State and Local Government Law Commons^™

Obesity Regulation Under Home Rule: An Argument That Regulation By Local Governments Is Superior To Administrative Agencies, Patrick M. Steel

Cardozo Law Review

No abstract provided.

Collective Bargaining In Rent Stabilized Buildings: How New York City's Rent Regulated Market Can Benefit From The Fundamentals Of Labor Law, Stephanie Gorin

Cardozo Journal of Conflict Resolution

There is an evident imbalance of power between the two parties, which is often exasperated by the costs, timing and intimidation of Housing Court. This Note will seek to explore how a "tenant group" should be formed. Although many tenants living in rent-regulated buildings are surrounded by fellow tenants in similar circumstances, many other rent regulated tenants are the sole tenant remaining in their building, still under the auspices of rent regulation. This Note will further seek to explore how sole rent regulated tenants can form and join tenant groups. Next, it proposes a system in which mediation, and, if …

Katherine Heigl V. Duane Reade: The Predicted Outcome And Insight Into New York Publicity Rights, Amy Delauter

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Single Payer And The Rising Cost Of Health Care, Brianna Paolicelli

Cardozo Public Law, Policy & Ethics Journal

The New York Health Act proposes a single-payer healthcare system aimed at providing universal coverage by eliminating private insurers and reducing administrative costs. The Act, persistently advocated by Assemblyman Richard Gottfried since 1992, passed the State Assembly in 2015 but faces opposition, particularly from the insurance industry and the Republican Senate. Despite challenges, the Act is supported by economic research indicating significant cost savings and improved efficiency, drawing on international successes like Canada and Taiwan. It addresses historical and contemporary healthcare issues, offering a comprehensive solution to the state's healthcare needs.

Retirement In The Land Of Lincoln: The Illinois Secure Choice Savings Program Act, Edward A. Zelinsky

Articles

In 2015, Illinois became the first state to enact a state-mandated and state-operated retirement system for private sector employers: The Illinois Secure Choice Savings Program Act. The Illinois program resembles a system approved by the California legislature—a system that has not yet been enacted since it is conditioned on an additional vote by the legislature. Illinois’ program and the one proposed in California have notable differences in that (1) the Illinois retirement accounts will qualify as individual retirement accounts (“IRAs”) under the Internal Revenue Code (“Code”); (2) the Illinois IRAs will be Roth IRAs; (3) the California program requires participation …

Private Dollars For Public Litigation: An Introduction, Anthony J. Sebok

Articles

The article argues that litigation investment—where third-party funders provide capital for lawsuits in exchange for a share of potential recoveries—should be extended to public litigation. It contends that the economic rationale for litigation investment applies equally to public entities, such as state Attorneys General, as it does to private litigants. The author highlights the funding gap in public litigation, particularly in large-scale cases against well-resourced defendants, and suggests that litigation investment could address this gap more effectively than contingent fee arrangements with private attorneys.

The Eminent Domain Path Out Of A Public Pension Crisis, Adam Riff

Cardozo Law Review

No abstract provided.

The Enforcers & The Great Recession, Mark Totten

Cardozo Law Review

No one played a more vital role responding to the worst economic crisis since the Great Depression than a small band of state attorneys general (AGs). Yet this story has never been told nor its implications considered. For more than a decade these AGs brought enforcement actions across the residential mortgage lending industry, reaching the origination, servicing, and securitization processes. From roughly 2000 to 2008, they targeted several of the largest subprime lenders for predatory and discriminatory lending. And they moved in the face of federal inaction - at times, even opposition. With the economic crisis everywhere visible by early …

Intrastate Interventions: The State Executive's Response To Local Nonenforcement, Rebecca D. Maller

Cardozo Law Review

No abstract provided.

Undocumented No More: The Power Of State Citizenship, Peter L. Markowitz

Articles

An estimated eleven million undocumented immigrants live in the United States. These individuals have become integral members of American families and vital components of the American economy. Yet repeated efforts to meaningfully reform the nation's immigration laws--to more fully integrate these individuals into American society-have failed to garner sufficient political support in Congress. The prospects for significant congressional action on immigration reform remain bleak into the foreseeable future as our nation's debate on immigration has been warped by powerful, but largely inaccurate, themes of criminality, lax border enforcement, and national security threats. These themes have been crafted and cemented in …

Should The Law Preserve Party Control? Litigation Investment, Insurance Law, And Double Standards, Anthony J. Sebok

Articles

Litigation investment, sometimes known as litigation finance, is increasingly accepted around the world. Once prohibited as champerty, litigation investment is now embraced in England, Canada, and Australia, as well as in many civil law nations. In the United States, the development of a robust market for investment in litigation has been met by various objections. One objection is that litigation investment interferes with the autonomy of lawyers. A second objection is that it promotes frivolous litigation.

This Article takes up a popular argument against litigation investment: the legal system should not encourage parties to sell their control over litigation that …

A Theory Of Local Common Law, Annie Decker

Cardozo Law Review

No abstract provided.

Lift The Scarlet Letter From Abortion, Louise Melling

Cardozo Law Review

No abstract provided.

Litigation Investment And Legal Ethics: What Are The Real Issues?, Anthony J. Sebok

Articles

One of the foundational principles of legal ethics is that the lawyer owes an obligation of undivided loyalty to the client, and no other interests or relationships can be permitted to interfere with the lawyer's exercise of independent professional judgment on behalf of the client. The strongest objections to litigation investment by third parties is that it may compromise a lawyer's independence. This article examines this objection in the context of a recent report from the Ethics Committee of the Commercial and Federal Litigation Section of the New York State Bar Association and argues that it misses the real legal …

Chapter 9 Bankruptcy In California: The Efficacy Of Mandating Alternative Dispute Resolution In Municipal Bankruptcy Filings, Michael Galen

Cardozo Journal of Conflict Resolution

The subject of this Note is of importance to ADR practitioners: the incorporation of ADR into a new state law can mitigate a heated legal struggle involving state and federal law, while balancing the competing interests of powerful parties like local governments and large unions. This subject demonstrates the efficacy of ADR as applicable to bankruptcy law, a realm with which many ADR practitioners may be unfamiliar. This Note's case study focuses solely on California law and cases because California stands alone in its approach of mandating ADR as a precondition to a municipal bankruptcy filing. Since all states have …

Art Or Signage?: The Regulation Of Outdoor Murals And The First Amendment, Christina Chloe Orlando

Cardozo Law Review

No abstract provided.

Managing Fractions: The Role Of Local Government In Regulating Unconventional Natural Gas Resources - Recommendations For New York, William Yukstas

Cardozo Public Law, Policy & Ethics Journal

The note examines the regulatory challenges surrounding unconventional natural gas extraction, particularly hydraulic fracturing, focusing on the conflict between state and local authority. It argues that local governments should retain zoning power to regulate or ban drilling, as they bear the primary costs and have the capacity to address localized impacts. The analysis highlights the contrasting approaches of Pennsylvania and New York, with Pennsylvania initially attempting to preempt local zoning laws through Act 13, which was later deemed unconstitutional, while New York maintains a de facto moratorium and considers stricter regulations. The author advocates for empowering localities to negotiate Community …

Distorted And Diminished Tort Claims For Women, Jamie R. Abrams

Cardozo Law Review

Childbirth is distinctly characterized in tort law by the literal emergence of a potential putative plaintiff. This Article seeks to position the birthing woman - distinct from the pregnant woman or the parent - squarely within the negligence framework and, in doing so, to challenge prevailing assumptions dominating obstetric medical decision-making. The existence of two patients and two putative plaintiffs is unique to childbirth, yet largely unexamined in tort. This Article examines how the dominant focus on fetal harms in modern childbirth overshadows the birthing woman in tort and distorts the normative dualities of childbirth.

While theoretically childbirth falls within …

Municipal Securities: The Crisis Of State And Local Government Indebtedness, Systemic Costs Of Low Default Rates, And Opportunities For Reform, Christine Sgarlata Chung

Cardozo Law Review

No abstract provided.

California Dreaming: The California Secure Choice Retirement Savings Trust Act, Edward A. Zelinsky

Articles

Half of American workers are not covered by employer-sponsored retirement arrangements. The recently passed California Secure Choice Retirement Savings Trust Act seeks to solve this problem by mandating retirement savings arrangements for California employers, coupled with a public investment vehicle for investing these private retirement savings. The Act is important because of California’s size and status as a trendsetter for other states.

This Article is the first to examine the important legal questions the Act raises under the Internal Revenue Code and ERISA. Contrary to the drafters’ intent, the savings accounts authorized under the Act do not qualify as individual …

Ensuring Remedies To Cure Cramming, Amy J. Schmitz

Cardozo Journal of Conflict Resolution

On July 23, 2012, the Federal Trade Commission ("FTC") called wireless telephone bill cramming "a significant consumer problem," and both the FTC and Federal Communications Commission ("FCC") have been delving into the morass of concerns regarding cramming with respect to landline (or wired) telephone billing. "Cramming" occurs when a third party unaffiliated with a customer's telephone company adds charges to the telephone bills that the company sends to the customer. These charges can be for anything from horoscopes to long-distance telephone services.

The Eye-Roll Heard 'Round The World: Protecting Citizens' Free Speech And Petition Rights In Accessing Local Government, Sarah Klaper

Cardozo Public Law, Policy & Ethics Journal

The article argues that local governments should not restrict citizens' non-verbal expressions, such as eye-rolling, during public meetings unless there is a compelling reason. It emphasizes that such restrictions must be viewpoint-neutral and narrowly tailored to maintain the balance between order and First Amendment rights.

New York Tax Warrants: In The Strange World Of Deemed Judgments, David G. Carlson

Articles

No abstract provided.

State Attorneys General's Use Of Concurrent Public Enforcement Authority In Federal Consumer Protection Laws, Amy Widman, Prentiss Cox

Cardozo Law Review

Recent scholarly and legislative interest in state enforcement of federal law has led to the need for an empirical understanding of how and when these enforcement powers are used. This Article reports on an examination of the use by state attorneys general of sixteen federal consumer protection laws that expressly allow for state enforcement. The data are sorted and analyzed by both single state actions and multistate actions over time, and by the involvement of federal agencies in the state cases. The data reveal a measured use of such powers by state attorneys general and robust state and federal cooperation …

Expression By Ordinance: Preemption And Proxy In Local Legislation, Lindsay Nash

Articles

Local laws based on immigration status have prompted heated national debate on federalism and discrimination. A second strain of nuisance-related legislation has emerged in recent years, which often targets these same immigrant communities. This paper examines the hitherto-unstudied correlation between ordinances explicitly related to immigrants and legislation regarding nuisance–as illuminated through primary research into municipal legislation across the nation. Evaluating these laws and the context of their enactment, this research shows when and how nuisance laws target certain populations. Ultimately, this inquiry reveals troubling parallels to previous community responses to disfavored subgroups and the harm resulting from proxy legislation.

Mrs. Tschetschot's Busted Hand, Poker, And Taxes: The Inconsistent Application Of Tax Laws On A Game Of Skill, George Remennik

Cardozo Public Law, Policy & Ethics Journal

The article argues that the U.S. tax system unfairly treats professional poker players by restricting the deduction of gambling losses under Section 165d, despite poker being increasingly recognized as a game of skill. This disparity contrasts with the treatment of other professions, which can fully deduct business expenses. The analysis calls for legislative clarification to align the tax treatment of professional poker players with that of other professionals, ensuring equitable tax outcomes.

State Regulation Of Arbitration Proceedings: Judicial Review Of Arbitration Awards By State Courts, Stephen K. Huber

Cardozo Journal of Conflict Resolution

The thesis of this Article can be stated simply and concisely: States possess the power to adopt standards for the conduct of arbitration proceedings and review of arbitration awards that are significantly different from federal law standards. The major objective of this Article is to explore the most important possibilities for reform of arbitration law and practice at the state level. State law standards will be of increasing importance in the reformation of arbitration practice. This Article focuses on the standards of review of arbitration awards employed by state courts, because the power to vacate an arbitration award is the …

Bad Medicine: On Disciplining Physician Felons, Milton Heumann, Brian Pinaire, Simon Burger

Cardozo Journal of Conflict Resolution

Perhaps it is the white coat or the degrees encased and mounted on the wall. Perhaps it is the Hippocratic Oath that new physicians recite and that established physicians have putatively internalized over time, or perhaps it is the title, "Doctor," which conjures up images of a stethoscope, a black bag, house calls, nurture, and trust. When we are sick, we head to the doctor. Young children are urged to become doctors. When we watch television or go to the movies doctors are, with certain recent exceptions, portrayed in a positive light as compared to lawyers or politicians. In this …

Haste Makes E-Waste: A Comparative Analysis Of How The United States Should Approach The Growing E-Waste Threat, Phoenix Pak

Cardozo Journal of International and Comparative Law

The note examines the global e-waste crisis, focusing on the regulatory frameworks in the European Union, United States, and Japan. It critiques the effectiveness of Extended Producer Responsibility (EPR) models and highlights the challenges of enforcing e-waste policies across jurisdictions. The author argues for a balanced approach in U.S. policy, combining elements of the EU’s EPR framework with considerations for domestic and international implications to address the environmental and health risks posed by e-waste.

Resolving The Presidential Signing Statement Controversy: New York State As A Separation Of Powers Laboratory, Kristien G. Knapp

Cardozo Public Law, Policy & Ethics Journal

The note examines the controversy surrounding presidential signing statements and their constitutional implications, comparing them to New York's gubernatorial approval memoranda. It argues that while presidential signing statements, particularly those of constitutional nature, raise concerns about separation of powers and legislative intent, New York's approval memoranda are widely accepted as a legitimate tool for clarifying legislation. The analysis highlights structural and functional differences between federal and state systems, suggesting that state-level practices could offer insights into resolving the federal controversy over signing statements.