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Articles 121 - 145 of 145
Full-Text Articles in State and Local Government Law
The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky
The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky
Articles
No abstract provided.
A Comparative Analysis Of Internal Controls On The Transfer Of Waste Within The E.U. And U.S., Christopher J. Foreman
A Comparative Analysis Of Internal Controls On The Transfer Of Waste Within The E.U. And U.S., Christopher J. Foreman
Cardozo Journal of International and Comparative Law
The article examines the legal frameworks governing the interstate and international movement of waste, focusing on the tension between environmental protection and free trade. It highlights how the U.S. Supreme Court has consistently struck down state laws that discriminate against out-of-state waste under the Commerce Clause, emphasizing the need for nondiscriminatory solutions. In contrast, the European Union prioritizes environmental protection and self-sufficiency, allowing restrictions on waste movement under specific conditions. The article suggests that a more coherent framework is needed to balance these competing interests effectively.
Uncertainty In The Empire State: A Reevaluation Of New York’S Takings Jurisprudence After Dolan V. City Of Tigard, Clifford B. Olshaker
Uncertainty In The Empire State: A Reevaluation Of New York’S Takings Jurisprudence After Dolan V. City Of Tigard, Clifford B. Olshaker
Cardozo Law Review
A hallmark of American property law is the acknowledgment of the government's ability to regulate the use of private parcels of land through the zoning laws. One of the chief goals of zoning law is to prevent overdevelopment and the accompanying strain on municipal resources. A landowner seeking to make significant changes to his property must obtain a permit from the local governing body. Denial of a building permit or certificate of occupancy is the chief means for enforcing zoning regulations. If a potential developer wishes to alter his property in a way that conflicts with applicable zoning laws, he …
Ideology Between Fiction And Fantasy, Slavoj Zizek
Ideology Between Fiction And Fantasy, Slavoj Zizek
Cardozo Law Review
In his movie version of Franz Kafka's The Trial, Orson Welles accomplished an exemplary anti-obscurantist operation by way of reinterpreting the place and the function of the famous parable on "the door of the Law." In the film, we hear it twice: at the very beginning, it serves as a kind of prologue, read and accompanied by (faked) ancient engravings projected from lantern-slides; then, shortly before the end, it is told to Josef K., not by the priest (as in the novel), but by K.'s lawyer (played by Welles himself) who unexpectedly joins the priest and K. in the …
Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky
Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky
Articles
Few contemporary issues concern state and local policymakers as intensely as unfunded mandates. Mayors, county executives, city councilmen, and the professional associations representing them routinely argue that the federal and state governments have, in recent years, imposed at an accelerating rate expensive requirements on municipalities without granting corresponding funds for compliance, thereby irresponsibly straining the fiscal capacity of municipalities, hampering their ability to provide essential services, and improperly infringing upon the scope of local control. The complaints of municipal policymakers have provoked a variety of proposals for restraining unfunded mandates: obligatory disclosure of the projected costs of proposed mandates, requirements …
Rational Choice At The Office Of Legal Counsel, Nelson Lund
Rational Choice At The Office Of Legal Counsel, Nelson Lund
Cardozo Law Review
Discussions of the Attorney General's advisory function, indeed most discussions of the Attorney General's role in general, are carried out in the intellectual shadows cast by two contrasting images. At one extreme, we imagine someone like the man Edward Bates conjured when he said that "the office I hold is not properly political, but strictly legal; and it is my duty, above all other ministers of state, to uphold the law and to resist all encroachment, from whatever quarter, of mere will and power.'' At the other extreme, we think of someone like John Mitchell, who went to prison as …
Introduction, Alan Gartner
The 1990 New York City Districting Commission: Renewed Opportunity For Participation In Local Government Or Race-Based Gerrymandering?, Frank J. Macchiarola, Joseph G. Diaz
The 1990 New York City Districting Commission: Renewed Opportunity For Participation In Local Government Or Race-Based Gerrymandering?, Frank J. Macchiarola, Joseph G. Diaz
Cardozo Law Review
No abstract provided.
Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer
Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer
Cardozo Journal of Equal Rights & Social Justice
The article argues that criminalizing prostitution perpetuates the exploitation and marginalization of women, particularly those from disadvantaged backgrounds. The author advocates for decriminalization as a necessary step towards empowering sex workers, highlighting how current legal frameworks fail to protect them and instead exacerbate their vulnerability. The thesis emphasizes the need for systemic change to address the societal structures that drive women into prostitution.
A Defense Of Prostitutes' Self-Organization, Drucilla Cornell
A Defense Of Prostitutes' Self-Organization, Drucilla Cornell
Cardozo Journal of Equal Rights & Social Justice
The article advocates for the decriminalization of prostitution as a necessary step toward empowering sex workers to self-organize and improve their working conditions. Drawing on personal experiences as a union organizer in the 1970s, the author highlights the shared struggles of women workers, including prostitutes, under exploitative capitalist systems. The article emphasizes the importance of recognizing prostitutes as workers deserving of labor rights and union representation, rather than viewing them solely as victims. It critiques the exclusion of sex workers from traditional labor organizing and argues that decriminalization would enable them to collectively address their exploitation and deconstruct oppressive conditions.
The Non-Traceable 7501 Tax Trust And Bankruptcy Superpriority, Wayne Rodney
The Non-Traceable 7501 Tax Trust And Bankruptcy Superpriority, Wayne Rodney
Cardozo Law Review
No abstract provided.
Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk
Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk
Articles
The article examines the limitations of competition among municipalities in constraining the abuse of land use exactions and impact fees, arguing that while competition provides some checks, it is insufficient to prevent distortions in land markets. It critiques the Tiebout hypothesis, which assumes that intermunicipal competition leads to efficient allocation of public goods, and highlights how monopoly power in certain land uses undermines this theory. The analysis emphasizes the need for legal constraints to address the exploitation of landowners and ensure exactions align with the external costs of development.
Justice Scalia And The Commerce Clause: Reflections Of A State Tax Lawyer, Walter Hellerstein
Justice Scalia And The Commerce Clause: Reflections Of A State Tax Lawyer, Walter Hellerstein
Cardozo Law Review
No abstract provided.
Passive Communication In Public Fora: The Case For First Amendment Protection Of Newsracks, Sandra L. Cobden
Passive Communication In Public Fora: The Case For First Amendment Protection Of Newsracks, Sandra L. Cobden
Cardozo Law Review
No abstract provided.
Painting A Dark Picture: The Need For Reform Of Irs Practices And Procedures Relating To Fine Art Appraisals, Jessica L. Furey
Painting A Dark Picture: The Need For Reform Of Irs Practices And Procedures Relating To Fine Art Appraisals, Jessica L. Furey
Cardozo Arts & Entertainment Law Journal
No abstract provided.
When Will The Idling Statute Of Limitations Start Running In Rico Conspiracy Cases, Ellen Jancko-Baken
When Will The Idling Statute Of Limitations Start Running In Rico Conspiracy Cases, Ellen Jancko-Baken
Cardozo Law Review
No abstract provided.
Section 1983 And The Due Process Clause: Crossing The Constitutional Line, Linda G. Gay
Section 1983 And The Due Process Clause: Crossing The Constitutional Line, Linda G. Gay
Cardozo Law Review
No abstract provided.
Pool Coverage, Press Access, And Presidential Debates: What’S Wrong With This Picture, Wendy S. Zeligson
Pool Coverage, Press Access, And Presidential Debates: What’S Wrong With This Picture, Wendy S. Zeligson
Cardozo Law Review
No abstract provided.
Balancing The Benefits And Detriments Of Private Antitrust Enforcement: Detrebling, Antitrust Injury, Standing, And Other Proposed Solutions, David Klingsberg
Balancing The Benefits And Detriments Of Private Antitrust Enforcement: Detrebling, Antitrust Injury, Standing, And Other Proposed Solutions, David Klingsberg
Cardozo Law Review
No abstract provided.
The Tax Treatment Of Qualified Plans: A Classic Defense Of The Status Quo, Edward A. Zelinsky
The Tax Treatment Of Qualified Plans: A Classic Defense Of The Status Quo, Edward A. Zelinsky
Articles
The current tax treatment of qualified pension and profit sharing plans has been criticized by commentators as an unfair and expensive tax expenditure. In this Article, Professor Zelinsky challenges this characterization and defends the current treatment of qualified plans on the ground that it is at least as attractive as its alternatives and superior to many of them. After evaluating the current treatment and the alternatives under the criteria of measurability, administrability, liquidity, equity, and simplicity, Professor Zelinsky concludes that the present treatment of qualified plans can be viewed as an acceptable part of a normative income tax.
Indiana Federation Of Dentists: The Per Se-Rule Of Reason Continuum (And A Comment On State Action), Richard M. Steuer
Indiana Federation Of Dentists: The Per Se-Rule Of Reason Continuum (And A Comment On State Action), Richard M. Steuer
Cardozo Law Review
No abstract provided.
Old Franchises Never Die? Denying Renewal Under The First Amendment And The Cable Act, Joseph Van Eaton
Old Franchises Never Die? Denying Renewal Under The First Amendment And The Cable Act, Joseph Van Eaton
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Coming Full Circle On Stage Action, Richard M. Steuer
Coming Full Circle On Stage Action, Richard M. Steuer
Cardozo Law Review
No abstract provided.
The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport
The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport
Cardozo Law Review
No abstract provided.
The Noerr Doctrine And Its Sham Exception, Milton Handler, Richard A. De Sevo
The Noerr Doctrine And Its Sham Exception, Milton Handler, Richard A. De Sevo
Cardozo Law Review
No abstract provided.