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Fordham Urban Law Journal

1995

Articles 31 - 39 of 39

Full-Text Articles in Law

The Implications Of Current Welfare Reform Proposals For The Housing Assistance System, Sandra J. Newman Jan 1995

The Implications Of Current Welfare Reform Proposals For The Housing Assistance System, Sandra J. Newman

Fordham Urban Law Journal

This Essay assesses proposals to reform welfare from the perspective of effects on housing assistance. The focus is on the two welfare reform proposals that have received the most attention during late 1994 and early 1995: the Clinton Administration's Work and Responsibility Act (WRA and the Republican Party's Personal Responsibility Act (PRA). This analysis is limited to the provisions in each bill regarding time limits, eligibility restrictions, and work requirements for AFDC recipients, and estimates how the housing assistance system would be affected if these provisions were in effect today. This analysis focuses on two types of impacts: effects on …

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Note: Diamond Is The Rtc's Best Friend: Federal Preemption And The Balance Of The Term Of Rent Regulated Leases In Resolution Trust Corporation V. Diamond, Daniel N. Zinman Jan 1995

Note: Diamond Is The Rtc's Best Friend: Federal Preemption And The Balance Of The Term Of Rent Regulated Leases In Resolution Trust Corporation V. Diamond, Daniel N. Zinman

Fordham Urban Law Journal

This Note provides an overview of the New York City rent regulations and FIRREA and discusses their relevance to the Diamond decisions. Part III of this Note describes the reasons the RTC should be allowed to repudiate the tenancies, based on express and conflict preemption analyses. Part IV addresses the length of the balance of the term of a rent regulated lease. Part V concludes that the rent regulated leases may be repudiated by the RTC, that the balance of the term of a rent stabilized lease is theremaining time in the renewal period, and that more statutory guidance is …

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Note: A Procedural Approach To Limited Public Forum Cases, Lee Rudy Jan 1995

Note: A Procedural Approach To Limited Public Forum Cases, Lee Rudy

Fordham Urban Law Journal

This Note argues that the Supreme Court, beginning with Perry, has defined the limited public forum in a manner that offends the underlying policies of the First Amendment.9 Part II of this Note explains the significance of the limited public forum doctrine within First Amendment jurisprudence. Part III provides an historical overview of limited public forum cases, demonstrating that Perry relaxed limited public forum analysis by making it easier for government selectively to restrict access to public property, and that subsequent cases have had to struggle to apply Perry. Part IV criticizes Perry's reformulation of the limited public forum as …

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Note: Finger Imaging: A 21st Century Solution To Welfare Fraud At Our Fingertips, James J. Killerlane Iii Jan 1995

Note: Finger Imaging: A 21st Century Solution To Welfare Fraud At Our Fingertips, James J. Killerlane Iii

Fordham Urban Law Journal

This Note describes the finger imaging process and summarizes the current New York Social Services law regarding public assistance. It also outlines the current finger imaging bill before the New York State Legislature. Part III examines and considers the two major policy arguments against the implementation of the program. Part IV outlines the legal controversy regarding finger imaging and addresses each express concern as well as constitutional issues. Part V compares New York's finger imaging legislation with similar legislation already in place in California and argues that the New York program will be as effective as California's. In conclusion, this …

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Municipal Home Rule And The Conditions Of Justifiable Secession, Joseph P. Viteritti Jan 1995

Municipal Home Rule And The Conditions Of Justifiable Secession, Joseph P. Viteritti

Fordham Urban Law Journal

This Article suggests a uniform standard by which domestic legislatures may decide current and future secession cases. Part I discusses the philosophical and legal foundations of the Home Rule principle and its relationship to secession. Part II considers secession as a political and legal concept, its underpinnings and the moral arguments on both sides of secession debates. Part III suggests a unified standard by which legislatures may consider secession attempts; and Part IV applies this standard to our prototypical Staten Island case. The article concludes that if the New York State legislature were to apply these uniform criteria to review …

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The Warning From Pittsburgh's Golden Triangle: Home Of The Steelers, The Pirates And The Amorphous Favoured Nation Clause In The Commercial Lease, Ronald J. Offenkrantz Jan 1995

The Warning From Pittsburgh's Golden Triangle: Home Of The Steelers, The Pirates And The Amorphous Favoured Nation Clause In The Commercial Lease, Ronald J. Offenkrantz

Fordham Urban Law Journal

Part I of this Article gives a brief outline of the more obvious concerns posed by the introduction of a favored nation concept in a commercial lease. Part II discusses cases involving favored nation clauses in various types of commercial contracts and illustrates the difficulty courts have had in assessing whether one contract is, in fact, more favorable than another. Part III introduces the reader to the trilogy of cases in Pittsburgh's Golden Triangle starting with the Pittsburgh Steelers and Pittsburgh Pirates litigation with the Pittsburgh Stadium Authority. This litigation gives focus to the problems posed by a favored nation …

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The Privatizing Of Public Wealth, Kary L. Moss, Esq. Jan 1995

The Privatizing Of Public Wealth, Kary L. Moss, Esq.

Fordham Urban Law Journal

This Article examines the emergence of the problem of corporate welfare, and identifies and discusses various legal solutions. It identifies state and local governments, in conjunction with unions, workers and community organizations, as the appropriate actors to reform a system which has become an abuse of public trust and the general welfare. Part I of this Article examines the emergence of the tax abuse phenomenon and documents its impact on local economies in this country. Part II discusses the legal scheme which frames the various legal strategies that have been employed by communities to challenge subsidy arrangements. Part III identifies …

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Federal Enforcement Of Civil Rights During The First Reconstruction, Robert J. Kaczorowski Jan 1995

Federal Enforcement Of Civil Rights During The First Reconstruction, Robert J. Kaczorowski

Fordham Urban Law Journal

This essay recounts the heroic efforts of federal legal officers and judges to enforce citizens' rights during the 1870s. Part I sets forth the historical events giving rise to the enforcement effort of the Grant Administration. Part II details the problems which the federal executive branch faced when it aggressively prosecuted civil rights violations. Part III details the problems which the federal judiciary faced in administering the civil rights prosecutions brought by the executive branch. Part IV details the national political problems that eventually ended effective enforcement of federal civil rights laws. This Essay concludes that, notwithstanding the problems faced …

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Note: New York City's Restrictive Zoning Of Adult Businesses: A Constitutional Analysis, Rachel Simon Jan 1995

Note: New York City's Restrictive Zoning Of Adult Businesses: A Constitutional Analysis, Rachel Simon

Fordham Urban Law Journal

Part I explores the adult pornography industry in New York City and the constitutional framework developed by both federal and New York State courts to regulate non-obscene pornographic expression. Part II analyzes the City's Adult Zoning Resolution in light of decisions of the New York State Court of Appeals, the United States Supreme Court, and various federal district and circuit courts. Part III proposes changes that will increase the probability that the City's Adult Zoning Resolution will survive constitutional challenges. This Note concludes that although the current version of the City's Adult Zoning Resolution infringes unconstitutionally on adult business owners' …

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