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Full-Text Articles in Law
Appellate Jurisdiction For Civil Forfeiture: The Case For The Continuation Of Jurisdiction Beyond The Release Of The Res, Paul S. Grossman
Appellate Jurisdiction For Civil Forfeiture: The Case For The Continuation Of Jurisdiction Beyond The Release Of The Res, Paul S. Grossman
Fordham Law Review
No abstract provided.
Cottage Savings Association V. Commissioner: Refining The Concept Of Realization, Loren D. Prescott Jr.
Cottage Savings Association V. Commissioner: Refining The Concept Of Realization, Loren D. Prescott Jr.
Fordham Law Review
Professor Prescott offers an indepth analysis of the Supreme Court's recent endorsement of the 'materially different' standard--the exchange of property for other property differing materially either in kind or in extent--as a measure for realizing income. After discussing the Court's endorsement, Professor Prescott discusses possible applications of the 'legal entitlements' test for evaluating 'material differences' to various property exchange transactions, and concludes that such application may alter the tax treatment of many traditionally tax-free transactions.
Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney
Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney
Fordham Urban Law Journal
Gentrification, the influx of high-income dwellers into low-income neighborhoods, has in the past decade become a serious cause of concern to low-income tenants in older American cities. Although gentrification has had some positive effects, one important negative effect has been the displacement of existing neighborhood residents. Various schemes have been suggested to combat displacement caused by gentrification. One strategy entails seeking legislative relief in the form of rent control and condominium-conversion laws to directly curb the influx of high-income residents; another makes use of rent vouchers and public housing to ameliorate the effects of displacement. This Article analyzes an alternative …
Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf
Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf
Fordham Urban Law Journal
“Half a century ago, in the Housing Act of 1949, Congress declared optimistically that every American should have access to safe, decent, affordable housing.3 In an effort to realize that ambitious objective, federal lawmakers have devised and bureaucrats have implemented a wide array of housing schemes. One commentator has provided nine categories for what he deems the ‘bewildering variety of housing-related programs:’ 1. a federally regulated mortgage finance system; 2. mortgage insurance; 3. interest rate subsidies to home owners, developers, and landlords; 4. tax deductions for mortgage interest; 5. special depreciation allowances for rental housing; 6. low-rent public housing; 7. …
Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney
Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney
Fordham Urban Law Journal
Gentrification, the influx of high-income dwellers into low-income neighborhoods, has in the past decade become a serious cause of concern to low-income tenants in older American cities. Although gentrification has had some positive effects, one important negative effect has been the displacement of existing neighborhood residents. Various schemes have been suggested to combat displacement caused by gentrification. One strategy entails seeking legislative relief in the form of rent control and condominium-conversion laws to directly curb the influx of high-income residents; another makes use of rent vouchers and public housing to ameliorate the effects of displacement. This Article analyzes an alternative …
Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf
Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf
Fordham Urban Law Journal
“Half a century ago, in the Housing Act of 1949, Congress declared optimistically that every American should have access to safe, decent, affordable housing.3 In an effort to realize that ambitious objective, federal lawmakers have devised and bureaucrats have implemented a wide array of housing schemes. One commentator has provided nine categories for what he deems the ‘bewildering variety of housing-related programs:’ 1. a federally regulated mortgage finance system; 2. mortgage insurance; 3. interest rate subsidies to home owners, developers, and landlords; 4. tax deductions for mortgage interest; 5. special depreciation allowances for rental housing; 6. low-rent public housing; 7. …
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 …