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Full-Text Articles in Law
Do Local Governments Really Have Too Much Power? Understanding The National League Of Cities' Principles Of Home Rule For The 21st Century, Nestor M. Davidson, Richard Schragger
Do Local Governments Really Have Too Much Power? Understanding The National League Of Cities' Principles Of Home Rule For The 21st Century, Nestor M. Davidson, Richard Schragger
Faculty Scholarship
This Article explains and defends the National League of Cities’ Principles of Home Rule for the 21st Century, which the authors participated in drafting. The Principles project both articulates a vision of state-local relations appropriate to an urban age and, as with previous efforts stretching back to the Progressive Era, includes a model constitutional home rule article designed to serve as the foundation for state-level constitutional law reform. This Article explains the origins of the Principles, outlines the major components of its model constitutional provision, and defends the model against a set of criticisms common to this and past home-rule …
Book Review: The Roots Of Urban Discontent: Public Policy, Municipal Institutions, And The Ghetto, John Muller
Book Review: The Roots Of Urban Discontent: Public Policy, Municipal Institutions, And The Ghetto, John Muller
Fordham Urban Law Journal
The Roots of Urban Discontent extends significantly the analysis of opinion and attitude surveys undertaken pursuant to the National Advisory Commission's mandate. It is a major addition to the literature comparing urban institutions in American cities; it is also a significant contribution to the study of interactions between urban political and civic leaders and the black population and between blacks and "street-level" agents of selected public service-providing and commercial institutions in American cities in the later 1960s.
Toward Equal Delivery Of Municipal Services In The Central Cities, Kenneth W. Bond
Toward Equal Delivery Of Municipal Services In The Central Cities, Kenneth W. Bond
Fordham Urban Law Journal
Urban living has become inevitable for most Americans in central cities and government assistance has risen steadily to help the masses crowded in the urban complex. Legislation has been aimed at equalizing the opportunity for employment, decent housing, voting, education, basic social welfare, and a host of other concerns considered elemental for the fulfillment of the “American dream.” Until recently, the courts have been slow to act affirmatively to remedy the inequities related to the enforcement of such legislation. Recent cases suggest an attitude of benign complacency in the Supreme Court, allowing it to ignore critical socio-economic problems in the …
New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning
New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning
Fordham Urban Law Journal
Virtually every member of the urban community is a party to a landlord-tenant relationship. As the general tenor of urban life in America changes, so must the laws which govern the urban dweller. For years the doctrine of caveat emptor prevented the tenant from forcing the landlord to make necessary repairs or to retain the leased premises in a habitable condition. The doctrine of constructive eviction afforded him little relief; and housing and sanitation codes, while achieving a measure of success, were generally ineffective. Only when conditions because unbearable did the law protect him. Increasingly, however, the trend has been …
Urban Planning In The 1960'S: A Design For Irrelevancy. By Marshall Kaplan. New York: Praeger Publishers. 1973. Pp. Xii, 132. $14.00., Henie Lustgarten
Urban Planning In The 1960'S: A Design For Irrelevancy. By Marshall Kaplan. New York: Praeger Publishers. 1973. Pp. Xii, 132. $14.00., Henie Lustgarten
Fordham Urban Law Journal
This book is a collection of published and unpublished articles written by the author during the 1960s which deal with both the body of knowledge of urban planning and the channels through which it is presumably implemented. Outstanding among the several themes which emerge from these essays is the inescapable need to examine and evaluate the function of cities and the role of city planners. Kaplan couches his discussions in terms of the past and present foci of the planning field, newer community roles for planners, and his own suggestions concerning policies and programs.