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, HUD'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, Selling 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:
Environment
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.
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