Showing papers in "Fordham Urban Law Journal in 1982"

Municipal Solid Waste Regulation: An Ineffective Solution to a National Problem

Abstract: The volume of solid waste, particularly in urban areas, is increasing, and both public heath and the environment are in jeopardy because disposal methods have not kept pace. This Comment examines the historical role that municipalities have played in providing adequate methods for solid waste disposal, emphasizes the traditional methods of zoning and critiques the effectiveness of municipal regulation. It reviews recent federal and state solid waste management acts and analyzes the issue of preemption. This Comment also discusses the constitutionality of state and municipal waste bans. In conclusion, this Comment recommends more effective methods for states and municipalities to pursue in solving the problems of solid waste disposal.

Municipal Liability for Torts Committed by Volunteer Anticrime Groups

Abstract: Volunteer anticrime groups are effective in deterring crime by exercising the statutory power to effect citizen’s arrest. As a result of using this statutory authority though, the municipality may face liability, for example, where a volunteer anticrime group effected an unlawful arrest, or for use of excessive force against the arrested individual. This comment explores what a plaintiff must prove when he proceeds under various causes of action: an action under 42 U.S.C. section 1983, a state law, or a Bivens-type cause of action, in order to recover against a municipality for torts committed by anticrime volunteer groups. The Comment concludes that success in recovering against a municipal corporation may be limited to a state law tort claim by employing respondeat superior, or indicating the functional similarities between the volunteer anticrime group and the auxiliary police, in order to find municipal liability. The Supreme Court has rejected the notion of respondeat superior as a basis for municipal liability in section 1983 claims, and the courts have also hesitated in implying causes of action directly under the Constitution.

An Evaluation of New York Loft Conversion Law

Abstract: Prior to World War II, buildings of five to ten stories, called lofts, used to house small factories, dominated lower Manhattan. As these buildings were converted to residences after World War II, laws and regulations regarding conversion were enacted haphazardly. The New York state legislature is considering a bill, Article 7C, Legalization of Interim Multiple Dwellings, designed to address the inadequacies which characterize loft conversion laws. This Note analyzes the propriety of Article 7C by reviewing the evolution of New York loft conversion law. The viewpoints of tenants, landlords, and city officials are presented in separate sections. This Note concludes with a critique of Article 7C and, after advocating appropriate changes, recommends its enactment.

The Protection of Historic Resources in New York State: An Overview of Federal, State and Local Laws

Abstract: Growing recognition of the economic benefits that historic preservation can bring to a community, coupled with a more traditional belief in preservation for its own sake, has focused the attention of federal, state and local government officials on the need for historic preservation statutes. This article explores the legal means available to protect historic resources in New York. Section II discussed steps taken by the federal government, primarily in the National Historic Preservation Act of 1966, to protect historic resources from adverse impacts resulting from federal actions. Section III analyzes the New York State Historic Preservation Act of 1980, and Section IV examines local preservation ordinances found throughout New York State. The article concludes that preservation is too important a concern to be left unregulated; and that effective local ordinances, coupled with legislation at the state and national level, should help to preserve New York’s rich cultural heritage.