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Full-Text Articles in Law
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 …
Foreword Report: Foreword, John D. Feerick, Cyrus Vance
Foreword Report: Foreword, John D. Feerick, Cyrus Vance
Faculty Scholarship
The last few years have been particularly bad for government integrity in New York. Since 1985, New York City has been rocked by a series of highly publicized scandals, arguably the worst since the days of Tammany Hall. One borough president was convicted of felonies; another committed suicide while under investigation; a congressman was recently convicted of bribery and extortion; former party chairmen in two boroughs were convicted of serious crimes; and a number of agency heads, judges, and lesser officials either have been convicted or forced to resign under a cloud of suspicion. And the City does not have …
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.
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 …