Digital Commons Network^™

Courts Have Decided A Wide Range Of Issues, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

In 2006, as in most years, the New York courts have decided a broad range of land use issues. This article summarizes the impacts of several of these important decisions. Specifically, this article covers the following land use topics: affordable housing, statute of limitations, res judicata, standing to sue, enforcement of injunctions, takings law, vested rights, property annexation, religious land uses, New York’s State Environmental Quality Review Act (SEQRA), and judicial review of local board actions.

The Information Edge - Library Newsletter - Fall 2006 Issue, Karen Desantis Ed., Janell Carter Ed.

University Library Newsletter

Centennial Miscellany...p.1
Rey Racelis and Ellen Sowchek
Learning Commons Initiative...p.1
David Leighton
Excellence in Research Awards....p.2
Sarah Burns-Feyl
Faculty Staff Authors Collection Signing....p.2
Harriet Huang
Book Review: Edison and the Electric Chair....p.3
Eileen Gatti
Systems Updates....p.8
Rey Racelis
Subscription Database Changes....p.8
Blogs and the Pace Library....p.9
Brian Jennings
Library hours....p.12

An Examination Of The Determinants And Contents Of Corporate Voluntary Disclosure Of Management's Responsibilities For Financial Reporting, Samir M. El-Gazzar, James M. Fornaro, Rudy A. Jacob

Faculty Working Papers

The Sarbanes-Oxley Act (S-O Act) of 2002 requires principal officers to certify under oath to the veracity of information contained in SEC filings and opine on the effectiveness of the internal control system. This study examines the determinants and contents of corporate voluntary disclosure of management's responsibilities during the five-year period preceding the S-O Act. We predict that the voluntary disclosure of management's responsibilities for financial information signals certain incentives and characteristics of the reporting firm that are relevant to financial statement users and regulators. Consistent with our predictions, our findings reveal significant differences between issuing and non-issuing firms as …

The Relative Importance Of Earnings And Book Value In Regulated And Deregulated Markets: The Case Of The Airline Industry, Samir M. El-Gazzar, Philip M. Finn, Charles Tang

Faculty Working Papers

This paper examines the valuation effects of earnings and book values on security prices of the airline companies under two different market structures: the regulated and the deregulated periods. In regulated markets, and under the cost recovery plus adequate rate of return on assets, security prices are highly aligned with book values of the respective companies. In the airline industry, regulation took the form of guaranteed routes and of subsidies to service rural areas. In addition, many airlines provide international service which was not subject to US regulations. These features give rise to the differential effect of both book values …

Discovering Boundaries For Mobile Awareness: An Analysis Of Relevant Design Factors., Catherine Dwyer

CSIS Technical Reports

No abstract provided.

Affordable Housing In The New York Courts: A Case For Legislative Action, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

This article reviews the position of the New York courts on the obligation of local governments to zone for affordable housing and concludes that it is time for legislative action at the state level. Although municipalities are beginning to adopt inclusionary zoning ordinances, most are doing little to eliminate barriers to housing or stimulate needed production. Additional encouragement, guidance, and resources are needed to create an adequate supply of affordable housing. After a review of the affordable housing cases, this article reviews what other state legislatures have done in recent years, and proposes the adoption of a Local Housing Planning …

Court Prods Municipality: Other States Offer Large Number Of Models To Consider, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

The state legislature’s decision to leave the creation of affordable housing to New York’s local governments has resulted in a segmented, slowly evolving, and insufficient resolution to a statewide problem. For example, the Orange County Supreme Court, in Land Master v. Montgomery, struck down a zoning law that eliminated all as-of-right multifamily development, in a municipality where affordable housing was in urgent need. This article reviews comprehensive initiatives from other states, and suggests that through the adoption of a state legislation and planning, the affordable housing problem is rectifiable

Tax Practice In A Circular Revolution: A Review Of Pli's Circular 230 Deskbook, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

This short review essay evaluates the Practicing Law Institute's Circular 230 Deskbook by Jonathan G. Blattmachr, Mitchell M. Gans and Damien Rios. For attorneys, accountants and others who "practice" before the IRS, the Circular 230 Deskbook is a masterful analysis and an important guide to the Internal Revenue Service's labyrinthine rules and regulations governing tax penalties, reportable transactions and the conduct of tax practitioners.

Most tax attorneys and accountants have reacted to the recent changes to Circular 230 by appending banner notices to all written communications. Without fully understanding the underlying rules, however, a practitioner cannot be sure that a …

Staying Alive: North American Competitiveness And The Challenge Of Asia, Stephen Blank, Stephanie R. Golob, Guy Stanley

Faculty Working Papers

While analyses of "North American integration" after NAFTA continue to stress outdated notions of country-to-country trade and the exchange of finished products across national borders, our paper starts from the premise that what we have now is a single, integrated regional economic system whose expansion has followed the pace and contours of business strategies emphasizing continentally-integrated supply chains, but whose management via regulatory and policy coordination has lagged dangerously behind. Most dangerous of all has been the massive gap between our region's infrastructure needs – ports, transportation, and borders – and what has been coordinated and facilitated by the public …

A Brief Introduction To Game Theory., Dietrich Fischer

CSIS Technical Reports

No abstract provided.

Affordable Housing: A Case For State Legislative Action, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Efforts by municipalities to promote affordable housing have proven to be insufficient as evidenced by the skyrocketing real estate prices in the New York metropolitan area. Historically, New York courts have struggled with the affordable housing issue, often issuing inconsistent decisions on what types of local laws are unconstitutionally exclusionary. By utilizing other states’ initiatives as a guide, New York can create a comprehensive affordable housing bill that will effectively provide for affordable housing and relieve some of the pressures on the judiciary caused by past ambiguous legislation.

Welcome Remarks: Aftershock Conference, September 5-8, 2006, David A. Caputo Ph.D., 6th University President

University Centennial Documents

This is the welcome remarks delivered by David A. Caputo, Ph.D., President of Pace University on the occasion of the anniversary commemoration of the September 11, 2001 event. The conference is entitled "Aftershock: Rethinking the Future Since September 11, 2001" held at the Michael Schimmel Center for the Arts, New York City from September 5-8, 2006.

Why Health Courts Are Unconstitutional, Amy Widman

Pace Law Review

No abstract provided.

Discovering Effective, Comprehensible Data Classification Rules Using Hybrid Evolutionary / Swarm Models For Data Mining., Bora Uran

CSIS Technical Reports

No abstract provided.

Looking Beyond Environmental Law's Mid-Life Crisis, Linda A. Malone

Pace Environmental Law Review

No abstract provided.

The Cost Of Good Intentions: Why The Supreme Court's Decision Upholding Affirmative Action Admission Programs Is Detrimental To The Cause, Leslie Yalof Garfield

Pace Law Review

No abstract provided.

Inclusionary Zoning In Westchester County, New York: Is It A Viable Tool To Reduce A County-Wide Housing Crisis?, Ann S. Matthews

Pace Law Review

No abstract provided.

Carpe Diem: An Opportunity To Reclaim Lawyers' Independence, Louis A. Craco

Pace Law Review

No abstract provided.

Is There A Compelling Interest To Compel ? Examining Pre-Hearing Subpoenas Under The Federal Arbitration Act, Dean W. Sattler

Pace Law Review

No abstract provided.

Disaster Mitigation Through Land Use Strategies, John R. Nolon

Pace Environmental Law Review

No abstract provided.

Toward An International Standard Of Abortion Rights: Empirical Data From Africa, Chad M. Gerson

Pace International Law Review

No abstract provided.

Closer Integration, Controversial Rules: Issues Arising From The Cepa Between Mainland China, Hong Kong, And Macao, Jiaxiang Hu

Pace International Law Review

No abstract provided.

The Post-Apartheid City In The New South Africa: A Constitutional "Triomf"?, Becky L. Jacobs

Pace International Law Review

No abstract provided.

Can The Pope Be A Defendant In American Courts? The Grant Of Head Of State Immunity And The Judiciary's Role To Answer This Question, Dina Aversano

Pace International Law Review

No abstract provided.

Military Inc.: Regulating And Protecting The "A-Team[S]" Of The Post-Modern Era, Matt Heibel

Pace International Law Review

No abstract provided.

Difficulties Implementing The Hague Convention On The Protection Of Children And Co-Operation In Respect Of Intercountry Adoption: A Criticism Of The Proposed Ortega's Law And An Advocacy For Moderate Adoption Reform In Guatemala, Katherine Sohr

Pace International Law Review

No abstract provided.

Reconciling Globalization And Extraterritorial Application Of The Lanham Act: An Analysis Of Mcbee V. Delica, Co., Tom Villecco

Pace International Law Review

No abstract provided.

Foreword: The Intersection Of Environmental And Land Use Law: A Special Edition Of The Pace Environmental Law Review, Including Commentaries And A Collection Of Articles By Professor John R. Nolon

Pace Environmental Law Review

No abstract provided.

Navigating The Confluence Among Real Estate, Land Use, And Environmental Law, Lee Paddock

Pace Environmental Law Review

No abstract provided.

Champions Of Change: Reinventing Democracy Through Land Law Reform, John R. Nolon

Pace Environmental Law Review

No abstract provided.