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Full-Text Articles in Law
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.
A Tale Of Three Northern Manhattan Communities: Case Studies Of Political Empowerment In The Planning And Developing Process, Richard C. Bass, Cuz Potter
A Tale Of Three Northern Manhattan Communities: Case Studies Of Political Empowerment In The Planning And Developing Process, Richard C. Bass, Cuz Potter
Fordham Urban Law Journal
This article reviews three development proposals in Northern Manhattan communities, how community boards responded to those proposals, and how the responses affected the outcome of each development. The article begins with a broad overview of the history of community boards' role in urban planning in New York City. It finds that boards have become increasingly influential in new development plans, empowering the communities they represent. The Article goes on to analyze three recent proposals in turn (an expansion of Columbia University in Morningside Heights, a residential development in Central Harlem, and a comprehensive rezoning of East Harlem) according to "zoning," …
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
Fordham Urban Law Journal
Beginning from the premise that 1998 saw an increase in the number of land-use ethics cases, this Article describes the issues and problems that relate to ethics in land-use cases by breaking them into four separate categories: conflicts of interest, compatibility of office, bias and prejudgment, and miscellaneous. The conflicts of interest section describes cases involving financial gain for oneself, a family member or a business associate. The compatibility of office section describes situations where a person holds multiple public offices and the conflicts in duty that might arise. The bias and prejudgment section describes situations where a person's predetermined …
Takings Law And The Regulatory State: A Response To R.S. Radford, William Michael Treanor
Takings Law And The Regulatory State: A Response To R.S. Radford, William Michael Treanor
Fordham Urban Law Journal
In the Winter 1994 issue of the Fordham Urban Law Journal, R.S. Radford reviewed Dennis Coyle's book "Property Rights and the Constitution." Radford's theory relies on the idea that property rights deserve greater constitutional protection than they have received in the 60 years since the Supreme Court accepted the legitimacy of the regulatory state. This article reviews Radford's interpretation and criticism of Coyle's theory, analyzes Radford's theories in light of recent cases, and discussed the constitutional implications of Radford's analysis and how they relate to the economic regulations that they empower.
Fighting Municipal "Tag-Team": The Federal Fair Housing Amendments Act And Its Use In Obtaining Access To Housing For Persons With Disabilities, Robert L. Schonfeld, Seth P. Stein
Fighting Municipal "Tag-Team": The Federal Fair Housing Amendments Act And Its Use In Obtaining Access To Housing For Persons With Disabilities, Robert L. Schonfeld, Seth P. Stein
Fordham Urban Law Journal
This Article examines the impact of the Fair Housing Amendments Act (FHAA) on prohibiting housing discrimination against persons on the basis of their disabilities, and analyzes the court decisions interpreting the FHAA on questions of land use to determine whether they are consistent with the stated intentions of the drafters of the Amendments. Part I traces the legislative intent behind the FHAA and, specifically, the sections of the Amendments enjoining housing discrimination against persons with handicaps. Part I also analyzes the court decisions interpreting the Amendments’ requirements as to what facts must be demonstrated to prove discrimination. This Part of …
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 …
New York City Zoning -- 1961-1991: Turning Back The Clock -- But With An Up-To-The-Minute Social Agenda, Norman Marcus, Esq.
New York City Zoning -- 1961-1991: Turning Back The Clock -- But With An Up-To-The-Minute Social Agenda, Norman Marcus, Esq.
Fordham Urban Law Journal
Since the last update over 30 years ago, there is a need to once again change our zoning laws. Over the years, societal concerns and priorities have fluctuated with the times and, as a result, exceptions have been made to the zoning regulations which reflect these changing social interests. The result is a Zoning Resolution which stands at 806 pages (and still counting). It is an ad-hoc, convoluted, chaotic non-plan for the City, held together by binders rather than a common vision. This essay examines the zoning history of New York City and concludes that a new Comprehensive Reassessment, which …
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 …
Regulatory Taking: A Contract Approach, Ross B. Lipsker, Rebecca L. Heldt
Regulatory Taking: A Contract Approach, Ross B. Lipsker, Rebecca L. Heldt
Fordham Urban Law Journal
This Article begins by defining the parameters of the fifth amendment's taking clause. The Article then reviews the various tests used in determining whether governmental action constitutes a taking, and discusses the recent Supreme Court decisions within the framework of case law as it has evolved since the Court's 1922 landmark decision, Pennsylvania Coal Co. v. Mahon. Finally, the Article suggests a formula based on well-established contract principles for analyzing the impact of land use regulation on private property interests.
Book Reviews, Judith T. Younger, Joseph R. Crowley
Book Reviews, Judith T. Younger, Joseph R. Crowley
Fordham Urban Law Journal
Urban Planning and Land Development Control Law. By Donald Hagman. This book seeks to "distill, summarize and state textually the wisdom on planning and development control law collected" and serves as a supplement to Mr. Hagman's casebook. The reviewer criticizes the book for not more fully addressing zoning issues and the related problem of population concentration and dispersion as evidenced in the Golden v. Planning Board case. Public Workers and Public Unions. Edited by Sam Zagoria. This book brings together divergent views on on the growth of unions and other employee organizations, the impacts ad legal issues presented by collective …