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Articles 121 - 127 of 127

Full-Text Articles in Law

Tax Increment Financing: A Potential Redevelopment Financing Mechanism For New York Municipalities, Gary P. Winter Jan 1991

Tax Increment Financing: A Potential Redevelopment Financing Mechanism For New York Municipalities, Gary P. Winter

Fordham Urban Law Journal

This Article analyzes the New York Tax Increment Financing (TIF) law and its suitability as a locally administered redevelopment financing mechanism. This Article will explore the concept of tax increment financing, and examine the New York TIF law in terms of planning and implementation requirements for municipalities which choose to initiate recdevellopment projects using the statute.


How Much Does That $8.00 Yankee Ticket Really Cost? An Analysis Of Local Governments' Expenditure Of Public Funds To Maintain, Improve Or Acquire An Athletic Stadium For The Use Of Professional Sports Teams, Student Note Jan 1991

How Much Does That $8.00 Yankee Ticket Really Cost? An Analysis Of Local Governments' Expenditure Of Public Funds To Maintain, Improve Or Acquire An Athletic Stadium For The Use Of Professional Sports Teams, Student Note

Fordham Urban Law Journal

This Note discusses the background of the controversy surrounding the expenditure of public funds for athletic stadiums for use primarily by professional sports teams and discusses the analyses courts have developed to determine a project's legality and constitutionality. THis Note addresses the economic and policy issues involved in the expenditure of public funds in stadium projects, and suggests methods local authorities may use to prevent court challenges of these projects. This Note concludes by delineating the conditions that should be met in order for state governments to expend funds to acquire and maintain sports stadiums.


Securities Funding Of Long-Term Care: A Step Toward A Private Sector Solution, Dana Schilling Jan 1991

Securities Funding Of Long-Term Care: A Step Toward A Private Sector Solution, Dana Schilling

Fordham Urban Law Journal

This Article proposes a new system of fudning long-term care that contemplates the issuing of securities. This mechanism is designed to supplement or supplant private insurance and to enable the private sector to play a more significant role. This Article considers the current funding alternatives for nursing home care, and specifically explores the types of facilities already in existence to serve the elderly in need of nursing home services. This article proceeds to explore the concept of a health care consortium, and discusses the various legal implications of the plan.


Mount Laurel And The Fair Housing Act: Success Or Failure? A Presentation By The Affordable Housing Colloquium Of The Seton Hall University Center For Social Justice With An Introduction And Commentary By Paula A. Franzese, Paula A. Franzese, Art Bernard, Peter Van Doren Jan 1991

Mount Laurel And The Fair Housing Act: Success Or Failure? A Presentation By The Affordable Housing Colloquium Of The Seton Hall University Center For Social Justice With An Introduction And Commentary By Paula A. Franzese, Paula A. Franzese, Art Bernard, Peter Van Doren

Fordham Urban Law Journal

This article details a colloquium held by the Seton Hall University University Center for Social Justice concerning affordable housing. This article explores the historical and theoretical underpinnings of the Mount Laurel doctrine, and explores the viability of existing mechanisms to implement the associated constitutional imperative. The first speaker, Mr. Art Bernard, advocates that the current enforcement plan for realizing affordable housing goals is an effective means of enforcement. The second speaker, Professor Peter Van Doren, advocates that the Mount Laurel strategy is fundamentally ineffective, and suggests, in leiu of manipulation of housing market outcomes, that the various efficiency and equity …


In Re Kaiser Steel Corporation: Does Section 546(E) Of The Bankruptcy Code Apply To A Fraudulent Conveyance Made In The Form Of An Lbo Payment?, William C. Rand Jan 1991

In Re Kaiser Steel Corporation: Does Section 546(E) Of The Bankruptcy Code Apply To A Fraudulent Conveyance Made In The Form Of An Lbo Payment?, William C. Rand

Fordham Urban Law Journal

This Comment considers whether, in spite of the Kaiser Steel decision, a bankruptcy trustee should be able to recover a fraudulent conveyance made to a stockholder's brokerage account in the form of a Leveraged Buyout (LBO) Payment. The Comment summarizes the Kaiser Steel opinion and questions the court's interpretation of the prior case law. The Comment then explains why an LBO payment to a stockholder's brokerage account should not qualify as an exempt "settlement payment" under section 546 (e) and thus should be rcoverable as a fraudulent conveyance under section 548. The Comment assumes that such a payment is recoverable …


"Consecutive" Chapter 11 Filings: Use Or Abuse?, Jonathan Moss Jan 1991

"Consecutive" Chapter 11 Filings: Use Or Abuse?, Jonathan Moss

Fordham Urban Law Journal

This Note argues that bankrtupcy courts should apply a good faith standard that imposes a higher level of scrutiny before permitting a debtor to proceed with a second filing and plan. This Note proceeds to analyze the good faith standards for consecutive Chapter 11 petitions established in different jurisdictions. This Note then proceeds to explore the threat consecutive provisions pose to the Bankruptcy Code's lease and executory contract provisions. This Note then analyzes how consecutive filings can undermine the Code's basic creditor protections, and concludes that courts should apply a rigorous good faith standard consistent with recent decisions from the …


The Legality Of Staten Island's Attempt To Secede From New York City, Jeffrey Underweiser Jan 1991

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 …