October 23, 2012

Vol.27, No.3, Summer1995

The Urban Lawyer,
Vol. 27, No. 3, Summer 1995

Publication Date: September 12, 1995

Symposium: City Welfare Reform

Allison L. Bergman, Introduction, 27 Urb. Law. 397 (Summer 1995).

Bennett L. Hect, Rodger L. Solomon, & C. Stephen Suprenant, H UD's Section 3: Creating Economic Opportunities for Low-Income Persons by Making a Thirty Year Old Law Work, 27 Urb. Law. 399 (Summer 1995).

This article summarizes the history of Section 3 prior to the 1992 amendment; explains the provisions of the 1992 amendment and recently enacted regulations; offers practical suggestions for how recipients of Section 3 covered funds can meet and exceed Section 3's requirements; and discusses, briefly, the ability of low-income persons, who are the intended beneficiaries of these provisions, to force grant recipients to comply with numerical hiring and contracting goals.

Jennifer L. Gilbert, S elling the City Without Selling Out: New Legislation on Development Incentives Emphasizes Accountability, 27 Urb. Law. 427 (Summer 1995).

This article explores the strategy of using legislation to make business accountable for the incentives it receives. Section II offers an overview of why such legislation is needed. Academic research indicates the incentive approach is ineffective, motivated by political concerns rather than real economic gain, and is even outmoded for the increasingly global economy. Section III examines three common strategies aside from accountability mechanisms for controlling the excesses of interjurisdictional incentive competition. Section IV summarizes the most recent strategy for controlling competition and state-level legislation adopting accountability measures. Section V uses two case studies of early attempts to employ accountability mechanisms as a starting point to evaluate the current crop of legislation. Finally, Section VI suggests how policymakers may more effectively structure current laws and begin to approach the politics of changing economic development policy.

Kirk J. Stark, City Welfare: Views from Theory, History and Practice, 27 Urban Lawyer 495 (Summer 1995).

This article discusses the divergence of the history, theory and practice of local welfare spending. Its purpose is not to explain these divergences with some new grand theory, but rather to present the different theories of the local welfare role and contrast them with current practice, focusing specifically on New Haven, Connecticut. The article is structured as follows: Part II discusses the various theories of the local welfare role. Part III turns to a discussion of the history of local welfare spending, tracing its origins from the English poor laws through the imposition of that system in the United States. Finally, Part IV turns to the practice of local welfare spending today, with particular emphasis on the role of so-called "City Welfare" in the budget of New Haven, Connecticut.

Other Articles

David S. Kupetz, Municipal Debt Adjustment Under the Bankruptcy Code, 27 Urban Lawyer 531 (Summer 1995).

Chapter 9 of the Bankruptcy Code provides a mechanism for eligible governmental entities to restructure debt. However, "[m]unicipal bankruptcy is quite unlike bankruptcy for individuals or private corporations." This article presents a detailed analysis of Chapter 9 of the Bankruptcy Code as it applies to municipalities. It describes the statutory structure of chapter 9, eligibility, commencement of a case and case administration, and the municipality's plan to adjust its debts. Extensive citations to current cases are included.

Joe Mount, Comment: Repreiving the Debt, 27 Urban Lawyer 605 (Summer 1995).

Although almost everyone agrees that annual federal deficits should be reduced and eliminated, no one agrees on how that should be accomplished. This article suggests that it would be prudent to formulate a program that would eliminate deficits over time by reversing the way in which they were accumulated. Since there are many uncertainties, this article considers whether balanced budgets and tax reductions can be achieved in more temperate and less drastic ways than by restricting essential services that are reasonably performable only by the national government or by eliminating traditional government services, thereby increasing the demands upon state governments without affording those governments a means of funding for those programs.

With Cases, Statutes, and Recent Developments covering:


Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995).

Government Operations

Pueblo of Sandia v. United States, 50 F.3d 856 (10th Cir. 1995).

Public Finance

Oklahoma Tax Commission v. Jefferson Lines, Inc., 115 S. Ct. 1331 (1995).

And Books of Note reviewing:

Common Interest Communities, Private Governments and the Public Interest,
by Stephen E. Barton & Carol J. Silverman (eds.).

The New Civil War Government Competition for Economic Development,
by Doublas J. Watson.

Wetlands: Mitigating and Regulating Development Impacts,
by David Salvesen.