cockren, Maria L. Vecchiotti, Donna M. Zerbo
Local Finance: A Brief Constitutional History, Robert W. Cockren, Maria L. Vecchiotti, Donna M. Zerbo
Fordham Urban Law Journal
This Comment traces the constitutional history of local finance from the seventeeth century through the present. The authors conclude that the New York City Bar Association Committee on Municipal Affairs' report places the New York State Legislature at a crossroad in its history of dealing with local finances, and the well travelled path of patchwork amendment and politically expedient compromise is unacceptable for the future in light of New York City's recent fiscal problems. However, the authors recognize that the alternative may be politically dangerous to members of the legislature hiding from the challenge and may jeopardize the fiscal stability …
Mandating Disclosure In Municipal Securities Issues: Proposed New York Legislation, Thomas S. Currier
Mandating Disclosure In Municipal Securities Issues: Proposed New York Legislation, Thomas S. Currier
Fordham Urban Law Journal
This article surveys the existing mechanisims (primarily stemming from federal law) resulting in financial disclosure in connection with the offering and sale to the public of securities of New York municipal issuers. It also describes and compares alternative models for regimes of municipal issuer financial disclosure, such as the MFOA Guidelines, the federal Williams Bill and Industrial Bond Act and New York's Disclosure Proposals. The article ultimately concludes that although the isolated purpose of protecting investors in a municipal securities market that is largely national could most effectively be pursued by the imposition of uniform disclosure requirements through federal law, …
Proposed Fiscal Monitoring Legislation In New York: A Comparative Analysis, Donald H. Elliot
Proposed Fiscal Monitoring Legislation In New York: A Comparative Analysis, Donald H. Elliot
Fordham Urban Law Journal
This article argues that the recent financial difficulties of New York City, Cleveland and other financially strapped municipalities demonstrate the need for the preparation and maintenance of balanced budgets and effective monitoring of local budget planning and administration. The article examines the City Bar Association Committee on Municipal Affairs' proposed revision of the existing debt limits, exclusion in the New York Constitution of a provision mandating localities to adopt and maintain balanceed budgets and the establishment of a state-operated fiscal monitoring system to supplant the traditional approach to budgetary control in light of the monitoring systems employed in Pennsylvania and …
The Constitutional Debt Limit And New York City, Nicholas P. Giuliano, Timothy J. Heine, Tammy Elaine Tuller
The Constitutional Debt Limit And New York City, Nicholas P. Giuliano, Timothy J. Heine, Tammy Elaine Tuller
Fordham Urban Law Journal
This Comment describes how New York City abused both its short-term and long-term borrowing powers in response to its financial problems. The Comment concludes that New York City is guilty of fiscal practices that underscore the conclusion that constitutional debt ceilings are phantom regulations of municipal debt incurrence. The authors encourage thorough and decisive reform, and commend the Association of the Bar of the City of New York's proposed Local Finance Article.