Law Commons^™

Written Testimony On Correctional Oversight Of The Nys Doccs, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

I am testifying today on behalf of both myself and my co-chair Michele Deitch, who has submitted written testimony for your consideration. My comments here reflect both the key points in her testimony as well as some of my own thoughts about the importance of external oversight and comments about the critical role played by the Correctional Association of New York, the failure of the State Commission on Correction to provide meaningful regulation of New York’s prisons, and the need to improve access by the media to the public and to the state’s prisons.

Mommy Dearest: Determining Parental Rights And Enforceability Of Surrogacy Agreements, William J. Giacomo, Angela Dibiasi

Pace Law Review

The governing law in this area is new and evolving and, as such, the allocation of the legal rights and responsibilities depend on which state has jurisdiction over the matter. This article will discuss the basic types of surrogacy agreements and examine the legal distinctions of their enforceability under New York and California law.

Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian

Pace Law Review

Solla is noteworthy not merely in light of the baleful effects of its ruling, but because of its reasoning: it is categorically wrong. The decision wholly elides a cornerstone and settled principle of New York welfare law, namely, that in the administration of public assistance, the municipalities act as the agents of the State, while blatantly violating the most fundamental of agency principles, namely, that a principal is vicariously liable for the actions of its agent acting within the scope of its authority. Indeed, this principal/agent relationship is established both by statute and by decades of uniform state and federal …

Riio To Rev: What U.S. Power Reform Should Learn From The U.K., Heather Payne

Pace Law Review

After discussing the recent history of and need for regulatory reform in the U.K., this article will summarize the RIIO framework and analyze the three parts best suited for import into the regulatory frameworks of American states. Specifically, the article will evaluate how a performance-based framework with (1) longer rate cases, (2) proportionate assessment, and (3) a focus on total expenditures limiting regulatory asset value, should positively influence the U.S. regulatory landscape. While RIIO is only used for transmission and distribution in the U.K., there is a potential for its performance-based approach to be used in generation as well as …

Carbon-Tuning New York’S Electricity System: Uncovering New Opportunities For Co2 Emissions Reductions, Nick Martin

Environmental Law Program Publications @ Haub Law

Distributed energy resources (DER), including technologies and services such as behind-the-meter generation, demand response, energy management, and energy efficiency, are touted as effective ways to improve electric system efficiencies and reduce harmful air emissions. The New York State Public Service Commission’s landmark Reforming the Energy Vision (REV) proceeding aims to unleash competitive forces that will invest in DER across the state with the explicit goal of reducing customer bills and the environmental impact of electricity production.

As initiatives like New York’s REV continue, understanding the emission impacts of DER deployment becomes vital to ensure these efforts achieve the greatest environmental …

A Sitting Duck: Local Government Regulation Of Hunting And Weapons Discharge In The State Of New York, Gary E. Kalbaugh

Pace Environmental Law Review

On March 31, 2014, the New York State Legislature significantly modified New York's Environmental Conservation Law. The Environmental Conservation Law imposes limitations on the discharge of longbows. A longbow is defined by New York's Department of Environmental Conservation as “a longbow, recurve bow or compound bow which is designed to be used by holding the bow at arm's length, with arrow on the string, and which is drawn, pulled and released by hand or with the aid of a hand-held trigger device attached to the bowstring.”

Before the 2014 amendment, longbows could not be discharged in such a way that …

Alternative Funding For An Equitable Park System In New York City And State, Christopher Rizzo

Pace Environmental Law Review

Private efforts have successfully transformed a select few parks, which has created allegations of park inequity at a time when many neighborhood parks are overgrown and understaffed. Public-private partnerships reflect a national debate about the proper role of the private sector in maintaining parks, highways, bridges, and other essential civic infrastructure. But for most neighborhood parks the debate is irrelevant. They completely lack access to either adequate public funding or private revenue. One-time infusions of public capital dollars into the neediest parks cannot solve the ongoing operation and maintenance problem.

This paper identifies an array of alternative revenue strategies to …

The Tyranny Of Plastics: How Society Of Plastics, Inc. V. County Of Suffolk Prevents New Yorkers From Protecting Their Environment And How They Could Be Liberated From Its Unreasonable Standing Requirements, Albert K. Butzel, Ned Thimmayya

Pace Environmental Law Review

Ever since the Court of Appeals of New York issued its holding in the landmark case Society of Plastics Industry, Inc. v. County of Suffolk, citizen oversight of government-approved and government projects with environmental implications has suffered curtailment inconsistent with the objectives of the State Environmental Quality Review Act (SEQRA). At the center of the conflict between SEQRA and citizen enforcement are the restrictive standing requirements formulated by Society of Plastics, which include the demand that a petitioner demonstrate harm distinct from injury to the general public. Not only does such a prerequisite for consideration of a case's merits ignore …

When Are The People Ready? The Interplay Between Facial Sufficiency And Readiness Under Cpl Section 30.30, John H. Wilson

Pace Law Review

In this article, we will explore the intersecting concepts of conversion, facial sufficiency, and readiness. As we shall see, readiness for trial does not necessarily follow from the conversion of a complaint and dismissal on CPL section 30.30 grounds does not necessarily follow from a finding of facial insufficiency.

Mixing Law And Equity Causes Of Action Does Not Preclude A Jury Trial, Philip M. Halpern

Pace Law Review

This article addresses the issue of the preclusion of jury trials in actions which contemplate both legal and equitable relief. Part II of this article addresses the constitutional and statutory history of New York Civil Practice Law and Rules (“CPLR”) Section 4101 concerning issues triable by a jury and the dichotomy between those actions triable by a jury and equitable actions triable by the court alone. Part III of this article addresses the interplay between CPLR Sections 4101 and 4102, concerning demand and waiver of trial by jury, and the analysis developed by the courts to determine whether a jury …

A Dangerous Situation – The Knowing Transmission Of Hiv In An Out-Of-Body Form And Whether New York Should Criminally Punish Those Who Commit Such An Act, Griffin C. Kenyon

Pace Law Review

In June 2013 the New York State Court of Appeals held that the saliva of a defendant afflicted with the Human Immunodeficiency Virus ("HIV”) does not constitute a dangerous instrument so as to support a conviction for aggravated assault. Despite this holding, the question remains whether the administration of HIV in an out-of-body form to another individual qualifies for dangerous instrument treatment so as to subject greater criminal liability under the New York State Penal Law (“Penal Law”). Another question remains – should New York punish those who knowingly transmit HIV to another individual? If so, should the punishment be …

Incorporating Ny Land Banks Into The Delinquent Property Tax Enforcement Processes, J. Justin Woods

Elisabeth Haub School of Law Student Publications

This article argues that New York municipalities should integrate land banks into the tax enforcement process to break the unhealthy cycle perpetuated by real estate and lien speculators. By transferring all tax liens and foreclosed properties to local land banks, municipalities can generate an important funding source that will help cover land banks' operations while simultaneously maximizing land banks' ability to reinvest lien proceeds and equity into redeveloping or demolishing properties with little or no value. If New York municipalities use their Land Bank Act powers fully, local and regional land bank efforts can become a vital tools for planning …

Land Use Planning For Solar Energy: Resource Guide, Jessica A. Bacher, John R. Nolon, Tiffany Zezula

Environmental Law Program Publications @ Haub Law

This document was created to help New York State localities develop and adopt solar friendly policies and plans. It begins by presenting the local government’s role in land use planning and regulation and introduces common characteristics of “solar friendly” communities. The resource then describes how municipalities should begin a solar energy initiative through an official policy statement that provides support for solar energy and that authorizes a task force to shepherd the process, appropriate studies, training programs for staff and board members, inter-municipal partnerships, and outside funding sources. Next, the document explains how municipalities should engage the entire community in …

Charting The Course For Energy Efficiency In New York: Lessons From Existing Programs, John Bowie, David Gahl, Nick Martin, Sam Swanson

Environmental Law Program Publications @ Haub Law

This report examines the performance of the existing suite of energy efficiency efforts run by the New York State Energy Research and Development Authority and the state’s investor owned utilities. The latest data shows that through 2014 EEPS program administrators had achieved 79 percent of their to-date savings goals.

The report focuses on the best ways to transition from the EEPS program model to the emerging REV model. Reviewing publicly available information, this analysis takes stock of what the EEPS has achieved and calls for a REV planning and delivery program that builds upon lessons learned from decades of past …

Zoning For Solar Energy: Resource Guide, Jessica A. Bacher, John R. Nolon

Environmental Law Program Publications @ Haub Law

This document is designed to help New York State localities amend zoning and other land use regulations to permit the development of solar energy systems in their jurisdictions. While it applies to many types of solar energy systems, this resource guide focuses primarily on solar electric or photovoltaic (PV) systems. It begins by describing the local government’s role in land use planning and regulation. It then discusses the importance of defining all solar energy systems that a community wants to allow in existing zoning districts and shows how to incorporate those definitions in the zoning ordinance. Next, the guide explains …