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Series

Pace University

1995

Articles 1 - 11 of 11

Full-Text Articles in Law

The Stable Door Is Open: New York's Statutes To Protect Farm Land, John R. Nolon Feb 1995

The Stable Door Is Open: New York's Statutes To Protect Farm Land, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Daniel Webster, in his Remarks on Agriculture, asserted that "When tillage begins, other arts follow. The farmers, therefore, are the founders of human civilization." If Webster is right, civilization in New York State is floundering. Dutchess County recently witnessed the closing of the county's oldest dairy operation, Kay-Ray Farm. With Kay-Ray gone, Dutchess now has just over 50 farms left, down from over 100 in 1987 and from nearly 300 in 1972. What happened to this farm and this county is happening, to varying degrees, throughout the state. Legislatively, we have left the barn door ajar and the state's productive …

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Prosecutorial Misconduct In Presenting Evidence: "Backdooring" Hearsay, Bennett L. Gershman Jan 1995

Prosecutorial Misconduct In Presenting Evidence: "Backdooring" Hearsay, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Rules of evidence are designed to bring about just and informed decisions. One of these rules, the hearsay rule, is designed to ensure that juries receive reliable evidence, and that out-of-court statements ordinarily are inadmissible. Prosecutors are well aware of these evidentiary restrictions, but occasionally seek to circumvent them. The author describes methods used by some prosecutors to manipulate the hearsay rule and thereby distort the truth-finding process of the trial.

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Overcoming "Stigmas": Lesbian And Gay Districts And Black Electoral Empowerment, Darren Rosenblum Jan 1995

Overcoming "Stigmas": Lesbian And Gay Districts And Black Electoral Empowerment, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

This Article argues that the renewed disenfranchisement of blacks from districting remedies may be curbed through the use of community-based evidence similar to that used by lesbian and gay activists. Section One will explore the current position of blacks in the districting system, scrutinizing recent changes in the law that deprive blacks of their previously “protected” status under the Voting Rights Act. In 1995, the Miller v. Johnson decision notably held that race cannot be the predominant factor in the drawing of district lines. Blacks wishing to ensure that their interests are represented in the political process will therefore need …

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New Insights On Waiver And The Inadvertent Disclosure Of Privileged Materials: Attorney Responsibility As The Governing Precept, Audrey Rogers Jan 1995

New Insights On Waiver And The Inadvertent Disclosure Of Privileged Materials: Attorney Responsibility As The Governing Precept, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

This Article suggests that fostering the development of attorney responsibility should be the central goal in addressing the issues raised by the inadvertent disclosure. Deciding the waiver issue by concentrating on attorney responsibility will help prevent inadvertent disclosures (and resultant waivers) by impressing upon the attorney the need to take care to avoid them. When disclosures inadvertently occur, the amount of precautions the attorney took (albeit unsuccessfully) should determine whether the privilege is waived. Placing the onus of precautions against inadvertent disclosure on the attorney is not only beneficial to the client, but also aids the profession, and the overall …

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Whatever Happened To The "Best Interests" Analysis In New York Relocation Cases? A Response, Merril Sobie Jan 1995

Whatever Happened To The "Best Interests" Analysis In New York Relocation Cases? A Response, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

This response to Justice Sondra Miller’s article will first discuss the competing interests and expectations of the parties to a relocation dispute, and briefly outline the national view or views. In fact, there is no national standard, or anything approaching a consensus among the states. The New York experience under the exceptional circumstances standard will then be analyzed and appraised. My conclusion is that the standard should be maintained, although I believe that the Court of Appeals should revisit the issue to clarify the factors and criteria relevant to a determination.

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The Economics Of Canadian National Railway V. Norsk Pacific Steamship (The Jervis Crown), David S. Cohen Jan 1995

The Economics Of Canadian National Railway V. Norsk Pacific Steamship (The Jervis Crown), David S. Cohen

Elisabeth Haub School of Law Faculty Publications

Economic analysis of legal doctrine assumes, indeed its relevance largely depends upon the assumption, that judicial decisions will have an instrumental impact on the future behaviour of firms and individuals who are not themselves parties to the litigation which resulted in the specific doctrinal development being analysed. In other words, economic analysis assumes that the decisions of courts - and particularly, for what should be obvious reasons, the decisions of the Supreme Court of Canada - have a direct influence upon the manner in which non-litigants will choose to order their affairs following that decision. Thus, the focus of a …

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The Internal Trade Agreement: Furthering The Canadian Economic Disunion?, David S. Cohen Jan 1995

The Internal Trade Agreement: Furthering The Canadian Economic Disunion?, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

The premise of this article on the current status of the Canadian economic union and the meaning of the Internal Trade Agreement (the "Agreement") on that union, is that the union describes the economic relations among individual Canadians. The union is not comprised of the interconnections among political jurisdictions. The Canadian economic union, when conceived as the product of the relations between individual Canadians, is the market. We have decided that our material well-being as individuals and as a community is best served by decentralizing economic power and thereby permitting individuals, whether alone or in groups, to act relatively autonomously …

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Should Taxpayers Pay People To Obey Environmental Laws?, John A. Humbach Jan 1995

Should Taxpayers Pay People To Obey Environmental Laws?, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

Should taxpayers have to pay people not to put pollutants into streams and reservoirs? Should taxpayers have to pay people not to kill off entire species? Should taxpayers have to reach into their pockets and pay people not to disperse development seamlessly across the countryside, relentlessly consuming, fragmenting, and degrading our nation's remaining natural lands until almost all is gone? Should we, in short, have to pay people not to engage in land-uses that have been determined to be too socially unacceptable to allow?

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Putting Naval Before History, Mark R. Shulman Jan 1995

Putting Naval Before History, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Fictions, Fault, And Forgiveness: Jury Nullification In A New Context, David N. Dorfman Jan 1995

Fictions, Fault, And Forgiveness: Jury Nullification In A New Context, David N. Dorfman

Elisabeth Haub School of Law Faculty Publications

Recently, critics of the Anglo-American jury system have complained that juries in criminal trials have been ignoring the law, in favor of defendants who claim that they lack criminal responsibility because they are afflicted by the various victimization syndromes now popularized in the mass media. In this Article, Professors Dorfman and Iijima counter this characterization of the "runaway" jury and argue that juries are not ignoring the law, but rather, are exercising a primary power of the jury, to nullify the application of the law when such application to a particular defendant is unjust. The Authors trace the development of …

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Iucn's Proposed Covenant On Environment & Development, Nicholas A. Robinson Jan 1995

Iucn's Proposed Covenant On Environment & Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This article examines the genesis and scope of the IUCN draft Covenant. It (a) describes IUCN's interest and experience in preparing the proposed draft Covenant; (b) analyzes the roles the draft Covenant can serve; and (c) identifies some illustrative precedents for the Articles of the draft Covenant.

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