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Articles 1 - 27 of 27
Full-Text Articles in Law
Law Librarianship: Rebirth Or Buried Alive?, Jack Mcneill
Law Librarianship: Rebirth Or Buried Alive?, Jack Mcneill
Elisabeth Haub School of Law Faculty Publications
The AALL Committee on the Renaissance of Law Librarianship in the Information Age has just issued a report redefining law librarianship for the digital age. The full report is must reading for all interested in law librarianship because it accurately defines the skills needed to bring us into the future. Unfortunately, the report makes suggestions that may lead, not to renaissance, but to lower salaries.
Brief For Xxx Corp.: Eleventh Annual Pace National Environmental Moot Court Competition, Jennifer Anderson, Charles Mcchesney, Michael Vollmer
Brief For Xxx Corp.: Eleventh Annual Pace National Environmental Moot Court Competition, Jennifer Anderson, Charles Mcchesney, Michael Vollmer
Pace Environmental Law Review
No abstract provided.
Brief For Respondent: Eighth Annual Pace National Environmental Law Moot Court Competition, Katherine Abate, Jessica Reid, Robin Silberzweig
Brief For Respondent: Eighth Annual Pace National Environmental Law Moot Court Competition, Katherine Abate, Jessica Reid, Robin Silberzweig
Pace Environmental Law Review
No abstract provided.
Brief For Appellee: Eighth Annual Pace National Environmental Law Moot Court Competition, Eric Berkley, Ann E. Lane, Charles Vorndran
Brief For Appellee: Eighth Annual Pace National Environmental Law Moot Court Competition, Eric Berkley, Ann E. Lane, Charles Vorndran
Pace Environmental Law Review
No abstract provided.
Brief For Appellant, Brownfields Redevelopment Associates Of New Union: Eighth Annual Pace National Environmental Law Moot Court Competition, Victor E. Cretella Iii, Dorothy M. Guy, Thy Christine Pham
Brief For Appellant, Brownfields Redevelopment Associates Of New Union: Eighth Annual Pace National Environmental Law Moot Court Competition, Victor E. Cretella Iii, Dorothy M. Guy, Thy Christine Pham
Pace Environmental Law Review
No abstract provided.
Brief For Appellant And Amicus United States Environment Protection Agency: Eighth Annual Pace National Environmental Law Moot Court Competition, Haylee Albert, Jaime Austrich, David Pearce
Brief For Appellant And Amicus United States Environment Protection Agency: Eighth Annual Pace National Environmental Law Moot Court Competition, Haylee Albert, Jaime Austrich, David Pearce
Pace Environmental Law Review
No abstract provided.
The Law Of Sustainable Development, Nicholas A. Robinson
The Law Of Sustainable Development, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
I am going to talk briefly, as dictated by the format of this seminar, about the law of sustainable development and how it has been developing. Sustainable development is, today, the guiding theme for both public and private measures to improve social conditions and strengthen economic conditions around the world. It did not become a guiding theme overnight. The recognition that sustainable development is fundamental has been growing gradually. The concept recognizes that the sort of development that was popular in the 1960s and 1970s in the United States of America and elsewhere was, by itself, an inadequate base on …
Vincent L. Broderick--A Distinguished Jurist And Great Teacher, Jay C. Carlisle
Vincent L. Broderick--A Distinguished Jurist And Great Teacher, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
Judge Broderick had a wonderful sense of humor and taught our law students, the bench and bar, and his colleagues, to be stronger professionals and better human beings. He will be sorely missed by the faculty, deans, students, and alumnae of the Pace University School of Law.
Summary Of The United States Seminar On Our National Environmental Laws, John R. Nolon
Summary Of The United States Seminar On Our National Environmental Laws, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
My objective today is to summarize the discussion that took place at a seminar we held in the United States which described and evaluated our nation's environmental protection laws. The purpose of that seminar was to draw from that experience lessons that should help us, and perhaps Argentina, as we both consider how to improve the laws that affect natural resource use and conservation in our countries.
Seminar On The Law Of Sustainable Development--United States, John R. Nolon
Seminar On The Law Of Sustainable Development--United States, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Welcome to a video seminar on the Law of Sustainable Development in Argentina and the United States. Our plan is to record these proceedings and show segments of them at a similar seminar to be held next month in Buenos Aires, Argentina.
Long Island Sound: A Bibliography Of Legal And Related Materials, Ann Powers
Long Island Sound: A Bibliography Of Legal And Related Materials, Ann Powers
Elisabeth Haub School of Law Faculty Publications
This bibliography is a contribution toward restoring and preserving Long Island Sound.
Geographically Sexual?: Advancing Lesbian And Gay Interests Through Proportional Representation, Darren Rosenblum
Geographically Sexual?: Advancing Lesbian And Gay Interests Through Proportional Representation, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
Part I of this Article explores lesbian and gay interests and representational characteristics. Part II highlights the inadequacies of a single-member districting system in representing the interests of lesbian and gay communities. It concludes with an examination of the New York City Council's 1991 redistricting, where the mobilization of strong lesbian and gay communities in a receptive environment nonetheless failed to lead to effective representation of lesbian and gay interests in the City Council. Part III describes proportional representation systems and reveals how such systems would better serve lesbian and gay communities. Part IV acknowledges the political and legal obstacles …
Suspended Over The Abyss: A City's Quest For Local Autonomy In Institutional Reform Litigation, Michelle S. Simon
Suspended Over The Abyss: A City's Quest For Local Autonomy In Institutional Reform Litigation, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications
This Article examines the conflict between preserving local autonomy and remedying constitutional violations in the context of school desegregation. Part I articulates the problem by exploring the role of the city and its part in institutional reform. The first section explains what is meant by local autonomy. The second section examines what constitutes institutional reform. The third section discusses an example of the clash between local autonomy and institutional reform in the context of the ongoing struggle in Kansas City, Missouri. Part II examines how the Supreme Court has viewed the relationship between the remedial powers of district courts and …
Review Of "Wild Ideas" By David Rothenberg, David N. Cassuto
Review Of "Wild Ideas" By David Rothenberg, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Defensively Invoking Treaties In American Courts--Jurisdictional Challenges Under The U.N. Drug Trafficking Convention By Foreign Defendants Kidnapped Abroad By U.S. Agents, Thomas Michael Mcdonnell
Defensively Invoking Treaties In American Courts--Jurisdictional Challenges Under The U.N. Drug Trafficking Convention By Foreign Defendants Kidnapped Abroad By U.S. Agents, Thomas Michael Mcdonnell
Elisabeth Haub School of Law Faculty Publications
This Article unravels the non-self-executing treaty doctrine, examines the invocation of a treaty as a defense to governmental action, and develops a test for when an individual (rather than a government) may assert a treaty defensively in state or federal courts. Lastly, this Article applies this test to state-sponsored kidnapping and the U.N. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. The parties to this treaty, which was sponsored by the United States, barred one country's law enforcement agents from operating without permission on another country's soil and rejected a provision requiring a country to extradite its own …
United States Pollution Control Laws, Jeffrey G. Miller
United States Pollution Control Laws, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
The environmental assessment process established by NEPA has been a success and was a step forward on the path of integrating environmental and economic policy. The national pollution abatement laws that were adopted in the decade after NEPA, however, operate in a very different fashion. They, too, have been very successful in a number of important respects, but have achieved less than we had hoped for because of certain flaws in their design. To analyze these laws for us, I would like to introduce another colleague, Professor Jeffery Miller, who has also travelled in Argentina. In fact, Professor Miller conducted …
Gay Does Not Necessarily Mean Good: A Critique Of Jeffrey Sherman's "Love Speech: The Social Utility Of Pornography", Bridget J. Crawford
Gay Does Not Necessarily Mean Good: A Critique Of Jeffrey Sherman's "Love Speech: The Social Utility Of Pornography", Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
What's Wrong With This Picture?: Rule Interpleader, The Anti-Injunction Act, In Personam Jurisdiction, And M.C. Escher, Donald L. Doernberg
What's Wrong With This Picture?: Rule Interpleader, The Anti-Injunction Act, In Personam Jurisdiction, And M.C. Escher, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
The effectiveness of interpleader depends upon the availability of injunctions against other proceedings. There is no congressional authorization of such injunctions for rule interpleader cases. If interpleader were an in rem action, one of the other exceptions to the Anti-Injunction Act might save the day, but the Supreme Court has apparently foreclosed that option. This article examines that three-sided conflict. Part II discusses the problem in greater depth, focusing first on how interpleader functions and why it depends on being “the only game in town.” Part II next addresses the background and interpretation of the Anti-Injunction Act, exploring particularly the …
Ladies In Red: Learning From America's First Female Bankrupts, Marie Stefanini Newman
Ladies In Red: Learning From America's First Female Bankrupts, Marie Stefanini Newman
Elisabeth Haub School of Law Faculty Publications
Several years ago, the Honorable Joyce Bihary, a bankruptcy judge in Atlanta, Georgia, asked me3 why our country's first bankruptcy law specifically referred to debtors using “he” or “she” rather than a gender-neutral noun (such as “bankrupts”) or the male possessive pronoun “he.” Implicitly, she was also asking whether there were any women debtors under our early bankruptcy laws. Although I had read the Bankruptcy Act of 1800 more than once, I did not recollect its use of these gender-inclusive pronouns. Nor did I know why the Act employed them. Despite having given considerable thought to contemporary women in debt, …
Welcome (Symposium On Framework Laws--The Key To Sustainable Development In The Americas), Richard L. Ottinger
Welcome (Symposium On Framework Laws--The Key To Sustainable Development In The Americas), Richard L. Ottinger
Elisabeth Haub School of Law Faculty Publications
This is a subject of deep interest to our law school. We have established one of the top environmental studies centers in the United States. In addition, we operate a nationally recognized energy law project, land use law center and international commercial law institute. Our interest is global and broad, focusing on the legal issues involved both in resource use and conservation and on applications at the local, national and international level. We take this broad approach for a simple reason: it is the approach that our graduates will have to take as they practice law in the global market …
The Term Limits Case, Bennett L. Gershman
The Term Limits Case, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
In U.S. Term Limits, the Court reviewed an amendment to the Arkansas Constitution, adopted in 1992, that made a candidate for the U.S. Senate or House of Representatives ineligible to have his or her name placed on the ballot for national election if that person had previously been elected to three or more terms as a member of the House, or two or more terms as a member of the Senate. Following a taxpayer's complaint seeking declaratory relief, the state circuit court held that this amendment violated the Qualifications Clauses in Article I, sections 2 and 3, of the U.S. …
Fusing Economic And Environmental Policy: The Need For Framework Laws In The United States And Argentina, John R. Nolon
Fusing Economic And Environmental Policy: The Need For Framework Laws In The United States And Argentina, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
In an effort to discover the best legal strategies to respond to these new challenges, seminars were conducted among experts in economic development and environmental protection in both the United States and Argentina. The observations and recommendations of these experts have been summarized and published and will be referenced as appropriate. This article attempts to synthesize what was learned in these two seminars, the research conducted in preparation for them, and the ongoing discussion among the participants. It begins with a summary of the forces in both countries that call for a change in the legal system, shows how these …
The National Land Use Policy Act, John R. Nolon
The National Land Use Policy Act, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Professor Miller talked about a particular road that we traveled beginning in the 1970s. Professor Robinson discussed a different road that we traveled when we adopted the National Environmental Policy Act (NEPA) in 1969. I would like to talk about the road not traveled, a road that led in the direction that Professor Miller just charted. We considered a different more comprehensive approach in the early 1970s when our national environmental policies were being formed. The time may be right to reconsider what we then narrowly rejected, both here and in Argentina.
Takings And Property Rights Legislation, John R. Nolon
Takings And Property Rights Legislation, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Over the years, regulatory takings case law has supported land use regulations by cloaking them with a presumption of validity and placing a heavy burden on their challengers of proving either that the regulation fails to substantially advance a legitimate public purpose or that it deprives the owner of all economically beneficial use of the land. Insulated in this way, regulators, on occasion, have transgressed the boundaries of fundamental fairness.
The Promise Of State Constitutionalism: Can It Be Fulfilled In Shef V. O'Neill?, Gayl S. Westerman
The Promise Of State Constitutionalism: Can It Be Fulfilled In Shef V. O'Neill?, Gayl S. Westerman
Elisabeth Haub School of Law Faculty Publications
This Article reflects on the anomaly of the superior court's decision in Sheff in light of this recent history and recommends that the Connecticut Supreme Court use an alternative, analytical framework based on the Connecticut Constitution to decide the Sheff appeal. This independent approach is equally available to all state courts seeking to resolve fundamental issues under their own constitutions. Only by speaking in a clear, state voice can state courts balance the constitutional vision of the federal courts and fulfill the promise of the state constitutional law movement.
A Little Known History Of Truth, Steven H. Goldberg
A Little Known History Of Truth, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
This was written in response to a call from the W.M. Keck Foundation for essays on the topic: To what extent should the ethical responsibilities of a lawyer in civil litigation include the obligation to assist the judge or jury in arriving at the truth? I am grateful to the W.M. Keck Foundation for pressing the important dialogue about how our legal system and those who work in it ought to serve our society and for forcing me to think again about why we lawyers are who we are. It took me almost thirty years of trying cases, deaning, and …
Squaring Affirmative Action Admissions Policies With Federal Judicial Guidelines: A Model For The Twenty-First Century, Leslie Y. Garfield
Squaring Affirmative Action Admissions Policies With Federal Judicial Guidelines: A Model For The Twenty-First Century, Leslie Y. Garfield
Elisabeth Haub School of Law Faculty Publications
This article will highlight the legal limitations law schools confront when adopting diversity admission policies in light of the new judicial climate that disfavors considering non-traditional race criteria in the admission decision process. Part I highlights the difficulty law schools face when trying to admit a fully diverse class under the traditional application process. Part II discusses the judicial response to voluntary diversity admission policies and other race-based preference policies and defines the appropriate standard for court review. Part III proposes a model diversity admission policy. Part IV analyzes this model policy under the Court's strict scrutiny test.