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Articles 1 - 21 of 21
Full-Text Articles in Law
Integrity And Ethical Standards In New York State Government: Final Report To The Governor, New York State Commission On Government Integrity
Integrity And Ethical Standards In New York State Government: Final Report To The Governor, New York State Commission On Government Integrity
Fordham Urban Law Journal
September 1990 letter from the New York State Commission on Government Integrity to Governor Mario M. Cuomo. “This letter constitutes the final report of the Commission on Government Integrity. The Commission was created by Executive Order 88.1 and directed to examine a wide variety of subjects concerning government integrity in New York State. Since its inception, the Commission has submitted 20 reports containing specific recommendations for reform of New York laws, regulations and procedures. Some of these recommendations can be implemented by executive order; others require action by the New York State Legislature. Most of the recommendations would impose no …
Prosecutorial Ethics: The Case For The Per Se Rule, Kara S. Donahue
Prosecutorial Ethics: The Case For The Per Se Rule, Kara S. Donahue
Fordham Urban Law Journal
“The integrity of the legal system is essential to public confidence in government. Without public confidence, the rule of law loses its meaning. The prosecutor is often the most visible participant in the criminal justice system, and thus, even the appearance of impropriety in the prosecutor's behavior erodes the public trust. He has a duty to seek justice and truth, not only to convict. This duty creates a dual role for the prosecutor: he is both an advocate seeking to obtain convictions and a minister of justice attempting to discover the truth. The public expects him to fulfill these functions …
Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney
Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney
Fordham Urban Law Journal
Gentrification, the influx of high-income dwellers into low-income neighborhoods, has in the past decade become a serious cause of concern to low-income tenants in older American cities. Although gentrification has had some positive effects, one important negative effect has been the displacement of existing neighborhood residents. Various schemes have been suggested to combat displacement caused by gentrification. One strategy entails seeking legislative relief in the form of rent control and condominium-conversion laws to directly curb the influx of high-income residents; another makes use of rent vouchers and public housing to ameliorate the effects of displacement. This Article analyzes an alternative …
Foreword: Legal Ethics And Government Integrity, Cyrus Vance
Foreword: Legal Ethics And Government Integrity, Cyrus Vance
Fordham Urban Law Journal
This foreword addresses "the need to uphold and maintain a high level of integrity in both the legal profession and in government." The author discusses the roles of self-regulation and ethical standards for ensuring integrity in the legal and governmental fields. "Public trust and confidence in lawyers and government officials alike require that members of each group strive to maintain the highest ethical standards. This issue of the Urban Law Journal contributes to our thinking about the need for and problems of preserving both government and professional integrity."
Reflections On Chairing The New York State Commission On Government Integrity, John D. Feerick
Reflections On Chairing The New York State Commission On Government Integrity, John D. Feerick
Fordham Urban Law Journal
"The New York State Commission on Government Integrity (Commission) was born from a sense of crisis. A series of corruption scandals in New York State, involving officials at all levels of government, produced widespread cynicism and distrust of government and created a perception that unethical, if not illegal, practices were rampant throughout the State. The scandals implicated borough presidents of New York City, political party chairmen, municipal officials, members of the State Legislature, judges and a host of other officials." Following the New York State Commission on Government Integrity's final report to Governor Mario Cuomo in September 1990, Chairman John …
Restoring The Public Trust: A Blueprint For Government Integrity, New York State Commission On Government Integrity
Restoring The Public Trust: A Blueprint For Government Integrity, New York State Commission On Government Integrity
Fordham Urban Law Journal
September 1990 report of the New York State Commission on Government Integrity calling for "sweeping reforms to our laws to safeguard the public sector from the pressures brought to bear by private sector special interests and to reduce the temptation of officials to abuse their trust." In this "blueprint," the Commission identified several aspects of state government requiring legal and ethical reform, including: - campaign finance contribution limits, disclosure requirements, the public funding option, and ineffective enforcement by the State Board of Elections; - political influence in the judicial selection process; - limitations of the Ethics in Government Act; - …
Felony Murder And Child Abuse: A Proposal For The New York Legislature, Barry Bendetowies
Felony Murder And Child Abuse: A Proposal For The New York Legislature, Barry Bendetowies
Fordham Urban Law Journal
"Lisa Steinberg's head was hit so hard her injuries matched those of a person who had fallen out of a three-story window. Over the course of three months, investigators believed that Jessica Cortez was beaten numerous times with fists, a ruler, and a belt by her mother's companion who, in addition, sexually abused her. Lisa and Jessica are only two of the many New York City children who have died as a result of child abuse in recent years; at least 126 other children died at the hands of abusive adults in 1988 alone. This alarming and ever increasing statistic …
The Long Process Of Change: The 1990 Amendments To The New York Code Of Professional Responsibility, Marjorie E. Gross
The Long Process Of Change: The 1990 Amendments To The New York Code Of Professional Responsibility, Marjorie E. Gross
Fordham Urban Law Journal
“The purposes of this Article are to describe the significant changes to the 1970 (New York) Code (of Professional Responsibility) and to give a firsthand account of the amendment process. Part I explains the process by which the Appellate Divisions adopt Disciplinary Rules promulgated by the New York State Bar Association. Part II discusses the specific amendments to the 1970 Code which became effective September 1, 1990. Part III summarizes the overall results of the amendments to the Code. “The principal changes reflected in the 1990 Code include: making a lawyer subject to discipline for unlawfully discriminating in the practice …
Tenements And Takings: Tenement House Department Of New York V. Moeschen As A Counterpoint To Lochner V. New York, Judith A. Gilbert
Tenements And Takings: Tenement House Department Of New York V. Moeschen As A Counterpoint To Lochner V. New York, Judith A. Gilbert
Fordham Urban Law Journal
“The sharp rightward shift in land use law, and particularly in ‘takings’ jurisprudence, in the 1980s prompted anguished responses from advocates of government regulation who characterized the trend as a ‘return to the good old days of Locke and Lochner,’ ‘the Reagan Revolution's Lochnerian [r]eturn,’ ‘a revival of decisions like Lochner,’ ‘origins [in] the set of beliefs associated with the Lochner era,’ and ‘Back to the Future: From Nollan to Lochner.’ Critics were reacting in particular to an ominous alignment in the constitutional heavens: a constellation of United States Supreme Court decisions restricting the ability of state and local governments …
Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney
Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney
Fordham Urban Law Journal
Gentrification, the influx of high-income dwellers into low-income neighborhoods, has in the past decade become a serious cause of concern to low-income tenants in older American cities. Although gentrification has had some positive effects, one important negative effect has been the displacement of existing neighborhood residents. Various schemes have been suggested to combat displacement caused by gentrification. One strategy entails seeking legislative relief in the form of rent control and condominium-conversion laws to directly curb the influx of high-income residents; another makes use of rent vouchers and public housing to ameliorate the effects of displacement. This Article analyzes an alternative …
Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf
Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf
Fordham Urban Law Journal
“Half a century ago, in the Housing Act of 1949, Congress declared optimistically that every American should have access to safe, decent, affordable housing.3 In an effort to realize that ambitious objective, federal lawmakers have devised and bureaucrats have implemented a wide array of housing schemes. One commentator has provided nine categories for what he deems the ‘bewildering variety of housing-related programs:’ 1. a federally regulated mortgage finance system; 2. mortgage insurance; 3. interest rate subsidies to home owners, developers, and landlords; 4. tax deductions for mortgage interest; 5. special depreciation allowances for rental housing; 6. low-rent public housing; 7. …
Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf
Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf
Fordham Urban Law Journal
“Half a century ago, in the Housing Act of 1949, Congress declared optimistically that every American should have access to safe, decent, affordable housing.3 In an effort to realize that ambitious objective, federal lawmakers have devised and bureaucrats have implemented a wide array of housing schemes. One commentator has provided nine categories for what he deems the ‘bewildering variety of housing-related programs:’ 1. a federally regulated mortgage finance system; 2. mortgage insurance; 3. interest rate subsidies to home owners, developers, and landlords; 4. tax deductions for mortgage interest; 5. special depreciation allowances for rental housing; 6. low-rent public housing; 7. …
Punitive Damages In Securities Arbitration: The Tower Of Babel Revisited, Constantine N. Katsoris
Punitive Damages In Securities Arbitration: The Tower Of Babel Revisited, Constantine N. Katsoris
Fordham Urban Law Journal
This article explores when and how punitive damages should be applied in securities arbitration. It briefly outlines the nature of punitive damages and traces the background of securities arbitration. It then proceeds to explore whether punitive damages, in any form permitted in courtroom litigation, should be available for use as a remedy by non-judicial arbitrators sitting in consensual forums involving securities disputes.
A Piece In The Puzzle Of Providing Adequate Housing: Court Effectiveness In Code Enforcement, Sarah H. Ramsey, Fredrick Zolna
A Piece In The Puzzle Of Providing Adequate Housing: Court Effectiveness In Code Enforcement, Sarah H. Ramsey, Fredrick Zolna
Fordham Urban Law Journal
This article provides an overview of the general characteristics of the City of Syracuse, and the efforts of the City to improve housing and its code enforcement system. This overview is designed to relate the Syracuse model to other urban areas that face similar housing problems and share many of the City's demographic attributes. This article proceeds to set out the research methodology and findings of an empirical study of Syracuse's court system. Finally, this article addresses the problems in measuring court effectiveness in code enforcement. This article emphasizes the limits on a court in effecting social changes and suggests …
Tax Increment Financing: A Potential Redevelopment Financing Mechanism For New York Municipalities, Gary P. Winter
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
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
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
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
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
"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
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 …