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Articles 1 - 30 of 36
Full-Text Articles in Law
Tax Certiorari Proceedings And The Present Real Property Tax System In New York City, Mark A. Willis
Tax Certiorari Proceedings And The Present Real Property Tax System In New York City, Mark A. Willis
Fordham Urban Law Journal
This article examines the way the tax system in New York City contrasts sharply with the New York state uniform tax system that requires all real property to be assessed at full market value and within a single jurisdiction, taxed at the same statutory rate. The author finds that properties in the city are assessed at differing percentages of market value, resulting in wide differences in effective tax rates, particularly between residential and non-residential properties. The author posits that a switch by the city to a uniform tax system would result in major reallocation of the tax burden among the …
Horse Racing And The Law: A Legislative Proposal To Harness Race-Fixing, Bradley S. Telias
Horse Racing And The Law: A Legislative Proposal To Harness Race-Fixing, Bradley S. Telias
Fordham Urban Law Journal
This article, written at a time when horse-racing was experiencing a wave of corruption and race-fixing, first examines the relevant court decisions involving license suspensions in horse racing. An evaluation of the corruption present in both the harness and thoroughbred racing industries is set forth in Part III. Finally, the article proposes legislative amendments to the relevant statutory provisions, designed to stem the tide of thorough-bred corruption and help restore the public's confidence in the sport.
Governmental Misconduct And The Right Of Liberty, Michael A. Vaccari
Governmental Misconduct And The Right Of Liberty, Michael A. Vaccari
Fordham Urban Law Journal
The due process clauses of the fifth and fourth amendments to the United States Constitution protect individuals from arbitrary and capricious government action. This article explores the violation of a criminal defendant's right to liberty when a conviction is the result of unreasonable law enforcement misconduct. The article examines the limitations placed on the actions of government officials contained in the fourth and fifth amendments and the defense of entrapment. It also offers an analysis of the nature and scope of the due process right of liberty, through a philosophical lens. This article finally posits the legal basis for recognizing …
Shipowner Liability Under Section 905(B) Of The Longshoremen's And Harbor Workers' Compensation Act: A Proposed Standard Of Care, Michael A. Viani
Shipowner Liability Under Section 905(B) Of The Longshoremen's And Harbor Workers' Compensation Act: A Proposed Standard Of Care, Michael A. Viani
Fordham Urban Law Journal
The 1972 Amendments to the Longshoremen's and Harbor Workers' Compensation Act (LWHCA) greatly increased the maximum benefits to be paid to an injured longshoreman by the shipowner and, nullifying two Supreme Court decisions, permitted an injured longshoreman to maintain an action against a shipowner premised upon the "unseaworthiness" of the shipowner's vessel. A finding of "unseaworthiness" would render the shipowner fully liable for any injuries that occurred. As a result of the 1972 Amendments, section 905(b) of the LHWCA provides that an injured longshoreman" can recover damages against a shipowner only upon a showing of negligence. This article identifies and …
Nuclear Accidents: Judicial Review Of The Nrc's Duty To Issue A Health Warning, Valerie Acerra
Nuclear Accidents: Judicial Review Of The Nrc's Duty To Issue A Health Warning, Valerie Acerra
Fordham Urban Law Journal
This article focuses on the increasing effects of carcinogens and toxins into the environment on the public health, particularly the hazards of radiation. Utilizing the Three Mile Island nuclear power accident as a case study, it examines the theoretical battles over nuclear power production. It analyzes whether residents living near the Three Mile Island facility were entitled to a health warning due to the radiation emitted by the accident. The article proposes that the Nuclear Regulatory Commission should be the body that issues such a warning, and examines whether the issuance of a health warning is a nondiscretionary duty of …
The Art Investment Contract: Application Of Securities Law To Art Purchases, Maureen Holm
The Art Investment Contract: Application Of Securities Law To Art Purchases, Maureen Holm
Fordham Urban Law Journal
This article examines art transactions as investment contracts. It posits that the art investor could benefit from the same preventive and remedial regulations imposed upon conventional investment transactions, describing and analyzing the five principal types of art transactions. It then explores the substantive concerns facing the art investor and existing protections, in comparison to the protections available to the investor in conventional securities investments. The article then analyzes the proposition that art transactions typically constitute investment contracts in light of Supreme Court decisions on the topic. Finally, the article discusses the current position of the Securities and Exchange Commission ("SEC") …
Insider Loans: How Restricted Is The Banker?, Patricia A. Murphy
Insider Loans: How Restricted Is The Banker?, Patricia A. Murphy
Fordham Urban Law Journal
This article examines the Federal Institutions Regulatory and Interest Rate Control Act of 1978 ("FIRA"), bank reform legislation that imposed stricter controls on insider lending transactions that Congress had seen as one of the primary threats to the successful operations of banks. It highlights the differences between state and federally chartered banks, illustrating that state chartered banks are not subject to federal banking provisions unless they become a member of the Federal Reserve System. It argues that FIRA provides the safeguards necessary to control bank insider abuses by imposing a myriad of lending limitations and reporting mechanisms. It discusses and …
The Gnma Securities Market: An Analysis Of Proposals For A Regulatory Scheme, Janice L. D'Arrigo
The Gnma Securities Market: An Analysis Of Proposals For A Regulatory Scheme, Janice L. D'Arrigo
Fordham Urban Law Journal
This article explains the history behind the Government National Mortgage Association Mortgage-Backed Securities ("MSB") program, created in the 1960's to increase and stabilize the supply of residential mortgage credit to attract a broad base of investors. It also discusses the formation of the Government National Mortgage Association ("GNMA" or Ginnie Mae"), whose purpose is to assume certain functions of the Federal National Mortgage Association ("FNMA") that could not be carried out in the private market. It addresses the issue that Ginnie Maes are not regulated under the federal securities laws, and that as a result, trading abuses in the Ginnie …
Cogeneration: A Successful Response To The Energy Crisis?, Charles M. Pratt
Cogeneration: A Successful Response To The Energy Crisis?, Charles M. Pratt
Fordham Urban Law Journal
This article examines the concept of cogeneration, a term for the simultaneous production of both electricity and other useful energy in a single facility by a cascading use of heat energy. It analyzes the rise of cogeneration through the lens of the Public Utility Regulatory Policies Act of 1978 ("PURPA"), enacted by Congress to improve the distribution of electric energy and encourage the conservation of resources, as well as the efforts of the Federal Energy Regulatory Commission ("FERC") to encourage cogeneration. This article discusses a number of the issues raised and left unresolved by this federal policy of encouraging the …
A Law In Search Of A Policy: A History Of New York's Real Property Tax Exemption For Nonprofit Organizations, Robert L. Beebe, Stephen J. Harrison
A Law In Search Of A Policy: A History Of New York's Real Property Tax Exemption For Nonprofit Organizations, Robert L. Beebe, Stephen J. Harrison
Fordham Urban Law Journal
This article examines the problem of the erosion of the New York municipality tax bases due to a proliferation of New York property tax exemptions for nonprofit organizations. It posits that one of the most difficult and sensitive subjects of real property tax administration is the exemption available to property owned by nonprofit organizations, that do work solely for religious, charitable, hospital, educational, moral or mental improvement of men, women or children. It analyzes the effects of these tax exemptions utilizing a four tiered approach. First, it explains the history of an increasingly intense competition between the needs of the …
Tax Certiorari Proceedings And The Present Real Property Tax System In New York City, Mark A. Willis
Tax Certiorari Proceedings And The Present Real Property Tax System In New York City, Mark A. Willis
Fordham Urban Law Journal
This article examines the way the tax system in New York City contrasts sharply with the New York state uniform tax system that requires all real property to be assessed at full market value and within a single jurisdiction, taxed at the same statutory rate. The author finds that properties in the city are assessed at differing percentages of market value, resulting in wide differences in effective tax rates, particularly between residential and non-residential properties. The author posits that a switch by the city to a uniform tax system would result in major reallocation of the tax burden among the …
The Kemp-Garcia Enterprise Zone Bill: A New, Less Costly Approach To Urban Redevelopment, Robert W. Benjamin
The Kemp-Garcia Enterprise Zone Bill: A New, Less Costly Approach To Urban Redevelopment, Robert W. Benjamin
Fordham Urban Law Journal
This article examines the Reagan Administration's practice of creating enterprise zones in blighted urban areas. Enterprise zones are small areas which offer tax abatements and other incentives to to businesses willing to locate within the boundaries of the zone. The author acknowledges that this practice is not new, but argues that the Reagan administration would be the first to offer major incentives to encourage the private sector to undertake the task of rebuilding the nation's most impoverished areas. This article examines the Kemp-Garcia bill, which provides that enterprise zones are to be designated by the Secretary of commerce at the …
The Imposition Of New York City's Water And Sewer Rents On Non-Profit Institutions , Adam Hoffinger
The Imposition Of New York City's Water And Sewer Rents On Non-Profit Institutions , Adam Hoffinger
Fordham Urban Law Journal
This article focuses on the immunity from real property taxation and charges for the use of water and sewer services that New York nonprofit institutions have historically enjoyed. It first examines the nature of New York City's water and sewer rents and exemptions, and the method by which New York city charges for water and sewer services. It then examines the case law that establishes the liability of nonprofit institutions for the payment of water and sewer rent. It further explores the exemptions from water and sewer rents extended to nonprofit organizations in New York City. Finally, in light of …
The Proposed Federal Securities Code: Time To Recognize That Financial Information Becomes Stale, Scott V. Simpson
The Proposed Federal Securities Code: Time To Recognize That Financial Information Becomes Stale, Scott V. Simpson
Fordham Urban Law Journal
This note addresses the Federal Securities Code ("Code"), developed by the American Law Institute ("ALI"). It specifically focuses on the underlying policy of continuous disclosure implemented by the Code, which requires companies to register once and then continuously disclose to the securities marketplace important developments on their financial position. This note poses a question: "At what point does financial information become stale?" It focuses on the nature of stale financial information by reviewing the treatment of staleness in common law fraud and bankruptcy cases. It then analyzes the approach taken with regard to stale financial information in existing securities law. …
Nyrpl § 226-B: No Right To Sublease Without Consent, Carolyn Debra Karp
Nyrpl § 226-B: No Right To Sublease Without Consent, Carolyn Debra Karp
Fordham Urban Law Journal
This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. Enacted to give tenants in a dwelling having four or more residential units the right to sublease or assign their apartments, subject to the landlord's consent, it provides that the landlord must release the tenant from the lease if (s)he "unreasonably withholds consent for such sublease or assignment." The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. However, some courts have interpreted this section to confer upon …
Cogeneration: A Successful Response To The Energy Crisis?, Charles M. Pratt
Cogeneration: A Successful Response To The Energy Crisis?, Charles M. Pratt
Fordham Urban Law Journal
This article examines the concept of cogeneration, a term for the simultaneous production of both electricity and other useful energy in a single facility by a cascading use of heat energy. It analyzes the rise of cogeneration through the lens of the Public Utility Regulatory Policies Act of 1978 ("PURPA"), enacted by Congress to improve the distribution of electric energy and encourage the conservation of resources, as well as the efforts of the Federal Energy Regulatory Commission ("FERC") to encourage cogeneration. This article discusses a number of the issues raised and left unresolved by this federal policy of encouraging the …
New York's Tax And Debt Limits And Classified Property Tax Assessments: Time For A Constitutional Amendment?, Alan J. Weiss
New York's Tax And Debt Limits And Classified Property Tax Assessments: Time For A Constitutional Amendment?, Alan J. Weiss
Fordham Urban Law Journal
This Comment addresses the proposed changes in 1981 to New York's Real Property Tax Law, which would change the law that states all property must be assessed for taxation at its full value. The author posits that this change may have the unintended effect on the manner in which local government borrowing and taxing powers are restricted by the state constitution, thus possibly substantially reducing the amount of revenue local governments may obtain by borrowing and taxing. It first analyzes the effect of a modification of the assessment standard on New York's constitutional borrowing and taxing restrictions, which were adopted …
A Law In Search Of A Policy: A History Of New York's Real Property Tax Exemption For Nonprofit Organizations, Robert L. Beebe, Stephen J. Harrison
A Law In Search Of A Policy: A History Of New York's Real Property Tax Exemption For Nonprofit Organizations, Robert L. Beebe, Stephen J. Harrison
Fordham Urban Law Journal
This article examines the problem of the erosion of the New York municipality tax bases due to a proliferation of New York property tax exemptions for nonprofit organizations. It posits that one of the most difficult and sensitive subjects of real property tax administration is the exemption available to property owned by nonprofit organizations, that do work solely for religious, charitable, hospital, educational, moral or mental improvement of men, women or children. It analyzes the effects of these tax exemptions utilizing a four tiered approach. First, it explains the history of an increasingly intense competition between the needs of the …
The Kemp-Garcia Enterprise Zone Bill: A New, Less Costly Approach To Urban Redevelopment, Robert W. Benjamin
The Kemp-Garcia Enterprise Zone Bill: A New, Less Costly Approach To Urban Redevelopment, Robert W. Benjamin
Fordham Urban Law Journal
This article examines the Reagan Administration's practice of creating enterprise zones in blighted urban areas. Enterprise zones are small areas which offer tax abatements and other incentives to to businesses willing to locate within the boundaries of the zone. The author acknowledges that this practice is not new, but argues that the Reagan administration would be the first to offer major incentives to encourage the private sector to undertake the task of rebuilding the nation's most impoverished areas. This article examines the Kemp-Garcia bill, which provides that enterprise zones are to be designated by the Secretary of commerce at the …
New York's Tax And Debt Limits And Classified Property Tax Assessments: Time For A Constitutional Amendment?, Alan J. Weiss
New York's Tax And Debt Limits And Classified Property Tax Assessments: Time For A Constitutional Amendment?, Alan J. Weiss
Fordham Urban Law Journal
This Comment addresses the proposed changes in 1981 to New York's Real Property Tax Law, which would change the law that states all property must be assessed for taxation at its full value. The author posits that this change may have the unintended effect on the manner in which local government borrowing and taxing powers are restricted by the state constitution, thus possibly substantially reducing the amount of revenue local governments may obtain by borrowing and taxing. It first analyzes the effect of a modification of the assessment standard on New York's constitutional borrowing and taxing restrictions, which were adopted …
The Imposition Of New York City's Water And Sewer Rents On Non-Profit Institutions , Adam Hoffinger
The Imposition Of New York City's Water And Sewer Rents On Non-Profit Institutions , Adam Hoffinger
Fordham Urban Law Journal
This article focuses on the immunity from real property taxation and charges for the use of water and sewer services that New York nonprofit institutions have historically enjoyed. It first examines the nature of New York City's water and sewer rents and exemptions, and the method by which New York city charges for water and sewer services. It then examines the case law that establishes the liability of nonprofit institutions for the payment of water and sewer rent. It further explores the exemptions from water and sewer rents extended to nonprofit organizations in New York City. Finally, in light of …
The Proposed Federal Securities Code: Time To Recognize That Financial Information Becomes Stale, Scott V. Simpson
The Proposed Federal Securities Code: Time To Recognize That Financial Information Becomes Stale, Scott V. Simpson
Fordham Urban Law Journal
This note addresses the Federal Securities Code ("Code"), developed by the American Law Institute ("ALI"). It specifically focuses on the underlying policy of continuous disclosure implemented by the Code, which requires companies to register once and then continuously disclose to the securities marketplace important developments on their financial position. This note poses a question: "At what point does financial information become stale?" It focuses on the nature of stale financial information by reviewing the treatment of staleness in common law fraud and bankruptcy cases. It then analyzes the approach taken with regard to stale financial information in existing securities law. …
Nyrpl § 226-B: No Right To Sublease Without Consent, Carolyn Debra Karp
Nyrpl § 226-B: No Right To Sublease Without Consent, Carolyn Debra Karp
Fordham Urban Law Journal
This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. Enacted to give tenants in a dwelling having four or more residential units the right to sublease or assign their apartments, subject to the landlord's consent, it provides that the landlord must release the tenant from the lease if (s)he "unreasonably withholds consent for such sublease or assignment." The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. However, some courts have interpreted this section to confer upon …
New Business Development, Hugh L. Carey
New Business Development, Hugh L. Carey
Fordham Urban Law Journal
This article discusses ways in which the states and the federal government can promote the continued development of new business. Carey identifies three reforms in which states could institute that would improve the business climate: taxes, development finance initiatives and regulatory reform. He discusses how current tax policies discourage risk taking behavior and suggests that any tax cut should aim to increase the liquidity available for capital investment, such as exempting investments made within a firm's first five years of existence from state capital gains tax, refunding investment tax credits, and broadening state sales tax exemptions. Carey also highlights how …
Federal Financing Of Urban Economic Development, S. William Green, Nancy W. Hunt
Federal Financing Of Urban Economic Development, S. William Green, Nancy W. Hunt
Fordham Urban Law Journal
Green and Hunt address the issue of whether the federal government should focus on "solving the nation's macroeconomic problems" with the hope that it will encourage local economic activity, or focus directly on "localities that are in social, economic or fiscal distress." They discuss and highlight the shortcomings of past federal initiatives to aid declining urban areas such as Hoover's Reconstruction Finance Corporation, the Housing Act of 1954, the Urban Development Action Grant program, the Community Development Block Grant, the Area Redevelopment Act, the Public Works and Economic Development Act of 1965 and the Reagan Administrations Kemp-Garcia plan. Green and …
Alliance For Growth: Stimulating Urban Revitalization Through Corporate, Governmental And Community Cooperation, James P. Murphy
Alliance For Growth: Stimulating Urban Revitalization Through Corporate, Governmental And Community Cooperation, James P. Murphy
Fordham Urban Law Journal
Murphy address the population decline occurring in cities over the past few decades. He argues that if this trend is not reversed this could become a serious impediment to progress in the future. Section II of this article examines the problems that American cities are faced with that are contributing to urban decay such as the focus of government resources on the manufacturing sector when there has been a shift towards the services sector, the weakened pro-city support in Congress and the lack of economic optimism among racial and ethnic minorities living in urban areas. Section III of this article …
The Small Business Investment Incentive Act Of 1980 And Venture Capital Financing, Richard G. Tashjian
The Small Business Investment Incentive Act Of 1980 And Venture Capital Financing, Richard G. Tashjian
Fordham Urban Law Journal
The small business community is a diverse component of the national economy and if very often the leader of developing new technology, products and services. Traditionally, small businesses do not raise capital in the conventional public markets; rather, they generally receive their capital from the venture capital industry. Once a venture capital company becomes publicly held or reaches a certain size, however, it becomes subject to detailed regulation under the Investment Company Act of 1940. The venture capital industry has consistently maintained that it cannot operate and function efficiently under the 1940 Act, and the result has been a lack …
Municipal Hospital Closings Under Title Vi: A Requirement Of Reasonable Justifications, Carol A. Cimkowski
Municipal Hospital Closings Under Title Vi: A Requirement Of Reasonable Justifications, Carol A. Cimkowski
Fordham Urban Law Journal
Municipal hospital closings in recent years are a by-product of two phenomena: 1) the dramatic increase in health care costs and, 2) the fiscal crisis facing many cities. The impact of this reduction in municipal services is felt most acutely by indigent inner city residents, who, because of municipal hospitals receive a portion of their funding from the federal government, have been able to challenge the closings of acute health care facilities as a violation of Title VI of the 1964 Civil Rights Act. Whether plaintiffs can succeed in these suits depends upon the standard that federal courts will employ …
The Handicapped And Mass Transportation: The Effectiveness Of Section 504 In Implementing Equal Access, Serene K. Nakano
The Handicapped And Mass Transportation: The Effectiveness Of Section 504 In Implementing Equal Access, Serene K. Nakano
Fordham Urban Law Journal
In an effort to advance the rights of handicapped people to use mass transportation, the Department of Transportation has enacted a series of regulations that required facilities to be updated to allow for effective use by the handicapped, including the non-ambulatory wheelchair bound. As part of these regulations, section 504 of the Rehabilitation Act contained a general clause prohibiting discrimination against the handicapped by recipients of federal funds. The legislative history of the Rehabilitation Act makes it clear that Congress intended the handicapped to be integrated into mainstream society. Imposition of such a dichotomy, moreover runs afoul of the Federal-Aid …
Royalty Financing As A Tool For Economic Development, Michael Katovitz
Royalty Financing As A Tool For Economic Development, Michael Katovitz
Fordham Urban Law Journal
Venture capital funding is the segment of the capital market most oriented toward financing new, high-risk companies. Since 1970, however, fewer firms have been able to go public, decreasing the importance of venture capital as a mechanism for financing new firms. Because many new firms have been unable to go public, venture capitalists have to seek other methods of investments. These alternate methods have proven unacceptable and have contributed to a decrease in the use of venture capital as a source for financing new firms. This Note will first discuss the role that government has played in providing adequate financing …