All Articles tagged New York City

• New York Appeals
  August 09, 2023 EDT
  THE LEGAL CASE FOR STORMWATER FEES IN NEW YORK CITY
  Nathaniel R. Mattison

  This Article demonstrates that the NYC Water Board has ample authority under existing law to institute a stormwater fee today as part of the NYC's water and sewer rate scheme.

• General
  November 20, 2022 EDT
  AMERICAN SQUATTER
  Marc L. Roark

  Different approach to the squatter’s narratives from Peñalver and Katyal and Dobbz—squatters reveal the essence of how property law articulates values embedded in social and legal treatment of land relationships.

• New York Appeals
  September 13, 2019 EDT
  THE APPELLATE DIVISION’S ADJUDICATION OF CHALLENGES TO POLITICAL PARTY NOMINATIONS IN 2018, AND ITS MEANING FOR BALLOT ACCESS IN NEW YORK
  Craig R. Bucki

  Two 2018 appellate division decisions that rejected potential candidacies on technical grounds demonstrate that more remains to be done to achieve the promise of equitable ballot access in New York.

• New York Appeals
  February 13, 2015 EDT
  CAN NEW YORK CITY GOVERN ITSELF? THE INCONGRUITY OF THE COURT OF APPEALS’ RECENT CASES REGARDING REGULATION OF NEW YORK CITY BY NEW YORK CITY
  Roberta A. KaplanJacob H. Hupart

  This article attempts to reconcile New York Court of Appeals cases concerning whether regulations limited to New York City were appropriate under the New York State Constitution.

• New York Appeals
  January 01, 2014 EDT
  NEW YORK CITY TAXIS AND THE NEW YORK STATE LEGISLATURE: WHAT IS LEFT OF THE STATE CONSTITUTION‘S HOME RULE CLAUSE AFTER THE COURT OF APPEALS DECISION IN THE HAIL ACT CASE?
  Roberta A. Kaplan

  The Court of Appeals‘ ruling in Greater N.Y. Taxi Ass‘n v. State does not bode well for the future of home rule in New York State.

• New York Appeals
  March 03, 2013 EDT
  WHITHER THE CRIMINAL COURT: CONFRONTING STOPS-AND-FRISKS
  Steven Zeidman

  The New York City Criminal Court has largely ignored Fourth Amendment issues.

• New York Appeals
  March 03, 2012 EDT
  NEW YORK TAX WARRANTS: IN THE STRANGE WORLD OF DEEMED JUDGMENTS
  David Gray CarlsonCarlton M. Smith

  This article is a first attempt at systematizing New York tax collection in a rational way.

• General
  January 01, 2011 EDT
  CARD CHECK LABOR CERTIFICATION: LESSONS FROM NEW YORK
  William A. Herbert

  This article challenges and contradicts much of the prior scholarship and debate over EFCA by examining New York’s development and administration of card check procedures.

• New York Appeals
  May 05, 2010 EDT
  LINE IN THE SAND: PROGRESSIVE LAWYERING, “MASTER COMMUNITIES,” AND A BATTLE FOR AFFORDABLE HOUSING IN NEW YORK CITY
  Raymond H. Brescia

  This article provides the context for the landlords’ campaign to deregulate Stuyvesant Town and Peter Cooper Village.

• General
  January 08, 2009 EDT
  JUDICIAL ACTIVISM IN THE SERVICE OF PRIVILEGE: NEW YORK’S FIRST DEPARTMENT MAKES SPECIAL RULES FOR SPECIAL DEFENDANTS
  Craig Gurian

  This article demonstrates that Pelton’s application of the business judgment rule was unwarranted and unsupportable and that Pelton ignored the plain language of the City Human Rights Law.

• General
  January 01, 2006 EDT
  UNWISE AND UNNECESSARY: STATUTORY CAPS ON NON-ECONOMIC DAMAGES IN MEDICAL MALPRACTICE CASES AND THE APPELLATE REVIEW ALTERNATIVE
  Ryan T. Emery

  This study concludes that after comparing the process of appellate review to a statutory cap, the former is the superior method for addressing the issue of excessive non-economic damage awards.