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Articles 1 - 30 of 38
Full-Text Articles in Entire DC Network
Redevelopment Tools: Creating And Recreating Urban Centers, John R. Nolon, Jessica A. Bacher
Redevelopment Tools: Creating And Recreating Urban Centers, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article describes a number of the agencies, entities, and legal tools and techniques that are used today to redevelop or create urban centers of population and commerce.
Religion And Law Use: Constraints On Local Boards' Decision Making, John R. Nolon, Jessica A. Bacher
Religion And Law Use: Constraints On Local Boards' Decision Making, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
While local legislatures generally have broad authority to enact land use regulations that serve a public interest, the Religious Land Use and Institutionalized Persons Act as well as constitutional limits found in the First Amendment limit religious land use regulations that seek to restrict religious freedom. This article explores the Second Circuit’s decision in Westchester Day School v. Village of Mamaroneck, and makes suggestions about the future implications of the court’s decision.
Internet Pharmacies: Why State Regulatory Solutions Are Not Enough, Linda C. Fentiman
Internet Pharmacies: Why State Regulatory Solutions Are Not Enough, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
Internet pharmacies are an economic and communications miracle--and a regulatory nightmare. It is estimated that Americans spent some $3.2 billion in 2003 on medications from the Internet, but Internet pharmacies permit consumers to evade long-standing regulatory protections, particularly those that rely on the oversight of drug prescribing and dispensing by licensed physicians and pharmacists.
Shielding Board Members: Municipalities Should Protect Them From Suits, John R. Nolon, Jessica A. Bacher
Shielding Board Members: Municipalities Should Protect Them From Suits, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Both individual land use board members and the municipal governments containing these boards are concerned with the liability of the boards, and of individual members from legal challenges stemming from their decisions. Legal actions against these boards, and the potential for subsequent liability of individual members could put significant financial burdens on municipalities and also discourage competent citizens from serving on these local land use boards. This commentary reviews the impact of two recent New York state cases, and their affect on state legislation concerning these topics.
Clarifying The Rules And Roles Of Land Use Boards, John R. Nolon, Jessica A. Bacher
Clarifying The Rules And Roles Of Land Use Boards, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article discusses the rules and roles of land use boards, including planning boards, and zoning boards of appeals. Local governments are given broad authority to create land use regulations by the New York state legislature, and so long as they stay within the boundaries of the state land use statutes, the local government’s fact based decisions are usually upheld in face of legal challenges in court. This column analyzes several recently decided cases in an attempt to clarify the uncertainties involved with the decisions of local land use boards, and challenges to land use board decisions.
Judges' Bench Memorandum: Sixteenth Annual Pace National Environmental Law Moot Court Competition, Kirstin Etela
Judges' Bench Memorandum: Sixteenth Annual Pace National Environmental Law Moot Court Competition, Kirstin Etela
Pace Environmental Law Review
No abstract provided.
Best Overall Brief: Sixteenth Annual Pace National Environmental Law Moot Court Competition, Noah Anstraus, Louise Melchor, Jennifer Sosa
Best Overall Brief: Sixteenth Annual Pace National Environmental Law Moot Court Competition, Noah Anstraus, Louise Melchor, Jennifer Sosa
Pace Environmental Law Review
No abstract provided.
Best Brief For Appellant New Union Fly Fisherman's Federation, Inc.: Sixteenth Annual Pace National Environmental Law Moot Court Competition, Kathy A. Reichbach, Nicole S. Zellweger
Best Brief For Appellant New Union Fly Fisherman's Federation, Inc.: Sixteenth Annual Pace National Environmental Law Moot Court Competition, Kathy A. Reichbach, Nicole S. Zellweger
Pace Environmental Law Review
No abstract provided.
Best Brief For Intervenor United States: Sixteenth Annual Pace National Environmental Law Moot Court Competition, Douglas Chartier, Richard Lee, Erica Tennyson
Best Brief For Intervenor United States: Sixteenth Annual Pace National Environmental Law Moot Court Competition, Douglas Chartier, Richard Lee, Erica Tennyson
Pace Environmental Law Review
No abstract provided.
Religion And Land Use: Westchester Day School V. Village Of Mamaroneck, John R. Nolon, Jessica A. Bacher
Religion And Land Use: Westchester Day School V. Village Of Mamaroneck, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
The Westchester Day School and the Zoning Board of Appeals (ZBA) of the Village of Mamaroneck were involved with several lawsuits stemming from a rescinded “negative” State Environmental Quality Review Act (SEQRA) determination by the ZBA after local public outcry of the school’s expansion. This article explores the relationship between Religious Land Use and Institutionalized Persons Act (RLUIPA) and land use regulations, and comes to the conclusions that Congress enacted the RLUIPA to ensure religious organization landowners are not singled out to bear the burdens of the general public.
Seqra Challenges: Court Creates New Rule On Statute Of Limitations, John R. Nolon, Jessica A. Bacher
Seqra Challenges: Court Creates New Rule On Statute Of Limitations, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
The New York State Environmental Quality Review Act, known around the New York legal community as SEQRA, triggers any time a public action may have an adverse impact on the environment. The determinations of this process, intertwined with public actions such as, site plan approvals, variance requests, or any other land use or public action, are often challenged by those parties who are unsatisfied with the result. This article discusses the extensive case history regarding when SEQRA actions are ripe for legal challenge.
Targeting The Foreign Born By Race And Nationality: Counterproductive In The "War On Terrorism"?, Thomas Michael Mcdonnell
Targeting The Foreign Born By Race And Nationality: Counterproductive In The "War On Terrorism"?, Thomas Michael Mcdonnell
Elisabeth Haub School of Law Faculty Publications
Times of emergency may justify certain restrictions on liberties, but the nature of the terrorist challenge calls for a much more measured and nuanced response. Al Qaeda is said to have cells operating in as many as sixty countries. Furthermore, Al Qaeda is best described as a decentralized network of extremist Islamic groups and individuals rather than a unified military organization. To reduce or eliminate the threat they pose requires the cooperation of the governments, police officers, and individual citizens in the countries where Al Qaeda linked individuals and groups operate. Such help is necessary to obtain intelligence, arrest, capture, …
Paradoxes Of Health And Equality: When A Boy Becomes A Girl, Noa Ben-Asher
Paradoxes Of Health And Equality: When A Boy Becomes A Girl, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications
Can a parent be legally required to control the gender of a child? What is the legal justification of a forced disintegration of a family? This Essay will try to address these issues, raised by an unusual legal dispute between parents who believed that they should raise their child as a girl, and a state agency that insisted on a masculine upbringing as a boy.
The Magic Of Disappearing Wealth Revisited: Using Family Limited Partnerships To Reduce Estate And Gift Tax, Ronald H. Jensen
The Magic Of Disappearing Wealth Revisited: Using Family Limited Partnerships To Reduce Estate And Gift Tax, Ronald H. Jensen
Elisabeth Haub School of Law Faculty Publications
Part I of this article will describe the techniques for using FLPs to reduce gift and estate taxes. Part II will discuss the economic validity of the discounts that are allowed under current law. Part III will examine the current status of the law regarding FLPs. Finally, Part IV will discuss the need for reform and will analyze and evaluate the various proposals for reform put forth to date. Part IV will conclude with a new recommendation for curtailing the abusive use of FLPs.
Harnessing The Treaty Power In Support Of Environmental Regulation Of Activities That Don't "Substantially Affect Interstate Commerce", Katrina Fischer Kuh
Harnessing The Treaty Power In Support Of Environmental Regulation Of Activities That Don't "Substantially Affect Interstate Commerce", Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
This Article proposes a framework for applying the treaty power that would accomplish the goal of environmental regulation. This framework would be applied where the President has signed, and Congress has ratified, a treaty and Congress has enacted domestic legislation in some way satisfying the goals or requirements of the treaty. Under this framework, the inquiry into whether the treaty power could appropriately be used by Congress in excess of its Article I, Commerce Clause powers would be indexed to the strength of (1) the contract-like nexus between the necessarily reciprocal requirements and the goals of the treaty and the …
J'Accuse For The Bush Administration: A Review Of Richard A. Clarke's Against All Enemies: Inside America's War On Terror, Mark R. Shulman
J'Accuse For The Bush Administration: A Review Of Richard A. Clarke's Against All Enemies: Inside America's War On Terror, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
A Public-Private Strategy For Enhancing Domestic Security Worldwide, Mark R. Shulman
A Public-Private Strategy For Enhancing Domestic Security Worldwide, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Intencion Especifica, Intoxicacion Voluntaria Y Otros Demonios, Luis E. Chiesa
Intencion Especifica, Intoxicacion Voluntaria Y Otros Demonios, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Development Agreements: Bargained-For Zoning That Is Neither Illegal Contract Nor Conditional Zoning, Shelby D. Green
Development Agreements: Bargained-For Zoning That Is Neither Illegal Contract Nor Conditional Zoning, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This Article explores the new model of land use decision-making that is based upon bargaining with the landowner. The fact of a bargain raises the issue of whether such bargaining amounts to “contract zoning” based upon a bilateral contract between the municipality and the landowner, which is largely held to be illegal, or a related form of bargaining, not involving an exchange of promises in the context of a bilateral agreement--“conditional zoning.” Part II of this Article discusses the emergence of the development agreement, which involves a contract with a municipality and the developer under which the developer is assured …
Finding Success In The "Cauldron Of Competition:" The Effectiveness Of Academic Support Programs, Leslie Yalof Garfield
Finding Success In The "Cauldron Of Competition:" The Effectiveness Of Academic Support Programs, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications
This article provides an in-depth analysis of our comprehensive study of the Pace Academic Support Program. Section II of the article discusses the purpose and design of ASPs generally, and Pace Law School's program specifically. Section III describes the research design, methodology, and procedures used for this study. Section IV evaluates and analyzes the findings, with an in-depth analysis of the impact each service yields to ASP students, as well as the statistical significance of such benefits. Section V evaluates the importance of background criteria and the impact that such variables have on ASP participants and non-participants. Section V also …
Tribal Sovereignty Over Water Quality, Jessica Owley Lippmann
Tribal Sovereignty Over Water Quality, Jessica Owley Lippmann
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Exacted Conservation Easements: The Hard Case Of Endangered Species Protection, Jessica Owley Lippmann
Exacted Conservation Easements: The Hard Case Of Endangered Species Protection, Jessica Owley Lippmann
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Mainstreaming Complementary And Alternative Medicine In The Face Of Uncertainty, Barbara L. Atwell
Mainstreaming Complementary And Alternative Medicine In The Face Of Uncertainty, Barbara L. Atwell
Elisabeth Haub School of Law Faculty Publications
Part I of this article provides an overview of the medical necessity test, and examines the decision-making process pursuant to the test, including who makes coverage determinations and what criteria are used in making them. Part I also sets forth examples of conventional treatments that insurers routinely cover despite their questionable efficacy from a medical necessity perspective. Part II explores CAM disciplines and describes how they differ from conventional medicine. Part III discusses the legal challenges CAM faces and explores the limited extent to which CAM is covered by health insurance and the failure of state laws to provide mandates …
Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard
Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
The Law Of Words: Standing, Environment, And Other Contested Terms, David N. Cassuto
The Law Of Words: Standing, Environment, And Other Contested Terms, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000), exposes fundamental incoherencies within environmental standing doctrine, even while it ostensibly makes standing easier to prove for plaintiffs in environmental citizen suits. According to Laidlaw, an environmental plaintiff needs only to show personal injury to satisfy Article III's standing requirement; she need not show that the alleged statutory violation actually harms the environment. This Article argues that Laidlaw's distinction between injury to the plaintiff and harm to the environment is nonsensical. Both the majority and dissent in Laidlaw incorrectly assume that there exists an objective …
One Flesh, Two Taxpayers: A New Approach To Marriage And Wealth Transfer Taxation, Bridget J. Crawford
One Flesh, Two Taxpayers: A New Approach To Marriage And Wealth Transfer Taxation, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
This article critically examines the estate and gift tax rules currently applicable to martial wealth transfers and proposes a new system in which all transfers between spouses will be subject to taxation. The article begins by tracing the historic development of what the author calls the "one flesh, one taxpayer" approach to wealth transfer taxation. Over a period of more than thirty years, the marital deduction evolved from a tool for achieving geographic uniformity into an institution based on an unreal and idealized story of proper gender roles and the economic significance of marriage. After describing the wealth transfer tax …
Over-Preemption Of State Vacatur Law: State Courts And The Faa, Jill I. Gross
Over-Preemption Of State Vacatur Law: State Courts And The Faa, Jill I. Gross
Elisabeth Haub School of Law Faculty Publications
This Article will examine the state courts' approach to FAA preemption on a vacatur motion since the most recent Supreme Court FAA preemption decisions. This Article will demonstrate that, with little or no analysis, state courts over-apply the FAA to commercial arbitration awards, particularly the "manifest disregard" prong, causing what I call "over-preemption" and frustrating their own state's interests in the application of its arbitration law. Part II of this Article will briefly review Supreme Court FAA preemption jurisprudence. Part III of this Article will use illustrative state court decisions to demonstrate that the state courts are applying FAA preemption …
Putting The Supreme Court Back In Place: Ideology, Yes; Agenda, No, Steven H. Goldberg
Putting The Supreme Court Back In Place: Ideology, Yes; Agenda, No, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
This essay is about the permanent damage to the Supreme Court and to the country that may occur if the current approach to judicial appointments continues, and offers an approach to the nomination and confirmation of Supreme Court justices that will help put the Court back in its proper place - out of the eye of the elective political storm.
Offensive Issue Preclusion In The Criminal Context: Two Steps Foward, One Step Back, Michelle S. Simon
Offensive Issue Preclusion In The Criminal Context: Two Steps Foward, One Step Back, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications
This article addresses whether the expansion of the doctrine of issue preclusion in the federal criminal area should mirror the expansion of the doctrine in the federal civil area. The article examines the general requirements of issue preclusion and the evolution of issue preclusion in both the civil and criminal context. Next, this article examines the current status of offensive and defensive issue preclusion when the first suit is civil and the second suit is criminal, the first suit is criminal and the second suit is civil, and where both the first and second action is criminal. The article then …
Theme And Variations In Statutory Preclusions Against Successive Environmental Enforcement Actions By Epa And Citizens, Part One: Statutory Bars In Citizen Suit Provisions, Jeffrey G. Miller
Theme And Variations In Statutory Preclusions Against Successive Environmental Enforcement Actions By Epa And Citizens, Part One: Statutory Bars In Citizen Suit Provisions, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
This two-part Article examines the preclusion device, its legislative history, and the decisions interpreting it. Part One examines the device in citizen suit provisions. Part Two, to be published subsequently, will examine the device in EPA enforcement provisions. The two parts develop a unified interpretation of the device in both sets of enforcement provisions to resolve the tension between achieving compliance and protecting prosecutorial discretion. The Article concludes that Congress meant exactly what it wrote and enacted: the device solely precludes the successive enforcement it actually addresses. Several of the most common canons of statutory interpretation lead inexorably to this …