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Full-Text Articles in Law

Resilient Cities And The Housing Trust, Marc L. Roark, Lorna Fox O'Mahony Mar 2024

Resilient Cities And The Housing Trust, Marc L. Roark, Lorna Fox O'Mahony

Arkansas Law Review

In the 1970’s, cities across the United States faced new obstacles due to the deterioration of public infrastructure. Public housing projects that were built through federal housing initiatives were reaching the end of their lives after less than twenty years of being in service. Over the last forty years, cities in the United States have turned increasingly to housing trust funds to address the conjoined problems of the withdrawal of federal resources dedicated to affordable housing provision, and insufficient


Energy Justice And Renewable Rikers, Rebecca Bratspies Jan 2024

Energy Justice And Renewable Rikers, Rebecca Bratspies

University of Miami Law Review

Unsustainable energy practices generate the lion’s share of global carbon emissions as well as staggering levels of deadly particulate pollution. Replacing the current dirty, fossil fuel-based system with affordable, clean energy is both a human rights imperative and a climate change necessity. This transition, which has already begun, creates the opportunity to do things differently. By confronting the structural racism embedded in existing energy structures, we can build a just transition rather than just a transition. This Article uses New York City’s Renewable Rikers project as a case study to explore how we might take advantage of the intersections between …


Retroactive Application And Its Setbacks To Addressing Housing Concerns In New York City: An Analysis Of The Regina Metro Holding And Its Implications To Part K Mci Changes Pursuant To The Hstpa, Arjana Balaj Aug 2022

Retroactive Application And Its Setbacks To Addressing Housing Concerns In New York City: An Analysis Of The Regina Metro Holding And Its Implications To Part K Mci Changes Pursuant To The Hstpa, Arjana Balaj

Pace Law Review

No abstract provided.


New York State And New York City Must Take Drastic Measures To Increase All New Yorkers’ Access To Quality Greenspaces, Ben Handy Apr 2022

New York State And New York City Must Take Drastic Measures To Increase All New Yorkers’ Access To Quality Greenspaces, Ben Handy

Journal of Civil Rights and Economic Development

(Excerpt)

Consistently, elected and appointed city government officials around the United States, despite recognizing how important parks are to cities, have expressed that they would cut park funding before other essential services when a city’s budget is limited. For example, New York City’s Department of Parks and Recreation (“Parks Department” or “Department”) has seen extreme budget limits. The Parks Department’s limited budget means that most communities do not receive the financial support needed to maintain their local parks. Historically, this has impacted lower-income areas more severely because these areas generally receive less public and private funding for parks, leading to …


Equal Protection Under Algorithms: A New Statistical And Legal Framework, Crystal S. Yang, Will Dobbie Nov 2020

Equal Protection Under Algorithms: A New Statistical And Legal Framework, Crystal S. Yang, Will Dobbie

Michigan Law Review

In this Article, we provide a new statistical and legal framework to understand the legality and fairness of predictive algorithms under the Equal Protection Clause. We begin by reviewing the main legal concerns regarding the use of protected characteristics such as race and the correlates of protected characteristics such as criminal history. The use of race and nonrace correlates in predictive algorithms generates direct and proxy effects of race, respectively, that can lead to racial disparities that many view as unwarranted and discriminatory. These effects have led to the mainstream legal consensus that the use of race and nonrace correlates …


Uber And The Need For Particularized Regulation, Kayla Marie Heckman Sep 2020

Uber And The Need For Particularized Regulation, Kayla Marie Heckman

University of Miami Business Law Review

With technology constantly evolving, the law must evolve with it. Uber Technologies, Inc. (“Uber”) has transformed the transportation industry by making transportation readily available with the touch of a button on one’s mobile phone. Uber is now one of the leading companies in transportation and operates worldwide. While this expansion has been great for consumers, it has come with significant drawbacks and challenges. Uber threatens the taxi industry, the cities in which it operates, and even its own drivers. This Note will discuss how Uber’s rapid growth is disrupting transportation in major cities quicker than its impact can properly be …


Jewish Lawyers And The U.S. Legal Profession: The End Of The Affair?, Eli Wald Jan 2020

Jewish Lawyers And The U.S. Legal Profession: The End Of The Affair?, Eli Wald

Touro Law Review

No abstract provided.


New York City Property Taxes And Appeals: A Systemic Subversion Of Constitutional Rights, Phoenix Marino Jan 2020

New York City Property Taxes And Appeals: A Systemic Subversion Of Constitutional Rights, Phoenix Marino

NYLS Law Review

No abstract provided.


Home Rule In New York: The Need For A Change, Michael A. Cardozo, Zachary W. Klinger Oct 2017

Home Rule In New York: The Need For A Change, Michael A. Cardozo, Zachary W. Klinger

Pace Law Review

This article is intended to provide a practical lens into how Home Rule issues unfold in complex matters involving the City, and to suggest how a much-needed Home Rule constitutional amendment could re-shape or, at the very least, clarify Home Rule standards. Section II will provide some historical and legal background on Home Rule; Section III will analyze some of the more well-known Home Rule cases that the Law Department litigated during the Bloomberg Administration; and Section IV will discuss insights gleaned with respect to, and will offer several recommendations for, the future of Home Rule in New York.


Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi, Sara Amri Jan 2017

Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi, Sara Amri

Journal of Law and Policy

Low-income New Yorkers rely heavily on public transportation to travel around the city. However, riding the New York City subway system is becoming increasingly unaffordable. New York City’s Metropolitan Transit Authority (MTA) has set forth plans to implement semiannual fare increases. No alleviation has been provided, however, to New Yorkers living at or below the federal poverty level, despite the discounts provided to other groups regardless of their income. The inability to travel can have a devastating impact on the upward mobility of poor New Yorkers, and, alarmingly, fare increases appear to have a disparate impact on low-income people of …


Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi, Sara Amri Jan 2017

Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi, Sara Amri

Journal of Law and Policy

Low-income New Yorkers rely heavily on public transportation to travel around the city. However, riding the New York City subway system is becoming increasingly unaffordable. New York City’s Metropolitan Transit Authority (MTA) has set forth plans to implement semiannual fare increases. No alleviation has been provided, however, to New Yorkers living at or below the federal poverty level, despite the discounts provided to other groups regardless of their income. The inability to travel can have a devastating impact on the upward mobility of poor New Yorkers, and, alarmingly, fare increases appear to have a disparate impact on low-income people of …


The Place Of Policy In International Law, Oscar Schachter Apr 2016

The Place Of Policy In International Law, Oscar Schachter

Georgia Journal of International & Comparative Law

No abstract provided.


Varying The Variance: How New York City Can Solve Its Housing Crisis And Optimize Land Use To Serve The Public Interest, Nathan T. Boone Jan 2016

Varying The Variance: How New York City Can Solve Its Housing Crisis And Optimize Land Use To Serve The Public Interest, Nathan T. Boone

Brooklyn Law Review

As Millennials repopulate American cities and seek jobs in creative industries, housing affordability has risen to the forefront of urban policy battles. Major conflicts exist between homeowners, renters, municipal governments, and growing industries regarding the proper way to grapple with an influx of new capital, both financial and human. New York City is a prime example of this problem. Housing cost increases have exceeded income increases, leaving a large percentage of New Yorkers “rent burdened.” This note seeks to examine a likely cause of the present problem: zoning and variance systems that limit the ability of private land owners to …


Alternative Funding For An Equitable Park System In New York City And State, Christopher Rizzo Oct 2015

Alternative Funding For An Equitable Park System In New York City And State, Christopher Rizzo

Pace Environmental Law Review

Private efforts have successfully transformed a select few parks, which has created allegations of park inequity at a time when many neighborhood parks are overgrown and understaffed. Public-private partnerships reflect a national debate about the proper role of the private sector in maintaining parks, highways, bridges, and other essential civic infrastructure. But for most neighborhood parks the debate is irrelevant. They completely lack access to either adequate public funding or private revenue. One-time infusions of public capital dollars into the neediest parks cannot solve the ongoing operation and maintenance problem.

This paper identifies an array of alternative revenue strategies to …


Access Denied: The Tale Of Two Tenants And Building Amenities, Lauren C. Wittlin Jul 2015

Access Denied: The Tale Of Two Tenants And Building Amenities, Lauren C. Wittlin

Touro Law Review

No abstract provided.


Billy Joel: The Chronicler Of The Suburbanization In New York, Patricia E. Salkin, Irene Crisci Jan 2015

Billy Joel: The Chronicler Of The Suburbanization In New York, Patricia E. Salkin, Irene Crisci

Touro Law Review

Artists often chronicle historical developments through their chosen medium. In the case of Billy Joel, some of his lyrics can be traced to the early sustainability movements as he wrote about the migration of people from the cities and the attendant problems with rapid suburbanization. Described by Tony Bennett as “a poet, a performer, a philosopher and today’s American songbook,” his lyrics address, among other topics, land use, community development, and environmental issues. Following World War II, there was a major shift in population settlement patterns in the United States. As war heroes returned home, not only did the country …


Court Of Appeals Of New York, Local Government Assistance Corp. V. Sales Tax Asset Receivable Corp., Hannah Abrams Dec 2014

Court Of Appeals Of New York, Local Government Assistance Corp. V. Sales Tax Asset Receivable Corp., Hannah Abrams

Touro Law Review

No abstract provided.


Appellate Division, First Department, For The People Theatres Of New York, Inc. V. City Of New York, Daphne Vlcek Nov 2014

Appellate Division, First Department, For The People Theatres Of New York, Inc. V. City Of New York, Daphne Vlcek

Touro Law Review

No abstract provided.


Fighting Dirty Sidewalk Tickets In New York City, Sean Roman Strockyj Jun 2014

Fighting Dirty Sidewalk Tickets In New York City, Sean Roman Strockyj

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Semi-Wonderful Town, Semi-Wonderful State: Bill Nelson's New York, Edward A. Purcell Jr. Jun 2014

Semi-Wonderful Town, Semi-Wonderful State: Bill Nelson's New York, Edward A. Purcell Jr.

Chicago-Kent Law Review

This article examines Bill Nelson’s two major books on the history of New York law and politics, The Legalist Reformation (2001) and Fighting for the City (2008). The former deals with developments in New York State from the late nineteenth to the late twentieth century; the latter with New York City starting somewhat earlier but concentrating on the same later period. The Legalist Reformation argues that the election of Alfred E. Smith as Governor of New York in 1922 began a transformation of the state’s legal and political culture that brought new and more egalitarian social policies to the state …


Supreme Court Of New York Appellate Division, First Department - Street Vendor Project V. City Of New York, Sarah Marx May 2014

Supreme Court Of New York Appellate Division, First Department - Street Vendor Project V. City Of New York, Sarah Marx

Touro Law Review

No abstract provided.


Panel Discussion: International, National, And Local Perspectives On Civil Right To Counsel, Andrew Scherer, Martha F. Davis, Debra Gardner, Rosie Mendez, Juanita B. Newton, Adriene Holder, Laura K. Abel Apr 2013

Panel Discussion: International, National, And Local Perspectives On Civil Right To Counsel, Andrew Scherer, Martha F. Davis, Debra Gardner, Rosie Mendez, Juanita B. Newton, Adriene Holder, Laura K. Abel

Touro Law Review

The following is based on a transcript of a panel discussion which took place at An Obvious Truth: Creating an Action Blueprint for a Civil Right to Counsel in New York State, held at Touro Law Center, Central Islip, New York, in March, 2008.


Mexicans In New York City, Luis F. Nuno Jan 2013

Mexicans In New York City, Luis F. Nuno

Societies Without Borders

New York City witnessed a substantial growth of Mexican immigration in the postCold War Era. This paper reviews the research literature on these changes across the urban landscape in light of the sociology of human rights in the contemporary era criminalizing migration. The number of births to Mexican mothers in New York City’s hospitals between 1985-2006 documents a near ten times growth in the number of Mexican American babies born in New York City for the twenty-year period between 1985-2005. Additionally, ethnographic data examine the lived experiences of Mexican immigrants in New York City during this era. The research offers …


Revisionists’ History: A Foreword, Anthony W. Crowell Jan 2013

Revisionists’ History: A Foreword, Anthony W. Crowell

NYLS Law Review

No abstract provided.


“The Lady Of The House” Vs. A Man With A Gun: Applying Kyllo To Gun-Scanning Technology, Sean K. Driscoll Jan 2013

“The Lady Of The House” Vs. A Man With A Gun: Applying Kyllo To Gun-Scanning Technology, Sean K. Driscoll

Catholic University Law Review

No abstract provided.


A Failure Of The Fourth Amendment & Equal Protection's Promise: How The Equal Protection Clause Can Change Discriminatory Stop And Frisk Policies, Brando Simeo Starkey Sep 2012

A Failure Of The Fourth Amendment & Equal Protection's Promise: How The Equal Protection Clause Can Change Discriminatory Stop And Frisk Policies, Brando Simeo Starkey

Michigan Journal of Race and Law

Terry v. Ohio changed everything. Before Terry, Fourth Amendment law was settled. The Fourth Amendment had long required that police officers have probable cause in order to conduct Fourth Amendment invasions; to administer a "reasonable" search and seizure, the state needed probable cause. But in 1968, the Warren Court, despite its liberal reputation, lowered the standard police officers had to meet to conduct a certain type of search: the so-called "'stop' and 'frisk.'" A "stop and frisk" occurs when a police officer, believing a suspect is armed and crime is afoot, stops the suspect, conducts an interrogation, and pats him …


Turn-Coat Disclosure: The Importance Of Following Procedure - Turturro V. City Of New York, Brittany A. Fiorenza Aug 2012

Turn-Coat Disclosure: The Importance Of Following Procedure - Turturro V. City Of New York, Brittany A. Fiorenza

Touro Law Review

No abstract provided.


No Cause Of Action: Video Surveillance In New York City, Olivia J. Greer Jan 2012

No Cause Of Action: Video Surveillance In New York City, Olivia J. Greer

Michigan Telecommunications & Technology Law Review

In 2010, New York City Police Commissioner Raymond Kelly announced a new network of video surveillance in the City. The new network would be able to prevent future terrorist attacks by identifying suspicious behavior before catastrophic events could take place. Kelly told reporters, "If we're looking for a person in a red jacket, we can call up all the red jackets filmed in the last 30 days," and "[w]e're beginning to use software that can identify suspicious objects or behaviors." Gothamist later made a witticism of Kelly's statement, remarking, "Note to terrorists: red jackets are not a good look for …


The Aftermath Of 9/11: Reflections Of Michael A. Cardozo, Michael A. Cardozo Jan 2012

The Aftermath Of 9/11: Reflections Of Michael A. Cardozo, Michael A. Cardozo

NYLS Law Review

No abstract provided.


The September 11th Victim Compensation Fund Of 2001: Policy And Precedent, Kenneth R. Feinberg Jan 2012

The September 11th Victim Compensation Fund Of 2001: Policy And Precedent, Kenneth R. Feinberg

NYLS Law Review

No abstract provided.