Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Year
- Publication
Articles 1 - 17 of 17
Full-Text Articles in Law
Global Cities And The Governance Of Climate Change: What Is The Role Of Law In Cities?, Heike Schroeder, Harriet Bulkeley
Global Cities And The Governance Of Climate Change: What Is The Role Of Law In Cities?, Heike Schroeder, Harriet Bulkeley
Fordham Urban Law Journal
This Article examines how global cities are governing climate change. Part I of this Article provides an overview of the national and international contexts of urban climate governance focusing on the United Kingdom and the United States. Parts II and III analyze London and Los Angeles, respectively, as examples of global cities. They provide a thorough examination of climate change policies and actions in these two cities, based on approximately thirty in-depth interviews with government, business and civil society representatives during 2007-08, as well as official documents and grey literature. Part IV then examines the modes of governance to understand …
Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield
Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield
Fordham Urban Law Journal
This Article recommends that land use and housing policies be marshaled to reduce residential racial segregation and concentrated poverty. It argues secondly, that state legislatures must adopt a coordinated policy approach. This Article uses Oregon's comprehensive land use legislation as a paradigmatic example of policies that effectively promote affordable housing and decrease urban sprawl. Finally, the article discusses nine policies that the author believes are necessary to promote stable metropolitan living patterns.
The Dangers Of Fighting Terrorism With Technocommunitarianism: Constitutional Protections Of Free Expression, Exploration, And Unmonitored Activity In Urban Spaces, Marc Jonathan Blitz
The Dangers Of Fighting Terrorism With Technocommunitarianism: Constitutional Protections Of Free Expression, Exploration, And Unmonitored Activity In Urban Spaces, Marc Jonathan Blitz
Fordham Urban Law Journal
Part I of this article examines how some commentators can plausibly argue that constitutional liberty and privacy protections do not protect the individual liberty and privacy that modern individuals have come to expect in many public spaces, particularly in urban environments. Constitutional liberalism, this section points out, makes this question a difficult one, because it is marked by scrupulous neutrality towards different visions of “the good life.” In other words, the constitutional order does not condemn those who choose a communitarian way of life and favor those who prefer individualism. Rather, it tolerates both of these (and other) preferences about …
The “Threat Of Terrorism” And The Right To The Cit, Peter Marcuse
The “Threat Of Terrorism” And The Right To The Cit, Peter Marcuse
Fordham Urban Law Journal
Restrictions on the everyday use of public space; restrictions on access to public buildings; restrictions on political expression and assembly for political purposes; restrictions on the freedom of immigrants to use public facilities and services in the city; increased segregation, exclusion, and concentrated decentralization of residences and economic activities are all key examples of the way the false threat of terrorism has been used to restrict rights to the city. The Right to the City has never been fully recognized in modern times. The false response to the threat of terrorism has made its realization even more remote.
Hail, Hail, The Gangs Are All Here: Why New York Should Adopt A Comprehensive Anti-Gang Statute, Bart H. Rubin
Hail, Hail, The Gangs Are All Here: Why New York Should Adopt A Comprehensive Anti-Gang Statute, Bart H. Rubin
Fordham Law Review
No abstract provided.
Race, Space, And Place: The Relation Between Architectural Modernism, Post-Modernism, Urban Planning, And Gentrification, Keith Aoki
Fordham Urban Law Journal
Since the early 19th century, American city planning and architectural design has sought to reconcile the city with the countryside. During the late 19th and early 20th centuries, city planning focussed on bringing elements of the country to the urban landscape, while for much of the 20th century architectural designs sought to make the city more accessible to suburbanites. Both approaches to urban planning were based on architectural modernism, which led to city development plans that reflected developers' subjective value laden biases about urban life. The result was significant urban decay as zoning regulations and utilitarian city planning resulted in …
Gentrification: The Class Conflict Over Urban Space Moves Into The Courts, Harold A. Mcdougall
Gentrification: The Class Conflict Over Urban Space Moves Into The Courts, Harold A. Mcdougall
Fordham Urban Law Journal
Gentrification of inner-cities has resulted in a class conflict over urban space. An issue in the federal courts is whether the Department of Housing and Urban Development (HUD) can build, sponsor, or subsidize low income housing projects within or near revitalized neighborhoods. In Stryker's Bay Neighborhood Council v. Karlen, the United States Supreme Court held that HUD's decision-making process relating to the placement of low income housing is beyond judicial review. This Article reviews recent litigation in Philadelphia, Chicago and Boston in light of Stryker's Bay, and concludes that in order to protect federal efforts to maintain the integrated character …
Case Note: Environmental Law - National Environmental Policy Act - Potential Environmental Effects Of Urban Unemployment Require Preparation Of An Environmental Impact Statement, Elizabeth Manning
Fordham Urban Law Journal
In this case note, Elizabeth Manning analyzes City of Rochester v. United States Postal Service, 541, F.2d 967 (2d Cir. 1976). The City of Rochester and the Genessee-Finger Lakes Regional Planning Board sued to enjoin the Postal Service from constructing a 12 million dollar postal facility in a Rochester suburb, in contemplation of abandoning an older smaller facility within the city itself. Plaintiffs asserted that the Postal Service's change of location was "a major Federal actio[n] significantly affecting the quality of the human environment," and that the National Environmental Policy Act of 1969 (NEPA) required the preparation of an Environmental …
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.
Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson
Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson
Fordham Urban Law Journal
The issues in environmental law have been largely directed toward the natural environment, however, very recently and with growing force, new law has been channeled into the service of our nation's urban centers. Traditionally, urban environmental law included only broad schemes to redress urban ills, such as zoning laws, public housing programs, and urban renewal. In the past few years, there has been an increase in the development of personally held and asserted citizens rights to a quality urban environment. While articles on the urban environment often deal with statutory and administrative action, this article presents a different perspective, that …
Cargo Of Fire: A Call For Stricter Regulation Of Liquefied Natural Gas Shipment And Storage, Philip Weinberg
Cargo Of Fire: A Call For Stricter Regulation Of Liquefied Natural Gas Shipment And Storage, Philip Weinberg
Fordham Urban Law Journal
The imminent prospect of importation of large quantities of liquefied natural gas (LNG) through congested harbors and its storage in huge tanks in densely-populated urban areas provides a classic instance of our technological reach exceeding our grasp. The severe danger of widespread fire impels an exhaustive examination of the need to import LNG through busy harbors and to store it within cities. Such conveyance and storage expose millions of persons and millions of dollars of property to extraordinary harm. Three aspects of proposed importation of LNG are particularly disturbing: (1) the federal government's insistence on promoting LNG importation prior to …
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 …
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 …
Neighborhood Preservation In New York City, Phillip Weitzman
Neighborhood Preservation In New York City, Phillip Weitzman
Fordham Urban Law Journal
The push to the suburbs, financed in large part by federal mortgage guarantees and highway construction moneys and bolstered by exclusionary zoning, has generated forces which tend to leave old urban neighborhoods in shambles. The syndrome of housing deterioration is well known. The dilemma of the deteriorating neighborhood is heightened in a city such as New York, where a large proportion of its population lives in old multiple family buildings. After almost forty years marked by a succession of programs designed to eliminate slums and blighted areas, New York City has concluded that its older neighborhoods must be protected from …
De Minimis Curat Lex, Brian G. Driscoll
De Minimis Curat Lex, Brian G. Driscoll
Fordham Urban Law Journal
There is a great deal of civil litigation in Urban areas and courts are unable to deal efficiently and justly with the cases that are brought before them. Additionally, there are many cases concerning a small amount of money and disputes in which citizens are in lower and middle economic classes that are never brought before the courts. The nature of the judicial system discourages these small claims but even these relatively small claims may be significant in relation to the income of some of these potential litigants. Handling this problem needs to be done through the small claims court. …
Residential Densities: A Patchwork Placebo, Stephen Sussna
Residential Densities: A Patchwork Placebo, Stephen Sussna
Fordham Urban Law Journal
This article examines the importance of residential density planning in today's society and the misapplications of this concept which have led to serious inequities in the population distribution of major American urban areas. The article will also discuss one of the great obstacles to the achievement of a rational population distribution, namely, exclusionary zoning ordinances. Finally, it will evaluate the future of density planning, specifically examining "ideal densities" and "efficient design for new communities" as well as the judicial implications of the problem. Several recommendations will also be made which, if implemented, would alleviate some of the difficulties that permeate …