• A Critical Look at New Haven’s Tax-and-Tow Program: Early Benefits and Long-Term Dangers of Monopoly Service Provision in Municipal Contracting

      Sweeney, Brian (2013-05-01)
      In the spring of 2008, Crown Auto Center—along with four other New Haven towing companies—petitioned the City to investigate whether another towing operator, Anthony Monaco, had improperly gained a second spot on the police department’s towing rotation. 1 As established by New Haven’s "tow truck ordinance," the police department must rotate municipal towing assignments among eligible towers on a "reasonably fair, equitable, and nondiscriminatory basis . . . ." 2 Writing to the City, Crown and other protesting towers alleged that Mr. Monaco, already the owner of one towing outfit, Lombard Motors, had created a "new" sham business—Anthony’s High-Tech—in an illegitimate attempt to gain a second spot on the rotation and thus increase his share of the City’s towing assignments.3 Their letter to New Haven’s then-Corporation Counsel, John Ward, noted that Anthony’s was located next-door to Lombard and that Mr. Monaco remained the landlord for both properties.4
    • A dedicatory letter and its context: Beinecke MS 1154.

      Fenton, Miri (2012-05-01)
      The text is written in two different Italian scripts of the early or mid twelfth century. The first hand ceases after the first three letters of f.84r (the - dam of quodam in Liber de Vita Christiana IV.44). The first line, after -dam, and the next three lines of f.84r are blank. The second hand begins on the fourth line at the start of Liber de Vita Christiana IV.45 with ‘Filius Romanum ecclesiam’. The second hand is smaller and rounder, probably later than the first, which is more clear and consistent through the first half of the text. The layout and structure of the text, including patterns of the rubric, remains the same throughout despite this change.
    • A Study of the Housing Patterns of Yale Law School Students

      Hayakawa, Masato (1999-10-01)
      In 1948, only about one-tenth of the law students lived in what we now term the law student ghetto. By 1997, more law students lived in this neighborhood than in any other - students in this neighborhood outnumbered students living in other off-campus neighborhoods by a margin of two-to-one, and they made up a simple majority of the enrollment. This paper examines the formation of this concentration. The evidence shows that the law student ghetto did no always exist in its current form, but rather that it is a product of housing developments of the last thirty years. This paper traces these developments. I discuss the demographic make-up of the student body, the housing distribution of the students, and events in New Haven or the wider world which affected either the demographics or the distribution. Because the Yale Law School is located in New Haven, this paper also examines the relationship between New Haven and Yale University, and the intertwined history of these two communities.
    • A Walk Through West Haven: Land Use Coordination, Homeownership, and the Origins of Zoning in an American Suburb

      Dameron, Charles (2014-12-18)
      In his social history of Boston's inner suburbs, Sam Warner reminded his readers that "[t]he world is full of Roxburys and Dorchesters; places statesmen never visited. towns and counties upon whose fate no intellectual movement or nation has as yet depended.
    • Are Court Orders Responsible for the “Return to the Central City”?: The Consequence of School Finance Litigation

      Liscow, Zachary (2013-12-01)
      City living in the United States often requires paying high taxes and receiving low-quality services, partly as a result of the large number of poor residents in cities. This is the first paper to measure how much this feature of American local government affects individuals’ residential location choices. I do this by taking advantage of a natural experiment: the dramatic increase in state financing of local governments in some states’ poor cities, often due to court-ordered school finance equalization. I use the universe of over 20,000 Census-designated places to compare population growth of cities between states with large amount of redistribution to poor cities and states with little redistribution. The key threats to accurate measurement are that poor places may have grown differently from rich places in the absence of redistribution, and places in high-redistribution states may have grown differently from places in low-redistribution states. To address these concerns, I use the “differences-in-differences” econometric technique. The results show that redistribution had a large effect on population growth between 1980 and 2010, helping explain the “return to the city” in recent decades. I then do a case study on the local finances of Connecticut, which shows that the state transfers for education were used not only to increase education spending as intended, but also reduce tax rates. Since this paper shows that redistribution to poor areas mitigates the distortion to individuals’ location choices resulting from poor cities’ high tax rates and poor services, it suggests that further place-based redistribution may be not only equitable but also efficient.
    • Bivalves and Bifurcation: Public and Private Property in the Connecticut Oyster Industry

      Arnold, Zachary (2013-01-01)
      At the turn of the twentieth century, Connecticut was known for its oysters, and the men who harvested them came in two basic types. Henry Rowe was a prominent example of the first. Rowe was a prosperous business owner and the leader of Connecticut’s major oyster cultivators. His firm raised oysters on thousands of acres of seabed, to which Rowe possessed legal title. He used the latest cultivation techniques, and his employees piloted several handsome steamers on the grounds he owned – each capable of taking up hundreds of bushels of oysters a day. Captain Bob was a typical example of the second sort of oysterman.[1] Unlike Rowe, Captain Bob went to sea in a sail-powered sloop, the Broadbill, with only a few hired hands to help him haul in the dredges. Nor was Captain Bob an owner of the seabed. Instead, he worked the vast natural bed off Bridgeport, where hundreds of small boats like his competed to gather wild oysters. At the end of the day, if conditions were favorable, he might have forty bushels to show for his labor. [1] Captain Bob’s last name has been lost to the ages. He was the subject of a 1904 profile in the New York Tribune, from which I have taken this description. See Oyster Dredging: Long Island Sound Is Yielding Well This Year, N.Y. Tribune, Nov. 6, 1904, at B6 (available via ProQuest Historical Newspapers) [hereinafter Oyster Dredging].
    • Community Benefits Agreements in a Union City: How The Structure of CBAs May Result in Inefficient, Unfair Land Use Decisions

      Seigel, Steven (2013-04-01)
      Community benefits agreements (CBAs) are hailed by land use reform advocates as an effective, flexible, inclusive tool for making land use decision-making processes more responsive to traditionally underserved communities. Using the power of community organizing to gain leverage over developers as they navigate zoning and other regulatory chokepoints, CBAs allow traditionally disorganized residents and businesses to extract benefits and conditions directly from developers. This value capture process, reformists argue, helps reduce the negative impact of diffuse economic and social externalities that either cannot or will not be mitigated by the traditional land use regulatory apparatus. The reformist narrative, however, fails to account for the overriding strength of one particular subset of participating interest groups—that of organized labor—in leading the charge for community benefits. Those interests, this paper argues, often wield disproportionate power in the informal negotiations underlying the formation of a CBA, and have structured CBAs so as to avoid the preemptive effects of federal labor law. In so doing, labor’s preeminent interests may undermine the very goals of efficiency, inclusion, and equity in distribution of developers’ rents that CBAs purport to advance. This paper evaluates this claim by telling the story of one particular deal in New Haven: a CBA negotiated in advance of a public land sale to an independent charter school management organization. By analyzing the deal against both the historical development of CBAs and the normative criteria against which scholars have evaluated other land use controls, this paper aims to shed light on whether the structural incentives built into CBAs may underserve interests that the existing regulatory regime is designed to protect.
    • Community Policing in New Haven: Social Norms, Police Culture, and the Alleged Crisis of Criminal Procedure

      Van Zile, Caroline (2012-01-01)
      Nick Pastore will forever be known as one of New Haven's most colorful historical figures. The Chief of Police in New Haven from 1990 to 1997, Pastore was well-known for his outrageous comments and unusual antics. New Haven's chief proponent of community policing, Pastore referred to himself in interviews as "'an outstanding patrol officer,' a 'super crime-fighting cop,' 'a good cop with the Mafia,' [and] 'Sherlock Holmes."'1 Pastore, unlike his immediate predecessor, highly valued working with the community and advocated for a focus on reducing crime rather than increasing arrests. Pastore once informed that New York Times that in 21st century New Haven, "You're not going to spend $30,000 for one black inmate." Instead, "You're going to send him to Yale. You're going to send him to the University of New Haven.
    • Community Policing in New Haven: Social Norms, Police Culture, and the Alleged Crisis of Criminal Procedure

      Van Zile, Caroline (2011-05-03)
      Nick Pastore will forever be known as one of New Haven’s most colorful historical figures. The Chief of Police in New Haven from 1990 to 1997, Pastore was well-known for his outrageous comments and unusual antics. New Haven’s chief proponent of community policing, Pastore referred to himself in interviews as “’an outstanding patrol officer,’ a ‘super crime-fighting cop,’ ‘a good cop with the Mafia,’ [and] ‘Sherlock Holmes.’” Pastore, unlike his immediate predecessor, highly valued working with the community and advocated for a focus on reducing crime rather than increasing arrests. Pastore once informed that New York Times that in 21st century New Haven, “You're not going to spend $30,000 for one black inmate.” Instead, “You're going to send him to Yale. You're going to send him to the University of New Haven. Quality of life,” he vowed, “that's the change.” In the spirit of community outreach, Pastore was rumored to have bought pizza for an accused felon and to have embraced a murder suspect in full view of the public, much to the chagrin of his officers. In community policing circles, Pastore is considered something of an eccentric visionary; he was among the first modern police chiefs to adopt community policing methodologies. When Pastore took over the New Haven Police Department, community policing was more theoretical than practical: a hodgepodge of ideas about partnering with the community to co-produce justice that usually incorporated tools such as walking beats, block watch, and community-police councils. While at the time Pastore’s philosophy seemed innovative, paradoxically Pastore was steering the New Haven Police Department back into policing’s past. His emphasis on working with the community to increase the general welfare and reduce disorder echoes both William Blackstone’s theory that police should build upon “the rules of propriety, good neighbourhood, and good manners” and Sir Robert Peel’s charge to the police that the “ability of the police to perform their duties is dependent upon public approval of police actions.” Indeed, his efforts harken back to a time when policing was a general-service occupation covering many “miscellaneous” activities. Early American and British police, for example, not only conducted arrests, but also occasionally ran soup kitchens and offered their precincts as homeless shelters. Their job was not only to solve crime, but to prevent it; administering to poverty was seen as a key task in crime prevention.
    • Deal or No Deal: An Empirical Analysis of the Settlement Dynamics of Landlord-Tenant Disputes

      Lin, Jeffrey (2010-12-16)
      This paper seeks to combine three different strands of legal scholarship: the literature about the New Haven Housing Court, the alternative dispute resolution literature on the normative and positive dimensions of settlements, and the methodological practice known as docketology, which is the concept of mining court docket sheets for data. The focus of this paper will be on using data from the New Haven Housing Court docket sheets to empirically investigate how different factors influence the probability that a case is resolved via settlement rather than through litigation to final a judgment.
    • Diffuse Aspirations: Mixed-Income Housing in the Context of For-Profit Urban Revitalization

      Miller, Christopher (2011-05-01)
      This paper evaluates the success of mixed-income housing in the context of a for-profit development in New Haven, Connecticut. It takes as its sample the development and the tenants of The Residences at Ninth Square, a mixed-use, mixed-income apartment complex located in the center of the historic city. The early parts of the paper (Parts II-III) tell the story of the neighborhood and contextualize the study in the geography and the history of New Haven, Connecticut. Part IV describes the development in detail. Part V looks to the expectations and commitments undertaken by the developers of The Residences. Part VI recounts the threats of failure voiced by contemporary critics. Part VII evaluates the success of the project in meeting those expectations and avoiding those threatened pitfalls by considering the success of the development, both financially, and as a form of urban revitalization. Part VIII evaluates the success of the project as a mixed-income development. It looks to the purposes of mixed-income housing, articulates the need for social interaction among tenants to achieve those purposes, and empirically examines the content and relation of those social interactions.
    • Driving us Crazy: A History and Analysis of New Haven’s Personal Property Taxes

      Lyle, Noelle (2011-05-01)
      On October 7, 2003, California Governor Gray Davis became the second Governor in American history to be recalled. Multiple factors contributed to his lack of popularity, from natural disasters to record budget shortfalls in the wake of the dotcom bust, but for many the tipping point came when he declared that he would be tripling California’s motor vehicle tax to shore up the state’s budget. Most of Davis’s challengers pledged to repeal the increase. Tom McClintock, who came in third in the recall election and now serves as one of California’s Representatives, made lowering vehicle taxes the main focus of his campaign. Eventual winner Arnold Schwarzenegger made his feelings on the increase clear by dropping a wrecking ball onto a junker with the words “Davis Car Tax” spray painted onto the side. Governor Schwarzenegger reduced vehicle taxes down to their previous levels his first day in office.
    • Financing Innovation: Infrastructure Development In New Haven, 1750-1850

      Schmidt, Thomas (2010-12-17)
      The nineteenth century was a time of astonishing change in technologies of transportation. When the Constitution was ratified, to travel from New Haven to Hartford would require an arduous and uncertain trip on a rough road that could span more than a day. At the start of the twentieth century, railroads conveyed thousands of people daily along that route in a few hours, and the first automobiles were motoring over roads. The great progress in infrastructure development radically transformed the commercial, physical, and cultural landscape of America. This transformation required great mobilizations of capital and human labor, which, in turn, were dependent upon a variety of institutions: corporations, banks, courts to enforce contracts, regulatory bodies, and more. Behind the physical infrastructure of America lies a legal and institutional infrastructure which enables change even as it responds to it. This paper will explore the development of this more abstract infrastructure. Beginning in the late eighteenth century, business organizations and transactional structures progressed rapidly as they supported physical and economic development of the country. Vast mobilizations of energy and capital had to be coordinated; law served this function. Through a series of case-studies from New Haven the paper will consider the role of law in the development of the young nation.
    • Interdistrict School Choice: Clustering in Action?

      Siracusa, Benjamin (2007-05-01)
      Recent years have seen the rise of new public school options in many of America’s metropolitan areas.[1] Privately run charter schools, magnet schools that draw their attendees not only from different municipalities but also different neighborhoods, and open enrollment plans that allow children to attend school in another public school district entirely are changing the face of public education in America. The neighborhood public school, which long defined both the primary and secondary educational experience for most Americans, has become only one of many options available. [1] See Heritage Foundation, School Choice: Greater Opportunities in Education, http://www.heritage.org/research/education/schoolchoice/schoolchoice.cfm (last visited May 8, 2007) (discussing current status of school choice in each state); Heritage Foundation, School Choice: Types of School Choice, http://www.heritage.org/research/education/schoolchoice/typesofschoolchoice.cfm (last visited May 8, 2007) (detailing various forms of school choice).
    • Meaningful Community Participation in Land Use Decision Making Through Ad Hoc Procedures in New Haven, Connecticut

      Huizar, Laura (2011-05-02)
      The last few decades have seen efforts to develop community-based planning models and other mechanisms for increased community participation in the land use approval process. Community Benefits Agreements (CBAs), in particular, have risen in popularity across the nation as a tool for ensuring meaningful participation in development. Such agreements generally arise from direct negotiation between community groups and developers where community groups push to secure community benefits in exchange for support. At the same time, however, takings law doctrine may be shifting in a way that could dissuade cities from actively incorporating community groups into planning or negotiating with developers. Two Supreme Court decisions in the 1980s and 1990s, Nollan v. California Coastal Commissionand Dolan v. City of Tigard, imposed limits on how a municipality could exact benefits from a developer to guard against involuntary taking of property. In addition, states have increasingly enacted statutes curbing cities’ powers when it comes to exactions. To the extent that including community groups in negotiations between cities and developers could lead to involuntary takings claims by developers when those groups push for benefits, the shift in takings law may arguably encourage planning departments to avoid creating processes or mechanisms that actively involve community groups in this manner. Such a possibility invites analysis into how cities actually craft processes for community participation in land use decision making. This paper examines New Haven, Connecticut’s formal and informal mechanisms for community participation.
    • No Adequate Remedy at Law: Equity in Massachusetts 1692-1877

      Maloney Johnson, Phyllis (2012-01-01)
      Although Massachusetts became the leading jurisdiction for trust law in the United States across the nineteenth century, it never established a separate court resembling the High Court of Chancery in England. This Article asks how the judicial system of Massachusetts functioned without a separate court of chancery. The Article explains that Massachusetts managed by gradually integrating the distinctive elements of English equity into its common law courts. Beginning in the 1690s, the legislature passed laws authorizing components of equity for use in the common law courts. By 1836 the commonwealth's Supreme Judicial Court could oversee discovery, entertain cases with multiple parties, and grant injunctions and- specific performance. The court could also administer certain areas of substantive law, including trust, guardianship, and settlement of estates, that in England belonged to the jurisdiction of the Court of Chancery. Thus, the Supreme Judicial Court had concurrent jurisdictions in law and equity early in the nineteenth century. In this respect the court resembled the federal courts before the merger of law and equity in the Federal Rules of Civil Procedure in 1938. The long process of adding the powers and substantive law of equity to the common law courts of Massachusetts ended in 1877, when the legislature granted the Supreme Judicial Court general equity jurisdiction.
    • No Place To Park: The Uneasy Relationship Between a City and its Cars

      Chen-Josephson, YiLing (2007-05-01)
      In 1951, Richard C. Lee, a man who was soon to become one of the most famous mayors in America, addressed “one of the major problems of [his] community” at a meeting of New Haven, Connecticut’s Democratic Town Committee: I cannot state too strongly that I consider this situation to be extremely serious…. [It] is sapping the lifeblood of our midtown business area and it takes little imagination to see how this, in a vicious progression, will gradually work against the well-being of all the other segments of our integrated community life.…New Haven is not alone in its disease. Nearly all large American cities have been afflicted….A situation which is hurting our downtown business life should and must be corrected; this is a basic essential to civic betterment, and all citizens will share in that betterment.[1] Lee was not talking about crime, unemployment, inflation, racial tensions, or the slums he would become known for razing and “redeveloping.” Instead, he was talking about parking. [1] Richard Lee, Remarks at the Democratic Town Committee Meeting (Aug. 16, 1951) (transcript available in the Yale University Library).
    • Persistent Localism: New Haven's Role in Intergovernmental Water Pollution Control and Sewage Treatment Programs

      Gelatt, Andrea (2005-01-01)
      The standarq story of environmental protection over the twentieth century is one of scattered successes with limited impact until the federal government took steps to solve the most pressing environmental issues. While significant problems remain, federal efforts often made substantial improvements in the nation's air quality and waterways. In the area of water policy before the Clean Water Act, most states had water pollution control programs funded by federal grants that did not successfully improve water quality. By the 1970s, the Americans were becoming more environmentally aware, and Congress realized that a new, more forceful effort was needed to address their concerns.
    • Public Law and Legal Education in the Nineteenth Century: The Founding of Burgess' School of Political Science at Columbia

      Bator, Alexa (1996-10-01)
      This paper discusses the founding of the School of Political Science at Columbia University by John W. Burgess in 1880. Burgess established the political science school after failing in his attempts to introduce a program of coursework in political science and public law at Columbia's School of Law. He hoped that the new school would supplement the private-law curriculum of the law school, with the particular aim of preparing students for a career in public service.
    • Racial Residential Integration in Greater New Haven in the Post-Civil Rights Era

      Terry, Tianna (2007-05-01)
      Equal housing opportunity for all people regardless of race has been the law in the United Statesfor almost forty years. Nevertheless, racial residential segregation persists. This paper examines the extent to which fair housing laws and institutions have met their goal of promoting racial residential integration in Greater New Haven, Connecticut. For the purposes of this paper, Greater New Haven is defined as the fifteen towns and cities that comprise the South Central Connecticut Regional Council of Governments,[1] which includes Bethany, Branford, East Haven, Guilford, Hamden, Madison, Meriden, Milford, New Haven, North Branford, North Haven, Orange, Wallingford, West Haven, and Woodbridge.[2] Part II examines racial demographic change in Greater New Haven from 1970 to 2000. In this section, I highlight the region’s population growth and increased racial diversity during this period, and analyze the extent of neighborhood racial integration in the area. I also present the results of a block-level analysis of the racially integrated neighborhoods inNew Haven,West Haven,Hamden, andMeridento determine the extent of racial mixing at a micro level. Finally, I evaluate the stability of racially integrated neighborhoods over the course of the thirty-year period. [1] The South Central Connecticut Council of Regional Governments (SCRCOG) is a consortium of local governments that convenes to coordinate land use and transportation development. South Central Connecticut Council of Regional Governments, Website Homepage, http://www.scrcog.org/index.htm. [2] See infra Appendix, Map 1.