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Full-Text Articles in Law
A Tale Of Two Greenways: A Comparative Study Of Greenway Projects, Gabrielle Markeson
A Tale Of Two Greenways: A Comparative Study Of Greenway Projects, Gabrielle Markeson
Fordham Urban Law Journal
This Comment discusses the recent trend in urban planning which places an emphasis on creating smart growth communities, which encourage mixed land use, alternative modes of transportation, and incorporating green space in development to combat urban sprawl. Smart growth communities often offer greenways, which encompass a broad range of green space including open space along rivers and streams, natural or landscaped courses for pedestrian or bicycle passage, open space connectors for parks, and linear parks designated as parkways, among others. The Comment discusses the environmental, economic, and health benefits of greenways. While greenways have become desirable, many communities aren't successful …
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.
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 …
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 …
Zoning Adult Establishments In New York: A Defense Of The Adult-Use Zoning Text Amendments Of 1995, James E. Berger
Zoning Adult Establishments In New York: A Defense Of The Adult-Use Zoning Text Amendments Of 1995, James E. Berger
Fordham Urban Law Journal
This article examines New York City's first attempt to regulate adult entertainment establishments through zoning provisions. Specifically, it discusses whether the adult-use zoning provisions comply with federal and state constitutional requirements, and it examines whether the adult-use amendments would cause a reduction in adult-use establishments in New York City, which would render the amendments constitutionally suspect, and whether its inclusion of topless bars renders the amendments overbroad. The author concludes that the adult-use amendments are consistent, with both federal and state constitutional requirements, and that the adult-use amendments will survive judicial scrutiny.
An Egalitarian's Market: The Economics Of Inclusionary Zoning Reclaimed, Andrew G. Dietderich
An Egalitarian's Market: The Economics Of Inclusionary Zoning Reclaimed, Andrew G. Dietderich
Fordham Urban Law Journal
This article discusses the economic effects of residential zoning, and how zoning might be used to create more affordable housing for the poor in America. The author explains the three legal regimes of inclusionary zoning, namely, voluntary inclusion programs, mandatory set-asides with density bonuses, and mandatory set-asides without density bonuses. While he offers no advice on how to implement any of the three regimes, he notes that the choice between the pure buyer's remedy and an inclusionary program with set asides depends on the buying power of the target population. Based on the economic situation of that target population, a …
Note: New York City's Restrictive Zoning Of Adult Businesses: A Constitutional Analysis, Rachel Simon
Note: New York City's Restrictive Zoning Of Adult Businesses: A Constitutional Analysis, Rachel Simon
Fordham Urban Law Journal
Part I explores the adult pornography industry in New York City and the constitutional framework developed by both federal and New York State courts to regulate non-obscene pornographic expression. Part II analyzes the City's Adult Zoning Resolution in light of decisions of the New York State Court of Appeals, the United States Supreme Court, and various federal district and circuit courts. Part III proposes changes that will increase the probability that the City's Adult Zoning Resolution will survive constitutional challenges. This Note concludes that although the current version of the City's Adult Zoning Resolution infringes unconstitutionally on adult business owners' …
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 …
Tenements And Takings: Tenement House Department Of New York V. Moeschen As A Counterpoint To Lochner V. New York, Judith A. Gilbert
Tenements And Takings: Tenement House Department Of New York V. Moeschen As A Counterpoint To Lochner V. New York, Judith A. Gilbert
Fordham Urban Law Journal
“The sharp rightward shift in land use law, and particularly in ‘takings’ jurisprudence, in the 1980s prompted anguished responses from advocates of government regulation who characterized the trend as a ‘return to the good old days of Locke and Lochner,’ ‘the Reagan Revolution's Lochnerian [r]eturn,’ ‘a revival of decisions like Lochner,’ ‘origins [in] the set of beliefs associated with the Lochner era,’ and ‘Back to the Future: From Nollan to Lochner.’ Critics were reacting in particular to an ominous alignment in the constitutional heavens: a constellation of United States Supreme Court decisions restricting the ability of state and local governments …
Shattering The Myth Of Municipal Impotence: The Authority Of Local Government To Create Affordable Housing, John R. Nolon
Shattering The Myth Of Municipal Impotence: The Authority Of Local Government To Create Affordable Housing, John R. Nolon
Fordham Urban Law Journal
In the absence of any guidance from the legislature, local officials, in confronting the problem of affordable housing, look to the courts to define the extent of their responsibility and power. While not providing specific direction, the New York Court of Appeals has clearly outlawed zoning designed to exclude affordable housing. The judiciary has voiced doubts, however, that municipal governments can, through zoning alone, require the development of affordable housing. The view that municipalities lack such power is erroneous. Zoning alone is competent to induce such development. Furthermore, local governments have considerable additional power to induce the creation of such …
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 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 …
"Not In My Neighborhood:" Legal Challenges To The Establishment Of Community Residences For The Mentally Disabled In New York State, Robert L. Schonfeld
"Not In My Neighborhood:" Legal Challenges To The Establishment Of Community Residences For The Mentally Disabled In New York State, Robert L. Schonfeld
Fordham Urban Law Journal
This Article examines the laws and lawsuits which have affected the establishment of community residences for the mentally disabled in New York State. First, the Article traces the history of community residences prior to the enactment of the Padavan Law in 1978. Thereafter, this Article analyzes the statute to determine whether its procedures and interpretations by courts have been consistent with the drafters' stated intentions. In addition to examining the statutory procedures, this Article considers issues of zoning, the statute's constitutionality, the standing of neighbors and neighborhood groups to challenge community residence sites, and the effect of restrictive covenants on …
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 …
Municipal Law- Negligence- Failure Of Police To Provide Protection To The Holder Of Family Court Order Of Protection States A Valid Cause Of Action, Lauren Levey
Fordham Urban Law Journal
In defining family, it is possible to include a group home designed by the state to emulate a traditional family unit. This case examines the Group House of Port Washington, Inc. v. Board of Zoning and Appeals of the Town of North Hempstead.
Penn Central V. City Of New York: A Landmark Landmark Case, Richard Wolloch
Penn Central V. City Of New York: A Landmark Landmark Case, Richard Wolloch
Fordham Urban Law Journal
Article discusses the Supreme Court’s decision in Penn Central v. City of New York. Article examines the controversy over governmental regulation of realty and the various cases which have been decided thereunder.
Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr.
Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr.
Fordham Urban Law Journal
In an effort to prevent the spread of businesses specializing in adult entertainment, many cities have utilized zoning ordinances to combat problems in certain neighborhoods. New York City, Boston, and Detroit all have instituted such restrictions. This Note will consider whether the zoning of businesses specializing in adult entertainment is a legitimate exercise of the state's police power, analyzing its potential as a violation of the first amendment and the equal protection clause of the fourteenth amendment. In addition, the Note will examine the validity of using the twenty-first amendment to regulate adult entertainment businesses that serve alcoholic beverages.
Constitutional Law - Zoning Referenda - Mandatory Referenda On All Municipal Land Use Changes Do Not Violate The Due Process Clause, Beatrice Close
Constitutional Law - Zoning Referenda - Mandatory Referenda On All Municipal Land Use Changes Do Not Violate The Due Process Clause, Beatrice Close
Fordham Urban Law Journal
This case note discusses the United States Supreme Court's decision in City of Eastlake v. Forest City Enterprises, Inc., 96 S. Ct. 2358 (1976), which held that a state's decision to allow mandatory referendums on all municipal land use changes does not violate the due process clause. The case note examines the line of cases, such as Eubanks v. Richmond, 226 U.S. 137 (1912) and Washington ex rel. Seattle Trust Co. v. Roberge, 278 U.S. 116 (1928), that establish the principle that standardless delegations of power to impose restrictions on the property rights of others violated the due process clause …
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 …
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.
Case Notes
Fordham Urban Law Journal
Constitutional Law- Freedom of Speech- Dismissal of Public School Teacher for Symbolic Expression of Political Opinion in the Classroom Held Unconstitutional. This case note discusses the first amendment issue in James v. Board of Education, 461 F.2d 566 (2d Cir. 1972), and the extent to which schools may limit a teacher's freedom of expression in the classroom. The note reviews the various tests used to analyze freedom of expression in general and then analyzes case law in the school context to infer that a court may permit state or local governments to control classroom expression when a teacher uses his …
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 …