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Fordham Law School

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Articles 121 - 132 of 132

Full-Text Articles in State and Local Government Law

Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski Jan 1986

Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski

Faculty Scholarship

The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …

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The Constitutionality Of State And Local Governments' Response To Apartheid: Divestment Legislation, Christine Walsh Jan 1985

The Constitutionality Of State And Local Governments' Response To Apartheid: Divestment Legislation, Christine Walsh

Fordham Urban Law Journal

In response to the realities of apartheid South Africa, many state legislatures promulgated divestment legislation, which mandates the withdrawal of public funds and/or public pension funds from corporations and financial institutions that do business in or with South Africa. This Note discusses state and local governmental such legislation. It then analyzes the constitutional difficulties posed by legislation in the areas of foreign affairs and interstate and foreign commerce. This Note concludes by considering alternatives to the state and local legislation and urges the adoption of federal measures to restrict United States investment in South Africa.

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New York City's Locally Based Enterprise Set-Aside: Legitimate Exercise Of Mayoral Power Or Unconstitutional Quota In Disguise? , Stephen L. Weinstein Jan 1984

New York City's Locally Based Enterprise Set-Aside: Legitimate Exercise Of Mayoral Power Or Unconstitutional Quota In Disguise? , Stephen L. Weinstein

Fordham Urban Law Journal

Within the realm of affirmative action, there is disagreement on the means selected to reach the ultimate goal. For example, some programs have involved preferential treatment for members of disadvantaged groups at the expense of those individuals who are not in the minority. Such programs have been challenged on equal protection grounds as "reverse discrimination." In New York City, mayors have implemented executive orders prescribing minority hiring goals and other preferential treatment. Order No. 71, for example, conditioned the awarding of city construction contracts upon submission by the bidder of an affirmative action program. Executive Order No. 53 attempted to …

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"Green River Ordinances": Where Does The Burden Belong?, Osborne M. Reynolds, Jr. Jan 1983

"Green River Ordinances": Where Does The Burden Belong?, Osborne M. Reynolds, Jr.

Fordham Urban Law Journal

Over the years, many communities have attempted to restrict door-to-door salespersons. Green River Ordinance is a term derived from an ordinance adopted in Green River, Wyoming, in November, 1931. The measure declared the practice of going in or upon private residences for the purpose of peddling, or soliciting orders for the sale of goods without prior consent of the owners or occupants of the residence a nuisance and subjected such activities to criminal penalties. The popularity of, and controversy over, these ordinances continue to this day.

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On Reconciling Finances And Democracy In New York City, Jerome R. Bidinger Jan 1980

On Reconciling Finances And Democracy In New York City, Jerome R. Bidinger

Fordham Urban Law Journal

This article is a book review of "The Streets Were Paved With Gold" authored by Ken Auletta. The book covers New York City's financial difficulties in the 70's and warns that the crisis still exists. While the review is generally positive, it does note the book's failure to analyze some of the deeper reasons behind the financial crisis. The article also calls for further decentralization of the political process and the establishment of new forms of citizen participation in decision making which would lead to a more viable economy.

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Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr. Jan 1977

Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr.

Fordham Urban Law Journal

In an effort to prevent the spread of businesses specializing in adult entertainment, many cities have utilized zoning ordinances to combat problems in certain neighborhoods. New York City, Boston, and Detroit all have instituted such restrictions. This Note will consider whether the zoning of businesses specializing in adult entertainment is a legitimate exercise of the state's police power, analyzing its potential as a violation of the first amendment and the equal protection clause of the fourteenth amendment. In addition, the Note will examine the validity of using the twenty-first amendment to regulate adult entertainment businesses that serve alcoholic beverages.

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Case Note: Constitutional Law - Due Process - Municipal Towing Ordinance Authorizing The Assessment Of Towing Fees And Storage Charges Without Notice And Opportunity For Hearing Violates Due Process, Laurie S. Schaffer Jan 1977

Case Note: Constitutional Law - Due Process - Municipal Towing Ordinance Authorizing The Assessment Of Towing Fees And Storage Charges Without Notice And Opportunity For Hearing Violates Due Process, Laurie S. Schaffer

Fordham Urban Law Journal

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The Recodified New York Election Law: A Small Step In The Right Direction, John J. Keohane, Michael A. Vaccari Jan 1977

The Recodified New York Election Law: A Small Step In The Right Direction, John J. Keohane, Michael A. Vaccari

Fordham Urban Law Journal

During the 1976 national and local election campaigns, the New York State Election Law and its "Byzantine" procedures came under withering attack by both the candidates and the press. The inadequacies of the existing law had long been recognized and decried by numerous citizens groups and legislators. The first step toward much-needed substantive election law reform has been taken recently with the passage of an Election Law Recodification Act. The new law, passed under the sponsorship of Assemblyman Melvin H. Miller, Chairman of the Election Law Committee, went into effect on December 1, 1977. The Election Law Recodification is characterized …

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Note: New York - A City In Crisis: Fiscal Emergency Legislation And The Constitutional Attacks, Gayle Gutekunst-Roth Jan 1977

Note: New York - A City In Crisis: Fiscal Emergency Legislation And The Constitutional Attacks, Gayle Gutekunst-Roth

Fordham Urban Law Journal

Generous spending and, some would add, fiscal mismanagement have been a New York City tradition, putting tremendous pressures on both the City and State budgets. To forestall the deterioration of the City's financial condition and the subsequent collapse of the City itself, the New York State Legislature enacted a series of laws, many of which were feverishly incorporated into the body of State law in extraordinary session. With the creation of public authorities, the authorization of State funds to aid these authorities, and State hindrance of the payment of municipal debt service obligations, came inevitable claims in the courts that …

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Book Review: The Roots Of Urban Discontent: Public Policy, Municipal Institutions, And The Ghetto, John Muller Jan 1976

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.

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The Limits Of State Intervention In A Municipal Fiscal Crisis, Joel E. Cohen Jan 1976

The Limits Of State Intervention In A Municipal Fiscal Crisis, Joel E. Cohen

Fordham Urban Law Journal

Municipal fiscal crises are becoming more frequent, causing the tradition of local control to be questioned. The problems plaguing New York City are but one example of this nation-wide trend. In order to aid the City in overcoming its fiscal crisis, New York State has created two novel agencies, the Municipal Assistance Corporation (MAC) and the Emergency Financial Control Board. MAC's major purpose is to aid the city in meeting its financial requirements, while the Control Board's main function is to monitor the City's spending. One accomplishment of these two organizations has been the implementation of drastic austerity measures that …

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A Legal History Of Expense Budgeting In New York City, Archibald F. Robertson, Lucian A. Vecchio Jan 1975

A Legal History Of Expense Budgeting In New York City, Archibald F. Robertson, Lucian A. Vecchio

Fordham Urban Law Journal

An examination of the history of budget-making in the City of New York will show that the City has never operated from a sound, comprehensive budget system. That does not mean that the City has proceeded irresponsibly, or without regulation. Statutes to control the budget have existed in New York City since at least the beginning of the nation itself. And, most commendably, those very first statutes show a proper concern by the City for the needs of all its citizens. The difficulty has been, rather, the lack of a comprehensively drafted body of law to handle, as an integrated …

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