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Articles 1 - 16 of 16

Full-Text Articles in Law

Getting Local Governments Where They Need To Go Without Taking Taxpayers For A Ride: "Cabs," Why They Are Used, And What Can Be Done To Prevent Their Misuse, Heather G. White Jan 2018

Getting Local Governments Where They Need To Go Without Taking Taxpayers For A Ride: "Cabs," Why They Are Used, And What Can Be Done To Prevent Their Misuse, Heather G. White

St. Mary's Law Journal

Abstract forthcoming


Citizens Versus Bondholders, Richard C. Schragger Feb 2016

Citizens Versus Bondholders, Richard C. Schragger

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.


Is Bankruptcy The Answer For Troubled Cities And States?, David A. Skeel Jr. Jan 2013

Is Bankruptcy The Answer For Troubled Cities And States?, David A. Skeel Jr.

Faculty Scholarship at Penn Law

The financial crisis that has afflicted America’s cities and states for the past decade is far from over. Under existing U.S. law, distressed municipalities can file for bankruptcy if their state permits this, as roughly half do. The states themselves do not have a bankruptcy option, however, no matter how bleak their circumstances may be. There have recently been dramatic developments in the handling of municipal distress. Several cities have filed for bankruptcy under Chapter 9, which, although adequate for sewer and water districts or a very small town, has conventionally been deemed irrelevant for real cities and ...


States Of Bankruptcy, David A. Skeel Jr. Apr 2012

States Of Bankruptcy, David A. Skeel Jr.

Faculty Scholarship at Penn Law

In the past several years, many states’ financial condition has been so precarious that some observers have predicted that one or more might default. As the crisis persisted, a very unlikely word crept into these conversations: bankruptcy. Should Congress provide a bankruptcy option for states, or would bankruptcy be a mistake? The goal of this Article is to carefully vet this question, using all of the theoretical, empirical and historical tools currently available. The discussion is structured as a “case” for bankruptcy, rather than an “on the one hand, on the other hand” assessment. But it seeks to be scrupulously ...


The Use And Abuse Of Special-Purpose Entities In Public Finance, Steven L. Schwarcz Jan 2012

The Use And Abuse Of Special-Purpose Entities In Public Finance, Steven L. Schwarcz

Faculty Scholarship

States increasingly are raising financing indirectly through special-purpose entities (SPEs), variously referred to as authorities, special authorities, or public authorities. Notwithstanding their long history and increasingly widespread use, relatively little is known or has been written about these entities. This article examines state SPEs and their functions, comparing them to SPEs used in corporate finance. States, even more than corporations, use these entities to reduce financial transparency and avoid public scrutiny, seriously threatening the integrity of public finance. The article analyzes how regulation could be designed in order to control that threat while maintaining the legitimate financing benefits provided by ...


State Bankruptcy From The Ground Up, David A. Skeel Jr. Jul 2011

State Bankruptcy From The Ground Up, David A. Skeel Jr.

Faculty Scholarship at Penn Law

After a brief, high profile debate, proposals to create a new bankruptcy framework for states dropped from sight in Washington in early 2011. With the debate’s initial passions having cooled, at least for a time, we can now consider state bankruptcy, as well as other responses to states’ fiscal crisis, a bit more quietly and carefully. In this Article, I begin by briefly outlining a theoretical and practical case for state bankruptcy. Because I have developed these arguments in much more detail in companion work, I will keep the discussion comparatively brief. My particular concern here is, as the ...


When Voters Make Laws: How Direct Democracy Is Shaping American Cities, Elizabeth Garrett, Mathew D. Mccubbins Jan 2008

When Voters Make Laws: How Direct Democracy Is Shaping American Cities, Elizabeth Garrett, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.


Constitutional Law: The Garvee Bonds Case And Executive Power: Breakthrough Or Blip?, Andrew C. Spiropoulos Jan 2003

Constitutional Law: The Garvee Bonds Case And Executive Power: Breakthrough Or Blip?, Andrew C. Spiropoulos

Oklahoma Law Review

No abstract provided.


General Legislation, S. Barrow, A. Strassburg Oct 1991

General Legislation, S. Barrow, A. Strassburg

California Regulatory Law Reporter

No abstract provided.


General Legislation, S. Barrow, A. Strassburg Aug 1991

General Legislation, S. Barrow, A. Strassburg

California Regulatory Law Reporter

No abstract provided.


General Legislation, S. Barrow, A. Strassburg May 1991

General Legislation, S. Barrow, A. Strassburg

California Regulatory Law Reporter

No abstract provided.


General Legislation, S. Barrow Jan 1991

General Legislation, S. Barrow

California Regulatory Law Reporter

No abstract provided.


Note: New York - A City In Crisis: Fiscal Emergency Legislation And The Constitutional Attacks, Gayle Gutekunst-Roth Jan 1977

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 ...


Municipal Industrial Development Bonds, Alfred E. Abbey Dec 1965

Municipal Industrial Development Bonds, Alfred E. Abbey

Vanderbilt Law Review

Several years ago a national business magazine carried an article styled "You Gotta Have A Golf Course."' The article outlined the efforts of a small town to attract new industry and the awkward realization by the city fathers that they were losing out to the competition because their community lacked such a recreational facility. After this finding, several public spirited citizens raised the necessary funds and constructed a nine-hole course. These efforts were soon rewarded when a large industrial concern located a new manufacturing plant in their city. Industrial development bonds are essentially intended to serve the same purpose as ...


Negotiability Of Highway Improvement Bonds, William F. Elliott Dec 1926

Negotiability Of Highway Improvement Bonds, William F. Elliott

Indiana Law Journal

No abstract provided.