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State and Local Government Law Commons

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Articles 1 - 30 of 49

Full-Text Articles in State and Local Government Law

Bicycle Laws In The United States-Past, Present, And Future, Ken Mcleod Apr 2016

Bicycle Laws In The United States-Past, Present, And Future, Ken Mcleod

Fordham Urban Law Journal

No abstract provided.


Comparative Local Government Law In Motion: How Different Local Government Law Regimes Affect Global Cities' Bike Share Plans, Daniel B. Rodriguez, Nadav Shoked Apr 2016

Comparative Local Government Law In Motion: How Different Local Government Law Regimes Affect Global Cities' Bike Share Plans, Daniel B. Rodriguez, Nadav Shoked

Fordham Urban Law Journal

No abstract provided.


Comparative Urban Governance For Lawyers, Fernanda G. Nicola, Sheila Foster Apr 2016

Comparative Urban Governance For Lawyers, Fernanda G. Nicola, Sheila Foster

Fordham Urban Law Journal

No abstract provided.


Lessons For New York: Comparative Urban Governance And The Challenge Of Climate Change, Andrea Mcardle Apr 2016

Lessons For New York: Comparative Urban Governance And The Challenge Of Climate Change, Andrea Mcardle

Fordham Urban Law Journal

No abstract provided.


Welcome To The Metropticon: Protecting Privacy In A Hyperconnected Town, Kelsey Finch, Omer Tene Mar 2016

Welcome To The Metropticon: Protecting Privacy In A Hyperconnected Town, Kelsey Finch, Omer Tene

Fordham Urban Law Journal

No abstract provided.


Democratic Deliberation In The Wild: The Mcgill Online Design Studio And The Regulation Room Project, Cynthia Farina, Hoi Kong, Cheryl Blake, Mary Newhart Mar 2016

Democratic Deliberation In The Wild: The Mcgill Online Design Studio And The Regulation Room Project, Cynthia Farina, Hoi Kong, Cheryl Blake, Mary Newhart

Fordham Urban Law Journal

Although there is no single unified conception of deliberative democracy, the generally accepted core thesis is that democratic legitimacy comes from authentic deliberation on the part of those affected by a collective decision. This deliberation must occur under conditions of equality, broadmindedness, reasonableness, and inclusion. In exercises such as National Issue forums, citizen juries, and consensus conferences, deliberative practitioners have shown that careful attention to process design can enable ordinary citizens to engage in meaningful deliberation about difficult public policy issues. Typically, however, these are closed exercises—that is, they involve a limited number of participants, often selected to achieve a …


Smart Law For Smart Cities, Annie Decker Mar 2016

Smart Law For Smart Cities, Annie Decker

Fordham Urban Law Journal

No abstract provided.


Show Me The Warrant: Protection Of Stored Electronic Communications In New York State, Kaitlin G. Klamann Mar 2016

Show Me The Warrant: Protection Of Stored Electronic Communications In New York State, Kaitlin G. Klamann

Fordham Urban Law Journal

No abstract provided.


An Analysis Of The Treatment Of Employees Pension And Wage Claims In Insolvency And Under Guarantee Schemes In Oecd Countries: Comparative Law Lessons For Detroit And The United States, Paul M. Secunda Mar 2016

An Analysis Of The Treatment Of Employees Pension And Wage Claims In Insolvency And Under Guarantee Schemes In Oecd Countries: Comparative Law Lessons For Detroit And The United States, Paul M. Secunda

Fordham Urban Law Journal

No abstract provided.


The Detroit Bankruptcy, Pre-Eligibility, Melissa B. Jacoby Mar 2016

The Detroit Bankruptcy, Pre-Eligibility, Melissa B. Jacoby

Fordham Urban Law Journal

No abstract provided.


Zombieland/The Detroit Bankruptcy: Why Debts Associated With Pensions, Benefits, And Municipal Securities Never Die. . . And How They Are Killing Cities Like Detroit, Christine Sgarlata Chung Mar 2016

Zombieland/The Detroit Bankruptcy: Why Debts Associated With Pensions, Benefits, And Municipal Securities Never Die. . . And How They Are Killing Cities Like Detroit, Christine Sgarlata Chung

Fordham Urban Law Journal

No abstract provided.


Resolving The Public Pension "Crisis", Jack M. Beermann Mar 2016

Resolving The Public Pension "Crisis", Jack M. Beermann

Fordham Urban Law Journal

No abstract provided.


Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington Mar 2016

Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington

Fordham Urban Law Journal

No abstract provided.


Local Government Law’S “Law And___” Problem, David Schleicher Mar 2016

Local Government Law’S “Law And___” Problem, David Schleicher

Fordham Urban Law Journal

No abstract provided.


Whither Workforce Housing?, Matthew J. Parlow Mar 2016

Whither Workforce Housing?, Matthew J. Parlow

Fordham Urban Law Journal

The last forty years have marked a dynamic era in affordable housing. During this time, affordable housing shifted from being largely government-owned to privately-owned, though certainly supported by government efforts. This evolution thus marked a distinct switch from a supply-side approach to a demand-side approach to affordable housing. As states and localities adapted to this paradigm shift, some high-priced metropolitan regions discovered that their housing markets were squeezing out middle-income service workers, such as police officers and teachers. In response, many localities—and some states—adopted various laws and policies to spur the creation of workforce housing: that is, moderately-priced housing that …


Expanding Local Enforcement Of State And Federal Consumer Protection Laws, Kathleen S. Morris Mar 2016

Expanding Local Enforcement Of State And Federal Consumer Protection Laws, Kathleen S. Morris

Fordham Urban Law Journal

This Article calls on Congress and the state legislatures to grant large cities and counties standing to enforce the Federal Trade Commission Act (the FTC Act) and its state statutory counterparts (or little Acts). The FTC Act, a federal law, prohibits businesses from engaging in any “unlawful,” “unfair,” or “deceptive” acts or practices, and the little Acts apply similarly broad prohibitions in all fifty states. This fifty-one-statute consumer protection regime—which has been the law of the land for several decades—carries enormous promise to halt a wide range of unlawful and harmful corporate practices in their earliest stages. Unfortunately, that promise …


Local Health Agencies, The Bloomberg Soda Rule, And The Ghost Of Woodrow Wilson, Paul A. Diller Mar 2016

Local Health Agencies, The Bloomberg Soda Rule, And The Ghost Of Woodrow Wilson, Paul A. Diller

Fordham Urban Law Journal

No abstract provided.


New Challenges For Urban Areas Facing Flood Risks, Debbie M. Chizewer, A Dan Tarlock Mar 2016

New Challenges For Urban Areas Facing Flood Risks, Debbie M. Chizewer, A Dan Tarlock

Fordham Urban Law Journal

No abstract provided.


Detect, Disrupt, And Detain: Local Law Enforcement's Critical Roles In Combating Homegrown Extremism And The Evolving Terrorist Threat, Mitch Silber, Adam Frey Mar 2016

Detect, Disrupt, And Detain: Local Law Enforcement's Critical Roles In Combating Homegrown Extremism And The Evolving Terrorist Threat, Mitch Silber, Adam Frey

Fordham Urban Law Journal

No abstract provided.


Turf Wars And Growing Pains: How New York Education Law Can Ease The Co-Location Battle, Joanna Zdanys Mar 2016

Turf Wars And Growing Pains: How New York Education Law Can Ease The Co-Location Battle, Joanna Zdanys

Fordham Urban Law Journal

No abstract provided.


Campaign Finance Advisory Opinions At The State Level, Allen Dickerson, Zac Morgan Mar 2016

Campaign Finance Advisory Opinions At The State Level, Allen Dickerson, Zac Morgan

Fordham Urban Law Journal

No abstract provided.


The (New) New Judicial Federalism: State Constitutions And The Protection Of The Individual Right To Bear Arms, Michael B. De Leeuw Mar 2016

The (New) New Judicial Federalism: State Constitutions And The Protection Of The Individual Right To Bear Arms, Michael B. De Leeuw

Fordham Urban Law Journal

No abstract provided.


In Museums We Trust: Analyzing The Mission Of Museums, Deaccessioning Policies, And The Public Trust, Sara Tam Feb 2016

In Museums We Trust: Analyzing The Mission Of Museums, Deaccessioning Policies, And The Public Trust, Sara Tam

Fordham Urban Law Journal

No abstract provided.


Citizens Versus Bondholders, Richard C. Schragger Feb 2016

Citizens Versus Bondholders, Richard C. Schragger

Fordham Urban Law Journal

No abstract provided.


Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb Feb 2016

Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb

Fordham Urban Law Journal

No abstract provided.


Chronicle Of A Local Crisis Foretold—Lessons From Israel, Omer Kimhi Feb 2016

Chronicle Of A Local Crisis Foretold—Lessons From Israel, Omer Kimhi

Fordham Urban Law Journal

No abstract provided.


Bondholders And Financially Stressed Municipalities, Clayton P. Gillette Feb 2016

Bondholders And Financially Stressed Municipalities, Clayton P. Gillette

Fordham Urban Law Journal

No abstract provided.


Will Grassroots Democracy Solve The Government Fiscal Crisis?, Julie M. Chesnik Feb 2016

Will Grassroots Democracy Solve The Government Fiscal Crisis?, Julie M. Chesnik

Fordham Urban Law Journal

No abstract provided.


Democratic Dissolution: Radical Experimentation In State Takeovers Of Local Governments, Michelle Wilde-Anderson Feb 2016

Democratic Dissolution: Radical Experimentation In State Takeovers Of Local Governments, Michelle Wilde-Anderson

Fordham Urban Law Journal

While state interventions to stabilize the finances of struggling municipalities date back to the Great Depression, the current fiscal crisis has brought a startling escalation in the powers granted to state intervention authorities. Aptly observed by Abby Goodnough in The New York Times, cities and states have tried “myriad ways of righting their fiscal ships as the recession plods on,” but until very recently, “locking the mayor out of City Hall [was] generally not one of them.” In 2010 and 2011, Michigan and Rhode Island, which have been watched closely by other states, dramatically reformed their laws governing state receiverships …


Free And Open Source Software In Municipal Procurement:The Challenges And Benefits Of Cooperation, Justin C. Colannino Feb 2016

Free And Open Source Software In Municipal Procurement:The Challenges And Benefits Of Cooperation, Justin C. Colannino

Fordham Urban Law Journal

The use of free and open source software by municipal governments is the exception rather than the rule. This is due to a variety of factors, including a failure of many municipal procurement policies to take into account the benefits of free software, free software vendors second-to-market status, and a lack of established free and open source software vendors in niche markets. With feasible policy shifts to improve city operations, including building upon open standards and engaging with free software communities, municipalities may be able to better leverage free and open source software to realize fully the advantages that stem …